Town/Village of Harrison, NY Article XV Public Notice: Signs and Notification

[Added 7-15-1992]

§ 235-82 Public notice signs.

A. With respect to any application or petition listed in § 235-78 or any wetlands permit application as set forth in § 149-6 of the Freshwater Wetlands Protection Law of the Town of Harrison,[1] the applicant shall post a sign on the property referenced in such application on or before the seventh day following the applicant's submission of such application or petition. With respect to any variance application, the applicant shall post a sign on the property referenced in such application on or before the 15th day prior to the Zoning Board's scheduled hearing on the matter. Such sign shall be at least 30 x 20 inches in size, consist of sturdy and serviceable material containing a white background with black letters and be placed in a location plainly visible from the most commonly traveled street or highway upon which the property fronts, but in no case more than 20 feet back from the front lot line. Such sign shall be at least six feet above the ground and shall read as follows, in legible lettering at least two inches high:

"ON THIS SITE A (DESCRIBE ACTION SET FORTH IN APPLICATION OR PETITION) IS PROPOSED. THIS MATTER WILL BE DISCUSSED AT A (LIST BOARD) MEETING ON (GIVE DATE) AT (GIVE TIME) P.M. AT THE HARRISON MUNICIPAL BUILDING."

[1] Editor's Note: See Ch. 149, Freshwater Wetlands.

B. The applicant shall update such sign at least two weeks prior to every board meeting in which the applicant's matter will be heard. In the event that the applicant shall appear before more than one board, the sign shall be appropriately revised to reflect the time and place of each board's meeting. Prior to such meeting, the applicant shall also submit to the Secretary of the applicable board an affidavit certifying to the fact and date of said posting.

C. The signage requirement set forth in this § 235-82 shall be deemed to apply to the Town Board's hearing of any special exception use permit.

§ 235-83 Notification.

A. Any applicant which has submitted an application for any application or petition listed in § 235-78 or a wetlands permit application as set forth in § 149-6 of the Freshwater Wetlands Protection Law[1] of the Town of Harrison shall give adequate prior written notice to affected property owners (as hereinafter defined) by certified mail, return receipt requested, mailed not more than 15 days nor less than five days before the applicant's initial appearance on the application or petition submitted to the applicable board. The notice shall generally describe the application and state the date, time and place of the meeting when the application will be heard. For purposes herein, "affected property owners" shall be defined as owners of properties neighboring the subject property as listed in the latest filed assessment roll filed on September 15 of each year and in each district as follows:

(1) In the R-2.5, R-2, R-1, SB-0, SB-1, SB-35 and SB-100 Districts, property owners within 500 feet of any point of the subject property.

(2) In the R-1/2 and R-1/3 Districts, property owners within 300 feet of any point of the subject property.

(3) In all other districts, property owners within one 100 feet of any point of the subject property.

[1] Editor's Note: See Ch. 149, Freshwater Wetlands.

B. The applicant must send the aforesaid notice to the affected property owners prior to the board's initial hearing on an application or petition and again prior to appearing before such board, in the event that the applicant does not appear before such board at two consecutive regular monthly meetings or a scheduled public hearing. The applicant shall also submit to the Secretary of the applicable board an affidavit certifying to the fact and date of mailing of said notice.

C. The notice requirements set forth in this § 235-83 shall not be deemed to apply to the Town Board's hearing of any special exception use permit.

D. The notice requirements set forth in § 235-58F shall apply to the Zoning Board's hearing of any application before said board.

§ 235-84 Authority.

The provisions of this Article XV shall supersede any inconsistent provisions of the Subdivision Regulations (as defined in § 235-78) and shall become effective pursuant to § 264 of the Town Law.

§ 235-85 Severability.

If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.