Chapter 14.03
PUBLIC NOTICE

Sections:

14.03.010    Public notice of application.

14.03.020    Optional public notice.

14.03.030    Notice of public hearing.

14.03.010 Public notice of application.

A. In addition to the notice of application for Type III, Type IV and Type VI project permits as set forth in WRMC 14.02.040, the director shall also provide public notice of Type III, IV and VI project permit applications by mailing notice to property owners within 600 feet of the subject parcel (as shown by the records of the Benton County assessor), posting notice on or near the property, and by posting notice either on the official city website, or at the official posting places set forth pursuant to WRMC 1.12.010. The posting and mailing of the public notice required under this subsection shall be at least 21 days prior to any public hearing on the applications and at least 15 days prior to the end of any required comment period.

B. Notice Contents.

1. Except as provided in subsection (B)(2) of this section, the notices posted shall contain the items listed in WRMC 14.02.040(C).

2. Posting notice on or near the property may comply with the requirements of subsection (B)(1) of this section, or be a reference directing inquiries to a more specific source of information (e.g., use of the city’s “Pending Land Use Action” signs to direct inquiries to the planning department).

C. Notice for Shoreline Master Program (SMP) Permits.

1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods:

a. Mailing of the notice to real property owners as shown by the records of the county assessor within 600 feet of the boundary of the property upon which the proposed project is to be built;

b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or

c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public.

2. Content of SMP Notice. SMP notices shall include:

a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection;

b. A statement that any person may submit oral or written comments at the hearing;

c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance.

3. Public Comment Period. The public comment period shall be 20 days.

4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. [Ord. 38-07 § 1, 2007].

14.03.020 Optional public notice.

A. The director, in his or her discretion, may:

1. Notify the public or private groups with known interest in a proposal or type of proposal;

2. Notify the news media;

3. Place notices in appropriate regional or neighborhood newspapers or trade journals;

4. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and

5. Mail notice to neighboring property owners.

B. The director’s failure to provide an optional notice, as described in this section, shall not be grounds for an appeal or invalidation of any permit decision. [Ord. 38-07 § 1, 2007].

14.03.030 Notice of public hearing.

A. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required by this chapter shall contain:

1. The name and address of the applicant or the applicant’s representative;

2. Description of the subject property reasonably sufficient to inform the public of its location, including but not limited to a vicinity location or written description, a map or postal address, and a subdivision lot and block designation, but need not include a legal description;

3. The date, time and place of the hearing;

4. The nature of the proposed use or development;

5. A statement that all interested persons may appear and provide testimony;

6. The sections of the code that are pertinent to the hearing procedure;

7. A statement explaining when information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;

8. The name of a city representative to contact and the telephone number where additional information may be obtained;

9. A statement that a copy of the application materials are available for inspection; and

10. A statement explaining that a copy of the staff report will be available for inspection prior to the hearing.

B. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:

1. Type I, Type II, and Type V Actions. No public notice is required because no public hearing is held, except for an appeal of a Type II action.

2. Type III, IV and VI Actions. The notice of the public hearing shall be mailed to:

a. The applicant;

b. All owners of property within 600 feet of the subject property;

c. Any person who submits written or oral comments on an application;

d. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090.

3. Type IV Preliminary Plat Actions. In addition to the notice provided for Type IV actions above, notice for preliminary plats and proposed subdivisions shall also include the following:

a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of any city or town, or which contemplates the use of any city or town utilities, shall be given to the appropriate city or town authorities;

b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of Benton County shall be given to the appropriate county officials;

c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the Department of Transportation;

d. Special notice of the hearing shall be given to adjacent landowners by any method deemed reasonable by the director. Adjacent landowners are owners of real property, as shown by the records of the county assessor, located within 600 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.909(1)(b) shall be given to owners of real property located with 600 feet from any portion of the boundaries of the adjacent parcels owned by the owner of the real property to be subdivided; provided, that such notice need not exceed 5,000 feet from the boundary of the proposed subdivision;

e. Publish notice not less than 10 days prior to the public hearing in a newspaper of general circulation within Benton County and the area of the proposal.

4. Type VII Actions. For Type VII legislative actions, the city shall post notice as described in subsection A of this section on the official city website and notify the news media.

5. General Procedure for Mailed Notice of Public Hearing.

a. The records of the Benton County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The director shall cause to be issued a sworn certificate of mailing to all persons entitled to notice under this chapter. The director may provide notice to persons other than those required to receive notice under the code.

b. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail.

C. Procedure for Posted Notice of Public Hearing. Posted notice of the public hearing is required for all Type III, IV, and VI project permit applications. The posted notice shall be posted as required by WRMC 14.03.010(A).

D. Time and Cost of Notice of Public Hearing.

1. Notice of the public hearing shall be mailed and posted not less than 10 days, nor more than 30 days prior to the hearing date; provided the notice requirements of WRMC 14.03.010 shall also be met when applicable. Posted notices shall be removed by the applicant within 15 days following the public hearing.

2. All costs associated with the public notice shall be borne by the applicant. [Ord. 38-07 § 1, 2007].