[HISTORY: Adopted by the Town Board of the
Town of Yorktown 4-18-1978 by L.L. No. 5-1978. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Notice to Interested Parties Law."
[1]
Editor's Note: The title of this chapter was
amended 3-18-2003 by L.L. No. 5-2003.
As used in this chapter, the following terms
shall have the meanings indicated:
A request for change of zone pursuant to § 300-206 of Code of the Town of Yorktown and Town Law § 265; a request for clustering development pursuant to Article XXV of Chapter 300, Zoning, of the Code of the Town of Yorktown and Town Law § 281; and a sale of Town-owned property pursuant to Town Law § 64, Subdivision 2, and a request for site plan development pursuant to Chapter 195, Land Development, and Town Law § 274-a.
[Amended 6-4-1991 by L.L. No. 20-1991]
The owner of the area of the land included in such proposed
action, or that immediately adjacent or of that directly opposite
thereto, without regard to any intervening rights-of-way, roads, highways
or easements and/or any other parties otherwise designated by the
Town Board.
If an interested party or a portion thereof
is determined to be: identical to the owners or a portion thereof
of the area of the land included in such proposed action; the Town
of Yorktown; an entity totally exempt from the payment of real estate
tax; or, if there is only one interested party, then such parcel with
full or partial identical ownership, owned by the Town of Yorktown,
exclusive of highways, owned by an entity which is totally exempt
from the payment of real estate tax or owned by such sole interested
party shall be deemed for the purpose of determining additional interested
parties as if it is also the land which is the subject of such proposed
action.
If an interested party is determined to be a
cooperative corporation or the owner of the common element of a condominium,
it shall not be necessary to provide notice to each owner of the cooperative
corporation or each owner of an undivided interest in the common element
of the condominium by reason of such ownership interest in the cooperative
corporation or common element; however, notice must also be given
to the managing agent for the condominium or cooperative and the Chairman
of the Board of Directors or Board of Managers of the condominium
or cooperative.
In the case of a rezoning, notice shall be given
as required by Town Law § 265.
[Amended 12-19-1989 by L.L. No. 27-1989; 8-3-1993 by L.L. No. 23-1993]
The duly constituted Town Board of the Town of Yorktown.
[Amended 4-2-1984 by L.L. No. 3-1984; 8-3-1993 by L.L. No. 23-1993; 7-18-2017 by L.L. No. 11-2017]
At the public hearing or appearance required
before the Town Board or at the public sale, the applicant or prospective
purchaser, or their agent or attorney, shall certify, as part of the
record, that written notice of the date, time and place of the hearing,
appearance or sale, and a brief statement describing the action under
consideration, on forms to be obtained from the Town Clerk, was sent
not less than 10 days prior to the date of such hearing or sale to
each interested party as herein defined. Each such written notice
shall be sent by the applicant or prospective purchaser, or their
agent or attorney by first class mail by the United States Post Office.
Prior to the public hearing, the applicant, prospective purchaser,
or their agent or attorney, shall submit a separate certificate of
mailing issued by the United States Post Office for each notice mailed,
together with a copy, certified by the applicant or his attorney as
true and correct, of the notices actually mailed. The applicant or
prospective purchaser, or their agent or attorney, shall also submit
an affidavit of mailing; a location map (such as a copy of the Tax
Map or its equivalent) sufficient to show the land included in the
action, such adjacent and opposite land; and a directory indexing
the mailing to the map. The same shall all be filed with the Town
Clerk and constitute part of the official file.
[Amended 4-20-1988 by L.L. No. 18-1988; 12-19-1989 by L.L. No. 27-1989; 7-18-2017 by L.L. No. 11-2017]
A.Â
It shall
be the responsibility of the applicant or prospective purchaser to
assure that each interested party has received the notice prescribed
herein. Accordingly, it shall be insufficient for an applicant or
prospective purchaser to rely solely on the tax rolls of the Town
of Yorktown for the purpose of sending notice to interested parties.
B.Â
The applicant
or prospective purchaser shall furnish to the Town Clerk proof of
service of the required notice. Proof of service may consist of the
following: United States Post Office return receipts showing delivery
to the owner and/or interested party; affidavit of service showing
personal delivery to the owner and/or interested party; affidavit
showing mailing of notice along with delivery of the notice to the
premises of an interested party; or certificate of mailing issued
by the United States Post Office for each notice mailed, together
with a copy, certified by the applicant or his attorney as true and
correct, of the notices actually mailed.
[Amended 12-19-1989 by L.L. No. 27-1989]
The failure to comply with this section shall
be deemed a jurisdictional defect requiring adjournment of the action
until compliance herewith is established or, in the event of continued
noncompliance, the action may be discontinued at the discretion of
the appropriate Board. In the event that any land within the area
aforementioned shall not have a listed owner, such fact shall be stated
in lieu of listing a name and address, and notice with respect to
such parties shall be deemed waived.
[Added 8-3-1993 by L.L. No. 23-1993]
The Planning Board and the Zoning Board shall
have the authority to require that in addition to notice required
by law, if any, notice be given for matters over which they have jurisdiction
to those persons determined as if such matters were an action before
the Town Board, including the authority to designate such additional
parties as such Board finds reasonably necessary to provide fair and
meaningful notice to the surrounding community which might reasonably
be affected by any proposed action of such Board.
[Added 3-18-2003 by L.L. No. 5-2003]
A.Â
Every applicant that submits an application to an
approval authority empowered to approve or deny said application must
post one or more notification signs on the property which is the subject
of said application within three days of acceptance of the application
by the approval authority and must maintain the posted sign(s) place
until the approval authority has rendered its final decision approving
or denying said application. The sign(s) shall be erected not more
than 10 feet from each boundary of the property that abuts a public
road and must be conspicuous to the public. The bottom edge of each
sign so erected shall be positioned no less than 14 inches and no
more than 36 inches above the ground. In the event that the subject
property abuts more than one road, additional signs will be posted
facing each road on which the property abuts. If the sign's visibility
is obscured by vegetation, the applicant must cut the vegetation to
a degree sufficient to maintain clear visibility of the sign from
the road. If the property does not abut a public road, one or more
signs shall be posted in locations that can readily be seen by the
public. Any sign erected under this provision must be removed within
10 days after the approval authority has rendered its final decision
approving or denying said application.
[Amended 9-20-2011 by L.L. No. 13-2011]
B.Â
In the event that an application shall be withdrawn
or become inactive, the applicant shall remove the sign(s) within
five business days of withdrawing the application or of receiving
notice from the approval authority that the application has been designated
inactive. For the purposes of this section any application which has
not appeared on the approval authority's agenda for six or more months
shall be designated inactive. The approval authority shall notify
the applicant in writing that the application has become inactive
and instruct the applicant to remove the sign(s) until such time as
the application shall be reactivated. Once the application is reactivated,
the sign(s) shall be posted within three days.
C.Â
The Town of Yorktown will supply the sign(s) and the
initial cost will be included in the application fee. The applicant
will be responsible for maintaining said sign(s) in good condition
so as to be visible to and readable by the public. The applicant shall
be responsible for replacing any sign(s) that are damaged, destroyed,
lost or stolen during the pendency of the application. A replacement
fee will be charged for each sign that needs to be replaced. The amount
of said replacement fee shall be determined from time-to-time by the
Town Building Inspector.
D.Â
Prior to the commencement of any public hearings or,
if no public hearings are required, prior to the rendering of any
decision disposing of any application, the applicant shall submit
a sworn certification on a form provided by the Town, together with
legible photographic evidence, to verify the placement and maintenance
of the required notice signs. If the certification is not timely submitted,
any scheduled public hearings shall be cancelled, subject to rescheduling,
and any dispositive action by the approval authority shall be deferred
until timely certification is submitted. In the event of repeated
or continued noncompliance with these sign posting and certification
requirements, the application may be dismissed at the discretion of
the approval authority.
