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20.7.507    PUBLIC INVOLVEMENT PROCESS

(1) In order to determine the level of public support for a center and for a specific geographic area within the city, town, or county for the center, the working committee shall develop a process which includes the public in a meaningful way.

(a) The working committee, with assistance from local officials and the department, shall schedule and participate in an informational public meeting process to determine the level of support for a center.

(b) If there is sufficient public support, then the committee shall determine the level of support for specific geographic areas which the committee is considering within the city or town.

(2) The public involvement process must also include the following:

(a) The committee shall involve local organizations such as service groups and local government advisory boards to determine public support for a center, and to assist the committee to select a specific geographic area for the center.

(b) The committee shall involve the general public in the process to review the proposal and siting criteria.

(c) A comprehensive, statistically valid and non-biased survey must be conducted to determine the level of support of local officials and the public for a center.

(3) Should the committee determine there is support for a center, the committee may move forward to determine the specific geographic area within the city, town, or county for the center.

(4) The specific geographic area within the city, town, or county which the committee chooses must be in compliance with all applicable laws, codes, ordinances and existing conditions, covenants, restrictions of record, zoning regulations, or be capable of coming into compliance with applicable zoning regulation through the use of a zoning change, variance, conditional use permit, PUD, or other process set forth in the governing zoning regulations.

(5) The specific geographic area within the city, town, or county must have access to:

(a) a law enforcement agency capable of emergency response within 15 minutes; and

(b) 24-hour emergency medical and fire protection services.

(i) Medical transportation services must be available from a licensed ambulance service.

(ii) Fire protection must be available by a professional fire protection service. Appropriate fire protection services and response time must be determined by the state fire marshal or the authority having jurisdiction.

History: 53-1-203, MCA; IMP, 53-1-203, MCA; NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD 2009 MAR p.1798, Eff. 10/16/09.

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