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HomeMy WebLinkAbout1996 Code Supplement - 05/10/19960 GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 111 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. REMOVE INSERT 1003 —1004 1003 —1004 1004.1 1009— 1012 1009 —1012 1012.1 4401 — 4409 4401 — 4409 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-1996; 2-1996. 6-10-96 § 10-1 ETHICS, CODE OF § 10-2 GENERAL REFERENCES Assessors — See Ch. 4. Police Department — See Ch. 18. ARTICLE I General Provisions • § 10-1. Legislative intent. The purpose of this chapter is to establish minimum standards of ethical conduct for town officers and employees, to help ensure that the business of government is free from improper influence that may result from opportunities for private gain. At the same time, it is recognized that public service cannot require a complete divesting of all proprietary interest nor impose overly burdensome disclosure requirements, if local governments are to attract and hold competent adminis- trators. Although the assurance of ethical conduct will continue to rest primarily on the personal integrity of the officers and employees themselves, on the commitment of elected and appointed officials and on the vigilance of their communities, the establishment of the standards and guidelines set forth in this chapter is an additional step toward providing the highest caliber of public administration for local governments and increased confidence in public officials. By requiring public annual disclosure of interests that may influence or be perceived to influence the actions of public officials, this chapter is intended to facilitate consideration of potential problems before they arise, to minimize unwarranted suspicion and to enhance the accountability of government to the people. • § 10-2. Definitions. Unless otherwise stated or unless the context otherwise requires, when used in this chapter the terms herein shall have the meanings indicated: 1003 3-25-95 § 10-2 SOUTHOLD CODE § 10-2 APPEAR and APPEAR BEFORE — Communicating in any form including, without limitation, personally, through another person, by letter or by telephone. CUSTOMER or CLIENT: A. Any person to whom a town officer or employee has supplied goods or services during the previous twelve (12) months having, in the aggregate, a value • greater than one thousand dollars ($1,000.). B. Any person to whom a town officer's or employee's outside employer or business has supplied goods or services during the previous twelve (12) months having, in the aggregate, a value greater than one thousand dollars ($1,000.) but only if the officer or employee knows or has reason to know the outside employer or business supplied the goods or services. GIFT and FINANCIAL BENEFIT — Money, services, licenses, permits, contracts, authorizations, loans, travel, entertainment, hospitality, career advancement or any promise thereof or any other gratuity or promise thereof. A financial transaction may be a "financial benefit" but shall not be a "gift" unless it is on terms not available to the general public. "Gift" and "financial benefit" do not include campaign contributions authorized by law. OUTSIDE EMPLOYER or BUSINESS: A. Any activity, other than services to the town, from which the town officer, employee or household member receives compensation for services rendered or goods sold or produced. B. Any entity, other than the town, of which the town officer, employee or household member is a member, • officer or employee and from which he or she receives compensation for services rendered or goods sold or produced. C. Any entity in which the town officer, employee or household member has an ownership interest, 1004 3-25-95 § 10-15 ETHICS, CODE OF § 10-16 A. An action specifically authorized by statute, rule or regulation of the Town of Southold, the State of New York or of the United States. B. A ministerial act. C. Gifts: (1) Received by the town officer or employee from his or her parent, spouse or child. (2) Having an aggregate value of five hundred dollars ($500.) or less during any twelve-month period. (3) Accepted on behalf of the town and transferred to the town. D. Gifts or benefits having a value of one hundred dollars ($100.) or less that are received by a town officer or employee listed in § 11 of the Domestic Relations Law for the solemnization of a marriage by that officer or employee at a place other than his or her normal place of business or at a time other than his or her normal hours of business. E. Awards from charitable organizations. F. Receipt of town services or benefits or use of town facilities that are generally available on the same terms and conditions to residents or a class of residents in the town. G. Representation of constituents by elected officials without compensation in matters of public advocacy. ARTICLE III • Disclosure Requirements § 10-16. Annual disclosure. A. Officers and employees required to file. The following classes of officers and employees of a town shall be required to file a signed annual disclosure statement: 1009 3-25-95 § 10-16 SOUTHOLD CODE § 10-16 (1) Officers and employees who are elected. (2) The heads of departments and their deputies and other persons authorized to act on their behalf. (3) Officers and employees who hold policy-making positions, including members of the boards of the town. (4) Officers and employees whose job descriptions or actual duties involve the negotiation, authorization or approval of nonministerial permits or licenses or variances. B. Time and place for filing. Annual disclosure statements shall be filed with the town's Ethics Board: (1) Within one hundred twenty (120) days after the effective date of this section. (2) Within thirty (30) days after becoming subject to the requirements of Subsection A of this section. - (3) No later than May 15 of each year thereafter. C. Changes in disclosed information. Within thirty (30) days after a change in the information contained in his or her most recently filed annual disclosure statement, an officer or employee shall file a signed amendment to the statement indicating the change. D. Contents of annual disclosure statement. The annual disclosure statement shall: (1) Disclose, with respect to any office, trusteeship, directorship, partnership or other position held in a business, association, proprietary or not-for-profit association held by a town officer, employee or spouse, the nature of the position and the name and • address of the organization. (2) Give the title of the position and the name .and address of any employer of the officer, employee or spouse which is a source of income in excess of five hundred dollars ($500.). 1010 3-25-95 § 10-16 ETHICS, CODE OF § 10-16 (3) Describe the nature and location of any real property or investments within the town, or within one (1) mile of the boundary of the town, in which the officer, employee or spouse has a financial interest. (4) Identify each interest in a trust, estate or similar beneficial interest (except for IRS eligible retirement plans) in which the officer, employee or spouse has an investment in excess of two thousand dollars ($2,000). (5) List the name and address of donors of all gifts received by the officer, employee or spouse, excluding gifts from a relative, which have an estimated value in excess of five hundred dollars ($500.). (6) Identify the name, address and general nature of reimbursement for travel expenses in excess of two hundred fifty dollars ($250.) for any matter that relates to your official duties. (7) Describe any interest the officer, employee or spouse has in any contract involving the town. (8) Identify the name and address of any person to whom the officer, employee or spouse owes a debt in excess of five thousand dollars ($5,000.). E. Good -faith efforts. Failure to disclose the information required by this section with respect to town officer's or employee's spouse or other relative shall not constitute a violation of that subsection if the officer or employee has made a good -faith effort to obtain the information and if • he or she also sets forth those efforts in his or her disclosure statement. 1011 3-25-95 § 10-17 SOUTHOLD CODE § 10-19 § 10-17. Designation of officers and employees required to file annual disclosure statements. A. Within ninety (90) days after the effective date of this chapter, and during the month of March each year thereafter, the Town Board of the Town of Southold shall: (1) Cause to be filed with the town's Ethics Board a list • of names and offices or positions of all officers and employees of the town required to file annual disclosure statements pursuant to this chapter. (2) Notify all such officers and employees of their obligation to file an annual disclosure statement. § 10-18. Maintenance of disclosure statements. A. The Town Clerk shall transmit promptly to the Ethics Board each annual disclosure statement filed with the Clerk pursuant to this chapter. B. The Ethics Board shall index and maintain on file, for at least seven (7) years, all annual disclosure statements filed with the Board. ARTICLE IV Ethics Board § 10-19. Establishment of Ethics Board. A. A Southold Town Ethics Board of three (3) persons shall be appointed by the Town Board. The Ethics Board may establish rules for its own operations, which shall be • available to the public, but whether included or not, the following procedures shall pertain to its activities: (1) The Ethics Board shall state, in writing, the disposition of every request for opinion and every investigation it conducts and the reasons for the 1012 3-25-95 ENVIRONMENTAL QUALITY REVIEW Chapter 44 ENVIRONMENTAL QUALITY REVIEW § 44-1. Title. § 44-2. Definitions. § 44-3. Compliance required; exceptions. § 44-4. Types of actions. § 44-5. Filing of written statement by applicant. § 44-6. Notice of receipt of complete application. § 44-7. Time limit for written determination by agency. § 44-8. Processing of proposed actions. § 44-9. . Preparation of draft environmental impact statement. § 44-10. Notice of completion of draft environmental impact statement. § 44-11. Processing of proposed actions not affecting environ- ment. § 44-12. Preparation of final environmental impact statement. § 44-13. Notice of completion of final environmental impact statement. § 44-14. Decision to approve or disapprove action; time limit. § 44-15. ,Required findings in written determination. § 44-16. Filing of copy of determination. - § 44-17. Maintenance of files open to public inspection. § 44-18. Actions involving more than one agency. § 44-19. Exempt actions; modifications. § 44-20. Fee. 4401 7-25-78 l § 44-1 SOUTHOLD CODE § 44-3 § 44-21. When effective. [HISTORY: Adopted by the Town Board of the Town of Southold 5-9-78 as .Local Law No. 3-1978. Amendments noted where applicable.] GENERAL REFERENCES • Wetlands — See Ch. 97. § 44-1. Title. This chapter shall be known and may be cited as the "En- vironmental Quality Review Law of the Town of Southold." § 44-2. Definitions. A. As used in this chapter, the following terms shall have the meanings indicated: RULES — Refers to Part 617 of Title 6 of the New York Codes, Rules and Regulations adopted by the Com- missioner of Environmental Conservation. TOWN — The Town of Southold. TOWN AGENCY — Any department, board, commission, officer or employee of the Town of Southold. B. Except as otherwise provided in this section, or unless the context otherwise requires, the words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations (NYCRR). § 44-3. Compliance required; exceptions. No decision to carry out or approve an action, other than an action listed in § 44-4B hereof or Section 617.12 of the Rules, as a 4402 7-25-78 § 44-3 ENVIRONMENTAL QUALITY REVIEW § 44-5 Type II action shall be made by a town agency until there has been full compliance with all requirements of this chapter and the Rules; provided, however, that nothing herein shall be construed as prohibiting: A. The conducting of contemporaneous environmental, engineering, economic feasibility or other studies and • preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not commit the town to approve, commence or engage in such action. B. The granting of any part of an application which relates only to technical specifications and requirements, provided that no such partial approval shall entitle or permit the applicant to commence the action until all requirements of this chapter and the Rules have been fulfilled. § 44-4. Types of actions. A. Consistent with the Rules and the criteria therein, the actions listed in Section 617.12 of the Rules as Type I actions are likely to have a significant effect on the en- vironment. B. Consistent with. the Rules and the criteria therein, the actions listed in Section 617.12 of the Rules as Type II actions are deemed not to have a significant effect on the environment. § 44-5. Filing of written statement by applicant. For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the en- vironment, applicants for permits or other :approvals shall file a written statement with the town agency having jurisdiction setting forth, the name of the applicant, the location of the real property affected, if any, a description of the nature of the proposed action and the effect it may have on the environment. In addition, the applicant may include a detailed statement of the 4403 7-25-78 § 44-5 SOUTHOLD CODE § 44-7 reasons why, in the applicant's view, a proposed action may or will not have a significant effect on the environment. If the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement required herein shall be upon'a form prescribed by the 'town and shall contain such additional relevant information as may be required. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant ex- • planatory material required by the town agency. § 44-6. Notice of receipt of complete application. Upon receipt of a complete application and a statement, the town agency shall cause a notice thereof to be posted on the Town Clerk's signboard and may also cause such notice to be published in the official town newspaper describing the nature of the proposed action and stating that written views thereon of any person shall be received by the town agency no later than a date specified in such notice. § 44-7. Time limit for written determination by agency. A. The town agency shall render a written determination on such application within fifteen (15) days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the town agency. The determination shall state whether such proposed action may or will not have a significant effect on the en- vironment. The town agency may hold informal meetings • with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination on the application. B. The time limitations provided herein shall be coordinated with, to the extent practicable, other time limitations provided by law, rule or regulation of the town. 4404 7-25-78 § 44-8 ENVIRONMENTAL QUALITY REVIEW § 44-9 § 44-8. Processing of proposed actions. A. If the town agency determines that the proposed action will not have a significant effect on the environment, the town agency shall prepare, file and circulate such deter- mination as required by Section 617.7(b) of the Rules, and thereafter the proposed action may be processed without further regard to this chapter. B. If the town agency determines that the proposed action may have a significant effect on the environment, it shall prepare, file and circulate such determination as required by Section 617.7(b) of the Rules, and thereafter the proposed action shall be reviewed and processed in ac- cordance with the provisions of this chapter and the Rules. § 44-9. Preparation of draft environmental impact statement. Following a determination that a proposed action may have a significant effect on the environment, the town agency shall, in accordance with the provisions of the Rules: A. In the case of an action involving an applicant, im- mediately notify the applicant of the determination and request the applicant to prepare a draft environmental impact statement. B. In the case of an action not involving an applicant, prepare or cause to be prepared a draft environmental impact statement. C. If the applicant decides not to submit a draft en- vironmental impact statement, prepare or cause such statement to be prepared or, in its discretion, notify the applicant that, by reason of applicant's decision not to submit such statement, his application is deemed to be withdrawn and no further action will be taken thereon. The town agency may require the applicant to submit a fee to defray the expense of the preparation and/or review of such statement. 4405 7-25-78 § 44-10 SOUTHOLD CODE § 44-11 § 44-10. Notice of completion of draft environmental impact statement. A. Upon completion of a draft environmental impact statement prepared by or at the request of the town agency, a notice of completion, containing the information specified in Section 617.7(d) of the Rules shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of the Rules. In addition, such notice shall be published in the official town newspaper and a copy thereof posted on the Town Clerk's signboard. Copies of the draft en- vironmental impact statement and the notice of completion shall be filed, sent and made available as required by Section 617.7(e) and (f) of the Rules. B. In the event that the town agency determines that a public hearing shall be held on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official town newspaper at least ten (10) days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence no less than fifteen (15) calendar days nor more than sixty (60) calendar days of the filing of the draft environmental impact statement, unless the town agency determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law. § 44-11. Processing of proposed actions not affecting environ- ment. If, on the basis of a draft environmental impact statement or a public hearing thereon, the town agency determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter. 4406 7-25-78 r~a § 44-12 ENVIRONMENTAL QUALITY REVIEW § 44-15 § 44-12. Preparation of final environmetal impact statement. The town agency shall prepare or cause to be prepared or direct the applicant to prepare the final environmental impact state- ment. Such final environmental impact statement shall be pre- pared within forty-five (45) days after the close of any hearing or within sixty (60) days after the filing of the draft environmental impact statement, whichever last occurs. Notwithstanding the foregoing, the town agency may extend such time when necessary to adequately complete the statement or where problems iden- tified with the proposed action require material reconsideration or modification. § 44-13. Notice of completion of final environmental impact statement. A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 44-10 hereof and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement. § 44-14. Decision to approve or disapprove action; time limit. No decision to carry out or approve an action which has been the subject of a final environmental impact statement by a town agency or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the town agency has been lead agency for an action, it shall make a decision whether or not to approve the action within thirty ® (30) days of the filing of the final environmental impact statement. § 44-15. Required findings in written determination. When the town agency decides to carry out or approve an action which,may have*a significant effect on the environment, it shall make the following findings in a written determination: 4407 7-25-78 § 44-15 SOUTHOLD CODE § 44-19 A. Consistent with social, economic. and other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant en- vironmental impact statements. B. All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse en- vironmental effects. § 44-16. Filing of copy of determination. For public information purposes, a copy of the determination shall be filed and made available as provided by the Rules. § 44-17. Maintenance of files open to public inspection. The town shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by a town agency. § 44-18. Actions involving more than one agency. Where more than one (1) agency or department is involved in an action, the procedures of Sections 617.4 and 617.8 of the Rules shall be followed. § 44-19. Exempt actions; modifications. Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and the Rules; provided, however, that if after such dates a town agency modifies an action undertaken or approved prior to that date and such 4408 7-25-78 _ § 44-19 ENVIRONMENTAL QUALITY REVIEW § 44-21 agency determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this -chapter and 6 NYCRR 617. § 44-20. Fee. [Amended 8-23-88 by L.L. No, 21-1988] • Where an action subject to this chapter involves an applicant, a fee shall be paid to the town in accordance with 6 NYCRR 617.17. Where the town must prepare a final environmental impact statement, the fee charged to the applicant shall be the actual cost incurred by the town. • § 44-21. -When effective This chapter shall take .effect immediately. 4409 11-25-88