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Town of Brookhaven, NY
Suffolk County
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Table of Contents
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New Laws (9) Index
The intent of this article is to vest certain powers, actions, functions and responsibilities authorized to and performed by the Board of Appeals in the Town Board of the Town of Brookhaven. It is the Town Board's express intent and purpose by this article, pursuant to § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments, to supersede, to the extent necessary, New York State Town Law § 274-b, entitled "Approval of special use permits," by vesting the responsibility for same in the Town Board.
The Town Board shall have the powers and duties enumerated herein. An application requesting a special use permit shall be addressed to the Town Board, in accordance with the requirements set forth herein and in § 85-81.
The Town Board shall have the following powers and duties:
A. 
To hear and authorize, in specific cases, such special use permits. An application requesting a special use permit shall be addressed to the Town Board, in accordance with the requirements set forth in this chapter.
B. 
To review special use permits for any of the uses for which this chapter requires the obtaining of such permits from the Town Board. In granting such permits, the Town Board may waive or modify any of the criteria listed herein or within the specific zoning districts and/or it may limit the duration of the special use permits and prescribe appropriate conditions and safeguards in conformity with this chapter.
(1) 
No special use permit shall be granted by the Town Board unless it shall determine:
(a) 
That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in the surrounding area or impair the value thereof.
(b) 
That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent districts.
(c) 
That the safety, health, welfare, comfort, convenience or order of the Town will not be adversely affected by the proposed use and its location.
(d) 
That the use will be in harmony with and promote the general purposes and intent of this chapter.
(2) 
In making such determination, the Town Board shall give consideration, among other things, to:
(a) 
The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permissive uses.
(b) 
The conservation of property values and the encouragement of the most appropriate uses of land.
(c) 
The effect that the location of the proposed use may have upon the creation or undue increase of traffic congestion on public streets, highways or waterways.
(d) 
The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.
(e) 
Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.
(f) 
Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise.
(g) 
Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agency.
(h) 
The necessity for an asphaltic or concrete surfaced area for purposes of off-street parking and loading of vehicles incidental to the use and whether such area is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.
(i) 
Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use or by the structures to be used therefor or by the inaccessibility of the plot or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot.
(j) 
Whether the use or the structures to be used therefor all cause an overcrowding of land or undue concentration of population.
(k) 
Whether the plot area is sufficient, appropriate and adequate for the use and the reasonable anticipated operation and expansion thereof.
(l) 
The physical characteristics and topography of the land.
(m) 
Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or place of public assembly.
(3) 
In addition to the criteria set forth herein, compliance must be demonstrated with the specific criteria set forth within the applicable zoning district classifications, including the dimensional requirements contained therein, unless:
(a) 
The applicant makes and receives relief from the Board of Zoning Appeals; or
(b) 
The applicant, in conjunction with its special permit application to the Town Board, seeks and is granted by the Town Board a waiver or modification. The authority to grant relief hereunder shall comport with the requirements of Town Law § 274-b, and as a result of the election for relief of waiver and/or modification to the Town Board, instead of seeking a variance from the Board of Zoning Appeals, such determination shall be final and reviewable by the courts.
(4) 
Expiration. All special use permits granted by the Town Board pursuant to this chapter shall expire two years after the date of the Town Board's grant of approval thereof unless a building permit has been issued and substantial construction has commenced in reliance thereon. The Town Board may grant a maximum of two extensions, not to exceed one year each, of the grant of approval where a building permit has not been issued and substantial construction, with sufficient proof of such substantial construction, has not commenced in reliance thereon. For purposes of this subsection, the date of the grant of approval is defined as the date set by the Town Clerk for the special use permit to become effective, thereby causing the special use permit to be in full force and effect.
[Amended 9-13-2018 by L.L. No. 25-2018, effective 9-24-2018]
If any clause, sentence, paragraph, section or item of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.