[Amended 10-1-2020 by L.L. No. 10-2020, effective 10-14-2020; 6-30-2022 by L.L. No. 7-2022, effective 7-12-2022; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A. An application in the form approved by the Town Board, requesting
a change of zone classification or special 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 the Board, which shall be submitted with the
application and shall be filed with the Town Clerk:
(1) An original 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, block and lot numbers for
the contiguous property, as well as the acreage of any contiguous
property owned by the applicant/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. A site
plan may be submitted in lieu of a conceptual plan; however, said
site plan must include all the information required in the conceptual
plan.
(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 change of zone classification, special
permit(s) and/or special permit waivers. If special permit waivers
are sought, the diagram must state, "...and special permit waivers."
The specific list of the waivers sought need not be included in the
diagram.
(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 certification (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/owner, or which the applicant/owner
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. If no deed
restrictions exist, the title certification must clearly so state.
The title certification must also certify to the Town of Brookhaven
that a twenty-year search was conducted within the Office of the Suffolk
County Clerk.
(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 application. (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.
(12)
All certificates of occupancy, certificates of compliance, certificates
of existing use 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:
(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, block and lot numbers for
the contiguous property, as well as the acreage of any contiguous
property owned by the applicant/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 request for amendment of restrictive covenant.
(7) A copy of the two notices to be sent to property owners as required under §
85-85.
(8) All return receipt cards, except that such return receipt cards may be filed within 45 days after the filing of the application. (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 certification (which includes ownership verification
and deed restrictions, i.e., covenants and restrictions and/or easements),
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/owner, or which the applicant/owner 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. If no deed restrictions
exist, the title certification must so state. The title certification
must also certify to the Town of Brookhaven that a twenty-year search
was conducted within the Office of the Suffolk County Clerk.
(13)
All certificates of occupancy, certificates of compliance, certificates
of existing use 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, which includes a metes and bounds description
of the boundaries of the property affected by the application, showing
the proposed development. A site plan may be submitted in lieu of
a conceptual plan; however, said site plan must include all the information
required in the conceptual plan.
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.
[Amended 6-30-2022 by L.L. No. 7-2022, effective 7-12-2022; 2-22-2024 by L.L. No. 4-2024,
effective 2-27-2024]
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, relief requested (i.e., change of zoning classification,
amendment of restrictive covenant, special permit and/or special permit
waivers), including a description of the nature of 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, Town of Brookhaven, One Independence Hill,
Farmingville, New York 11738.
(6) A copy of the four-inch-by-four-inch diagram required by §
85-81A(4) and
B(6).
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 Board 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.
(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
A 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; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
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) An original 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 certification 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 certification shall include
ownership verification, mortgage(s), judgment(s) and lien(s) and be
dated within six months of the date of submission. If no judgment(s)/lien(s)
exist, the title certification must so state. The title certification
must also certify to the Town of Brookhaven that a twenty-year search
was conducted within the Office of the Suffolk County Clerk. If the
certification is prepared by an abstract/agency company, a letter
from the title company authorizing the agency/abstract company to
issue the title certification on its behalf is required.
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 in writing, with the required
application fee as established by Town Board resolution, 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).
D. Withdrawal of Town Board application.
(1) An application for which the Town Board has not yet taken any action
shall be deemed withdrawn in the following circumstances:
(a)
The applicant has failed to submit documents to the Town Clerk
within six months of the date of a written request by the Department
of Planning, Environmental and Land Management, the Office of the
Town Attorney, or the Office of the Town Clerk. The documentation
submitted to avoid withdrawal under this provision must evidence the
applicant's action in response to requirements issued by the
Department of Planning, Environmental and Land Management, the Office
of the Town Attorney, or the Office of the Town Clerk, to the satisfaction
of the reviewing department.
(b)
Upon written request of the applicant.
(2) Inactive Town Board land use applications.
(a)
Land use applications submitted to the Town Clerk that remain
incomplete, and/or for which the applicant initiates no activity for
a period in excess of one year, may be deemed withdrawn, so long as
written notice is provided to the applicant informing said applicant
of the Town Clerk's intent to deem the application withdrawn
at least 30 days prior to the Town Clerk's determination. If
an application is inactive for more than two years, it shall be deemed
withdrawn without further notice.
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.