[HISTORY: Adopted by the Town Board of the Town of Gardiner by L.L.
No. 7-2005. Amendments noted where applicable.]
This chapter shall be known as "Notification Requirements for Applications
Relating to Certain Land Use Approvals."
A.
This chapter implements a procedure for applications
for certain land use approvals and zoning changes to the Town Board, Planning
Board and Zoning Board of Appeals to ensure that certain neighboring properties
are appropriately apprised of the fact that an application has been made and
the date of any public hearing on such application.
B.
The Town of Gardiner Town Board has determined that increased
opportunities for dialogue and public comment on certain land use applications
and requests for zoning changes will benefit the decision-making process by
providing additional information to the various hoards to consider in making
a decision on an application.
A.
For any application or petition (collectively "application")
received for a zone change, zoning variance, appeal of a decision of the Building
Inspector, special permit, subdivision approval, site plan approval, or junkyard
license, whether before the Town Board, Planning Board or Zoning Board of
Appeals, the Clerk of the hoard in receipt of such application shall implement
such procedures to accomplish the notice requirements contained herein. Where
this section refers to a distance, such distance is measured from the property
boundary of the parcel which is the subject of the application.
(1)
Notice of application. Upon receipt of an application,
the Clerk of the board shall make provision to notify certain property owners,
as set forth herein, by providing written notice of the application to be
delivered via first class mail, with such notice to be mailed within seven
days of the board's receipt of the application. Such notices shall be
sent to the last known address of the property owner as shown by the most
recent Town tax records, If the subject property lies within 500 feet of the
boundary of any other municipality, the Clerk shall notify the Municipal Clerk
of such other municipality of the application in the manner set forth in this
subsection. The property owners to be notified are:
(a)
Special permit: properties within 250 feet;
(b)
Use variance: properties within 500 feet;
(c)
Area variance: properties within 250 feet;
(d)
Subdivision approval (major): properties within 500 feet;
(e)
Subdivision approval (minor): properties within 250 feet;
(f)
Zoning changes: properties within 500 feet;
(g)
Appeals to the ZBA of any decision of the Building Inspector:
properties within 250 feet;
(h)
Site plans: properties within 250 feet; and
(i)
Junkyard licenses: properties within 500 feet.
(2)
Notice of public hearing.
(a)
Upon the scheduling of a public hearing by a board, the
Clerk of the board shall make provision to notify certain property owners,
as set forth herein, by providing written notice of the public hearing to
be delivered via first class mail, with mailing of the notice to be completed
at least five days prior to the public hearing, except for zoning changes,
which shall be mailed at least 10 days prior to the public hearing. Such notices
shall be sent to the last known address of the property owner as shown by
the most recent Town tax records. If the subject property lies within 500
feet of the boundary of any other municipality, the Clerk shall notify the
Municipal Clerk of such other municipality of the application in the manner
set forth in this subsection. The property owners to be notified are:
[1]
Special permit: properties within 250 feet;
[2]
Use variance: properties within 500 feet;
[3]
Area variance: properties within 250 feet;
[4]
Subdivision approval (major): properties within 500 feet;
[5]
Subdivision approval (minor): properties within 250 feet;
[6]
Zoning changes: properties within 500 feet;
[7]
Appeals to the ZBA of any decision of the Building Inspector:
properties within 250 feet;
[8]
Site plans: properties within 250 feet; and
[9]
Junkyard licenses: properties within 500 feet.
(b)
In addition, notice of such public hearing shall be published
in a newspaper of general circulation in the Town at least five days prior
to such hearing, except for zoning changes, which shall be published at least
10 days prior to the public hearing. Such notice shall also be displayed on
the Town signboard maintained by the Town Clerk at least five days before
the hearing, except for zoning changes, which shall be displayed at least
10 days prior to the public hearing.
(3)
Posting of property. Notice that the property is subject
to any of the above applications shall also be given by conspicuously posting
signs on the subject premises. There shall be posted a minimum of two such
signs on each subject parcel along the public roadway thereof. Such signs
shall be of a form as determined by the Code Enforcement Officer. It is the
responsibility of the applicant to post such signs within five days of the
submission of the application and to take all steps necessary to ensure that
the signs remain legible during the pendency of the application. Such signs
shall be removed within one week after the board makes a determination on
the application. The applicant shall be required to submit an affidavit of
posting to the Clerk of the board.
B.
The Clerk of the board may elect to combine the notice
of the application and the notice of a public hearing into one mailing where
the minimum time frames can be met.
C.
The Clerk of the board may elect to combine the notices
provided for in this chapter with any notices required under the State Environmental
Quality Review Act.
D.
The costs of all mailings, publications and signs shall
be borne by the applicant. The applicant shall provide as part of its application
two sets of envelopes, with a return address for the Town of Gardiner displayed,
along with a master list of the addressees to be notified and payment for
the required postage.
E.
Provided that there shall have been substantial compliance
with these provisions, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate an action taken by a board in the granting
or denying any application. Nothing contained in this chapter shall be construed
to confer standing or any other rights in any proceeding commenced to challenge
any action of the Town.
F.
Nothing herein shall supersede any other notice or referral
requirement contained in any state or other law. In the event of conflicting
requirements, the earlier notification requirement shall control.
G.
Any proposed zoning amendment introduced by the Town
Board and of Town-wide or district-wide effect shall not be subject to this
section except for the publication of notice, However, nothing in this chapter
shall prohibit the Town Board from determining on a case-by-case basis to
provide additional notice of any such zoning amendment.
