Babylon City Zoning Code
ARTICLE V
Conflicts of Interest
§ 213-43 Purpose.
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.
§ 213-44 Definitions.
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.
§ 213-45 Affidavits required.
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.
§ 213-46 Contents of affidavit.
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.
§ 213-47 Submission of affidavit.
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.
§ 213-48 Certain affidavits confidential.
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.
§ 213-49 Supplemental affidavit.
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.
§ 213-50 Report in lieu of affidavit.
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.
§ 213-51 Resolution of conflicts of interest required.
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.
§ 213-52 Falsification of affidavit information.
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.
§ 213-53 Filing affidavit prior to property transfer.
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.
§ 213-53.1 Notice of change in ownership.
[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.
§ 213-54 Action of Board for violation.
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.