Every applicant who submits an application to an approval authority empowered to approve or deny said application, for an action as such term is defined in § 110-59 of this Code shall post one or more notification signs on the property which is the subject of said application at least 14 days prior to any public hearing scheduled by the approval authority on the application and must maintain the posted sign(s) in place until the approval authority has closed the public hearing for said application. The sign(s) shall be erected not more than 10 feet from each boundary of the property that abuts a public road and must be conspicuous to the public. The bottom edge of each sign so erected shall be positioned no less than 14 inches and no more than 36 inches above the ground. In the event that the subject property abuts more than one road, additional signs will be posted facing each road on which the property abuts. The sign(s) shall be no less than four square feet and no more than five square feet in size. The sign(s) shall be placed to ensure clear and unobstructed visibility from the road. If the property does not abut a public road, one or more signs shall be posted in locations that can readily be seen by the public. If the property has 200 linear feet or more of frontage on any street then signs shall be placed along the property so that there is one sign per 100 linear feet of frontage. Any sign erected under this provision must be removed within 10 days after the public hearing is closed for said application. If the applicant does not remove the posted sign(s) within 10 days, the Village may remove the posted sign(s) at the expense of the applicant.

In the event that an application shall be withdrawn or become inactive, the applicant shall remove the sign(s) within five business days of withdrawing the application or of receiving notice from the approval authority that the application has been designated inactive. For the purposes of this section any application which has not appeared on the approval authority's agenda for six or more months shall be designated inactive. The approval authority shall notify the applicant in writing that the application has become inactive and instruct the applicant to remove the sign(s) until such time as the application shall be reactivated. Once the application is reactivated, the sign(s) shall be posted at in accordance with Subsection A of this section.

The Village/Town of Mount Kisco will supply the sign(s) and the initial cost will be included in the application fee. The applicant will be responsible for maintaining said sign(s) in good condition so as to be visible to and readable by the public. The applicant shall be responsible for replacing any sign(s) that are damaged, destroyed, lost or stolen during the pendency of the application. A replacement fee will be charged for each sign that needs to be replaced. The amount of said replacement fee shall be determined from time-to-time by the Village Building Inspector.

Prior to the commencement of any public hearings or, if no public hearings are required, prior to the rendering of any decision disposing of any application, the applicant shall submit a sworn certification on a form provided by the Village, together with legible photographic evidence, to verify the placement and maintenance of the required notice signs. If the certification is not timely submitted, any scheduled public hearings shall be cancelled, subject to rescheduling, and any dispositive action by the approval authority shall be deferred until timely certification is submitted. In the event of repeated or continued noncompliance with these sign posting and certification requirements, the application may be dismissed at the discretion of the approval authority.

The failure to comply with this article shall be deemed a jurisdictional defect requiring adjournment of the action until compliance herewith is established or, in the event of continued noncompliance, the action may be discontinued at the discretion of the appropriate Board. In the event that any land within the area aforementioned shall not have a listed owner, such fact shall be stated in lieu of listing a name and address, and notice with respect to such parties shall be deemed waived.