CHAPTER 17.03: PUBLIC NOTIFICATION

Section

17.03.010    Intent

17.03.020    Forms of notice

17.03.030    Property owners

17.03.040    Contents of public hearing notices

Editor’s note:

Ord. 90-130AM created MSB 17.03, and repealed the following sections regarding various application procedures, public notice and hearing requirements: MSB 17.48.070, 17.52.120, 17.60.040, 17.65.060 and 17.70.030.

17.03.010 INTENT.

Notice of any public hearing required under this title shall be given in accordance with this chapter. (Ord. 90-130AM, § 3 (part), 1990)

17.03.020 FORMS OF NOTICE.

(A)    Forms of notices shall be as follows:

(1)    Publication shall be in a newspaper of general circulation in the borough 15 days prior to the date of the public hearing.

(2)    If the public hearing is for a conditional use permit, notice shall be mailed at least 15 days prior to the public hearing to all owners of property within a distance of 600 feet of the exterior boundary of the property that is the subject of the application, or to the property owners of the five tax parcels nearest the property that is the subject of the application, whichever is the greater number of persons, and when the property that is the subject of the application lies within the boundaries of a community council recognized by the assembly, notice shall be mailed to the community council at least 15 days prior to the public hearing.

(3)    The mailing notice may be extended to a distance greater than 600 feet of the exterior boundary of such property the subject of a conditional use application at the discretion of the planning director. In determining whether or not to mail notices to an extended area the director shall consider the size, scale and potential impact of the proposed uses as well as the concerns of the community council, if any.

(4)    In addition to the requirements of subsection (2) above, if the public hearing is for a conditional use permit within a recorded subdivision, property owners within that subdivision shall be mailed a public hearing notice.

(Ord. 90-145AM, § 2 (part), 1990; Ord. 90-130AM, § 3 (part), 1990)

17.03.030 PROPERTY OWNERS.

(A)    Property owners in this section refers to the owners as shown in the records of the borough assessor.

(B)    The failure of any person to receive any notice required under this section, where the records of the borough indicate the notice was provided in a timely and proper manner, shall not affect the validity of any proceeding under this title.

(Ord. 90-145AM, § 2 (part), 1990; Ord. 90-130AM, § 3 (part), 1990)

17.03.040 CONTENTS OF PUBLIC HEARING NOTICES.

(A)    Every public hearing notice shall state the following information:

(1)    date, time and location of the public hearing;

(2)    brief description of the application.

(B)    In addition to the items in subsection (A), if the public hearing is for a conditional use permit, the following information shall be provided:

(1)    description of the property that is the subject of the application and a vicinity map of that land;

(2)    legal description of the application;

(3)    the names of the applicants and owners of the subject property;

(4)    identification of the location where the application and other supporting material will be available for public inspection;

(5)    identification of the planning department’s telephone number;

(6)    prior to the date of the public hearing, the applicant shall pay the cost of all mailings or advertisements required by ordinance specific to that action.

(Ord. 90-130AM, § 3 (part), 1990)