City of Beacon, NY Article V Administration and Enforcement

§ 223-42 Full compliance with provisions required.

No board, agency, officer or employee of the City shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of this chapter, except as permitted under § 223-55C. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.

§ 223-43 Enforcement.

This chapter, and any rules and regulations made or as may be made in furtherance thereof, shall be enforced by the Building Inspector. For such purposes he, or other designated person, may, from time to time and at reasonable hours, enter and inspect any such building, structure or premises and may perform any other act or duty necessary for the proper enforcement thereof. The City Attorney shall be the prosecutor in such matters and responsible for legal assistance for all interpretations and enforcement of all alleged violations and violations.

§ 223-44 Records and reports.

A. The Building Inspector shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy.

B. The Building Inspector shall also keep a permanent record of all violations of this chapter, whether reported by private citizens or by any board, agency, officer or employee of the City, and such record shall show the disposition of all such violations.

C. The Building Inspector shall make a report to the City Council, in writing, at least once every three months, reporting the number and type of building permits and certificates of occupancy issued and listing all reported or continuing violations of this chapter and the disposition or pending action of such violations.

§ 223-45 Building permit required for construction.

No building or structure shall be erected, constructed, enlarged, altered or moved or excavation made therefor or work begun thereon, until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, under circumstances set forth in § 223-55C, no building permit or certificate of occupancy shall be issued for any building or structure where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter.

§ 223-46 Application for building permit.

A. Before any permit shall be issued, written application therefor shall be made, in duplicate, on official City forms. All applications, except those for signs, shall be accompanied by two copies of a layout or plot plan, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of all buildings proposed to be built on the lot and of any existing buildings or structures that shall remain, the existing and intended use of each building or part of the building, the number of families that the building is designed to accommodate, the nature of the improvement, the estimated cost and the intended use or purpose to be made of the improvement and premises and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plan shall be returned to the owner, either in person or by mail, when such plans shall have been approved by the Building Inspector. The building location on the lot shall be staked out on the ground before construction is started so that the Building Inspector may determine, by measurement in the field, that the yard requirements for the district in which the use is located have been met.

B. Such permit shall, among other things, briefly describe the premises, the nature of the improvement, the estimated cost and the intended use or purpose to be made of the improvement and premises. It shall bear the date of issuance and be signed by the official issuing the same. Any such permit issued by the Board of Appeals shall be approved by a majority of the members thereof and attested by the Secretary of said Board. The original application and a duplicate copy of the plans, specifications and permit issued shall be filed immediately in the office of the Building Inspector. No building, land or premises shall be used for any purpose other than that stated in the permit. Where, in the opinion of the City Council, any permit hereafter issued by the Building Inspector was improperly or unlawfully issued, or was procured through fraud or deception, the City Council may direct the Building Inspector to revoke the same. Any person or party feeling aggrieved by any such revocation of a permit may appeal to the Board of Appeals in the same manner as provided herein for other appeals to the Board of Appeals.

C. No building permit shall be issued for a use listed in § 223-17C or D as subject to additional requirements, except in conformity with the procedure set forth in § 223-18.

§ 223-47 Completion of structures for which permit has been issued.

A. A building permit shall be void if construction is not started within a period of 12 months or is not completed within a period of two years of the date of said permit.

B. Any building, extension or alteration for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter, or of an amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter, or an amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and the building is completed within two years of the adoption of this chapter or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.

§ 223-48 Proposed amendments to chapter.

Whenever the City Council, by resolution, authorizes a public hearing on a proposed amendment to this chapter, and for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged or altered, and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.

§ 223-49 Certificate of occupancy required for use.

It shall be unlawful for an owner to use or permit the use of any building or premises, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partially, in its use or structure, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that the building and the proposed use of the building or premises conform to all of the requirements herein set forth.

§ 223-50 Application for certificate of occupancy.

A. Application for such a certificate shall be made on an official form and filed with the Building Inspector. Within 10 days thereafter, the Building Inspector shall act thereon by either issuing a certificate or by denying the application. He shall forthwith notify such owner or applicant, in writing, personally, or by mail, of his decision. Every applicant for a certificate of occupancy shall pay therefor, to the Building Inspector, a fee of $2, except where no fee is charged for a building permit.[1]

[1] Editor's Note: See now 115-1B(3).

B. Under such rules and regulations as may be established by the City Council, a temporary certificate of occupancy for part of a building may be issued.

§ 223-51 Continued conformance required.

A. A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies. It shall continue in effect as long as such building and the use thereof and the use of such land is in full conformance with the provisions of this chapter and any requirements made in connection therewith at the time of the issuance thereof. The details of any plan or site plan approved by the City Council, Planning Board or Board of Appeals acting under the terms of this chapter and any conditions attached to such approval shall be deemed to be such requirements.

B. Upon the service of notice by the Building Inspector of any violation of any of the provisions or requirements with respect to any building or the use thereof or of land, the certificate of occupancy for such use shall thereupon become null and void.

§ 223-52 Copy of certificate of occupancy to be furnished upon request; fee.

[Amended 7-6-2010 by L.L. No. 10-2010]

A copy of a certificate of occupancy is hereby furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request, and by payment to the City of the fee set forth in the City of Beacon fee schedule,[1] the Building Inspector shall issue a certificate of occupancy for any building or premises certifying, after inspection, that the extent and kind of use and disposition conforms to the provisions of this chapter.

[1] Editor's Note: The fee schedule is on file in the City offices.

§ 223-53 Penalties for offenses; additional remedies.

A. General provisions. Any person, firm, corporation or other entity who uses or maintains, or causes to be used or maintained, any building or premises or any part thereof for any purpose other than the uses permitted therefor by this chapter or who erects, enlarges, alters or maintains, or causes to be erected, enlarged, altered or maintained, any building or any part thereof, except in accordance with the provisions of this chapter or any regulation made under authority conferred thereby, or who uses or maintains, or causes to be used or maintained, any building or any part thereof which has been erected, enlarged or altered other than in conformity with the provision of this chapter or who otherwise violates or causes to be violated any provision of this chapter or who allows any violation of this chapter on premises owned or leased by him, or otherwise under his control, including control as an agent or contractor, shall be guilty of a violation of this chapter.

B. Violations and penalties. A violation of any provision of this chapter is an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.

[Amended 3-16-1992 by L.L. No. 2-1992]

C. Complaints of violations. Whenever a violation of this chapter occurs, any person may file a written complaint in regard thereto with the Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the City Council.

D. Additional remedies. In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained or any building, structure, land or premises is used in violation of this chapter or any regulation made pursuant thereto or under authority conferred thereby, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful erection, construction, reconstruction, alteration, conversion, repair, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, land or premises or to prevent any illegal act, conduct, business or use in or about such premises. The Building Inspector shall serve written notice, either by personal service or by certified mail, return receipt requested, addressed to the premises of such violation, on the person or corporation committing or permitting the same, and, if such violation does not cease within such time as the Building Inspector shall specify, but not less than five days, he may institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.

§ 223-54 Board of Appeals.

[Amended 5-2-2016 by L.L. No. 7-2016[1]; 2-21-2017 by L.L. No. 2-2017]

A. A Board of Appeals, as heretofore established by City Council, is hereby maintained. The Board of Appeals shall consist of five members appointed by the Mayor, each to serve for a term of three years, except that the members of the first Board shall be appointed for the following terms: one member for one year, two members for two years and two members for three years. Vacancies for the unexpired terms of any members shall be filled for such unexpired period only.

B. The Mayor shall designate a Chairman, or upon the Mayor's failure to do so, the Board of Appeals shall choose its own Chairman and, in his absence, an Acting Chairman. Such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.

C. All meetings of such Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact. The concurring vote of three members of the Board shall be necessary to decide in favor of the applicant on any matter upon which such Board is required to pass under the provisions of this chapter.

[1] Editor's Note: This local law also provided that the changes to Subsection A, below, would not take effect until 12-31-2016.

§ 223-55 Powers and duties of Board of Appeals.

A. General. The Board of Appeals shall have all the powers and duties prescribed by the General City Law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following sections shall be deemed to limit any of the power of the Board of Appeals that is conferred to the General City Law. The Board of Appeals shall adopt such rules and regulations as may be necessary or proper to the performance of its powers and duties hereunder and may amend or repeal the same. All provisions of this chapter relating to the Board of Appeals shall be strictly construed. The Board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein.

B. Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter or on request from any official or agency of the City, the Board of Appeals shall have authority to decide any question involving the interpretation of any provision of this chapter, including determination of the exact application of the rules specified in § 223-4.

C. Variances. On appeal from an order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter, the Board of Appeals shall have the power to vary or adjust the strict application of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done in accordance with the standards set forth herein as such standards may be amended from time to time by the New York State Legislature.

[Amended 5-2-2016 by L.L. No. 7-2016]

(1) Use variances.

(a) The Board of Appeals, upon appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances.

(b) No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

[1] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

[2] The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

[3] The requested use variance, if granted, will not alter the essential character of the neighborhood; and

[4] The alleged hardship has not been self-created.

(c) The Board of Appeals, in granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(2) Area variances.

(a) The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances.

(b) In making a determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such a determination the board shall also consider:

[1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting the area variance;

[2] Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;

[3] Whether the requested area variance is substantial;

[4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

[5] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(c) The Board of Appeals, in granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

D. [1]Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.

[1] Editor's Note: Former Subsection D, Exceptions, was repealed 5-2-2016 by L.L. No. 7-2016. This local law also provided for the redesignation of former Subsection E as Subsection D.

§ 223-56 Appeal procedure.

[Amended 7-18-2011 by L.L. No. 11-2011; 10-3-2011 by L.L. No. 12-2011; 4-21-2014 by L.L. No. 1-2014; 5-2-2016 by L.L. No. 7-2016]

All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications to the Board shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least three weeks prior to the regular Board of Appeals meeting at which it will be considered. Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provision of the chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted or the use for which a permit is sought.

§ 223-57 Notice of hearing before Board of Appeals.

[Amended 12-18-2000 by L.L. No. 22-2000; 5-2-2016 by L.L. No. 7-2016]

Notice of hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter.

§ 223-58 Referral of appeal to Planning Board.

[Amended 5-2-2016 by L.L. No. 7-2016]

Upon receipt of an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Secretary of the Planning Board for distribution to the Planning Board Members a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing, and the Planning Board may, prior to the date of said hearing, submit to the Board of Appeals an advisory opinion on said application or appeal.

§ 223-59 Decision by Board of Appeals.

[Amended 10-3-2011 by L.L. No. 12-2011; 5-2-2016 by L.L. No. 7-2016]

Every decision of the Board of Appeals shall be by resolution, shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision was based. Prior to any final decision of the Board of Appeals, the applicant shall submit a current certificate of inspection issued pursuant to § 179-6 of this Code. Timely notice of all decisions shall be given to all parties to the proceedings. The Board shall file a copy of each such with the City Clerk, Planning Board and the Building Inspector. The Board of Appeals shall report to the City Council periodically, at intervals of not greater than 12 months, summarizing all applications and appeals made to it since its last previous report and summarizing its decisions on such applications and appeals. A copy of such report shall be filed with the Planning Board and the Building Inspector at the same time that it is filed with the City Council.

§ 223-60 Judicial review.

Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any Commissioner, officer, department, board or bureau of the City may apply to the Supreme Court of the State of New York for relief in the manner provided for by law.

§ 223-61 Fees.

[Amended 1-21-1985; 5-15-1989; 6-15-1992 by L.L. No. 5-1992; 3-1-1993 by L.L. No. 1-1993; 4-18-1994 by L.L. No. 4-1994; 8-16-1999 by L.L. No. 15-1999; 10-16-2000 by L.L. No. 14-2000; 5-19-2003 by L.L. No. 5-2003; 10-17-2005 by L.L. No. 13-2005; 4-7-2008 by L.L. No. 4-2008; 1-26-2009 by L.L. No. 1-2009; 1-26-2009 by Res. No. 25-2009; 7-6-2010 by Res. No. 10-2010]

A. The City Council shall establish a schedule of fees in connection with the administration and enforcement of this chapter for the following:

(1) Building permit fees as set forth in the City of Beacon fee schedule.[1]

[1] Editor's Note: The fee schedule is on file in the City offices.

(2) Application for certificate of occupancy as set forth in the City of Beacon fee schedule.

(3) Application for site plan as set forth in the City of Beacon fee schedule.

(4) Application for special use permit as set forth in the City of Beacon fee schedule.

(5) Application taken to the Zoning Board of Appeals in accordance with § 223-56 of this chapter as set forth in the City of Beacon fee schedule.

(6) Application for zoning amendment, supplement, change, modification or repeal of the zoning regulations or district boundaries, in accordance with Article VII of this chapter as set forth in the City of Beacon fee schedule.

(7) Recreation fees as set forth in the City of Beacon fee schedule.

(8) Rental permit fee as set forth in the City of Beacon fee schedule.

B. The schedule of fees is in addition to any and all other fees required by this or any other section of this chapter or any other City ordinance or regulations.

§ 223-61.1 Escrow accounts.

[Added 3-1-1993 by L.L. No. 1-1993; amended 5-19-2003 by L.L. No. 5-2003; 10-4-2004 by L.L. No. 36-2004; 3-21-2011 by L.L. No. 2-2011]

In addition to the collection of the fees specified in § 223-61 above, the applicant is responsible for reimbursing the City for the cost of professional review fees in connection with an application submitted to the City. For this purpose, the permitting authority shall establish an escrow account funded by the applicant in accordance with the procedure set forth in this chapter.

A. The escrow account shall be established in accordance with the City of Beacon fee schedule.[1]

[1] Editor's Note: The fee schedule is on file in the City offices.

B. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. In the case of post-approval inspections and reviews involving construction, the City may issue a stop-work order. No subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the City. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant’s project have been reimbursed to the City and a new escrow account has been established to cover all post-approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post-approval inspection and review of the project have been reimbursed to the City. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project or, where applicable, the road has been accepted by the City and the one-year maintenance period has expired. The applicant shall be required by the permitting authority from time to time to deliver additional funds to the City for deposit in the escrow account if such additional funds are required to pay for professional consultation services rendered to the City or anticipated to be rendered. Such additional funds shall be delivered to the City before any further consideration of the applicant’s project takes place.

C. The permitting authority shall not make any preliminary, conceptual, project-specific or final determination on an application until all application review fees imposed on the applicant have been paid to the City.

D. Escrow funds may be refunded to the applicant only when the applicant formally withdraws the application from consideration by the permitting authority, or when the applicant receives a final determination from the permitting authority; in either case, all reimbursable charges incurred by the City shall first be deducted from the escrow account, leaving an unencumbered balance that is not required by the permitting authority to pay consulting costs attributable to the application fees collected in accordance with § 223-61 above, which shall not be refunded.

E. The imposition of escrow account fees are in addition to and not in place of other fee schedules currently in force.

§ 223-61.2 Environmental quality review.

[Added 3-1-1993 by L.L. No. 1-1993]

If the permitting authority is the lead agency in the environmental review of an application in accordance with the State Environmental Quality Review (SEQR) Act, the permitting authority shall impose the fees authorized by Part 617 of Title 6 of the New York Codes, Rules and Regulation (the implementing regulations pertaining to Article 8 of the Environmental Conservation Law) in connection with the environmental review of the application. The permitting authority shall utilize an escrow account in accordance with the procedures in § 223-61.1 above for this purpose.

§ 223-61.3 Hearing notice requirements.

[Added 5-2-2016 by L.L. No. 7-2016; amended 2-20-2018 by L.L. No. 4-2018; 10-15-2018 by L.L. No. 18-2018; 5-4-2020 by L.L. No. 4-2020]

Prior to any public hearing required for applications for approval of a site development plan, special permit, subdivision, or any public hearing before the Board of Appeals, the applicant shall comply with the following notice requirements at its sole cost and expense:

A. The City shall submit a notice of public hearing to the official City newspaper and one additional local newspaper for publication at least five days before such hearing. The applicant shall reimburse the City for the cost of such publications.

B. Notice of hearing shall be sent by the applicant, by certified mail (return receipts not required), to all property owners within a distance of 250 feet of any boundary of the subject property which is the subject of an application involving single-family or two-family properties, and to all property owners within a distance of 500 feet of any boundary of the subject property which is the subject of an application involving multifamily properties, nonresidentially zoned properties or nonresidential uses. Notice shall be provided to property owners on both sides of the street on which the subject property fronts, to the adjoining property owner or owners to the rear of the property affected, and to all nonowner occupants of the property affected at least 10 days before the hearing. For purposes of notice, a property shall be deemed to have nonowner occupants when the primary owner mailing address on file with the City of Beacon Tax Assessor is different than the property address. In such case, a notice shall be mailed to the property addressed to the occupant and, if a multifamily dwelling, then to all individual dwelling units on the property. Prior to the public hearing, the applicant shall submit to the secretary of the applicable board a signed affidavit of mailing setting forth details of the mailing, including date of mailing, names and addresses to whom the mailing was sent, and a copy of the notice of hearing.

C. Public notice signs.

(1) The applicant shall post one notification sign on the subject property or, in the case of a corner lot post, a notification sign on all abutting streets, no later than 10 days prior to the initial public hearing and any continued public hearing thereafter. The applicant shall update said sign at least 10 days prior to every public hearing at which the applicant's matter will be heard. The Building Inspector may require, in his or her discretion, the applicant to post an additional public notice sign, based on topography of the surrounding land, parcel size and shape, or any other factors the Building Inspector, in his or her discretion, feels may impact effective public notice.

(2) Such sign shall be at least two feet by three feet in size, consist of sturdy and serviceable material containing a white background with black letters and be placed in a location visible from the most commonly traveled street or highway upon which the property fronts or, in the case of a corner lot, on all streets, but in no case more than 20 feet back from the front lot line. Such sign shall read as follows, in legible lettering with the heading at least five inches in height and the content at least two inches in height:

PUBLIC NOTICE A PUBLIC HEARING FOR A [application type] APPLICATION WILL BE HELD BY THE CITY OF BEACON [City Council, Planning Board, or Zoning Board of Appeals] ON [insert date] AT [insert time] P.M. AT THE CITY OF BEACON CITY HALL, 1 MUNICIPAL PLAZA, BEACON, NY ADDITIONAL INFORMATION IS AVAILABLE AT THE BEACON BUILDING DEPARTMENT [phone]

(3) In the event that the applicant shall appear before more than one board, the sign shall be appropriately revised to reflect the time and place of each board's meeting. At least two working days before the public hearing, the applicant shall also submit to the secretary of the applicable board a signed affidavit certifying to the fact and date of said posting.

(4) The applicant shall, in good faith, maintain the public notice sign in good condition throughout the posting period.

(5) The applicant shall remove the notification sign within five days of the adoption of any resolution concerning the application.

D. Modifications to notification requirements. The approval authority may modify the notification requirements set forth in this section herein unless required elsewhere by county or state law.

§ 223-61.4 Disclosure.

Every application, petition or request submitted for a variance, amendment, change of zoning, any license, certificate or permit, special use or exception, approval of plot plans or subdivision maps, with respect to the use, improvement, change or alteration of any land, building or structure erected or to be erected thereon and every application for a building permit or certificate of occupancy shall, in addition to the general requisites for such application, petition or request and at the time of filing such application, petition or request, be accompanied by a sworn statement which shall contain the following information, where required:

A. If the affiant is an individual, he or she shall set forth his or her name, residence address and his or her residence telephone number.

B. If the affiant is a partnership, joint venture or other business entity, except a corporation, it shall set forth:

(1) The name, address and telephone number of the business entity or partnership.

(2) The date such business entity or partnership was established or created.

(3) The place where such business entity or partnership was created or established and the official Registrar's or Clerk's office where the documents and papers creating or establishing such business entity or partnership were filed.

(4) The names, residence addresses and residence telephone numbers of all parties in interest in such business entity or partnership, showing the nature and extent of the interest.

C. If the affiant is a corporation, it shall set forth the following:

(1) The name, principal business address and telephone number of the corporation.

(2) The place, date and method of incorporation and the official place where the documents and papers of incorporation have been filed and the name and address of each incorporator.

(3) The name, residence address and telephone number of every officer, director and shareholder as of the date of filing or submission of the application, request or petition.

(4) The name and business or residence address and telephone number of all persons to whom corporate stock has been pledged, mortgaged or encumbered and with whom any agreement has been made to pledge, mortgage or encumber said stock.

D. The name, residence or business address and telephone number of all owners of record of the subject property or any part thereof; the date and manner title was acquired; and the date and place where the deed or document of conveyance was recorded or filed.

E. The name, residence or business address and telephone number of each person having any mortgage, encumbrance or other interest (recorded or unrecorded) in the subject property, together with the nature and extent thereof.

F. Whether any owner, of record or otherwise, is an officer, director, stockholder, agent or employee of any person referred to in Subsection A, B, C or E of this section.

G. Whether any person referred to in Subsection A, B, C, D or E of this section was known by any other name within five years preceding the date of the application, request or petition, and, if so, such other names.

H. Whether any person named in Subsection A, B, C, D or E of this section is an official, elected or appointed, or employee of the City of Beacon or related, by marriage or otherwise, to an official or employee of the City of Beacon and, if so, the nature of such relationship.

I. The name and address of each person, business entity, partnership and corporation in the chain of title of the subject premises for the five years next preceding the date of the application, request or petition.

J. If the applicant is not one of the record owners of the subject property, 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.

K. Where the record owner or contract vendee is a corporation, the following additional information shall be submitted with the application:

(1) The name and principal business address and telephone of the corporation.

(2) The method, date and place of incorporation, together with the name and address of each incorporator and the place where the documents of incorporation have been filed.

(3) The name, residence or business address and telephone number of each officer, director and shareholder of the corporation.

(4) Whether any shares of the stock of the corporation or of any stockholder have been pledged, mortgaged or encumbered and, if so, the name and address of each person having, holding, owning or claiming such interest.

L. 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.

M. Such additional information as may be requested by the board, agency or commission having jurisdiction over such application, request or petition, pertaining to ownership, operation or control of the subject property.

N. The provisions of § 223-61.4C(2), (3) and (4) and K(2), (3) and (4) shall not apply where the corporation named in said sections is a corporation the shares of stock of which are publicly traded on a recognized stock exchange.

O. In the event that there is any change in any matter set forth on any affidavit submitted hereunder prior to the time a determination is made concerning the subject application, request or petition, the affiant shall file a supplemental affidavit within 48 hours after such change has occurred, giving the full details thereof and in compliance with the requirements of this chapter, and shall thereafter be subject to all the requirements set forth in this chapter.