Chapter 14.10 PUBLIC NOTICE REQUIREMENTS

Chapter 14.10
PUBLIC NOTICE REQUIREMENTS

Sections:

14.10.010 Notice of application.

A. Permit applications that are exempt from SEPA review and public hearings do not require a notice of application.

B. Within 14 days of issuing a letter of completeness pursuant to Chapter 14.06 TMC, the city shall issue a notice of application. The notice shall include but not be limited to the following information:

1. Name of the applicant;

2. Date of application and date of notice of application;

3. Date of letter of completeness;

4. A description of the proposed project and a list of required permits;

5. A public comment period of not less than 14 days nor more than 30 days;

6. The location of the proposed project;

7. A description of any existing environmental documents;

8. The date, time, and place of the public hearing if one is required;

9. Any predetermined development regulations that will be used for project mitigation or to gain consistency with city regulations or planning policies;

10. Any other information determined appropriate by the administrative official.

C. Publishing and Posting. The notice of application shall be posted on the subject property and be published once in a newspaper of general circulation. The notice may be issued prior to or together with other required notices if possible but is not a substitute for other notices. (Ord. 2004-17 § 1, 2004).

14.10.020 Notice of public hearing.

A. Requirements. Notice of public hearings for permit applications shall provide the following information:

1. Applicant’s name and address;

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

3. The location of the property other than a legal description;

4. The nature of the proposed development;

5. A statement that all interested persons are encouraged to attend and offer testimony;

6. When and where written comments may be received;

7. When and where pertinent information regarding the application may be reviewed or obtained;

8. Name of city contact person.

B. Publishing and Posting. Notification of pending public hearings shall be made by:

1. Publication within the official newspaper or newspaper of general circulation no less than 10 days prior to the date of the hearing;

2. Mailing no less than 10 days prior to the date of hearing to all property owners within 300 feet of the applicant property;

3. Posting hearing notice at City Hall and two other public locations no less than 10 days prior to the hearing date.

C. Joint Hearings. The city may combine any hearing on a project permit with any hearing that may be held by another agency regarding a project proposal; provided, that the hearing is held within Toppenish city limits. Hearings shall be combined if requested by the applicant if the hearing can be held within time periods established by this title or the applicant agrees to a schedule allowing for additional time to combine hearings; and

1. The other agency is not expressly prohibited from doing so;

2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements;

3. The agency has received the necessary information regarding the proposed project in ample time to review the information prior to the joint hearing date. (Ord. 2004-17 § 1, 2004).

14.10.030 Notice of decision.

A. Distribution. The city shall provide a written notice of decision to the applicant that includes a statement of any environmental review threshold determination that may have been made. The notice shall also be provided to any person who, prior to the decision, requested notice of the decision or submitted substantive comments on the application.

B. Permit Review, Notice Requirements Table.

Table 14.10-1: Permit Review and Notice Requirements

X = Required


Process Elements	Class 1 Administrative Exempt	Class 1 Administrative	Class 2 City Council	Class 3 Hearing Examiner
Letter of Completeness	X	X	X	X
Notice of Application		X	X	X
SEPA Threshold Determination	X	X	X * possible * exemptions	X * possible * exemptions
Public Hearing			X	X
Notice of Decision	X	X	X	X
Appeals	Superior Court	Superior Court	Superior Court	Superior Court

(Ord. 2004-17 § 1, 2004).