A.
The Town Board may, from time to time on its own motion, on recommendation
of the Department of Planning, Environment and Land Management or
on application, amend, change, supplement, modify or repeal the regulations,
restrictions, district boundaries and provisions of this chapter,
including the Zoning Map, after public notice and hearing.
B.
All applications for change of zones (hereafter referred to as "the
application"), including those applications previously submitted and
pending prior to the effective date of the enactment of this section,
shall be referred to the Department of Planning, Environment and Land
Management for a written report thereon, which sets forth the application's
compatibility with the Town's land use plans and goals and surrounding
land uses and zoning. The Town Board may:
C.
All applications for special use permit, variances (as required by Article VI), amendments to restrictive covenants and interpretations shall be referred to the Department of Law and the Department of Planning, Environment and Land Management for a written report thereon, which sets forth the application's compatibility with the Town's land use plans and goals and surrounding land uses and zoning.
D.
The Town Clerk shall notify the applicant of the Town Board's determination.
Should the Town Board elect to deny the application by resolution
or consider the application further, the Town Clerk shall notify the
applicant of the Town Board's determination and shall fix the time
and place of a public hearing on the proposed amendment or change
and cause notice to be given in accordance with the provisions of
Town Law.
A.
An application in the form approved by the Town Board, requesting
a change of zone classification or special use permits (hereafter
referred to as "the application") shall be addressed to the Town Board,
in addition to the following information, and subject to any other
requirements as deemed necessary by to the Board, which shall be submitted
with the application and shall be filed with the Town Clerk:
[Amended 10-1-2020 by L.L. No. 10-2020, effective 10-14-2020]
(1)
An original and one copy of a complete and fully executed application.
(2)
A metes and bounds description of the boundaries of the property
affected by the application; and the district, section, block and
lot numbers for the subject property. In the event that the applicant/owner
has an interest in any contiguous property, the metes and bounds description
of such property; the district, section and block and lot numbers
for the contiguous property, as well as the acreage of any contiguous
property owned by the applicant/petitioner or the owner.
(3)
A conceptual plan signed and sealed by a professional licensed in
the State of New York that includes: a metes and bounds description
of the boundaries of the property affected by the application; the
approximate quantity, nature and location of proposed land uses; conformance
with Town Code development standards; the proposed principal means
of access to the site and major elements of the on-site circulation
system; water supply and wastewater disposal; and such other information
as would assist the reviewer at this conceptual review stage.
[Amended 6-30-2022 by L.L. No. 7-2022, effective 7-12-2022]
(4)
A four-inch-by-four-inch diagram to be approved by the Department
of Planning, Environment and Land Management, prepared by a registered
professional engineer or registered land surveyor, indicating the
location of the property which is the subject of the application with
respect to the nearest intersecting street. The total acreage of the
site shall be indicated on said diagram, as well as the district,
section, block and lot numbers of the property. The following information
is to be contained within the four-inch-by-four-inch diagram: hamlet
name, the school district name and number, the application name, the
existing zoning and the requested zoning, special permit and/or permit
waivers.
(5)
A Town of Brookhaven Zoning Map in which the property which is the
subject of the application is located. Such maps shall show the outline
of the property which is the subject of the application.
(6)
A completed original Town of Brookhaven long environmental assessment
form.
(7)
A title search (which includes ownership verification and deed restrictions)
prepared by a title company licensed to do business in the State of
New York covering the subject premises and all contiguous property
owned by the applicant, or which the applicant has an interest in,
dated within three months of the date of the filing of the application
documents. The title search must also contain a recorded copy of all
deed restrictions referred therein.
(8)
A copy of the two notices to be sent to property owners as required under § 85-85 of this article.
(9)
All return receipt cards, except that such return receipt cards may be filed within 45 days after the filing of the petition. (See § 85-85.)
(10)
An original sworn statement from the petitioner or his representative
stating that notices have been sent by either certified or registered
mail to adjacent property owners as required by this section. Said
statement must contain the application name as set forth in the land
use application, and shall be filed with the Town Clerk's office within
10 days of mailing the notices required herein.
(11)
The filing fee.
(12)
A certificate of occupancy, certificate of existing and/or certificates
of zoning compliance for all existing structures for all properties,
which are subject to the application.
(13)
A recorded copy of the deed for all properties which are subject
to the application.
(14)
The Town Assessor certified radius map, containing the names
and addresses of the owners located within 500 feet of the perimeter
of the properties, which are subject to the application, including
the perimeter of all contiguous properties owned by the applicant/owner,
or which the applicant/owner has an interest in to whom notices are
to be sent.
B.
An application, in the form approved by the Town Board, requesting
an amendment of restrictive covenant (hereafter referred to as "the
application"), shall be addressed to the Town Board, in addition to
the following information, and any other requirements as determined
by the Town Board which shall be submitted with the application, shall
be filed with the Town Clerk:
[Amended 10-1-2020 by L.L. No. 10-2020; effective 10-14-2020]
(1)
A complete original fully executed application.
(2)
A metes and bounds description of the boundaries of the property
affected by the application; and the district, section, block and
lot numbers for the subject property. In the event that the applicant/owner
has an interest in any contiguous property, the metes and bounds description
of such property; the district, section and block and lot numbers
for the contiguous property, as well as the acreage of any contiguous
property owned by the applicant/petitioner or the owner.
(3)
A survey, prepared by a registered professional engineer or a registered
land surveyor, giving an exact description and location of the property
with all existing and proposed structures and setbacks from all property
lines. The survey must be signed and sealed by the engineer or land
surveyor.
(4)
The Town Assessor certified radius map containing the names and addresses
of the owners located within 500 feet of the perimeter of the properties,
which is subject to the application, including the perimeter of all
contiguous properties owned by the applicant/owner, or which the applicant/owner
has an interest in to whom notices are to be sent.
(5)
A Town of Brookhaven Zoning Map in which the property which is the
subject of the application is located. Such maps shall show the outline
of the property which is the subject of the application.
(6)
A four-inch-by-four-inch diagram to be approved by the Department
of Planning, Environment and Land Management, prepared by a registered
professional engineer or registered land surveyor, indicating the
location of the property which is the subject of the application with
respect to the nearest intersecting street. The total acreage of the
site shall be indicated on said diagram, as well as the district,
section, block and lot numbers of the property. The following information
is to be contained within the four-inch-by-four-inch diagram: hamlet
name, the school district name and number, the application name, the
existing zoning and the requested zoning and/or variances.
(8)
All return receipt cards, except that such return receipt cards may be filed within 45 days after the filing of the petition. (See § 85-85.)
(9)
An original sworn statement from the petitioner or his representative
stating that notices have been sent by either certified or registered
mail to adjacent property owners as required by this section. Said
statement must contain the application name as set forth in the land
use application, and shall be filed with the Town Clerk's office within
10 days of mailing the notices required herein.
(10)
A completed original Town of Brookhaven long environmental assessment
form.
(11)
A title search, including ownership verification and deed restrictions,
prepared by a title company licensed to do business in the State of
New York covering the subject premises and all contiguous property
owned by the applicant, or which the applicant has an interest in,
dated within three months of the date of the filing of the application
documents. The title search must also contain a recorded copy of all
deed restrictions referred therein.
(12)
The filing fee.
(13)
A certificate of occupancy, certificate of existing and/or certificates
of zoning compliance for all existing structures for all properties,
which are subject to the application.
(14)
A recorded copy of the deed for all properties which are subject
to the application.
(15)
A conceptual plan, signed and sealed by a professional licensed
in the State of New York showing the proposed development.
C.
No application shall be accepted or filed with respect to any property
which has been the subject of a public hearing during the period 12
months immediately following such public hearing, unless such application
sought to be filed shall have endorsed thereon the consent to the
filing thereof of at least five members of the Town Board.
A.
Purpose. With the goal of preservation and balanced growth, it is
the intention of the Town Board to mitigate any land use intensification
associated with the approval of a change of zoning classification
from a more restrictive use to a less restrictive use, through the
acquisition of open space. The Town Board recognizes that there is
now and will continue to be development within the Town, which may
occur through the Town Board's discretionary approval of an application
for change of zoning classification, and further, that to balance
such land use intensification, the Town Board shall facilitate the
acquisition of open space, for the protection of valuable environmental
resources for the benefit of the Town residents, and to mitigate potential
adverse impacts to the maximum extent possible.
B.
All approved applications for a change of zone classification from
more restrictive zoning to less restrictive zoning shall be subject
to a land use intensification mitigation fee.
C.
The increase in land use intensification shall be calculated as follows: land use intensification percentage of the less restrictive zone (proposed zoning) minus the land use intensification percentage of the more restrictive zone (current zoning). The schedule of increased percentage of land use intensification shall be as follows, listed from the most restrictive to least restrictive as designated by § 85-134 of this chapter:
[Amended 10-28-2014 by L.L. No. 24-2014, effective 11-4-2014; 3-23-2017 by L.L. No. 7-2017,
effective 4-3-2017; 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
|
0%
|
A Residence 10
| |
|
5%
|
A Residence 5
| |
|
10%
|
A Residence 2
| |
|
15%
|
A Residence 1
| |
|
20%
|
A Residence
| |
|
25%
|
B Residence 1
| |
|
30%
|
B Residence
| |
|
35%
|
C Residence
| |
|
40%
|
D Residence
| |
|
45%
|
Golf Course District
| |
|
50%
|
Horse Farm Residence
| |
|
50%
|
K Business
| |
|
55%
|
J Business
| |
|
60%
|
J Business 4
| |
|
65%
|
Planned Retirement Congregate Housing Community Residence
| |
|
70%
|
NH-H Health Facility
| |
|
70%
|
L Industrial 1
| |
|
70%
|
Pet Cemetery
| |
|
80%
|
Commercial Recreation
| |
|
85%
|
J Business 2
| |
|
90%
|
J Business 6
| |
|
90%
|
J Business 8
| |
|
90%
|
Marine Commercial
| |
|
95%
|
L Industrial 4
| |
|
95%
|
J Business 5
| |
|
100%
|
L Industrial 2
|
D.
The land use intensification mitigation fee shall be calculated as
follows: $750 per one-percent increase in land use intensification
per acre or part thereof, in conformance with the percentages above.
[Amended 11-13-2014 by L.L. No. 30-2014, effective 11-25-2014]
(1)
No land use intensification mitigation fee shall be required for
any change of zone application involving less than one acre of land.
(2)
At the discretion of the Town Board, the land use intensification
mitigation fee may be waived or partially waived for:
(a)
Religious institutions, not-for-profit organizations and governmental
uses, wherein such application or use clearly demonstrates or provides
an inherent public benefit or service; or
(b)
Applications for change of zone classification which conform to an
adopted community-based land use plan, where the Town Board on its
own motion is implementing the change of zones recommended by said
plan. Applications which conform to the 1996 Comprehensive Land Use
Plan shall not be eligible for a waiver pursuant to this section.
(3)
Requests for a waiver or partial waiver pursuant to Subsection D(2) above shall be submitted no later than at the public hearing for the change of zone application. Any request for a waiver or partial waiver received after the granting of a change of zone application must conform to the application and voting requirements contained in §§ 85-83 and 85-84 respectively.
E.
The land use intensification mitigation fee shall be deposited in
the Joseph Macchia Environmental Preservation Capital Reserve Fund.
F.
A minimum of 50% of the required land use intensification mitigation
fee shall be submitted prior to the effective date of the change of
zone. The submission of the outstanding land use intensification mitigation
fee shall be a condition of final site plan approval.
[Amended 8-2-2018 by L.L.
No. 16-2018, effective 8-13-2018]
A.
The Town Board may, on its own motion or on application, amend, supplement,
change, modify or repeal any covenant imposed on property by the Town
Board.
B.
An application requesting an amendment of restrictive covenant shall
be addressed to the Town Board, in accordance with the requirements
set forth in this chapter, in addition to the following:
C.
The Town Board may amend a restrictive covenant without holding a
public hearing only in those cases where the restrictive covenant
has not been recorded in the Office of the Suffolk County Clerk and
where the amendment is solely to correct a typographical or scrivener's
error. Proof of said error must be supported by substantial evidence
contained in the Town Board's minutes. It shall be the applicant's
burden to submit such proof to the Town Board.
D.
No application shall be accepted or filed with respect to any property
which has been the subject of a public hearing during the period 12
months immediately following such public hearing, unless such application
sought to be filed shall have endorsed thereon the consent to the
filing thereof of at least five members of the Town Board.
A.
Intent. Pursuant to the Municipal Home Rule Law, the Town Board hereby
determines that § 63 of New York State Town Law shall be
superseded to the extent that a three-fourths majority vote of the
entire membership of the Town Board shall be required to amend a restrictive
covenant heretofore imposed by the Town Board as a condition of approval.
B.
Any such amendment to a restrictive covenant shall not be approved
except upon the favorable vote of at least 3/4 of the members of the
Town Board.
A.
The Town Board shall fix the time and place of a public hearing thereon
and cause notice to be given in accordance with the provisions of
§ 264 of the Town Law. The applicant shall provide the following
notice requirements: a notice containing the following information
must be sent by either certified or registered mail, return receipt
requested, to every property owner immediately adjacent and directly
opposite thereto for a distance of 500 feet from the perimeter of
the subject property. Additionally, such notice shall be mailed to
the school district, fire and ambulance districts in which property
is located and the Suffolk County Water Authority. Such notices shall
be mailed within 10 days after the application has been filed with
the Town Clerk and a second notice at least 10 days prior to the public
hearing. Proof of such mailing shall be given to the Town Clerk at
or prior to the public hearing. In the event that the applicant owns
or has an interest in property contiguous to the subject property,
such distance shall be measured from the perimeter of such contiguous
property. For the purpose of this section, the word "owner" or "property
owner" means the owner as shown on the current Brookhaven Town assessment
roll. Said notice shall contain the following information:
(1)
The current zoning and the proposed request to the Town Board.
(2)
A metes and bounds description of the property which is the subject
of the application.
(3)
A statement as to which side of any street in the Town of Brookhaven
the property is located on and the distance and direction from the
nearest intersecting street. If the property is located at the intersection
of two or more streets, the notice shall state on which corner the
property affected by the application is located.
(4)
A statement that a more detailed diagram of the property which is
the subject of the application is on file at the office of the Town
Clerk and may be examined during regular office hours and by any interested
person.
(5)
A statement that all persons interested in the proposal shall be
notified of the date fixed by the Town Board for a public hearing
in the matter, provided that they file a written request for such
notice with the Town Clerk.
B.
A poster to be obtained from the Town Clerk must be conspicuously
posted every 200 feet along the entire length of each street frontage
of the subject property at least 10 days prior to the date set for
the public hearing before the Town Board.
(1)
An affidavit of posting shall be submitted to the Town Clerk by the
applicant on or before the date set for the public hearing.
(2)
Said poster must remain in place until the public 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 said poster
should it be removed or defaced.
(3)
The Town Clerk may set a fee to cover the cost of said poster.
C.
The notice of public hearing before the Town Board published by the
Town Clerk shall contain the following:
(1)
The name of the applicant.
(2)
The existing zoning and the proposal before the Town Board.
(3)
A statement that a public hearing on the proposal will be held at
a specified time, date and place.
(4)
The Suffolk County Tax Map Number of the subject property.
[Amended 6-30-2022 by L.L. No. 7-2022, effective 7-12-2022]
(5)
The distance and direction of the subject property from the nearest
intersecting street or, if said property is located at an intersection,
the corner on which said property is located.
(6)
The school district in which the subject property is located.
(8)
A statement that a more detailed diagram of the subject property
is on file at the office of the Town Clerk and may be examined during
regular office hours by any interested person.
(9)
A statement that any interested person will be given the opportunity
to be heard at the public hearing.
D.
Renotification required. In the event that the public hearing is to be held more than one year after the date of submission of the application, the applicant shall submit a new list of the names and addresses of all owners of property as shown on the current Brookhaven Town assessment roll within 500 feet of the perimeter of the property and shall notify the same as described in Subsection B above.
[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:
(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.
A.
Legislative intent. Pursuant to § 10 of the Municipal Home
Rule Law and § 10 of the Statute of Local Governments, the
Town Board of the Town of Brookhaven intends to supersede § 265
of the New York State Town Law (which provides in pertinent part:
"Such amendment shall be effected by a simple majority vote of the
town board, except that any such amendment shall require the approval
of at least three-fourths of the members of the town board in the
event such amendment is the subject of a written protest,. . ."),
to the extent that any amendment to a zoning regulation, restriction
or boundary, which is the subject of a written protest submitted to
the Town Board in accordance with § 265 of the New York
State Town Law, may be approved by majority-plus-one vote (five members)
of the members of the Town Board. Notwithstanding the foregoing, the
Town Board does not intend to supersede any general law or, specifically,
§ 239-m or 239-n of the General Municipal Law, with respect
to any extraordinary vote that may be required pursuant to such laws.
B.
Majority-plus-one vote for amendments subject to written protests.
Any amendment to a zoning regulation, restriction or boundary, which
is the subject of a written protest presented to the Town Board in
accordance with § 265 of the New York State Town Law, shall
become effective upon the favorable vote of a majority-plus-one vote
(five of the members) of the Town Board. This section shall not apply
to an amendment(s) for which an extraordinary vote is required pursuant
to any other general law or, specifically, § 239-m or 239-n
of the General Municipal Law.
C.
Inconsistency. If any provisions of this section are inconsistent
with the provisions of any other local law or act, the provisions
of this article shall be controlling.
D.
Severability. If any provision of this section is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of this article shall remain in effect.
The filing fee shall be that as set forth by the Town Board
of the Town of Brookhaven.
[1]
Editor's Note: Former § 85-90, Extension of time
for implementation, was repealed 6-30-2022 by L.L. No. 7-2022,
effective 7-12-2022.
