§ 450-9. Notice., Article II. Administration, Chapter 450. Zoning, Part II. General Legislation, Code of Ordinances, Walnutport

An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within a municipality, may request that the municipality provide written or electronic notice of a public hearing which may affect such tract or parcel of land.

Mailed notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, has made a written request that the notice be mailed and has supplied the municipality with a stamped, self-addressed envelope prior to a public hearing.

Electronic notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, has made a written request that notice be sent electronically and has supplied the municipality with an electronic address prior to a public hearing and only if that municipality maintains the capability of generating an electronic notice. An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, making the request and supplying an electronic address may at any time notify the municipality that the owner of the tract or parcel of land located within the municipality, or the owner of the mineral rights in the tract or parcel of land within the municipality, no longer will accept electronic notice, and in that event the municipality may no longer provide electronic notice.

An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, who has requested a mailed notice shall be solely responsible for the number, accuracy and sufficiency of the envelopes supplied. The municipality shall not be responsible or liable if the owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, does not provide to the municipality notice of any changes in the owner's mailing address.

An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, who has requested electronic notice shall be solely responsible for the accuracy and functioning of the electronic address provided to the municipality. The municipality shall not be responsible or liable if the owner of a tract or parcel of land located within the municipality, or an owner of the mineral rights in a tract or parcel of land within a municipality, does not provide to the municipality notice of any changes to the owner's electronic address.

A municipality shall deposit a mailed notice in the United States Mail or provide electronic notice not more than 30 and not less than seven days prior to the scheduled date of the hearing as shown on the notice.

For each public hearing, the municipal secretary or Zoning Officer shall prepare, sign and maintain a list of all mailed notices, mailing dates, electronic notices and electronic notice dates. The signed list shall constitute a presumption that the notice was given.

The mailed notice shall be deemed received by an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality on the date deposited in the United States Mail.

The electronic notice shall be deemed received by the owner of a tract or parcel of land within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, on the date the municipality electronically notifies the owner.

Failure of an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, to receive a request mailed notice or electronic notice shall not be deemed to invalidate any action or proceedings under this chapter.

Editor’s Note: This ordinance also redesignated former §§ 450-9 through 450-65 as §§ 450-10 through 450-66, respectively.