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Changes to Existing Law

SB237Require that counties provide written notice to township supervisors of conditional use applications and appeals.

2 sections modified+2091-0
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§ 11-2

New Section
+1212
NEW SECTION added to Chapter 11-2
An applicant seeking a conditional use permit from a county for a proposed use that is anticipated to substantially increase the burden on existing public infrastructure or rights-of-way within the county shall send notice, by certified mail, to the board or other approving authority, at least forty-five days before submitting the permit application. Within thirty days of receiving the notice, the authority shall schedule a public hearing to determine whether a haul road agreement or other conditions are necessary for the applicant's proposed use of the infrastructure or rights-of-way. Within fourteen days after the hearing, the authority shall provide a written decision to the applicant stating whether the applicant must enter into a haul road agreement or satisfy other conditions prior to the granting of a permit under this chapter. For purposes of this section, "haul road agreement" means a contract between a contractor or developer and the governing body of a political subdivision which designates specific public roads within the jurisdiction of the political subdivision for use by the contractor or developer in transporting heavy materials to and from a construction or industrial site. 20

§ 11-4

New Section
+879
NEW SECTION added to Chapter 11-4
An applicant seeking a conditional use permit from a municipality for a proposed use that is anticipated to substantially increase the burden on existing public infrastructure or rights-of-way within the municipality must send notice, by certified mail, to the approving authority at least forty-five days before submitting the permit application. Within thirty days of receiving the notice, the authority shall schedule a public hearing to determine whether a haul road agreement, as defined in section of this Act, or other conditions are necessary for the applicant's proposed use of the infrastructure or rights-of-way. Within fourteen days after the hearing, the authority shall provide a written decision to the applicant stating whether the applicant must enter into a haul road agreement or satisfy other conditions prior to the granting of a permit under this chapter. 7