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109 <br />Annotated Outline <br />Public Notification <br />It is recommended that the proposed public notification requirements for all applications subjecto public notification requirementr be <br />consolidated in this section. <br />Generally,public notification is required through publication in a newspaper of general circulafion, mailing of notice to adjoining <br />property owners, and on-site posting of notice. Specific requirements for each of these different types of notice will be provided, and <br />public notification requirements will comply with North Carolina law governing the notice given for various types of permit <br />applicatons. To the extent we can comply with state law while at the same time consolidating the notice requirementr for the <br />different types of applications for development approval, we will do so in dtis.subsection. We also suggest the town consider inducting <br />a new provision that authorizes that notice for development applications be sent to persons or organizations that have registered to be <br />notified and paid a fee to defray the costs of the mailing of notice. <br />The notification procedures and time frames are checked against those required by state law and references to the General Statutes will <br />be included. <br />We have found it quite helpful in consolidafing and simplifying notice requirementr to use a table that spells out the general public <br />notification requirements. We propose to use that approach in <br />this subsection. An example format of the table from another <br />jurisdiction is reproduced here. <br />Public Hearing Procedures <br />This section will include legally-mandated public hearing <br />procedures. Additional information regarding expectations for <br />public hearings will be included in the administrative manual. <br />Conditions of Approval <br />This section will describe generally the types of conditions that <br />may be attached to certain forms of approvals granted under <br />this chapter. The section will only apply in those instances <br />where the procedure expressly allows applications to be <br />°approved with conditions." This section will be written to <br />reflect the General Statutes, federal law, and case law regarding <br />conditional approvals. It will specify that conditions imposed on <br />proposed developments must be limited to those that are <br />related in both type and amount to the impacts that the <br />proposed development will have on the public and surrounding development, <br />provisions in the UDO. <br />and that conditons may not be less restrictive than <br />Notification to Applicant <br />This subsection will explain the various ways in which an applicant will receive notification of a decision made by adecision-making <br />body. The section will be developed in accordance with recent changes in state law related to notification regarding Planning Board <br />decisions. In some cases, notification regarding a decision can be provided during a public hearing, while others may require that the <br />Planning Director notify the applicant in writing of the decision on an application for development approval within a specific number <br />of days after the decision on the applicafion. <br />Appeals of Town Board of Commissioners Decisions <br />This section'will clarify that all decisions by the Town Board of Commissioners may only be appealed to Orange County Superior Court <br />under state law. <br />Deferral of Application <br />This section will establish the rules governing when and under what circumstances an applicant may request the deferral of, or the <br />town may defer, an applicafion for developmentapproval. <br />Withdrawal of Application <br />Hillsborough, North Carolina page 7 <br />Unified Development Ordinance I Draft Annotated Outline <br />November, 2009 <br />Example Summary Table of Notice Provisions <br />