Town of Colonie, NY Amendments; Repealer

The Town Board may, from time to time, on its own motion, after public notice and hearing as prescribed by law, amend any portion of or this entire chapter.

(1)

Notification.

[Added 4-11-2013 by L.L. No. 8-2013]

(a)

Following submission of a request and application for rezoning of an acre or more of property located in a Single-Family Residential or Multifamily Residential Zoning District (other than a proposed Planned Development District pursuant to Article XIII), the applicant shall provide written notice of the public hearing to all owners whose properties are located partially or wholly within a five-hundred-foot distance from the perimeter of the subject parcel(s) proposed for rezoning.

(b)

Following submission of a request and application for rezoning of less than an acre of property located in a Single-Family Residential or Multifamily Residential Zoning District (other than a proposed planned development district pursuant to Article XIII), the applicant shall provide written notice of the public hearing to all owners whose properties are located partially or wholly within a two-hundred-fifty-foot distance from the perimeter of the subject parcel(s) proposed for rezoning.

(c)

The notice of public hearing shall contain, at a minimum, the name of the applicant, the subject parcel address, a brief description of the proposed project, including number of units, proposed commercial square footage, as well as the date, time and place of the hearing. Notices must also contain the following statement: "Landlords are strongly encouraged to notify tenants of the contents of this notice."

(d)

The notice of public hearing must be mailed at least 10 days or personally delivered at least five days before the scheduled date of the public hearing. Notices may be personally delivered or sent by regular mail. If a notice is undeliverable by the United States Postal Service or delivery is refused by the addressee, no further notification efforts for such addressee are required by the applicant.

(e)

The applicant must also place placards provided by the Town at various points on the subject parcel(s).

(f)

The applicant shall submit the following proof of notification to the Planning and Economic Development Department at least two business days prior to the scheduled date of the public hearing:

[1]

A copy of a portion of the Tax Map depicting the subject parcel(s) and all lands which are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-130A(1)(a) and (b)] from the perimeter thereof.

[2]

A schedule of the names and addresses of the property owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-130A(1)(a) and (b)] from the perimeter of the subject parcel(s).

[3]

A sworn affidavit of delivery and posting of notices demonstrating that written notice of the public hearing was provided to all owners whose parcels are located partially or wholly within a two-hundred-fifty- or five-hundred-foot distance [as set forth in § 190-130A(1)(a) and (b)] from the perimeter of the subject parcel(s). This affidavit shall list the addresses of owners to whom notice was mailed or personally delivered, and attach copies of all written notices and a map showing where placards were posted.

The Town Board is empowered to adopt such rules, regulations and/or procedures as may be deemed necessary in the interest of public health, safety and welfare to implement this chapter and any amendments thereto.

Any such rules, regulations and procedures adopted by the Town Board shall be filed in the office of the Town Clerk and made available for public inspection.