It is the intent of this article to provide
a procedure whereby there shall be full disclosure of the interests
of all parties appearing before the Town Board, the Board of Appeals
and the Planning Board in connection with any application relating
to this chapter or the zoning of property, as well as the connection
and interest, if any, of any official or employee of the Town in respect
of such application, to the end that all proceedings before such Boards
shall be conducted in good faith and in the best interests of the
residents of the Town consistent with any code of ethics adopted by
the Town and free of any undisclosed conflicts of interests.
Whenever used in this article, unless the context
requires otherwise, the following words and expressions shall have
meanings as follows:
Any instrument in writing executed under oath required to
be filed with any application to the Town Board, Board of Appeals
and Planning Board.
Any person who makes and signs an application either for
himself or as agent for another person.
Any written request to the Town Board for any change of zone
or other relief or to the Board of Appeals for any variance, exception,
permission or other relief with the jurisdiction of said Board or
to the Planning Board, under the provisions of this chapter, the Town
Law or any rule or regulation adopted by any of such Boards.
The duly appointed and constituted Board of Appeals of the
Town.
This chapter and amendments thereto and any Zoning Map duly
adopted by the Town Board.
Include an individual male or female, individual or individuals
doing business under assumed names, copartnerships, corporation, society,
joint-stock company and any person acting as agent or on behalf of
another.
The duly appointed and constituted Planning Board of the
Town.
The duly elected and constituted Town Board of the Town.
All applicants must file an affidavit stating
the nature, extent and full details of any interest, proprietary or
otherwise, in the property described in the application. Such Boards
may also require any person disclosed in the affidavit of the applicant
as having an interest, proprietary or otherwise, in the property described
in the application to file an affidavit stating the nature, extent
and details of his interest in the said property.
In addition to the application and such other
information as any Board may determine, the applicant shall submit
an affidavit containing the following:
A.
The name and address of the applicant and any person
making the application on behalf of another or his agent.
B.
The name and address of any person having an interest
in the property described in the application, whether such interest
is proprietary, legal or equitable, setting forth the nature of such
interest. Without limitation by the enumeration thereof, a person
having an interest in the property shall include a contract vendor,
contract vendee, lessor, sublessor, contract lessor, lessee, sublessee,
contract lessee, holder of any beneficial interest, contract holder
of any beneficial interest, mortgagor, mortgagee, holder of any encumbrance
or lien, contract holder of any encumbrance or lien guarantor, assignee,
agent and broker.
C.
The name and address of the person owning the property
described in the application, whether or not the evidence of ownership
is of record in the Office of the County Clerk or Registrar.
D.
The name and address of any person who, in connection
with the acquisition or development of the property described in the
application, has made any loan or financial accommodation or accepted
any lien or mortgage on said property, except, however, any bank or
lending institution organized under the banking or insurance laws
of the state or under the laws of the United States of America.
E.
The name and address of any person having any legal,
equitable or contractual interest in the property described in the
application which will arise or be affected by any decision of the
Town Board, Board of Appeals or Planning Board relating to the said
property.
F.
The name and address of any person who, under any
agreement or understanding, oral or written, will receive any payment,
compensation, reward, gift, whether in money or property or interest
in the ownership, use and development of the property described in
the application as a result of his work, effort or services in connection
with said application and the hearing thereof before any Board.
G.
The name and address of any person having an interest
in the property described in the application who has simultaneously
any financial, proprietary or other interest, direct or indirect,
including interlocking ownership, stock ownership, directors or officers
in any property adjacent to, contiguous with or lying within the radius
of one mile of the property described in the application.
H.
The name and address of any person who is an elected
or appointed officer or employee of the Town or who is related to
any elected or appointed officer or employee of the Town, shall set
forth in detail the nature of the relationship and the nature and
extent of his interest in property described in the application.
Any affidavit required under this article shall
be submitted with the application or at such other time as the Board
may require, either prior to any hearing, during the proceedings or
at any subsequent time prior to a final determination and decision
by such Board. Any affidavit required shall be deemed a necessary
part of the application without which the matter may not be heard,
considered or determined.
Any affidavit which may be required of any lending
institution organized under the banking or insurance laws of the state
or under the laws of the United States of America, shall be treated
as a privileged communication to the Board requiring the same and
shall not be available for examination by the public.
If there is any change in any of the facts and
information stated or required to be stated in any affidavit filed
with any Board, after the filing of the same and before a final determination
of the application or the issuance of a certificate of occupancy,
whichever event last occurs, a supplemental affidavit stating such
changes and additional facts or information must be filed with the
appropriate Board within 10 days after any such change.
Any information required to be set forth in
any affidavit may be contained in a report prepared by a title company
or abstractor acceptable to the Board or by a certified copy of any
instrument recorded in the office of the Clerk of a village, Town
or county.
Wherever any conflict of interest arises, exists
or becomes apparent or evident between any elected or appointed officer
or employee of the Town and any owner, applicant or person interested
in the property under any code of ethics adopted by the Town Board
or any applicable law of the state, the hearing of any application
and any decision thereon shall be adjourned or reserved until such
time as full disclosure of such conflict shall have been made to the
Board and an opinion in writing shall have been rendered by any board
of ethics constituted under any code of ethics to hear and render.
The intentional and willful filing of any affidavit
pursuant to this article containing false, ambiguous and misleading
information or the intentional and willful failure to file any affidavit
as required by this article shall be deemed a violation of this article,
and the person filing such affidavit or failing to file the required
affidavit shall be subject to the penalties of this article in addition
to any penalties imposed by any other applicable law.
Any person who willfully, knowingly and intentionally
files an affidavit or causes another to file an affidavit, as required
by this article as an inducement to or as a requirement of any Board
to consider or act upon an application before it, and knowing and
intending at the time of the filing of such affidavit that, subsequent
to the decision of the Board or the issuance of a certificate of occupancy
thereunder, he would sell, convey or transfer the property or any
part thereof or make payment or give any compensation, reward or gift
under a contract or agreement, oral or in writing, in existence prior
to the time of such decision or the issuance of a certificate of occupancy
to any person who, at the time of such decision, would have a conflict
of interest under any code of ethics adopted by the Town Board or
other applicable law shall be deemed to have violated this article,
and he shall be subject to the penalties of said article in addition
to any penalties imposed by any other law.
[Added 9-22-1987]
A.
Any owner of property which is the subject of a rezoning
application before the Town Board must notify the Town Board in writing
by certified mail, return receipt requested, of any sale, lease, transfer
or other type of change or transaction affecting said property which
is the subject of a rezoning application, within 48 hours prior to
the transfer of title, assignment of lease or transfer or assignment
of rights to the subject property or change in use or plans of the
subject property.
B.
Any prospective purchaser, tenant, assignee, distributee
or lessee of property which is the subject of a rezoning application
before the Town Board must notify the Town Board in writing by certified
mail, return receipt requested, of any sale, lease, transfer or other
type of change or transaction affecting said property which is the
subject of a rezoning application, within 48 hours prior to the transfer
of title, assignment of lease or transfer or assignment of rights
to the subject property or change in use or plans of the subject property.
C.
Failure of either the owner of property or the prospective
purchaser, tenant, assignee, distributee or lessee of property which
is the subject of a rezoning application before the Town Board to
notify the Town Board in writing by certified mail, return receipt
requested, of any sale, lease, transfer or other type of change or
transaction affecting said property which is the subject of a rezoning
application, within 48 hours prior to the transfer of title, assignment
of lease or transfer or assignment of rights to the subject property
or change in use or plans of the subject property, shall result in
the immediate rejection and nullification of the subject rezoning
application by the Town Board.
Whenever it shall be determined by any Board
that any person shall have violated any provision of this article,
such Board shall have the power to:
A.
Dismiss the application and terminate all proceedings
if a decision shall not have been made on such application.
B.
Revoke any variance, permission or special exception
granted under such application.
C.
Rezone the property to its former classification.
D.
Direct the Building Inspector to withhold the issuance
of any certificate of occupancy or to revoke any certificate of occupancy
issued as a result of any decision of any Board affecting the property,
until such time as the facts and circumstances are explained to the
satisfaction of the Board.
