[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 9-4-2002 by L.L. No. 3-2002. Amendments noted where applicable.]
Pursuant to the provisions of Article IX of the New York State Constitution and Subdivision 1(ii) of § 10 of the Municipal Home Rule Law, § 41 of the General Construction Law, and all other laws which may be to the contrary, are hereby superseded to the extent necessary, in order to implement the provisions of § 5-2.
No board, committee, commission, or other body of the Village of Kings Point shall take any action, whether it be to grant, grant with conditions, deny, deny with conditions, modify, or otherwise, with regard to any application or matter before it, except with the concurring vote of a majority of the members of such body. The foregoing shall not prevent the chairperson, or other member acting in lieu thereof, from adjourning an application or other matter until such a concurring vote may be obtained.
This section shall not supersede any law of general application which requires a greater number than the concurring vote of a majority of the members of such body for certain actions or under certain circumstances.
[Added 11-26-2012 by L.L. No. 6-2012]
Definitions. As used in this section, the following terms shall have the following meanings:
- BEST VALUE
- Best value as defined in State Finance Law § 163, as such may be amended from time to time.
- PURCHASE CONTRACT
- All purchase contracts, including service contracts, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law, as such may be amended from time to time.
Pursuant to the provisions of General Municipal Law § 103, the Board of Trustees is hereby authorized, if and when it is determined by such Board to be in the best interests of the Village, to award a particular purchase contract on the basis of best value.
Such authority may be exercised by the Board of Trustees with regard to any such purchase contract whether or not it reaches the threshold requiring competitive bidding pursuant to General Municipal Law § 103.
[Added 6-20-2017 by L.L. No. 4-2017]
Every department, board, and committee of the Village shall withhold the processing of any application to such board, committee, or department if:
The Building Inspector has determined that a violation of any provision of the Village Code exists on or at the subject property, or a summons has been issued with regard to an alleged violation of any provision of the Village Code on or at any other property owned by the owner or the applicant within the Village.
Pursuant to Subsection A or C of § 147-7 of the Village Code, a replacement tree has not been planted at the subject property, or a replacement tree has not been planted by the applicant or the owner at any other property within the Village, and the time period set by the Building Inspector for such replacement has past.
Any fees, deposits, or other sums of money are due to the Village with regard to the subject property; or otherwise due to the Village from the owner of the subject property; or otherwise due to the Village from the applicant, if the applicant is not the owner.
The processing of an application shall include, but not be limited to: the review of the application by the Village or its professionals; the scheduling or holding of any hearings or other meetings; the rendering of any decisions, other than, in the sole discretion of the chairperson of such board or committee, or the superintendent of such department, a denial of such application; the performing of any inspections; and the issuing of any permits or certificates.
Any application for which processing is to be withheld pursuant to the provisions of this section shall be deemed for all intents and purposes to be incomplete until such department, board, or committee receives written notice, by certified mail, return receipt requested, from the applicant, that such violation has been cured and/or such sums have been paid and such notice is confirmed by the appropriate Village officer or employee.
The foregoing prohibition shall not preclude the processing of any application if:
All of the sums due the Village have been paid and substantially the sole purpose of the processing is to cure the violations or to seek a variance from the Board of Appeals with regard to such violations; or
The Board of Trustees, in its sole discretion, grants a waiver from such prohibition. Among the criteria the Board of Trustees may consider in determining whether or not to grant such a waiver is if the applicant is acting in good faith and with due diligence to cure the violations, or presents a case of hardship, similar to that required for a use variance before the Board of Appeals.