Zoning Notification Amendment
Draft v.6 Â Â Â February 2, 2005Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Article IX
Zoning Law ofTHE TOWN OF GARDINER
Town of Gardiner
Local Law No. Â Â Â Â Â Â Â Â of the year 2005
A Local Law to amend the “Zoning Law and Subdivision Law of the Town of Gardiner, New Yorkâ€� TO PROVIDE FOR NOTICE OF APPLICATIONS, NOTICE OF PUBLIC HEARINGS AND POSTING OF PROPERTY SUBJECT TO AN APPLICATION FOR AN APPROVAL. Â
Be it enacted by the Town Board of the Town of Gardiner as Follows:
SECTION 1 TITLE
This local law shall be known as “A Law Amending Article IX of the Zoning Law of the Town of Gardiner by adding a new section 220-65a entitled "Notice Requirements".�
SECTION 2 AUTHORITY
This Local Law is enacted pursuant to the authority of Municipal Home Rule Law Section 10 and in accordance with the Zoning Law of the Town of Gardiner, New York - Article XI entitled “Amendments.�
SECTION 3 PURPOSE AND FINDINGS
A. Â Â Â Â Â The Town Board desires to implement a procedure for applications for land use approvals and zoning changes to the Town Board, Planning Board and Zoning Board of Appeals to ensure that neighboring property owners are appropriately apprised of the fact that an application has been made for a land use approval or zoning change and that thereafter the neighboring property owners and the public are made aware of the date of any public hearing scheduled for such an application.
B. Â Â Â Â Â This law is an effort to increase opportunities for dialog in the land use process; The Town Board believes that the land use approval process will benefit from the receipt of public comment on land use applications and zoning changes and that public comment will provide additional information to the various boards to consider in making a decision on an application.
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C.      Accordingly, the Town Board finds that the implementation of additional notice
and posting requirements are in the best interest of the health, safety and welfare of the residents of the Town of Gardiner.
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SECTION 4
220-65a. Notice Requirements
A.      For any application or petition (collectively “application�) received for a zone change, zoning variance, special permit, subdivision approval or site plan approval, whether before the Town Board, Planning Board or Zoning Board of Appeals, the clerk of the board in receipt of such application shall implement such procedures to accomplish the notice requirements contained herein.  Where this section refers to distance, such distance is measured from the property boundary of the parcel which is the subject of the application.
(1) Â 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 notice to be posted within seven days of the board's receipt of the application. Â Such notices shall be sent to the last known address of the property owner as shown by the most recent Town tax records. Â If the subject property lies within five hundred (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 paragraph. Â The property owners to be notified are:
(a)     Special Permit - properties within 500 feet; (b)     Use Variance - properties within 500 feet; (c)     Area Variance - adjacent and abutting properties; (d)     Subdivision Approval (Major) - properties within 500 feet; (e)     Subdivision Approval (Minor) - properties within 250 feet; (f)     Zoning Changes – properties within 500 feet; and (g)     Site Plans – properties within 500 feet.
(2) Â Notice of Public Hearing - 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 posting of the notice to be completed at least 10 days prior to the public hearing. Â Such notices shall be sent to the last known address of the property owner as shown by the most recent Town tax records. Â If the subject property lies within five hundred (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 paragraph. Â The property owners to be notified are: Â Â
(a)     Special Permit - properties within 500 feet; (b)     Use Variance - properties within 500 feet; (c)     Area Variance - adjacent and abutting properties; (d)     Subdivision Approval (Major) - properties within 500 feet; (e)     Subdivision Approval (Minor) - properties within 250 feet; (f)     Zoning Changes – properties within 500 feet; and (g)     Site Plans – properties within 500 feet.
In addition, notice of such public hearing shall be published in a newspaper of general circulation in the Town at least ten days prior to such hearing. Â Such notice shall also be displayed on the town signboard maintained by the Town Clerk at least 10 days before the hearing.
(3) Â Posting of Property Subject to Public Hearing - Notice of the public hearing shall also be given by conspicuously posting signs on the subject premises which state the time, day and location of the hearing and a brief description of the approval sought. Â There shall be posted a minimum of two such signs on each subject parcel along the public roadway thereof. Â Such signs shall be of a form as determined by the Code Enforcement Officer. Â It is the responsibility of the Code Enforcement Officer to post such signs for at least ten (10) days prior to the public hearing and to take all steps necessary to ensure that the sign remain legible.
B. Â Â Â Â Â The Town may elect to combine the notice of the application and the notice of a public hearing into one mailing where the minimum timeframes can be met.
C. Â Â Â Â Â The Town may elect to combine the notices provided for in this section with any notices required under the State Environmental Quality Review Act.
D. Â Â Â Â Â The costs of all mailings, publications and signs shall be borne by the applicant. Â The Applicant shall provide as part of its application two sets of envelopes, with appropriate postage affixed, with a return address for the Town of Gardiner displayed, along with a master list of the addresses.
E. Â Â Â Â Â 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. Â Nothing contained in this law shall be construed to confer standing or any other rights in any proceeding commenced to challenge any action of the Town.
F. Â Â Â Â Â Nothing herein shall supersede any other notice or referral requirement contained in any state or other law. Â In the event of conflicting requirements, the earlier notification requirement shall control.
G. Â Â Â Â Â 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. Â However, nothing in this law shall prohibit the Town Board from determining on a case-by-case basis to provide additional notice of any such zoning amendment.
SECTION 5 OTHER AMENDMENTS
A. Â Â Â Â Â Section 220-22(A)(8) is deleted and replaced with:
Names and mailing addresses of all property owners with 500 feet of the property boundary along with two sets of envelopes, addressed to the owners, as certified mail, return-receipt requested.
B. Â Â Â Â Â Section 220-22(D) is deleted and replaced with:
Referrals; notice of hearing. Â Applications shall be referred when required by law to the Ulster County Planning Board for review pursuant to the General Municipal Law at least 30 days prior to the required public hearing. Â Notice of the application and any public hearing shall be provided in accordance with section 220-65a. Â In the case of any special permit application pertaining to real property within a distance of 500 feet of the boundaries of any town or village, or state or county road, park or other state-owned facility, notice of such hearing shall be mailed to the Clerk of such town or village, and to the Clerk of the County Legislature not less than 10 days prior to such hearing. Â Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken in connection with the grant or denial of any special permit.
C. Â Â Â Â Â Section 220-60(D) is deleted and replaced with:
Hearing on appeal. Â The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof in accordance with section 220-65a. Â
D. Â Â Â Â Â Section 220-61(B)(2) is deleted and replaced with:
Notice of the application and any public hearing shall be given in accordance with section 220-65a. Â
E. Â Â Â Â Â Section 220-74(B)(1) is deleted and replaced with:
Notice of the application and any public hearing shall be given in accordance with section 220-65a. Â
F. Â Â Â Â Â Section 188-13A(5)(b)
Public hearing; notice, length. Â The hearing on the preliminary plat shall be noticed in accordance with section 220-65a if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. Â The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Â The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
G. Â Â Â Â Â Section 188-14C(4)(a)[2]
Public hearing; notice, length. Â The hearing on the final plat shall be noticed in accordance with section 220-65a if not hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. Â Â The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. Â The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
H. Â Â Â Â Â Section 188-14C(4)(b)[2]
Public hearing; notice, length. Â Â The hearing on the final plat shall noticed in accordance with section 220-65a if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. Â The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. Â The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
SECTION 6 VALIDITY
If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudicated invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Gardiner hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Â
SECTION 7 REPEAL
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All ordinances, local laws and parts thereof that are inconsistent with this Local Law are hereby repealed.
SECTION Â 8 EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
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