[HISTORY: Adopted by the Town Board of the
Town of Huntington 5-7-1974 by L.L. No. 4-1974 (Ch. 1, Sec. 1-10,
of the 1969 Code of the Town of Huntington). Amendments noted where
applicable.]
GENERAL REFERENCES
Public hearings on proposed capital program and budget — See Ch. 12.
Public hearings on rules and regulations promulgated by Director of Environmental Protection — See Ch. 27.
Public hearings on proposed local laws — See Ch. 41.
Public hearings on matters brought before Zoning Board of Appeals — See Ch. 198.
A.
The Town Board must make a determination upon an application,
proposition or appeal, which is the subject matter of a public hearing,
within ninety (90) days from the date of the conclusion of the public
hearing. The failure of the Town Board to so act shall be deemed a
denial of said application, proposition or appeal except as follows:
[Amended 12-15-1992 by Ord. No. 92-CE-12]
(1)
When the Town Board has issued a positive declaration
pursuant to the State Environmental Quality Review Act (SEQRA)[1] regulations on any action, the ninety-day time period
in which a decision must be made shall not commence until the date
of the Town Board resolution that adopts the final environmental impact
statement (FEIS), if one is required.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
B.
If a shorter period of time is prescribed by other
laws, regulations and/or rules, the shorter period of time shall be
applicable and this chapter shall not apply.
C.
The Town Board reserves unto itself the right to extend
the time for determination of any resolution or application subsequent
to the public hearing and may extend same by adopting a resolution
at a regularly scheduled Town Board meeting prior to the expiration
of ninety (90) days.
This chapter shall also apply to all matters
which have come before the Town Board for determination pursuant to
a public hearing on which the Town Board has taken no action, as of
the effective date of the enactment of this chapter.
