Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 3-6-2007 by L.L. No. 4-2007, effective 3-14-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 16.
Fire prevention — See Ch. 30.
Signs — See Ch. 57A.
Towing — See Ch. 66.
Tree preservation — See Ch. 70.
Wetlands — See Ch. 81.
Zoning — See Ch. 85.
[1]
Editor's Note: This local law also repealed former Ch. 29, Fees, adopted 3-6-1990 as Section 1 of L.L. No. 10-1990, as amended.

§ 29-1 Establishment of fees.

[Amended 4-2-2013 by L.L. No. 14-2013, effective 4-18-2013; 6-20-2016 by L.L. No. 16-2016, effective 7-13-2016]
The provisions of this chapter shall establish the fees to be charged by the various divisions and departments of the Town of Brookhaven for those items listed herein. Unless otherwise stated, the amount of each fee established herein shall be the base fee for June 1, 2013.
A. 
All fees herein, except those contained within § 29-8, shall be adjusted on June 1, 2013, pursuant to the Consumer Price Index as follows:
(Base Fee) + ((B-A)/A x (Base Fee)) = New Fee
B is defined as the Consumer Price Index for April 2013.
A is defined as the Consumer Price Index for April 2012.
The Consumer Price Index is defined as the United States Department of Labor Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U), Northeast Region all items, not seasonally adjusted (CUUR0100SA0).
The New Fee shall become the Base Fee for any subsequent adjustment.
B. 
All fees herein, except those contained within § 29-8, shall be adjusted on January 1, 2014, pursuant to the Consumer Price Index as follows:
(Base Fee) + ((B-A)/A x (Base Fee)) = New Fee
B is defined as the Consumer Price Index for November 1, 2013
A is defined as the Consumer Price Index for April 2013
The Consumer Price Index is defined as the United States Department of Labor Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U), Northeast Region all items, not seasonally adjusted (CUUR0100SA0).
The New Fee shall become the Base Fee for any subsequent adjustment.
C. 
All fees herein, except those contained within § 29-8, shall be adjusted on January 1, 2015, and annually thereafter pursuant to the Consumer Price Index as follows:
(Base Fee) + ((B-A)/A x (Base Fee)) = New Fee
B is defined as the Consumer Price Index for the year, from July through June, immediately preceding the month of January in which the New Fee is due to be adjusted.
A is defined as the Consumer Price Index for July of the year immediately preceding the year in which the adjustment is made.
The Consumer Price Index is defined as the United States Department of Labor Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U), Northeast Region all items, not seasonally adjusted (CUUR0100SA0).
The New Fee shall become the Base Fee for any subsequent adjustment.

§ 29-2 (Reserved) [1]

[1]
Editor’s Note: Former § 29-2, Building permits and universal design permits, as amended, was repealed 4-21-2016 by L.L. No. 8-2016, effective 5-3-2016. This local law provided that the fees will be reestablished by Town Board resolution.

§ 29-3 (Reserved) [1]

[1]
Editor’s Note: Former § 29-3, Fire prevention, as amended, was repealed 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016.

§ 29-4 (Reserved) [1]

[1]
Editor’s Note: Former § 29-4, Sign permits, was repealed 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016.

§ 29-5 Towing businesses.

Towing businesses fees shall be as follows. Regardless of the number of months such license or medallion may be valid, the fee shall be:
A. 
A nonrefundable two-year application fee of $250 to be paid at the time of the submission of an application to the Commissioner of Public Safety. In the event that the truck and/or depot does not pass inspection, that fee shall be forfeited.
B. 
An annual fee of $25 for each medallion or renewal thereof.
C. 
An annual fee of $200 for placement on the accident roster.
D. 
An annual fee of $150 for placement on the nonaccident roster.
E. 
An annual fee of $300 for placement on the heavy-duty towing roster.
F. 
An annual fee of $400 for placement on the extra-heavy-duty towing roster.

§ 29-6 (Reserved) [1]

[1]
Editor’s Note: Former § 29-6, Tree preservation, was repealed 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016.

§ 29-7 Zoning and land use regulations.

[Amended 3-6-2007 by L.L. No. 6-2007, effective 3-14-2007; 5-1-2007 by L.L. No. 10-2007, effective 5-29-2007; 11-8-2007 by L.L. No. 22-2007, effective 11-16-2007; 2-5-2008 by L.L. No. 4-2008, effective 2-11-2008; 5-20-2008 by L.L. No. 7-2008, effective 6-3-2008; 8-4-2009 by L.L. No. 16-2009, effective 8-12-2009; 11-23-2010 by L.L. No. 31-2010, effective 12-7-2010; 11-23-2010 by L.L. No. 32-2010, effective 12-7-2010; 11-23-2010 by L.L. No. 37-2010, effective 12-7-2010; 11-23-2010 by L.L. No. 35-2010, effective 12-7-2010; 11-23-2010 by L.L. No. 36-2010, effective 12-7-2010; 5-10-2011 by L.L. No. 13-2011, effective 5-24-2011; 6-14-2011 by L.L. No. 16-2011, effective 7-5-2011; 9-20-2011 by L.L. No. 22-2011, effective 9-29-2011; 4-24-2012 by L.L. No. 9-2012, effective 5-11-2012; 12-18-2012 by L.L. No. 37-2012, effective 1-2-2013; 4-2-2013 by L.L. No. 17-2013, effective 4-18-2013; 1-7-2014 by L.L. No. 2-2014, effective 1-15-2014; 8-12-2014 by L.L. No. 18-2014, effective 8-26-2014; 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016]
Zoning and land use regulation fees shall be as follows:
A. 
Board of Zoning Appeals fees shall be as follows:
(1) 
Residential area variance: $250 for minor variances (setback variance only) and $350 for residential major variance.
(2) 
Commercial area variance: $500.
(3) 
Use variance: $2,000.
(4) 
Special permit fees shall be as follows:
Use
Fee
Day-care center (residential)
$400
Model dwellings
$500
Communication tower
$2,000
Place of amusement (game room, deck hockey, go-kart track, miniature golf, skating rink, billiard parlor, bingo hall, etc.)
$600
All other special permits
$1,000
Except the fee for a special permit pursuant to § 85-190C(4) shall be:
$125
(5) 
Renewal of special permit: $500.
(a) 
Except the fee for a special permit pursuant to § 85-190C(4) shall be $50.
(6) 
Validation of nonconforming residential use, additional fee: $500.
(7) 
Validation of nonconforming commercial or industrial use, additional fee: $500.
(8) 
Appeal of administrative decision: $500.
(9) 
Rehearing: same as original application fee.
(10) 
Coastal erosion hazard area variances from standards and restrictions: $1,000.
(11) 
Signs:
(a) 
Commercial shopping center: $1,000.
(b) 
All other signs: $400.
(c) 
Fee for extension of time to dismantle or remove nonconforming signs: $500.
(12) 
Poster fees: $20.
(13) 
Chain of title review fee: $50.
(14) 
Archives request: $20.
(15) 
Requests (including but not limited to grant extensions, clarification/modification of motions, reopenings): $50.
(16) 
Penalty fees:
(a) 
Residential penalty fees are calculated as follows:
[1] 
Single-family dwelling: $10,000.
[2] 
Dwelling not built in conformance with building permit shall be calculated based upon the entire square footage of habitable space of the dwelling:
[a] 
Less than or equal to 1,000 square feet of habitable space: $800.
[b] 
Greater than or equal to 1,000 square feet: $1,600.
[3] 
Clearing limits: $100 per every 1% over allowable limit; $200 per every 1% exceeding 20% over allowable limit.
[4] 
Violation of buffer limit:
[a] 
Less than or equal to 20 feet: $800.
[b] 
Greater than 20 feet: $1,200.
[5] 
Additions:
[a] 
One-story.
[i] 
Less than or equal to 1,000 square feet: $400.
[ii] 
Greater than 1,000 square feet: $1,200.
[b] 
Two-story.
[i] 
Less than or equal to 1,000 square feet: $800.
[ii] 
Greater than 1,000 square feet: $1,600.
[c] 
Attached garage.
[i] 
Less than or equal to 500 square feet: $400.
[ii] 
Greater than 500 square feet: $1,200.
[6] 
Accessory buildings/structures (including but not limited to detached garages, sheds, gazebos, decks, barns, pool houses):
[a] 
Less than or equal to 500 square feet: $400.
[b] 
Greater than 500 square feet: $1,200.
[7] 
Pools:
[a] 
Above ground: $400.
[b] 
In ground: $800.
[8] 
Structures erected pursuant to a duly issued building permit, however exceeding said permit by no more than (1) two-foot setback, (2) two feet in height or (3) 50 square feet shall be fined $400. (This penalty shall not apply to dwellings.)
[9] 
Fences: $400.
[10] 
Noncustomary accessory use: $400.
[11] 
Cellar entrance: $200.
[12] 
Other infractions: $400.
(b) 
Commercial: for each violation on the subject premises, $1,000 per violation.
(17) 
Interpretation of ordinance/determination: $750.
B. 
Town Board fees shall be as follows:
(1) 
Change of zone application:
(a) 
For each zone change requested for parcels up to one acre: $1,500; fee per additional acre or fraction thereof: $150.
(b) 
Extension to file restrictive covenants: 25% of original change of zone application fee.
(2) 
Application to amend restrictive covenant:
(a) 
Fee for parcels up to one acre: $500.
(b) 
Fee per additional acre or fraction thereof: $100.
(c) 
Extension to file restrictive covenant: 25% of original amended restrictive covenant application fee.
(3) 
Application for special permit:
(a) 
Extension to file a restrictive covenant: 25% of original special permit application fee.
(4) 
Special permits:
(a) 
For parcels up to one acre: $600; fee per additional acre or fraction thereof: $100; special permits for place of amusement permits: $600.
(b) 
For single-family residence in a business zone: $300.
(5) 
Waiver applications or hardship applications:
(a) 
Residential, single-family homes: $300.
(b) 
Commercial: $500.
(6) 
(Reserved)
(7) 
(Reserved)
(8) 
(Reserved)
(9) 
(Reserved)
(10) 
Planning Development District: filing fee for parcels up to 10 acres: $2,000; fee per additional acre or fraction thereof: $200.
C. 
(Reserved)
D. 
Recreation fees.
(1) 
The Town Board hereby finds that residential, commercial and industrial development bring additional pressure to bear upon the Town to provide both active and passive recreational facilities consisting of parks, ballfields, marinas, bathing beaches, wildlife preserves and other forms of parkland and that existing provisions of the New York State Town Law do not adequately address the need for requiring developers to dedicate parkland or pay fees in lieu of thereof. Section 274-a of the New York State Town Law authorizes the Planning Board to approve site plans, but fails to contain a provision authorizing dedication of parkland or payment of a fee in lieu thereof. Section 277 of the New York State Town Law authorizes the requirement for dedication of a park or payment of a fee in lieu thereof in connection with the approval of subdivisions, but fails to contain a provision authorizing such parkland dedication or a fee in lieu thereof for developments clustered pursuant to § 281 of the New York State Town Law. Additionally, § 277 of New York State Town Law does not authorize the requirement for a dedication of parkland or payment of a fee in lieu thereof for development of lots on old filed maps which predated the requirement for a park dedication or payment of a fee in lieu thereof. The foregoing provisions of New York State Town Law also fail to address the need for providing suitable parkland or charging a fee in lieu thereof in connection with development of singly and separately owned lots.
(2) 
Pursuant to the authority granted to the Town of Brookhaven by the Municipal Home Rule Law, the Town Board hereby declares its intent to supersede the foregoing sections of New York State Town Law and to require the dedication of parkland or the payment of recreational fees in lieu thereof as follows:
(a) 
In connection with the approval of residential subdivisions, the fee to be paid in lieu of a dedication of parkland shall be $1,000 per dwelling unit.
(b) 
In connection with the development of MP-1, MF-2, PRC, PRC-3, PRCHC, MHC and § 281 clustered attached dwelling unit site plans, subdivisions or homeowner associations, the recreational fee shall be $1,000 per dwelling unit.
(c) 
In connection with the approval of commercial and industrial site plans, the recreational fee shall be $1 per square foot of gross building area.
(d) 
In connection with the approval of construction on single and separate lots or the resubdivision or development of old filed maps, in those circumstances where said development takes place on lots which are parts of subdivisions for which parkland has not been dedicated to the Town of Brookhaven or recreational fees paid, the fee shall be $1,000 per dwelling unit.
(e) 
In connection with Subsection D(2)(a), (b) and (c), the Planning Board may require the dedication of parkland in the amount of not less than 1,500 square feet per dwelling unit.
(3) 
(Reserved)
(4) 
The above fees shall be set aside for the acquisition of parkland to be used for both active and passive purposes and for the development of existing parks in such a manner as will directly or indirectly benefit the residents, tenants or employees of the facilities from which said fees are generated.
E. 
(Reserved)
F. 
Traffic safety fees related to application review of the following applications shall be as follows:
(1) 
Site plan review: $350 and an additional $1,100 where it is determined by the Planning Board, the Commissioner or his/her designee that a traffic study is required.
(2) 
Subdivision review: $350 and an additional $1,100 where it is determined by the Planning Board, the Commissioner or his/her designee that a traffic study is required.
(3) 
Resubdivision review: $350.
(4) 
Road improvement review: $350.
(5) 
Land division review: $350.
(6) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection F(6), establishing a change of zone review fee, was repealed 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017.
(7) 
Zoning variance review where it is determined by the Chairman of the Zoning Board of Appeals that a review is warranted: $350.
G. 
Department of Law fees. The fee for certain activities of the Department of Law shall be as follows:
(1) 
Recording a covenant and restriction: $25, plus actual County Clerk's filing fees.
(2) 
Chains of title. The fee for reviewing a chain of title for the purposes of determining single and separate ownership shall be $40.
H. 
Purchasing Division fees. The fee for capital project plans and specifications shall be as follows:
(1) 
For projects not expected to exceed $500,000, the fee shall be $25.
(2) 
For projects expected to exceed $500,000, the fee shall be $50.
I. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection I, Vehicle dismantler fees, was repealed 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017.
J. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection J, Miscellaneous fees, was repealed 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017.
K. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Proponent of a land use application, as described herein.
BOARD(S)
The Town Board, the Planning Board and the Zoning Board of Appeals and/or any other board having jurisdiction over any land use permit(s).
COMMITTEE
A team consisting of the Town's engineer, the Commissioner of Planning, Environment and Development and the Deputy Supervisor or their designees.
LAND USE APPLICATION
Any application for a subdivision, site plan, special permit, variance, zoning amendment, wetlands permit and/or other use permit, requiring, in conjunction therewith, an environmental quality review pursuant to the State Environmental Quality Review Act or similar related County, state and federal laws and procedures.
L. 
Professional consultant expenses.
(1) 
Professional consultants.
(a) 
Where it appears that, based upon the recommendation of the Committee, and with the consent of the applicant, the applicable board requires the aid of a professional consultant(s) in connection with its review of an application, the Town is hereby authorized to refer such land use application(s), as appropriate, to such planners, engineers, environmental experts, and/or other professional consultants as it shall deem reasonably necessary to enable full and effective review thereof, so long as the applicant has consented to bear the entire cost of such professional review. All such consultants shall be chosen from a list approved by the Town Board to perform such services. Consultant fees shall be established pursuant to contractual agreement between the Town and such consultants.
(b) 
Upon the Town's and applicant's determination that an application shall be subject to referral to, and review by, the Town's consultant(s), reimbursement to the Town of fees actually incurred in the review of the application shall be a condition precedent to any approval and shall be in addition to any and all other fees required in connection with the review of the application as set forth in any other chapter of the Code of the Town of Brookhaven, Town Law, or other law, ordinance or regulation.
(c) 
The applicant's consent is limited to its agreement to the treatment of its application for purposes of review as described herein; the applicant's consent shall not be required for either the selection of the consultant(s) or for the extent of the fees incurred by the Town in connection with the review of its application as set forth herein.
(2) 
Escrow accounts.
(a) 
Upon the Town's and applicant's joint determination that referral to the Town's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Department of Finance. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be initially funded by the applicant in an amount to be determined by the Committee. Upon the determination that any application shall be subject to the Town's review aided by its consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded.
(b) 
Withdrawals from said escrow account may be made from time to time to reimburse the Town for the cost of its consultant's(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Town shall so notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing board may suspend its review of the application.
(c) 
After all pertinent review fees in respect of the particular application for which the account was established have been paid by the Town to its consultant(s), the Town shall refund to the applicant the balance of any funds then remaining on deposit in the escrow account established by this section.
(3) 
The Town Board may, in its discretion and for good cause shown, modify, amend and/or waive the above-stated requirement(s).
(4) 
In the event that a positive declaration is made in accordance with the State Environmental Quality Review Act (SEQRA) in respect of a particular application, the cost(s) of review pursuant to SEQRA shall take priority over other review-related fees. Upon payment of all environmental review-related fees, the Town shall refund to the applicant the balance of any funds remaining on deposit in the escrow account. After completion of the Town's review pursuant to SEQRA, upon the Town's determination, with the applicant's consent, that continued review of the application is required, the applicant shall replenish the escrow account with a deposit in an amount deemed necessary by the Committee to complete the review process. All subsequent reimbursements and refunds shall be made in accordance with Subsection A(2) hereof.
NOTE: For mixed uses the fee shall be additive.
M. 
(Reserved)
N. 
Stormwater pollution prevention plan (SWPPP) review and inspection fees.
(1) 
The following fees shall be required in connection with the submission of a stormwater pollution prevention plan (SWPPP):
(a) 
Review fees deposit:
[1] 
SWPPP for final subdivision: $200 basic fee; plus $100 per acre or part thereof;
[2] 
SWPPP for site plan: $200 basic fee; plus $100 per acre or part thereof;
[3] 
SWPPP for final subdivision as built: $200 basic fee; plus $100 per acre or part thereof; or
[4] 
SWPPP for site plan as built: $200 basic fee; plus $100 per acre or part thereof.
(b) 
Inspection fees deposit. SWPPP for subdivision and site plan inspection fees to be paid upon approval of final subdivision or site plan: 2% of the total estimated cost of all improvements, including all temporary and permanent stormwater erosion control measures.
(2) 
Escrow accounts.
(a) 
An escrow account entitled "Planning Division, Stormwater Pollution Prevention Plan Review and Inspection" shall be established with the Department of Finance for the applications listed in Subsection N(1) above. The applicant(s) shall fund said escrow account.
(b) 
Withdrawals from said escrow account may be made from time to time to reimburse the Town for the cost of its consultant's(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Town shall so notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit. If such account is not replenished for such additional deposit, the reviewing board or Director of the Planning Division may suspend the review of the application or inspection of the construction.
(c) 
After all pertinent review and inspection fees with respect to the particular application for which the account was established have been paid by the Town to its consultant(s), the Town shall refund to the applicant the balance of any funds then remaining on deposit in the escrow account established by this section.[4]
[4]
Editor's Note: Former Subsection O, Town Clerk fees, which immediately followed this subsection, was repealed 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017.

§ 29-8 Brookhaven Calabro Airport.

[Amended 11-23-2010 by L.L. No. 33-2010, effective 12-7-2010; 11-13-2014 by L.L. No. 28-2014, effective 11-25-2014]
The fees for the use of the Brookhaven Calabro Airport facilities shall be as follows:
A. 
Terminal use for charter planes: $25.
B. 
Tie-down tenants: $85 per month.
C. 
Overnight parking: $5 per night.

§ 29-9 (Reserved) [1]

[1]
Editor's Note: Former § 29-9, Department of the Assessor, as amended, was repealed 5-25-2017 by L.L. No. 12-2017, effective 6-7-2017.

§ 29-10 (Reserved)

§ 29-11 Waiver of fees.

[Amended 10-19-2010 by L.L. No. 20-2010, effective 11-1-2010; 1-22-2013 by L.L. No. 7-2013, effective 2-6-2013; 5-21-2015 by L.L. No. 12-2015, effective 6-2-2015; 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016]
A. 
No Building Division, fire prevention or sign permit fee, as established by Town Board resolution, shall be charged for municipalities and government agencies, including but not limited to fire districts, lighting districts, waiver districts and any other special districts.
B. 
No fee shall be charged for a certificate of assessment obtained for the installation of a solar photovoltaic collection system or solar hot water system on any single-family, two-family or single-family home with an accessory apartment.
C. 
Redevelopment initiative. All fees in this chapter, or as established by Town Board resolution, and Chapter 38, entitled "Highways," shall be reduced and/or waived as regulated and required by the Redevelopment Initiative in Chapter 85 of the Code.
D. 
The New York State requirement that deer hunters in the Town of Brookhaven obtain a permit from the Town Clerk for a deer hunting permit to hunt deer during the Suffolk County special firearms hunting season is waived as authorized pursuant to New York State regulation 6 NYCRR 1.24(e).

§ 29-12 Applicability.

The fees contained herein shall apply to any new, pending or approved application or project for which the applicable fee has not been paid before the effective date of this chapter. Said fees may be amended by resolution of the Town Board.

§ 29-13 Severability.

If any clause, sentence, paragraph or section of this chapter 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.