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:
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.
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.
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.
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; 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021]
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
|
|
Veterinary hospital
|
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.
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;
(10)
To minimize the impact of stray lighting on human health, habitat
and environment.
C.
AREA LIGHT
AVERAGE HORIZONTAL FOOTCANDLE
ESSENTIAL LIGHTING
EXCESSIVE LIGHTING
EXTERIOR LIGHTING
FIXTURE (ALSO CALLED "LUMINAIRE")
FLOODLIGHT
FOOTCANDLE (FC)
FULL CUTOFF (FCO)
FULLY SHIELDED
GLARE
(1)
(2)
(3)
(4)
HID LIGHTING
HOLIDAY LIGHTING
IESNA
IESNA RECOMMENDED PRACTICES
ILLUMINANCE
LAMP
LIGHT
LIGHTING ASSEMBLY
LIGHT POLLUTION
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINANCE
MOUNTING HEIGHT
NONCONFORMING
NONESSENTIAL LIGHTING
PARTIALLY SHIELDED
PHOTOMETRICS
SKYGLOW
TEMPORARY LIGHTING
UNIFORMITY RATIO (U RATIO)
UNSHIELDED FIXTURE
REPAIR OF A LUMINAIRE OR SIGN
Definitions. As used in §§ 85-862 through 85-873, unless otherwise expressly stated, the following terms shall have the meanings indicated:
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).
The average level of illuminance for a given situation measured
at ground level with the light meter placed parallel to the ground.
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.
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.)
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.
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.
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.
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.
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.
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.
Stray, unshielded light striking the eye that may result
in:
Nuisance or annoyance, such as light falling across property
lines;
Discomfort, such as bright light causing squinting of the eyes;
Disability, such as bright light reducing the ability of the
eyes to see into shadows and visual performance; or
Distracting light which diverts the eye from a visual task.
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.
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.
Illuminating Engineering Society of North America (IES or
IESNA), an organization that establishes updated standards and illumination
guidelines for the lighting industry.
The publications of the IESNA setting forth illuminance levels
for different task areas, e.g., walkways, streets, sports lights,
etc.
The density of light falling on any point of a surface, usually
measured in footcandles in the United States. See "footcandle."
The generic term for an artificial light source, to be distinguished
from the whole assembly (see "fixture"); commonly referred to as the
"light bulb."
The form of radiant energy acting on the retina of the eye
to make sight possible.
Any or all parts of a luminaire that function to produce
light, including the bulb, assembly, ballast, mounting features and/or
pole.
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 projected onto the property of another or into the
public right-of-way when it is not required or permitted to do so.
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.
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.
The brightness of a source of light.
The distance from natural grade to the lowest light-emitting
part of the luminaire.
Lighting which does not meet the requirements and specifications
contained herein.
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).
A luminaire which is not fully shielded but incorporates
a partial shield around the lamp.
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.
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.
Lighting that is intended to be used for a specific event
and removed within seven days thereafter.
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.
A fixture which, as designed or installed, emits all or part
of the light emissions above the lowest light-emitting part of the
fixture.
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.
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:
(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.
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.
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.
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.
(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.
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.
[Amended 1-4-2021 by L.L.
No. 1-2021, effective 1-14-2021]
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, except as may be otherwise permitted in this chapter.
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.
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:
(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:
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)
ABOVEGROUND SWIMMING POOL
IN-GROUND SWIMMING POOL
PRIVATE SWIMMING POOL
PUBLIC SWIMMING POOL
SWIMMING POOL
For the purposes of this section, the following terms, phrases, words
and their derivations shall have the meanings given herein:
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.
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.
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.
Any swimming pool which is not a private swimming pool as
defined above.
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:
(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.
