The provisions of this chapter shall be administered and enforced by the Building Inspector, who shall issue building permits and zoning permits. No building permit, zoning permit, certificate of occupancy, or other permit or license shall be issued if it would be in conflict with the provisions of this chapter, Chapter 92 of the Gardiner Town Code, entitled "Building Construction," or any other applicable local, state, or federal law or regulation.
B.
Zoning permit. A zoning permit shall be required for the conversion or change in use of any existing building, structure, or parcel of land where no new construction is involved and where no variance or special permit is required. No zoning permit shall be required when the new use is permitted by right, as provided in § 220-10F.
C.
Application for zoning permit. All applications for
a zoning permit shall be made on prescribed forms and shall contain
the following information:
(1)
Land: A description of the land on which the proposed
use or construction will occur, including deed and filed map references,
lot numbers, and tax parcel numbers.
(2)
Use, occupancy: A statement of the existing and proposed
use of all parts of the land and the location, character and existing
and proposed use of any existing or proposed buildings or structures;
including the number of floors, entrances, rooms, type of construction
and the kind and extent of any exterior horizontal extension proposed
toward any boundary or street line of the lot.
(3)
Identity of owner, applicant: The full name and address
of the owner and of the applicant, and the names and addresses of
their responsible officers if any of them are corporations, and written
permission from the owner if the applicant is not the owner.
(4)
Description of work or changes in use: A brief description
of the nature of the proposed work or change in use.
(5)
Plans and specifications:
(a)
Each application for a zoning permit shall be
accompanied by two copies of plans and specifications, including a
map, survey (if applicable), site development or plot plan, drawn
to scale, showing the courses, dimensions and detail of all the boundary
lines of the proposed lot of occupancy and the street boundaries adjacent
thereto; if any, and the location and size of all existing buildings,
structures, parking areas, traffic access and circulation drives,
open spaces and landscaping on the site, the nature and character
of any work to be performed and the materials to be incorporated,
distance from lot lines, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks, and alleys,
and such additional information as may be required by the Building
Inspector, to determine compliance with the provisions of this chapter.
(b)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings and where required
by the Education Law or any other applicable statutes, laws, rules
or regulations of the State of New York, the seal of a licensed architect
or a licensed professional engineer.
(6)
Additional information: Such other information as
may reasonably be required by the Building Inspector to establish
compliance of the proposed work or change in use with the requirements
of this chapter.
D.
Action upon application.
(1)
The Building Inspector shall promptly review the application
and approve or deny it, giving the reason for any denial. A copy of
the approved or disapproved application shall be delivered or mailed
to the applicant within five business days.
(2)
An application with the approval of the Building Inspector
endorsed thereon shall constitute the zoning permit, which shall become
effective when the Building Inspector has filed written approval of
the permit application in the office of the Town Clerk. A copy of
the zoning permit shall be placed in the permanent property file for
the property.
E.
Invalid approval. No zoning permit shall be valid
unless it complies with all provisions of this chapter. Any permit
approved in violation of this chapter shall be void.
F.
Termination of zoning permit. An approved building
or zoning permit shall terminate and become void if there is no commencement
of the new use within 12 months of the date of approval.
The steps to obtain zoning permits shall be the same as those required for building permits in Chapter 92. If the Building Inspector denies a building or zoning permit and does not refer the application to the Planning Board or Town Board, the applicant may appeal to the Zoning Board of Appeals.
No building or structure hereafter erected, constructed, enlarged, altered, or moved, and no enlarged, extended, altered, or relocated portion of an existing building or structure shall be occupied or used until a certificate of occupancy has been issued by the Building Inspector, in accordance with the provisions of Chapter 92 of the Town Code, this chapter, and any other applicable laws and regulations. Any structure for which a building permit has been issued, which remains partially complete with no substantial progress over a twelve-month period, shall be considered a violation of this chapter to be remedied pursuant to § 220-57.
A.
Inspection. In order to determine compliance with
this chapter, the Building Inspector is authorized, to the extent
permitted by law, to enter, inspect, and examine any building, structure,
place, premises, or use in the Town of Gardiner.
B.
Notice of violation.
(1)
Upon finding any new construction, improvements, or
uses to be in violation of this chapter, the Building Inspector shall
transmit a written notice of violation, by registered or certified
mail, to the owner and tenants of the property upon which the alleged
violation occurs, describing the alleged violation, with a copy to
the Town Board. The notice of violation shall require an answer or
correction of the alleged violation to the satisfaction of the Building
Inspector within a reasonable time limit set by the Building Inspector.
The notice shall state that failure to reply or to correct the alleged
violation to the satisfaction of the Building Inspector within the
time limit constitutes admission of a violation of this chapter. The
notice shall further state that, upon request of those to whom it
is directed, technical determinations of the nature and extent of
the violation as alleged will be made, and that, if a violation as
alleged is found, costs of the determinations will be charged against
those responsible, in addition to such other penalties as may be appropriate,
and that, if it is determined that no violation exists, costs of determination
will be borne by the Town.
(2)
If, within the time limit set, there is no reply,
but the alleged violation is corrected to the satisfaction of the
Building Inspector, the notation "Violation Corrected" shall be made
on the Building Inspector's copy of the notice.
(3)
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, the Building Inspector shall take action in accordance with Subsection C.
(4)
A permanent record of all notices of violation and
their disposition shall be kept in the offices of the Building Inspector.
C.
Abatement of violations. The Building Inspector or
the Town Board may issue a stop-work or cease-and-desist order and/or
institute an appropriate legal action or proceeding to prevent, restrain,
correct, or abate any violation of this chapter to prevent the occupancy
of premises, or to prevent any activity, business, or use that violates
this chapter. Such legal action may include the issuance of an appearance
ticket pursuant to the Criminal Procedure Law, § 150.20.
D.
Penalties.
(1)
A violation of this chapter is an offense punishable
by fine not exceeding $350, or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense. Conviction of
a second offense, committed within five years of the first offense,
is punishable by a fine not less than $350 nor more than $700 or imprisonment
for a period not to exceed 15 days, or both. Conviction of a third
or subsequent offense committed within a period of five years is punishable
by a fine of not less than $700 nor more than $1,000, or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation. A violation
which creates an imminent hazard to health and safety shall be punishable
by the same fine as above, as well as by imprisonment for a period
not to exceed six months per violation.
(2)
In addition, any person who violates any provision
of this chapter or who fails to do any act required thereby shall,
for each and every such violation, pay a civil penalty of not more
than $100. When a violation of any of the provisions is continuous,
each day thereof shall constitute a separate and distinct violation
subjecting the offender to an additional penalty.
(3)
The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the abatement of a violation pursuant to Subsection C. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender, and may be recovered in a civil court of appropriate jurisdiction.
E.
Complaints of violations. Whenever a suspected violation
of this chapter occurs, any person may file a signed written complaint
reporting such violation to the Building Inspector. The Building Inspector
may also investigate any oral complaint made to his/her office. All
complaints, written or oral, shall be properly recorded, filed, and
promptly investigated by the Building Inspector, and reported to the
Town Board.
F.
Accountability. For every violation of the provisions
of this chapter, the owner, agent, contractor, lessee, ground lessee,
tenant, licensee, or any other person who commits, takes part, or
assists in such violation or who maintains any structures or premises
in which any such violation exists, shall be punishable according
to the provisions of this chapter.
A.
Deposits in escrow.
(1)
In connection with any application for a special permit,
site plan or subdivision approval, zoning amendment, variance, or
other appeal, the reviewing board may require an applicant to deposit
an initial sum of money into an escrow account in advance of the review
of the application. Said sum shall be based on the estimated cost
to the Town of reviewing the particular type of application before
it. The reviewing board may consider the professional review expenses
incurred by it and neighboring municipalities in reviewing similar
applications.
(2)
Use of funds.
(a)
The money deposited shall be used to cover the
reasonable and necessary costs of reviewing an application, including
costs of inspection of construction and completed improvements. Costs
may include staff costs or consultant fees for planning, engineering,
legal, and other professional and technical services required for
the proper and thorough review of an application and project inspections.
The reviews governed by this section shall include but not be limited
to all environmental review pursuant to law, including review of the
proposed action under the State Environmental Quality Review Act (SEQR).
(b)
The review expenses provided for herein are
in addition to application or administrative fees required pursuant
to other sections of the Gardiner Town Code.
(c)
Monies deposited by applicants pursuant to this
section shall not be used to offset the Town's general expenses of
professional services for the several boards of the Town or its general
administrative expenses.
(d)
Fees charged strictly for SEQR review shall
not exceed the maximum amounts that can be charged by the lead agency
pursuant to the SEQR regulations
B.
Upon receipt of monies requested for an escrow account,
the Town Supervisor shall cause such monies to be placed in a separate
non-interest-bearing account in the name of the Town and shall keep
a separate record of all such monies deposited and the name of the
applicant and project for which such sums were deposited.
C.
Upon receipt and approval by the Town Board of itemized
vouchers from consultants for services rendered on behalf of the Town
regarding a particular application, the Town Supervisor shall cause
such vouchers to be paid out of the monies so deposited, and shall
debit the separate record of such account accordingly.
D.
Review of vouchers; payment.
(1)
The Town Board shall review and audit all such vouchers
and shall approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Town in connection with
the review and consideration of applications and project inspections.
A charge or part thereof is reasonable in amount if it bears a reasonable
relationship to the average charge by consultants to the Town for
services performed in connection with the review of a similar application.
In auditing the vouchers, the Town Board may take into consideration
the size, type and number of buildings to be constructed, the topography
of the site at issue, environmental conditions at such site, the infrastructure
proposed in the application and any special conditions the Town Board
may deem relevant. A charge or part thereof is necessarily incurred
if it was charged by the consultant for a service which was rendered
in order to protect or promote the health, safety or other vital interests
of the residents of the Town, and protect public or private property
from damage.
(2)
In no event shall an applicant make direct payment
to any Town consultant.
E.
If, at any time during the review of an application
or the inspection of an approved project under construction, there
shall be insufficient monies on hand to the credit of an applicant
to pay the approved vouchers in full, or if it shall reasonably appear
to the reviewing board or inspecting official that such monies will
be insufficient to meet vouchers yet to be submitted, the reviewing
board or official shall cause the applicant to deposit additional
sums as the board or official deems necessary or advisable in order
to meet such expenses or anticipated expenses.
F.
An applicant shall have the right to appeal to the
Town Board the amount of any required escrow deposit or the amount
charged to an escrow account by a consultant under this section.
G.
In the event the applicant fails to deposit the requested
review fees into an escrow account, any application review, approval,
permit or certificates of occupancy may be withheld or suspended by
the reviewing board, officer or employee of the Town until such monies
are deposited.
H.
Upon completion of the review of an application or
upon the withdrawal of an application, and after all fees already
incurred by the Town have been paid and deducted from the escrow account,
any balance remaining in the escrow account shall be refunded within
60 days after the applicant's request.
I.
The owner(s) of the subject real property, if different
from the applicant, shall be jointly and severally responsible to
reimburse the Town of Gardiner for funds expended to compensate for
services rendered to the Town under this section by private engineers,
attorneys or other consultants. In order for a land use application
to be deemed complete, the applicant shall provide the written consent
of all owners of the subject real property acknowledging potential
landowner responsibility, under this section, for engineering, legal
and other consulting fees incurred by the Town. In the event that
insufficient funds have been deposited in escrow and the applicant
or owners fail to reimburse the Town for such fees, the following
shall apply:
(1)
The Town may seek recovery of unreimbursed engineering,
legal and consulting fees by action in a court of appropriate jurisdiction,
and the defendant(s) shall be responsible for the reasonable and necessary
attorney's fees expended by the Town in prosecuting such action.
(2)
Alternatively, and at the sole discretion of the Town,
a default in reimbursement of such engineering, legal and consulting
fees expended by the Town shall be remedied by charging such sums
against the real property which is the subject of the land development
application, by adding that charge to, and making it a part of, the
next annual real property tax assessment roll of the Town. Such charges
shall be levied and collected at the same time and in the same manner
as Town-assessed taxes and shall be applied in reimbursing the fund
from which the costs were defrayed for the engineering, legal and
consulting fees. Prior to charging such assessments, the owners of
the real property shall be provided written notice to their last known
address of record, by certified mail, return receipt requested, of
an opportunity to be heard and object before the Town Board to the
proposed real property assessment, at a date to be designated in the
notice, which shall be no less than 30 days after its mailing.
Pursuant to the provisions of § 267
of the Town Law, there is hereby established a Zoning Board of Appeals
consisting of five members appointed by the Town Board. The Zoning
Board of Appeals shall have all the powers and duties prescribed by
law and this chapter in connection with appeals to review any order,
requirement, decision, interpretation, or determination made by an
administrative official charged with the enforcement of this chapter,
generally the Building Inspector. An appeal may be taken by any person
aggrieved or by any officer, department, board, or bureau of the Town.
A.
Appeals of orders, requirements, decisions, interpretations,
or determinations. The Zoning Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
interpretation, or determination appealed from, and shall make such
order, requirement, decision, interpretation, or determination as
in its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of this chapter. In so doing,
the Zoning Board of Appeals shall have all the powers of the administrative
official from whose order, requirement, decision, interpretation,
or determination the appeal is taken.
B.
Appeals for variance.
(1)
Where there are practical difficulties or unnecessary
hardships imposed by the strict letter of this chapter, the Zoning
Board of Appeals shall have the power, upon appeal from a determination
by the Building Inspector and after public notice and hearing, to
vary or modify the application of any of the provisions of this chapter
relating to the use, construction, or alteration of structures or
the use of land, so that the spirit of this chapter is observed, public
safety and welfare secured, and substantial justice done.
(2)
All applications for variances shall be submitted to the Building Inspector at least 10 days before the meeting of the Zoning Board of Appeals and shall be accompanied by six copies of a plot plan, drawn to scale with accurate dimensions, showing the location of all existing and proposed structures on the lot. An application for a use variance may require submission of an agricultural data statement pursuant to § 220-37D.
(3)
Any variance which is not exercised by application
for a zoning permit or by otherwise commencing the use within one
year of the date of issuance shall automatically lapse.
C.
Use variances.
(1)
The Zoning Board of Appeals, on appeal from a decision
or determination of the Building Inspector, shall have the power to
grant use variances, authorizing a use of the land which otherwise
would not be allowed by this chapter. No use variance shall be granted
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship to the applicant.
In order to prove unnecessary hardship, the applicant shall demonstrate
that for each and every permitted use under this chapter for the district
in which the applicant's property is located:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
(b)
The alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood;
(c)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The Zoning Board of Appeals shall consider any agricultural data statement submitted pursuant to § 220-37D.
(4)
The Zoning Board of Appeals, in granting use variances,
shall grant the minimum variance that it deems necessary and adequate
to address the unnecessary hardship proven by the applicant, and at
the same time preserve and protect the character of the neighborhood
and the health, safety, and welfare of the community.
(5)
In addition to the grounds for granting a use variance in Subsection C(1) above, a use variance may also be granted if the applicant can prove, by competent financial evidence, deprivation of all economically beneficial use of the property. In such a case, the Zoning Board of Appeals shall grant only the minimum variance necessary to allow an economically beneficial use.
(6)
If the use variance is granted for a nonresidential
use, the applicant shall obtain site plan approval from the Planning
Board prior to commencing the use or obtaining a building permit or
zoning permit.
D.
Area variances.
(2)
In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety, and welfare of the neighborhood or community of such grant.
In making its determination, the Board shall also consider:
(a)
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
(b)
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
(e)
Whether the alleged difficulty was self-created,
which shall be relevant to the decision of the Board, but which shall
not necessarily preclude the granting of the area variance.
(3)
The Zoning Board of Appeals, in the granting of area
variances, shall grant the minimum variance that it deems necessary
and adequate, while preserving and protecting the character of the
neighborhood and the health, safety, and welfare of the community.
E.
Imposition of conditions on variances. The Zoning
Board of Appeals shall, in granting use variances and area variances,
impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of this
chapter, and shall be imposed for the purpose of minimizing any adverse
impact the variance may have on the neighborhood or community.
F.
Procedures.
(1)
Application. Appeals shall be taken by filing a written
notice of appeal and any required plans with the Building Inspector
and the Zoning Board of Appeals, within 60 days after the filing of
the order, requirement, decision, interpretation, or determination
that is being appealed, on forms prescribed by the Zoning Board of
Appeals. Such application shall refer to the specific provision of
this chapter involved and shall specify the grounds for the variance
requested, the interpretation claimed, or for the reversal of an order,
requirement, decision, or determination of an administrative official.
The Building Inspector shall forthwith transmit all the papers constituting
the record of the appeal to the Zoning Board of Appeals.
(2)
Referral to County Planning Board.
(a)
Requests for variances that require referral
to the County Planning Board shall be so referred pursuant to General
Municipal Law, Article 12-B, §§ 239-l and 239-m, as
amended.
(b)
No action shall be taken on variances referred
to the County Planning Board until its recommendation has been received,
or 30 days have elapsed after its receipt of the full statement of
the proposed variance, unless the County and Town agree to an extension
beyond the thirty-day requirement for the County Planning Board's
review.
(c)
County disapproval. A majority-plus-one vote
shall be required to approve any variance which receives a recommendation
of disapproval from the County Planning Board because of the referral
process specified above, along with a resolution setting forth the
reasons for such contrary action.
G.
Hearing and public notice.
(1)
If an agricultural data statement has been submitted,
the Secretary of the Zoning Board of Appeals shall, upon receipt of
any variance application, mail written notice of the application to
the owners of land as identified by the appellant in the agricultural
data statement. Such notice shall include a description of the proposed
variance and its location. The cost of mailing the notice shall be
borne by the appellant.
(2)
The Zoning Board of Appeals shall set a reasonable
time after receipt of a complete application for the hearing of appeals.
(3)
The Secretary of the Zoning Board of Appeals shall
refer all applications for use variances to the Planning Board for
a report prior to the public hearing. If the Planning Board does not
report within 30 days of such referral, the Zoning Board of Appeals
may take action without the Planning Board's report.
(4)
At least five days prior to the date of the hearing
of appeals, the Zoning Board of Appeals shall give public notice by
causing the publication of a notice of such hearing in the official
newspaper and by mailing a notice thereof to the Planning Board and
by certified mail to all property owners within 200 feet of the property
upon which the appeal is taken. The cost of publishing and mailing
such notices shall be borne by the appellant.
(5)
If the application is for a use variance on property
located within 500 feet of the boundary of an adjacent municipality,
notice of the hearing shall be sent to the clerk of the adjacent municipality
by mail or electronic transmission at least 10 days prior to such
hearing, and such adjacent municipality may appear and be heard.
(6)
The clerk of the board and the Code Enforcement Officer shall comply with the supplemental notice requirements in § 220-59.1, and the costs shall be borne by the applicant.
(7)
At the hearing, any party may appear in person or
by agent or by attorney.
(8)
The Zoning Board of Appeals may adjourn the hearing for a reasonable period in order to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in the appeal. If the hearing is adjourned for more than 30 days, the Board may require that it be re-noticed as provided in Subsection G(4) above.
H.
Action. The Zoning Board of Appeals may, in conformity
with the provisions of this chapter, reverse, affirm, or modify, wholly
or in part, the order, requirement, decision, interpretation or determination
of the administrative official in accordance with the provisions of
this chapter.
(1)
Any such action shall be decided within 62 days after
the close of the hearing.
(2)
Every decision of the Zoning Board of Appeals shall
be approved by vote of a majority of the members by resolution which
contains a full record of the findings and rationale for the decision.
If the Zoning Board of Appeals acts contrary to the recommendations
of the Town Planning Board or the County Planning Board, it shall
give written reasons for such action.
I.
Filing. Every order, requirement, decision, interpretation,
or determination of the Zoning Board of Appeals shall be filed in
the office of the Town Clerk within five business days after the decision
is rendered, and shall be a public record. A copy thereof shall be
placed in the permanent file of the property and shall also be mailed
to the appellant within the same five-day period.
J.
Court review of Board decisions. Any person or persons,
jointly or severally aggrieved by any decision of the Zoning Board
of Appeals, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules and § 267-c
of the Town Law.
K.
Expiration of appeal decision. Unless otherwise specified
by the Zoning Board of Appeals, a decision on any appeal shall expire
if the appellant fails to obtain any necessary building permit within
12 months of the date of such decision.
L.
Stay of proceedings. An appeal shall stay all proceedings
in furtherance of the action appealed from unless the Building Inspector
certifies for the Zoning Board of Appeals, after the notice of appeal
has been filed, that such a stay of proceedings would, in the Building
Inspector's opinion, cause imminent peril to life or property by reason
of facts stated in the certificate. In such a case, proceedings shall
not be stayed except by a restraining order granted by the Zoning
Board of Appeals or by the Supreme Court on application, on notice
to the Building Inspector for due cause shown.
A.
For any application or petition (collectively "application") received for a zone change, zoning variance, special permit, subdivision approval or site plan approval, whether before the Town Board, Planning Board or Zoning Board of Appeals, the clerk of the board in receipt of such application shall implement procedures to accomplish the notice requirements contained in this § 220-59.1. Where this section refers to distance, such distance is measured from the property boundary of the parcel which is the subject of the application.
(1)
Notice of application. Upon receipt of an application,
the clerk of the board shall make provision to notify certain property
owners, as set forth herein, by providing written notice of the application
to be delivered via first class mail with notice to be posted within
seven days of the board's receipt of the application. Such notices
shall be sent to the last known address of the property owner as shown
by the most recent Town tax records. If the subject property lies
within 500 feet of the boundary of any other municipality, the clerk
shall notify the Municipal Clerk of such other municipality of the
application in the manner set forth in this subsection. The property
owners to be notified are:
(a)
Special permit: properties within 500 feet;
(b)
Use variance: properties within 500 feet;
(c)
Area variance: adjacent and abutting properties;
(d)
Subdivision approval (major): properties within
500 feet;
(e)
Subdivision approval (minor): properties within
250 feet;
(f)
Zoning Map amendments: properties within 500
feet; and
(g)
Site plans: properties within 500 feet.
(2)
Notice of public hearing.
(a)
Upon the scheduling of a public hearing by a
board, the clerk of the board shall make provision to notify certain
property owners, as set forth herein, by providing written notice
of the public hearing to be delivered via first class mail with posting
of the notice to be completed at least 10 days prior to the public
hearing. Such notices shall be sent to the last known address of the
property owner as shown by the most recent Town tax records. If the
subject property lies within 500 feet of the boundary of any other
municipality, the clerk shall notify the municipal clerk of such other
municipality of the application in the manner set forth in this subsection.
The property owners to be notified are:
[1]
Special permit: properties within
500 feet;
[2]
Use variance: properties within
500 feet;
[3]
Area variance: adjacent and abutting
properties;
[4]
Subdivision approval (major): properties
within 500 feet;
[5]
Subdivision approval (minor): properties
within 250 feet;
[6]
Zoning Map amendments: properties
within 500 feet; and
[7]
Site plans: properties within 500
feet.
(b)
In addition, notice of such public hearing shall
be published in a newspaper of general circulation in the Town at
least 10 days prior to such hearing. Such notice shall also be displayed
on the Town signboard maintained by the Town Clerk at least 10 days
before the hearing.
(3)
Posting of property subject to public hearing.
Notice of the public hearing shall also be given by conspicuously
posting signs on the subject premises which state the time, day and
location of the hearing and a brief description of the approval sought.
There shall be posted a minimum of two such signs on each subject
parcel along the public roadway thereof. Such signs shall be of a
form as determined by the Code Enforcement Officer. It is the responsibility
of the Code Enforcement Officer to post such signs for at least 10
days prior to the public hearing and to take all steps necessary to
ensure that the sign remain legible.
B.
The Town may elect to combine the notice of the application
and the notice of a public hearing into one mailing where the minimum
timeframes can be met.
C.
The Town may elect to combine the notices provided
for in this section with any notices required under the State Environmental
Quality Review Act.
D.
The costs of all mailings, publications and signs
shall be borne by the applicant. The applicant shall provide as part
of its application two sets of envelopes, with appropriate postage
affixed, with a return address for the Town of Gardiner displayed,
along with a master list of the addresses.
E.
Provided that there shall have been substantial compliance
with these provisions, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by a board
in the granting or denying any application. Nothing contained in this
chapter shall be construed to confer standing or any other rights
in any proceeding commenced to challenge any action of the Town.
F.
Nothing herein shall supersede any other notice or
referral requirement contained in any state or other law. In the event
of conflicting requirements, the earlier notification requirement
shall control.
G.
Any proposed zoning amendment introduced by the Town
Board and of Town-wide or district-wide effect shall not be subject
to this section except for the required publication of notice and
the required notice to adjacent municipalities. However, nothing in
this chapter shall prohibit the Town Board from determining on a case-by-case
basis to provide additional notice of any such zoning amendment.
