The powers and duties of the Town Board shall
be exercised in accordance with the following procedure:
A. The Town Board shall not decide upon any special permit
without first holding a public hearing. Notice of said hearing and
of the substance of the application shall be given by publication
in the official newspaper of the Town at least 10 days before the
date of such hearing. In addition to such published notice, the Town
Board shall cause such notice to be mailed at least 10 days before
the hearing to all owners of property which lies within 500 feet of
any lot line of the property for which the special permit is sought
and to such other persons as the Town Board may deem advisable. The
names of said owners shall be taken as they appear on the last completed
assessment roll of the Town. Provided that due notice shall have been
published and there shall have been substantial compliance with the
remaining provisions of the section, the failure to give notice in
exact conformance herewith shall not be deemed to invalidate any action
taken by the Town Board in connection with the granting of such special
permit.
[Amended 12-15-2015 by L.L. No. 5-2015]
B. All applications made to the Town Board shall be in
writing on forms to be furnished by the Town Clerk and shall be accompanied
by a fee as set by resolution of the Town Board in the Fee Schedule.
[Amended 9-11-2007 by L.L. No. 8-2007]
C. Each application shall fully set forth the information
requested in such application, and the applicant shall provide such
additional information as the Town Board may from time to time require.
D. Should any application submitted involve a matter
set forth in § 239-m of the General Municipal Law of the
State of New York or Chapter 277, Section 277.61 or 277.71, of the
Westchester County Administrative Code, the Town Clerk shall transmit
a copy of the application and a copy of the notice of public hearing
to the affected municipality or board as required therein.
E. Every decision of the Town Board shall be by resolution which shall fully set forth the circumstances of the case and shall set forth a full record of the findings on which the decision is based. Notice of such decision shall be given to the applicant and to the Westchester County Planning Board and the affected municipalities where Subsection
D is applicable.