[Amended 8-12-2014 by L.L. No. 18-2014, effective 8-26-2014; 6-30-2022 by L.L. No. 7-2022, effective 7-12-2022]
A. Whenever the Town Board, as a condition for the granting of an application,
requires a restrictive covenant to be imposed upon the subject property,
the following shall be filed with the Town Clerk:
(1) A signed and notarized declaration of covenants.
(2) A certified survey prepared by a registered land surveyor showing
by courses and distances the subject property which is the subject
of the restrictive covenant. Said survey shall be dated within one
year of the date of submission.
(3) A metes and bounds description of the boundaries of the property
affected by the restrictive covenants and the district, section, block
and lot numbers for the property.
(4) Deed and a title report prepared by a title company licensed to do
business in the State of New York covering the subject premises and
all contiguous property. Said title report shall be dated within six
months of the date of submission.
B. Publication of approval. Whenever the Town Board grants an application
for a change of zone or covenant amendment, and after all conditions
of such Town Board approval have been met, the Town Clerk shall publish
a notice of adoption of the application and shall set the date for
the application to become effective, thereby causing the application
to be in full force and effect.
C. Inactivity.
(1) Failure to meet all conditions of the Town Board resolution of adoption
within two years from the date the applicant/owner was notified of
the approval by the Town Clerk will cause the application to be deemed
inactive, except as follows:
(a)
The Town Board may grant extensions of time to meet conditions,
upon written request from the applicant/owner to the Town Clerk. The
Town Board may grant a maximum of two extensions, not to exceed one
year each. Said request must sufficiently demonstrate that:
[1]
The applicant is diligently pursuing all other required governmental
permits or other approvals; and
[2]
The extension request is received by the Town Clerk prior to
the expiration of the approval.
(2) At the expiration of such time period prescribed in §
85-86C(1), and any extensions thereof, the Town Board may rescind any resolution of adoption after a duly noticed Town Board public hearing, which hearing shall be subject to the requirements of §
85-87.
(3) Prior to a Town Board hearing to rescind the resolution of adoption, the Town Board may grant a request to reinstate the application upon written request from the applicant/owner, subject to the submission of a reinstatement filing fee, and subject to the requirements set forth in §
85-86C(1)(a).
(a)
Subsequent failure to meet all conditions of Town Board approval within two years from the date the applicant/owner was notified of the application reinstatement by the Town Clerk, will cause the application to be deemed inactive, and no further extensions shall be permitted pursuant to §
85-86C(1)(a).
Whenever the Town Board, on its own motion or upon recommendation of the Department of Planning, Environmental Protection, and Land Management, shall consider any change of zoning classification, the resolution setting a date for a public hearing shall contain a clause requiring that the owners of all property within the boundaries of the property proposed to be changed in zoning classification and all property owners immediately adjacent and directly opposite thereto for a distance of 500 feet from the perimeter of the property proposed to be changed in zoning classification be notified of the proposed change, except as hereinafter provided. Said notice shall be sent by either certified mail or registered mail, return receipt requested, to such owner at the address shown on the current Brookhaven Town assessment roll and shall be mailed to such owner at least 10 days prior to the public hearing. Said notice shall contain a description sufficient to identify the property which is proposed to be changed in zoning classification, together with information substantially similar to that required by §
85-85A of this chapter. In the following enumerated cases, the notice required by this section shall not be required:
A. In the event that the area of the proposed change of zone represents
50% or more of the property contained within the bounds of a school
district within the Town of Brookhaven.
B. In the event that the area of the proposed change of zone exceeds
50 acres.
C. In the event that the proposed changes are in conformance with the
goals of a comprehensive land use plan.
D. In all other cases where the Town Board of the Town of Brookhaven
shall determine that the notice required by this article shall be
dispensed with.
The filing fee shall be that as set forth by the Town Board
of the Town of Brookhaven.