[Added 4-11-2013 by L.L. No. 8-2013]
Pursuant to Town Law § 280-a, the Town Board may,
by resolution, establish open development areas, for which permits
may be issued for the erection of structures on parcels which are
accessed by right-of-way or easement, subject to such conditions and
limitations as may be prescribed by general or special rule of the
Planning Board.
A.
Notification.
(1)
Following submission of an application for a nonresidential
open development area related to a parcel located in a Single-Family
Residential or Multifamily Residential Zoning District, the applicant
shall provide written notice of the public hearing to all owners whose
properties are located partially or wholly within a five-hundred-foot
distance from the perimeter of the subject parcel(s) proposed for
an open development area.
(2)
Following submission of an application for a residential open
development area related to a parcel located in a Single-Family Residential
or Multifamily Residential Zoning District, the applicant shall provide
written notice of the public hearing to all owners whose properties
are located partially or wholly within a two-hundred-fifty-foot distance
from the perimeter of the subject parcel(s) proposed for an open development
area.
(3)
The notice of public hearing shall contain, at a minimum, the
name of the applicant, the subject parcel address, a brief description
of the proposed project, including number of units, and proposed commercial
square footage, as well as the date, time and place of the hearing.
Notices must also contain the following statement: "Landlords are
strongly encouraged to notify tenants of the contents of this notice."
(4)
The notice of public hearing must be mailed at least 10 days
or personally delivered at least five days before the scheduled date
of the public hearing. Notices may be personally delivered or sent
by regular mail. If a notice is undeliverable by the United States
Postal Service or delivery is refused by the addressee, no further
notification efforts for such addressee are required by the applicant.
(5)
The applicant must also place placards provided by the Town
on the subject parcel(s).
(6)
The applicant shall submit the following proof of notification
to the Planning and Economic Development Department at least two business
days prior to the scheduled date of the public hearing:
(a)
A copy of a portion of the Tax Map depicting the subject parcel(s) and all lands which are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-133A(1) and (2)] from the perimeter thereof.
(b)
A schedule of the names and addresses of the property owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-133A(1) and (2)] from the perimeter of the subject parcel(s).
(c)
A sworn affidavit of delivery and posting of notices demonstrating that written notice of the public hearing was provided to all owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-133A(1) and (2)] from the perimeter of the subject parcel(s). This affidavit shall list the addresses of owners to whom notice was mailed or personally delivered, and attach copies of all written notices and a map showing where placards were posted.
