The subject property contains environmentally unique or sensitive features, including but not limited to fresh or salt water wetlands, scenic views, wildlife habitat, including habitat for endangered species and/or rare animal and plant species, forests, ponds, rivers or streams, steep slopes, other rare or unusual geological features, or other natural features which the Board determines need to be preserved and/or protected.

The subject property contains historic sites and/or structures of significance.

The subject property contains significant archeological resources.

The subject property provides significant scenic views.

Reconfiguration of old, filed subdivision maps, based on single and separate lots.

The subject property is adjacent to or in close proximity to an existing local or regional recreational trail, protected open space, protected preserve, protected forest or other protected lands.

The property is part of an established or proposed greenbelt area.

The subject property contains prime agricultural soils.

The unit yield shall in no case exceed the unit yield which could be permitted, in the Planning Board's judgment, were the land to be subdivided into a conventional plat conforming with the applicable bulk requirements of the Code.

In the event that the subject property is located in two or more zoning districts, the unit yield shall be limited to the cumulative density as derived from the yield proportionately attributable to the property located in each of the zoning districts; in such case, improvements may be located without regard to the location of the underlying zoning districts.

In the case of residential plats subject to cluster development as set forth in this section, the dwelling units permitted may be, at the discretion of the Planning Board, detached, semidetached, attached, or located within multistory structures.

Development may be clustered on one of two or more parcels.

The Board may impose conditions as it deems reasonably necessary and/or appropriate.

The Town Board may grant additional yield as an incentive for the dedication of environmentally sensitive lands.

A survey of the entire site, showing proposed lot lines, zoning lines, existing pavement, existing dwellings, existing and proposed topography, site data table, key map, existing conditions within 200 feet of the subject property, all special district lines and drainage in the area and ownership of the site and surrounding properties.

A completed application on a form to be supplied by the Planning Board.

An application fee in the amount as established by Town Board resolution. If the Planning Board determines that the applicant must file a preliminary plat, then this fee shall be in lieu of the preliminary filing fee as established by Town Board resolution.

A recreation fee as established by Town Board resolution.

A chain of title may be required at the discretion of the Planning Board.

The Board of Appeals, in its review, shall consider the written recommendation(s) of the Planning Division.

The owner of the subject property may be required to file a declaration of covenants and restrictions in such form as shall be approved by the Town Attorney, including, but not limited to, the following:

The applicant shall pay a recreational fee as established by Town Board resolution.

If the erection, alteration or usage of and building, structure or premises for sewage disposal and treatment facilities is to be erected, altered or used in conjunction with a subdivision, the site plan may be considered simultaneously with the preliminary plan or layout of said subdivision, provided that the applicant shall have first obtained approval of the location from the Suffolk County Department of Environmental Control.

In the event that the sewage disposal and treatment facility is to be erected, altered or used in conjunction with a subdivision, the preliminary and final maps, including the map to be ultimately filed in the Suffolk County Clerk's office, shall clearly designate the proposed location of the sewage disposal and treatment facility and shall clearly indicate the proposed location of the buildings and structures to be erected thereon.

Notwithstanding any provisions of law to the contrary, including the Subdivision Regulations of the Town of Brookhaven,[1] notice of said public hearing shall be published in a newspaper circulating in the Town of Brookhaven at least 10 days before said public hearing, and notice of said public hearing shall be mailed by the developer by certified mail, return receipt requested, to the owners of all property within 500 feet of the perimeter of the area shown on the site plan or preliminary map, or both, as the proposed location of the sewage disposal and treatment facility. For the purposes of this section, the word "owner" means the owner as shown on the current Brookhaven Town assessment roll. Said notice shall contain the following:

The affidavit of mailing to all adjacent owners shall be filed with the Planning Board at the time of the public hearing, together with the return receipts. In the event that all return receipts have not been received by that time, the applicant shall file the same or account for all mailings within 30 days following the public hearing.

Following the public hearing, the Planning Board may approve the application for the location of the sewage disposal and treatment facility, may approve the same with modification or may deny the same.

Review, approve and periodically revise an inventory of agricultural lands within the Town, as prepared by the Department of Planning and Environment, to be employed as a resource in prioritizing the preservation of agricultural lands.

Recommend to the Town Board agricultural lands from which development rights should be purchased.

Review, provide comment and make recommendations to the Town Board on land use policies, programs and related matters relevant to agricultural lands or the agricultural industry.

Review and make recommendations to the Town Board and the Commissioner of Planning and Environment with regard to establishing policy and the implementation of agricultural easements and other land use planning and preservation tools and programs to enhance and encourage the preservation and establishment of agricultural industries within the Town.

Review and provide comment on any contracts, leases, licenses or other agreements regarding the use of agricultural lands for which the Town has acquired the development rights or has acquired in fee simple.

Review and provide comment on any contracts, leases, licenses or other agreements regarding the use of Town-owned underwater lands for aquaculture purposes.

Review all applications for building permits and demolition permits for structures located on agricultural lands from which development rights have been purchased from the Town, or lands that are located within a certified New York State Agricultural District, to determine what effect their granting may have on the existing and future agricultural use of the property, and to provide comments to the Commissioner of Planning.

Study and review federal, state and county legislation affecting agricultural industry and advise the Town Board and the Commissioner of Planning of its findings.

Serve as a conduit for communications between the various segments of the agricultural community and the Town Board.

The Town Board of the Town of Brookhaven hereby finds that the conservation of prime agricultural lands within the Town, used for bona fide agricultural production, is of vital importance to the Town's character, environment and economy, as preserving an historically important industry which provides fresh food and horticultural products to local and regional markets; by enhancement of the quality of life of the Town's residents; and by providing a measure of protection from intensification of development. We further find that lands subject to such agricultural use(s) are generally less burdensome upon governmental services than lands subject to other active uses. Accordingly, it is this Board's intent, in enacting this section, that farmers shall have the right to farm in Brookhaven without undue interference from nearby and neighboring landowners or occupants.

It is this Board's further intent and purpose to reduce future conflicts between those engaged in such agricultural production activities and their neighbors, be they residential or commercial; in furtherance of this goal, we hereby determine that it is prudent to require notice of the existence of farming operations which incorporate agricultural production activities, to future neighbors, upon an application(s) for proposed development and/or a proposed change of zone.

Notwithstanding that conventional farming activities may be reasonably anticipated to generate dust, smoke, noise, vibration and odor, such activities are presumptively considered to be necessary and essential to bona fide farming, far outweighing any annoyance or nuisance to neighboring properties' occupants, unless such activities are demonstrably adverse to the public health, safety and welfare of the community.

This Board further finds and determines that such agricultural production activities, when undertaken in compliance with applicable federal, state and local laws and regulations, are presumptively compatible with the public health, safety and welfare; and that to whatever extent such activities and use, conducted in such manner as aforesaid, may engender some annoyance or nuisance to its neighbors, such consequences are hereby deemed to be fully offset by the substantial benefits to the community at large derived from the preservation of such farmlands and use(s).

Therefore, we hereby declare that farming practices involved in agricultural production as set forth hereinbelow shall constitute "protected farm practices."

The cultivation of the soil for food products and other useful or valuable growths of the field, including:

The establishment and maintenance of farm woodland, including land used for the production of woodland products, including but not limited to logs, lumber, posts and firewood, excluding the processing or retail merchandising of woodland products.

The establishment and maintenance of commercial horse boarding operations, to wit: enterprises consisting of at least 10 acres and boarding at least 10 horses, regardless of ownership, excluding operations whose primary function is horse racing.

Establishment and maintenance of farm operations, including the land used in agricultural production, as defined herein, farming activities/practices conducted on such land, and farm buildings and farm equipment involved in the processing of the aforementioned agricultural products. Farm brewery, cidery, distillery, and winery production facilities shall meet the following requirements:

Clearing;

Grading of materials which remain on the property but which shall specifically exclude the excavation, stripping or removal of sand, gravel, stone, topsoil or other materials or other excavation purposes;

Plowing;

Aerial and ground spraying, the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers);

Raising horses, poultry, small livestock and cattle;

Processing and marketing produce;

Installing water and soil conservation facilities;

Utilizing farm crop protection devices;

Designing, constructing and using farm structures, including but not limited to barns, stables, paddocks, fences, greenhouses and pump houses;

Using and pumping water;

Spraying, pruning and harvesting crops;

Disposing of organic wastes on the farm and composting of said materials in the following conditions: Storage and use of organic material for the subject farm a maximum 3,000 cubic yards of organic material may be utilized off site. Nothing herein shall be construed to allow a commercial mulching operation or the stockpiling and screening of compost for sale to others;

Employment of farm laborers;

Training others in the use and care of farm equipment and animals;

Travelling local roads in properly marked vehicles; and

Providing local farm produce market outlets near farming areas.

One wall sign attached to the exterior side wall of the principal structure, advertising only the farm or business conducted on site. For sites with more than one street frontage, one such sign shall be permitted on each street frontage.

The area of the largest sign may not exceed 2 1/2 square feet per linear foot of wall width to a maximum of 36 square feet. However, if said wall exceeds 24 feet in width, the sign may be increased as follows: the larger of 36 square feet or two square feet per linear foot of wall, calculated by using only 2/3 of said length. Other permitted wall signs may not exceed 24 square feet.

No wall sign shall be wider than the exterior side wall upon which it is placed, or extend higher than the roof of the building upon which it is placed.

One detached or ground sign, advertising only the farm or business conducted on site. For sites with more than one street frontage, one such sign shall be permitted on each street frontage.

The face of any detached or ground sign shall not exceed 32 square feet in area, and shall not exceed 12 feet in height from the mean level of the ground.

The area between a detached or ground sign and front property line shall be maintained free of obstructions and debris.

Detached or ground signs shall be located not less than 12 feet from the property line when the abutting roadway has a posted speed limit of up to 30 miles per hour; not less than 17 feet from the property line when the abutting roadway has a posted speed limit of 31 through 40 miles per hour; and not less than 22 feet from the property line when the abutting roadway has a posted speed limit of 41 through 55 miles per hour. If the average front setback of existing buildings on the same side of the street within the same block is less than the above specified number of feet, then not less than the established average setback.

No sign may be designed or constructed to move, oscillate or rotate.

All signs shall be of wood or similar materials.

All signs shall be lit with external, building-mounted lighting fixtures and shall not be backlit.

Roof signs shall be prohibited.

The Zoning Board of Appeals, Planning Board and any other Town official or body having final review and approval jurisdiction over land use and/or development proposals shall give notice to any applicant of a proposed development project which:

Said notice shall include the following information:

The applicant shall include a notation on the final instrument (subdivision map, land condominium map, division map or site plan) depicting such development approval to the effect that an established farming operation employing protected farm practices is located within 1,000 feet of the boundary(ies) of the approved development map, site plan or other development approval, which notation shall constitute a mandatory condition of any such final grant of approval.

All certificates of occupancy issued upon completion and/or build out of an approved development project as aforesaid shall include a notation to the effect that: "An agricultural production operation subject of Protected Farm Practices is located within 1,000 feet of the boundary of the within map or site plan."

No greenhouses shall be permitted on any lot less than two acres in size.

Greenhouses shall be set back a minimum 40 feet from any property line.

No greenhouse shall exceed 18 feet in height.

A single row of arborvitae, seven feet high and five feet on center, shall be required around the perimeter of any greenhouse or grouping of greenhouses.

Maximum lot coverage of greenhouses shall be 50% for any lot less than five acres.