Town of New Paltz, NY Public Hearings

Whenever this chapter requires that the Town Board, Planning Board, Zoning Board of Appeals or the Historic Preservation Commission conduct a public hearing on a matter before it, notice of such public hearing shall be given in accordance with all applicable laws and regulations, including the following requirements:

Notice of public hearing and publication. The board shall set the date and time of the public hearing by resolution and direct the secretary of the board to prepare a notice of hearing, including, at minimum, the date, time and place of the hearing; the substance of the action or approval sought from such board, including any change in the nature of permitted uses or density that would result from adoption of a proposed zoning amendment; and the place where copies of the application and supporting documents may be examined by the public, and cause such notice to be:

(1)

Published in an official newspaper of the Town of New Paltz not less than five calendar days prior to the date of such hearing, unless SEQRA requires the notice to be published 14 days prior to the date of hearing;

(2)

Provided to the applicant, Planning Board, Zoning Board of Appeals, Historic Preservation Commission, Building Department and Town Board on or before the date of publication; and

(3)

Provided to any other municipal, county, regional, state or federal agency in the manner prescribed by applicable law.

Mailing to adjoining owners. In addition to such published notice, the applicant shall mail notice of the hearing, at least 10 calendar days prior to the date of the hearing, unless 14 days' notice is required by SEQRA, to the owners of all real property that is contiguous with the boundaries of the plot, piece or parcel of land to which the appeal or application applies and to all other owners of real property within 500 feet of such boundaries. The board conducting the hearing may also require that notice be mailed to owners, occupants or others within such additional distance as it deems reasonable and necessary under the circumstances. In the case of land subject to a declaration of condominium or homeowners' association, notice may be mailed to the office of the association.

Addresses of adjoining owners. The board holding the hearing shall request that the office of the Assessor of the Town promptly provide the applicant with a list of the names and addresses of the owners, as shown on the last completed assessment roll of the Town, to whom notice shall be mailed.

Mailing by applicant. Such notice shall be mailed by the applicant, at his or her sole cost and expense, by depositing a true copy of such notice in a post-paid, properly addressed envelope, in a post office or other official depository under the exclusive care and custody of the United States Postal Service within the State of New York. The applicant shall, at or prior to the date of the public hearing, file with the secretary of the board an affidavit of mailing, as proof of compliance with the foregoing notification procedure.

Continued hearings. When a hearing has been continued, the board holding the hearing may require that notice of a continued hearing date be remailed where circumstances warrant, such as a hearing date that has been repeatedly adjourned or adjourned to a future date such that those interested in the application would benefit from the additional notice, or the board receives plans with significant changes or new information bearing on the application.

Property signage for zoning amendments. In the case where an amendment of the Zoning Map or Zoning Law of the Town of New Paltz has been initiated by a property owner or applicant, at least 15 days prior to the initial hearing on such amendment the owner or applicant shall post a sign giving notice of the public hearing within 25 feet of each property line having frontage on a road or highway, including the road or highway providing access to the property, so that it is clearly visible to the public from such road or highway. The size of the sign and text shall be approved by the Town Board or such Town official as the Board may designate, and the notice shall include a statement that an application to change the zoning classification or regulations affecting the property has been made and such other information as the Town Board may require. The applicant shall submit a photograph and affidavit, or other satisfactory evidence, at the public hearing that the required signage was duly erected and maintained in good condition until the hearing, and shall ensure that the sign is maintained until after the hearing is closed or the application is withdrawn, whichever occurs first. It shall be a violation of this chapter for any person, except the applicant or duly authorized Town official, to remove, deface or tamper with duly erected signage during the period it is required by this section to be maintained.

Property signage for Planning Board and Zoning Board of Appeals hearings. The Planning Board and Zoning Board of Appeals shall require that signage be erected in accordance with the provisions above whenever a public hearing on a site plan, subdivision plan, special use permit or variance application is required, except that the board with jurisdiction over such hearing may waive the requirement that signage be erected when it finds that the benefit of notice would be disproportionate to the cost imposed on the applicant. In such case, a waiver shall be granted by a favorable vote of a majority of its members plus one, and the board shall set forth the basis on which it determined the waiver appropriate.

Substantial compliance. Provided that notice shall have been published as above set forth and that there shall have otherwise been substantial compliance by the applicant with the provisions above, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the board holding a public hearing in connection with any appeal or application.

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 article shall prohibit the Town Board from determining on a case-by-case basis to provide additional notice of any such zoning amendment.