In this chapter, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Village stating that work was done
in compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Village,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard System for the Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
96-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
[Added 3-16-2023 by L.L. No. 4-2023]
A. Legislative findings and intent. Invoking the powers granted to the
Board of Trustees ("Board") of the Village of Woodbury ("Village"),
by the Municipal Home Rule Law, New York State Constitution and otherwise,
the Board hereby finds that there is a critical and compelling need,
in the public interests as set forth herein, to provide for full and
fair disclosure of the person or persons substantively involved with
entities making certain land use applications before the Village to
ensure that any and all potential conflicts of interest or other ethical
concerns can be identified and addressed by the Village and any and
all affected parties. The law will foster the important goal of an
open and transparent government operations, including the interaction
of public officials and land use applicants, by requiring all land
use applicants that are entities to disclose its limited and general
members, shareholders, officers and directors or any other persons
having control over such entity. The Board further finds and declares:
(1) That in connection with development or potential development in the
Village that land use applications may have a significant impact upon
the health, safety and general welfare of the Village, its inhabitants
and visitors, and upon existing uses, public services, traffic and
the environment, in general.
(2) That under these circumstances, the Board and the public need to
know for purposes of avoiding conflicts of interest, and a meaningful
review of potential conflicts of interest, the identity of every person
(hereinafter a "nondisclosed person") who is a shareholder, member,
director, officer, beneficial owner, authorized person (defined below)
having an interest, or anyone having a controlling position, in any
limited liability company, general or limited partnership, joint venture,
corporation, association, or other entity (hereinafter collectively
and individually referred to as an "entity"), including an entity
doing business as another named individual or entity, that applies
for any land use approval, permit, or permission from any Village
board or official.
(3) Any "authorized person" as used herein shall mean a person, whether
or not a nondisclosed person who is authorized to act or otherwise
acts, solely or in conjunction with others, on behalf of an entity
or to direct, influence or otherwise control the entity in any manner.
B. Disclosure requirement.
(1) Every nondisclosed person for any entity applying for land use approvals,
permitting, or permission, to undertake any activity within the Village
shall complete an entity disclosure statement in the form approved
by the Board, as may be amended from time to time by a Board resolution,
and provide all information required in said form. Said 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 Village.
(2) In the event that a land use project that has previously received
approval is sold, assigned or otherwise transferred, whether by transfer
of the property or transfer of the management or operation or both
of the entity to another entity, the transferring entity shall notify
the Village in writing, and any such succeeding entity must fully
comply with this section before any work or other activity on the
project shall be permitted to proceed, continue, or be completed.
(3) Said entity disclosure statement shall apply to any approvals, permitting,
or permission for land use in the Village (i.e., any operation, construction
or use affecting the land that requires authorization from the Village)
sought from the Building Inspector, the Board of Trustees, the Planning
Board, the Zoning Board of Appeals, the Architectural Review Board,
or other Village board or official. No such Village board or official
shall process, hear, rehear, approve or sign any application, permit
or authorization which relates directly, or indirectly, to any land
use requiring authorization from the Village unless the application
for such authorization includes a fully completed entity disclosure
statement form approved by the Village, signed and either sworn to
or affirmed.
(4) An entity disclosure statement is not required for any of the following
activities:
(a)
Construction of a residential automobile garage, not in excess
of 500 square feet. Said building shall not be used for any purpose
other than the storage of automotive vehicles and other customary
uses for a residential garage;
(b)
Construction of accessory structures, other than garages, not
in excess of 300 square feet;
(c)
Construction of outdoor decks, sidewalks, or porches;
(d)
Construction of outdoor swimming pools;
(f)
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 section, which does not involve
any change of use or increase in the size of the dwelling. Remodeling
includes, but is not limited to, window replacement, door replacement,
plumbing improvements, new siding, removal of interior walls, and
similar improvements;
(g)
Installation or removal of home heating oil or propane tanks,
in accordance with all applicable laws;
(h)
Repairs and maintenance for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
section, including the removal and installation of an individual well
or in-ground septic system; or
(i)
Other minor improvements to dwellings or residential lots with an existing certificate of occupancy not specifically noted in this subsection, authorized by the Building Inspector, after consultation with and determination by the Board of Trustees that the improvement falls within the scope, nature, and intent of the exemptions listed in this Subsection
B(4)(a) through
(h).
C. Penalties for offenses.
(1) Where an entity, nondisclosed person, authorized person, or any agent
or representative thereof refuses or otherwise fails to provide the
information required under this section, 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 all provisions of this section.
In the event of any form of transfer of the property that is the subject
of the application occurs or the ownership or management or both of
the project is transferred in any manner to another entity during
a pending suspension of the application under this section, then,
in addition to compliance with this section, the application shall
remain suspended until such time as the succeeding entity shall appear
before such board or official before whom the application is pending
and obtain approval for any continued work in relation to the application,
or the processing of the application. The Building Inspector is authorized
to and shall issue a stop-work order on any project where an application
has been suspended under this section.
(2) If any entity, nondisclosed person, authorized person, or any agent or representative thereof provides no information, false information, or grossly inaccurate information, or otherwise makes any misrepresentation in any application, shall, in addition to the suspension of any pending application as set forth in Subsection
C(1) above, be subject to a civil penalty of up to 1% of the stated value of the applicant's project as reflected in its application or the fair market value of the applicant's proposed project (whichever is greater) for any violation of this section. The Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process in Justice Court, and the Board of Trustees may authorize the filing of a complaint in any court for any allowable remedy, for a violation of this section.
(3) Nothing herein shall be deemed to preclude a criminal proceeding
being instituted by the people of the State of New York directly,
or acting through the designated attorney for the Village, against
the entity, nondisclosed person, authorized person, or any agent or
representative thereof in any appropriate court.
(4) Civil penalty. In addition to those penalties prescribed herein and
by state law, any person or entity who violates any provision of this
chapter shall be liable for all reasonable attorney's fees, costs
and disbursements, including, but not limited to, expenditures for
appraisers, accountants or other consultants employed by the Village,
incurred by the Village in connection with the enforcement of this
section, and may assert such claim in any appropriate court proceeding.
The Chief of the fire department providing firefighting services
for a property within the Village shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel burning appliance, chimney, or gas vent.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
96-17 (Violations) of this chapter;
C. If appropriate, issuing a stop work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Board
of Trustees of the Village. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Board of Trustees of the Village may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
the Village, with other governments to carry out the terms of this
chapter, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.