[Added 6-13-2017 by L.L.
No. 7-2017]
A.
The Town Board finds and determines that there is a critical and
compelling need, in the public interests as set forth herein, to provide
for full and fair disclosure of all privately held and/or non-publicly-traded
entities making land use applications before the Town to the extent
possible to ensure that any and all potential conflicts of interest
or other ethical concerns are properly disclosed and addressed by
any and all affected parties.
B.
The Town finds and declares that there is no existing law that preempts
the adoption of this article so that the public interests in open
and transparent government and land use applications can be promoted
by enactment of this article to require all privately held and/or
non-publicly-traded entities making land use applications to supply
information as to all limited and general members, shareholders, officers
and directors or any other authorized persons having control over
such privately held entities who apply for approval from the Town.
Such disclosure will inform the public and the Town concerning the
names of individuals with a vested interest in land use applications,
will facilitate application review by the reviewing boards, will disclose
actual or potential conflicts of interest and enhance enforcement
of the Code.
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them.
The owner of real property and/or authorized person of an
owner of real property, which seeks approval(s) by one or more land
use board(s) of the Town, including the Town Board where applicable,
in a land use application.
Any person or entity who is authorized to act or does act
either alone or in conjunction with others, on behalf of an entity
or owner, or who has authority to direct, control or influence an
Entity in any manner with respect to a land use application.
A limited liability company, limited liability partnership,
general or limited partnership, professional corporation, joint venture,
doing business as name or venture, association, business trust, or
non-publicly-traded corporation.
An application form and supporting documents submitted by
an applicant and/or owner for review and approval of a building permit,
certificate of occupancy, subdivision plat, site plan, special use
permit, conditional use permit, variance, zoning amendment, or any
other permit, approval or certificate required, necessary or requested
for the development of land or construction.
The legal holder of title to real property or an interest
in real property, including but not limited to a contract purchaser
or holder of an option to purchase such real property.
A.
A land use application for land development or construction within
the Town that lists an entity as the owner and/or applicant shall
complete an entity disclosure statement in a form approved by the
Town Board from time to time by resolution and provide all information
required in said form. Said entity disclosure statement shall be affirmed
or sworn to under the penalty of perjury and shall be filed along
with any such land use application or request for permission to undertake
any construction activity within the Town. The following information
shall be required to be disclosed in the entity disclosure statement:
(1)
The name, address and contact information for each member, shareholder,
officer, director, partner and any other authorized person having
control over the entity.
(2)
Each named person as set forth in subsection one shall identify
all Town officers or employees for which disclosure of a relationship
would be required pursuant to General Municipal Law § 809.
(3)
Such other information as reasonably required by resolution
of the Town Board in accordance with the purpose and intent of this
section.
B.
In the event that, prior to issuance of a certificate of occupancy
for any project under this article, a project that has previously
received approval is in any manner transferred, whether by transfer
of the property or transfer of the management and/or operation of
the original entity making application to another entity, the transferring
entity shall notify the Town and such succeeding entity must fully
comply with this article before any work on the project shall be permitted
to proceed. It shall be the responsibility of both the applicant and
the entity to which transfer is being made, to notify the Town of
any such transfer.
C.
Said entity disclosure statement shall apply to any land use applications,
approvals or permission sought from the Building Inspector, Town Board,
Town Planning Board, Town Zoning Board of Appeals, the Architectural
Community Appearance Board of Review (ACABOR) or Historical Area Board
of Review (HABOR). The Town shall not process, hear, rehear, approve
or sign any new or pending preliminary or final site plan, preliminary
or final subdivision map, special permit, variance or other land use
application or permit which relates directly or indirectly to any
construction, including but not limited to any grading permit, erosion
and sediment control permit, wetland permit, sewer connection permit,
floodplain development permit, water connection permit, which may
be granted in association with any construction unless the application
includes a fully completed entity disclosure statement signed and
either sworn to or affirmed and submitted with said application to
the respective Board.
D.
An entity disclosure statement is not required for any of the following
activities:
(1)
Construction of a private garage, not in excess of 500 square
feet. Said building shall not be used for any other purpose than the
storage of automotive vehicles.
(2)
Construction of accessory structures, other than garages, not
in excess of 300 square feet.
(3)
Construction of outdoor decks, sidewalks, or porches;
(4)
Construction of outdoor swimming pools;
(5)
Installation of fences;
(6)
Interior or exterior remodeling of a single-family detached
residential dwelling in existence and with a valid certificate of
occupancy as of the effective date this article, which does not involve
any change of use or increase the size of the building, including
but not limited to window replacement, door replacement, plumbing
improvements, new siding, removal of interior walls, and similar improvements;
(7)
Installation or removal of home heating oil or propane tanks,
in accordance with all applicable laws;
(8)
Repair, involving the removal and installation of an individual
well or in-ground septic system, for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
law;
(9)
Construction of a private shed not exceeding 300 square feet;
(10)
Other minor improvements to dwellings or residential lots with
an existing certificate of occupancy, after the Building Inspector
has conferred with the Town Board, and the Town Board has rendered
a determination that the improvement falls within the scope and nature
of the exemptions listed herein.
A.
Where an entity or its representative(s) refuses or fails to provide
the information required under this article, the further processing
of such application and any work related thereto ("the application")
shall be suspended in all respects, until such time as the board or
official before which application is submitted or pending determines
that the entity has fully complied with the provisions of this article.
In the event of any form of transfer of the property that is the subject
of the application occurs or the ownership and/or management of the
project is transferred in any manner to another entity during a pending
suspension of the application under the Local Law, the application
shall remain suspended until such time as the succeeding entity shall
appear before such body or official before whom the application is
pending and obtain approval for any continued work in relation to
the application in addition to compliance with this article. The Building
Inspector is authorized to issue a stop-work order on any project
where an application has been suspended under this article.
B.
Any entity or representative of an entity that provides false information or grossly inaccurate information regarding any application, or who fails to advise the Town of a change in ownership shall, in addition to the suspension of any pending application as set forth in Subsection A above, be punishable by a penalty pursuant to Chapter 41A of the Town Code for violation of this article. The Town Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process for a violation of this article.
C.
Nothing herein shall be deemed to preclude a criminal proceeding
being instituted by the People of the State of New York against the
entity or any of its representatives in the Justice Court or County
Court for any offenses where the conduct committed may constitute
a violation of the New York State Penal Law or other criminal statutes.
D.
Civil penalty. In addition to those penalties prescribed by herein
and by state law, any person or entity who violates any provision
of this chapter shall be liable to a civil penalty of not more than
$3,000 for each offense. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Town.
In any such proceeding to collect a civil penalty, the Town shall
be entitled to collect interest, costs and disbursements incurred
in connection with such proceeding and in addition reasonable counsel
fees or a charge to reimburse the Town for expenditures for attorneys
employed or appointed by the Town.
