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 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 16.
Taxation — See Ch. 65.
Zoning — See Ch. 85.
Subdivision regulations — See Appendix.

§ 61-1 Intent.

A. 
The Town Board of the Town of Brookhaven finds that many of its citizens have been misled by exaggerated claims or failure to provide adequate or sufficient information on the part of some subdividers or their agents, employees or sales agents with respect to estimated taxes with regard to homes situate in subdivisions and the school district in which the property is located. It has also been established that many purchasers of new homes located within the Town of Brookhaven are unfamiliar with the provisions of the Brookhaven Town Code relating to the construction, enlargement, alteration or removal of buildings and structures located within the Town. As a result of this situation, many persons who own homes located within the Town of Brookhaven have in the past constructed, enlarged, altered or removed portions of buildings or structures without applying for the necessary building permits prior to commencing the subject renovations.
B. 
It is the intent of this chapter to correct the aforesaid abuses, to provide a guide for the majority of the subdividers within the Town who deal with the public on a high plane of business integrity and to provide adequate and sufficient information so that a prospective homebuyer in this Town can make an informed and intelligent decision. It is also the purpose of this chapter to provide prospective homeowners with notice of the fact that, under the provisions of the Brookhaven Town Code, no wall, structure, building, house or part thereof may be built, enlarged, altered or removed until a building permit has been issued authorizing the proposed work. It is hoped that this will eliminate the high incidence of construction-related violations resulting from the failure of prospective purchasers of new homes to be aware of the provisions of the Town Code relating to building permits.

§ 61-2 Scope; definitions.

A. 
This chapter shall apply to any person who offers new homes for sale or who contracts for the construction of residential homes on real property owned by him or in which he has a beneficial interest, wherein such sales are made from a model house and/or from a set of standardized plans used by such person.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes a person, partnership, corporation or any other form of legal entity, its agents and employees.

§ 61-3 Notice to be posted.

All person coming within the provisions of § 61-2 of this chapter shall conspicuously post in every model house authorized to be constructed by the Town of Brookhaven or in their sales office located within the Town of Brookhaven, or in both, at least one notice containing the information required by § 61-4 of this chapter.

§ 61-4 Required information.

Each notice shall contain the following information:
A. 
The current tax rate for county, Town, special district or school taxes. The notice shall contain a statement that such tax rate is subject to change in any given tax year. The tax rate shall be the tax rate for the area in which the real property is located or offered for sale, and in the event that the real property is located or offered for sale in more than one school district or special district, a separate notice shall be posted for each such separate school district or special district and shall contain the information required by this subsection.
B. 
The estimated assessed valuation of the model house or the house as offered on the plans and specifications, as approximated by the Assessor of the Town of Brookhaven, with increments and deductions indicated for various standardized options and deviations from the basic model. The estimated assessed evaluation shall be the estimated assessed valuation for the area in which the real property is located or offered for sale, and in the event that the real property is located or offered for sale in more than one school district or special district, a separate notice shall be posted for each separate school district or special district and shall contain the information required by this subsection.
C. 
The estimated county, Town, special district and school taxes for the model house or the house as offered on the plans and specifications, as approximated by the Assessor, with increments and deductions indicated for various standardized options and deviations from the basic model; the estimated county, Town, special district and school taxes for the area in which the real property is located or offered for sale, and if in more than one school district or special district, a separate notice shall be posted for each such separate school district or special district and shall contain the information required by this subsection.
D. 
A statement to the effect that information as to the estimated assessed valuation for the model house, with increments and deductions for other than standardized options and deviations, will be available in the office of the Assessor upon request and submission of a plan thereof.
E. 
The designation of the school district within which the real property lies.
F. 
A statement to the effect that information as to the zoning classification of the real property and all surrounding properties is available upon request in the office of the Town Clerk, 205 South Ocean Avenue, Patchogue, New York.

§ 61-5 Notice to be based on current tax rate.

Within one month following the beginning of any given tax year, the subdivider shall post a notice as required by § 61-3 herein containing all information as based upon the current tax rate for county, Town, special district and school district taxes.

§ 61-6 Tax statement upon issuance of certificate of occupancy; fee.

There shall be attached to every certificate of occupancy issued by the Building Division of the Town of Brookhaven for all residential structures a statement prepared by the Assessor of the Town of Brookhaven setting forth the current tax rate for county, Town, special district and school taxes for the area in which the structure is located, the estimated valuation of such structure and the estimated county, Town, special district and school taxes for each such structure. Such statement shall indicate the dates when the tax year begins and ends and that the tax rate may change during any future tax year. Such statement shall be available in the office of the Assessor of the Town of Brookhaven upon request and the payment of a fee of $5.

§ 61-7 Advertising to contain information.

All advertising, brochures or other forms of written information distributed or caused to be distributed by any person regarding the sale or construction of homes coming within the scope of § 61-2 of this chapter and containing information as to real property taxes shall conform to the required information pursuant to §§ 61-3 and 61-4 of this chapter.

§ 61-8 Penalties for offenses.

It shall be unlawful for any person to fail to post the notice as required by § 61-3 hereof, to change any of the information contained on the notice, to fail to post a current notice as required by § 61-5 hereof or to distribute or cause to be distributed advertising, brochures or other written material containing information which does not conform to the information required to be posted pursuant to § 61-4 of this chapter. Any person found guilty of violating the provisions of this chapter shall be punished by a fine not to exceed $100 or imprisonment for a term not to exceed 15 days, or both.

§ 61-9 (Reserved)