Chapter 11.08 - Noticing Requirements


City Code :: Elwood Town Subdivision Ordinance :: Chapter 11.08 - Noticing Requirements

Chapter 11.08

Noticing Requirements 
 

11.08.010 Purpose 
 

As required by the Act, the Town shall provide notice of all public hearings and public meetings for adoption or modification of this Ordinance and when a Land Use Application required by this Ordinance is considered by the Commission, or Council. The notice requirements for public hearings and public meetings, and required Applicant notice are provided by this Chapter. 
 

11.08.020 Notice required for Public Hearings and Public Meetings to consider the Adoption or any Modifications of this Ordinance and Notice of Final Action 
 

  1. Public Hearings. The Town for public hearings before the Commission, and the City Recorder for public hearings before the Council, shall provide notice of the public hearing to consider the adoption or any modification of this Ordinance as follows:
 
    1. Notice of the date, time, and place of each public hearing, at least ten (10) calendar days before the public hearing, which notice shall be:
 
      1. Mailed to each “affected entity” as defined herein and by Section 10-9a-103(1) of the Act; and
      2. Posted in at least three (3) public locations within Elwood Town, or posted on the official website of Elwood Town; and
      3. Published in a newspaper of general circulation within Elwood Town.
 
    1. Notify each Applicant of the date, time, and place of each public hearing, at least ten (10) calendar days before the public hearing.
    2. Provide to each Applicant a copy of each Staff Report regarding the Subdivision Ordinance Amendment Application at least three (3) business days before the public hearing.
 
  1. Public Meetings. The Town for public meetings before the Commission, and the City Recorder for public meetings before the Council, shall provide notice of the public meeting to consider the adoption or any modification of this Ordinance as follows:
 
    1. Notice of the date, time, and place of the public meeting, at least twenty-four (24) hours before the meeting, which notice shall be:
 
      1. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town.
 
    1. Notify each Applicant of the date, time, and place of each public meeting at least twenty-four (24) hours before the meeting.
    2. Provide to each Applicant a copy of each Staff Report regarding the Application at least three (3) business days before the meeting.
 
  1. Notice of Final Action. The City Recorder shall notify the Applicant of any final action taken by the Town Council for any Subdivision Ordinance Amendment Application related to the adoption or any modification of this Ordinance.
 

11.08.030 Notice required for Public Hearings and Public Meetings to consider a Preliminary Subdivision Application and Notice of Final Action: 
 

  1. Public Hearings. The Town for public hearings by the Commission shall provide notice of the public hearing to consider a Preliminary Subdivision Application as follows:
 
    1. Notice of the date, time, and place of each public hearing, at least five (5) calendar days before the public hearing, which notice shall be:
 
      1. Mailed to each “affected entity” as defined herein and by Section 10-9a-103(1) of the Act; and
      2. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town; and
      3. Mailed and addressed to the record owner of each land parcel located within three-hundred (300) feet of the boundary of the Subject Property; or
      4. Posting the Subject Property with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.
 
    1. Notify each Applicant of the date, time, and place of each public hearing, at least three (3) calendar days before the public hearing.
    2. Provide to each Applicant a copy of each Staff Report regarding the Preliminary Subdivision Application at least three (3) business days before the public hearing.
 
  1. Public Meetings. The Town for public meetings before the Commission and the City Recorder for public meetings before the Council, shall provide notice of the public meeting to consider a Preliminary Subdivision Application as follows:
 
    1. Notice of the date, time, and place of the public meeting, at least twenty-four (24) hours before the meeting, which notice shall be:
 
      1. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town.
 
    1. Notify each Applicant of the date, time, and place of each public meeting at least twenty-four (24) hours before the meeting.
    2. Provide to each Applicant a copy of each Staff Report regarding the Preliminary Subdivision Application at least three (3) business days before the meeting.
 
  1. Notice of Final Action. The City Recorder for Preliminary Subdivision Applications shall notify the Applicant of any final action taken by the Council or City Planner, as applicable, for a Preliminary Subdivision Application.
 

11.08.040 Notice required by the Act for Public Meetings to consider a Final Subdivision Application and Notice of Final Action: 
 

  1. Public Meetings. The City Recorder for public meetings before the Council, shall provide notice of the public meeting to consider a Final Subdivision Application as follows:
 
    1. Notice of the date, time, and place of the public meeting, at least twenty-four (24) hours before the meeting, which notice shall be:
 
      1. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town.
 
    1. Notify each Applicant of the date, time, and place of each public meeting at least twenty-four (24) hours before the meeting.
    2. Provide to each Applicant a copy of each Staff Report regarding the Final Subdivision Application at least three (3) business days before the meeting.
 
  1. Notice of Final Action. The City Recorder for a Final Subdivision Application shall notify the Applicant of any final action taken by the Council for a Final Subdivision Application.
 

11.08.050 Notice required for Public Hearings and Public Meetings to consider an Amendment to a Final Subdivision Plat and Notice of Final Action: 
 

  1. Public Hearings. The Town for public hearings by the Commission shall provide notice of the public hearing to consider a Final Subdivision Plat Amendment Application as follows:
 
    1. Notice of the date, time, and place of each public hearing, at least five (5) calendar days before the public hearing, which notice shall be:
 
      1. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town; and
      2. Mailed and addressed to the record owner of each land parcel located within three-hundred (300) feet of the boundary of the Subject Property; or
      3. Posting the Subject Property with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.
 
    1. Notify each Applicant of the date, time, and place of each public hearing, at least three (3) calendar days before the public hearing.
    2. Provide to each Applicant a copy of each Staff Report regarding the Final Subdivision Plat Amendment Application at least three (3) business days before the public hearing.
 
  1. Public Meetings. The Town Staff for public meetings before the Commission and the City Recorder for public meetings before the Town Council, shall provide notice of the public meeting to consider a Final Subdivision Plat Amendment Application as follows:
 
    1. Notice of the date, time, and place of the public meeting, at least twenty-four (24) hours before the meeting, which notice shall be:
 
      1. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town.
 
    1. Notify each Applicant of the date, time, and place of each public meeting at least twenty-four (24) hours before the meeting.
    2. Provide to each Applicant a copy of each Staff Report regarding the Final Subdivision Plat Amendment Application at least three (3) business days before the meeting.
 
  1. Notice of Final Action. The City Recorder shall notify the Applicant of any final action taken by the Council for any Final Subdivision Plat Amendment Application.
 

11.08.060 Notice Required for Public Hearings and Public Meetings to consider an Application to Vacate, Alter, or Amend a Public Street or Right-of-Way: 
 

  1. Public Hearings. The City Recorder, for the public hearing by the Council shall provide notice of the public hearing to consider an Application to Vacate, Alter, or Amend a Public Street or Right-of-Way as follows:
 
    1. Notice of the date, time, and place of each public hearing, at least five (5) calendar days before the public hearing, which notice shall be:
 
      1. Mailed to each “affected entity” as defined herein and by Section 10-9a-103(1) of the Act; and
      2. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town; and
      3. Mailed and addressed to the record owner of each land parcel located within three-hundred (300) feet of the boundary of the Subject Property; or
      4. Posting the Subject Property with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.
 
    1. Publishing notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation in Elwood Twon.
    2. Notify each Applicant of the date, time, and place of each public hearing, at least three (3) calendar days before the public hearing.
    3. Provide to each Applicant a copy of each Staff Report regarding the Application to Vacate, Alter, or Amend a Public Street or Right-of-Way at least three (3) business days before the public hearing.
 
  1. Public Meetings. The Town Staff for public meetings before the Commission and the City Recorder for public meetings before the Council, shall provide notice of the public meeting to consider an Application to Vacate, Alter, or Amend a Public Street or Right-of-Way as follows:
 
    1. Notice of the date, time, and place of the public meeting, at least twenty-four (24) hours before the meeting, which notice shall be:
 
      1. Posted in at least three (3) public locations within Elwood Town; or posted on the official website of Elwood Town
      2. Notify each Applicant of the date, time, and place of each public meeting at least twenty-four (24) hours before the meeting.
 
    1. Provide to each Applicant a copy of each Staff Report regarding the Application to Vacate, Alter, or Amend a Public Street or Right-of-Way Plat at least three (3) business days before the meeting.
 
  1. Notice of Final Action. The City Recorder shall notify the Applicant of any final action taken by the Council for any Application to Vacate, Alter, or Amend a Public Street or Right-of-Way.
 

11.08.070 Notice Challenge 
 

If notice given under authority of this Chapter, and the authority of the Act, is not challenged, as provided by the Act, within thirty (30) calendar days after the hearing(s) or meeting(s), or action, for which notice is given, the notice is considered adequate and proper.