Colonie Town City Zoning Code
ARTICLE XXII
Open Development Areas
§ 190-132 Purpose.
Pursuant to Town Law § 280-a, the Town Board may, by resolution, establish open development areas, for which permits may be issued for the erection of structures on parcels which are accessed by right-of-way or easement, subject to such conditions and limitations as may be prescribed by general or special rule of the Planning Board.
§ 190-133 Requirements.
A.
Notification.
(1)
Following submission of an application for a nonresidential open development area related to a parcel located in a Single-Family Residential or Multifamily Residential Zoning District, 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 an open development area.
(2)
Following submission of an application for a residential open development area related to a parcel located in a Single-Family Residential or Multifamily Residential Zoning District, 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 an open development area.
(3)
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, and 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."
(4)
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.
(5)
The applicant must also place placards provided by the Town on the subject parcel(s).
(6)
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:
(a)
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 § 190-133A(1) and (2)] from the perimeter thereof.
(b)
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 § 190-133A(1) and (2)] from the perimeter of the subject parcel(s).
(c)
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 § 190-133A(1) and (2)] 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.