§ 85-114. Public hearings.

A. 

Public hearings shall be required in connection with site plan review for the following:

(1) 

All applications involving a parking relaxation of greater than 10% or a relaxation of minimum landscape standards of greater than 10% or for any relaxation of buffer area;

(2) 

Any other application, as determined by the Commissioner of the Department of Planning, Environment and Land Management, that may result in significant adverse impacts to surrounding properties; or

(3) 

As otherwise provided by any other provision of this chapter.

B. 

The Planning Board shall fix a time within 45 days from the date an application for site plan or use approval is received by said Planning Board for the public hearing of any matter referred to it under this section.

C. 

The Planning Board shall give public notice of said public hearing by the publication in an official newspaper circulating in the Town of Brookhaven of such hearing 10 days prior to the date thereof. This ten-day publication requirement shall be required for all applications submitted on or after the effective date of this amendment.

D. 

The applicant shall cause notice of said public hearing to be sent by registered mail, return receipt requested, at least 10 days prior to the date of said public hearing, to all contiguous property owners as shown on the current assessment roll of the Town of Brookhaven. The applicant shall file an affidavit with the Planning Board attesting to the mailing of such notices. This ten-day notice requirement shall be required for all applications submitted on or after the effective date of this amendment.

E. 

The Planning Board shall render its decision with respect to site plan approval within 45 days from the date of the public hearing, unless an extension of such period is mutually agreed upon by the parties. The decision of the Planning Board shall be filed with the Town Clerk forthwith, and a copy thereof mailed to the applicant.