The following shall apply to any application for which a public
hearing is held on an application pursuant to this chapter:
A. For any public hearing under this chapter the hearing on the application
shall be advertised at least once in a newspaper designated by the
Town Board for publication of legal notices at least five days before
such hearing is held or 14 days before a hearing held jointly on a
draft environmental impact statement (DEIS). All notices shall include
the name of the subdivision, the location of the land to be subdivided,
and the date, time, place and subject of the public hearing. Such
notice shall not be required for adjourned dates. In addition, the
applicant shall mail a copy of the public hearing notice, U.S. first
class certified mail, return receipt requested, to owners of neighboring
properties as follows:
(1) If the project site is located in the R-10 District, to all landowners
within 100 feet of the project site.
(2) If the project site is located in the R-40 or R-80 District, to all
landowners within 500 feet of the project site.
(3) If the project site is located in the Commercial, IOC or PRD District,
to all landowners within 100 feet of the project site.
B. Agricultural data statement. If any portion of the project is located
on property within an agricultural district containing a farm operation,
or on property with boundaries within 500 feet of a farm operation
located in an agricultural district, the application must include
an agricultural data statement containing the name and address of
the applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a tax map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
C. Referral to neighboring municipalities. Pursuant to General Municipal
Law § 239-nn, for a subdivision review under this section
involving property located within 500 feet of an adjacent municipality,
notice of any public hearing shall be given by mail or electronic
transmission to the clerk of the adjacent municipality not less than
10 days prior to the date of said hearing.