§ 103-91. Public notice and hearing.

A. 

Public hearing. No such change in text or zoning district boundary of this chapter shall become effective until after a public hearing is held in relation thereto at which the general public shall have an opportunity to be heard.

B. 

Newspaper notice of hearing. At least 10 days prior to the date of such public hearing, a notice of the time and place shall appear in a newspaper of general circulation in the town. Such notice shall describe the area, boundaries, regulations or requirements that such proposed change involves according to § 265 of the Town Law.

C. 

Notice of certain proposed zoning actions to be submitted to County Planning Board.

(1) 

Before the Town Board shall adopt or amend any zoning regulations or the Board of Appeals grant any variance, special extension or special permit, such applications shall be submitted for review by the Otsego County Planning Board pursuant to § 239-m of the General Municipal Law. Such submission for review shall be made whenever such aforementioned change affects real property lying within 500 feet of the following:

(a) 

Any town boundary;

(b) 

Any existing or proposed county or state park or recreation area;

(c) 

The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;

(d) 

The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

(e) 

The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.

(2) 

No final action upon such amendment, variance, special extension or special permit shall be taken until a recommendation shall have been received from the County Planning Board or until 30 days shall have elapsed from the County Planning Board's receipt of the submission.

(3) 

If the County Planning Board disapproves the proposal or recommends modification thereof, the Town Board or Board of Appeals or other agency having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.

(4) 

Within seven days after final action by the Town Board, Board of Appeals or other agency having jurisdiction, the same shall be reported to the County Planning Board.

D. 

Whenever a proposed amendment or change to this chapter affects real property lying within 500 feet of a Town boundary with any other municipality, at least 10 days prior to the date of the public hearing before the Town Board, written notice thereof shall be sent to the Clerk of said municipality. Such notice shall also be sent to the Clerk of the Otsego County Board of Representatives and shall be in addition to the requirements set forth in Subsection C above. Whenever such amendment affects real property lying within 500 feet of the boundary with Delaware County, notice shall also be sent to the Delaware County Board of Supervisors. Such municipality or county may appear and be heard at the public hearing but shall not have the right of review by a court.

E. 

At least 10 days prior to the date of the public hearing, the applicant shall serve notice of such hearing on all property owners within 200 feet of the subject area (including those within) of the date, time and place of the public hearing either by certified mail, return receipt requested, or by personal delivery evidenced by a receipt signed by such property owner.

[Added 8-9-1989; amended 2-13-2002 by L.L. No. 1-2002]