§ 74-310. Public notice of application, public comment, and maintenance of public record.

A public notice and comment period is required as a condition for the grant of an authorized encroachment. The purpose of public notice and comment is to provide an opportunity for comment on the proposed encroachment, and to provide the technical panel with relevant information consistent with the requirements of this ordinance. The applicant shall complete the following public notice requirements upon notification by the technical panel that technical review is complete:

(a)

Public notice and comment period. The public notice and comment period shall be 30 consecutive calendar days from the date the sign(s) required by section 74-310(b)(3) is(are) posted.

Comments shall be submitted to the attention of the riparian buffer technical panel in the department of watershed management. Comments shall be timely and must identify the application to which they pertain. Public comments shall be made part of the application file.

(b)

Notice requirements. The applicant shall notify the public of the application for an authorized encroachment in accordance with this section. The commissioner is authorized to develop standards and procedures for posting of notice, which shall, at a minimum, include the following:

(1)

The applicant shall notify all owners of real property adjoining the stream or wetland for a distance of 200 feet upstream and 500 feet downstream as measured from the property line contiguous to the stream or wetland that an authorized encroachment is being requested. The notice shall be sent via certified mail return receipt requested, shall contain both a copy of the application and the information listed in section 74-310(c), and shall be postmarked the same date the sign(s) required by section 74-310(b)(3) is(are) posted; and

(2)

The applicant shall notify the chairperson of the NPU in which the subject property is located that an authorized encroachment is being requested. The notice shall be sent via certified mail return receipt requested, shall contain both a copy of the application and the information listed in section 74-310(c), and shall be postmarked the same date the sign(s) required by section 74-310(b)(3) is(are) posted; and

(3)

The applicant shall post at least one sign on the property for which the authorized encroachment is being sought in a format as determined by the department or in accordance with the following specifications:

(i)

Post one sign adjacent to each street the property abuts for every 600 feet of frontage;

(ii)

The sign shall contain the words "stream buffer encroachment" in letters not less than three inches high;

(iii)

The sign shall be legible and posted in a conspicuous place on the property so it can be easily viewed from the public street on which the property fronts;

(iv)

The sign shall be at least one and one-half feet by two feet;

(v)

The sign shall contain all information in section 74-310(c); and

(vi)

The sign shall remain in place for a minimum of 30 consecutive calendar days.

(c)

Notice contents. The notice required by this section shall include the following information:

(1)

The property address where the encroachment is being proposed;

(2)

The scope of the proposed encroachment;

(3)

The authorized encroachment application number;

(4)

The location where plans may be reviewed and the date by which comment may submitted as set out in section 74-310(a); and

(5)

The current address and contact information, including phone number, for the riparian buffer technical panel, department of watershed management.

(d)

Certification. Upon completion of public notice and comment period, the applicant shall certify to the technical panel that all public notification requirements have been fulfilled and shall provide documentation of compliance including, but not limited to, dated photographs of the sign(s), copies of required letters, and certified mail return receipts.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O-0058), § 11, 4-27-10; Ord. No. 2012-01(11-O-1840), § 6, 1-26-12)