[HISTORY: Adopted by the Town Board of the Town of Busti 8-4-1986 by L.L. No.
3-1986 (Art. 19-100 of the 1989 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 405.
The purpose of this chapter is to implement procedures for the
Town Supervisor, Planning Board, and Town Board to follow when evaluating
proposed "community residential facilities for the disabled" during
the forty-day response period given under § 41.34 of the
New York State Mental Hygiene Law.
When notice shall be given to any Town Officer of a proposed
"community residential facility for the disabled" pursuant to § 41.34
of the New York State Mental Hygiene Law, such official shall deliver
such proposal to the members of the Town's Planning Board within
72 hours of receipt.
The Planning Board shall consider the proposed facility in the context of Chapter 405, Zoning, of the Code of the Town of Busti and the New York State Mental Hygiene Law, Article 41, and shall make a recommendation to the Town Board on or before the 10th day after it receives notice of such proposal as to whether the proposal is consistent with the overall plan of the Town and the Mental Hygiene Law.
A.
The Town Board shall hold a public hearing regarding the proposed
facility on or before the 20th day after it receives a recommendation
from the Planning Board.
B.
Notice of such public hearing shall be published in the local newspaper
at least seven days before the public hearing is to be held.
C.
Following such hearing, the Town Board shall review all public comments
and the Planning Board's recommendation as to suitability of
the proposed location and acceptability of the proposed facility,
after which the Town Board shall render its decision and shall issue
its findings of fact and conclusions of law, approving the facility
on the proposed site, suggesting suitable alternative sites for the
proposed facility, or rejecting the proposed facility on the grounds
that it would result in an over-concentration of such facilities in
the Town, as provided for by § 41.34(c)(1)(C) of the New
York State Mental Hygiene Law.
A.
Such decision shall be forwarded to the agency sponsoring the proposed
facility and to the commissioner of the office of the department responsible
for the issuance of a license and operating certificate to the proposed
community residential facility within five days of rendering the same.
B.
If the Town Board shall fail to respond to the proposed facility
on or before the 40th day after a Town official first receives notice
of the proposal, the sponsoring agency may establish a community residence
at a site recommended in its notice.
