Village of Thomaston, NY Chapter 80 Disclosure

[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston 7-14-1980 by L.L. No. 19-1980 as Ch. 9, Art. II, of the 1980 Code; amended in its entirety 9-28-1993 by L.L. No. 16-1993. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Code of Ethics — See Ch. 19.

§ 80-1 Contents of applications.

Every application, petition or request, whether formal or informal, 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 (other than such permit or certificate for a single-family residence) 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 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 (5) 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 Village of Thomaston or related, by marriage or otherwise, to an official or employee of the Village of Thomaston 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 (5) 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, contract vendee or any person holding, owning or having any mortgage, encumbrance or other interest in the subject property, or any part thereof, 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.

§ 80-2 Nonapplicability.

The provisions of § 80-1C(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.

§ 80-3 Oath of corporate officers.

Where the applicant is a corporation, the statements herein provided for shall be sworn to by the president or a vice president and by the secretary or an assistant secretary of such corporation.

§ 80-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PERSON

Includes a natural person, partnership (limited or general), joint venture, trust, trustee, executor, administrator, contract vendee, corporation or any other legal entity.

§ 80-5 Compliance required.

No application as referred to in § 80-1 shall be deemed complete or fully submitted unless and until said application fully complies with the provisions of this chapter and any other applicable disclosure requirements.

§ 80-6 Submission of information before final determination.

Wherever any board, agency or commission before which any application is presently pending and undetermined shall request the information as provided in this chapter, such information shall be submitted prior to final determination or decision on such application.

§ 80-7 Supplemental affidavit.

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 forty-eight (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.

§ 80-8 Additional requirements.

The provisions of this chapter shall be in addition to any other disclosure requirements made applicable to any application by any other law.