§ 85-85. Notice required.

A. 

The Town Board shall fix the time and place of a public hearing thereon and cause notice to be given in accordance with the provisions of § 264 of the Town Law. The applicant shall provide the following notice requirements: a notice containing the following information must be sent by either certified or registered mail, return receipt requested, to every property owner immediately adjacent and directly opposite thereto for a distance of 500 feet from the perimeter of the subject property. Additionally, such notice shall be mailed to the school district, fire and ambulance districts in which property is located and the Suffolk County Water Authority. Such notices shall be mailed within 10 days after the application has been filed with the Town Clerk and a second notice at least 10 days prior to the public hearing. Proof of such mailing shall be given to the Town Clerk at or prior to the public hearing. In the event that the applicant owns or has an interest in property contiguous to the subject property, such distance shall be measured from the perimeter of such contiguous property. For the purpose of this section, the word "owner" or "property owner" means the owner as shown on the current Brookhaven Town assessment roll. Said notice shall contain the following information:

(1) 

The current zoning and the proposed request to the Town Board.

(2) 

A metes and bounds description of the property which is the subject of the application.

(3) 

A statement as to which side of any street in the Town of Brookhaven the property is located on and the distance and direction from the nearest intersecting street. If the property is located at the intersection of two or more streets, the notice shall state on which corner the property affected by the application is located.

(4) 

A statement that a more detailed diagram of the property which is the subject of the application is on file at the office of the Town Clerk and may be examined during regular office hours and by any interested person.

(5) 

A statement that all persons interested in the proposal shall be notified of the date fixed by the Town Board for a public hearing in the matter, provided that they file a written request for such notice with the Town Clerk.

(6) 

A copy of the four-inch-by-four-inch diagram required by § 85-81A(6).

B. 

A poster to be obtained from the Town Clerk must be conspicuously posted every 200 feet along the entire length of each street frontage of the subject property at least 10 days prior to the date set for the public hearing before the Town Board.

(1) 

An affidavit of posting shall be submitted to the Town Clerk by the applicant on or before the date set for the public hearing.

(2) 

Said poster must remain in place until the public hearing has been completed and must be removed no later than seven days thereafter. The applicant or applicant's agent shall verify that said poster is still in place on a daily basis and shall promptly replace said poster should it be removed or defaced.

(3) 

The Town Clerk may set a fee to cover the cost of said poster.

C. 

The notice of public hearing before the Town Board published by the Town Clerk shall contain the following:

(1) 

The name of the applicant.

(2) 

The existing zoning and the proposal before the Town Board.

(3) 

A statement that a public hearing on the proposal will be held at a specified time, date and place.

(4) 

A metes and bounds description of the subject property.

(5) 

The distance and direction of the subject property from the nearest intersecting street or, if said property is located at an intersection, the corner on which said property is located.

(6) 

The school district in which the subject property is located.

(7) 

The four-inch-by-four-inch diagram required by § 85-81A(6).

(8) 

A statement that a more detailed diagram of the subject property is on file at the office of the Town Clerk and may be examined during regular office hours by any interested person.

(9) 

A statement that any interested person will be given the opportunity to be heard at the public hearing.

D. 

Renotification required. In the event that the public hearing is to be held more than one year after the date of submission of the application, the applicant shall submit a new list of the names and addresses of all owners of property as shown on the current Brookhaven Town assessment roll within 500 feet of the perimeter of the property and shall notify the same as described in Subsection B above.