[HISTORY: Adopted by the Town Board of the Town of Fishkill 4-15-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
[Amended 11-18-2020 by L.L. No. 4-2020]
A.
Whenever a public hearing is required to be held or a board elects
to hold a public hearing, no action shall be taken by the board before
which the public hearing is to be held until such public hearing is
concluded.
B.
Before a public hearing is held by a board of the Town, notice of
such hearing and of the substance of the application the hearing will
address shall, except where a longer notice provision is required
by law, be given by publication in the official newspaper of the Town
at least seven business days before the date of said hearing. In addition
to such published notice, notice of such hearing and of the substance
of the application the hearing will address shall be mailed, at least
10 business days before the date of said hearing, to the owners of
all property abutting that held by the applicant and to all other
owners within 500 feet, or such additional distance as may deem advisable
by the board calling the hearing, from the exterior boundaries of
the land involved in such application, as the names of such owners
appear on the last completed assessment roll of the Town. Such notice
shall be sent by first class mail in envelopes which have been addressed
and on which required first class postage has been paid for and affixed
by the applicant, to be mailed by an employee or officer of the Town
who shall complete and file an affidavit of mailing with the board
before which the public hearing will be held, listing each address
to which the notice was sent.
[Amended 4-3-2019 by L.L.
No. 1-2019]
C.
In addition, the applicant shall post the property with a notice
advising the public of the public hearing. When a property has more
than 200 feet of road frontage or where the unique circumstances or
configuration of the property warrant, in the judgment of the board
calling the hearing, that more than one notice sign shall be posted,
the board calling the hearing shall determine the number, size and
placement of signs to be posted on the property. The posting of the
notice or notices shall be accomplished in accordance with procedures
established by the board calling the hearing. The postings will be
placed on the property contemporaneously with the mailing but at least
10 business days before the public hearing. An affidavit of posting
will be filed with the Clerk at least five days before the public
hearing. If the public hearing is adjourned, the posted notice will
be revised to reflect the adjourned date and shall be reposted within
five days of the adjournment. An affidavit attesting to the change
of the date for purposes of adjournment will be filed with the Clerk
at least one day prior to the adjourned hearing date. An applicant
shall not be deemed to have violated the requirement to maintain the
notice if the notice is removed or destroyed by an unrelated party
or natural force and replaced within a reasonable period of time.
The notice required herein shall be removed within five days of the
close of the public hearing. The Planning Board, Zoning Board and
Town Board are each hereby authorized to develop and revise from time
to time policies and procedures regarding the size of notice signs,
the font size of the lettering appearing thereon, as well as the level
of detail announced in the notice in order to best serve the needs
of the board and the public.
D.
Provided that due notice shall have been published as above set forth
and that there shall have been substantial compliance with the remaining
provisions of the preceding subsection, the failure to give notice
in exact conformance herewith shall not be deemed to invalidate action
taken by the board before which the public hearing is held.
Within 10 business days following acceptance of an application
filed with the Planning Board, the applicant shall mail a letter by
regular first-class mail prepared by the Planning Board or an authorized
agent of the Planning Board to all property owners within 500 feet
of the land involved in the application, as the names of such owners
appear on the last completed assessment roll of the Town, notifying
the property owners of the acceptance of that plan and application.
The list of property owners shall be obtained by the applicant from
the Town Assessor. The applicant shall thereafter submit a duly executed,
notarized affidavit of mailing to the Planning Board. Further appearances
before the Planning Board shall be prohibited until an affidavit meeting
the requirements has been delivered.
[Added 11-18-2020 by L.L.
No. 4-2020]
A.
Within 10 business days following acceptance of a land use application
filed with the Town Board, the applicant shall mail a letter by regular
first-class mail prepared by the Town Board or an authorized agent
of the Town Board to all property owners within 500 feet of the land
involved in the application, as the names of such owners appear on
the last completed assessment roll of the Town, notifying the property
owners of the acceptance of that plan and application. The list of
property owners shall be obtained by the applicant from the Town Assessor.
The applicant shall thereafter submit a duly executed, notarized affidavit
of mailing to the Town Board. Further appearances before the Town
Board shall be prohibited until an affidavit meeting the requirements
has been delivered.
B.
For the purposes of this section a land use application shall include petitions to amend zoning provisions, petitions to establish or extend a water or sewer district, petitions to annex parcels or portions thereof into or out of the Town, and any application or petition to the Town Board under Chapter 150 of the Town Code.
C.
In the event that an application has Town-wide effect or affects
a large number of parcels, the Town Board may, by resolution, approve
a modification of the mailing requirements or otherwise determine
how notice shall be given.
