Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
A. 
Minimum natural area/landscaping requirements.
(1) 
Minimum natural area/landscaping percent. Except as otherwise provided herein, a minimum of 20% of a commercial site shall be maintained as landscaped or natural area in accordance with Town standards and guidelines.
(2) 
Minimum natural area/landscaping in front yard. A minimum of 50% of all required landscaped or natural area shall be located within the front yard.
(3) 
Street trees. Street trees with a minimum caliper of four inches shall be planted and/or maintained adjacent to all road frontages in accordance with Town standards in an amount equal to 30 feet on center.
(4) 
Minimum natural area/landscaping along street frontage. A minimum of 15 feet of landscaped or natural area shall be maintained along all street frontages.
(5) 
Main Street Business District standards.
(a) 
Street trees shall be required and located within the right-of-way and between sidewalks and curbs within a four-foot-wide landscape cutout.
(b) 
The required front yard setback area shall be maintained as a planted landscape area or surfaced to provide for outdoor seating or retail display area as authorized.
(c) 
A minimum of one street tree shall be required per lot, with a minimum of two trees required on a corner lot.
(6) 
Supplemental standards. The following supplementary standards shall be required for the uses so indicated:
(a) 
A minimum landscaped or natural area of 30% shall be maintained in connection with a commercial center, regional theater or industrial or office use occupying a site of five acres or more.
(b) 
A minimum landscaped or natural area of 35% shall be maintained in connection with a fast-food restaurant.
(c) 
A minimum of 50 feet of landscaping or natural area shall be maintained along all road frontages in connection with a commercial center, regional theater or industrial or office use occupying a site of five acres or more.
(7) 
Parking area screening. All parking areas shall be screened from view with a hedge, berm and/or decorative wall or fence in accordance with Town standards.
(8) 
Parking area landscaping.
(a) 
Parking areas of 50 spaces or more shall contain 400 square feet of landscaping for each 25 spaces. Large parking areas shall be divided into smaller parking fields of 50 cars with landscape strips, peninsulas or grade separations to reduce the visual impact of large expanses of paving, to direct vehicular traffic through the parking lot and to provide a location for pedestrian walks.
(b) 
Landscape strips between parallel parking rows shall be a minimum of 10 feet in width. When incorporating pedestrian walkways, such strips shall be a minimum of 20 feet in width. Landscape aisles and strips shall include trees with a minimum caliper of four inches at a minimum of one tree for every 30 feet, in addition to other parking lot landscape requirements.
(9) 
Irrigation required. All landscaped, buffer and natural areas shall be irrigated in accordance with Town standards.
(a) 
Parking lot trees located in landscape strips shall be located to avoid conflict with overhanging vehicles by aligning with the lines between spaces.
(10) 
Irrigation required. All landscaped, buffer and natural areas shall be irrigated, irrigation shall utilize water-conserving methods, in accordance with this article.
(11) 
Required landscaping shall utilize drought-tolerant native and adapted species and/or water-conserving plants and methods, to reduce irrigation demands, in accordance with Town standards.
(12) 
The preservation of each existing large tree (greater than nine inches DBH) shall relieve the applicant from the installation of three parking lot or street trees in the vicinity of the existing tree.
B. 
Buffer requirements.
(1) 
Minimum requirement. Except as otherwise provided herein, all commercial uses, places of worship and MF, PRC, and PRCHC uses shall maintain a minimum perimeter buffer area of 25 feet adjacent to any residential use or zone. Natural buffer areas, which do not maintain a density and quality of plantings equal to a single row of evergreen plantings seven feet high and five feet on center, shall be supplemented with additional plantings in order to meet minimum buffer requirements.
(2) 
Supplemental standards. The following supplementary standards shall be required for the uses so indicated:
(a) 
A minimum perimeter buffer area of 25 feet adjacent to any residential use or zone, with a density and quality of plantings equal to a double row of evergreen plantings seven feet high and five feet on center shall be required in connection with an L Industrial 1 District use.
(b) 
A minimum perimeter buffer area of 25 feet adjacent to any residential use or zone, with a density and quality of plantings equal to a triple row of evergreen plantings seven feet high and five feet on center, shall be required in connection with a gasoline station, convenience market, motor vehicle repair shop, car wash, commercial boat storage yard, outdoor storage yard, ship yard, boat repair yard, marina, lumber yard, motor vehicle dealership, ferry terminal/facility or L Industrial 2 District use.
(c) 
A minimum perimeter buffer area of 75 feet adjacent to any residential use or zone, with a density and quality of plantings equal to five rows of evergreen plantings seven feet high and five feet on center, shall be required in connection with a commercial center, regional theater, industrial use occupying a site of five acres or more or outdoor recreational use.
(3) 
Where the frontage on one side of a street is zoned for commercial use and the frontage on the opposite side of the street is residentially zoned or used, a buffer in accordance with Town standards must be maintained along said commercial street frontage.
C. 
Minimum site lighting and streetlighting requirements.
(1) 
In the Main Street Business District, the following lighting provisions shall be required:
(a) 
Decorative off-street parking lot lights of not more than 18 feet in height, and 400 watts or less shall be uniformly applied, installed and maintained.
(b) 
Off-street parking lot light fixtures shall be nonadjustable, horizontally mounted fixtures with less than ninety-degree luminaire cutoff. Fixtures that project light or glare toward the street right-of-way or adjoining properties shall not be permitted.
(c) 
Pedestrian lighting shall be uniformly applied, installed and maintained along pedestrian walkways and alleyways.
(d) 
Building-mounted light fixtures shall be for safety or signage purposes only and must direct light downward. Wall-pack lights or other lighting that shines outward toward adjoining properties or the street right-of-way shall be prohibited. Shielding shall be provided to avoid light trespass and glare.
(e) 
Exterior neon lighting, illuminated banding, or other lighting that creates a glow shall be prohibited, unless approved by the Planning Board as part of an overall theme for the development area.
(f) 
Decorative streetlights of not more than 12 feet in height shall be uniformly applied, installed and maintained situated in sidewalk cutouts every 30 feet on center along the site's frontage. The same lighting fixture shall be applied to each Main Street Business District. Streetlight fixture styles shall be one of the following:
[1] 
Battery Park Fixture.
[2] 
Pennsylvania Globe Nantucket model.
[3] 
Other models as may be approved by the Planning Board and as acceptable to the Town of Brookhaven Division of Streetlighting.
D. 
Minimum sidewalk requirements.
(1) 
In the Main Street Business District, the following sidewalk provisions shall be required:
(a) 
Except as otherwise provided herein, the minimum sidewalk width shall be 10 feet, along all road frontages.
[1] 
Sidewalks shall be concrete, unless otherwise approved by the Planning Board as part of an overall theme for the development area.
[2] 
Decorative paving materials (i.e., pavers, stamped/textured concrete, or color concrete) shall be used to accent other pedestrian spaces at building entrances, courts, plazas and along pedestrian walks.
(b) 
Except as otherwise provided herein, a minimum alleyway width shall be 15 feet.
E. 
Minimum site improvements. Except as otherwise provided herein, all development shall meet or exceed the minimum standards contained within the Town Code of the Town of Brookhaven, including, but not limited to, the Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. SR, Subdivision Regulations.
All buildings or structures erected on any of the following roadways shall maintain a setback distance not less than the following:
Roadway
Setback/Buffer
Interstate 495 and Service Roads
(Islip Town line to S.R. 112)
60-foot setback
Interstate 495 and Service Roads
(S.R. 112 to Riverhead Town line)
100-foot setback and buffer
Sunrise Highway (S.R. 27)
(Islip Town line to S.R. 112)
60-foot setback
Sunrise Highway (S.R. 27)
(S.R. 112 to Riverhead Town line)
100-foot setback and buffer
Purpose. Throughout the Town there are numerous arterial roadways, which are vital transportation corridors and merit protection from uncontrolled commercial and industrial development. On such vital roadways, a greater, more restrictive setback may be necessary and required than the setback requirements contained within the Table of Dimensional Requirements[1] for the applicable zoning district in which the parcel is located. In addition, along such vital roadways, there is a need for the establishment, uniformity and maintenance of buffer areas. Therefore, it is this Town Board's intent to provide for such more restrictive buffers in order to protect the scenic and undisturbed nature of said vital roadways.
[1]
Editor's Note: The Tables of Dimensional Requirements are included as attachments to this chapter.
[Amended 5-23-2019 by L.L. No. 13-2019, effective 6-3-2019]
The following sets forth the list of preferred tree species as referred to in § 85-843 of this chapter.
A. 
Preferred tree species list. The following preferred trees shall be used in compliance with Town of Brookhaven street tree standards and specifications (Other trees may be permitted, except such trees that are prohibited, subject to the approval of the Planning Board.):
Acer buergeranum
Trident Maple
Acer Campestre
Hedge Maple
Acer Ginnala Amur
Maple
Acer rubrum var.
Red Maple
Acer saccharum var.
Sugar Maple
Acer pseudoplatanus
Sycamore Maple
Acer tataricum
Tatarian Maple
Acer truncatium
Shanting Maple
Amelanchier ssp.
Serviceberry cumulus Autumn Sunset
Carpinus betulus
European Hornbeam
Carpinus caroliniana
American Hornbeam
Carya illinoiensis
Pecan
Celtis occidentalis
Hackberry
Cladrastis lutea
American Yellowwood
Corylus colurna
Turkish Filbert
Crataegus crus-galli inermis
Thornless Cockspur Hawthorn
Crataegus punctata inermis
Thornless Ohio Pioneer Hawthorn
Eucommia ulmoides
Hardy Rubber Tree
Ginkgo biloba
Ginkgo (male, seedless)
Gleditsia triacanthos inermis var.
Thornless Honeylocust (resistant cultivars only)
Gymnocladus dioicus
Kentucky Coffeetree
Koelreuteria paniculata
Golden raintree
Liquidambar styriciflua
Sweetgum
Lirodendren tulipfera
Tulip Tree
Maackia amurensis
Amur Maackia
Malus ssp.
Crabapple (disease-resistant cultivars only)
Nyssa sylvatica
Tupelo
Ostrya virginiana
American Hophornbeam
Plantanus x acerfolia
London Planetree
Prunus ssp.
Flowering Cherry (less than 35 feet tall), i.e., 'Accolade,' 'Kwanzan,' 'Schubert'
Prunus sargentii 'Columnaris'
Columnar Sargent Cherry
Pyrus calleryana
Callery Pear Aristocrat, 'Chanticleer,' 'Cleveland Select' (not the cultivar 'Bradford')
Quercus acuttissimas
Sawtooth Oak
Quercus bicolor
Swamp White Oak
Quercus borealis
Northern Red Oak
Quercus imbricaria
Shingle Oak
Quercus macrocarpa
Bur Oak
Quercus muhlenbergi
Chinquapin Oak
Quercus phellos
Willow Oak
Quercus robur
English Oak
Sophora japonica
Japanese Pagoda tree
Syringa reticulate
Japanese Tree Lilac
Tilia Americana
American Linden
Tilia cordata var.
Little Leaf Linden
Tilia tomentosa
Silver Linden
Ulmus carpinus var. buisman
Buisman Elm
Ulmus parvifolia
Chinese Elm
Ulmus
Elm hybrids (Dutch-elm-resistant cultivars), i.e., 'Urban,' 'homestead,' 'Pioneer,' 'Sapporo Autumn Gold'
Zelkova serrata
Japanese Zelkova
B. 
Prohibited street trees. The following trees shall be prohibited: Ailanthus, White and Silver Birch, Box Elder, Catalpa, Cottonwood, Siberian Elm, Franxinus Americana var. (White Ash), Franxinus pennsylvanica lanceolata var (Green Ash), "Franxinus quandrangulata (Blue Ash), Fruit" trees, Silver Maple, Mimosa, Pin Oak, Russian Olive, Poplar, weeping trees, willows, shrubs, all evergreens.
A. 
Building orientation shall reduce energy consumption as follows:
(1) 
All buildings shall be oriented for rooftop solar energy installation to provide the best opportunities for photovoltaic energy production and passive solar.
(a) 
A minimum of 75% of all proposed buildings shall be designed so that the longer dimension of each building is within 15% of geographical south. A minimum of 50% of the roof area of all such buildings shall be facing within 15° of geographical south.
(b) 
Design and orient the project buildings to have 50% of the roof area to be southerly facing within 15° of south facing, oriented for solar applications; or
(c) 
In the event other equivalent alternative design practices are proposed to meet the above energy-efficiency goals, the Planning Board shall determine if said alternative design practices meet the goals and may relieve requirements A(1)(a) and/or A(1)(b) above, subject to conditions as may be imposed by said Board.
(2) 
Minimize shading of south-, west- and east-facing surfaces in the heating season and maximize exterior shading of south-, east-, and west-facing vertical surfaces in the cooling season.
B. 
Soil management shall conserve natural resources by:
(1) 
Implementing an erosion control plan during construction; and
(2) 
Implementing permanent erosion and conservation methods.
(3) 
Implementing construction methods to reduce and mitigate soil compaction prior to landscape installation.
C. 
Irrigation shall conserve natural resources through the use of water conservation methods, including:
(1) 
Drip irrigation on all buffer areas and shrub plantings; and
(2) 
Automatic timers, rain sensors and moisture meters.
D. 
Drainage shall conserve natural resources by: The following supplementary systems shall be designed and constructed in accordance with NYS Stormwater Management Design Manual, Chapter 5.
(1) 
Installation of rain gardens, vegetated swales and bioretention areas. The area of these features shall be calculated as meeting the minimum natural area and/or landscaping requirements; and/or
(2) 
The installation of permeable pavements; and/or
(3) 
The use of rain catchment systems.
E. 
Landscape and plant selection shall reduce water usage and maintenance by:
(1) 
Selecting plants which are drought-tolerant, native and adapted species, as included in Figure 5-2,[1] and 50% of all species shall meet said criteria; and/or
[1]
Editor's Note: Figure 5-2 is included as an attachment to this chapter.
(2) 
Preserving plant communities of native plants existing on site; and/or
(3) 
Installing or using vegetation to minimize building cooling requirements; and/or
(4) 
Installing or using vegetation to reduce building heating requirements; and/or
(5) 
The use of small-leafed trees and evergreen trees to reduce maintenance; and/or
(6) 
Reducing urban heat island effects through the planting of parking lot trees to shade paved areas.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
A. 
The number of parking spaces shall be provided as set forth in § 85-852, Table of Parking Requirements, on the same lot as the principal use, and satisfactorily maintained by the owner of the property for each building, structure or premises which shall be hereafter erected, enlarged or altered for use for any of the purposes as listed in § 85-852, Table of Parking Requirements.
B. 
In the case of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses computed separately, including special permit accessory uses. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use; except that commercial center and multi-tenant industrial uses typically containing a mix of individual tenants that are collectively identified as a single permitted use (i.e., commercial center or multi-tenant industrial use) should not be computed as separate individual uses.
C. 
Shared parking may be permitted as determined by the Planning Board, when variations occur in the accumulation of vehicles by hour, by day or by season by the individual land uses or the relationships among multiple land uses result in visiting multiple land uses on the same auto trip.
D. 
A public parking garage serving more than one land use shall count towards satisfying the requirements of this chapter.
E. 
A private parking garage or carport serving an individual single-family residence or an individual multifamily residence shall not count towards satisfying the requirements of this chapter, except for such individual use.
F. 
A canopy or overhang used specifically for pedestrians or specifically for motor vehicles such as for the purpose of gasoline filling station, drive-through facility or similar purpose shall not be used to calculate the parking requirements as listed herein.
G. 
Any use not otherwise expressly provided for shall be determined as deemed adequate by the Planning Board.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
A. 
Loading spaces shall be provided, on the same lot as the principal use, and satisfactorily maintained by the owner of the property for each building, structure or premises which shall be hereafter erected, enlarged or altered for use for any business or industrial purpose in accordance with the following schedule:
Building Floor Area
(square feet)
Loading Spaces Required
Under 8,000
1
8,000 to 25,000
2
25,000 to 40,000
3
40,000 to 100,000
4
100,000 to 125,000
5
Each additional 200,000
1
B. 
No loading spaces shall be required for any building or structure used exclusively for the occupancy of office, bank, place of worship or other use as may be approved by the Planning Board, provided that an equal number of parking spaces shall be provided and maintained in lieu thereof.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
In the event that any building or structure shall be hereafter altered or enlarged, the entire building or structure shall be deemed new construction, and the number of parking and loading spaces to be provided and maintained for such building or structure as altered or enlarged shall be determined on such basis. When a building is enlarged, the parking is recalculated based on the provisions contained herein.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014; 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019]
The Table of Parking Requirements is as follows:
Principal Land Use
Parking Requirement
Additional Requirement
Agricultural, greenhouse
A minimum 5 stalls, or 1 per 60,000 sf of land or part thereof
See Note 1
Airport
1 per 200 sf of gfa for airport terminal
1 per private plane, 0.80 per passenger plane
Accessory uses: 1 per 400 sf of gfa
Adult uses
1 per 150 sf of gfa
Art galleries, artist studio, community center, exhibit hall, museum, nonprofit cultural center
1 per 300 sf of gfa
See Note 2
Assembly and social recreation hall
With fixed seats: 1 per 2 seats
Without fixed seats: 1 per 100 sf of gfa
Bank
1 per 150 sf of gfa
See Note 2
Bar, tavern, nightclub
1 1/2 per 2 persons legally accommodated
See Note 2
Bed-and-breakfast
1 per guest room
2 additional spaces for proprietor residential unit
Billiard hall
1 per 150 sf of gfa
See Note 2
Bowling alley
4 per alley
Casino, gaming center, off-track betting facility
2 per 150 sf of gfa
See Note 2
Commercial center, large commercial retail
1 per 175 sf of gfa
See Note 1
Convenience store
1 per 100 sf of gfa
See Note 2
Convent, monastery
1 per 10 residents, or
1 per 1,000 sf of gfa, whichever is less
Day-care, adult day-care facility
1 per 400 sf of gfa
See Note 2
Drive-through service queue
Bank: 6 per window
Drive-in establishment: 6 per window, or 4 per window if more than 2 windows
Major restaurant: 12 per window
Motor vehicle wash: 20 for automatic, 5 for self-serve
Pharmacy: 3 per window
Dry cleaner
1 per 150 sf of gfa
See Note 2
Electric-generating facility
A minimum 10 stalls or as required by the Planning Board
Farmers market
1 per 300 sf of gfa
See Note 1
Farm stand
1 per 200 sf or part thereof
See Note 1
Health club
1 per 150 sf of gfa
See Note 2
Home occupation
1 per 200 sf of gfa used for the occupation
Hotel, motel, boardinghouse
1 per guest room or suite
Hotel, convention/conference center
1 per guestroom or suite, plus 1 space per each 4 seats in the largest assembly hall or meeting area
Hospital
2 per 3 patient beds
1 per staff member/employee on maximum shift
Kennel
1 per 300 sf of gfa
Laundromat, mega laundromat
1 per 150 sf of gfa
See Note 2
Live performance community theater
1 per 3 seats
See Note 2
Lodge
With fixed seats: 1 per 2 seats
Without fixed seats: 1 per 100 sf of gfa
Lumberyard
1 per 200 sf of gfa
See Note 1
Main Street Business District
1 per 150 sf of gfa
Second/third story: residential: 1 per bedroom
Office: 1 per 500 sf of gfa
See Notes 2 and 3
Manufacturing warehouse, research and development
1 per 400 sf of gfa
Multi-tenant: 1 per 250 sf of gfa
See Note 1
Marinas
1 per 3 boat slips, boat rack or mooring station
Mini-storage warehouse
1 per 2,000 sf of gfa
See Note 1
Mixed-use building
1 per 150 sf of gfa
Second story: 1 per residential bedroom or 1 per 500 sf of gfa for nonresidential
See Note 2
Model dwelling
4 per first model dwelling unit and
2 additional spaces per each additional adjoining model dwelling unit
Motor vehicle dealership
Heavy construction dealership
Showroom: 1 per 1,000 sf of gfa
1 per employee
Service area: 1 per 300 sf of gfa
Motor vehicle fueling station
A minimum of 2 stalls
Motor vehicle rental
1 per 400 sf of gfa
Motor vehicle repair
1 per 200 sf of gfa
Plus depot as directed by the Board
Motor vehicle wash
1 per 400 sf of gfa
Finishing area: 10 for automatic, 2 for self-serve
Movie theater, community
1 per 3 seats
See Note 2
Movie theater, regional
1 per 2 seats
Non-degree-granting instruction programs
1 per 150 sf of gfa
See Note 2
Nursery/Garden center
A minimum 10 stalls, plus 1 per 10,000 sf of land or part thereof
1 per 150 for building area over 5,000
See Note 1
Office
1 per 150 sf of gfa
See Note 2
Outdoor display
None
See Note 1
Outdoor seating
1 per 4 seats for full waiter service seating
1 per 8 seats for no waiter service seating
See Note 1
Outdoor storage
1 per 20,000 sf of land or part thereof
See Note 1
Place of worship
1 per 3 persons in sanctuary areas
See Note 2
Personal service shop
1 per 150 sf of gfa
See Note 2
Pharmacy
1 per 150 sf of gfa
See Note 2
Printing plant
1 per 300 sf of gfa
Public utility
1 per 300 sf of gfa
Recreation/Amusement
Indoor: 1 per 150 sf of gfa or, with fixed seats; 1 per 2 seats
Outdoor: 1 per 5,000 sf of land or, with fixed seats; 1 per 2 seats
See Note 2
Residential
Single- and two-family dwelling: 2 per dwelling unit
Multifamily dwelling: 2 per dwelling unit
Planned retirement community: 1.5 per dwelling unit
Assisted-living facility, congregate housing: 1 per dwelling unit
Nursing home: 1 per 2 patient beds, plus 1 per 150 sf of office gfa
Fraternities, sororities, dormitories: 1 per 2 beds
1 on-site off-street parking space per dwelling unit when an accessory apartment is permitted by § 85-258
Each parking space for all residential uses, other than single-family residential, must be accessible at all times; tandem parking arrangements are the equivalent of one parking space.
Restaurant; restaurant, major
Restaurant: 1 per 3 seats, or 1 per 150 sf of gfa, whichever is greater
Major restaurant: 1 per 2 seats, or 1 per 100 sf of gfa, whichever is greater
See Note 2
Restaurant, take-out, delicatessen
1 per 150 sf of gfa
See Note 2
Retail, shops and stores
1 per 150 sf of gfa
See Note 2
Schools
Public, private school or parochial school with or without dormitory facilities: 1.5 per classroom
College/University, excluding dormitories: 1 per 150 sf of gfa
Plus safe and convenient loading and unloading of students
Shops for custom work
1 per 150 sf of gfa
Stone and mason supply
A minimum 10 stalls, plus 1 per 20,000 sf of land or part thereof
See Note 1
Undertaking establishment
1 per 150 sf of gfa or 20 per viewing room, whichever is greater
See Note 2
Veterinarian
1 per 200 sf of gfa
See Note 2
NOTES:
(1)
The areas of any accessory outdoor sales area, outdoor storage area, or outdoor seating shall be included in minimum parking and loading space calculations.
(2)
Improved and designated on-street parking along the development street frontage or municipal parking within 200 feet of the site may be included in meeting the parking requirement at the discretion of the Planning Board.
(3)
The Planning Board may consider a fee in lieu of required parking which shall be utilized for improvements and/or maintenance of municipal parking facilities.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
Every application for a permit to erect, enlarge or alter a building, structure or premises which requires a parking or loading area or on-street parking shall be accompanied by a plot plan drawn to scale, upon which the following will be shown:
A. 
The required number of parking spaces and loading spaces with the passageways and driveways appurtenant thereto giving direct access to a street.
B. 
The location and width of all curb cuts for driveways, travel ways, entrances and exits as approved by the Town Superintendent of Highways and, in a proper case, by the County Department of Public Works or by the State Department of Transportation.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
Off-street and on-street parking and loading areas in all districts shall be constructed and maintained in the following manner:
A. 
Parking lot or field maintenance. Any paving, sealing, striping or signage changes shall require a building permit and must be maintained in accordance with the current ADA parking requirements of the NYS Building and Property Maintenance Code.
(1) 
Existing parking lots that do not meet current ADA parking requirements for the number and/or size of handicap-accessible parking stalls shall not be penalized for loss of parking stalls as a result of handicap-accessible parking being brought into compliance.
B. 
An off-street parking stall shall be not less than nine feet wide and 19 feet long for a ninety-degree parking stall. The dimensions of the parking spaces shall be determined by the Planning Board based on the design and the type of improvements to be done to the parking lot or field.
C. 
An off-street parking stall shall be not less than eight feet wide and 22 feet long for parallel parking stalls. Generally, angled parking at a forty-five-degree angle shall be not less than 12 feet wide, as measured along the curbline, and 18 feet long, as measured parallel to and from the curbline. Generally, angled parking at a sixty-degree angle shall be not less than 11 feet wide, as measured along the curbline, and 19 feet long, as measured parallel to and from the curbline. The dimensions of the parking spaces shall be determined by the Planning Board based on the design and the type of improvements to be done to the parking lot or field.
D. 
A drive-through queue space shall be not less than nine feet wide and 22 feet long.
E. 
All drive aisles and driveway widths within parking areas shall be determined by the Planning Board. Aisles adjoining or adjacent to a building shall be wide enough to accommodate fire lanes/zones as may be required by the New York State Uniform Fire Prevention and Building Code.
[Amended 2-28-2019 by L.L. No. 6-2019, effective 3-12-2019]
F. 
All parking and loading spaces and the passageways and driveways appurtenant thereto shall be paved with an asphaltic or concrete surface, including other impervious materials as may be determined by the Planning Board based on the design and the type of improvements to be done to the parking lot or field.
G. 
Each parking and loading space shall be clearly marked and delineated.
H. 
The entire parking area shall be adequately illuminated at night during the business hours of the premises which it serves, in accordance with the lighting standard provisions of this chapter.
I. 
All underground installations shall have suitable covers or bridges sufficient to support all traffic over the same.
J. 
Concrete curbs and sidewalks shall be provided along all street frontages, except such requirement may be waived by the Superintendent of Highways.
K. 
Paving, curbing, sidewalks, signs, traffic signs, catch basins and any other required work or installation shall fully comply with the Town of Brookhaven standard street and public improvement construction specifications.
L. 
Landbanked parking.
(1) 
Parking adequacy. The Planning Board shall be solely responsible for determinations concerning the adequacy of parking and as a part of site plan review shall be authorized to require the temporary waiver or landbanking of parking in order to supplement the proposed landscape or natural areas or to accommodate cross access or similar planning objectives, provided that it is determined adequate parking exists on site to accommodate the proposed use.
(2) 
Commissioner review. The Commissioner of Planning, Environment and Land Management shall also be authorized to require the temporary waiver or landbanking of parking in an amount not to exceed 25% of the required parking on site.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
A. 
Front yards; parking and loading areas. No part of any required front yard, other than a driveway in a residential district, shall be used for the parking of motor vehicles or for loading and unloading operations. No part of any parking or loading area shall be used for sales, storage of trailers, carts, boats, car parts, repair work, dismantling or servicing of any kind.
B. 
Parking of commercial vehicles in residential districts.
(1) 
Prohibitions. The parking of commercial vehicles with a gross vehicle weight rating of 10,000 pounds or more on residential streets and residential property is hereby prohibited.
(2) 
Exceptions. The following shall be excepted from the provisions of this subsection:
(a) 
Motor vehicles with a gross vehicle weight rating of not more than 10,000 pounds.
(b) 
Commercial vehicles in the process of making local deliveries.
(c) 
Commercial vehicles owned by public utilities and governmental and municipal agencies where necessary for the maintenance, repair and construction of public utility and governmental and municipal services and facilities.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
Parking spaces shall not be considered provided pursuant to this article unless they are readily available without charge to the residents, employees and visitors of the building, structure or premises for which such parking spaces are required.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
The Town Board, after determining that the parking or loading facilities required by this article and the current NYS Building and Property Maintenance Codes are not being maintained in full compliance with the provisions of this article, may forthwith revoke the certificate of occupancy issued for the building, structure or premises for which the parking or loading facilities are required.
[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]
The foregoing provisions of this article shall not apply to the following districts: RD Residence District, CD Commercial District and OFD Oceanfront Dune District.
A. 
The general purpose of §§ 85-862 through 85-873 is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky by establishing provisions and a process for review of exterior lighting.
B. 
Sections 85-862 through 85-873 establish provisions for exterior lighting in order to accomplish the following:
(1) 
To provide safe roadways for motorists, cyclists and pedestrians;
(2) 
To protect against direct glare and excessive lighting;
(3) 
To ensure that sufficient lighting can be provided where needed to promote safety and security;
(4) 
To prevent light trespass in all areas of the Town;
(5) 
To protect and reclaim the ability to view the night sky;
(6) 
To allow flexibility in the style of lighting fixtures;
(7) 
To provide lighting guidelines;
(8) 
To discourage the wasting of energy used to produce excessive lighting;
(9) 
To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with §§ 85-862 through 85-873;
(10) 
To minimize the impact of stray lighting on human health, habitat and environment.
C. 
Definitions. As used in §§ 85-862 through 85-873, unless otherwise expressly stated, the following terms shall have the meanings indicated:
AREA LIGHT
A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens (100 watts incandescent).
AVERAGE HORIZONTAL FOOTCANDLE
The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground.
ESSENTIAL LIGHTING
Lighting that is used for a specified period of time, which is necessary for a specific task or purpose while said task or purpose is actively being performed. This includes lighting that is necessary to promote public safety or facilitate public circulation.
EXCESSIVE LIGHTING
Illuminance levels beyond that which is required for safety, as is indicated on the Table of Limits of Illumination Levels (See Table 3, included as an attachment to this chapter.)
EXTERIOR LIGHTING
Temporary or permanent lighting equipment that is installed, located or used in such a manner with the intention to cause light rays to shine outdoors. Luminaires located indoors that are intended to light something outside are considered exterior lighting for the purposes of §§ 85-862 through 85-873.
FIXTURE (ALSO CALLED "LUMINAIRE")
The bulb, the assembly that holds the bulb (or lamp) in a lighting system, and the mounting apparatus, including reflecting elements, shielding elements, cover glass or lenses, the ballast, and the housing.
FLOODLIGHT
A fixture rated to produce over 1,800 lumens (100 watts incandescent), regardless of the number of bulbs, and is designed to flood an area with light.
FOOTCANDLE (FC)
The American unit of illuminance (the amount of light falling on a surface). One footcandle is approximately equal to the illuminance produced by a light source of one candle, measured on a surface one foot away from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters.
FULL CUTOFF (FCO)
A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer as produced by an independent lab. A cutoff, or semi-cutoff, design allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal.
FULLY SHIELDED
A luminaire constructed, lamped, and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. A full cutoff fixture is also fully shielded, but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report.
GLARE
Stray, unshielded light striking the eye that may result in:
(1) 
Nuisance or annoyance, such as light falling across property lines;
(2) 
Discomfort, such as bright light causing squinting of the eyes;
(3) 
Disability, such as bright light reducing the ability of the eyes to see into shadows and visual performance; or
(4) 
Distracting light which diverts the eye from a visual task.
HID LIGHTING
A family of bulb types known as "high intensity discharge," including high-pressure sodium, mercury vapor, and metal halide. These types require a warm-up time, usually require a ballast, and have a higher lumen output per watt than incandescent or halogen lamps.
HOLIDAY LIGHTING
Temporary lights used to celebrate holidays. Holiday lighting includes, but is not limited to, strings of small individual lights, illuminated menorahs, illuminated nativity scenes, illuminated candles, and various yard decorations seasonal in nature.
IESNA
Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry.
IESNA RECOMMENDED PRACTICES
The publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc.
ILLUMINANCE
The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandle."
LAMP
The generic term for an artificial light source, to be distinguished from the whole assembly (see "fixture"); commonly referred to as the "light bulb."
LIGHT
The form of radiant energy acting on the retina of the eye to make sight possible.
LIGHTING ASSEMBLY
Any or all parts of a luminaire that function to produce light, including the bulb, assembly, ballast, mounting features and/or pole.
LIGHT POLLUTION
Any adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, wasted energy due to excessive or unnecessary lighting, or any man-made light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna.
LIGHT TRESPASS
Light projected onto the property of another or into the public right-of-way when it is not required or permitted to do so.
LUMEN
A unit used to measure the actual amount of light that is produced by a bulb. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. For example, a seventy-five-watt incandescent lamp can produce 1,000 lumens while a seventy-watt high-pressure sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer on the light bulb packaging.
LUMINAIRE
The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), including the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit.
LUMINANCE
The brightness of a source of light.
MOUNTING HEIGHT
The distance from natural grade to the lowest light-emitting part of the luminaire.
NONCONFORMING
Lighting which does not meet the requirements and specifications contained herein.
NONESSENTIAL LIGHTING
Lighting which is unnecessary and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).
PARTIALLY SHIELDED
A luminaire which is not fully shielded but incorporates a partial shield around the lamp.
PHOTOMETRICS
Technical test reports that indicate light distribution and performance from a luminaire. Photometric reports may include candlepower distribution data, cutoff classifications, footcandle charts, etc. These are generally available from the luminaire manufacturers.
SKYGLOW
The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Skyglow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. Among other effects, skyglow reduces one's ability to view the night sky. Different sources of light, in equal quantities, can contribute differently to sky glow.
TEMPORARY LIGHTING
Lighting that is intended to be used for a specific event and removed within seven days thereafter.
UNIFORMITY RATIO (U RATIO)
A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot.
UNSHIELDED FIXTURE
A fixture which, as designed or installed, emits all or part of the light emissions above the lowest light-emitting part of the fixture.
REPAIR OF A LUMINAIRE OR SIGN
Any service normally provided by a licensed electrician upon a luminaire or sign. Repair shall be considered to include replacement or modification of any of the following: poles, mounting arms, housings, hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles, shields, sensors, switches, relays, power supplies, and lamp replacement modules which contain any of the items listed above. Replacement of a user-serviceable lamp will not by itself be considered a repair.
A. 
All exterior lighting, installed, replaced, altered, changed, repaired or relocated after the effective date of §§ 85-862 through 85-873, shall conform to the provisions established by §§ 85-862 through 85-873 except as provided hereto.
B. 
Existing exterior lighting in conflict with §§ 85-862 through 85-873 shall be classified as "nonconforming." Except as provided elsewhere in §§ 85-862 through 85-873, all exterior lighting existing or installed prior to the date of the adoption herein, which does not conform with the provisions of §§ 85-862 through 85-873, shall be exempt, provided that the following requirements are met:
(1) 
Upon adoption of §§ 85-862 through 85-873, with any installation, replacement, alteration, change, repair, or relocation of any nonconforming luminaire, such luminaire shall be brought in compliance with the terms of §§ 85-862 through 85-873.
(2) 
To the extent that preexisting residential exterior floodlights can accommodate lamps of a total of less than 1,800 lumens (100 watts incandescent), said exterior lighting shall be equipped with a lamp or lamps of a total of less than 1,800 lumens (100 watts incandescent) per fixture and, to the extent possible, be angled downward, such that the center beam is not directed above a forty-five-degree angle measured from the vertical line drawn from the center of the lamp to the ground, and so as not to cause glare, light trespass, or beam spread beyond the intended target or across property lines. Operable photocells, motion sensors, timers that allow a light to go on at dusk and off by 11:00 p.m., as well as retrofit shields, are encouraged to alleviate nuisance and disability glare.
(3) 
Lighting that is determined by municipal law enforcement to contribute to a condition of disabling or distracting glare into a public roadway may be ordered to be changed or removed at any time.
(4) 
Nonessential lighting can be ordered extinguished, including mobile or ground-mounted searchlights, laser light shows, decorative flashing, blinking, or tracing lights, exclusive of exempt holiday lighting.
C. 
Exceptions.
(1) 
Unshielded residential luminaires. Unshielded residential luminaires equal to one sixty-watt incandescent lamp per fixture, regardless of number of lamps, are allowed, provided light trespass limitations are met.
(2) 
Vehicular lights and all temporary emergency lighting needed by the fire, ambulance, police departments or other emergency services are exempt.
(3) 
Holiday exterior lighting: holiday exterior lighting lit between October 15 and January 15 of the following year.
(4) 
Residential sensor-activated luminaires, provided:
(a) 
The luminaire is operational and located in such a manner, or shielded, to prevent glare and light trespass;
(b) 
The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased; and
(c) 
The sensor shall not be triggered by activity off the property.
(d) 
The luminaire output, regardless of the number of lamps, does not exceed 1,800 lumens (100 watts incandescent).
(5) 
Illumination of signs permitted pursuant to the Town of Brookhaven Chapter 57A, Signs, and any amendments made hereto.
(6) 
In situations of lighted flags which are not illuminated with "downward" lighting, upward lighting may be used in the form of a single ground-mounted narrow cone spotlight which confines the illumination to the flag, provided the lumen output is no more than 1,300 lumens, regardless of the number of lamps. The Town encourages the tradition of lowering flags at sunset to avoid the need for lighting.
(7) 
Lighting of radio, communications and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with §§ 85-862 through 85-873, and that the provisions of §§ 85-862 through 85-873 are otherwise met to the fullest extent possible. Tower lighting shall not be permitted unless required by the FAA; in which case required lighting shall be of the lowest allowed intensity and red, unless specifically forbidden under FAA requirements. Towers which are constructed no higher than 199 feet are preferable to avoid the need for FAA lighting.
(8) 
Runway lighting. Lighting on any approved landing strip or runway, provided that the owner or occupant demonstrates that FAA regulations can only be met through the use of lighting that does not comply with §§ 85-862 through 85-873.
A. 
No residential or nonresidential luminaires shall be taller than 20 feet from the natural grade to the lowest light-emitting part of the fixture. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.
B. 
Luminaires for municipal playing fields and new municipal streetlights shall be exempt from the height restriction, provided all other provisions of §§ 85-862 through 85-873 are met.
C. 
Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.
D. 
All exterior lighting rated to be lamped at 1,800 lumens (100 watts incandescent) and greater shall use full cutoff luminaires, as determined by photometry test or certified by the manufacturer, and installed as designed with the light source directed downward. All exterior lighting 1,800 lumens (100 watts incandescent) and less shall use fully shielded fixtures and shall be installed as designed.
A. 
All residential and nonresidential exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.
B. 
All lighting in the Town of Brookhaven shall not exceed recommended light levels as listed in Table of Illumination Limits, Table 3.[1]
[1]
Editor's Note: Table 3 is included as an attachment to this chapter (see Attachment 8).
C. 
All streetlight luminaires shall be full cutoff, except that a historic-style decorative luminaire may emit up to 2% of its total lumens above the horizontal plane; and:
(1) 
For roadway lighting, a determination is made that the purpose of the lighting installation or replacement cannot be achieved by installation of reflectorized roadway markers, lines, warnings, informational signs, or other passive means; and
(2) 
Adequate consideration has been given to conserving energy and minimizing glare, sky glow, and light trespass.
A. 
Permissible luminaire location and effects.
(1) 
No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. See Table 1 and Table 2 for setback, height, and maximum light output recommendations for guidance.[1]
[1]
Editor's Note: Tables 1 and 2 are included as attachments to this chapter (see Attachment 8).
(2) 
The maximum illuminance at or beyond the property line that adjoins a residential parcel or public right-of-way may not exceed 0.05 footcandle horizontal on the ground or 0.05 footcandle vertical measured at a five-foot height above the ground, unless another applicable law supersedes. Maximum horizontal or vertical illuminance allowed between adjacent commercial properties is 0.1 footcandle.
B. 
Permissible levels of illuminance.
(1) 
The average illuminance levels listed in the Illumination Levels for Various Common Tasks, as provided in Table 3,[2] shall not be exceeded for nonresidential exterior lighting unless otherwise specified or approved by the reviewing board, department, division or agency of the Town of Brookhaven.
[2]
Editor's Note: Table 3 is included as an attachment to this chapter (see Attachment 8).
(2) 
The Town of Brookhaven recognizes that not every situation will require lighting, including situations which may utilize the installation of reflectorized markers, lines, signs or other passive means, and excessive or unnecessary light shall be avoided.
(3) 
Illuminance level measurements for parking lots, sidewalks, and other walkways shall include light contributions from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and streetlights.
(4) 
In no instance may any lighted surface, as installed, except for municipal athletic fields, exceed the maximum values listed in Table 3 for the appropriate task, as measured horizontally or vertically by a light meter.
C. 
High-pressure sodium, compact fluorescent, or low-pressure sodium shall be used for all light sources rated over 1,800 lumens (100 watts incandescent). Metal halide (MH) rated over 3,000K and mercury vapor (MV) light sources are not permitted.
A. 
All exterior lighting shall be designed, located, and lamped in order to prevent:
(1) 
Overlighting;
(2) 
Energy waste;
(3) 
Glare;
(4) 
Light trespass; and
(5) 
Unnecessary skyglow.
B. 
All conforming and nonconforming exterior lighting shall be turned off within 1/2 hour after the close of business and no later than 11:00 p.m. for those businesses that are closed to the public on or before 9:00 p.m. Lights that are controlled by photocells and timers are encouraged, as is the use of sensor-activated lights to replace existing lighting which may be needed for safety or emergency purposes.
C. 
Under-canopy lights, such as service station lighting, shall be full cutoff and fully recessed to prevent glare and light trespass. Illuminance levels at gas stations shall not exceed those established in Table 3.[1]
[1]
Editor's Note: Table 3 is included as an attachment to this chapter (see Attachment 8).
D. 
Area exterior lights. All area exterior lights shall be full cutoff luminaires.
E. 
After the adoption of §§ 85-862 through 85-873, no person, firm, owner, tenant, person in possession, partnership, corporation or other business entity shall install, replace, relamp, or repair any luminaire that lights a public right-of-way within the Town of Brookhaven, under the Town's jurisdiction, without first receiving prior written approval for such installation from the applicable board, department, division or agency of the Town of Brookhaven.
F. 
Automatic teller machine (ATM) and other bank lighting shall be full cutoff and shall not cause glare or light trespass. Light levels shall not exceed those established by the New York State ATM Lighting Law as enacted in 2006.[2]
[2]
Editor's Note: See the ATM Safety Act, Banking Law § 75-a et seq.
G. 
Unshielded wall packs and floodlights are prohibited.
A. 
Any application submitted to any board, department, division or agency of the Town of Brookhaven shall include exterior lighting plans, luminaire and controls specifications and additional documentation if any exterior lighting is to be used, regardless of whether the exterior lighting is preexisting or proposed, showing the following, in order to verify that exterior lighting conforms to the provisions of §§ 85-862 through 85-873:
(1) 
Location of each current and proposed outdoor exterior lighting fixture indicated on a site plan.
(2) 
Type of luminaire equipment, including cutoff characteristics, indicating manufacturer and model number.
(3) 
Lamp source type, lumen output, and wattage.
(4) 
Mounting height indicated, with distance noted to nearest property line, for each proposed and existing luminaire.
(5) 
Shielding and all mounting details, including pole foundation description.
(6) 
Initial illuminance levels as expressed in footcandle measurements on a grid of the site showing footcandle readings in every five-foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including streetlights).
(7) 
Statement of the proposed hours when each luminaire will be operated.
(8) 
Total exterior lighting lamp lumens for proposed property.
(9) 
Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire.
(10) 
Detailed IES formatted photometric data for each fixture at mounting height and lumens proposed. (Note: This is computer-generated data which is supplied by all manufacturers, describing the light output of a fixture, upon which lighting plans are based. This will allow the Planning Department to fully assess the suitability of a fixture in a lighting plan, should it wish to double check the submission.)
(11) 
Types of timing devices used to control on/off.
(12) 
If necessary, documentation by a licensed lighting engineer showing that the provisions can only be met with a design that does not comply with §§ 85-862 through 85-873.
(13) 
Appropriate exterior lighting levels are dependent upon the general nature of the surroundings, and the reviewing board, department, division or agency of the Town of Brookhaven may require more or less than those listed in Table 3,[1] which are based on the IESNA Recommended Practices Guidelines, RP 33 Lighting for Exterior Environments and RP 20 Lighting for Parking Lots.
[1]
Editor's Note: Table 3 is included as an attachment to this chapter (see Attachment 8).
B. 
No exterior lighting shall be installed, replaced, altered, changed, repaired, relocated, enlarged, moved, improved, or converted unless it conforms to a lighting plan approved by the applicable reviewing board, department, division or agency of the Town of Brookhaven.
C. 
The following guidelines will be made available to applicants to facilitate compliance:
(1) 
Illustrations of full cutoff and fully shielded fixtures.
(2) 
Diagrams of generally acceptable and generally unacceptable light fixtures.
(3) 
Diagrams of recommended fixture placement in relation to the property line to control light trespass.
(4) 
Table for mounting height and maximum light output recommendations.
(5) 
Table of limits of illumination targets for various common tasks, including parking lots, gas stations, walkways, and signs.
The Guidelines for Exterior Lighting included as an attachment to this chapter,[1] and any amendments thereto, are hereby incorporated and made part of §§ 85-862 through 85-873.
[1]
Editor's Note: See Attachment 8.
A. 
The Chief Building Inspector shall cause a notice of such violation to be served on the owner or person in possession of the building, structure or lot where said exterior lighting is located or the lessee or tenant of the part of or of the entire building, structure or lot where said exterior lighting is located, requiring such owner, person in possession, lessee or tenant to remove such illegal exterior lighting within 30 days. Such notice may be served personally or by certified mail, return receipt requested, and shall notify the owner, lessee or tenant that the failure to remove said exterior lighting may result in the issuance of an appearance ticket and/or an action in Supreme Court seeking the removal of said exterior lighting.
B. 
Any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which fails to comply with a written order of the Chief Building Inspector of the Town of Brookhaven within 30 days from the date of notice or fails to comply with any lawful order, notice, directive, permit or certificate of the Chief Building Inspector made hereunder shall be deemed in violation of §§ 85-862 through 85-873. Failure to comply may result in actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violation of §§ 85-862 through 85-873.
C. 
All exterior lighting under the jurisdiction of the Town of Brookhaven that does not conform to these regulations shall be brought into compliance within 10 years of the effective date of the adoption of these regulations or when the light fixtures are removed or replaced, whichever occurs first.
It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity to install, alter, repair, move, equip, use or maintain any exterior lighting in violation of any of the provisions of §§ 85-862 through 85-873, or to fail in any manner to comply with a notice, directive or order of the Chief Building Inspector of the Town of Brookhaven.
If any clause, sentence, paragraph or section of §§ 85-862 through 85-873 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.
Every part of a required yard shall be open and unobstructed by any building or structure from its lowest point upwards, except as follows:
A. 
Accessory buildings and structures are permitted in the rear yards and non-required side yards in those districts in which they are specifically permitted.
B. 
Awnings, sills, cornices, buttresses and eaves may project not more than two feet over or into any required yard.
C. 
Walks not wider than four feet and not above grade greater than eight inches at any point constructed of any material, strips and steps for negotiating ground slopes, retaining walls, hedges and natural growth, fences, paved terraces and paved areas which are not roofed over and are unenclosed except for an open guardrail not over three feet in height, all accessory to and customarily incidental to the principal use, are permitted in yards; provided, however, that a strip four feet in width adjoining the lot shall be unobstructed by any structure or feature that is higher than two feet above the ground level, except a fence, hedge or natural growth or retaining wall.
D. 
Unenclosed one-story roof-over porches.
[Added 3-27-2019 by L.L. No. 8-2019, effective 4-1-2019; amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]
(1) 
Unenclosed one-story roof-over porches to building entrances in the front of the building, not greater than the width of the principal building, excluding attached garages, may extend not more than six feet into the required front yard. Notwithstanding the dimensions herein, in no instance may said porch encroach closer than 24 feet from the front lot line. For purposes of this section, a handicap accessibility ramp shall be a permitted encroachment into any yard.
(2) 
Unenclosed one-story roof-over porches to building entrances on the side, rear or secondary fronts, not greater than eight feet in width, may extend not more than four feet into any required side, rear or secondary front yard. For purposes of this section, a handicap accessibility ramp shall be a permitted encroachment into any yard.
E. 
Openwork fire balconies, fire escapes and exterior entrances into basements may extend not more than five feet into a required yard.
F. 
Chimneys and flues may extend not more than two feet, for a length not exceeding 10 feet, into a required yard.
G. 
Unenclosed ground-level or first-story decks may extend into the required side yard, required rear yard or non-required front yard, but may not exceed the setback requirements for accessory structures. No part of any deck greater than four feet in height above the surrounding ground level may be located closer than 15 feet to a side or rear property line.
H. 
Unroofed steps to building entrances, not wider than eight feet and with each step not deeper than 12 inches.
I. 
Playground equipment, swing sets, generators and pool equipment located in the secondary front yard shall be set back twice the distance required under applicable zoning district setback requirements.
[Added 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]
A. 
Every corner lot and every through lot shall have a front yard on each street. The depth of each front yard shall be determined by the regulations applicable to the district in which said lot is located.
B. 
For principal structures located on corner lots, that portion of said corner lot which has frontage upon the street which the main entrance of the building faces, as shown by plans or physical layout, shall be deemed the primary front; the rear lot line shall be opposite the primary front lot line; and that portion of a corner lot which has frontage upon the street which the main entrance of the building does not face, as shown by plans or physical layout, shall be deemed a secondary front; lot lines opposite a secondary front lot line shall be deemed a side yard and shall have a minimum width equal to the minimum side yard requirements of the zoning district in which located.
C. 
For principal structures located on corner lots, the rear yard shall consist of an open unoccupied space situated between the rear lot line (the "rear lot line" consists of the lot line directly opposite the street upon which the side of the house having the main entrance faces) and the rear line of the structure (the "rear line of the structure" consists of the side of the structure directly opposite the side of the structure in which the main entrance is located), but such rear yard shall not extend beyond the side lines of the structure on any side that faces a street.
No building permit shall be issued for the construction or alteration of any structure located on a freshwater or tidal wetland, as defined by the Wetlands Law of the Town of Brookhaven,[1] until the applicant has complied with all the provisions of said Wetlands Law and has obtained a permit pursuant to said Wetlands Law when necessary.
[1]
Editor's Note: See Ch. 81, Wetlands and Waterways.
On any corner lot, no wall, fence, barrier, structure, vehicle, pile, mound, hedge, tree, shrub, bush or other growth which may cause danger to traffic by obscuring or obstructing visibility at intersections shall exceed 2 1/2 feet in height, measured from the existing elevation of the center line of any intersecting street, at any point within a radius of 30 feet of the apex of the corner formed by any intersecting streets.
A. 
The lawful use of any building, structure or lot(s) existing at the effective date of the zoning ordinances of the Town of Brookhaven may be continued although such use does not conform to the provisions of this chapter, provided that the following conditions are met:
(1) 
Establishment. The establishment of a nonconforming use shall require the review and approval of the Board of Zoning Appeals.
(2) 
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the effective date of the zoning ordinances of the Town of Brookhaven shall not be deemed the extension of such nonconforming use.
(3) 
Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.
(4) 
Displacement. No nonconforming use shall be extended to displace a conforming use, nor shall any nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the effective date of the zoning ordinances of the Town of Brookhaven.
(5) 
Restoration.
(a) 
Buildings or structures, exclusive of those used as a one- or two-family dwelling, damaged by fire, explosion, acts of God or other causes, may be repaired or rebuilt to the extent of no more than 50% of the reconstruction cost of the total structure, exclusive of the foundation. Any changes to the facade or other features of the building or site shall be subject to review pursuant to § 85-113 of this chapter.
(b) 
Buildings or structures used as a one- or two-family dwelling, damaged by fire, explosion, acts of God or other causes, may be repaired or rebuilt.
(6) 
Discontinuance. The substantial discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises and thereafter such structure or premises shall not be used, except in conformity with the provisions of the Town Code.
(7) 
Construction approved prior to change of zone or prior to any amendment or adoption of local law. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building or use permit has been issued and a certificate of occupancy issued within one year from the date of the issuance of the permit.
(8) 
Subdivision. The subdivision of any parcel(s) on which a legal nonconforming use(s) exists terminates such legal nonconforming use of a structure or premises and, thereafter, said structure or premises shall not be used except in conformity with the provisions of this section.
(9) 
Exemptions. Property which is the subject of the change in use district classifications from B Residence District, B Residence 1 District and A Residence District to A Residence 1 District enacted by the Town Board during 1988 may continue to be developed in accordance with the zoning classification in effect immediately prior to the change in use district classification, provided that the following conditions are met:
(a) 
The property was subject to a preliminary subdivision application, final subdivision application, land division application, resubdivision application, residential site plan application or 281 application filed with and pending before the Planning Board on or before February 10, 1987.
(b) 
The property was the subject of any of the above applications filed after February 10, 1987, but prior to December 27, 1988, for which the following criteria are met:
[1] 
The average lot size is 40,000 square feet or greater, exclusive of road areas or recharge basin areas.
[2] 
The average lot size is less than 40,000 square feet, the application receives approval by the Suffolk County Department of Health Services for the means and manner of sanitary waste disposal and/or the applicant is upgrading or sharing in the upgrading of an existing sewage treatment plant, creating a modular subregional sewage treatment plant or is contributing to the management of a sewage treatment plant that has been upgraded where moneys are lacking for management and operation.
[3] 
Any map located within Suffolk County Sanitary Code Article VI designated Groundwater Management Zone VIII which receives Suffolk County Department of Health Services approval for the means and manner of sanitary waste disposal.
[4] 
Any map which does not comply with the preceding may be amended by the applicant at the preliminary or final hearing to comply with an average lot density of 40,000 square feet, exclusive of road areas or recharge basin areas.
(c) 
Applications covered by Subsection A(9)(a) and (b) above shall be entitled to a two-year period in which to obtain final Planning Board approval and to be filed in the office of the County Clerk. Said two-year period is hereby extended for a period of time to expire on December 31, 1992. Notwithstanding the foregoing, any application subject to the automatic stay of Town Law § 282 as a result of SEQRA-based litigation challenges initiated by the Long Island Pine Barrens Society shall be entitled to an additional extension equal to the period of time during which the office of the Town Attorney had determined that the automatic stay applied to the application. Thereafter, said applications shall be entitled to building permits for the time limits contained in § 265-a of New York State Town Law.
(d) 
Any map approved pursuant to the above provisions shall contain a notation that relief from the new zoning categories has been granted pursuant to the provisions of this subsection.
(10) 
Exemptions from two-acre zonings. Property which is the subject of the change in use district classifications from A-1 Residence District to A-2 Residence District enacted by the Town Board on June 20, 1989 (Parcels D-4A, DD-5 and DD-7), October 17, 1989 (Parcel DD-2), and January 6, 1990 (Parcel DD-2A) may continue to be developed in accordance with the A-1 zoning classification in effect immediately prior to the change in use district classification, provided the project application was filed prior to the public hearing date of its respective upzoning and received preliminary approval or 281 approval prior to the effective date of said upzoning. In addition, the Map of Middle Field Woods in Center Moriches may continue to be developed as filed. Said applications shall be entitled to a two-year period in which to obtain final Planning Board approval and to be filed in the office of the County Clerk. Notwithstanding the foregoing, any application subject to the automatic stay of Town Law § 282 as a result of SEQRA-based litigation challenges initiated by the Long Island Pine Barrens Society shall be entitled to an additional extension equal to the period of time during which the office of the Town Attorney had determined that the automatic stay applied to the application. Thereafter, said application shall be entitled to building permits for the time limits contained in § 265-a of New York State Town Law. Any map approved pursuant to the above provisions shall contain a notation that relief from the new zoning categories has been granted pursuant to the provisions of this subsection.
B. 
Nonconforming buildings and structures.
(1) 
An existing nonconforming building or structure used as a one- or two-family dwelling with a certificate of occupancy or a certificate of existing use or its equivalent, located in a Residence District, whether located on a conforming lot or a nonconforming lot, may be structurally altered, restored, repaired or reconstructed, in whole or in part, except that the degree of nonconformity shall not be increased nor shall there be any increase in the floor area of the building or structure except as permitted elsewhere in this code.
(2) 
Existing nonconforming buildings or structures, exclusive of those used as a one- or two-family dwelling with a certificate of occupancy or a certificate of existing use or its equivalent, located in a Residence District, damaged by fire, explosion, acts of God or other causes, may be repaired or rebuilt to the extent of no more than 50% of the reconstruction cost of the total structure, exclusive of the foundation. Any changes to the facade or other features of the building or site shall be subject to review pursuant to § 85-113 of this chapter.
(3) 
Additions to existing buildings and structures with certificates of occupancy or a certificate of existing use or its equivalent in conformance with the zoning requirements at the time of construction shall be permitted, provided that said additions do not encroach deeper into any nonconforming front yard, side yard or rear yard than the distance into said front yard, side yard or rear yard that the existing foundation encroaches, exclusive of stoops, porches or patios.
C. 
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions of Subsection A shall not apply to any nonconforming uses existing therein.
D. 
Nonconforming singly and separately owned lots.
(1) 
Proof of single and separate ownership shall be submitted in the form of:
(a) 
A title search prepared by a title company licensed to do business in the State of New York covering the subject premises and all contiguous property.
(b) 
A survey prepared by a licensed surveyor describing the subject premises.
(2) 
Separate ownership. A single-family dwelling may be erected on any lot 60 feet or more in width, within a zoning district where otherwise permitted, which was separately owned at the time of the passage of the ordinance or on any such lot separately owned at the time of any amendment thereto heretofore adopted, and which has not come into common ownership with adjoining property, and which conforms to the minimum dimensional requirements set forth hereinbelow at Subsection D(3)(a) and the area density requirements.
(3) 
Bulk requirements.
(a) 
Notwithstanding the foregoing, structures or additions thereto may be erected on single and separate parcels, provided that the following dimensional and setback requirements are met:
Lot Width
(feet)
Maximum House Size
(square feet)
Total Side Yards
(feet)
Minimum Side Yards
(feet)
Maximum Building Height
(feet)
Maximum Attached Garage Area
(square feet)
60 but less than 70
First floor: 1,000
Second floor: 600
25
12
26
240
70 but less than 80
First floor: 1,200
Second floor: 800
30
14
28
80 but less than 90
First floor: 1,500
Second floor: 850
35
16
28
90 but less than 100
First floor: 1,600
Second floor: 850
40
18
28
100 but less than 150
Side yard, lot coverages and building height of the B Residence District
150 but less than 200
Side yard, lot coverage and building height of the A Residence District
200 or greater
Side yard, lot coverage and building height of the A Residence District
NOTE: If lot depth is greater than or equal to 120 feet, the maximum first-floor area may be increased by 100 square feet for each additional 10 feet of lot depth.
(b) 
A single-family dwelling may be erected on lots at least 60 feet in width, but less than 70 feet in width, subject to the following requirements:
[1] 
A minimum lot size of 6,000 square feet.
[2] 
Compliance with the dimensional requirements set forth hereinabove at Subsection D(3)(a), except that relief may be granted by the Zoning Board of Appeals at the Board's sole discretion from no more than one of said requirements where to do so would be consistent with the requirements set forth in this chapter and Town Law Article 16.[1]
Note: If lot depth is greater than or equal to 120 feet, the maximum first-floor area may be increased by 100 square feet for each additional 10 feet of lot depth.
[1]
Editor's Note: See § 85-56C.
(c) 
The calculation of area for interior lots known as "flag lots" (lots with road frontage of 20 feet or less) shall exclude the area encompassed by or attributable to the portion of said lot which is 20 feet or less in width.
(d) 
On corner lots, for purposes of calculation of all other dimensional requirements, the shorter(est) road frontage shall be the designated lot frontage.
(4) 
Single and separately owned parcels may be merged with adjacent single and separate parcels to create larger parcels which more closely conform to the zoning requirements. In accordance with this policy, single and separate parcels located between adjacent single and separate parcels may be split and merged with the adjacent single and separate parcels. Also in order to encourage the merger of adjacent parcels to create larger parcels, the owner of a parcel of land which is in single and separate ownership may merge an adjacent parcel that is not in single and separate ownership with the subject parcel, provided the parcel not in single and separate ownership was a separate tax parcel on the June 1, 1978, Suffolk County Tax Map.
(5) 
The Chief Building Inspector shall forward applications for building permits to the Division of Environmental Protection in order to review the potential environmental impacts of site development on the water supply and sanitary disposal aspects of a project with regard to groundwater contamination.
(6) 
Minimum front yard/rear yard setbacks shall be as follows:
(a) 
Lots less than or equal to 125 feet in depth shall have a minimum front yard setback of 30 feet. The rear yard setback shall not be less than 35 feet. The Chief Building Inspector may permit front yard setbacks in conformity with the average setbacks in the immediate locale. In no event may the front setback be less than 25 feet.
(b) 
On lots greater than 125 feet in depth but less than 150 feet, the front yard and rear yard shall not be less than 40 feet in depth.
(c) 
On lots equal to or greater than 150 feet in depth but less than 175 feet, the front yard shall not be less than 50 feet in depth and rear yard not less than 60 feet in depth.
(d) 
On lots equal to or greater than 175 feet in depth, the minimum front yard and rear yard setbacks shall conform to the zoning district in which the lot is located.
(7) 
The Zoning Board of Appeals, when reviewing applications for variances on lots that are not in single and separate ownership, may restrict development to the standards contained herein.
No building, structure or premises shall be used in any district for any trade, business, industry, use or industrial process that is injurious, hazardous, noxious or offensive to the surrounding area by reason of the emission of odor, dust, light, smoke, soot, gas fumes, vibration, noise or similar substances or conditions, or that is detrimental to the public health, morals, safety or general welfare. No person shall solicit, offer or advertise the use, sale or rental of any building, lot or premises or portion thereof for the purposes of any use not permitted by this chapter.
A. 
No lot shall be so reduced in area that any required open space will be smaller than that prescribed in the regulations for the district in which said lot is located.
B. 
Effect of street widening on building plots. Notwithstanding any other provision of this chapter, any building plot in any district shall be credited for the reduction of overall lot area requirements and front yard requirements with the footage dedicated to or acquired by the Town of Brookhaven for the widening of streets.
No goods, wares, merchandise, produce or other materials, except farm, garden or nursery products produced on the premises, shall be displayed, sold or stored in the required front yard of any district.
[Amended 5-25-2017 by L.L. No. 14-2017, effective 6-7-2017]
A. 
Intent. The Town Board of the Town of Brookhaven hereby finds and determines that in the case of large-scale residential project(s), the use of a sales office or mobile sales trailer may be appropriate, on a short-term basis, subject to reasonable standards contemplated to protect the neighboring residents and the community at large.
B. 
Sales trailers for development projects of residential dwellings, whether detached, attached or semidetached, shall be permitted in all residential zoning districts, where a final subdivision map has been filed with the County Clerk or where a final site plan has been fully executed, and a building permit(s) has been issued in accordance therewith, subject to the following:
(1) 
The duly filed plat or section(s) thereof or executed final site plan provides for at least 25 dwelling(s) units.
(2) 
That appropriate sanitary, water supply and electrical service shall be installed, as evidenced by approval and permit of the Suffolk County Department of Health Services, the Chief Building Inspector, and an authorized electrical inspection company, respectively.
(3) 
The structure shall be located on the site subject of the filed plat or final site plan.
(4) 
The trailers as permitted herein shall be limited to nonresidential use only for the purpose of the marketing of or first-time sale of newly constructed, or yet-to-be-constructed, residential dwellings (whether detached, attached or semi-detached) within the residential development. The resale of any residential dwelling is not permitted.
C. 
Sales trailers for residential projects as provided herein shall be subject to site plan review and approval of the Planning Board; upon the Board's final approval, a permit therefor shall be issued by the Chief Building Inspector for a period not exceeding two years, unless otherwise extended by the Board. Notwithstanding the foregoing, in no case may a sales trailer remain on site after the last unit is sold or the last certificate of occupancy is issued, whichever comes first.
D. 
Sales offices.
(1) 
Sales offices within model homes under the jurisdiction of the Planning Board shall be limited to nonresidential use only for the purpose of the marketing of or first-time sale of newly constructed, or yet-to-be-constructed, residential dwellings (whether detached, attached or semi-detached) within the residential development. The resale of any residential dwelling is not permitted.
(2) 
Sales offices within model homes under the jurisdiction of the Planning Board shall be subject to site plan review and approval of the Planning Board; upon the Board's final approval, a permit therefor shall be issued by the Chief Building Inspector for a period not exceeding two years, unless otherwise extended by the Board. Notwithstanding the foregoing, in no case may said sales office remain within a model home after the last unit is sold or the last certificate of occupancy is issued, whichever comes first.
A. 
Legislative intent. The Town Board of the Town of Brookhaven hereby finds and determines that under certain specific circumstances, where a single-family dwelling has been rendered uninhabitable by the occurrence of a catastrophic event such as a fire, flood, or otherwise, or due to extensive construction that makes the existing residence uninhabitable, the installment and temporary use of a house trailer or mobile home shall be permitted as a practical economic means of providing for the temporary housing needs of the individual(s) and/or family so displaced, so long as for a reasonable period during which the affected dwelling place shall be repaired and/or reconstructed. Further, it is this Board's specific intent in enacting this section to permit such shelter for temporary occupancy exclusively, and without exception, subject to certain safeguards which will ensure the health, safety, and welfare of such displaced occupants and neighboring residents as well.
B. 
House trailers and/or mobile homes shall be permitted in all residential zoning districts for the temporary use and occupancy of an individual(s) displaced by the occurrence of catastrophic damage to their single-family dwelling which renders said dwelling temporarily uninhabitable, subject to the following requirements:
(1) 
The house trailer or mobile home shall be located on the same parcel upon which the damaged dwelling is located or on a contiguous parcel thereto.
(2) 
That appropriate sanitary, water supply and electrical service shall be installed as evidenced by approval and permit of the Suffolk County Department of Health Services, the Chief Building Inspector, and an authorized electrical inspection company, respectively.
C. 
No house trailer, mobile home or other temporary quarters as authorized herein shall be located upon and/or installed upon a residentially zoned lot or parcel unless a permit therefor shall be issued by the Chief Building Inspector, who shall take into consideration the following factors prior to his or her approval of the installation:
(1) 
The availability and accessibility of necessary utilities.
(2) 
The front, side, and backyard setbacks to be provided from the temporary housing quarters.
(3) 
The extent of intrusion upon neighboring residentially developed properties.
(4) 
Such other factors as s/he shall deem relevant to the health, safety, and welfare of the displaced occupants and resident(s) of the neighborhood.
D. 
Said permit shall be issued for a period not to exceed one year and shall be subject to no more than two ninety-day extensions thereof.
E. 
The Chief Building Inspector is hereby authorized to revoke any permit issued herein, in the exercise of reasonable discretion, upon due investigation, where she/he determines that the temporary house trailer or mobile home is being used in an unsafe manner or in violation of provisions of this section herein. Written notice of said contemplated revocation shall be made by personal service or by certified or registered return receipt mail, at least five business days prior to such said revocation.
F. 
In the event that a house trailer or mobile home permitted in accordance with the provisions of this section shall not be removed at the end of the permit period and any extension thereof, there shall be a per-diem civil penalty of at least $50 or a maximum of $150 for each day that it remains beyond the expiration of the permit.
G. 
If the house trailer or mobile home remains for more than 14 days beyond the expiration of the temporary permit, the Commissioner of Planning, Environment and Land Management, or his representative, shall, after notifying the owner of said house trailer or mobile home by registered or certified mail, return receipt requested, cause the house trailer or mobile home to be removed. The expense of removal and any resulting storage charges shall be paid by the owner of the house trailer or mobile home, and if said cost is not paid within 10 days, the Commissioner of Planning, Environment and Land Management may advertise for the public sale of the house trailer or mobile home in the official newspaper of the Town and sell the house trailer or mobile home to the highest bidder at a public sale. The monies realized from the sale shall be applied first to any outstanding civil penalties, next to reimburse the Town for all expense incurred for moving and storage of the house trailer or mobile; and last, excess monies shall be remitted to the registered or certified owner thereof.
A. 
Intent. The Town Board of the Town of Brookhaven hereby finds and determines that the use of temporary mobile structures or trailers may be appropriate for large-scale development projects, when located on the approved development site, for use exclusively as a field office(s), subject to reasonable regulation calculated to ensure the health, safety and welfare of neighboring residents and the public at large.
B. 
Mobile structures or trailers shall be permitted in all zoning districts for temporary use as an on-site field office(s), subject to the following requirements:
(1) 
Said mobile structure or trailer shall be located on the same site which is the subject of the approved final development plan;
(2) 
A valid building or foundation permit has been issued;
(3) 
Appropriate sanitary, water supply and electrical service shall be installed as evidenced by approval and/or permit of the Suffolk County Department of Health Services, the Chief Building Inspector, and an authorized electrical inspection company, respectively.
C. 
Construction site trailers shall be subject to site plan review and approval of the Planning Board, which shall make its determination based on the following considerations:
(1) 
The availability and accessibility of necessary utilities.
(2) 
The extent of intrusion upon neighboring properties.
(3) 
Such other factors as the Board shall deem relevant.
D. 
Upon the Planning Board's final site plan approval, a permit therefor shall be issued by the Chief Building Inspector for a period not exceeding two years, unless otherwise extended by the Board.
Every junk- and automobile wrecking yard shall be completely enclosed by a good-quality, solid, sightly fence not less than eight feet in height about the finished grade of the lot and of the grade of adjoining lots, with posts imbedded in concrete to a depth of not less than five feet below finished grade at intervals of not more than six feet. Every such fence shall be maintained in a safe and sightly condition, and no sign of any kind shall be placed on said fence. All materials shall be piled, collected or STORED WITHIN the enclosed yard in such a manner that they shall not be visible above the fence from the street or from the adjoining lots.
No swimming pool shall be constructed, installed, used or maintained in any district except in accordance with the following provisions:
A. 
Definitions.
(1) 
The word "shall" is always mandatory and not merely directory.
(2) 
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:
ABOVEGROUND SWIMMING POOL
Any swimming pool located in or upon the ground which at no point is more than 18 inches below grade. An aboveground swimming pool is not a structure for purposes of this chapter.
IN-GROUND SWIMMING POOL
Any swimming pool located in or upon the ground which extends more than 18 inches below grade. An in-ground swimming pool is a structure for purposes of this chapter.
PRIVATE SWIMMING POOL
Any swimming pool constructed, installed or maintained as an accessory use on the same lot with a one- or two-family dwelling, intended solely for the private use of any occupant of such dwelling and such occupant's family and guests.
PUBLIC SWIMMING POOL
Any swimming pool which is not a private swimming pool as defined above.
SWIMMING POOL
Any body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.
B. 
Any outdoor swimming pool having a depth of 18 inches or more and an area of 100 square feet or more shall be enclosed by a durable wall, barrier or fence, in accordance with the New York Uniform Fire Prevention and Building Code requirements, unless such outdoor swimming pool is:
(1) 
Emptied when not in use or unattended; or
(2) 
Covered with a suitable, strong, protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.
C. 
Every outdoor swimming pool having a depth of more than 18 inches or an area of more than 100 square feet, now existing or hereafter constructed, installed, established or maintained, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier in accordance with the New York State Uniform Fire Prevention and Building Code requirements.
(1) 
All walls, fences or barriers shall be constructed in accordance with requirements of the State Building Construction Code and in conformity with all sections of the Code of the Town of Brookhaven.
(2) 
No wall, fence or barrier of any kind shall be constructed or maintained which shall contain projections at any point on its outer surface which present a substantial opportunity or risk of unauthorized access to the swimming pool. Stockade-type fences may be erected with either side facing out.
(3) 
A dwelling house or accessory building may be used as part of such wall, fence or barrier.
(4) 
All gates used in conjunction with such wall, fence or barrier shall conform to the above requirements as to height and dimensions of openings, mesh, holes or gaps, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that the door of any dwelling which forms a part of the wall, fence or barrier need not be so equipped or locked.
(5) 
In the event that the swimming pool is of the aboveground type and is so constructed that it contains a wall, fence or barrier of not less than two feet in height measured from the top lip, ledge or deck of such swimming pool, which wall, fence or barrier completely surrounds such swimming pool and is otherwise constructed in conformity with the provisions of this subsection, and the top lip, ledge or deck of such swimming pool is not less than four feet above grade, a separate wall, fence or barrier as described hereinabove shall not be required, provided that the following provisions are met:
(a) 
Any ladder or other means of access to such swimming pool shall be completely enclosed by a durable wall, fence or barrier, and such wall, fence or barrier and any gate therein contained shall meet all other requirements set forth in this Subsection C.
(b) 
The wall, fence or barrier set forth in Subsection C(5)(a) above shall be so affixed to the swimming pool or so constructed that the only access to said swimming pool is through its gate.
(c) 
There shall be no accessory equipment, devices, structures or debris so located as to present a substantial danger or risk of unauthorized access to said swimming pool.
D. 
No outdoor swimming pool shall be situated in the required front yard. No outdoor swimming pool shall be located less than 15 feet from any side or rear lot line. With respect to aboveground swimming pools, said distance shall be measured from the outer edge of any deck or platform attached to the wall of the pool.
E. 
Every aboveground swimming pool which employs the use of any electrical device in connection therewith shall be equipped with a ground fault interrupter approved by Underwriters' Laboratories, Inc. All electrical devices used in connection with such swimming pools must be approved by Underwriters' Laboratories, Inc.
F. 
Any private swimming pool with a water depth of more than 18 inches shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.
G. 
Public swimming pools.
(1) 
No work shall be commenced on the construction or installation of any public swimming pool, including excavating or removing of sand, gravel, topsoil or other materials, until the plans and specifications therefor have been approved by the Suffolk County Health Department, the Chief Building Inspector and the Town Engineer. The plans and specifications shall contain a certificate by a professional engineer licensed by the State of New York that the drainage of such swimming pool is adequate and will not interfere with the public or private water supply system, with existing sanitary facilities or with the public highways.
(2) 
Every public swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.
H. 
During the course of construction of an in-ground swimming pool, a temporary fence shall be erected as required by the Building Division.
I. 
No water shall be put or caused to be put in any swimming pool unless a wall, fence or barrier as required by this section shall have first been erected.
J. 
In the event that an owner shall abandon any swimming pool, he shall forthwith fill all voids and depressions and restore the premises to the same grade and condition as before the swimming pool was constructed and shall accordingly notify the Chief Building Inspector when said restoration has been completed. The Chief Building Inspector may proceed under Chapter 73, Unsafe Buildings and Excavated Lands, of the Code of the Town of Brookhaven should the owner fail to make the necessary restoration.
K. 
Construction may not commence on any in-ground swimming pool until a building permit has been obtained from the Building Division. An in-ground swimming pool shall not be used until a certificate of compliance has been obtained from the Building Division.
L. 
The Board of Appeals may make modifications in individual cases, upon a showing of good cause, with respect to the requirements herein set forth, provided that the protection as sought hereunder is not reduced thereby.
M. 
No swimming pool shall be erected or located within 25 feet of those points on the ground which are directly beneath any overhead electrical transmission lines.
A. 
No building, structure or premises shall be erected, altered or used in any residence district for the housing and harboring of swine, goats, foxes or mink, except when authorized by special permit from the Board of Appeals.
B. 
No accessory building or structure or part thereof used for the housing of fowl or domestic animals, other than dogs or cats, shall be less than 50 feet from any lot line in any district, except as hereinafter provided.
C. 
Horses or equine livestock.
(1) 
The housing or harboring of horses or equine livestock shall be permitted in any residential district on the following conditions:
(a) 
Such housing or harboring shall be accessory to the principal use of the property as a residence.
(b) 
Such activity shall be conducted for the use of residents only.
(c) 
The boarding or rental of horses or other equine livestock shall not be permitted.
(d) 
No horse or other type of equine livestock shall be housed or harbored on any plot less than 40,000 square feet in size, and no more than two horses or other type of equine livestock shall be permitted per 40,000 square feet or major fraction thereof, in no event to exceed eight horses.
(2) 
No barn, stable or other roofed structure or accessory building for the sheltering of horses shall be located within 50 feet of any side yard line or rear yard line, nor shall any such structure be located within the front yard which lies between the principal residential structure and the street.
(3) 
All corrals, runs or other open areas shall be enclosed by a fence of at least five feet in height with openings no more than six inches in width. Such fence shall be located more than five feet from any side yard line or rear yard line and shall not be located within any front yard which lies between the principal residential structure and the street.
(4) 
There shall be at least 110 square feet of barn or stable area for each horse or other type of equine livestock.
(5) 
Manure shall be kept in weatherproof containers at least 50 feet away from all adjoining property lines, except when composted in bins not exceeding four feet by four feet by five feet in size, which are located at least 20 feet from any property or lot line; a maximum of six composting bins shall be permitted per parcel of property.
(6) 
All premises where horses or other equine livestock are housed or harbored shall conform to all standards and requirements of the Suffolk County Department of Health and the Suffolk County Sanitary Code.
D. 
Pigeons.
(1) 
The housing or harboring of pigeons shall be permitted in any residential district on the following conditions:
(a) 
All pigeons must be kept securely confined in lofts or houses except during exercise periods or when returning home from a training toss or race, in which event they must be secured as soon as is reasonably possible. Said exercise periods may not exceed a total time of two hours in the forenoon of any weekday and not more than two hours in the afternoon of any weekday. On weekends and legal holidays, said exercise periods may not exceed one hour in the forenoon of any such day and one hour in the afternoon of any such day.
(b) 
The lofts or houses in which such pigeons are kept must be cleaned regularly and at least once each day or at least always maintained in a sanitary manner and free of offensive odors.
(c) 
Pigeon refuse and pigeon feed must be stored in metal containers, with metal covers, or in rodent-proof containers, securely closed.
(d) 
There shall be at least one square foot of floor space in any loft or house in which pigeons are kept for each such pigeon kept therein.
(e) 
Said lofts or houses shall be erected and maintained in an aesthetically pleasing manner and shall be suitably screened from view by a fence or by shrubs, unless said loft or house is located in such a manner as not to be visible from the surrounding streets.
(f) 
The maximum number of pigeons housed or harbored shall not exceed 50 for plots of 1/3 acre or less, 100 for plots exceeding 1/3 acre but less than one acre in area, and a maximum of 200 pigeons for plots of one acre or more.
(g) 
Said loft or house shall not be located within 100 feet of any surrounding residential structure. In no event shall said loft or house be located less than 15 feet from any lot line.
(2) 
Permit.
(a) 
Any person housing or harboring pigeons must obtain a permit from the Town Clerk. No permit shall be issued to any person convicted of a violation of this section. With all applications for permits, the applicant must supply the following:
[1] 
A statement that the applicant has not been convicted of a violation of this section.
[2] 
A survey or diagram showing the proposed location of said loft or house and its distance from said surrounding residences and property lines.
(b) 
Said permit must be renewed annually.
[Amended 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017]
(3) 
If any person is convicted of a violation of this section, said permit shall be revoked.
(4) 
Any person housing or harboring pigeons on the effective date of this section must obtain a permit pursuant to this section. If the location of said loft or house fails to meet the requirements of this section, it may be maintained as a nonconforming use. However, all other requirements of this section must be met. In the event that a nonconforming loft is enlarged or rebuilt after being substantially destroyed, said renovated or enlarged loft must meet all requirements of this section.
Essential services, as defined in this chapter, are permitted in all districts.
Any building, structure or premises erected, altered or used for a municipal or governmental purpose shall be permitted in any district when authorized by resolution of the Town Board, subject to such conditions and safeguards as the Town Board may deem appropriate, provided that the municipality or governmental authority using such building, structure or premises shall be the fee owner of such premises. This section shall not apply if a person other than a municipality or governmental authority using such building, structure or premises is the fee owner of such property. The Town Board, when giving consideration to approval of any governmental use or purpose, may waive the requirements for a site plan as contained in this Chapter 85.