Newsletter of the
Preservation Coalition of Erie County
(Home Page)

Spring 1999.........
Vol. 22 No 3




Wider public notice of zoning, planning issues may yield less confrontation, better projects

By M. Bouwman

In most local cities and towns, only a property owner’s immediate neighbors are informed of requested changes to a property. If none of the immediate neighbors has the time, perception, or sense of empowerment to affect the project, it often proceeds as “a matter of right.” Yet, the project can harm a larger public that has not been informed. A developer or business has no intrinsic right to profit while harming others or the public at large.

Burlington, Vermont,gives on-site public notice via an eye-catching red Z.

Officials often commit to projects prematurely, often allying themselves with permit seekers before feedback can be received from concerned, and often expert, citizens (there is always an unanticipated impact). This is filled with peril for the politicians and can be a legal and political morass, with officials taking lumps for developers or other applicants against enraged public.

It would be much better to institute a process of early and broad public notification. This could prevent a lot of bad projects and bad blood. It would also make the applicant do what any responsible business person should do: get out and talk to people as normal part of marketing and community relations. A simple solution is to require on-site notice of changes.

Burlington, Vermont, and Ontario are just two of many jurisdictions with mandatory on-site public notification. Burlington’s notice is a large red Z printed on 11” x 19” white card stock with a brief project description and instructions on where plans can be viewed.* Ontario’s is proportionate to the scale of the project. For a subdivision, a map must be provided on a large, free-standing sign.

On-site public notification seems like a worthy cause for Buffalo and surrounding towns.

*Burlington’s entire regulation reads as follows:

Ontario requires on-site public notice, referral.
Posting of property. Any applicant requesting a zoning permit, a certificate of appropriateness, or a conditional use of variance shall display on the subject premises a notice sign provided by the department of planning and zoning. The notice, which shall be clearly visible from the public way, shall be displayed at the time of application and shall not be removed until after the appeals expiration date.