N.Y. Comp. Codes R. & Regs. tit. 9 § 580.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 580.4 - Notice of public hearing

(a) Contents. The notice of public hearing shall include:

(1) the time and place of the hearing;

(2) the authority pursuant to which the hearing is held;

(3) the name of the project sponsor;

(4) a brief description of the location, nature and scope of the project;

(5) if the project requires a variance from the shoreline restrictions of section 806 of the Adirondack Park Agency Act or of Part 577 of this Title, the type and degree of variance required;

(6) unless the agency has limited the issues to be considered pursuant to section 580.3 of this Part, the major issues likely to be considered at the hearing;

(7) a statement that the application and supporting materials are available for public inspection pursuant to Part 587 of this Title;

(8) a statement that any person may speak or submit a written statement; and

(9) a statement that any person (other than those listed in this subdivision and subdivision [b] of this section) who desires to become a party to the hearing in order to present evidence and cross-examine witnesses must comply with the procedures set forth in section 580.7 of this Part.

(b) To whom sent. Notice of public hearing shall be given:

(1) by sending a copy of the notice, by certified mail, to the project sponsor;

(2) by sending a copy of the notice, by certified mail, to each owner of record of the land involved;

(3) by sending a copy of the notice, by mail, to:

(i) the Adirondack Park local government review board;

(ii) the chairman of the county, town or village planning board or agency, if any; the clerk of the county, town or village; the supervisor of the town and, if applicable, the mayor of the village, wherein the project is proposed to be located;

(iii) the chairman of the appropriate regional planning board;

(iv) any landowners within 500 feet of any border of the property (to the extent reasonably discernible from the latest completed tax assessment roll);

(v) the clerk of any town or village within 500 feet of the land involved;

(4) by publication of a copy of the notice, at least once, in a newspaper having general circulation in the area;

(5) by conspicuous posting, on the land involved, of a notice of the time, date, place of the hearing;

(6) by sending a copy of the notice by mail to the environmental notice bulletin for publication therein, and to any person or State agency which has previously filed with the agency, in January of the current year, a written request for individual notice of the particular hearing, or of hearings on particular types of projects, or those to be located in particular places or types of places, in accordance with the terms of the request; and

(7) by sending a copy of the notice by mail to any person upon request and to such other persons as the agency determines.

(c) The notices referred to in paragraphs (b)(1), (2), (3) and (6) of this section shall be mailed at least 15 days in advance of the hearing. The publication and posting requirements of paragraphs (b)(4) and (5) shall be complied with at least 10 days in advance of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 580.4