Section 16.12.060 Exemptions from environmental assessment.
The requirement for preparing an environmental assessment
pursuant to Section 76-3-504(1)
MCA, shall be waived when:
A. 1. The proposed subdivision is totally within an area
covered by a master plan adopted
pursuant to Section 76-1-606 MCA; and
2. Municipal zoning regulations have
been adopted pursuant to Sections 76-2-301 through
76-2-8 MCA; or county zoning pursuant to a comprehensive plan has been adopted pursuant to
Sections 76-2-201 through 76-2-228 MCA; and
3. A long-range development program
of the public works projects has been adopted
pursuant to Section 76-1-601(4) MCA; or
B. The proposed subdivision is the
first minor subdivision from a tract of record. The
requirement for preparing an environmental assessment may be waived by the city council when:
1. The proposed subdivision is in
an area covered by a city or county master plan adopted
pursuant to Sections 76-1-101 through 76-1-606 MCA and the proposed subdivision will be in
compliance with the plan; or
2. The subdivision will contain fewer
than ten parcels and less than twenty (20) acres.
When such an exemption is granted, the city council shall
prepare and certify a written
statement of the reasons for granting the exemption. A copy of this statement shall accompany
the preliminary plat of the subdivision when it is submitted for review. (Ord. 131 (part), 1998:
prior code § 16.01.020B-6)