Town of Mamaroneck, NY Article II Notification of Certain Proceedings Pending Before Boards

§ 144-3 Property owners to be notified.

A. With an application, the applicant shall submit a list of the names of all the owners and the postal addresses of all of the lots which lie within the mailing area, as well as the tax block and lot designations of all such lots as they appear on the Town's Tax Assessment Map. On this list, the applicant shall certify that the Town's Tax Assessment Map (including its scale) was used to determine which lots lie within the mailing area, and that the Town's tax assessment roll was used to determine the postal addresses of the lots lying within the mailing area and the names of the owners of all those lots.

B. No later than 14 calendar days before the first date on which the application appears on the agenda of the Board, the applicant shall mail notice thereof (as well as such other material as the Town Board may require from time to time) to the owners of all of the lots lying within the mailing area. The form of that notice and the other material to be included in such mailing, if any, shall be prescribed by, and from time to time may be changed by, resolution of the Town Board. The Planning Board or the Board of Appeals from time to time may resolve that additional materials be included among the materials to be included in such mailing.

C. No later than five business days before the date on which the application appears on the agenda of the Board, the applicant shall file with the Town's Building Department a certificate of mailing issued by the United States Postal Service indicating that on or before the last date permitted for mailing under this chapter, the required materials were mailed by first class mail to the owners of all of the lots lying within the mailing area at the postal addresses shown for such lots on the Town's assessment roll. In the case of a petition requesting an amendment to a provision of Chapter 240 of the Code, the certificate of mailing shall be filed with the Town Clerk instead of the Building Department.

§ 144-4 Signs.

A. No later than 14 calendar days before the first date on which the application appears on the agenda of the Board, the applicant shall post a sign on the subject property announcing the date, time and place when the application will appear on the agenda of the Board for the first time. The color, material, size, content and wording of the sign shall be prescribed by, and from time to time may be changed by, resolution of the Town Board. The specifications for the sign shall be kept on file in the Town's Building Department. The posting of a sign shall not be required when an interpretation of a provision of Chapter 240 of the Code is being requested regarding a subject property not owned by the applicant.

B. The sign shall be placed on the subject property in a location where it will be clearly visible to a person standing in front of the subject property. It shall be no more than 10 feet back from the edge of the paved portion of the street abutting the subject property's front lot line.

C. If final action is not taken upon an application on the date shown on the sign, the sign shall be updated to show the next date, time and place when the application will appear on the agenda of the Board. The sign shall be updated no later than 14 calendar days before the date of the meeting when the application will next appear on the agenda of the Board.

§ 144-5 Placement or removal of application from Board agenda.

A. If the certificate of mailing is not filed on or before the last date permitted for such filing under § 144-3C or if the applicant does not comply with the provisions of § 144-4, the application will not be placed upon the agenda of the Board (or, if already placed upon the agenda, stricken therefrom). Notwithstanding the requirements of § 144-4, if the applicant places a sign at the time and in the manner required by § 144-4 but the sign does not stand for the entire period required, the Board, if satisfied that the sign had stood for a sufficient period of time and that the applicant had taken all reasonable steps to restore the sign once the applicant had become aware that the sign was not standing, may act upon the application if the applicant can demonstrate to the Board’s satisfaction that the failure to comply with § 144-4 was not the applicant’s fault. In order to process an application that either was not placed upon an agenda or, if placed, was stricken therefrom, the applicant must request the Building Inspector or the Director of Building Code Enforcement and Land Use Administration to place the application on the agenda of a future meeting of the Board. (In the case of a petition by the owner of the subject property for an amendment of a provision of Chapter 240 of the Code, that request shall be made of the Town Administrator.

[Amended 7-24-2013 by L.L. No. 4-2013; 1-20-2016 by L.L. No. 1-2016]

B. Once the date of the meeting at which the application will be discussed is determined, the applicant must repeat the procedures set forth in §§ 144-3B, 144-3C and 144-4 of the Code within the time periods allotted by those sections.

C. If more than six months pass from either the date of the meeting when the application was to have appeared on the agenda of the Board for the first time but did not or the date of the meeting of the Board from which the application was stricken, the applicant will be required to submit an updated list of the names of all of the owners and the postal addresses of all of the lots which lie within the mailing area.

§ 144-6 Agendas posted on Web site.

The agendas of each meeting of each of the Boards shall be posted on the Web site. The failure of an agenda to be posted on the Web site shall not be considered a failure to comply with the notification procedures of this chapter.

§ 144-7 Conformity with state law.

Nothing in this chapter shall be construed as altering the notice requirements mandated by New York State law.