A. Application: The subdivider shall submit to the governing body or to the agent or agency designated by the governing body, a subdivision application containing the materials identified in section 12-3-5 of this title and in the preapplication meeting.
B. Environmental Assessment: The requirement for preparing an environmental assessment, does not apply, pursuant to Montana Code Annotated section 76-3-210 when:
1. The proposed subdivision is totally within an area covered by a growth policy adopted pursuant to Montana Code Annotated sections 76-1-601 through 76-1-606; and
2. The governing body has adopted zoning regulations pursuant to Montana Code Annotated sections 76-2-301 through 76-2-328, (municipal zoning); or Montana Code Annotated sections 76-2-201 through 76-2-228 (county zoning pursuant to a growth policy); and
3. The governing body has adopted a strategy for development, maintenance, and replacement of public infrastructure pursuant to Montana Code Annotated subsection 76-1-601(3)(e).
C. Power Of Board To Waive Portion Of Environmental Assessment: The planning board may waive the requirement for preparing any portion of the environmental assessment when the proposed subdivision is in an area covered by a growth policy adopted pursuant to Montana Code Annotated sections 76-1-601 through 76-1-606, and the proposed subdivision will be in compliance with the policy.
D. Exemption: When an exemption from preparing any portion of the environmental assessment is sought, the applicant shall meet with the planning board, explain why the exemption is appropriate, and, if granted, the planning board shall prepare and certify a written statement of the reasons for granting the exemption. A copy of this statement must accompany the preliminary plat of the subdivision when it is submitted for review and shall be filed with the final plat. (Ord. 784, 8-6-2007)