Chapter 19.03 PUBLIC NOTICE

Chapter 19.03
PUBLIC NOTICE

Sections:

19.03.010 Required public notice of application.

A. In addition to the notice of application for Type III project permits, the city shall also provide public notice of a project permit application by posting the property or by publication in the city’s official newspaper.

1. Posting. Posting of the property for site-specific proposals shall consist of one or more notice boards as follows:

a. A single notice board provided by the city, not less than four square feet in size, shall be placed by the applicant at the applicant’s sole cost and expense:

i. At the midpoint of the site street frontage or as otherwise needed for maximum visibility;

ii. Within five feet inside the street property line; and

iii. Where it is completely visible to pedestrians.

b. Additional notice boards may be required when:

i. The site does not abut a public road;

ii. A large site abuts more than one public road; or

iii. The administrator determines that additional notice boards are necessary to provide adequate public notice.

c. Notice boards shall be:

i. Maintained in good condition by the applicant during the notice period;

ii. In place at least fifteen days prior to the end of any required comment period; and

iii. Removed within fifteen days after the end of the notice period.

d. Removal of the notice board prior to the end of the notice period by the applicant may be cause for discontinuance of the land use review until the notice board is replaced and remains in place for the specified time period.

e. An affidavit of posting shall be prepared by the applicant prior to the hearing or final comment date.

f. Notice boards shall be constructed and installed in accordance with specifications established by the administrator.

2. Published Notice. Published notice shall include at least the project locations, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, and published in the city’s official newspaper of general circulation in the general area where the proposal is located.

3. Shoreline Master Program Permits.

a. 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 at least one of the following methods:

i. Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;

ii. Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or

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

b. Content of SMP Notice. The notices shall include:

i. 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 as expeditiously as possible after issuance of the decision, may submit the comments or requests for decisions to the city within thirty days of the last date the notice is to be published pursuant to this subsection. The city shall forward, in a timely manner following issuance of the decision, a copy of the decision to each person who submits a request for the decision.

ii. Notice of the hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.

iii. The public comment period shall be twenty days. The notice shall state the manner in which the public may obtain a copy of the city’s decision on the application no later than two days following its issuance. (Ord. 2925 § 2, 2015: Ord. 1916 § 1 (part), 1997).

19.03.020 Optional public notice.

As optional methods of providing public notice of any project permits, the city may:

A. Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;

B. Notify the news media;

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

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

E. Mail to neighboring property owners.

The city’s failure to provide the optional notice as described in this subsection shall not be grounds for invalidation of any permit decision. (Ord. 1916 § 1 (part), 1997).

19.03.030 Notice of public hearing.

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

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

2. Description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description;

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

4. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation;

5. The nature of the proposed use or development;

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

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

8. When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;

9. The name of a local government representative to contact and the telephone number where additional information may be obtained;

10. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the city’s cost;

11. That a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and copies will be provided at the city’s cost.

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

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

2. Type III Actions. The notice of public hearing shall be mailed to:

a. The applicant;

b. All owners of property within three hundred feet of the subject property;

c. Any person who submits written or oral comments on an application. (See additional requirements in Section 19.03.010(A)(3) for SMP applications.)

3. Type III Preliminary Plat Actions. In addition to the notice for type III actions above for preliminary plats and proposed subdivisions, additional notice shall be provided as follows:

a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of a 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 located in a city or town and adjoining the municipal boundaries thereof 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 secretary of transportation, who must respond within fifteen days of such notice.

d. Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the city deems necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred 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 required by RCW Section 58.17.090(1)(b) shall be given to owners of real property located with three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.

4. Type V Actions. For type V legislative actions, the city shall publish notice as described in Section 19.03.030(D)(2), and provide any other notice required by RCW Section 35A.12.160.

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 administrator shall issue a sworn certificate of mailing to all persons entitled to notice under this chapter. The administrator may provide notice to other persons than those required to receive notice under the code.

b. All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.

D. Procedure for Posted or Published Notice of Public Hearing.

1. Posted notice of the public hearing is required for all type III and IV project permit applications. The posted notice shall be posted as required by Section 19.03.010(A)(1).

2. Published notice is required for all type III, IV and V procedures. The published notice shall be published in the city’s official newspaper.

E. Time and Cost of Notice of Public Hearing.

1. Notice shall be mailed, posted and first published not less than ten nor more than thirty days prior to the hearing date. Any posted notice shall be removed by the applicant within fifteen days following the public hearing.

2. All costs associated with the public notice shall be borne by the applicant. (Ord. 1916 § 1 (part), 1997).