Brookhaven City Zoning Code
Article
VIII Planning Board
§ 85-99 Membership; terms of office.
[Amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
Legislative intent. The Town Board wishes to increase the Planning Board membership to seven members and appoint each member for a three-year term. It is the intent of this article, pursuant to the Municipal Home Rule Law, that the Town Board supersede Town Law § 271 to establish terms of office which are inconsistent with Town Law § 271.
B.
Authority of Chairperson.
(1)
The principal executive officer and administrative head of such Planning Board shall be the Chairperson, who shall be appointed by the Town Board for such term and at such compensation as may from time to time be fixed by the Town Board.
(2)
The Town Board may appoint a Deputy Chairperson at such compensation and for such term as may from time to time be fixed by the Town Board, who shall generally act in behalf of the Chairperson and who shall perform such duties as may be directed by the Chairperson and as are vested in and imposed by the provisions of this chapter, by statute or by other lawful authority.
(3)
Before entering upon the duties of his office, the Chairperson shall execute and file with the Town Clerk an official undertaking, if the same is required by the Town Board, in such sum as prescribed by the Town Board and in such form as approved by the Town Attorney.
(4)
The Chairperson shall have such powers as prescribed by law as shall be necessary for the proper administration of the Planning Board consistent with applicable provisions of law.
C.
Any person appointed as a member of the Planning Board shall serve for a term of three years, at such compensation as may from time to time be fixed by the Town Board. After the expiration of the terms of the members serving on the Planning Board, any member reappointed, or any successor in office, shall serve for a term of three years. If a vacancy shall occur other than by expiration of term, it shall be filled by the Town Board, by appointment, for the unexpired term; however, no such appointment shall exceed three years. Any new appointment, reappointment or appointment to a vacancy shall not exceed three years.
D.
Of the seven members so appointed, at least one will be a licensed architect, and additionally at least two members will be either a licensed architect, a licensed engineer, a licensed attorney, an environmentalist or a certified planner. Additionally, four positions will be appointed as community members at large. Said composition to be phased in with any reappointment and/or new appointment effectuated on or after the effective date of this article. Nothing herein contained will invalidate decisions of this Board during this phase-in period.
E.
Performance of functions by Town Board. Whenever there is no duly constituted Town Planning Board existing in the Town of Brookhaven, all functions of a planning board as governed by New York State law and the Code of the Town of Brookhaven shall be performed by the Town Board. The provisions of this section shall supersede any inconsistent provisions of any other section of this chapter.
F.
Referrals to Town Board. All other officers, boards, agencies and commissions shall make referrals to the Town Board, acting as a Planning Board, in the manner provided in this Code or any rule or regulation before taking official action, in case there is no duly constituted Town Planning Board.
G.
The Town Supervisor shall serve in the capacity of Chairperson of the Planning Board and the Deputy Supervisor shall serve in the capacity of Deputy Chairperson of the Planning Board in case there is no duly constituted Town Planning Board and the Town Board is acting as a Planning Board.
H.
General severability. If any clause, sentence, paragraph, section or item of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.
§ 85-100 Dissolution.
[Added 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
The Town Board of the Town of Brookhaven hereby dissolves the Planning Board pursuant to the authority of Town Law § 271 and all functions of a planning board as governed by New York State law and the Code of the Town of Brookhaven shall be performed by the Town Board.
§ 85-103 Assignment and delegation of powers, functions and responsibilities.
A.
Legislative intent. Certain powers, functions and responsibilities previously delegated to the Planning Board were not mandated by any statute or other law. The intent of this section is to delegate certain nonmandated powers, functions and responsibilities previously performed by the Planning Board to various boards, departments and officers of the Town of Brookhaven as determined appropriate and in the best interest of the Town by the Town Board. It is not the intent of this section to delegate the following former Planning Board functions out of the Planning Board:
B.
The powers, functions and responsibilities currently reposed in the Planning Board be and hereby remain in the Planning Board, except that the following powers, functions and/or responsibilities are hereby delegated or assigned as follows:
(2)
Tree preservation Planning Board powers to the Commissioner of Planning, Environment and Land Management.
(3)
Bond default recommendations to the Planning Division.
(4)
Road improvements on existing mapped roads, establishing road specifications, bond approvals and releases thereon, to the Planning Division.
(5)
Recommendations to Zoning Board of Appeals on Zoning Board of Appeals applications to the Planning Division.
(6)
Review and recommendations on change of zone and special exception applications to the Planning Division.
C.
General severability. If any clause, sentence, paragraph, section or item of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.
D.
This section shall take effect the date upon which it is filed in the office of the Secretary of State.
§ 85-107 Special permits from Planning Board.
[Amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
As provided by this chapter, special permits from the Planning Board shall be granted only where said Board shall determine:
(1)
That the use will not prevent the orderly and reasonable use of adjacent proportion or of properties in the surrounding area or impair the value thereof.
(2)
That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent districts.
(3)
That the safety, health, welfare, comfort, convenience or order of the Town will not be adversely affected by the proposed use and its location.
(4)
That the use will be in harmony with and promote the general purposes and intent of this chapter.
B.
In making such determination, the Planning Board shall give consideration, among other things, to:
(1)
The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permissive uses.
(2)
The conservation of property values and the encouragement of the most appropriate uses of land.
(3)
The effect that the location of the proposed use may have upon the creation or undue increase of traffic congestion on public streets, highways or waterways.
(4)
The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.
(5)
Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.
(6)
Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise.
(7)
Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or other competent governmental agency.
(8)
The necessity for an asphaltic or concrete surfaced area for purposes of off-street parking and loading of vehicles incidental to the use and whether such area is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be held.
(9)
Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use or by the structures to be used therefor or by the inaccessibility of the plot or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot.
(10)
Whether the use or the structures to be used therefor all cause an overcrowding of land or undue concentration of population.
(11)
Whether the plot area is sufficient, appropriate and adequate for the use and the reasonable anticipated operation and expansion thereof.
(12)
The physical characteristics and topography of the land.
(13)
Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or place of public assembly.
C.
Expiration. All special permits granted by the Planning Board pursuant to this chapter shall expire three years after the date of the Planning Board's grant of approval thereof unless a building permit has been issued and substantial construction has commenced in reliance thereon. The Planning Board may grant a maximum of three extensions, not to exceed one year each, of the grant of approval where a building permit has been issued and substantial construction, with sufficient proof of such substantial construction, having commenced in reliance thereon.
D.
In granting such permits, the Planning Board may waive or modify any of the criteria listed herein or within the specific zoning districts and/or it may limit the duration of the special use permits and prescribe appropriate conditions and safeguards in conformity with this chapter.
§ 85-108 Area variances from Planning Board.
A.
Purpose. In order to achieve the goals of well-planned, environmentally sensitive, balanced development, and to provide for comprehensive, unified review of development proposals in a timely manner, we find that it is necessary and desirable to confer upon the Planning Board the authority to grant area variances in order to facilitate the attainment of the aforesaid goals and objectives in connection with its review and approval of site plan applications for development proposals subject to its jurisdiction and for which the Planning Board is lead agency. It is the Town Board's express intent and purpose to supersede, by this section, pursuant to the Municipal Home Rule Law, to the extent necessary, the provisions of Town Law § 267-b by this delegation of authority to the Planning Board as aforesaid.
B.
The Planning Board is hereby authorized to grant reasonable area variances in connection with site plan applications solely limited to parking, buffer, drainage and landscaping standards as set forth in this chapter and/or as contained in the Subdivision and Land Development Regulations.
C.
The Planning Board is hereby expressly authorized to grant reasonable variances from the parking requirements set forth in this chapter.
D.
In making its determination, the Planning Board 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 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 the granting of 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 Planning Board, but shall not necessarily preclude the granting of the area variance.
E.
Public hearings shall be required in connection with site plan review for the following:
(1)
All applications involving a parking relaxation of greater than 10% or a relaxation of minimum landscape standards of greater than 10% or for any relaxation of buffer area;
(2)
Any other application, as determined by the Commissioner of the Department of Planning, Environment and Land Management, that may result in significant adverse impacts to surrounding properties; or
(3)
As otherwise provided by any other provision of this chapter.
F.
Notification.
[Amended 10-28-2014 by L.L. No. 22-2014, effective 11-4-2014]
(1)
The applicant shall mail notice of the hearing by either certified or registered mail, return receipt requested, to every property owner, as shown on the current Brookhaven assessment rolls and certified by the Department of the Assessor on a tax map excerpt radius map prepared by that Department within the area immediately adjacent and directly opposite thereto for a distance of 200 feet from the perimeter of the property. The applicant shall mail notice of the hearing by regular mail, to every property owner, as shown on the current Brookhaven assessment rolls and certified by the Department of the Assessor on a tax map excerpt radius map prepared by that Department within the area immediately adjacent and directly opposite thereto for a distance of 201 feet to 500 feet from the perimeter of the property. This five-hundred-foot notice requirement shall be required for all applications submitted on or after the effective date of this amendment.
(2)
The following shall be submitted with such application:
(a)
A copy of the notice sent to property owners.
(b)
The Assessor-certified tax map excerpt radius map in duplicate, containing the names and addresses of the owners to whom notices were sent.
(c)
Return receipts of mailing.
(d)
An affidavit of mailing of the aforesaid notices.
(e)
An affidavit of posting of the notice required herein.
G.
Posting.
(1)
For applications involving residential variances, at least one poster, not less than one foot by two feet in size, must be conspicuously posted along each street frontage of the property which is the subject of the application at least 10 days prior to the date set for the public hearing before the Planning Board. For applications involving variances on commercial or industrial parcels, said poster must be not less than three feet by four feet in size and shall be conspicuously posted along each street frontage of the property which is the subject of the application at least 10 days prior to the date set for the public hearing. This ten-day posting requirement for applications involving variances on commercial or industrial parcels shall be required for all such applications submitted on or after the effective date of this amendment. Such posters shall contain the following information:
(2)
Said poster must remain in place until the public hearing has been completed and must be removed not later than seven days thereafter. The applicant or applicant's agent shall verify that said poster is still in place on a daily basis and shall promptly replace said poster should it be removed or defaced.
(3)
The Planning Board shall adopt regulations governing the format of said poster and the manner and place in which it is posted. Said Board may require the applicant to use a poster supplied by it, in which event the Planning Board may set a fee to cover the cost of said poster.
H.
Expiration of variances.
(1)
Area variances granted by the Planning Board pursuant to this chapter shall expire within two years of the date of the grant of the Board unless a building permit has been issued and substantial construction has commenced in reliance thereon. The Planning Board may grant a maximum of two extensions, not to exceed one year each, of the grant of approval where a building permit has been issued and substantial construction, with sufficient proof of such substantial construction having commenced in reliance thereon.
(2)
Area variances granted by the Planning Board pursuant to this chapter for site plans shall expire simultaneously with the expiration of the subject site plan grant of approval.
§ 85-109 Restrictive covenants.
A.
The Planning Board, upon its review and approval of a subdivision map, land division, resubdivision or site plan, may require a restrictive covenant be imposed upon the subject property as a condition of said grant.
B.
The Planning Board, after a public hearing, held upon notice as required in Article VI of this chapter, may amend, modify, vacate or repeal any such covenant(s) and restriction(s) and restoration(s) previously imposed.
C.
An application for relief of covenant shall include:
(1)
The name and address of the applicant property owner.
(2)
The location and description, including Suffolk County Tax Map numbers, of the subject property.
(3)
The subject covenant, as recorded.
(4)
The specific relief requested.
(5)
A concise description of the factual circumstances upon which the application is based.
(6)
Copy of survey(s) showing existing and prior conditions, where appropriate.
(7)
Such other and further information deemed necessary and/or appropriate by the Commissioner of Planning, Environment and Land Management and/or the Planning Board.
D.
Fee. An application fee for requests for relief of covenants and restrictions shall be as established by Town Board resolution.
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
§ 85-113 Site plan review and approval.
[Amended 6-24-2014 by L.L. No. 12-2014, effective 7-8-2014; 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014; 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
Site plan review and approval is required in all zoning districts for all buildings and structures or land use and/or for all alterations or changes in use thereto, except for the following: single-family dwellings; subdivision maps or plats, including residential land divisions, notwithstanding any provision to the contrary in this chapter; permitted agricultural uses other than horse farms, and customary accessory uses thereto; and the exceptions set forth in § 85-116. Notwithstanding the aforementioned requirements, the Town Board may, upon proper application therefor, grant a waiver from the within site plan review and approval requirements for properties located within the Fire Island National Seashore (aka Great South Beach at Fire Island National Seashore).
B.
In each case where a site plan is required, the applicant shall submit a site plan, prepared by a registered New York State landscape architect, land surveyor, architect or engineer, to the Planning Board prior to the filing of the application for a building permit with the Chief Building Inspector. Elevations, showing front, side and rear architectural features of the proposed structures, shall be submitted with the site plan and shall be considered a part thereof. The applicant shall demonstrate that the architectural and aesthetic features of the proposed structure will conform to and enhance the architectural features of the neighborhood. In appropriate cases, the Planning Board and/or the Commissioner of Planning, Environment and Land Management may require a landscape plan prepared by a registered New York State landscape architect.
C.
The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove said site plan in accordance with all applicable standards contained herein or within the Subdivision Regulations and to adopt such rules as it deems necessary to exercise the powers herein granted.[1]
(1)
Requirement of stormwater pollution prevention plan (SWPPP). A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 86, Stormwater Management and Erosion Control, shall be required for site plan approval. The approved SWPPP shall meet the performance and design criteria and standards and be consistent with the provisions as set forth in Chapter 86, Stormwater Management and Erosion Control, of the Town Code.
D.
The Chairman of the Planning Board may require a public hearing in conjunction with site plan review for development in any zoning district upon making a determination that construction on or the use of the subject site may have a significant impact on the surrounding community.
E.
The Planning Board shall consider the following elements in its review process: ingress to and egress from all public highways to the premises, subject to the approval of the appropriate municipal agencies having jurisdiction of such highways, the traffic pattern within the premises, the location and placement of parking spaces, parking areas, loading areas and spaces, curbs, sidewalks and access driveways as may be required under this chapter, or by any municipal agency, all drainage facilities, grading, lights, the placement of signs on the premises, the location and dimensions of all existing and proposed structures upon the site, open spaces, landscaping, screening, architectural features, all other physical features and improvements, the impact of the proposed use on adjacent land and land uses and such other elements as may be reasonably related to the health, safety and general welfare of the community.
F.
(Reserved)
G.
There shall be submitted with the application for site plan approval a copy of any restrictive covenant running in favor of the Town, or, if there is no such restrictive covenant, the applicant shall furnish an affidavit to that effect.
H.
In any case where the site plan submitted by the applicant indicates that a variance and/or special permit is needed in order to construct or use the premises as shown on said site plan, the applicant shall submit an application for said variance and/or special permit to the appropriate board upon the filing of the application for approval of the site plan with the Planning Board. Upon adoption by said board of a resolution with respect to the application for a variance and/or special permit, the applicant shall submit to the Planning Board the date and case number of said resolution as well as the decision rendered by the issuing board. If the variance and/or special permit is granted, said variance and/or special permit shall be deemed to be incorporated in the site plan submitted by the applicant. In those cases where a variance and/or a special permit is required, there shall be no final approval of the site plan by the Planning Board until such variance and/or special permit has been granted by the appropriate board. Upon issuance, said variance/special permit shall be deemed incorporated within the site plan, and shall remain valid for the duration of the site plan or any authorized extension thereof for all site plans approved on or after the effective date herein.
I.
If no public hearing is held, the Planning Board shall render its decision with respect to site plan approval within 62 days after receipt of the application unless an extension has been agreed upon.
J.
In all cases, the Planning Board shall notify the applicant of the decision rendered and shall set forth its reasons for the action taken.
K.
Final site plan approval and all other permits, approvals and authorizations as may be required from other municipal and governmental agencies and departments shall be obtained prior to the issuance of a building permit(s).
L.
Any property developed or used pursuant to an approved site plan shall be developed, maintained, and used in conformity with the provisions of said site plan. Any variations from or amendments to an approved site plan must be reviewed and approved by the Planning Board. No site work, including the removal of trees or other vegetation, shall proceed until all permits required therefor have been issued.
M.
Upon the recommendation of the Chief Building Inspector or the Planning Board, the Town Board may revoke an existing certificate of occupancy or certificate of zoning compliance and may direct that such occupancy or use be discontinued upon a showing that the subject premises is being occupied or used in violation of the approved site plan. Said order of the Town Board shall be made after a hearing held on notice to the last owner of record of the subject premises as indicated by the current assessment roll of the Town of Brookhaven. In the event that the Town Board directs that such occupancy or use be discontinued or in the event that a parcel is being used or occupied without an approved site plan, the Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy.
N.
Posting for applications involving site plans, preliminary subdivisions or final subdivisions. At least one poster, not less than one foot by two feet in size, must be conspicuously posted along each street frontage of the property which is the subject of the application, at least 10 days prior to the date set for the hearing before the Planning Board. This ten-day posting requirement for all applications involving site plans, preliminary subdivisions or final subdivisions shall be required for all such applications submitted on or after the effective date of this amendment. Such poster shall contain the following information:
(1)
A brief explanation of the proposed site plan approval requested.
(2)
That a hearing will be held before the Planning Board at a specified date and the time and place with regard to the proposed hearing.
(3)
Said poster must remain in place until the hearing has been completed and must be removed no later than seven days thereafter. The applicant, or applicant's agent, shall verify that said poster is still in place on a daily basis and shall promptly replace that poster should it be removed or defaced.
(4)
The Planning Board shall adopt regulations governing the format of said poster and the manner and place in which it is posted. Said Board may require the applicant to use a poster supplied by it, in which event the Planning Board may set a fee to cover the cost of said poster.
(5)
On the date of said hearing, the applicant or applicant's agent shall submit an affidavit in such form as shall be approved by the Planning Board, together with a photograph of said poster, said affidavit to state that said poster was posted in conformity with this chapter and in all manners complies with its requirements.
O.
Expiration of site plans.
(1)
All site plans shall expire three years after the date of final conditional approval, unless a building permit has been issued and substantial construction, with sufficient proof of such substantial construction, having been commenced in reliance thereon.
(2)
All site plans and special permits granted pursuant to Article XXVII shall expire one year after the date of final conditional approval, unless a building permit has been issued and substantial construction, with sufficient proof of such substantial construction, having been commenced in reliance thereon.
P.
Extension of final conditional site plan approval.
[Amended 9-12-2024 by L.L. No. 16-2024, effective 9-23-2024]
(1)
Upon application to the Commissioner of Planning, Environment and Land Management seeking an extension of the final conditional site plan approval, the Commissioner may grant the final conditional site plan approval a maximum of three extensions, not to exceed one year each, subject to the applicant sufficiently demonstrating that for each such application:
(a)
The extension request is made prior to the expiration of the final conditional site plan approval;
(b)
The applicant is diligently trying to meet the conditions of the final conditional site plan approval; and
(c)
The applicant is diligently pursuing all other required governmental permits and approvals.
(2)
Upon application to the Commissioner of Planning, Environment and Land Management seeking an extension of the final conditional site plan approval granted pursuant to Article XXVII, the Commissioner may grant the final conditional site plan approval a maximum of one extension, not to exceed one year, subject to the applicant sufficiently demonstrating that for each such application:
(3)
All approved extensions shall become effective retroactive to the date of expiration of the grant, determination or decision of the Board.
Q.
Inactive site plan applications. Site plan applications which remain incomplete and/or for which the applicant initiates no activity for a period in excess of one year may be deemed withdrawn by the Commissioner of Planning, Environment and Land Management, so long as written notice is provided to the applicant informing said applicant of the Commissioner's intent to deem the application withdrawn at least 30 days prior to the Commissioner's determination. If an application is inactive for more than two years, it shall be deemed withdrawn.
R.
For each application for site plan approval, review of an amended site plan or inspection of a site plan, the fee shall be that as established by Town Board resolution. For purposes of said section, the term "on-site improvements" shall include but not be limited to the installation of drainage facilities, the paving of the parking field, and the installation of any curbs or sidewalks.
S.
Amendment of site plans. An application for an amendment to a previously approved site plan shall include the previously approved site plan, together with all amendments noted thereon. The Commissioner shall determine compliance with the applicable Town Code provisions as of the date of submission thereof.
T.
Upon its review of an application for amendment(s), modification(s) and/or addition(s) to a previously approved site plan and/or existing site development, the Planning Board shall review the entire site plan and existing site development; the Planning Board, in conjunction with its review and approval of the application for amendment(s), modification(s) and/or addition(s) to said site plan, may impose such reasonable conditions as it deems appropriate with respect to existing improvements including parking, landscaping, including but not limited to planting screens, maintenance, additional and/or enhanced landscaping, and any other site features it deems appropriate, and/or to require any reasonable modification to the existing site plan and/or site development as it deems appropriate in connection with its grant of approval of the proposed additional and/or modified site plan development.
§ 85-114 Public hearings.
A.
Public hearings shall be required in connection with site plan review for the following:
[Amended 12-19-2019 by L.L. No. 24-2019, effective 12-31-2019]
(1)
All applications involving a parking relaxation of greater than 10% or a relaxation of minimum landscape standards of greater than 10% or for any relaxation of buffer area;
(2)
Any other application, as determined by the Commissioner of the Department of Planning, Environment and Land Management, that may result in significant adverse impacts to surrounding properties; or
(3)
As otherwise provided by any other provision of this chapter.
B.
The Planning Board shall fix a time within 45 days from the date an application for site plan or use approval is received by said Planning Board for the public hearing of any matter referred to it under this section.
[Amended 12-19-2019 by L.L. No. 24-2019, effective 12-31-2019]
C.
The Planning Board shall give public notice of said public hearing by the publication in an official newspaper circulating in the Town of Brookhaven of such hearing 10 days prior to the date thereof. This ten-day publication requirement shall be required for all applications submitted on or after the effective date of this amendment.
[Amended 12-19-2019 by L.L. No. 24-2019, effective 12-31-2019]
D.
The applicant shall cause notice of said public hearing to be sent by registered or certified mail, return receipt requested, at least 10 days prior to the date of said public hearing, to all contiguous property owners as shown on the current assessment roll of the Town of Brookhaven. The applicant shall file an affidavit with the Planning Board attesting to the mailing of such notices. This ten-day notice requirement shall be required for all applications submitted on or after the effective date of this amendment.
[Amended 12-19-2019 by L.L. No. 24-2019, effective 12-31-2019]
E.
The Planning Board shall render its decision with respect to site plan approval within 45 days from the date of the public hearing, unless an extension of such period is mutually agreed upon by the parties. The decision of the Planning Board shall be filed with the Town Clerk forthwith, and a copy thereof mailed to the applicant.
§ 85-115 through § 85-116. (Reserved) [1]
[1]
Editor's Note: Former § 85-115, Preliminary site plans, as amended, and § 85-116, Site plans, as amended, were repealed 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024.
§ 85-117 Minor site plans.
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
Minor alterations to an approved site plan. Upon written request, the Commissioner or his/her designee is hereby authorized to review and approve, approve with modifications, or disapprove requests for minor site plan alterations to an approved final site plan (prior to or during construction), to accommodate minor changes resulting from actual field conditions, minor changes required by other governmental agency permits, or minor enhancements or improvements to the approved site plan. The Commissioner, at his/her sole discretion, may decline jurisdiction by referral of any minor site plan alternation to the Planning Board for its review and determination.
B.
The Commissioner or his/her designee is hereby authorized to review, approve or approve with modifications minor site plan applications subject to the following provisions.
(1)
Installation or modification of accessory improvements including but not limited to ADA compliance improvements, waste management solutions, emergency generators, vehicle charging stations, HVAC, heat pumps, green energy improvements and similar.
(2)
Rehabilitation, revision or change in the facade of an existing building or structure.
(3)
Installation or modification of parking areas, stormwater collection, landscaping, buffer plantings, fencing, utilities, utility and dumpster pads, recycling pads or enclosures and similar accessory improvements. Existing sites which are not in compliance with the requirements of source separation and arrangement for the collection for recycling pursuant to Chapter 46 of this Code shall not be penalized and no parking variance shall be required for the loss of parking stalls resulting from the installation of the required recycling collection areas consistent with Chapter 46 of this Code and the guidelines provided by the Department of Recycling and Sustainable Materials Management.
(4)
Additions to an existing nonresidential building or new structures that do not exceed 1% of the existing gross floor area or 1,000 square feet, whichever is greater.
(5)
Additions and accessory improvements to attached dwelling units that were constructed pursuant to a prior site plan grant.
(6)
A change from an existing permitted use(s) to a new permitted use in an existing building or structure where the proposed new use has an increased and higher parking requirement under the Town Code. For multi-tenant structures, the applicant shall obtain from the Building Division a document certifying the current certificate of occupancy for subject tenant space(s) of the project.
(7)
The Commissioner, at his/her sole discretion, may decline jurisdiction by referral of any minor site plan application to the Planning Board for its review and determination.
C.
The applicant shall provide any information and documentation which the Commissioner deems necessary and appropriate for his/her review of the application and may provide additional information that is pertinent to such application.
D.
The Commissioner or his/her designee shall take existing improvements into consideration and determine whether or not additional on-site improvements are necessary and/or appropriate, including but not limited to drainage, parking, curbs and walks, landscaping and fencing, and may require such improvements as part of his/her approval of said minor site plan.
E.
For existing buildings, structures, and improvements possessing a certificate of occupancy or its equivalent, but do not meet current land development and dimensional standards of this chapter, the Commissioner or his/her designee may require additional on-site improvements that will bring the site into closer conformance with current land development and dimensional standards as are deemed necessary and/or appropriate.
F.
Emergency minor site plans.
(1)
Damaging winds, torrential rainfall, flooding and storm surge from hurricanes or natural disasters can cause significant damage to motor vehicles. These damaged motor vehicles can impede emergency response efforts and pose a persistent threat to the security, life and health to persons and property in the affected areas and, therefore, are deemed a public health hazard and a public nuisance.
(2)
The Commissioner of the Department of Planning, Environment and Land Management is hereby authorized to review emergency minor site plan applications for the temporary storage of motor vehicles. Upon favorable recommendation from the Commissioner of the Department of Planning, Environment and Land Management, the Town Board of the Town of Brookhaven, by resolution, may designate a parcel suitable for temporary parking and storage of damaged motor vehicles, subject to conditions as the Town Board may deem appropriate.
(3)
Emergency minor site plans shall be subject to the following criteria:
(a)
A State of Emergency was declared by the Supervisor of the Town of Brookhaven or the Governor of the State of New York.
(b)
The proposed site is not located within the Core Area of the Central Pine Barrens.
(c)
The proposed site is commercially or industrially zoned.
(d)
The proposed site has received prior site plan approval and all proposed storage shall be located on existing asphalt or stabilized base which was designated for parking of motor vehicles or similar activity on the prior approved site plan.
(e)
A bond is submitted which is equal to $200 per vehicle stored on the site.
(f)
Within six months of approval, submission of proof to the Commissioner that all fluids have been removed from all vehicles stored. Properties cited as noncompliant shall be subject to penalties in accordance with Article XII.
(g)
All site plan application and expedited review fees as set forth in Town Board resolution have been paid.
(4)
The Commissioner may apply the criteria applicable to site plan review set forth in this chapter at his/her discretion in review of said application(s) and in making a recommendation to the Town Board. The Commissioner, at his/her sole discretion, may decline jurisdiction of any minor emergency site plan request and such application shall require site plan review and approval pursuant to § 85-113 of this chapter.
(5)
The applicant shall be responsible for obtaining building permits and a temporary certificate of use or certificate of occupancy, as applicable.
(6)
Expiration. All approvals for the temporary parking and storage of motor vehicles shall expire six months after the date of emergency minor site plan approval.
(a)
An applicant may submit a request to the Town Board seeking an extension of time limits herein. The Town Board may grant a maximum of one extension, not to exceed six months.