[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken 5-9-1988
as L.L. No. 3-1988. Amendments noted where applicable.]
It is hereby found and determined that the village government, its boards,
agencies and officials and the public it and they serve have a right and the
public interest requires them to know the true identities and interests of
those who seek the benefits of various legislative, quasi-judicial, executive
and/or administrative actions of the village so as to ensure that:
A.
Representations made in connection therewith are accurate.
B.
Government does not act out of mistaken understanding
or in reliance upon misrepresentation.
C.
Determinations made in connection with such applications
are made honestly and openly without being affected by conflict of interest
or improper influence or the appearance thereof.
D.
Such applications are made for genuine rather than purely
partisan reasons.
A.
Every application, petition or request submitted for
a variance, amendment, change of zoning, approval of a plat, exemption from
a plat or official map, license or permit (other than a building permit) pursuant
to the provisions of any local law, rule or regulation constituting the zoning
and planning regulations of the Village of Asharoken[1] shall state, under oath, the name and address and the nature and extent of the interest, as defined in § 54-3 of this chapter, of any officers or employees of the State of New York, County of Suffolk or of any municipality, as defined by § 800 of the General Municipal Law, within Suffolk County.
B.
In addition, every application, petition or request submitted for a variance, amendment, change of zoning, approval of a plat, exemption from a plat or official map, license or permit (other than a building permit) pursuant to the provisions of any local law, rule or regulation constituting the zoning and planning regulations of the Village of Asharoken shall state, under oath, the name and address of all other persons having an interest in the application, as defined by § 54-3 of this chapter, and the nature and extent of such interest.
A.
CONTRACT VENDEE
CORPORATION
INTEREST
Definitions. For the purpose of this chapter, the terms
used herein are defined as follows:
Includes the holder of an option to purchase.
Includes a corporate stockholder, partner, joint venturer or associate.
(1)
The applicant or is the owner, contract vendee or lessee
or a holder of an instrument creating an encumbrance upon the real property
which is the subject of the application.
(2)
An officer, director or stockholder, legally or beneficially,
of a corporation which is the applicant, owner, contract vendee or lessee
or a holder of an instrument creating an encumbrance upon the real property
which is the subject of the application or has an agreement to purchase stock
of such a corporation.
(3)
An employee of an applicant or of an owner, contract
vendee or lessee or a holder of an instrument creating an encumbrance upon
the real property which is the subject of the application.
(4)
A member of a partnership, joint venture or association
which is an applicant, owner, contract vendee or lessee or a holder of an
instrument creating an encumbrance upon the real property which is the subject
of the application or has an agreement to purchase an interest in the partnership,
joint venture or association.
(5)
A testator, settlor, personal representative, trustee,
holder of ownership interest in or beneficiary of an estate or trust which
is an applicant, owner, lessee or contract vendee or a holder of an instrument
creating an encumbrance upon the real property which is the subject of an
application or has an agreement to purchase an interest in the trust.
(6)
OFFICER OR EMPLOYEE
A party to an agreement, express or implied, with such
an applicant whereby he may receive any payment or other benefit, whether
or not for services rendered, dependent or contingent upon the favorable approval
of such application, petition or request.
All officers, elected or appointed, all special counsel, all members
of boards, agencies or commissioners and all committees, whether paid or unpaid,
or other persons whose salaries are paid by the state, county or local municipality,
but shall not include volunteer firemen or civil defense volunteers, except
a chief engineer or assistant chief engineer.
B.
Word usage.
(1)
The term "holder of an instrument creating an encumbrance
upon" shall be deemed to exclude lending institutions licensed either by the
State of New York or the federal government.
(2)
Ownership of less than 5% of the stock of a corporation whose stock is listed on the New York or American Stock Exchange shall not constitute an "interest" for the purposes of Subsection A of this section; ownership of less than 5% of the stock or status as an officer or director of a corporation whose stock is listed on any stock exchange which is registered with the Security Exchange Commission of the United States of America shall not constitute an "interest" for the purposes of Subsection A.
In the event that there is any change in any matter set forth in the
submitted application, petition or other request after filing the same but
before action by the board or agency having jurisdiction, the applicant shall
submit a supplemental affidavit within 72 hours after such change.
Any person, firm, corporation, trust or agent or employee thereof who
violates the provisions of this chapter shall be guilty of a violation and
subject to a penalty of up to $250 and up to 15 days' imprisonment, or both;
and action on any application shall be stayed pending compliance herewith.
This chapter shall take effect immediately in accordance with law and
shall apply to all applications upon which final action shall not have been
taken prior to the date of enactment hereof.
