A.
Unless otherwise expressly provided by law, all notices to the general public required by § 128-179 shall be made by posting the property to be affected by the pending proceeding. Such posting shall be made at least 14 days prior to the hearing date by erection of a sign to be furnished by the Department of Planning. Such sign shall be continuously posted until the date of the hearing and shall not be removed until the time specified in Subsection E herein. Such sign shall be erected by the initiator of the proceeding within 10 feet of the boundary line of the property which abuts the most traveled public road and if no public road abuts thereon, then such sign shall face in such direction as designated by the Director of Planning, and shall bear the words:
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PUBLIC HEARING NOTICE
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Case Number: _________________________________________pending
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(nature of case)
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For information, call: _________________________________________
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(telephone number)
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The blanks shall be filled in with
the assigned case number, if any, a short description of the nature
of the proceeding, and the telephone number of the appropriate government
office to provide information regarding the proceeding.
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B.
The sign shall be furnished by the Department
of Planning to the initiator of the proceeding with payment by the
initiator of a nonrefundable deposit of $10. The sign shall be returned
by the initiator as a condition of approval by the appropriate administrative
board.
C.
At the hearing, it shall be the duty of
the initiator of the proceeding to prove by affidavit or in person
that he has fully complied with this section.
D.
Any sign to be posted pursuant to this
section shall be maintained in a visible location and free from obstruction
by brush, weeds, or other growth until after the public hearing is
held. Such sign shall be removed within five days after the final
decision is rendered by the appropriate administrative board.
E.
Posting of the property as stated herein
shall not be required for sectional or comprehensive amendment procedures.
All proceedings under the terms of
this chapter requiring a public hearing shall be advertised by the
Town, once a week for two successive weeks in a newspaper of general
circulation in the Town, with the first such advertisement at least
14 days prior to the public hearing, the cost for which publication
shall be borne by the petitioner, prior to the date the proceeding
is scheduled for hearing, which advertisement shall state the following:
A.
The date, time and place of such hearing.
B.
A summary of the purpose of the proceeding
in sufficient detail to inform the public of the nature of the proceeding
and the relief sought by the initiator of the proceeding.
C.
The location of the property involved,
its area, name of owner, and file or case number of the proceeding,
and the name of the governmental body before which such proceeding
is to be conducted.
D.
Any other information deemed necessary
by the Director of Planning to adequately inform the public of the
proceeding.
A.
Except in cases of a proposed amendment to the text of this chapter or as provided in Subsection C below, whenever the application of this chapter requires the holding of a public hearing, the petitioner requesting the public hearing shall give at least 14 days' notice of the time and place of such hearing by certified U.S. mail, first-class postage prepaid by petitioner, to the owners of property within 200 feet of the property with which the hearing is concerned. Proof of certified mailing shall be submitted to the Department of Planning prior to the date on which the proceeding is scheduled. Failure to provide proof of certified mailing to all property owners within 200 feet of the property on which the proceeding is scheduled shall delay the proceeding. Said mailed notice shall be directed to the address to which the real estate tax bill on the property is sent. Said notice shall contain the same information as the published notice required by § 128-178 of this article.
B.
The Department of Planning shall provide
a complete, accurate and up-to-date list of all such property owners
that require notice. Failure of a person to receive the notice or
accept service prescribed in this section shall not impair the validity
of the hearing. For any Planning Commission or Board of Appeals review
that requires notification to contiguous property owners, the petitioner
shall also post the subject property at least 14 days prior to the
meeting.
C.
Simplified site plans, administrative approvals
and concept plans shall not be required to provide any type of U.S.
mail notice.
