Village of Village of The Branch, NY
Suffolk County
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Table of Contents
Table of Contents
GENERAL REFERENCES

Code of Ethics — See Ch. 7.

§ 37-1
Disclosure required. 

§ 37-2
Additional disclosure required. 

§ 37-3
Definitions and word usage. 

§ 37-4
Supplemental information. 

§ 37-5
Offenses. 

§ 37-1 Disclosure required.

Every application, petition or request submitted for a variance, special exception, amendment, change of zoning, approval of a plat, exemption from a plat or official map, license or permit, pursuant to law or pursuant to the provisions of the Code, ordinances, local laws, rules or regulations of the Incorporated Village of the Branch or of any of its officers or officials acting within the scope of their authority, shall, when such application is made to the appropriate agency of the Incorporated Village of the Branch, include an affidavit certifying the name and address and the nature and extent of the interest [as defined in § 37-3A of this chapter under Subsection (1) of the definition of "interest"] of any officers or employees of the State of New York or of any of its political subdivisions having an interest in the application. In addition, such application shall state the name, address and nature and extent of interest [as defined in § 37-3A of this chapter under Subsection (1) of the definition of "interest"] of any person holding an office, whether by election, appointment or otherwise, in any party, as defined by Subdivision four of Section two of the Election Law.

§ 37-2 Additional disclosure required.

In addition, every application, petition or request submitted for a variance, special exception, amendment, change of zoning, approval of a plat, exemption from a plat or official map, license or permit, pursuant to the provisions of the Code, ordinances, local laws, rules or regulations of the Incorporated Village of the Branch or of any of its officers or officials acting within the scope of their authority, shall, when such application is made to the appropriate agency of the Incorporated Village of the Branch, include an affidavit certifying the name and address of all other persons having an interest in the application [as defined in § 37-3A of this chapter under Subsection (2) of the definition of "interest"] and the nature and extent of such interest. In addition, such application shall state the names and addresses of all persons having an interest in the application [as defined in § 37-3A of this chapter under Subsection (2) of the definition of "interest"] who have made a monetary contribution to any political party, as defined by Subdivision four of Section 2 of the Election Law, within one year immediately preceding the filing of the application.

§ 37-3 Definitions and word usage.

A. 

Definitions. For the purpose of this chapter, the terms used herein are defined as follows:

OFFICER OR EMPLOYEE
All officers, elected or appointed, all special counsel, all members of boards, agencies or commissions, 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.
(1) 

For the purpose of § 37-1 of this chapter, a person shall be deemed to have an "interest" in the application when he, his spouse or their brothers, sisters, parents, children, grandchildren or the spouse of any of them is:

(a) 

The applicant, or is the owner, contract vendee, lessee or a holder of an instrument creating an encumbrance upon the real property which is the subject of the application.

(b) 

An officer, director or stockholder (legally or beneficially) of a corporation which is the applicant or the owner, contract vendee, 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.

(c) 

An employee of an applicant or of an owner, contract vendee, lessee or a holder of an instrument creating an encumbrance upon the real property which is the subject of the application.

(d) 

A member of a partnership, joint venture or association which is an applicant or the owner, contract vendee, 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.

(e) 

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.

(2) 

For the purpose of § 37-2 of this chapter, a person shall be deemed to have an "interest" in the application when he is:

(a) 

The applicant or the owner or contract vendee of the real property which is the subject of the application.

(b) 

An officer, director or stockholder (legally or beneficially) of a corporation which is the applicant or the owner or contract vendee of the real property which is the subject of the application, or has an agreement to purchase stock of such a corporation.

(c) 

A member of a partnership, joint venture or association which is the applicant or the owner or contract vendee of 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.

(d) 

A party to an agreement with such an applicant, express or implied, 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.

B. 

Word usage.

(1) 

CORPORATION -- Includes a corporate stockholder, partner, joint venturer or associate.

(2) 

CONTRACT VENDEE -- Includes the holder of an option to purchase.

(3) 

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.

(4) 

Ownership of less than 5% of the stock of a corporation whose stock is listed on the New York or American Stock Exchanges shall not constitute an interest for the purposes of Subsection (1) of the definition of "interest" above; 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 Securities and Exchange Commission of the United States of America shall not constitute an interest for the purposes of Subsection (2) of the definition of "interest" above.

§ 37-4 Supplemental information.

In the event that there is any change in any matter set forth in the submitted application, petition or other request after the filing of 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.

§ 37-5 Offenses.

Any person who knowingly and intentionally violates the provisions of this chapter shall be guilty of a misdemeanor.