Village of Rye Brook, NY Article IX Public Notification

[Added 1-14-2003 by L.L. No. 2-2003]

§ 250-40 Notification requirements.

In order to provide adequate notice to neighboring property owners and others affected by land development applications within the Village of Rye Brook, the following requirements shall apply:

A. Public notice signs.

[Amended 3-14-2006 by L.L. No. 4-2006]

(1) The applicant shall post a sign on the subject property no later than:

(a) Seven days prior to the initial and any continued public hearing by the Board of Trustees on the matter.

(b) Seven days prior to the initial and any continued meeting or public hearing by the Planning Board on the matter.

(c) Seven days prior to the initial and any continued public hearing by the Zoning Board of Appeals on the matter. For purposes of this section, all meetings of the Zoning Board of Appeals shall constitute public hearings.

(2) Such sign shall be at least three feet by four feet in size, consist of sturdy and serviceable material containing a white background with black letters and be placed in a location visible from the most commonly traveled street or highway upon which the property fronts, or in the case of a corner lot on both streets, but in no case more than 20 feet back from the front lot line. Such sign shall read as follows, in legible lettering with the heading at least five inches in height and the content at least two inches in height:

(3) In the event that the applicant shall appear before more than one board, the sign shall be appropriately revised to reflect the time and place of each board's meeting. Prior to such meeting or hearing, the applicant shall also submit to the secretary of the applicable board an affidavit certifying to the fact and date of said posting.

(4) The applicant shall remove the notification sign within five days of the adoption of any resolution concerning the application.

B. Mail notification.

[Amended 7-12-2005 by L.L. No. 12-2005; 3-14-2006 by L.L. No. 4-2006; 10-26-2010 by L.L. No. 11-2010]

(1) The applicant shall give written notice to the owner of each property within the notification area defined in § 250-40B(2), Such mailing shall be sent to the address of the property located in the notification area in Rye Brook. Notice hereunder shall be given by prepaid first class mail, mailed at least 10 days prior to the initial public hearing in which the applicant's matter will be heard. Hearings subject to these notification requirements include public hearings, before the Board of Trustees, Planning Board and Zoning Board of Appeals.

(2) The notification area shall be defined as a radius line measured 250 feet from the property lines of the subject property, unless modified in accordance with Subsection G of this section.

(3) An area map shall be prepared depicting the site and surrounding properties, the notification area, and the tax lots for each lot wholly or partially within the notification area.

(4) A public notification list shall be prepared showing the Tax Map section, block and lot number, owner's name and Rye Brook mailing address for each property located wholly or partially within the specified notification area.

(5) Notification shall consist of a description of the location of the property, the proposed action, the permits applied for, and the date and time of the hearing.

(6) On the Thursday prior to such hearing, the applicant shall submit to the staff liaison of the applicable board an affidavit certifying to the fact and date of said first class mailing. Such affidavit shall attach the area map, public notification list, and one sample of the material included in the mailing.

(7) The mail notification requirements set forth in § 250-40B shall be applicable only to the initial hearing in which the applicant's matter will be heard. In the event that an initial public hearing is scheduled and noticed for an application and the applicant fails to return to the reviewing Board within 120 days after the date of such public hearing, the applicant shall be subject to the mail notification requirements for an initial public hearing as set forth in § 250-40B above for the matter to be heard again. In all other cases, notification of subsequent hearings involving the same matter before the same board, shall be made in compliance with the notification requirements in § 250-40A, C, D, E, F and G. An application before a different board shall be noticed in compliance with the mail notification requirements in § 250-40B as well as the notification requirements in § 250-40A, C, D, E, F and G.

C. Newspaper publication. The Village of Rye Brook shall be responsible for placing a notification in the official Village newspaper no less than five and no more than 15 days prior to the public hearing in which the subject property is discussed.

[Amended 12-13-2005 by L.L. No. 23-2005]

D. Adjoining municipalities. If the land involved in any application lies within 500 feet of the boundary of any other municipality, the Village Clerk shall mail a copy of the notice of the public hearing along with supporting material describing the substance of the application to the Municipal Clerk of such adjoining municipality at least 10 calendar days prior to the public hearing.

E. County notification. If the proposed application affects the interest of the County in accordance with Section 277.61 of the Westchester County Administrative Code and § 239-m of the General Municipal Law, the Village Clerk shall mail a copy of the notice of the public hearing and a copy of the proposed application with supporting material describing the substance of the application to the County Planning Board, at least 10 calendar days prior to the public hearing and at least 30 calendar days prior to Village action.

F. Public hearings. No public hearing shall be conducted unless the notification requirements contained in this chapter have been met.

G. Modifications to notification requirements. The Village of Rye Brook Board of Trustees, Planning Board or Zoning Board of Appeals may modify or waive the notification requirements as described herein unless required elsewhere by county or state law.

[Amended 7-12-2005 by L.L. No. 12-2005]