Public Hearing Procedures
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General Administrative Policies
Public Hearing Procedures
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11/20/2017 2:43:30 PM
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TETON COUNTY ADMINISTRATIVE POLICIES <br />Public Hearing Procedures <br />Revision: <br />2 <br />Date: <br />8/22/16 <br />Original Issue Date: <br />8/12/13 <br />Number of Pages: <br />5 <br />Approved: <br />BOCC <br />The following procedures shall be followed with regard to all public hearings conducted by and before the <br />Board of County Commissioners (BOCC) and the Planning and Zoning Commission (PZC): <br />Section 1. Public Notice <br />a. If a public hearing is required by law or ordinance, the planning commission and, when applicable, <br />the Board of County Commissioners shall hold at least one public hearing in which interested persons <br />shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time <br />and place and a summary of the proposal shall be published in the county's official newspaper. <br />Notice of public hearing should only be published when an application is complete in a manner <br />sufficient to address the requirements established by ordinance and application forms. <br />b. In the case of annexations, conditional use permits, site-specific rezones, subdivisions, and variances, <br />notice shall also be provided to property owners within the land being considered; those record <br />owners of lands within three hundred feet (300') of the external boundaries of the land being <br />considered; and, optionally, within any additional areas that may be substantially impacted by the <br />proposal as determined by the Planning and Zoning Administrator. Contents of the mailed notice <br />must contain the information required by law and when practical should include information guided <br />by this policy such as requirements of testimony, default time limits (or issue -specific time limits, if <br />known), timing for allowing written submissions, and other significant conditions or restrictions on <br />testifying. <br />c. When mailed notices would be required to be sent to two hundred (200) or more property owners, a <br />notice of public hearing, at least 2" x 4" in size, may be published in the county's official newspaper <br />at least 15 days prior to the hearing, and shall be considered adequate in lieu of otherwise required <br />mailed notices. <br />d. For site-specific matters, the subject property should be posted with signs describing the type of action <br />to be considered, contact information for the Planning and Zoning Department, and the time, date and <br />location of the hearing. Such signage shall be posted on the site as required by law. <br />Section 2. General Rules for Testimony in a Quasi-judicial or Annexation -related Public Hearing <br />a. At the commencement of the public hearing, the BOCC and PZC members shall disclose whether <br />they have viewed the property which is the subject of the public hearing. If so, they must disclose the <br />approximate date of the site visit and the names and affiliation of everyone present during the visit. <br />b. The BOCC an PZC members shall disclose whether they have had any ex parte communications, <br />defined as communication outside of a properly noticed public meeting, about the application being <br />considered with: (a) the applicant; (b) a member of the public; (c) a representative of the applicant; <br />and/or (d) a member of the public. All ex parte communication must be disclosed by identifying the <br />person and the person's employment or affiliation, and by providing a description of the <br />communication. <br />c. The Commission/Board, or the Chairman may establish a time limit to be observed by all speakers. <br />This resolution provides the default time limits as follows: Applicant (to describe application and <br />reasons that it meets requirements) — not to exceed fifteen (15) minutes. Staff explanation — not to <br />exceed fifteen (15) minutes. Individual testimony — pro, neutral and con — three (3) minutes per <br />person. Rebuttal by the applicant (no new evidence — only information from the record to rebut <br />assertions by contrary testimony) — as needed. <br />d. No person shall be permitted to testify or speak before the hearing agency at a public hearing unless <br />such person has signed his name and written his contact address on sign-up sheets to be provided by <br />Teton County Administrative Polices: PUBLIC HEARING PROCEDURES Page 1 of 4 <br />
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