[HISTORY: Adopted by the Town Board of the Town of Fishkill 4-15-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
Whenever a public hearing is held by a board of the Town of Fishkill, the procedures of this chapter shall apply.
Whenever a public hearing is required to be held or a board elects to hold a public hearing, no action shall be taken by the board before which the public hearing is to be held until such public hearing is concluded.
Before a public hearing is held by a board of the Town, notice of such hearing and of the substance of the application the hearing will address shall, except where a longer notice provision is required by law, be given by publication in the official newspaper of the Town at least 10 business days before the date of said hearing. In addition to such published notice, notice of such hearing and of the substance of the application the hearing will address shall be mailed, at least 10 business days before the date of said hearing, to the owners of all property abutting that held by the applicant and to all other owners within 500 feet, or such additional distance as may deem advisable by the board calling the hearing, from the exterior boundaries of the land involved in such application, as the names of such owners appear on the last completed assessment roll of the Town. Such notice shall be sent by first-class mail in envelopes which have been addressed and on which required first-class postage has been paid for and affixed by the applicant, to be mailed by an employee or officer of the Town who shall complete and file an affidavit of mailing with the board before which the public hearing will be held, listing each address to which the notice was sent.
In addition, the applicant shall post the property with a notice advising the public of the public hearing. When a property has more than 200 feet of road frontage or where the unique circumstances or configuration of the property warrant, in the judgment of the board calling the hearing, that more than one notice sign shall be posted, the board calling the hearing shall determine the number, size and placement of signs to be posted on the property. The posting of the notice or notices shall be accomplished in accordance with procedures established by the board calling the hearing. The postings will be placed on the property contemporaneously with the mailing but at least 10 business days before the public hearing. An affidavit of posting will be filed with the Clerk at least five days before the public hearing. If the public hearing is adjourned, the posted notice will be revised to reflect the adjourned date and shall be reposted within five days of the adjournment. An affidavit attesting to the change of the date for purposes of adjournment will be filed with the Clerk at least one day prior to the adjourned hearing date. An applicant shall not be deemed to have violated the requirement to maintain the notice if the notice is removed or destroyed by an unrelated party or natural force and replaced within a reasonable period of time. The notice required herein shall be removed within five days of the close of the public hearing. The Planning Board, Zoning Board and Town Board are each hereby authorized to develop and revise from time to time policies and procedures regarding the size of notice signs, the font size of the lettering appearing thereon, as well as the level of detail announced in the notice in order to best serve the needs of the board and the public.
Provided that due notice shall have been published as above set forth and that there shall have been substantial compliance with the remaining provisions of the preceding subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the board before which the public hearing is held.
Within 10 business days following acceptance of an application filed with the Planning Board, the applicant shall mail a letter by regular first-class mail prepared by the Planning Board or an authorized agent of the Planning Board to all property owners within 500 feet of the land involved in the application, as the names of such owners appear on the last completed assessment roll of the Town, notifying the property owners of the acceptance of that plan and application. The list of property owners shall be obtained by the applicant from the Town Assessor. The applicant shall thereafter submit a duly executed, notarized affidavit of mailing to the Planning Board. Further appearances before the Planning Board shall be prohibited until an affidavit meeting the requirements has been delivered.