It shall be the duty of the Building Inspector
appointed by the Town to administer and enforce the provisions of
this chapter.
[Added 1-19-2017 by L.L.
No. 1-2017]
A. Legislative findings and intent. The Town Board finds and determines
that in order to promote the public welfare and provide for open and
transparent government processes, full and fair disclosure of all
persons comprising or controlling an entity making a land use application
or undertaking development of land or a structure must be required.
Therefore, this section requires a nonperson entity making a land
use application or undertaking development of land or a structure
to disclose the names and contact information of the persons who own,
comprise or control the entity. Such disclosure will inform the public
concerning the names of the individuals behind the land use application
or development, will facilitate application review by the reviewing
boards, and will better disclose actual or potential conflicts of
interest. The requirements of this section shall apply to all pending
and future land applications.
B. Definitions.
APPLICANT
The legal, beneficial and equitable owner(s) of land proposed
for development in a land use application, including but not limited
to the holder of an option or contract to purchase, or a person or
entity having a proprietary interest in such land, or a person or
entity authorized to make and process a land use application.
AUTHORIZED PERSON
Any person who is authorized to act or does act alone or
in conjunction with others, on behalf of an entity or who has authority
to direct, control or influence the entity in any manner.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure; mining or
excavation; any change in, or extension of, the use of any land, building
or structure.
ENTITY
A limited liability company, limited liability partnership,
general or limited partnership, joint venture, doing business name
or venture, corporation, association, or any other nonperson.
LAND USE APPLICATION
An application form and other documents submitted by an applicant
for review and approval of a building permit, subdivision plat, site
plan, special use permit, conditional use permit, variance, zoning
amendment, certificate of occupancy, or any other permit, approval
or certificate required necessary or requested for development of
land or a structure.
C. Requirement for disclosure.
(1)
A land use application that lists an entity as owner, applicant
or other person of interest shall include, as part of the application,
and as a prerequisite to the land use application being deemed complete
or heard or considered, a completed entity disclosure statement, affirmed
and sworn to under the penalty of perjury, in a form approved by the
Town Board. The form of the disclosure statement may be amended from
time to time by resolution of the Town Board.
(2)
If a property for which a land use application is pending is
sold or transferred and/or the ownership or control of an entity is
changed, an updated entity disclosure statement shall be submitted.
The reviewing board, officer or employee shall suspend review of the
land use application until the entity submits the updated entity disclosure
statement. There shall be no development of any land, building or
structure until a current and complete entity disclosure statement
is submitted. If site work or construction of a building or structure
has commenced, the Building Inspector is authorized to issue a stop-work
order which shall remain in effect until the updated entity disclosure
statement is submitted.
(3)
The Town Board, Planning Board, Zoning Board of Appeals, Building
Department, or any municipal board, officer or employee shall not
process, hear, rehear, approve, or sign any land use application,
plans, permit or certificate unless and until a current and complete
entity disclosure statement is submitted.
D. Information required in the entity disclosure statement. The following
information shall be required to be disclosed in the entity disclosure
statement:
(1)
If the applicant is an entity, the name, address and contact
information for each owner, member, shareholder, officer, director,
beneficial owner, general partner, limited partner and authorized
person of the entity shall be disclosed. If any owner, member, shareholder,
beneficial owner, general partner or limited partner is itself an
entity, then the name, address and contact information of any member,
shareholder, director, officer, beneficial owner, general partner
or limited partner or authorized person of that entity shall be disclosed.
(2)
Each named person shall identify all Town officers or employees
for which disclosure of a relationship would be required pursuant
to state General Municipal Law § 809.
(3)
Other information reasonably required by resolution of the Town
Board which implements or promotes the purpose and intent of this
section.
E. Persons exempt from the disclosure requirements of this section.
(1)
A person who is not an officer, director or authorized person
of a publicly traded corporation and who holds less than 5% of the
shares or ownership interest in such corporation.
F. Land use applications exempt from the disclosure requirements of
this section.
(1)
Renovations to a building which do not increase the size of
the building;
(2)
Construction of a permitted accessory structure containing less
than 500 square feet of floor area.
G. Penalties for offenses.
(1)
If an entity, its representative(s) or other person fails to
submit, update or keep current a complete and correct disclosure statement
required by this section, or otherwise violates a requirement of this
section, such entity, its representative(s) or other person shall
be subject to a civil penalty, not to exceed $5,000, assessed by a
court of competent jurisdiction.
(2)
Nothing herein shall preclude institution of a criminal or civil
proceeding against the entity or any of its representatives or other
person where conduct may constitute a violation of law.
(3)
In addition to the penalties prescribed in this section and
in state law, any entity or person who violates any provision of this
section shall be liable for all reasonable attorneys' fees, consultant
and expert fees, costs and disbursements incurred by the Town in any
legal proceeding to enforce the requirements of this section and/or
to recover a civil penalty.