[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bellerose 8-30-1976 by L.L. No. 5-1976.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 17.
Building permits — See Ch. 68.
Signs — See Ch. 179.
Swimming pools — See Ch. 188.
Zoning — See Ch. 210.
[1]
Editor's Note: Pursuant to L.L. No. 1-1976 which established
the Code, the provisions of this chapter were originally designated as Ch.
24.
Every application, petition or request for a change of zoning, variance,
amendment of this Code, license, permit, special use, special exception or
approval of or exemption from a plat or subdivision map, with respect to the
use of land or any building or structure erected or to be erected thereon,
and every application for a building permit or certificate of occupancy shall,
at the time of filing such application, be accompanied by a sworn statement
by the person making the application (hereinafter referred to as the "applicant"),
which statement shall state and set forth the following matters:
A.
The name and address of the applicant. If the applicant
is not one of the record owners of the subject property, the application shall
state the interest of the applicant in the subject property and the relationship
to the record owners. If the applicant is a contract vendee, a duplicate original
or photocopy of the full and complete contract of purchase, including all
riders, modifications and amendments thereto, shall be submitted with the
application.
B.
The name and address of all owners of record of the subject
property or any part thereof.
C.
The date title was acquired.
D.
The date and place where the deed was recorded.
E.
The name and address of each person having any mortgage
or other interest, including an unrecorded ownership interest, in the subject
property, together with the nature and extent thereof.
F.
The name, residence and the nature or extent of the interest
of any state officer or any officer or employee of the Incorporated Village
of Bellerose or the Town of Hempstead or the County of Nassau in the person,
partnership or corporation making such application, petition or request to
the extent known by the applicant. An officer or employee of the Incorporated
Village of Bellerose shall include any person elected or appointed, whether
paid or unpaid, to any Village commission or board.
(1)
For the purpose of this subsection, an officer or employee
shall be deemed to have an interest in the applicant when he, his spouse or
their brothers, sisters, parents, children, grandchildren or the spouse of
any of them:
(a)
Is the applicant;
(b)
Is an officer, director, partner or employee of the applicant;
(c)
Legally or beneficially owns or controls stock of a corporate
applicant or is a member of a partnership or association applicant; or
(d)
Is 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.
(2)
Ownership of less than 5% of the stock of a corporation
whose stock is listed on the New York or American Stock Exchange shall not
constitute an interest for the purposes of this subsection.
G.
The name and address of each person in the chain of title
for the five years next preceding the date of the application.
H.
Corporations.
(1)
Where the record owners, applicant, contract vendee or
any person holding, owning or having any mortgage, other than a duly licensed
bank or insurance company, or other interest in the subject property or any
part thereof is a corporation, the following additional information shall
be submitted with the application:
(a)
The name and principal office of the corporation.
(b)
The date and place of incorporation, together with the
name and address of each incorporator.
(c)
The name and address of each officer and the date of
election or appointment.
(d)
The name and address of each director and the date of
election or appointment.
(e)
The name and address of each shareholder owning or controlling
5% or more of any class of stock of the corporation, together with the number
of shares owned and the date of acquisition of such shares.
(f)
Whether any shares of the stock of the corporation or
of any stockholder have been pledged, mortgaged, encumbered or are subject
to any financial or security agreement and, if so, the name and address of
each person having, holding, owning or claiming such interest.
I.
Whether the present owners, or any of them, have entered
into any contract for the sale of all or any part of the subject property,
and if in the affirmative, there shall be submitted a duplicate original or
photocopy of the full and complete contract of sale, including all riders,
modifications and amendments thereto.
J.
Such additional information as may be requested by the
board, agency or commission having jurisdiction over such application, pertaining
to ownership, operation or control of the subject property.
Where the applicant is a corporation, the statement shall be sworn to
by the president or a vice president and by the secretary or an assistant
secretary.
As used in this chapter, the following terms shall have the meanings
indicated:
A natural person, partnership (limited or general), joint venture,
trust, trustee, executor, administrator, contract vendee, corporation or any
other legal entity.
No application as referred to in § 84-1 shall be deemed complete or fully submitted unless and until the provisions of this chapter shall have been complied with.
Whenever any board, agency or commission before which any application
is presently pending and undetermined shall request the information required
by this chapter, such information shall be submitted prior to the rendering
of a final determination or decision on such application.
None of the provisions of this chapter, with the exception of § 84-1A, B, F and I, shall apply where the petition or application is for a variance with respect to areas, fences, special exceptions or swimming pools relating to a single lot upon which there is then erected and occupied a single-family residence.
