[1]
Editor’s Note: Former § 85-265, Multifamily Residence
District standards, was repealed 6-27-2019 by L.L. No. 16-2019, effective
7-8-2019.
[1]
Editor’s Note: Former § 85-266, Table of Dimensional
Regulations, was repealed 6-27-2019 by L.L. No. 16-2019, effective
7-8-2019.
It is the intent of the Town Board to provide a diversity of
housing types to meet the economic needs of Town of Brookhaven residents,
and to do so in a manner consistent with the Town's land use goals
as set out in this chapter. Furthermore, the Town Board supports providing
workforce and affordable housing units within the Town. The Town Board
further recognizes the need to provide for the redemption of Pine
Barrens Credits for the Town to be in compliance with Article 57 of
the New York State Environmental Conservation Law, the "Long Island
Pine Barrens Protection Act."
In an MF District, no building, structure or premises shall
be used or occupied and no building or part thereof or other structure
shall be so erected or altered except for one or more of the following
purposes:
All uses not expressly permitted are prohibited.
A.
"Primary zones" shall be defined as sites located within a radius
of 1,320 feet of a major arterial roadway and also located within
one of the following:
(1)
Within a radius of 1,320 feet of an existing downtown/hamlet center
or existing commercial area or node, subject to review of a 1,320-foot
radius map illustrating that a sufficient concentration of supporting
services, public transportation opportunities and adequate pedestrian
access to such services exists; or
(2)
Within 2,000 feet of a transit-oriented development center designated
by an adopted plan; or
(3)
Within 2,000 feet of an MTA/Long Island Rail Road active railroad
station.
(4)
High-density housing sites designated pursuant to a Town Board adopted
land use plan or study.
B.
"Secondary zones" shall be defined as sites located within one of
the following:
C.
"Connector roadway" shall be defined as a roadway that has between
2,000 average daily vehicle trips per day and 4,999 average daily
vehicle trips per day. "Major arterial roadway" shall be defined as
a roadway that has or exceeds 5,000 average daily vehicle trips per
day.
D.
"Supporting services" shall mean services that enhance the residential
quality of life, including, but not limited to: proximity to schools,
police and fire stations; recreation services; postal services; transportation
services; significant places of employment; food and restaurant services;
hospitals; pharmaceutical, medical and professional offices; retail
services.
A.
The required minimum front yard setback within a primary zone shall
be 25 feet.
B.
The required minimum front yard setback within a secondary zone shall
be 50 feet. No parking shall be permitted within a designated front
yard setback.
C.
There shall be no minimum front yard setback requirement for units
or lots created internally within the MF Residence District.
A.
Primary zone. The maximum permitted density shall be 10 units per
acre.
B.
Secondary zone. The maximum permitted density shall be seven units
per acre.
C.
Base density.
(1)
As defined in this chapter, base density shall be based upon the
existing zoning of the site at the time of application for change
of zone to MF, or prior to any change to zone approval to MF.
(a)
Base density for land which is zoned commercially or industrially
shall be three units per acre.
(b)
Base density for land which is zoned residentially shall be
the product of the total acreage multiplied by 43,560 square feet,
divided by the dimensional area requirement of the existing residential
zoning district, multiplied by a factor of 0.825. Alternatively, a
yield map may be submitted to determine residential base yield. Base
yield shall exclude areas of open water and wetlands.
(c)
Base density for multiple zoned parcels shall be the sum of
the base yield for each zoning district.
D.
Density increase requirements.
(1)
An increase in density above base density shall require Pine Barrens
Credit redemption.
(a)
Pine Barrens Credit redemption shall be calculated at a rate
of 20% of the total number of units above base density.
(b)
Proof of Pine Barrens Credits redemption shall be a condition
of final site plan approval.
(c)
In the event that the Pine Barrens Credit Clearinghouse determines
that Pine Barrens Credits are not available, then a payment in lieu
of redemption made to the Joseph Macchia Environmental Preservation
Capital Reserve Fund may be substituted. Payment in lieu of redemption
shall be computed per the average price of a Pine Barrens Credit in
the Town of Brookhaven over the past 12 months as determined by the
Pine Barrens Credit Clearinghouse.
E.
In order to meet the goals and objectives of this chapter, or in
accordance with the recommendations of an adopted land use plan, the
Town Board in its discretion may increase or decrease the allowable
density provisions of this section by a maximum of two units per acre.
Any such increase shall be subject to Pine Barrens Credit redemption
in accordance with this chapter.
F.
Nothing herein shall be deemed in any manner to limit the Town Board's
authority to rezone property in accordance with the provisions of
Town Law and the Town Code.
[1]
Editor's Note: Former § 85-281, Affordable housing,
was repealed 10-22-2020 by L.L. No. 13-2020, effective 11-4-2020.
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
The owner or developer of a multiple-residence development shall
set aside an area for outdoor recreational purposes exclusively for
the use of the occupants of such multiple-residence development and
their guests. Such recreational area shall be equal to the number
of units multiplied by 200 square feet. Such area shall be shown as
part of the site plan. The recreational area may include play lot
facilities and equipment, group game areas or swimming pools. Such
area shall be improved, constructed and maintained at the expense
of the owner or owners thereof. Landscaped areas, which are not developed
for recreational purposes, shall not be deemed to satisfy the requirements
of this section. In addition, the owner shall pay to the Town a recreational
fee as established by Town Board resolution, to be used for the acquisition
and improvement of recreational areas in the Town.
If any clause, sentence, paragraph, section or item of §§ 85-268 through 85-284 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.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
It is the intent of the Town Board to provide a diversity of
housing types to meet the economic needs of Town of Brookhaven residents,
and to do so in a manner consistent with the Town's land use goals
as set out in this chapter. Furthermore, the Town Board supports providing
workforce and affordable housing units within the Town. The Town Board
also recognizes the need to provide for the redemption of Pine Barrens
Credits for the Town to be in compliance with Article 57 of the New
York State Environmental Conservation Law, the Long Island Pine Barrens
Protection Act. The Town further recognizes the benefit in preserving
farmland and open space in designated farmland protection areas, and
the Carmans River Watershed Area. These provisions are intended to
provide for proper housing for the Town's senior citizens. The Town
Board recognizes an existing and growing need for the provision of
housing especially designed for senior citizens.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
In a PRC Residence District, no building, structure or premises
shall be used or occupied and no building or part thereof or other
structure shall be so erected or altered except for one or more of
the following purposes:
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
All uses not expressly permitted are prohibited.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
A.
"Primary zones" shall be defined as sites located within a radius
of 1,320 feet of a major arterial roadway and also located within
one of the following:
(1)
Within a radius of 1,320 feet of an existing downtown/hamlet center
or existing commercial area or node, subject to review of a 1,320-foot
radius map illustrating that a sufficient concentration of supporting
services, public transportation opportunities and adequate pedestrian
access to such services exists; or
(2)
Within 2,000 feet of a transit-oriented development center designated
by an adopted plan; or
(3)
Within 2,000 feet of an MTA/Long Island Rail Road active railroad
station.
(4)
High-density housing sites designated pursuant to a Town Board adopted
land use plan or study.
B.
"Secondary zones" shall be defined as sites located within one of
the following:
C.
"Tertiary zones" shall be defined as those areas of the Town which
are not defined as primary or secondary zones.
D.
"Connector roadway" shall be defined as a roadway that has between
2,000 average daily vehicle trips per day and 4,999 average daily
vehicle trips per day. "Major arterial roadway" shall be defined as
a roadway that has or exceeds 5,000 average daily vehicle trips per
day.
E.
"Supporting services" shall mean services that enhance the residential
quality of life, including, but not limited to: proximity to schools,
police and fire stations; recreation services; postal services; transportation
services; significant places of employment; food and restaurant services;
hospitals; pharmaceutical, medical and professional offices; retail
services.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
B.
Minimum width of lot.
C.
Minimum front yard setback.
(1)
The required minimum front yard setback within a primary zone shall
be 25 feet.
(2)
The required minimum front yard setback within a secondary or tertiary
zone shall be 50 feet. No parking shall be permitted within a designated
front yard setback.
(3)
There shall be no minimum front yard setback requirement for units
or lots created internally within the PRC Residence District.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
A.
Primary zone. The maximum permitted density shall be eight units
per acre.
B.
Secondary zone. The maximum permitted density shall be six units
per acre.
C.
Tertiary zones. The maximum permitted density shall be four units
per acre.
D.
Base density.
(1)
As defined in this chapter, base density shall be based upon the
existing zoning of the site at the time of application for change
of zone to PRC Residence District, or prior to any change to zone
approval to PRC Residence District.
(a)
Base density for land which is zoned commercially or industrially
shall be three units per acre.
(b)
Base density for land which is zoned residentially shall be
the product of the total acreage multiplied by 43,560 square feet,
divided by the dimensional area requirement of the existing residential
zoning district, multiplied by a factor of 0.825. Alternatively, a
yield map may be submitted to determine residential base yield. Base
yield shall exclude areas of open water and wetlands.
(c)
Base density for multiple zoned parcels shall be the sum of
the base yield for each zoning district.
E.
Density increase requirements.
[Amended 5-14-2020 by L.L. No. 6-2020, effective 5-27-2020]
(1)
An increase in density above base density shall require Pine Barrens
Credit redemption.
(a)
Pine Barrens Credit redemption shall be calculated at a rate
of 15% of the total number of units above base density.
(b)
Proof of Pine Barrens Credits redemption shall be a condition
of final site plan approval, or may be redeemed in phases as otherwise
determined by the Town Board at the time of change of zone approval.
(c)
In the event that the Pine Barrens Credit Clearinghouse determines
that Pine Barrens Credits are not available, then a payment in lieu
of redemption made to the Joseph Macchia Environmental Preservation
Capital Reserve Fund may be substituted. Payment in lieu of redemption
shall be computed per the average price of a Pine Barrens Credit in
the Town of Brookhaven over the past 12 months as determined by the
Pine Barrens Credit Clearinghouse.
(d)
In lieu of Pine Barrens Credit redemption, the Town Board in its discretion may accept a comparable donation of open space and/or farmland from the areas designated as the Manorville Farm Protection Area, Eastport Farm Protection Area or Carmans River One-Hundred -Year Watershed Area, or other environmentally sensitive and undeveloped land, as set forth in Town Code § 15-4 (Joseph Macchia Environmental Preservation Capital Reserve Fund), within the Town of Brookhaven.
(e)
No Pine Barrens Credit redemption shall be required for units
designated as affordable or workforce housing units.
F.
In order to meet the goals and objectives of this chapter, or in
accordance with the recommendations of an adopted land use plan, the
Town Board in its discretion may increase or decrease the allowable
density provisions of this section by a maximum of two units per acre.
Any such increase shall be subject to Pine Barrens Credit redemption
in accordance with this chapter.
G.
Nothing herein shall be deemed in any manner to limit the Town Board's
authority to rezone property in accordance with the provisions of
Town Law and the Town Code.
[1]
Editor's Note: Former § 85-299, Affordable and workforce
housing, amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014, was repealed 10-22-2020 by L.L. No.
13-2020, effective 11-4-2020.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014; 11-20-2018 by L.L.
No. 26-2018, effective 12-3-2018]
The owner or developer of a planned retirement community development
shall set aside an area for outdoor recreational purposes exclusively
for the use of the occupants of such planned retirement community
development and their guests. Such recreational area shall be equal
to the number of units multiplied by 200 square feet. Such area shall
be shown as part of the site plan. The recreational area may include
play lot facilities and equipment, group game areas or swimming pools.
Such area shall be improved, constructed and maintained at the expense
of the owner or owners thereof. Landscaped areas, which are not developed
for recreational purposes, shall not be deemed to satisfy the requirements
of this section. In addition, the owner shall pay to the Town a recreational
fee as established by Town Board resolution, to be used for the acquisition
and improvement of recreational areas in the Town.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014; 11-13-2014 by L.L. No.
31-2014, effective 11-25-2014]
A.
Change of zone applications approved and effective prior to the effective
date of this section shall be exempt from the provisions herein and
shall proceed under the prior regulations and density of the Planned
Retirement Residence District in effect prior to the effective date
of this section.
B.
Any changes to a site plan approved and effective prior to the effective
date of this section shall conform to the zoning regulations in effect
at the time of the site plan approval. In the event an application
seeks to increase the density above the originally approved density,
said application shall require change of zone approval from the Town
Board in the same manner as a change of zone submitted after the effective
date of this section.
[Amended 5-22-2014 by L.L. No. 9-2014, effective 6-5-2014]
If any clause, sentence, paragraph, section or item of §§ 85-290 through 85-302 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.
A.
It has been determined by the Town Board that planned congregate
housing retirement communities are desirable since they are organized,
constructed, designed and planned to serve the needs of older persons
who no longer wish to provide certain services for themselves. Suitable
and adequate facilities and services for assisted living, including
but not limited to congregate dining, housekeeping services and social,
cultural and recreational activities, meet the needs of older persons
and permit them to enjoy an independent, pleasant and safe lifestyle.
In addition, it is the intent of the Town Board to provide a diversity
of housing types to meet the economic needs of Town of Brookhaven
residents. In particular, the Town Board recognizes the need to provide
workforce and affordable housing units in order to address both current
and anticipated population requirements. Therefore, maximum permitted
densities may be increased to accomplish these goals.
B.
Eligibility. The following provisions are intended to provide for
proper housing for the Town's senior citizens. The Town Board recognizes
an existing and growing need for the provision of housing especially
designed for senior citizens.
In the PRCHC Residence District, no building, structure or premises
shall be used or occupied and no building or part thereof or structure
shall be erected or altered, except for one or more of the following
uses:
A.
Adult care facilities as defined and licensed by the New York State
Department of Health.
Customary accessory uses, structures and buildings shall be
permitted when located on the same lot as the principal authorized
use, provided that such uses are clearly incidental to the principal
use and do not include any activity conducted as a business.
The following special permit uses shall be subject to the criteria as set forth in Article VIII, § 85-107, in addition to the criteria contained herein:
A.
Dining, recreational, social and cultural facilities for the sole
use of residents of the community and their guests.
B.
Medical offices, provided that such uses are primarily for the use
and benefit of the residents and further provided that said use does
not exceed 5,000 square feet in gross floor area or more than 3% of
the total gross floor area of the site.
C.
Nursing home use, provided that such use does not exceed 40% of the
floor area ratio (FAR) of the development and the nursing home use
is fully integrated into the planned retirement congregate housing
community.
All uses not expressly permitted are prohibited.
Except as otherwise provided herein, the minimum required lot
area shall be 10 acres.
Except as otherwise provided herein, the minimum required width
of lot shall be 200 feet.
The minimum required front yard setback shall be 25 feet. The
Planning Board of the Town of Brookhaven may increase the minimum
required front yard setback up to 100 feet if deemed appropriate based
upon the nature and character of development within 500 feet of the
subject parcel. No parking shall be permitted within a designated
front yard setback.
Except as otherwise provided herein, a minimum required setback
of 50 feet shall be provided adjacent to all adjoining properties.
The maximum permitted FAR shall be 30%.
A.
The maximum permitted density shall be eight units per acre or 12
beds per acre, whichever is less.
B.
Exceptions. Notwithstanding the above, change of zone applications approved and effective prior to the effective date of §§ 85-316 through 85-333, which established density pursuant to covenants properly recorded in accordance with Town standards, and those applications which were granted hardship relief pursuant to § 17D-5, as well as those applications which were exempt pursuant to § 17D-4, entitled "Moratorium on Development Within MF-1, MF-2, PRC, PRC-3 and PRCHC Districts," shall be exempt from the density provisions contained in §§ 85-316 through 85-333. Nothing herein shall be deemed in any manner to limit the Town Board's authority to rezone property in accordance with the provisions of Town Law and the Town Code.
The transfer of development rights (TDR) associated with this
chapter shall be completed in accordance with Article XXIX entitled
"Transfer of Development Rights."
Minimum requirements. A minimum of 10% of all units permitted pursuant to § 85-328 shall be maintained as workforce housing or affordable housing units in accordance with Town guidelines. In no case shall less than one affordable or workforce unit be provided. All fractions shall be rounded up to the nearest whole number.
A.
Due consideration shall be given in planning walks, ramps and driveways;
gradients of walks shall not exceed 10%; single-riser grade changes
in walks shall not be permitted. All outdoor areas available to the
residents shall be designed so as to permit residents to move about
freely.
B.
The design and location of all buildings, recreational facilities
and other site improvements shall be consistent with the ultimate
purpose of achieving independent, pleasant living arrangements for
older persons and shall contemplate the desires and needs of older
persons for privacy, participation in social and community activities,
and accessibility to all community facilities.
C.
All dwelling units shall incorporate design features, to the maximum
extent practicable, which ensure the safety and convenience of the
residents, including but not limited to the provision of grab bars,
nonscalding faucets, water-impervious nonslip floors, flush thresholds
and wheelchair-accessible doorways.
D.
Central lobby. A central lobby shall be provided which shall accommodate
a twenty-four-hour reception desk/switchboard, lounge areas and other
customary communal ties.
E.
Central dining area. A central dining area providing not less than
20 square feet of space for each dwelling unit shall be provided with
adequate facilities to serve all daily meals.
F.
Central meeting room. A central multipurpose meeting room/auditorium
shall be provided, unless the central dining area is designed for
conversion to such usage.
G.
Recreational facilities.
(1)
Indoor recreational areas, including but not limited to group game
and activity areas, swimming pools, library rooms, health clubs, pocket
pool and billiard, ping-pong, table games, craft and hobby rooms and
other recreational facilities, shall be included with an overall minimum
area of at least 25 square feet per dwelling unit, which shall be
accessible to all residents.
(2)
Outdoor recreational areas equal to at least 50 square feet per dwelling
unit, including but not limited to group game areas, sitting areas,
swimming pools, tennis courts, shuffleboard courts and other recreational
facilities, shall be included and available to all residents. Landscaped
areas that are not developed for recreational purposes shall not be
deemed to satisfy the requirements of this section.
In addition to the exceptions listed in § 85-328B, change of zone applications approved and effective, change of zone applications which have had a public hearing before the Town Board or those where the SEQRA process has commenced, on or prior to September 9, 2005, shall be exempt from the provisions herein and shall be permitted to proceed under the prior regulations.
If any clause, sentence, paragraph, section or item of §§ 85-316 through 85-333 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.
[Added 6-27-2019 by L.L.
No. 16-2019, effective 7-8-2019]
[Added 6-27-2019 by L.L.
No. 16-2019, effective 7-8-2019]
The NH-H Health Facility District is intended to provide adequate
safeguards for the location and siting of nursing homes and hospitals.
[Added 6-27-2019 by L.L.
No. 16-2019, effective 7-8-2019]
B.
The following are permitted accessory uses located on the same lot
with a nursing home or hospital:
[Added 6-27-2019 by L.L.
No. 16-2019, effective 7-8-2019; amended 1-30-2020 by L.L. No. 1-2020, effective 2-10-2020]
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area
shall be three acres.
B.
Minimum width of lot.
(1)
Except as otherwise provided herein, the minimum required width of
lot throughout shall be 200 feet.
C.
Minimum front yard setback.
(1)
Except as otherwise provided herein, the minimum required front yard
setback shall be 100 feet.
D.
Minimum side yard setback.
(1)
Except as otherwise provided herein, the minimum required side yard
setback shall be 50 feet.
E.
Minimum rear yard setback.
(1)
Except as otherwise provided herein, the minimum required rear yard
setback shall be 75 feet.
[Added 6-27-2019 by L.L.
No. 16-2019, effective 7-8-2019]
A.
Access. In the NH-H Health Facility District, there shall be access
only on a primary highway, secondary highway or marginal access street
as defined by the Subdivision Regulations of the Town of Brookhaven.
B.
Screening requirements. Notwithstanding any provision of this chapter
to the contrary, where a hospital or nursing home abuts any lot or
land area in any residential district, there shall be provided along
the required side and rear property lines a split-cedar stockade-type
fence on a steel frame not less than six feet in height. Said fence
may be required to extend beyond that portion of the side yard line
enclosing the rear yard, in the discretion of the Planning Board.
No development of any kind, except landscaping, shall be permitted
within 10 feet of any side or rear property line.
[Amended 6-27-2019 by L.L. No. 16-2019, effective 7-8-2019]
A.
Site plan review and approval is required and a public hearing shall
be required in connection with said site plan review.
B.
In any case in which a site plan has been reviewed and approved under
the prior NH Residence District regulations and that site ceases to
be used as a nursing home, it cannot be converted to use as a hospital
under the NH-H Health Facility District regulations without a new
site plan review and approval for use as a hospital.
[Amended 6-27-2019 by L.L. No. 16-2019, effective 7-8-2019]
A.
Anything to the contrary in this chapter notwithstanding, any nonconforming
hospital, except not-for-profit, philanthropic or eleemosynary hospitals,
wherever located, shall become an illegal hospital three years after
the effective date of this article.
B.
Any owner of any such nonconforming hospital who alleges that the
period herein provided for amortization of such hospital is unreasonable
may apply to the Town Board for an extension of time for amortization
of such hospital, provided that such application is made within one
year of the adoption of this article. If the Town Board finds that
the construction and equipment cost of a particular hospital would
not be reasonably amortized by the aforesaid date, then the Town Board
may extend the amortization period to a date which it finds would
provide a reasonable amortization period.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
A.
The Town Board has determined that developers in different parts
of the country are selling homes in "retirement communities," in which
the purchaser buys and owns the home while the developer retains ownership
of the land on which the home is installed (as well as the roads,
sidewalks and common areas in the communities). The homeowners in
those communities lease the property on which their home is installed.
B.
The Town Board further finds and recognizes the unique nature of
this kind of development, where the purchaser owns a home but is required
to lease the land on which the home is situated. This type of development
is not governed or regulated under New York Real Property Law and,
therefore, the residents of those retirement communities are not afforded
the kinds of protection that are extended to mobile home owners or
multiple dwelling tenants.
C.
The Town Board further finds that the Appellate Division, Second
Department, New York, in In the Matter of MHC Greenwood Village NY,
LLC v. County of Suffolk, 874 N.Y.S.2d 145 (2009), determined that
a municipality is not preempted or prohibited from enacting reasonable
regulations regarding residency agreements between an owner-operator
of senior residential communities and its residents. The Town Code
provisions set forth herein are adopted in accordance with the criteria
and legal principles set forth in that decision.
D.
Therefore, the purpose of this article (§§ 85-345 through 85-354) is to extend to occupants of homes in planned retirement communities protections similar to those provided to mobile home owners and multiple dwelling tenants, and to extend the right of first refusal to occupants of homes in planned retirement communities as is provided to mobile home owners and multiple dwelling tenants. This article shall be construed as being supplemental and in addition to Chapter 65 of the Laws of Suffolk County, or any successor law thereto.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
As used in this article, the following terms shall have the
meanings indicated:
One who holds title or the bill of sale to a housing unit
in the planned retirement community.
The entity holding title to a contiguous parcel of privately
owned real property on which 200 or more senior citizen housing units
are leased to owners. This term shall not include mobile homes, manufactured
homes, or condominiums as defined in the New York Real Property Law
or real property owned by a corporation formed pursuant to the New
York Cooperative Corporations Law.
One who occupies a housing unit in a planned retirement community.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
A.
Content of lease.
(1)
Any planned retirement community owner or operator shall offer every
homeowner or tenant the opportunity to sign a long-term lease with
an option of the homeowner or tenant to cancel said lease for reasonable
cause on 90 days' written notice to said owner or operator.
(2)
A copy of the planned retirement community's rules and regulations,
if any, shall be attached to and become a part of the lease provided
for by this section, as if fully set forth therein, and said rules
and regulations may not be changed, altered, amended or modified without
the written consent of 3/4 of all homeowners or tenants then in residence
with the consent of the planned retirement community owner or operator,
which consent shall not be unreasonably withheld.
(3)
No rules or regulations shall be inconsistent with the lease provisions
in effect at the commencement of said lease.
(4)
A copy of the lease shall be delivered by the planned retirement
community owner or operator to all homeowners or tenants at the time
of the first deposit made payable to said planned retirement community
owner or operator.
B.
Fees and charges.
(1)
No planned retirement community homeowner or tenant shall be charged
a fee, charge, or assessment, except for rent and utilities, unless
agreed to by 3/4 of all of the homeowners.
(2)
All such charges for rent and utilities must be reasonably related
to the value of the facility available or the services actually rendered.
(3)
A planned retirement community owner or operator must fully disclose
all charges for rent and utilities to all homeowners or tenants at
the time of the first deposit made payable to said community owner
or operator.
(4)
Failure on the part of the planned retirement community owner or
operator to fully disclose all charges for rent or utilities shall
prevent the planned retirement community owner or operator from collecting
such charges.
(5)
No charges for rent or utilities may be increased except as set forth
in the lease.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
A.
A homeowner has the right to sell his or her home in the planned
retirement community without unreasonable, arbitrary restrictions
being placed thereon by the planned retirement community owner or
operator.
(1)
The right to sell a planned retirement community home includes the
incidental right to use any and all methods common to sales of residential
property.
(2)
The homeowner's lease agreement shall be assignable to subsequent
purchasers, without unreasonable or arbitrary conditions or restrictions
by the planned retirement community owner or operator.
(3)
The planned retirement community owner or operator shall not exact
a commission or fee with respect to the price realized by the homeowner/seller
unless the planned retirement community owner or operator has acted
as agent for the homeowner in the sale pursuant to a written contract.
B.
Notice of sale; homeowner rights; exceptions.
(1)
If the owner of a planned retirement community offers a unit for
sale or receives a bona fide offer to purchase that the owner intends
to consider or to respond to with a counteroffer, the owner shall
deliver written notice of the offer to all homeowners residing within
the planned retirement community within 30 days, stating the price,
terms and conditions of sale. Delivery of such written notice shall
be in person or by certified mail.
(2)
The homeowners, by and through a homeowners' association, shall have
a first option to purchase the unit, provided that they meet the price,
terms and conditions of the planned retirement community owner within
90 days after the date of delivery of the notice, unless otherwise
agreed. If a contract between the planned retirement community owner
and the homeowners' association is not executed within such ninety-day
period, then, unless the planned retirement community owner thereafter
elects to offer or accept an offer to purchase the unit at a price
lower than the prices specified in the notice to the homeowners, the
planned retirement community owner has no further obligations under
this section.
(3)
If the planned retirement community owner thereafter elects to offer
or to accept an offer to purchase the unit at a price lower than the
price specified in the notice to the homeowners, the homeowners, by
and through a homeowners' association, shall have an additional 30
days to meet the price, terms and conditions of the planned retirement
community owner by executing a contract.
(4)
This section shall not apply to:
(a)
Any transfer by gift, devise or operation of law.
(b)
Any transfer by a corporation to an affiliate.
(c)
Any conveyance of an interest in a planned retirement community
unit incidental to the financing of the planned retirement community.
(d)
Any conveyance resulting from the foreclosure of a mortgage,
deed of trust or other instrument encumbering a planned retirement
community or any deed given in lieu of such foreclosure.
(e)
Any sale or transfer between or among joint tenants or tenants
in common owning a planned retirement community.
(f)
The acquisition of a planned retirement community unit by a
government entity under its power of eminent domain.
(g)
A planned retirement community unit that is specifically limited
to the utilization as a planned retirement community unit through
a Town ordinance.
(5)
In the event that the owner of a planned retirement community loses
title to the County of Suffolk for the underlying real property for
nonpayment of taxes, then the right of first refusal set forth above
may be exercised by any homeowner residing within the planned retirement
community, by and through a homeowners' association, in accordance
with the provisions of this section as if a bona fide offer to purchase
had been made to a planned retirement community owner.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
No planned retirement community owner or operator shall:
A.
Threaten reprisal, overtly or covertly, against any of the homeowners
or tenants as a result of their lawful pursuits and activities.
B.
Request or demand that a homeowner or tenant waive his or her rights
under this article. Any waiver by a homeowner or tenant of his or
her rights under this article shall be deemed null and void as contrary
to public policy.
C.
Require a homeowner or tenant to purchase goods or services from
said planned retirement community owner or operator, or from any vendor
designated by said community owner or operator.
D.
Restrict the installation, maintenance or repair of any property
of the homeowner or tenant to specific vendors, including, but not
limited to, employees, agents or other persons acting for or on behalf
of the planned retirement community owner or operator.
E.
Charge a fee or impose other charges on a homeowner or tenant who
chooses to install any property, including appliances and/or fixtures.
F.
Impose any charge for or restrict the ingress to or egress from the
planned retirement community of any person employed, retained, or
invited by the homeowner or tenant, whether to provide a commodity
or service or otherwise.
G.
Restrict the purchase and/or installation of any commodities, goods
or services by the homeowner or tenant to specific vendors, including
employees, agents or other persons acting for or on behalf of the
planned retirement community owner or operator.
H.
Restrict the making of any interior installation, furnishing or improvement
to the planned retirement community unit, so long as such installation,
furnishing or improvement is in compliance with applicable building
codes and other provisions of law.
I.
Pass on the costs of fines, penalties or damages assessed against
the planned retirement community owner or operator as a result of
violation(s) of any provision of this chapter by increasing the rents,
charges or fees of homeowners in the planned retirement community.
J.
Deny or abridge the right of a homeowner or tenant to organize a
homeowners' or tenants' association or to assemble within a planned
retirement community.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
A.
Furnishing services.
(1)
No planned retirement community owner or operator who has agreed
to provide hot or cold water, heat, light, power, or any other service
or facility to a homeowner or tenant of the planned retirement community
shall intentionally or willfully fail to furnish such services or
otherwise interfere with a quiet enjoyment of the unit.
(2)
Planned retirement community owners or operators shall provide every
homeowner or tenant, by December 1 of each year, the annual base residency
charge for the coming year along with an itemized accounting of how
those charges were calculated based on a stated overall cost for providing
services and maintenance for the community in its entirety.
B.
Right of entry; emergency contact.
(1)
A planned retirement community owner or operator may enter a planned
retirement community home only in case of emergency.
(2)
A planned retirement community owner or operator shall designate
an agent on the premises who can be contacted on a twenty-four-hour
basis to ensure the availability of emergency response in matters
affecting the health, safety, well-being, and/or general welfare of
planned retirement community homeowners and tenants. The designated
agent's name, address and telephone number shall be posted in a conspicuous
public location in the planned retirement community, given in writing
to each homeowner and/or tenant, and registered with appropriate municipal
law enforcement, health and fire officials.
C.
Receipts for payment of rent and other assessments. Upon receipt
of rent, fees, charges or other assessments, in the form of cash or
any instrument other than the personal check of the tenant, it shall
be the duty of the planned retirement community owner or operator
to provide the payor with a written receipt containing the following:
D.
Community rules and regulations.
(1)
The planned retirement community owner or operator may promulgate
rules or regulations governing the rent and use or occupation of the
unit, provided that such rules or regulations shall not be unreasonable,
arbitrary or capricious.
(2)
A copy of all rules and regulations shall be delivered by the planned
retirement community owner or operator to all homeowners and/or tenants
at the time of the first deposit made payable to said planned retirement
community owner or operator.
(3)
A copy of all rules and regulations shall be posted in a conspicuous
public location upon the grounds of the planned retirement community.
(4)
If a rule or regulation is not applied uniformly to all homeowners
and/or tenants, there shall be a rebuttable presumption that such
rule or regulation is unreasonable, arbitrary or capricious.
(5)
Any rule or regulation which does not conform to the requirements
of this section or which has not been supplied or posted as required
by this section shall not be enforceable.
(6)
No rule or regulation may be added, amended, repealed or changed
by the planned retirement community owner or operator without the
written consent of 3/4 of the homeowners and/or tenants.
(7)
All rules and regulations governing a planned retirement community
shall be part of any contract of sale offered by the owner(s) of any
planned retirement community unit.
(8)
The owner of a planned retirement community located within the County
of Suffolk shall file with the Suffolk County Department of Labor,
Licensing and Consumer Affairs a copy of all rules and regulations
governing the planned retirement community, and any amendments to
such rules and regulations, within 30 days of publication.
(9)
Rules and regulations already in existence on the effective date
of this section shall be filed with the Suffolk County Department
of Labor, Licensing and Consumer Affairs within 60 days after this
section takes effect.
(10)
Failure to file such rules and regulations with the Suffolk
County Department of Labor, Licensing and Consumer Affairs shall render
such rules and regulations null, void, unenforceable and without any
force or effect.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
A.
An owner or operator of a planned retirement community may not evict
a homeowner or tenant other than for the following reasons:
(1)
The planned retirement community homeowner or tenant has defaulted
in the payment of rent and a proper demand has been made for such
delinquent rent. On tender of payment of such delinquent rent, together
with allowable costs, any action instituted for nonpayment of rent
shall be terminated.
(2)
The home or rented space is used for any illegal trade or business.
(3)
The homeowner or tenant is in violation of a federal, state or local
law or ordinance which may be deemed detrimental to the safety and
welfare of the other persons residing in the planned retirement community.
(4)
The homeowner or tenant or anyone occupying the home is in violation
of any lease term or lawful rule or regulation established by the
owner of a planned retirement community and has continued in violation,
without attempt to cure, for more than 10 days after the planned retirement
community owner or operator has given written notice of such violation
to the homeowner or tenant directing that the homeowner or tenant
correct the violation within 10 days of the receipt of said notice.
B.
No homeowner or tenant shall be denied a continuance or renewal of
a lease so long as he or she has, during such period of occupancy,
complied with the terms of the lease and the lawful rules and regulations
of the planned retirement community then in effect.
C.
Enforcement.
(1)
This section shall be enforced by the Office of the Town Attorney
or by any other governmental agency or department authorized to secure
compliance with the law by an action in any court of competent jurisdiction
for an injunction to prevent the violation or threatened violation
thereof.
(2)
A civil action in the name of the governmental agency may be commenced
to recover a civil penalty in the amounts prescribed by this section.
(3)
A violation or failure to comply with any provision of this section
may be raised as a complete defense, or as counterclaim, by a homeowner
and/or tenant in any action brought by an owner of a planned retirement
community in a court proceeding in Suffolk County.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
A.
Any planned retirement community owner or operator who unlawfully
violates a provision of this section shall be subject to a fine not
to exceed $500 for each day a violation exists, except as otherwise
provided herein.
B.
Any planned retirement community homeowner or tenant injured or damaged
in whole or in part as a result of a violation of any of the provisions
of this article may bring an action to recover damages, plus reasonable
attorney's fees. The remedy shall be in addition to and shall not
preclude or diminish any action that an individual may have under
common law or any local, state or federal law or regulation.
C.
The Town Attorney may commence an action to restrain, prevent, and/or
enjoin a violation of this article or a continuance of such violation
of this article or a continuance of such violation by a planned retirement
community owner or operator.
[Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015]
If any clause, sentence, paragraph, section or item of §§ 85-345 through 85-353, 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.
