In addition to any other notice required by law, a public notice shall be posted by the applicant on the property that is the subject of certain applications as set forth in this section.
A. The sign shall be so posted in the following circumstances:
(1) If a variance, special approval, or determination is being sought from the Zoning Board of Appeals, the notice shall be posted before the initial Zoning Board of Appeals public hearing on the matter.
(2) If a subdivision approval, a site plan approval, or special permit is being sought from the Planning Board, the notice shall be posted before the first Planning Board public hearing on the application.
(3) If a determination is being sought which requires affirmative action by both the Zoning Board of Appeals and the Planning Board, the notice shall be posted before the first public hearing before either Board occurs.
(4) If the application is for rezoning of a parcel or parcels of land in conjunction with a proposed development on same a notice shall be posted and it shall be posted prior to the initial Planning Board hearing on the proposed rezoning. If the rezoning is a rezoning generally of the neighborhood independent of a particular application for a particular project, or is a rezoning of an area of more than 300 acres, there shall be no posting requirement unless the Town Board directs such posting. In such event the Town Board may designate the location and frequency of such posting, which may be different than otherwise required hereunder.
B. The posting shall occur at least 14 and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above.
C. The sign shall be posted in a location clearly visible from the roadway at or near the center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 feet, signs shall be posted at five-hundred-foot intervals along the frontage. When the Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the particular circumstances of an application warrants more signs than required by this provision, the applicant shall post such additional signs as may be directed by either of such officers.
D. Such signs shall be continuously maintained by the applicant and displayed facing the roadway until final action has been taken by the Board involved approving or denying the application or appeal, or until the application is withdrawn. Signs shall be removed within 15 days of the final action or withdrawal of the application.
E. The required signs shall be obtained from the Town Planner or his/her designee, Code Enforcement Officer, or Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. Fees for such signs shall be set from time to time by Town Board resolution.
F. Failure to post or maintain the signs as provided in this section shall not be a jurisdictional defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign may be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section.
