It shall be the duty and responsibility of the
Town Clerk to provide notice to the public and news media as provided
in this article.
[Amended 6-1-1999 by L.L. No. 5-1999; 5-17-2022 by L.L. No. 4-2022]
Notice shall be given as provided in this article
of meetings at which public business shall be officially transacted,
held by the Town Board, the Zoning Board of Appeals, the Planning
Board, the Board of Assessment Review, the Conservation Advisory Council
or the Conservation Easement Review Board of the Town of Guilderland.
Notice shall not be required to be given of any executive session
held in accordance with the provisions of § 105 of the Public
Officers Law.
[Amended 6-1-1999 by L.L. No. 5-1999; 5-17-2022 by L.L. No. 4-2022]
A. Form of notice. Notice to the public shall be in writing and shall
be posted on the bulletin board maintained by the Town Clerk at the
Guilderland Town Hall. The notice, including supplemental notice,
shall include the name of the board or public body holding the meeting,
the name of the applicant(s), the address and tax map number of the
subject parcel(s), a brief description of the purpose of the hearing,
and the date, time and place of the hearing.
B. News media to receive notice.
(1) The name, address, phone number, facsimile number, and email address
of the Town's official newspaper(s) shall be on file in the office
of the Town Clerk.
(2) Time of notice. Notice of meetings scheduled at least one week in
advance shall be given to an official newspaper of the Town not less
than 72 hours' prior to the meeting. Where a meeting is scheduled
less than one week in advance, public notice shall be posted as soon
as practicable and notice to an official newspaper of the Town shall
be delivered by telephone, facsimile, email or personally in the manner
hereinafter provided. Wherever notice is given to an official newspaper
of the Town by mail, such notice shall be mailed not less than six
days' prior to the meeting to allow delivery thereof at least
72 hours in advance of the meeting.
(3) Manner of delivery of notice. Notice to an official newspaper of the Town may be given by mail, as provided in Subsection
B(2) of this section, or by telephone, facsimile, email, or by personal delivery. Where notice is given by telephone, facsimile or email, the person making such telephone call or sending such facsimile or email shall obtain the name and title of the officer or employee to whom the notice is given and shall record such information, together with the time and date of the call, facsimile, or email. Where notice is given by personal delivery, the person delivering such notice shall obtain a receipt signed by an officer or employee of an official newspaper of the Town showing the title of the officer or employee receiving the same, together with the time and date thereof.
C. Persons to whom supplemental notice shall be mailed. The notice shall
be mailed at least 10 days or personally delivered at least five days
before the scheduled date of the public hearing to the following:
(1) For public hearings required for site plan approval, special use
permit, use variance, area variance for properties not in residential
districts, planned unit development, country hamlet, rezone, subdivision,
and other land use development activity applications, notice shall
be given to the owners of tax parcel lots, as determined by the Town
Assessor's most recent records, located within 750 feet of the
property boundary of the parcel(s) subject to the public hearing.
(2) For public hearings required for area variances for properties in
residential districts or elsewhere by law, notice shall be given to
the owners of tax parcel lots, as determined by the Town Assessor's
most recent records, located within 500 feet of the property boundary
of the parcel(s) subject to the public hearing.
(3) Any notice to the property owner of a multiple-dwelling unit shall
include a request that the property owner provide a copy of the notice
via email, tenant portal, or other means to tenants.
(4) If a notice under this section is not received or is undeliverable
by the Post Office, the failure to receive such mailed supplemental
notice shall not be grounds for challenging a determination made at
the meeting.
D. Persons to whom supplemental notice of a meeting shall be emailed.
The notice of a meeting shall be emailed at least seven days before
the scheduled date of the meeting to persons who have subscribed for
such notice on the Town website. The failure of an intended recipient
to receive such emailed supplemental notice shall not be grounds for
challenging a determination made at the meeting.
Regularly scheduled meetings held at specific
times and locations and on specific dates need not be separately noticed,
but may be noticed by a single notice given in accordance with the
provisions of this article.
Notice of a change in the time, date or location
of a scheduled meeting shall be given as soon as practicable in the
manner herein provided for the giving of notice of meetings.
[Amended 5-17-2022 by L.L. No. 4-2022]
The Town Clerk shall keep a log or other record in which there
shall be entered the following information relating to giving of public
notice under this article:
A. The date of posting of the public notice, the date or descriptive
schedule of the meeting or meetings for which notice was given and
the name and title of the person who posted the notice.
B. If notice is given to an official newspaper of the Town by mail or
email, the date of mailing or emailing of the same, the date or descriptive
schedule of the meeting or meetings for which the notice has been
mailed or emailed and the name and title of the person who mailed
or emailed such notice.
C. If notice to an official newspaper of the Town is given by personal
delivery, the time and date of delivery of the same, the date or descriptive
schedule of the meeting or meetings for which the notice was delivered,
the name and title of the officer or employee to whom it was delivered
and the name and title of the person who delivered the notice.
D. If notice to an official newspaper of the Town is given by telephone
or facsimile, the time and date of such telephone call or facsimile,
the date or descriptive schedule of the meeting or meetings for which
such notice is given, the name and title of the officer or employee
to whom it was given and the name and title of the person who gave
such notice.
E. If notice is mailed or personally delivered, the name and address
of persons notified, and the date and method of the notice.
F. A copy of the Town Clerk's log or record maintained under this
section shall be placed in the official file of the property that
was the subject of the notice.