Town of Brookhaven, NY Overlay Districts

The maximum permitted height shall be 50 feet within the Bellport Hamlet Center and Hagerman Hamlet Center Overlays.

The maximum permitted height shall be 2 1/2 stories and 35 feet within the Greater Bellport Opportunity Overlay.

Mechanical/utility structures and enclosures are permitted above the allowed height but must be set back at least 10 feet from the roof perimeter.

Residential unit size regulations.

No more than 30% of the residential units shall exceed 1,200 square feet.

A minimum of 30% of the residential units shall be less than or equal to 800 square feet.

No residential unit shall be less than 400 square feet.

Civic space and recreational requirements. Civic space and recreational areas, including squares, private plazas, greens, and public parks, shall be intermixed throughout the development for social activity, recreation, and visual enjoyment.

A minimum of two square feet civic space per residential unit shall be provided.

Civic space may be provided both indoors and outdoors.

At least one civic space location shall be devoted to creation of a focal point that is dedicated to the advancement of the arts or advances the historic or cultural significance of the community.

Civic space requirements are in addition to the recreational requirements required herein. Outdoor recreation areas shall not count as civic space.

Minimum outdoor recreational area shall be equal to the number of units multiplied by 200 square feet.

Recreational requirements may be provided on site, off site or a payment made in lieu of. Payment made in lieu shall use the recreational fee as established by Town Board resolution and shall be credited to the Bellport Esplanade and Greenway park fund.

Pedestrian and bicycle access.

Plans shall provide for continuity from sidewalks in public streets to main pedestrian entrances on the site.

Provisions for secure interior bicycle storage space for the residential units shall be provided.

Bike paths shall be provided along any main roadway that connects the development to a street or community or as may be directed by the Town Board or Planning Board.

Affordable and workforce housing shall be provided in accordance with Chapter 85, Article XIII, Affordable and Workforce Housing.

Residential units that are equal to or less than 450 square feet shall be calculated as 1/2 units for the purposes of complying with the base density and density increase criteria contained herein.

Increases in density and intensity granted herein shall not require the redemption of Pine Barrens Credits.

Maximum residential density.

Bellport Hamlet Center Overlay District limited to a maximum of 25 residential units per acre.

Hagerman Hamlet Center Overlay District limited to a maximum of 20 residential units per acre.

Greater Bellport Opportunity Overlay District limited to a maximum of eight residential units per acre.

§ 85-611 Bellport Hamlet Center Overlay.

[Added 1-13-2022 by L.L. No. 1-2022, effective 1-21-2022]

Permitted uses.

All principal and accessory uses permitted within the underlying zoning district(s) shall be permitted.

Multifamily housing units.

Base density. The maximum base density shall be seven units per acre.

Density increase criteria. The Planning Board may increase permitted base density by the following:

If the project site can utilize an existing public sewage treatment plant or construct a new sewage treatment plant with a minimum 30% extra capacity or can utilize an existing private sewage treatment plant and provide a minimum additional 30% extra capacity, an additional seven units per acre of residential development may be permitted.

If the project proposes a development wherein 100% of the units comply with the definition of affordable set forth in Chapter 85, Article XIII, an additional four units per acre of residential development may be permitted.

If the project proposes a development that includes construction of a service or use identified as being substantially underserved within the community, then an additional four units per acre of residential development may be permitted.

If the project uses high-quality, fire-resistant structural materials, including but not limited to steel, concrete and masonry, an additional one unit per acre of residential development may be permitted.

If the project uses substantial amounts of green energy technologies, an additional one unit per acre of residential development may be permitted.

An additional one unit per acre of residential development may be permitted if a minimum of 20% of the total housing units will be designed and constructed for those who have special needs. Minimum special needs design requirements are:

Housing/units specifically designed to meet universal design guidelines or housing/units specifically designed for the visual, auditory, or other special need.

The applicant/owner shall enter a partnership or contract with a special need advocacy housing group hearing to design and administer the housing units.

§ 85-612 Greater Bellport Opportunity Overlay.

[Added 1-13-2022 by L.L. No. 1-2022, effective 1-21-2022]

Permitted uses. All principal and accessory uses permitted within the underlying zoning district(s) shall be permitted.

Planning Board special permit. When authorized by the Planning Board by special permit, multifamily housing use shall be permitted subject to the criteria as set forth in this chapter, in addition to the density increase criteria contained herein:

Base density. The maximum base density shall be two units per acre.

Density increase criteria. Permitted base density may be increased by the following:

If the project site can utilize an existing public sewage treatment plant or construct a new sewage treatment plant, an additional four units per acre of residential development may be permitted.

An additional 20 units of residential development may be permitted for every 0.25 acre of land dedicated within the Bellport Esplanade and Greenway District that contains existing substantial improvements. Parcels offered for dedication shall have all improvements and environmental contaminants remediated.

An additional three units of residential development may be permitted for every 0.25 acre of land dedicated within the Bellport Esplanade and Greenway District that does not contain existing substantial improvements.

If the project uses substantial amounts of green energy technologies, an additional one unit per acre of residential development may be permitted.

If the project proposes a development wherein 100% of the units comply with the definition of affordable or workforce housing as set forth in Chapter 85, Article XIII, an additional five units per acre of residential development may be permitted.

Housing/units specifically designed to meet universal and inclusive design guidelines or housing/units specifically designed for the visual, auditory, or other special need.

The applicant/owner shall enter a partnership or contract with a special need advocacy housing group to design and administer the housing units.

§ 85-613 Hagerman Hamlet Center Overlay.

[Added 1-13-2022 by L.L. No. 1-2022, effective 1-21-2022]

Permitted uses. All principal and accessory uses permitted within the underlying zoning district(s) shall be permitted.

Town Board special permits. When authorized by the Town Board by special permit, multifamily housing use shall be permitted subject to the criteria as set forth in this chapter, in addition to the density increase criteria contained herein:

Base density. The maximum base density shall be five units per acre.

Montauk Highway frontage: A minimum of 50% of the first floor frontage along Montauk Highway shall be devoted to commercial uses.

Density increase criteria. Permitted base density may be increased by the following:

If the project site can utilize an existing public sewage treatment plant or construct a new sewage treatment plant with a minimum 30% extra capacity or can utilize an existing private sewage treatment plant and provide a minimum additional 30% extra capacity, an additional 10 units per acre of residential development may be permitted.

An additional 20 units of residential development may be permitted for every 0.25 acre of Bellport Greenway multi-use path that contains existing substantial improvements.

An additional three units of residential development may be permitted for every 0.25 acre of Bellport Esplanade and Greenway that is vacant.

If the project uses substantial amounts of green energy technologies, an additional one unit per acre of residential development may be permitted.

If the project proposes a development wherein 100% of the units comply with the definition of affordable set or workforce housing as forth in Chapter 85, Article XIII, an additional five units per acre of residential development may be permitted.

Housing/units specifically designed to meet universal design guidelines or housing/units specifically designed for the visual, auditory, or other special need.

WETLANDS OVERLAY DISTRICT

The applicant/owner shall enter a partnership or contract with a special need advocacy housing group hearing to design and administer the housing units.

§ 85-614 General severability; interpretation.

[Added 1-13-2022 by L.L. No. 1-2022, effective 1-21-2022]

Nothing herein shall be construed to require the Town Board or the Planning Board to grant maximum or any increase in density.

If any clause, sentence, paragraph, section or item of this article shall be adjudged by any 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.

This article shall not be construed to supersede any federal, or state, or county laws or regulations, nor shall this article be interpreted in a manner as to bring it into conflict with federal, or state, or county laws.

All development/redevelopment within this district shall be subject to the requirements, procedures and guidelines specified herein, in addition to those standards of this chapter. When there is a conflict, the standards of §§ 85-607 through 85-614 will apply.

§ 85-615 through § 85-620. (Reserved)

§ 85-621 Wetland Overlay District.

§ 85-622 Definitions.

As used in §§ 85-621 through 85-627, the following terms shall have the meanings indicated:

BUFFER ZONE — That area between a wetlands boundary and the closest permissible location to such boundary for a regulated activity that is not to be disturbed and left in its natural state except for the supplemental planting of native vegetation and those activities approved by the issuance of a wetlands and waterways permit.

DEVELOPMENT

Any building activity, the making of any material change in the use or intensity of use of any structure or land, or the excavation or material alteration of grade or vegetation on a lot which alters the existing state of a parcel of land. Development that has been undertaken without the necessary Town approvals or permits shall not be considered development.

All property identified as wetlands as defined in Chapter 81, Wetlands and Waterways, of the Town Code and/or as may be designated by the New York State Department of Environmental Conservation (NYSDEC) as freshwater or tidal wetlands or adjacent buffer areas under Articles 24 and 25 of the New York Environmental Conservation Law or as may be mapped by the NYSDEC, including, but not limited to, the New York State Freshwater Wetlands Map, filed with the Suffolk County Clerk on or after May 26, 1993, and entitled "Freshwater Wetlands Maps" and any amendments thereto, and the property within and included in the inventory of tidal wetlands prepared by or for the State of New York and filed with the Suffolk County Clerk as of September 28, 1982, last revised November 16, 1982, and entitled "Tidal Wetlands Maps" and any amendments thereto.

§ 85-623 Legislative intent.

The Town Board of the Town of Brookhaven hereby finds and determines that increasing demand for development on property containing freshwater and tidal wetlands and surface waters may adversely impact and impair such natural resources. It is the purpose of this overlay zoning district to implement and achieve the objectives of the Town Board by providing additional protection for property in areas identified as wetlands and surface waters and their adjacent buffer zone areas.

Thus, it is the Town Board's intent and goal that this new zoning district will provide for the additional protection of freshwater and tidal wetlands and surface waters as follows:

To further the protection and improvement of our fresh and salt water quality.

To prevent the destruction of wetlands and adjacent buffer areas.

To preserve and protect natural drainage ways and to reduce and prevent flooding and stormwater runoff associated with adjoining properties; open space and aesthetic appreciation, and erosion control.

To reduce the amount of stormwater runoff and its associated contaminants into the Town's lakes, streams, harbors and bays.

To regulate new construction in environmentally sensitive areas, including but not limited to the siting of structures a safe distance away from areas of active erosion and away from reasonably anticipated impacts of wetlands in order to prevent premature damage and/or destruction thereof, and prevent damage to natural protective features and other natural resources.

§ 85-624 Applicability.

The restrictions of the Wetlands Overlay District shall only apply to those lots that have within their property boundaries either freshwater or saltwater wetlands or are adjacent to or contain within their property boundaries a regulated water body.

§ 85-625 Required buffer area within Wetlands Overlay District.

Required buffer zones: Required buffer zones shall be in accordance to the requirements of Chapter 81, Wetlands and Waterways, of the Town Code of the Town of Brookhaven.

§ 85-626 Land division and subdivision yield calculation.

A minimum buffer zone of 100 feet extending landward from the wetland or surface water, whichever is greater, shall be required when determining yield and must be indicated on the yield map.

For lots located entirely within the Wetland Overlay District, unless a greater lot area is required by the underlying zoning district, the minimum required lot area shall be 200,000 square feet, excluding lands underwater and surface water.

For lots that are proposing a land division or subdivision and are located partially within the Wetland Overlay District, yield shall be based upon the following:

The wetlands yield for that portion of the property designated as wetlands shall be based upon one dwelling unit per 200,000 square feet of lot area, unless the underlying zoning yield is greater. The yield for the one-hundred-foot buffer zone shall be one dwelling unit per 40,000 square feet of lot area unless the underlying zoning is greater. There shall be no yield associated with lands underwater or surface water.

Yield for that portion of the property not designated as wetlands or buffer zone shall be based upon the underlying zoning district.

The total lot yield shall be the sum of the wetlands yield and the underlying zoning yield.

In the event that multiple lots are being combined for a new land division, subdivision, or reconfiguration of the lot lines and any of the lots are within or partially within the Wetlands Overlay District, the total lot yield shall be calculated as if the lots are one contiguous lot.

There shall be no yield associated with lands under water.

The calculation of yield shall only apply to those lots that contain wetlands or that are adjacent to surface waters.

§ 85-627 Prohibitions.

No clearing, grading, dumping, filling or construction of a primary structure shall be permitted within that portion of the site designated as wetlands.

Development within a buffer zone shall only be permitted in accordance with a wetlands and waterway permit issued pursuant to Chapter 81, Wetlands and Waterways, of the Brookhaven Town Code.

§ 85-628 through § 85-632. (Reserved)

§ 85-633 HD Historic District.

§ 85-634 Purpose and policy.

The Town Board finds that the Town of Brookhaven possesses many buildings, structures and areas of historical, architectural and unique aesthetic value which contribute to its physical well-being and cultural heritage and that these tangible assets, which provide a sense of identity and place, should be perpetuated, conserved, protected and enhanced as a public necessity in harmony with the Comprehensive Town Plan and to promote the general welfare. Therefore, it is the purpose and policy of the Town Board to establish historic districts in which special regulations may be necessary to safeguard these buildings, structures and areas of significance in an appropriate manner and to ensure that new buildings, structures and uses within and adjacent to historic districts will be in harmony with their special character to be preserved.

§ 85-635 Historic District Advisory Committee.

The Town Board shall establish an Historic District Advisory Committee, which shall advise the Commissioner on all matters relative to existing or proposed historic districts, historic district transitional areas or historic landmarks prior to the time that said Commissioner makes his/her recommendations to the appropriate governmental agency or acts in his/her own capacity in accordance with the powers and duties enumerated elsewhere in this article.

The Historic District Advisory Committee shall be appointed by the Town Board and shall be composed of Town citizen members who are neither elected nor appointed Town officials and who are not Town employees. Members, at the rate of one person representing each historic district, shall also be appointed. Additional members, at the rate of one representing each historic district established hereafter, shall also be appointed. A member may represent more than one historic district. A quorum of the Historic District Advisory Committee shall be three members. Members shall be appointed in accordance with the following:

Members representing a particular historic district shall be a Town citizen who resides within the Council District in which the historic district lies; and

§ 85-636 Establishment of historic districts or historic landmarks; exclusion of religious institutions and school district properties.

In the event the historic district lies within two Council Districts, the member representing such historic district may reside in either of the Council Districts in which the historic district lies.

Commencing February 1, 2013, all members shall be appointed according to the following schedule: three members for a term of one year; three members for a term of two years; three members for a term of three years; and all other members for terms of four years. Upon the expiration of each of said terms, reappointments shall serve for terms of four years each. Said members, except the Chairman, shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties. The Chairman will receive an annual salary, which shall be set from time to time by the Town Board, in addition to being reimbursed for expenses incurred in the performance of his duties.

At least one member of the Historic District Advisory Committee shall be a registered architect, and the remaining members shall be qualified to serve by reason of their interest, training or experience in achieving the objectives of this article. The Town Historian shall serve ex officio on this Committee.

The Town Board shall appoint one member to be the Chairman of said Committee and shall appoint all new members in the event that vacancies occur. If a vacancy shall occur, it shall be filled by the Town Board for the unexpired term; however, no such appointment shall exceed four years.

An historic district shall be established by the Town Board after holding duly advertised public hearing on the matter and after receiving a written recommendation or report by the Commissioner. A petition with the signatures of owners of a minimum of 20% of the area to be designated by the Commissioner, excluding any school district property, will be required before the Commissioner makes his/her recommendation. The minimum of 20% of the area to be designated shall be calculated to be either 20% of the number of total number of parcels to be designated or 20% of the total acreage to be designated. Said area shall include owners of land who have any portion of their parcel contained within the area designated by the Commissioner. Said area shall not include owners of parcels adjacent to, abutting or across the street from areas designated by the Commissioner. All historic districts and historic district transitional areas shall be officially shown on the Town Zoning Map.

Exclusions.

Religious institutions: Upon application to the Town Board, said Board may, by an affirmative vote of five members thereof, exclude a religious institution from an historic district. For purposes of this subsection, a "religious institution" shall be defined as such organization, association or corporation as complies with the requirements set forth in §§ 420-a, 420-b (nonprofit organizations), 460 and 462 of the New York Real Property Tax Law and shall have tax-exempt status as determined by the Assessor of the Town of Brookhaven.

School district properties: School district properties shall be excluded from the formation of an historic district and historic district transitional areas. For the purposes of this subsection, said property shall be those properties that are exempt from taxation pursuant to § 408 of the Real Property Tax Law, and any amendments thereto, and that such property has tax-exempt status as determined by the Assessor of the Town of Brookhaven.

An historic landmark may be established by the Town Board after holding a duly advertised public hearing on the matter and after receiving a written recommendation or report by the Commissioner. Written notice of the public hearing must be given to the owner of said property as shown on the current Town of Brookhaven assessment roll not less than 10 days prior to the date of the public hearing.

§ 85-637 Powers and duties of Commissioner.

In carrying out the purposes of this article, the Commissioner shall have the following powers and duties:

To serve as the general administrative and review official with the specific powers and duties enumerated elsewhere in §§ 85-633 through 85-641.

To prepare the necessary studies, research investigations and consultations, prepare the necessary maps, reports and other material and undertake such other assignments as it deems appropriate and as may be requested by the Town Board, all directed toward the establishment and preservation of historic districts, historic district transitional areas or historic landmarks.

To recommend to the Town Board the establishment of historic districts or historic landmarks, including their boundaries and a general description of the special features and characteristics of such districts or landmarks after study.

To review all applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board in historic districts, historic district transitional areas or historic landmarks to determine what effect their granting may have on their special character to be preserved.

To review all applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board concerning the exterior of buildings in historic district transitional areas to determine what effect their granting may have on the special character to be preserved in the adjacent historic district.

To review all municipal proposals relative to structures within an historic district, historic district transitional area or historic landmark.

To utilize the services of special consultants to assist in the resolution of specific problems.

To consult with and offer suggestions to property owners, residents and tenants in an historic district, historic district transitional area or historic landmark to help implement the objectives of this article.

To refer applications to the Historic District Advisory Committee, on all matters relative to existing or proposed historic districts, historic district transitional areas or historic landmarks and to refer all applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board in historic districts, historic district transitional areas or historic landmarks.

§ 85-638 Review procedure.

Applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board within historic districts, historic district transitional areas or historic landmarks shall be referred to the Commissioner by the Chief Building Inspector, the Board of Zoning Appeals, Planning Board, Town Clerk or any other department or division which accepts the aforementioned land use applications.

The Commissioner shall then review the applications and plans in accordance with the provisions of §§ 85-633 through 85-641. In making his/her review, the Commissioner may confer with the applicant or its authorized representative and shall, in making his/her determination, consider the following:

The compatibility of the proposed building, structure, alteration thereof of the property with neighboring properties and the historic district or historic landmark as a whole.

The visual and locational relationship between the property in question and the historic district's, historic district transitional area's or historic landmark's existing buildings, structures, special character and general appearance in regard to style, material, scale, proportion, composition, mass, line, detail, setback, landscaping and related items.

Any other factors relating to aesthetic considerations which are deemed pertinent to the benefit of the historic district, historic district transitional areas or historic landmark.

By specific request in a particular case, the Commissioner may require the submission of such plans, reports, maps, exhibits, photographs or drawings as are necessary for his/her determinations. These submissions shall include but not be limited to site plans, architectural plans, landscaping plans, proposed signs, proposed exterior lighting, proposed construction materials, proposed door, window and facade design details and photographs or drawings indicating visual relationships to adjoining buildings and spaces in the historic district, historic district transitional areas or historic landmark.

After his/her review and examination of the items submitted and subsequent to such further deliberations as he/she deems necessary, but within 45 days of the receipt of the application and accompanying items for review, unless the time period is extended as mutually agreed upon by the Commissioner and the applicant, the Commissioner shall issue a favorable recommendation to the Chief Building Inspector, Chairman of the Board of Zoning Appeals, Planning Board Chairman, Town Clerk, or any other referring department or division only if he/she finds that the proposal or a modification thereof is in fact appropriate to the character, appearance and efficient functioning of the historic district. When the recommendation is for denial, the Commissioner shall state the reasons given for such recommendation.

In an historic district, historic district transitional area or historic landmark, no permit shall be issued to erect or alter a building, structure or sign or to move or demolish a building, structure or sign in such manner as to change the outside dimensions or exterior appearance unless and until a recommendation has been received by the Commissioner. Likewise, no special use permit or variance shall be granted by the Board of Zoning Appeals or Planning Board until a recommendation by the Commissioner has been received.

Demolition permits.

No permit shall be issued for demolishing all or part of a building or structure within an historic district, historic district transitional area or historic landmark until the Commissioner has reviewed such demolition permit application and its potential effect upon said historic district, historic district transitional area or historic landmark.

If the Commissioner finds that preservation is physically or economically not feasible, he/she shall recommend in favor of issuing such demolition permit.

If preservation is found to be physically or economically feasible, the Commissioner shall take or encourage the taking of whatever steps appear most likely to lead to such preservation, either on the site on which the building or structure is located or on another site to which it might appropriately be removed.

Within six months from date of referral of application for a demolition permit, unless the owner of the property agrees to an extension of the time period or unless means acceptable to the owner have been found to preserve the building or structure, the Commissioner shall give his/her recommendation to the Chief Building Inspector, who shall thereupon be authorized to act upon such application.

In such instances where the Commissioner shall recommend more- or less-restrictive regulations than those authorized in §§ 85-633 through 85-641, in the Town Subdivision Regulations[1] and in other Town ordinances in order to accomplish the purposes of §§ 85-633 through 85-641, the Town Board, Commissioner, Chief Building Inspector, Board of Zoning Appeals and Planning Board shall be empowered to adopt and enforce such more- or less-restrictive regulations.

Editor's Note: See Ch. SR, Subdivision Regulations.

Any person aggrieved by any decision of the Commissioner or Chief Building Inspector under §§ 85-633 through 85-641 may appeal such decision to the Board of Appeals in the same manner as is provided for zoning appeals; and the Board of Appeals, after proceeding in the same manner as is provided for zoning appeals and with the same power and authority vested in said Board of Zoning Appeals, when passing upon appeals before it, under the provisions of Town Law, may reverse, modify or affirm the decision of the Commissioner or Chief Building Inspector.

§ 85-639 Maintenance.

No owner, person or entity with a legal interest in a property included within a designated historic district, historic district transitional area or a designated historic landmark shall fail to maintain the landmark or property in accordance with the standards set forth at Chapter 82, Neighborhood Preservation, § 82-3, and/or Chapter 49, Property Maintenance, of the Code of the Town of Brookhaven, nor shall any such owner, person or entity permit the property to fall into a state of disrepair so as to result in the deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the designated historic district as a whole or the life and character of the designated landmark itself. Examples of such deterioration include:

Deterioration of exterior walls, other vertical supports, or other structures.

Deterioration of roofs or other horizontal members.

Deterioration of window and door surrounds, eaves, and other architectural details.

Deterioration of exterior chimneys.

Deterioration or crumbling of exterior stucco or mortar.

Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.

Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public safety.

Nothing contained in §§ 85-633 through 85-641 shall be construed to prevent the maintenance and repair of any exterior architectural feature or premises in an historic district, historic district transitional area or historic landmark, excluding a change in design, material or the outward appearance thereof.

In order to prevent property owners from allowing buildings and structures in historic districts or historic landmarks to deteriorate and decay through neglect so that they may ultimately have to be demolished because of unsafe or dangerous conditions, the Chief Building Inspector, after conferring with the Commissioner, may require that the defects be corrected at the earliest possible time.

Sections 85-633 through 85-641 shall not apply in any case where the Chief Building Inspector, after conferring with the Commissioner, orders or directs the construction, alteration, removal or demolition of any building or structure in an historic district, historic district transitional area or historic landmark for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.

§ 85-640 Limitation or remission of taxes.

A property owner whose property is affected by the establishment of an historic district, historic district transitional area or historic landmark including or bordering upon his property may make application to the Town Assessor for a limitation or remission of the taxes assessed on said property. Said limitation or remission shall be solely for the purpose of and in an amount calculated to compensate said property owner for added costs, if any, of maintaining his property in accordance with the requirements of the historic district or historic landmark. Said application must be accompanied by a written, signed and notarized statement by the property owner that it is his intention to maintain said property as required or recommended pursuant to the terms of §§ 85-633 through 85-641.

§ 85-641 Violations; historic districts, historic district transitional area, historic landmarks.

Any owner, person or entity who or which demolishes, alters, constructs or permits a property within a designated historic district, historic district transitional area or a designated historic landmark to fall into a state of disrepair or otherwise in violation of this chapter, or causes, allows or permits a violation of any permit, approval, covenant or restriction, or any condition imposed by the Town Board, the Zoning Board of Appeals or the Commissioner, shall be required to restore the property and the site to its appearance before the violation, in full compliance with this chapter, and in full compliance with any permit, approval, covenant or restriction and any condition imposed in said grant/permit. Any action to enforce this provision shall be in addition to and not in lieu of criminal penalties and other available remedies.

Any owner, person or entity who or which partially or totally demolishes a property within a designated historic district, historic district transitional area or designated historic landmark, without obtaining the required permit, approval or authorization, shall also be subject to a civil fine of up to the market value of the property, either before or after the violation, whichever is greater. Said civil fine shall be imposed by the Town Board after a public hearing providing for prior notice to the property owner listed on the most recent Town assessment roll, and an opportunity to be heard at the public hearing. In determining an appropriate civil fine, the Town Board may consider evidence of the willfulness of the offense; the extent of the demolition and its aesthetic effect; the overall effect on the surrounding community; the administrative costs avoided by the violation and the profit realized as a result of the violation. The Town Board's determination may then be judicially reviewed in a proceeding brought pursuant to Article 78 of the New York State Civil Practice Law and Rules, provided it is commenced within the governing statute of limitations. The Town Attorney may file and record a lis pendens for the civil fine during the pendency of any litigation. Upon expiration of the time within which to seek judicial review, or upon completion of the litigation, the civil fine imposed by the Town Board shall be assessed against the land on which the building or structure is or was located. The amount of such civil fine shall be reported to the Assessor of the Town as an amount to be levied and assessed against said premises to be included in the next succeeding assessment roll of the Town of Brookhaven to be thereafter prepared.

§ 85-642 through § 85-646. (Reserved)

§ 85-647 Lawrence Aviation Overlay District.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

§ 85-648 Purpose, intent and objectives.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

Purpose and intent.

The purpose of this legislation is to create and implement a Lawrence Aviation Overlay District, consistent with the recommendations of the Lawrence Aviation Land Use Plan. This legislation is specifically enacted to affect the district, which will regulate the site and parcels described herein as residential transition parcels or industrial parcels.

The intent of the Lawrence Aviation Overlay District is to be more protective of the environment and residents, while returning the industrial portion of the site to productive industrial use. The overlay district will encourage appropriate redevelopment of the Lawrence Aviation Superfund site which is compatible with adjacent community uses, protects the health, safety and welfare of residents, and provides for preservation of natural habitat. It will also recognize and regulate a residential transition area contiguous to the Superfund site. The residential transition area regulations are intended to protect the quality of life and human health of the residential districts and ensure the residents are protected from the impacts of past and future industrial uses at the Lawrence Aviation site.

The Lawrence Aviation Overlay District regulations are intended to supplement the regulations of the underlying zoning district(s). All development/redevelopment within this overlay district shall be subject to the requirements, procedures and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. When there is a conflict, the standards of this section will apply.

The specific objectives of the Lawrence Aviation Overlay District are to:

Encourage responsible redevelopment and preservation of the former site of Lawrence Aviation Industries, an EPA-designated Superfund site, and contiguous properties.

Provide incentives to encourage green energy production, particularly solar energy.

Provide guidelines for the transfer-of-development yield, both sanitary density and percentage of clearing, among industrially zoned parcels to encourage clustering and habitat preservation.

Eliminate certain currently permitted industrial uses that do not comply with the EPA use designation in the L-1 Industrial District from the Lawrence Aviation associated properties.

Create a residential transition area to regulate new construction and require advisory deed notices.

§ 85-649 Designation of Lawrence Aviation Overlay District.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

The provisions contained within §§ 85-647 through 85-650 shall apply to all parcels within the Lawrence Aviation Overlay District as shown herein and as set forth in the Lawrence Aviation Land Use Plan.

Lawrence Aviation Land Use Plan Overlay District Parcels
SCTM
0200-159-2-19
0200-159-1-26
0200-159-2-8.1
0200-159-2-22
0200-159-2-8.3
0200-159-2-8.2
0200-136-2-22
0200-159-2-20
0200-180-4-2
0200-180-4-1

§ 85-650 Permitted uses.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

All principal and accessory uses permitted within the underlying zoning district(s) shall be permitted with the exception of the following uses:

Agricultural or nursery use including the retail sale of products raised on the premises.

Church or similar place of worship.

Day-care facility.

Nonmotorized recreational activities.

Open farming.

Other agriculture.

All principal and accessory special permit uses within the underlying zoning districts, with the exception of the following uses, shall be permitted:

Assembly and social recreation hall or dance hall.

Kennels, provided that all activities are contained within the building.

Golf course and country club.

Public, private school or parochial school, with or without dormitory facilities.

Human cemetery.

University or college.

The following special permit uses, when authorized by the Planning Board, shall be subject to the criteria as set forth in Article VIA, § 85-107, in addition to the criteria contained herein:

Solar energy production facility.

A solar energy production facility shall be permitted subject to the following:

Minimum lot area.

The minimum lot area for a solar energy production facility shall be a minimum of 20 acres.

Minimum lot coverage.

The total coverage of a lot with freestanding solar panels cannot exceed 75% lot coverage.

Height and setback restrictions.

The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.

[b]

A minimum setback for a solar energy production facility and equipment used in conjunction with the solar farm shall be located at least 50 feet from any residential dwelling or zone other than a dwelling owned by the owner of the land on which the solar farm is located.

[c]

A minimum twenty-five-foot perimeter landscaped buffer shall be provided around all mechanical equipment and solar panels to provide screening from adjacent residential properties and Town, county and state roads and shall consist of a variety of native, drought-resistant evergreen plants.

[4]

Design standards.

Ground cover under and between the rows of solar panels shall be low-maintenance, non-fertilizer-dependent, drought-resistant natural flora.

[b]

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

[c]

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

[d]

All solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

[e]

All mechanical equipment of a principal solar energy production facility, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high or maximum ten-foot-high fence with a self-locking gate, and provided with landscape screening in accordance with the landscaping provisions of this chapter.

[f]

A solar farm connected to the utility grid shall provide a proof of concept letter, contract or other document from the local utility company acknowledging the solar farm will be interconnected to the utility grid in order to sell electricity to the public utility entity.

[5]

Signs.

A sign not to exceed 2.25 square feet shall be attached to a fence adjacent to the main access gate and shall list the facility name, owner and phone number.

[b]

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

§ 85-651 Additional requirements.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015; amended 6-26-2018 by L.L. No. 13-2018, effective 7-9-2018]

The Chief Building Inspector shall place an advisory notice on all certificates of occupancy, or their equivalent, issued for parcels located within the Lawrence Aviation Overlay District. In addition, the Chief Building Inspector shall require certification from a certified testing laboratory as to the presence or absence of soil vapor intrusion from volatile organic compounds and the levels of same. In the event the certification from the certified testing laboratory indicates volatile organic compound levels in excess of federal, state or county government standards, the Chief Building Inspector shall require mitigation and/or remediation in accordance with said government standards before the issuance of a certificate(s) of occupancy.

All applications submitted for parcels within the Lawrence Aviation Overlay District shall include a soil management plan which shall provide soil and volatile organic compounds testing, and, as warranted, soil and/or volatile organic compound remediation to ensure safe development, if materials are proposed to be removed or if grading is to occur. All testing criteria utilized shall be in accordance with 6 NYCRR 375-6.8(a) and (b).

There shall be no increase in residential density permitted utilizing transfer of development rights credits.

§ 85-651.1 Density, clearing, setbacks and buffers.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

Development rights from properties located south of the Setauket-Port Jefferson Station Greenway Trail may be transferred to the industrially zoned parcels to the north of the Setauket-Port Jefferson Station Greenway Trail in accordance with the following:

Clearing of natural vegetation shall be increased proportionally on the receiving parcel based upon the amount of density or acreage being transferred.

The floor area ratio (FAR) shall be increased proportionally on the receiving parcel based upon the amount of density or acreage being transferred.

A minimum one-hundred-foot buffer consisting of natural and undisturbed vegetation, supplemented as needed with a density and quality of plantings equal to five rows of evergreen plantings seven feet high and five feet on center, shall be provided from any industrially zoned or used properties to all adjacent residentially zoned or used properties.

No disturbances of soils or vegetation within 150 feet of any wetland boundary or surface waters.

§ 85-651.2 Designation of Lawrence Aviation Residential Transitional Overlay District.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

The provisions contained within §§ 85-647 through 85-650 shall apply to all parcels within the Lawrence Aviation Overlay District as indicated below and as set forth in the Lawrence Aviation Land Use Plan.

Lawrence Aviation Land Use Plan Residential Overlay District Parcels
Tax Map Number
0200 15800 0400 014000
0200 13600 0100 001001
0200 15900 0100 035002
0200 15900 0100 033000
0200 15900 0100 034000
0200 15900 0100 009000
0200 15900 0200 018002
0200 15900 0200 017000
0200 15900 0200 016000
0200 15900 0200 018001
0200 15900 0100 025000
0200 15900 0100 029010
0200 15900 0200 023001
0200 15900 0200 023002
0200 15900 0200 014000
0200 15900 0100 018000
0200 15900 0100 006000
0200 15900 0100 017000
0200 15900 0100 008001
0200 15900 0100 016000
0200 15900 0100 010000
0200 15900 0100 015000
0200 15900 0100 014000
0200 15900 0100 013000
0200 15900 0100 012002
0200 15900 0100 012001
0200 15900 0100 001000
0200 15900 0100 002000
0200 15900 0100 003000
0200 15900 0100 004000
0200 15900 0100 005000
0200 15900 0200 011001
0200 15900 0200 012000
0200 15900 0200 009000
0200 15900 0200 007004
0200 15900 0200 007003
0200 13600 0100 048005
0200 15900 0200 001002
0200 13600 0100 040001
0200 13600 0100 039007
0200 13600 0100 023002
0200 13600 0100 039009
0200 13600 0100 039008
0200 13600 0100 039006
0200 13600 0100 048003
0200 13600 0100 039005
0200 13600 0100 039004
0200 13600 0100 027000
0200 13600 0100 048004
0200 13600 0100 029000
0200 13600 0100 039002
0200 13600 0100 012000
0200 13600 0100 011000
0200 13600 0100 010000
0200 13600 0100 009000
0200 13600 0100 008000
0200 13600 0100 007000
0200 13600 0100 006001
0200 13600 0100 004000
0200 13600 0100 003001
0200 13600 0100 002001

The Lawrence Aviation Residential Overlay District regulations are intended to supplement the regulations of the underlying zoning district(s). All development/redevelopment within this overlay district shall be subject to the requirements, procedures and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. When there is a conflict, the standards of this section will apply.

§ 85-651.3 Permitted uses.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

All principal and accessory uses permitted in the underlying zoning districts shall be permitted with the exception of the following:

Basements, as defined in the New York State Uniform Fire Prevention and Building Code (NYSUFPABC), are prohibited.

All special permit principal and accessory uses shall be permitted.

§ 85-651.4 Additional requirements.

[Added 7-16-2015 by L.L. No. 14-2015, effective 7-28-2015]

The Chief Building Inspector shall place an advisory notice on all certificates of occupancy, or their equivalent, issued for parcels located within the Lawrence Aviation Overlay District or Lawrence Aviation Residential Overlay District. In addition, the Chief Building Inspector shall require certification from a certified testing laboratory as to the presence or absence of soil vapor intrusion from volatile organic compounds and the levels of same. In the event the certification from the certified testing laboratory indicates volatile organic compound levels in excess of federal, state or county government standards, the Chief Building Inspector shall require mitigation and/or remediation in accordance with said government standards before the issuance of a certificate(s) of occupancy.

Notwithstanding the provisions contained within § 85-136A(7), for any parcel of land located within the Lawrence Aviation Overlay District which is located in more than one zoning district, the zoning requirements of each zoning district, as depicted on the Building Zone Map, must be met.

There shall be no increase in residential density permitted utilizing transfer of development rights credits.

§ 85-652 Montauk Highway Transitional Area Overlay District for Mastic and Shirley.

§ 85-653 Legislative purpose and intent.

It is the intent of §§ 85-652 through 85-668 to create and implement herein a Transitional Area Overlay District ("the District"), consistent with the recommendations of the Montauk Highway Corridor Study and Land Use Plan for Mastic and Shirley Phase II ("the Plan"). Sections 85-652 through 85-668 are specifically enacted to effect the District, which will cover that portion of the Montauk Highway Corridor lying between the two Main Street Business District centers in Shirley and Mastic. The Plan, which has identified this portion of said corridor as a major transportation route, has recommended the adoption of the District to enhance the aesthetic and visual character of this corridor, creating and providing visual definition for this area.

The area lying within the District has long been recognized as an area in need of revitalization. Adoption and implementation of this overlay district would encourage and allow the application of enhanced land use standards which would promote the coordinated orderly development of the parcels included within it and reduce the unintended effect of urban sprawl. The overall intended goal is to encourage and promote improved architecture, landscaping and setbacks, through the use of incentives. The incentives, provided as a voluntary option for those parcels within the District, such as an expanded list of permitted uses, greater FAR and reduced parking requirements for second-story uses, would allow for the ability to increase allowable and perhaps better suited uses than those provided in the underlying zoning. In addition, added site design and development standards intended to provide greater setbacks and buffering along Montauk Highway would improve aesthetics and enhance values between the Main Street Business Districts of Shirley and Mastic. As this incentive-based district is promoted yet voluntary, the subject parcels retain the option for development under the existing zoning.

It is anticipated that the District, intended to supplement the regulations of the underlying zoning districts while providing incentives for more creative design and compatible development along the Montauk Highway corridor, will allow existing businesses to reinvest in improvements while promoting alternative and economically viable uses which improve the aesthetics and function of this transitional portion of the corridor.

The specific objectives of the District are to provide incentives which will encourage design and use features deemed via the Plan to be more desirable which will:

Support the area between the hamlet centers as a transitional area, encouraging a mix of new nonretail compatible uses, while continuing to allow uses permitted based upon the underlying zone of the property.

Promote alternative uses to general retail business, including office, service-oriented and neighborhood businesses and second-story residential and/or office use.

Provide stability to existing business interests and incentives for compatible renovation and redevelopment opportunities to promote a more defined transitional area.

Reverse the appearance of commercial and suburban sprawl in the district through predictable setback, buffering and development criteria.

Enhance aesthetics and improve safety through a visually improved landscape environment, a streetscape with sidewalks and appropriate lighting and enhanced site design standards.

Promote the safe and efficient use of the roadway network for motorists, pedestrians and bicyclists along the corridor by reducing movements and curb cuts onto Montauk Highway.

Improve the appearance, function and availability of parking areas throughout the corridor.

Improve visual appearance by establishing uniform sign criteria, thereby reducing visual distraction.

Provide opportunities to retain and create open space in the transitional area of the corridor for its visual benefits, and community recreational opportunities and/or passive recreation.

(10)

Utilize the opportunity created by the fifty-foot common strip of land north of Montauk Highway, beginning 300 feet east of Park Avenue along both Montauk Highway and Hoover Court and extending east to Titmus Drive, to create coordinated parking and access design along Hoover Court and improved aesthetics along Montauk Highway, where possible.

§ 85-654 Designation of Montauk Highway Corridor Transitional Area Overlay District.

The provisions contained in §§ 85-652 through 85-668 shall apply to all properties within the Montauk Highway Corridor Transitional Area Overlay District as shown herein and as set forth in the Montauk Highway Corridor Study and Land Use Plan for Mastic and Shirley Phase II.

Parcels within the Transitional Area Overlay District.

	0200 82300 0800 038000
	0200 82300 0800 066000
	0200 82300 0800 078000
	0200 82300 0800 080001
	0200 82300 0800 081000
	0200 82300 0800 082000
	0200 82300 1000 004002
	0200 82300 1000 004003
	0200 82300 1000 005000
	0200 82300 1000 007000
	0200 82300 1000 008000
	0200 82300 1000 009000
	0200 82300 1000 010001
	0200 82300 1000 010002
	0200 82300 1000 018000
	0200 82300 1000 020000
	0200 82300 1000 021001
	0200 82400 0200 024000
	0200 82400 0200 025000
	0200 82400 0200 027001
	0200 82400 0200 028000
	0200 82400 0300 018000
	0200 82400 0300 019000
	0200 82400 0300 020000
	0200 82400 0300 055005
	0200 82400 0400 026000
	0200 82400 0400 027000
	0200 82400 0800 001000
	0200 82400 0800 002002
	0200 82400 0800 003000
	0200 82400 0800 007000
	0200 82400 0800 008000
	0200 82400 0800 009000
	0200 82400 0800 012000
	0200 82400 0800 013000
	0200 82400 0800 014000
	0200 82400 0800 015000
	0200 82400 0800 016000
	0200 82400 0800 017000
	0200 82400 0800 018000
	0200 82400 0800 019000
	0200 82400 0800 020000
	0200 82400 0900 001000
	0200 82400 0900 004001
	0200 82400 0900 004002
	0200 85200 0100 022000
	0200 85200 0100 023000
	0200 85200 0100 024000
	0200 85200 0100 025000
	0200 85200 0100 026000
	0200 85200 0100 027000
	0200 85200 0100 028000
	0200 85200 0100 029000
	0200 85200 0100 030000
	0200 85200 0100 031000
	0200 85200 0100 032000
	0200 85200 0100 033000
	0200 85200 0100 034000
	0200 85200 0100 035000
	0200 85200 0100 036000
	0200 85200 0100 037001
	0200 85200 0100 037002
	0200 85200 0100 038000
	0200 85200 0100 039000
	0200 85200 0100 040000
	0200 85200 0100 041000
	0200 85200 0100 042000
	0200 85200 0100 043000
	0200 85200 0100 044000
	0200 85200 0100 045000
	0200 85200 0100 046000
	0200 85200 0100 047000
	0200 85200 0100 048000
	0200 85200 0100 049000
	0200 85200 0100 050000
	0200 85200 0100 052001
	0200 85200 0100 053000
	0200 85200 0100 054000
	0200 85200 0100 055000
	0200 85200 0100 056000
	0200 85200 0100 057000
	0200 85200 0100 058000
	0200 85200 0100 060001
	0200 85200 0100 061000
	0200 85200 0100 062000
	0200 85200 0100 063001
	0200 85200 0100 064000
	0200 85200 0100 066001
	0200 85200 0100 067000
	0200 85200 0100 071001
	0200 85200 0100 075001
	0200 85200 0100 076000
	0200 85200 0100 077000
	0200 85200 0100 078000
	0200 85200 0100 079000
	0200 85200 0100 080000
	0200 85200 0100 081000
	0200 85200 0100 083001
	0200 85200 0100 083002
	0200 85200 0100 084000
	0200 85200 0100 086000
	0200 85200 0100 087000
	0200 85200 0100 088000
	0200 85200 0100 089000
	0200 85200 0100 090000
	0200 85200 0100 091001
	0200 85200 0100 091002
	0200 85200 0100 092000
	0200 85200 0200 004001
	0200 85200 0200 006001
	0200 85200 0200 007000
	0200 85200 0200 008000
	0200 85200 0200 009000
	0200 85200 0300 005001
	0200 85200 0300 006000
	0200 85200 0300 007000
	0200 85200 0300 008000
	0200 85200 0300 009001
	0200 85200 0300 010001
	0200 85200 0300 011001
	0200 85200 0300 013002
	0200 85200 0300 064001
	0200 85200 0400 001000
	0200 85200 0400 002000
	0200 85200 0400 005000
	0200 85200 0400 006000
	0200 85200 0400 007000
	0200 85200 0400 015000
	0200 85200 0400 016000
	0200 85200 0400 017000
	0200 85200 0400 020000
	0200 85200 0400 085000
	0200 85200 0500 002001
	0200 85200 0500 003001
	0200 85200 0500 004001
	0200 85200 0500 005001
	0200 85200 0500 006001
	0200 85200 0500 007000
	0200 85200 0500 008001
	0200 85200 0500 009002
	0200 85200 0500 009003
	0200 85200 0500 011002
	0200 85200 0500 012000
	0200 85200 0500 013000
	0200 85200 0500 014000
	0200 85200 0500 015000
	0200 85200 0500 017002
	0200 85200 0500 017003
	See also: Map Attachment at end of § 85-668.

Uses permitted in the underlying zoning without incentives will continue to be permitted. With the enactment of §§ 85-652 through 85-668, and through the use of this overlay district, as well as other companion laws, uses identified in the Plan as appropriate for a transitional area (set forth herein as "incentive uses") will now be permitted in the underlying zoning districts. This will allow for expanded development opportunities for the District parcel owners, by providing development incentives set forth below. In an effort to realize the goals and objectives of the Town in creating this District, as opposed to changing the zoning designation of the underlying parcels, a parcel exercising the option to avail itself of the incentive uses will be subject to development which meets the setback, design and landscape standards as set forth herein.

§ 85-655 Incentives offered.

In order to effectively promote the goals and intent of the Montauk Highway Corridor Study and Land Use Plan for Mastic Shirley Phase II without the more pervasive effect of actually changing the zoning classifications on the parcels deemed to be located within the District, §§ 85-652 through 85-668 seek to obtain the desired goals through the means of incentives as opposed to mandates which, due to preexisting development, may be too onerous. While compliance with the enhanced standards is ultimately the objective of the District, it is anticipated that as property owners are able to cost effectively redevelop their properties in conformance herewith by virtue of the expanded or incentive uses or other such incentive that they will do so.

The incentives which have been identified as most effectively achieving the Town's goals while mutually benefitting the property owners and which are offered herein are:

Expanded permitted ("incentive") uses;

Increased floor area ratio; and

Relaxed parking for second-story uses.

§ 85-656 General procedures.

Landowners and developers of land within the Montauk Highway Corridor Transitional Area Overlay District may pursue development for uses in conformance with the existing zoning of sites or may follow the procedure outlined herein to pursue a development consistent with the goals of this chapter.

A yield map may be prepared to establish the maximum allowable density under the current zoning (illustrating conforming building, parking and landscaping). In the Hoover Court Area, use of the parking easement area may be used to establish yield as is customary in this area and shall be used in lot area in calculating floor area ratio (FAR).

Upon receipt of an application for development within the Montauk Highway Corridor Transitional Area Overlay District, the Planning Commissioner or his/her designee shall review and consider the proposed development.

In review of an application, the Planning Commissioner or his/her designee shall determine whether the project is eligible to receive incentives as outlined herein. Such eligibility shall be determined upon the project's compliance with the design standards set forth herein, and in compliance such project shall be deemed to meet the intent of this section.

A project deemed by the Planning Commissioner or his/her designee to meet the intent of this section shall have an administrative review by said Commissioner or his designee.

If the maximum building size allowable under these standards is less than allowable by the yield map, the applicant may petition the Planning Board to relax this standard by a maximum of 10%, and the Planning Board is herein empowered and authorized to relax said standard up to said maximum upon a finding that it is the minimum amount necessary to permit the alternative development.

§ 85-657 Site development review standards.

Purpose and intent. In order to promote the goals of the Plan and intent of §§ 85-652 through 85-668 and enhance the visual experience and functional operation along the corridor, incentives, as set forth below, in the form of enhanced requirements have been created for use in reviewing land use applications and project design.

§ 85-658 Enhanced dimensional requirements.

Minimum front yard setback.

The setback for structures, vehicular movement, and vehicular parking areas shall be 25 feet, with the exception of permitted curb cuts and access drives (only where necessary) and the Hoover Court Area (see below). Upon petition, review and approval of the Planning Board, previously developed lots may seek relief from this section up to 10%, and the Planning Board herein is empowered and authorized to grant such relief upon a finding that it is the minimum amount necessary to permit the alternative development and accomplishes the goals set forth herein, and provided all other landscape and buffer requirements are met.

For through lots (lots with frontage on parallel streets) and corner lots facing existing side roads, the secondary front yard setback shall also be a minimum of 25 feet.

Except as otherwise provided herein, the minimum required landscaped front yard shall be 25 feet.

Hoover Court: The area on the north side of Montauk Highway, beginning 300 feet east of Park Avenue, along both Montauk Highway and Hoover Court and extending east to Titmus Drive (with the exception of the parcel identified as SCTM #200-852-1-063.1, which does not include the strip of land designated for parking) (from herein to be known as the "Hoover Court Area") contains a fifty-foot (as well as 25 feet along the west side of Bonny Drive) strip of land which is neither Town-owned nor privately owned, but exists for the common use of the adjoining parcels. Only in areas where this common land is present, the building setback from the private property line along Montauk Highway may be reduced to a minimum of one foot in order to maintain landscaping along the Montauk Highway side of the parcels, within the common area and to provide coordinated parking to the north of the uses with access from Hoover Court.

Required side yard setback.

The minimum side yard setback shall be 10 feet.

Required rear yard.

The minimum rear yard setback shall be 25 feet.

Floor area ratio (FAR).

The maximum FAR within the Transitional Area Overlay District shall be 35% except in the Hoover Court Area where it shall be 30%.

In the Hoover Court Area, the lot area and resulting FAR calculation should include the fifty-foot-wide common area described above.

Front porches which enhance the residential style of a building may be excluded from the FAR.

Height.

Maximum height may not exceed 35 feet or 2 1/2 stories.

The maximum height of accessory structures may not exceed 18 feet in height.

Second-story residential density.

Must conform to Suffolk County Sanitary Code or as approved by SCDHS BOR for additional density.

§ 85-659 Enhanced parking and access standards.

Parking requirements shall be based upon the requirements of § 85-852, with the exception of mixed-use buildings containing office space or residential use on the second floor where a reduced parking rate may be applied. Required parking for the second-floor portion of mixed-use buildings within the Transitional Area Overlay District shall be based upon one stall per 500 square feet of floor area.

All parking shall be located, to the greatest possible extent, in the rear and/or side yard areas of structures fronting Montauk Highway as determined by the Planning Board or the Planning Commissioner.

Parking lots for passenger vehicles, permitted prior to the adoption of the District, may be permitted in a required front yard, provided that said parking area is located to the rear of a twenty-five-foot landscape buffer area. The intent is to ultimately relocate all front yard parking behind the actual building setback. The Planning Board, upon consideration of the existing character of the site and of the surrounding community and land uses, may waive or modify said requirement, provided the intent to provide the maximum possible landscaping along Montauk Highway is met.

In the Hoover Court Area, parking shall be permitted in the required front yard which faces Hoover Court, provided that a minimum twenty-foot landscaped area is established adjacent to the Hoover Court right-of-way. No parking is to be located in the required setback area fronting Montauk Highway.

Coordinated access is encouraged. To the extent allowable, any property within the Transitional Area Overlay District shall be coordinated with adjacent properties and shall attempt to eliminate curb cuts onto Montauk Highway in favor of access from side streets, interconnection between parking lots and shared curb cuts with cross-access agreements. To the extent allowable by law, the Planning Board or the Planning Commissioner, as part of site plan review, may request the consent of the applicant/owner for future access to or from an adjoining property to allow interconnection between parking lots and shared curb cuts. In such cases, where it has been agreed to or required, the applicant/owner shall file a cross-access agreement in a form satisfactory to the Town Attorney. The above cross-access agreement shall not apply to single- or two-family residences.

Where proposed parking is insufficient, the Planning Board is hereby empowered to consider shared parking to the extent of up to a deficiency of 10% where cross-access agreements between adjoining property owners ensure that adequate parking is provided. In the alternative, or in addition thereto in order to achieve the purposes of §§ 85-652 through 85-668, where deemed appropriate by the Planning Board, said Board may, in the alternative to meeting the parking requirements herein, give credit for payment in lieu of parking (PILOP) by contributing funds on a per-parking-stall basis. PILOP payments will be deposited to a designated account for use in creating parking opportunities within the area of the Montauk Highway Transitional Area Overlay District.

§ 85-660 Enhanced design standards.

For projects being developed in accordance with §§ 85-652 through 85-668, the Planning Board and Planning Commissioner or his designee shall consider architectural appearance as part of site plan review. The following shall apply to new structures, including additions to existing structures or those undergoing rehabilitation of greater than 50% of their assessed value.

Residential-style architectural elements are encouraged and include: traditional siding (brick, clapboard, shingle, board and batten of wood or wood-like synthetic materials), gables, dormers, interrupted roof lines, residential-style window treatments, shutters, front porches, chimneys, steeper roof pitch and related structural elements.

Orientation of structures should favor reduced apparent mass as viewed from the street. This could include reduced width of buildings fronting Montauk Highway as compared with depth, gabled roofs oriented with the ridge perpendicular to Montauk Highway and/or other creative elements to reduce the apparent mass.

Architectural plans, including elevation plans, proposed materials, color and related architectural information, shall be submitted in connection with site plan review. If design and material of all elements of the building comply with these guidelines, the Commissioner or his designee can approve the architectural plans in lieu of the Planning Board.

§ 85-661 Enhanced site lighting requirements.

For projects being developed in accordance with §§ 85-652 through 85-668, architectural lighting shall be recessed under roof overhangs or generated from a concealed source of low-level light fixtures.

Site lighting shall be of low intensity from a concealed source, shall be of a clear white or amber light, and shall not spill onto adjoining properties, buffers or roadways. All development plans must show the relationship of light to adjacent properties and the roadway corridor. Overhead lights shall utilize "cut off" refractors as controls.

Decorative, low-level intensity, nonconcealed-source, pole-mounted lighting that defines vehicular and/or pedestrian ways shall be acceptable for that purpose, and traditional-styling and fixtures are strongly encouraged.

No backlighting of signs is permitted.

§ 85-662 Enhanced landscape requirements.

For projects being developed in accordance with §§ 85-652 through 85-668, a landscape plan compatible with the specifications contained herein shall be submitted in conjunction with the project. Such plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular, bicycle and pedestrian movement, including parking. The location, size and description of all landscaping materials shall be indicated. Landscape plans shall be reviewed for adequate screening and buffering of residential uses.

For the Hoover Court Area, a twenty-foot landscape buffer is required from the Hoover Court right-of-way.

The following requirement shall apply:

For those preexisting nonconforming uses which contain outdoor storage areas in front yards along the corridor, an evergreen hedge or buffer of at least 42 inches in height shall be planted to shield outdoor storage areas from view to the maximum extent practicable, and must be designed so as not to impede sight distance at access points, including adjacent side streets on corner lots.

Existing "significant" trees shall be preserved where feasible. Noteworthy trees were inventoried as part of the Land Use Plan for Mastic and Shirley Phase II and a figure illustrating the location of significant trees is included in the report.

§ 85-663 Enhanced sign requirements.

Purpose and intent. The purpose and intent of this section is to: enhance the use of publicly visible displays/signs within the District; to enhance property values and the character of this arterial highway; and to protect the health, safety, and welfare of the public in use of these roadways. The regulations contained in this section are intended to provide fairness for all uses along the corridor, and permit signs to be clearly visible, while controlling sign clutter, improving the aesthetic appeal of signs, minimizing visual distractions to motorists, promoting convenience for passersby and ensuring a reasonable level of visibility for businesses along the corridor.

Standards.

All signs shall conform to the requirements of Chapter 57A, Signs, § 57A-4, of the Town Code.

Applicants for new or replacement signs in the District shall apply to the Planning Commissioner for conformance review prior to submittal for a building permit.

Individual rate signs or price signs shall be prohibited. Motor vehicle fuel and service stations shall be allowed to integrate fuel and price information into one freestanding, detached business identification sign.

Freestanding portable signs, on or off the premises, are prohibited.

Temporary signs are prohibited; however, a special permit for the use of temporary signage for a limited time period may be obtained from the Building Department as per § 57A-9, provided that certain requirements are met and arrangements are provided for removal of the signs.

Materials, colors and shapes of proposed or replacement signs shall be compatible throughout the District. Wood or wood-like signs with direct lighting shall be required throughout the District.

No new freestanding signs shall be permitted within the District. All existing legally permitted and conforming freestanding signs shall be landscaped with a clustering of plant species.

No blinking, flashing, or rotating signs shall be permitted. No wind toys or fluttering devices are permitted.

Any sign located on property that is unoccupied for a period of 60 days or more shall be deemed abandoned. The owner of the sign or the owner of the property shall remove an abandoned sign. If the owner or lessee fails to remove the sign, the Town shall give the owner 30 days' written notice to remove the abandoned sign. Upon failure to comply with this notice, the Town may initiate such action as may be necessary to gain compliance.

§ 85-664 Enhanced screening of outdoor storage.

Outdoor storage is permitted only in industrial zones, and is considered incompatible with the area located in the District. As a result, only legally preexisting, nonconforming uses with outdoor storage are recognized and shall be entitled to the statutory protection offered to such uses. Preexisting, nonconforming uses may not be expanded or modified; however, owner/operators of sites with such storage are encouraged to provide visual screening of outdoor storage from the public right-of-way, internal roadways and adjacent properties. Vegetative landscape screening may be installed without the need for full site plan review, provided landscaping is installed pursuant to a landscape plan authorized by the Commissioner. Screening which involves fencing is also encouraged, but must meet the requirements of the Building Code and Building Division.

§ 85-665 Incentive uses permitted within District.

Purpose and intent. The uses herein shall be permitted on any parcel within the defined Montauk Highway Corridor Transitional Overlay District which meets the enhanced standards set forth herein.

Development pursuant to all uses identified herein as incentive uses shall comply with the site development review standards contained in this part or except as previously and specifically addressed within §§ 85-652 through 85-668. The following uses have been determined to be low-intensity uses in terms of trip generation, etc., and appropriate uses for the form desired along the transitional area, i.e., residential in style.

Single-family and two-family dwellings.

Home office.

Office (charitable, administrative, financial, business and professional).

Art galleries, framing shop, museum or nonprofit cultural centers or artist studios.

Bank (without drive-through).

Day-care facility (including licensed day care in private homes).

Personal services, including but not limited to barbershops, beauty parlors, shoe repair shops, jewelry and watch repair, repair of musical instruments, small appliance/computer repair, tailor shops, day spa, interior design showroom, animal grooming, and business support services.

Health club.

Indoor recreation.

(10)

Churches or similar places of worship, cultural services, libraries or municipal buildings or uses.

(11)

Undertaking establishments.

(12)

Bed-and-breakfast uses which conform to the requirements of § 85-257.

(13)

Take-out restaurant (containing no more than 2,000 square feet, such as coffee shops and cafes).

(14)

Non-degree-granting instruction/programs, except those associated with manufacturing or driver training.

[Amended 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019]

(15)

Retail sales incidental to any permitted uses above.

(16)

Veterinary hospital, provided that all activities take place within the building.

[Amended 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021]

§ 85-666 Planning Board incentive special permits.

The Planning Board shall be authorized to permit, where appropriate, specific special permit incentive uses within the District; subject to the criteria as set forth in Article VIII, § 85-107, in addition to the criteria contained herein. Similar to the incentive permitted uses, the intent is to encourage, promote and provide incentives for alternative uses to general business, in a manner that establishes less intense uses and improved aesthetics between the more established hamlet centers in Shirley and Mastic. The following uses, while achieving the goals of this part, may be construed as more intense than the permitted uses, and are more appropriate as uses which require an incentive special permit from the Planning Board.

Restaurants (not including fast-food, and not involving a drive-through facility).

Paved areas, including parking and parking aisle areas, shall be screened from view, with landscaping or natural areas and/or decorative fencing to the satisfaction of the Planning Board.

The Planning Board shall approve all signs displayed. Portable or mobile signs are prohibited.

Outdoor loudspeakers shall be prohibited within 1,000 feet of a residential district.

No outdoor storage shall be permitted.

Outside display shall be prohibited.

Outdoor seating is permitted for food service purposes only.

Service areas, storage areas and refuse enclosures shall be oriented away from public view and screened from public areas.

Bank with a drive-through facility, subject to the following:

Drive-through facilities may only be located to the rear or the side of the principal building.

Rear yard drive-through facilities shall have no direct roadway access.

Side yard drive-through facilities shall have a one-way access exiting the site for only the drive-through facility.

Drive-through facilities shall not traverse through any front yard.

Queuing shall be provided pursuant to Town Code standards.

Private or public automobile parking field or garage for automobiles and commercial vehicles with a gross vehicle weight rating of less than 10,000 pounds.

All paved areas shall be screened from view, with landscaping or natural areas and/or decorative fencing to the satisfaction of the Planning Board.

There shall be no overnight storage of registered vehicles.

The Planning Board shall approve all signs displayed. Portable or mobile signs are prohibited.

No outdoor storage shall be permitted.

Cross-access to contiguous parcels shall be required.

Special consideration shall be given to areas where vehicular routes cross pedestrian circulation paths. A change in paving materials, textures or colors can be provided to emphasize the conflict point, improve visibility, enhance safety and provide added aesthetic appeal.

Mixed-use building which involves ground-floor nonresidential use as permitted herein, combined with residential use as an apartment or condominium on the second floor.

Service areas, storage areas and refuse enclosures shall be oriented away from public view and screened from public areas.

Special consideration shall be given to areas where vehicular routes cross pedestrian circulation paths. Change in paving materials, textures or colors can be provided to emphasize the conflict point, improve visibility, enhance safety and provide added aesthetic appeal.

All parking areas shall be screened from view with landscaping or natural areas and/or decorative fencing to the satisfaction of the Planning Board.

§ 85-667 Severability.

If any part or provision of §§ 85-652 through 85-668 or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be limited in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of §§ 85-652 through 85-668 or the application thereof to other persons or circumstances, and the Town Board of the Town of Brookhaven hereby declares that it would have passed §§ 85-652 through 85-668 or the remainder thereof had such invalid application or invalid provision been apparent.

§ 85-668 Authority.

The Town is vested with the authority to make these amendments pursuant to Municipal Home Rule Law § 10(1)(i) and § 10(1)(ii)(a)(14) and Statute of Local Governments § 10(6) of the State of New York. It is the intent of §§ 85-652 through 85-668 to supersede, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3), the provisions of Town Law § 261-b3(d) of Article 16 as it relates to pass-along fees.

§ 85-669 through § 85-673. (Reserved)

§ 85-674 Route 25A Hamlet Center Overlay District.

§ 85-675 Purpose, intent and objectives.

Purpose and intent.

It is the intent of §§ 85-674 through 85-687 to create and implement herein a Hamlet Center Overlay District ("the District"), consistent with the recommendations of the Route 25A Mount Sinai to Wading River Land Use Plan ("the Plan"). Sections 85-674 through 85-687 are specifically enacted to effect the District, which will cover those portions of the Route 25A Corridor lying between Mount Sinai and Wading River.

The Route 25A Hamlet Center Overlay District regulations provide for the economic well being of the Route 25A Corridor from Mount Sinai to Wading River, and provide for and promote orderly development and protection of the corridor's aesthetic and visual character within hamlet centers. These regulations are intended to supplement the regulations of the underlying zoning districts within hamlet centers and to support development which maintains the unique character of each. All development proposed within this overlay district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development or redevelopment occurs. Where there is a conflict, the standards of §§ 85-674 through 85-687 will apply.

The specific objectives of the Route 25A Hamlet Center Overlay District are to:

Support the continued economic vitality of hamlet centers in the Route 25A Corridor, including the Mount Sinai Commercial Center, Miller Place Commercial Center, Rocky Point Commercial Center, and the Shoreham Rural Center.

Prevent future commercial sprawl and ensure in-scale development by limiting the size of large-format retail establishments and restricting their location along the corridor to the Mount Sinai, Miller Place and Rocky Point Commercial Centers.

Increase pedestrian and motorist safety by promoting pedestrian-oriented facilities and traffic calming measures in corridor hamlet centers.

Strengthen hamlet center identity and attractiveness through improved corridor aesthetics, signage, streetscape, public spaces, architectural design, and landscaping.

Support existing and future business development in hamlet centers through provision of attractive, convenient, and pedestrian-friendly on- and off-street parking.

Ensure the protection of residential areas adjacent to hamlet centers through improved setbacks, additional landscaping, and improved site planning.

§ 85-676 Designation of Hamlet Center Overlay District.

The provisions contained in §§ 85-674 through 85-687 apply to all properties within the District. The parcels within the District are as follows:

Overlay District Parcels
Mount Sinai Commercial Center
Section	Block	Lot	Section	Block	Lot
139	3	9	141	1	24
139	3	10	141	1	25
139	3	11	141	1	27.1
139	5	1	141	2	1
139	5	2.1	141	2	4
139	6	1	141	2	19.1
139	6	2	162	5	1
139	6	3	162	5	3.2
139	6	4	162	5	8
139	6	5	162	5	18
139	6	6	162	5	19
139	6	7	162	5	20
140	1	33.1	162	5	21
140	1	33.2	162	5	22
140	1	35.3	162	5	23
140	3	13	162	5	24
140	3	15.1	162	5	25
140	3	16	162	5	26
140	3	17	162	5	27
140	3	18	162	5	28
140	3	20.1	162	5	29
140	3	20.2	162	5	30
140	3	21	162	5	31
140	4	2.1	162	5	32
140	4	3	163	1	1
140	4	4	163	1	2
140	4	5	163	1	3
140	4	6	163	1	4
140	4	7	163	1	5
140	4	8	163	1	6
140	4	9	163	1	7
140	4	10	163	1	8
140	4	11	163	1	9
140	4	12	163	1	10
140	4	13	163	1	11
140	4	14	163	1	12
140	4	15	163	1	13
140	4	16	163	1	14
140	4	21	163	1	15
140	4	22	163	1	16
140	4	23	163	1	17
140	4	24	163	1	18
140	4	25	163	1	19
140	4	26	163	1	20
140	4	27	163	1	21
140	4	28	163	1	22
140	4	29	163	1	23
140	5	1	163	1	24
140	5	2	163	1	25
140	5	3	163	1	26
140	5	4	163	1	27
140	5	5	163	1	28
140	5	6	163	1	29
140	5	7	163	1	30
140	5	8	163	1	31
140	5	24	163	1	32
140	5	28	163	1	33
140	5	29	163	2	1
140	5	30.1	163	2	2
140	5	30.3	163	2	3
140	5	31	163	2	4
140	5	34	163	2	5
140	5	36.1	163	2	6
140	6	5	163	2	7
140	6	9	163	2	8
140	6	11.3	163	2	9
140	6	12.2	163	2	10
140	6	13.1	163	2	11
140	6	15.1	163	2	12
140	6	16.1	163	2	13
140	6	17.1	163	2	14
140	6	18.1	163	2	15.1
140	6	19.1	163	2	15.2
140	6	24.2	163	2	16
140	6	25.2	163	2	17
140	6	37.2	163	2	18
140	6	58.1	163	2	19
140	6	59	163	2	20
140	6	60	163	2	21
140	6	61	163	2	22
140	6	62	163	2	23
140	6	63	163	2	24
140	6	69	163	2	25
141	1	1.1	163	2	26
141	1	2.1	163	2	27
141	1	3.1	163	2	28
141	1	5
141	1	7.1
141	1	22.2
141	1	23.1

Miller Place Commercial Center
Section	Block	Lot
097	2	8.1
097	2	9
097	2	11.1
097	4	2.3
097	4	8.1
098	7	6.3
098	7	9
119	1	3.1
119	3	1
119	3	20.5
119	3	20.7
119	4	1.2
119	4	1.3
119	4	1.4

Rocky Point Commercial Center
Section	Block	Lot
101	1	1.8
101	2	10
101	2	12
101	2	13
101	2	14
101	3	1
101	3	5.2
101.1	1	1
101.1	1	2
101.1	1	3
101.1	1	4
101.1	1	5
101.1	2	2.1
101.1	2	3
101.1	2	4
101.1	2	5.4
101.1	2	6
101.1	3	1.1
101.1	3	1.2
101.1	3	1.3
101.1	3	1.4
102	1	1.3
102	1	2
102	1	3.1
102	1	3.2
102	1	4
102	2	1
102	2	2
102	2	8.1
102	2	9
102	2	10
102	2	11.1

Shoreham Rural Center
Section	Block	Lot
080	4	33.1
080	4	35.2
080	4	35.8
104	2	14.4
104	2	14.5
104	2	18
104	2	19

Under existing rules and regulations, the development and redevelopment of property within the District is permitted pursuant to Chapter 85 of the Town Code or after the issuance of a variance by the Board of Zoning Appeals. With the enactment of §§ 85-674 through 85-687, it is intended to provide additional development standards on lots designated within the District.

§ 85-677 Development permitted within District.

There shall be no alteration of the existing condition of the lands, uses or structures within the District from the date of enactment of §§ 85-674 through 85-687 henceforth, except as provided for by this section or by other sections of §§ 85-674 through 85-687.

Legally existing uses shall continue and the provisions for their compliance with §§ 85-674 through 85-687 shall be incorporated into site plan review at the time of redevelopment or alteration.

§ 85-678 General procedures.

Upon receipt of an application for approval of development, redevelopment or alteration within the District, the Planning Commissioner, or his/her designee, and/or the Planning Board shall review and consider the application in the normal course of business.

§ 85-679 Site development.

Streetscape improvements. Site development should include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, landscape treatments, retaining walls, pedestrian and bicycle paths, decorative sidewalk and crosswalk treatments, bicycle parking structures, trash receptacles and enclosures, and fences. These improvements shall be designed to be consistent with all requirements herein and shall be reviewed for aesthetic functionality and compatibility with the character of the commercial business district.

Public spaces. For new development, redevelopment or major alteration of sites comprising five acres or more within the District, a public space shall be designed and incorporated into the site plan of the project. Provisions for maintenance and upkeep of the public space by the applicant and/or owner shall be provided. It is strongly urged that local community organizations and stakeholders be consulted and actively involved in the design of the proposed public space to ensure that it is in keeping with community needs and aesthetics.

§ 85-680 Dimensional criteria.

Front yard setback.

Except as otherwise provided herein, the minimum required front yard shall be five feet.

Except as otherwise provided herein, the maximum permitted front yard setback shall be 25 feet.

Rear yard setback. Large commercial retailers within the Route 25A Hamlet Center Overlay District abutting a residential district shall have a minimum rear yard setback of 150 feet.

§ 85-681 Front yard restrictions.

All parking shall be located in the rear yard area.

There shall be no parking provided in front of the building setback.

Parking lots for passenger vehicles, permitted prior to the adoption of the District, may be permitted in a required front yard, provided that said parking area is enhanced as per an approved landscape plan and provides pedestrian amenities such as street furniture and landscaping.

Loading docks and service areas shall not be permitted on the frontages.

On-street parking adjacent to the development of the site may be included in meeting the parking requirement.

§ 85-682 Access to site; parking.

There shall be no more than one access point per roadway. All excess curb cuts and points of ingress and egress onto the designated corridor shall be eliminated where possible.

During redevelopment of previously developed sites where more than one ingress and egress point exists, every effort shall be made to consolidate them into a single point of access which accommodates both ingress and egress.

Access between properties within the District shall be coordinated with adjacent properties and shall provide cross access between neighboring parcels.

A fee in lieu of required parking shall be required for improvements and maintenance of municipal parking facilities.

§ 85-683 Architectural requirements.

For new structures, including additions to existing structures and those structures undergoing rehabilitation of the frontage, design must be in conformance with the architectural guidelines of the Plan.

The Planning Board, as part of its site plan review, may require additional architectural elements, such as front porches, decorative shutters, awnings, and display windows. The design of all elements of the building and the materials utilized shall be subject to Planning Board or the Commissioner's approval during site plan review.

§ 85-684 Site lighting requirements.

Architectural lighting shall be recessed under roof overhangs or generated from a concealed source of low-level light fixtures.

Site lighting shall be of low-intensity from a concealed source, shall be of a clear white or amber light and shall not spill onto adjoining properties, buffers or roadways. All development plans must show the relationship of light to the roadway corridor. Overhead lights shall utilize "cut off" refractors as controls.

Decorative, low-level intensity, nonconcealed source lighting that defines vehicular and/or pedestrian ways shall be acceptable for that purpose.

§ 85-685 Landscaping requirements.

A landscape plan shall be submitted in conjunction with the development, redevelopment or alteration of parcels within the District and demonstrate compliance with the recommendations contained within the adopted Plan.

The landscape plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular, bicycle and pedestrian movement, including parking. The location, size and description of all landscaping materials shall be indicated. Only native species in accordance with 85 Attachment 7, Figure 5-2, shall be utilized.[1]

Editor's Note: Attachment 7 is included as an attachment to this chapter.

For properties located adjacent to Route 25A and/or Town and county roadways, one street tree shall be provided every 30 feet, and a vegetated buffer shall be provided between the roadway(s) and the sidewalk(s) along the perimeter of the frontage(s).

For large commercial retailers within the Route 25A Hamlet Center Overlay District on parcels not vegetated or largely devoid of vegetation, a minimum of 100 feet of the one-hundred-fifty-foot required setback shall be revegetated in a manner prescribed by the Town Code and detailed in a vegetation plan.

§ 85-686 Outdoor storage.

Outdoor storage shall be permitted if permitted in the underlying zoning district.

If permitted, all outdoor storage areas shall be visually screened from public view, internal roadways and adjacent property(ies). All screening shall be of sufficient height to screen storage areas from view and shall be landscaped. Outdoor storage, for the purposes of this section, shall include the parking of all company-owned and -operated vehicles, with the exception of passenger vehicles.

§ 85-687 General severability.

If any clause, sentence, paragraph, section or item of §§ 85-674 through 85-687 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.

§ 85-688 Route 25A Transition Overlay District.

§ 85-689 Purpose, intent and objectives.

Purpose and intent.

It is the intent of §§ 85-688 through 85-702 to create and implement herein a Route 25A Transition Overlay District ("the District"), consistent with the recommendations of the Route 25A Mount Sinai to Wading River Land Use Plan ("the Plan"). This legislation is specifically enacted to effect the District, which will cover those portions of the Route 25A Corridor lying between Mount Sinai and Wading River.

The Route 25A Transition Overlay District is intended to provide for the economic well-being of the Route 25A Corridor from Mount Sinai to Wading River, and to provide for and promote orderly development and protection of the corridor's aesthetic and visual character in the areas between hamlet centers. The Route 25A Transition Overlay District regulations are intended to supplement the regulations of the underlying zoning districts within transition areas between hamlet centers and to support development which maintains the character of each transition area. All development proposed within this overlay district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development or redevelopment occurs. Where there is a conflict, the standards of §§ 85-688 through 85-702 will apply.

The specific objectives of the Route 25A Transition Overlay District are to:

Support the continued economic vitality of transition areas between hamlet centers, including the following transition areas: Mount Sinai to Miller Place transition; Miller Place to Rocky Point transition; Rocky Point to Rocky Point Main Street transition; Rocky Point Main Street to Shoreham Rural Center transition; Shoreham Rural Center to Wading River transition (Town line).

Protect transition areas and contiguous residential districts from future suburban sprawl and the incursion of out-of-scale, large-format commercial development and redevelopment.

Preserve the rural nature and character of the Rocky Point Main Street to Rural Shoreham Center transition and the Shoreham Rural Center to Wading River transition areas.

Preserve the less intensive nature and character of existing uses in transition areas.

Improve the aesthetic and visual character of transition areas through consistent setbacks, uniform sign criteria, and improved landscaping and architectural design.

Facilitate the free flow of traffic and reduction of traffic accidents in transition areas through elimination of excess curb cuts and improved cross access among contiguous commercial properties.

§ 85-690 Designation of Route 25A Transition Overlay District.

[Amended 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

The provisions contained in §§ 85-688 through 85-702 apply to all properties within the District. The parcels within the District are as follows:

Mount Sinai Transition Overlay District
Section	Block	Lot
117	1	4.3
117	1	4.4
117	1	5.1
117	1	7.1
117	4	15
117	5	2.1
117	5	2.2
117	5	3
117	6	1.3
117	6	2
117	8	2.1
118	1	44.1
118	1	46.1
118	1	47
118	1	48
118	2	2
118	2	3.1
118	2	4
118	4	1
118	4	34
118	4	35
141	2	14.2

Miller Place Transition Overlay District
Section	Block	Lot
098	7	4
098	7	8.1
098	7	15
098	7	16
098	7	22.1
098	7	23.2
098	7	23.3
098	8	16.1
098	8	22.3
098	8	23
098	8	26.1
098	8	27.1
098	8	36.2
098	8	36.3
098	9	1.2
098	9	1.7
098	9	1.8
098	9	3
098	9	5
098	9	6
098	9	7
098	9	19
099	2	6.2
099	2	6.3
099	2	7
099	2	8
099	2	9
099	2	10
099	2	8
099	3	9
099	3	10
099	3	29
099	3	31.1
099	4	12.3
099	4	14
099	4	15
099	4	16
099	4	18.4
099	5	3
099	5	4
099	5	6.1
099	5	7.1
099	5	8.1
099	5	17
099	5	18
099	5	23.1
099	5	24
099	7	23.2
099	7	23.3
099	8	1
099	8	2
099	8	24.1
099	8	36.2
099	8	36.5
099	8	43
099	9	1.5
099	9	p/o 5.3
099	9	14
099	9	15
099	9	16
099	9	18
099	9	19
100	1	2.2
118	5	1.3

Rocky Point Transition Overlay District
Section	Block	Lot
074	7	10
076	7	2
076	7	3.28
076	7	3.3
076	7	4
077	8	2.2
077	8	2.3
077	8	3
077	8	4
077	8	5
077	9	1
077	9	2
077	9	3
077	9	4
077	9	5
077	9	6
077	10	2.1
077	12	1
078	5	19
078	5	20
078	5	21
078	5	23
078	5	24
078	5	25.1
078	5	25.2
078	5	26
078	5	27
078	5	28
078	5	39
078	5	40.1
078	5	40.2
078	5	41
078	6	6
078	6	7
078	6	10
078	6	11
078	6	12.3
078	6	12.4
078	6	p/o 13
078	6	33.1
078	6	44
078	6	45
078	6	46.1
078	7	3
078	7	8
078	7	18
078	7	19
078	7	20
078	7	21
078	7	35
078	7	36
078	7	37
078	9	1
078	9	2
078	9	3
078	9	4
078	9	5
078	10	1
078	10	2
078	10	4.1
078	11	1
078	11	2.7
078	11	2.8
078	11	3.4
079	5	20.2
079	5	21
079	5	22
100	1	3.14
100	1	3.2
100	1	3.6
100	1	4
100	1	9
100	2	15
100	2	19
100	2	21.1
100	2	22
100	2	23
100	2	24
100	2	25
100	4	1
101	1	p/o 1.10
101	1	1.11
101	1	4.3
102	1	5
102	3	1.2
102	4	1.2
102	4	1.3
102	4	2
102	4	3.2
102	4	3.3
102	4	3.8
102	4	3.9
102	4	4
079	3	13.3
079	3	14.2
079	3	23.3
079	3	23.4
079	3	23.5
079	3	23.6
079	3	27
079	3	28
079	3	40
079	3	46
079	4	1
079	4	2
079	4	3
079	4	4
079	4	5
079	6	8
080	4	31
080	4	43.1
080	4	43.2
080	4	44
080	4	45.1
080	4	45.2
080	4	46
104	2	21.2
104	2	22.1

§ 85-691 Development permitted within District; standards.

There shall be no alteration of the existing condition of the lands, uses or structures within the Route 25A Overlay District from the date of enactment of §§ 85-688 through 85-702 henceforth, except as provided for by this section or by other sections of §§ 85-688 through 85-702.

Legally existing uses shall continue and the provisions for their compliance with §§ 85-688 through 85-702 shall be incorporated into site plan review at time of redevelopment or alteration.

§ 85-692 General procedures.

Upon receipt of an application for development, redevelopment or alteration within the District, the Planning Commissioner, or his/her designee, shall review and consider the proposed development.

There shall be no alteration of the existing condition of the lands, uses or structures within the District from the date of enactment of §§ 85-688 through 85-702 henceforth, except as provided for by this section or by other sections of §§ 85-688 through 85-702.

Legally existing uses shall continue and the provisions for their compliance with §§ 85-688 through 85-702 shall be incorporated into site plan review at the time of redevelopment or alteration.

§ 85-693 Permitted uses.

All permitted uses, accessory uses and special permitted uses within the underlying zoning district shall be permitted, except large commercial retailers and large commercial retailers within the Route 25A Hamlet Center Overlay District are not permitted within the District.

§ 85-694 Site development guidelines.

Purpose and intent. In order to assure the goals of §§ 85-688 through 85-702 are met and to reduce incompatible and adverse impacts on the visual experience along the corridor, the following guidelines, together with the Town's J Business District Design Manual, shall be incorporated into project design.

§ 85-695 Dimensional criteria.

Minimum front yard setback.

Except as otherwise provided herein, the minimum required front yard setback for parcels abutting Route 25A shall be 40 feet for structures, parking and vehicle movement.

Previously developed lots may seek relief from this section if all other landscape and buffer requirements are met to the satisfaction of the Planning Commissioner or his/her designee and/or Planning Board.

§ 85-696 Front yard parking restricted.

Single-family and two-family residences shall be exempt from the provisions of this section.

All parking shall be located in the rear yard area.

There shall be no parking provided in front of the actual building setback.

Parking lots for passenger vehicles, permitted prior to the adoption of the District, may be permitted in a required front yard, provided that the parking area is located to the rear of a twenty-foot landscaped buffer area.

§ 85-697 Access to site; parking.

There shall be no more than one access point per roadway. All excess curb cuts and points of ingress and egress onto the designated corridor shall be eliminated where possible.

Access between properties within the District shall be coordinated with adjacent properties and shall provide cross access between neighboring parcels.

§ 85-698 Architectural requirements.

The Planning Board, as part of its site plan review, may require additional architectural elements, such as front porches, decorative shutters, awnings, and display windows.

§ 85-699 Site lighting requirements.

Architectural lighting shall be recessed under roof overhangs or generated from a concealed source of low-level light fixtures.

Decorative, low-level intensity, nonconcealed source lighting that defines vehicular and/or pedestrian ways shall be acceptable for that purpose.

§ 85-700 Landscape requirements.

A landscape plan shall be submitted in conjunction with the development, redevelopment or alteration of parcels within the District that is compatible with the recommendations contained within the adopted Land Use Plan.

Editor's Note: Attachment 7 is included as an attachment to this chapter.

One street tree shall be located every 30 feet along properties that are adjacent to the corridors. In addition, if a previously approved parking lot fronts along a designated corridor, and a twenty-foot-wide buffer cannot be provided as determined by the Planning Board, then an evergreen hedge will be planted and maintained along the frontage. The hedge should reach 24 inches in height at maturity and be continuous.

§ 85-701 Outdoor storage.

Outdoor storage shall be permitted if permitted in the underlying zoning district.

§ 85-702 General severability.

If any clause, sentence, paragraph, section or item of §§ 85-688 through 85-702 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.

§ 85-703 Planned Conservation Overlay District.

§ 85-704 Purpose, intent and objectives.

Purpose and intent.

It is the intent of §§ 85-703 through 85-712 to create and implement herein a Route 25A Planned Conservation Overlay District ("the District"), consistent with the recommendations of the Route 25A Mount Sinai to Wading River Land Use Plan ("the Plan"). Sections 85-703 through 85-712 are specifically enacted to effect the District, which will cover those portions of the Route 25A Corridor lying between Mount Sinai and Wading River.

The District regulations are intended to supplement the regulations of the underlying zoning district(s) along the corridor and to support development which preserves large portions of existing open space vacant contiguous non-singly and separately owned parcels of at least 35 acres, maintain scenic vistas, and retain the rural nature and character of the corridor. Additionally, the District will preserve the rural farming heritage, scenic vistas and recreational resources of the Route 25A Corridor from Mount Sinai to Wading River, and promote orderly, conservation development which meets the needs of a changing housing market and lessens negative tax impacts to special districts, including school districts.

All development proposed within this overlay district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development or redevelopment occurs. Where there is a conflict, the standards of §§ 85-703 through 85-712 will apply.

In particular, the purpose of the Route 25A Planned Conservation Overlay District is to:

Provide a mechanism for the as-of-right residential development of vacant contiguous non-singly and separately owned parcels of at least 35 acres which has fewer environmental, quality-of-life, and tax impacts to residents than traditional subdivision techniques.

Encourage responsible conservation subdivision of remaining farmland and open spaces of at least 35 acres which preserves a large proportion of open space and scenic vistas in perpetuity.

Prevent future residential sprawl utilizing traditional subdivision techniques which are likely to consume all remaining farmland, open spaces, and scenic vistas along the corridor, destroy critical habitat, and negatively impact the nature and quality of life of corridor residents.

Provide a mechanism to develop or redevelop residential vacant contiguous non-singly and separately owned parcels of at least 35 acres which preserves soil integrity and promotes alternative energy such as solar farms.

Provide increased housing choices to corridor and Town residents who may require more compact housing options which meet the needs of smaller families and single persons living alone, in conformity with the Suffolk County and Town of Brookhaven Comprehensive Plans.

Prevent unpredictable and harmful property tax impacts associated with traditional subdivision techniques, and encourage more planned tax impacts associated with conservation subdivisions.

§ 85-705 Designation of District.

The Route 25A Planned Conservation Overlay District floats over the entire Route 25A corridor study area within the Plan and applies to all undeveloped vacant contiguous non-singly and separately owned parcels and recreational vacant contiguous non-singly and separately owned parcels of at least 35 acres.

§ 85-706 Development permitted within District.

There shall be no alteration of the existing condition of the lands, uses or structures within the Route 25A Planned Conservation Overlay District from the date of enactment of §§ 85-703 through 85-712 henceforth, except as provided for by this section or by other sections of §§ 85-703 through 85-712.

Legally existing uses shall continue and the provisions for their compliance with §§ 85-703 through 85-712 shall be incorporated into site plan or subdivision review at the time of redevelopment or alteration.

§ 85-707 Permitted uses.

All uses and special permitted uses permitted in the underlying zoning district will continue to be permitted.

Special permit uses:

Solar energy production facility.

§ 85-708 Planning Board special permits.

The following special permit uses, when authorized by the Planning Board, shall be subject to the criteria as set forth in Article VI, § 85-67, in addition to the criteria contained herein:

Solar energy production facility.

§ 85-709 Special permit criteria.

In addition to the criteria set forth within Article VIII, § 85-107, the following special permit criteria shall be required for the uses so indicated:

Solar energy production facility.

Shall be permitted only on those lands previously cleared prior to the enactment of §§ 85-703 through 85-712 and for those lands currently used for agricultural purposes as defined in this chapter.

There shall be no additional clearing of large trees six inches in diameter or greater.

The minimum lot area for a solar energy production facility shall be 20 acres.

The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 10 feet in height above the ground.

The total coverage of a lot with freestanding solar panels cannot exceed the greater of 53% lot coverage.

A minimum setback for a solar energy production facility and equipment used in conjunction with the solar farm shall be located at least 100 feet from any residential dwelling or zone other than a dwelling owned by the owner of the land on which the solar farm is located.

Ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant natural vegetation.

A sign not to exceed 2.25 square feet shall be attached to a fence adjacent to the main access gate and shall list the facility name, owner and phone number.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(10)

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

(11)

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(12)

(13)

The proposed solar energy production facilities shall not be located adjacent to, or within, the control zone of any airport.

(14)

All mechanical equipment of the principal solar energy production facility, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate, and provided with landscape screening in accordance with the landscaping provisions of this chapter.

(15)

A solar farm connected to the utility grid shall provide a "proof of concept letter" from the local utility company acknowledging that the solar farm will be interconnected to the utility grid in order to sell electricity to the public utility entity.

All applications for a solar energy production facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the solar energy production facility or structure. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost, as determined by the Town Engineer, to ensure removal of the facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Town Engineer and Town Attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a solar energy production facility or structure, a demolition permit for removal activities shall be obtained from the Town of Brookhaven.

If the applicant ceases operation of the solar energy production facility or structure for a period of 18 months, or begins but does not complete construction of the project within 18 months after receiving final site plan approval, the applicant will submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:

Removal of aboveground and belowground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

The plan shall include a time frame for the completion of site restoration work.

In the event that construction of the solar energy production facility or structure has been started but is not completed and functioning within 18 months of the issuance of the final site plan, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.

Upon cessation of activity of a fully constructed solar energy production facility or structure for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity, or implement the decommissioning plan.

If the owner and/or operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period and restore the site as required, the Town may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.

§ 85-710 Site development.

A minimum of 70% open space or continued agricultural use must be preserved with development restricted to the remaining 30% of applicable property(ies). Open space/agriculture shall be preserved in such a way as to ensure that it is continuous and uninterrupted. Location of the open space or agriculture use shall also take into account features of the subject parcel and adjacent parcels such as:

Environmentally unique or sensitive features, including but not limited to fresh or salt water wetlands, scenic views, forests, ponds, rivers or streams, steep slopes, topography or other natural features.

Historic sites and/or structures of significance.

Significant archeological field(s).

Scenic views and vistas.

Reconfiguration of old, filed subdivision maps, based on single and separate lots.

A landscaped setback of 50 feet is required from surrounding residential uses.

A landscaped setback of 100 feet is required from surrounding commercial uses.

§ 85-711 Design standards.

Development within the Planned Conservation District shall preserve scenic vistas to the maximum extent possible. Scenic vistas are defined as a scenic or panoramic view observed by pedestrians or motorists traveling on Route 25A.

Newly constructed street grids must be connected to existing, contiguous street grids.

In the event attached townhouses are proposed, same should be designed in such a way as to present a single-family architectural style facing the street frontages.

§ 85-712 General severability.

If any clause, sentence, paragraph, section or item of §§ 85-703 through 85-712 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

§ 85-713 East Patchogue Incentive Overlay District.

[Added 3-12-2020 by L.L. No. 4-2020, effective 3-19-2020]

Purpose and intent. It is the intent of this legislation to implement herein an East Patchogue Incentive Overlay District ("the District"), consistent with the recommendations of the "Revitalization Plan of the Montauk Highway Corridor, East Patchogue (2010)" ("the Plan"). This legislation is specifically enacted to affect the District which will cover those portions of the Montauk Highway Corridor lying between Route 112 and Washington Avenue. The East Patchogue Incentive Overlay District is intended to provide for the economic well-being of Montauk Highway from New York State Route 112 easterly to Washington Avenue on the north side and Conklin Avenue on the side, and to provide for and promote orderly development and protection of the corridor's aesthetic and visual character. The East Patchogue Incentive Overlay District regulations are intended to supplement the regulations of the underlying J Business 6 Zoning District within the boundaries outlined and to support development which maintains the character of the area. All development proposed within this overlay district, if determined to be eligible, shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the J Business 6 Zoning District. Where there is a conflict, the standards of this section will apply. The specific objectives of the East Patchogue Incentive Overlay District are to:

Support the continued economic vitality of the East Patchogue Montauk Highway Corridor from Route 112 to Washington Avenue.

Require community benefits as mitigation measures for greater residential density.

Protect the area and contiguous residential districts from the incursion of commercial build out which creates and encourages commercial sprawl development and redevelopment.

Preserve the historical and community character within the District.

Allow for greater residential density to better balance the transition from the commercial district and the adjoining residential areas.

Improve the aesthetic and visual character of the District through consistent setbacks, uniform sign criteria, enhanced landscaping and architectural design.

To supplement J Business 6 zoning regulations by providing greater residential development opportunities with existing commercial uses.

To maintain community character as it promotes orderly, concise development which meets the needs of a changing housing market and lessens negative impacts to and from commercial sprawl.

Designation of East Patchogue Incentive Overlay District.

The provisions contained in Town Code §§ 85-713 through 85-717 shall apply to all properties within the District. The parcels within the District and zones within the District for said parcels are designated as follows:

Zone	Section	Block	Lot
A	97750	0200	35000
A	97750	0200	34000
A	97750	200	33000
A	97750	200	32000
A	97750	200	31002
A	97750	200	31001
A	97750	200	30000
A	97750	200	28000
A	97750	200	27000
A	97750	200	26000
A	97750	200	25000
A	97750	200	23000
A	97750	200	17000
A	97750	200	22000
A	97750	200	21000
A	97750	200	20000
A	97750	200	18000
A	97750	300	1000
A	97750	300	2000
A	97750	300	3000
A	97750	300	6000
A	97750	300	7000
A	97750	300	9000
A	97750	300	10000
A	97750	300	11000
A	97750	300	12000
A	97750	300	13000
A	97750	300	14000
A	97750	300	15000
A	97750	300	16000
A	97750	300	17000
A	97750	300	8000

Zone	Section	Block	Lot
B	97750	400	20000
B	97750	400	26000
B	97750	400	27000
B	97750	400	42000
B	97750	400	39000
B	97750	400	28000
B	97750	400	41000
B	97750	400	40000
B	97750	400	38000
B	97750	400	43000
B	97750	600	27000
B	97750	600	1000
B	97750	600	4002
B	97750	600	26001
B	97750	600	5002
B	97750	600	5001
B	97750	500	15004
B	97750	500	16000
B	97750	500	18000
B	97750	500	17000
B	97750	500	19000
B	97750	500	20000
B	97760	100	13000
B	97750	600	6002
B	97750	600	6001
B	97750	600	9000
B	97750	600	7000
B	97750	600	8000
B	97760	400	1000
B	97760	400	2000
B	97760	400	3000
B	97760	400	22000

Uses permitted in the underlying zoning without the incentives contained herein will continue to be permitted. With the enactment of §§ 85-713 through 85-717, and through the use of this overlay district, uses identified in the Plan will now be permitted in the District. This will allow for expanded development opportunities for the District parcel owners by providing development incentives set forth below.

§ 85-714 General procedures.

[Added 3-12-2020 by L.L. No. 4-2020, effective 3-19-2020]

The Planning Board is hereby authorized to determine the eligibility of an application to receive zoning incentives. Such eligibility shall be determined upon the application's compliance with the standards set forth in Town Code §§ 85-713 through 85-717.

Upon receipt of an application for development, redevelopment or alteration within the District, the Planning Board shall review and consider the proposed development.

The applicant(s)/owner(s) shall submit, at the time of site plan submission, the following information to enable the Planning Board to determine eligibility for the zoning incentive:

Summary of development project.

List of proposed uses and units per acre.

The requested incentive(s).

Summary describing the community benefits mitigation measures to be provided by the project, including the community benefits mitigation fee, the economic value of the proposed civic/park space and downtown infrastructure improvements and the economic value of same to the public.

Documentation to demonstrate that adequate facilities exist for the additional demand generated by the proposed zoning incentive, including but not limited to sewer capacity.

Documentation of the value of transferred lands in lieu of community benefits mitigation fees, if applicable.

Any additional information as may be required by the Planning Board.

§ 85-715 Zoning incentives and community benefits mitigation.

[Added 3-12-2020 by L.L. No. 4-2020, effective 3-19-2020]

The Planning Board is hereby authorized to grant the following zoning incentives:

Multiple-family residences limited to three stories in Zone A.

Multiple-family residences limited to two stories in Zone B.

Increased J Business 6 residential density from six units per acre to:

Zone A: 25 residential units per acre.

Zone B: 20 residential units per acre.

Community benefits mitigation. In the event the Planning Board determines an application meets the eligibility requirements for a zoning incentive, the submission of community benefits mitigation in accordance with the following shall be required:

Community benefits mitigation fees, in the amount of $8,500 per multiple-family residence unit. Same shall be paid at the time of site plan sign-off.

The transfer of an equal value of land to the Town of Brookhaven in lieu of the fee contained in Subsection B(1) above. It shall be the Planning Board's discretion whether to accept the proposed land in lieu of the fee. The land shall be transferred to the Town of Brookhaven prior to site plan sign-off.

Civic/Park space shall be required and provided as part of any and all site plans. The civic/park space incentives approved by the Planning Board shall include those types of parks and open space as set forth in the Main Street Business District Design Manual. The civic/park space shall be incorporated to the site plan and shall be installed pursuant to the site plan approval.

Downtown infrastructure improvements in the form of street furniture, lighting, pavers, plazas and related public amenities, which exceed the minimum Town requirements. Said improvements shall be incorporated to the site plan and shall be installed pursuant to the site plan approval.

§ 85-716 Criteria.

[Added 3-12-2020 by L.L. No. 4-2020, effective 3-19-2020; amended 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021]

The Planning Board is hereby authorized to grant zoning incentives upon the application's compliance with the standards set forth below:

Dimensional criteria.

Minimum of two contiguous or cumulative acres in common ownership or control.

No more than 60% FAR.

Maximum permitted building height in Zone A shall be three stories and Zone B shall be two stories.

Parking requirement shall be 1.5 spaces per residential unit in Zone A and two spaces in Zone B.

Stormwater drainage requirement shall be a minimum two inches in drainage pools and three inches in ponding.

Front, rear and side yard setbacks shall be a minimum distance of five feet.

Additional requirements.

Affordable housing shall be provided pursuant to Town Code § 85- 743.

Connection to a sewage treatment plant with capacity to meet on- site project demand.

Architectural review and approval by the Planning Board.

Conformance with all other existing J Business 6 criteria.

Conformance with the Town's J Business 6 Design Manual and architectural guidelines of the Plan.

There shall be no more than one access point per roadway. All excess curb cuts and points of ingress and egress onto the designated corridor shall be eliminated where possible.

(h)

Access between properties within the District shall be coordinated with adjacent properties and shall provide cross access between neighboring parcels.

Landscaping requirements.

A landscape plan shall be submitted in conjunction with the development, redevelopment or alteration of parcels within the District.

Additional architectural and planning considerations. The Planning Board shall consider the following items in determining eligibility for zoning incentives:

Cross access between properties.

The provision for mixed use along the corridor.

The incorporation of sidewalk-oriented buildings.

Delineation of the boundary between commercial uses and the residentially zoned or used parcels.

Where the proposed application enables incremental development.

Uniform front yard setbacks.

Relocation and placement of parking behind uses and/or buildings.

Where a conflict exists between the underlying zoning, Town Code § 85-843 and the provisions of Town Code §§ 85-713 and 85-717, the provisions of Town Code §§ 85-713 and 85-717 shall apply.

§ 85-717 General severability.

[Added 3-12-2020 by L.L. No. 4-2020, effective 3-19-2020]

If any clause, sentence, paragraph, section or item of §§ 85-13 through 85-17 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.

§ 85-718 Central Pine Barrens District.

§ 85-719 Intent.

Purpose.

It is hereby found and determined by the Town Board of the Town of Brookhaven that §§ 85-718 through 85-726 are enacted pursuant to Article 57 of the State Environmental Conservation Law, the "Long Island Pine Barrens Protection Act" ("the Act"), which requires that each local government with land use jurisdiction over lands within the Central Pine Barrens area enact land use regulations which conform to the Central Pine Barrens Comprehensive Land Use Plan. As required by the Act, the Central Pine Barrens Comprehensive Land Use Plan provides for: the preservation and protection of the Long Island Peconic Bay System (the largest single source of groundwater in New York State); the preservation and protection of endangered and threatened plants and animals; and the protection of the unique natural resources and ecosystems of the Pine Barrens-Peconic Bay System.

Sections 85-718 through 85-726 are promulgated in accordance with the mandates of Article 57 of the Environmental Conservation Law with the express intent of providing planning mechanisms which permit conformance with the Central Pine Barrens Comprehensive Land Use Plan; implementing the objectives of the Central Pine Barrens Comprehensive Land Use Plan through the redirection of development from the Core Preservation Area to eligible areas and by the establishment of reasonable and appropriate patterns of development in the Compatible Growth Area. Sections 85-718 through 85-726 are further intended to meet the goals of the Central Pine Barrens Comprehensive Land Use Plan whereby appropriate patterns of compatible residential, commercial, agricultural and industrial development are encouraged in order to accommodate regional growth influences in an orderly way while protecting the Pine Barrens environment from individual and cumulative adverse impacts and to promote development which is compact, efficient and orderly, and reasonably calculated to protect the quality and quantity of surface water, groundwater and the short-term and long-term integrity of the Pine Barrens ecosystem(s).

By §§ 85-718 through 85-726, it is this Town Board's express intent to develop and employ creative planning techniques to implement the objectives of the Pine Barrens Credit Program, by and through the use of Residential Overlay Districts, Planned Development Districts and incentive zoning in order to ensure the preservation of the Core Preservation Area while concomitantly avoiding significant adverse environmental or economic impacts to non-Core area(s) throughout the Town. Further, it is this Board's intent to provide for effective environmental review of development proposals as appropriate; to avoid redundancy and duplication in reporting and project review requirements; and to avoid unwarranted delay in the review of development proposals by streamlining review procedures and establishing standards for development consistent with the Central Pine Barrens Comprehensive Land Use Plan.

To the extent that §§ 85-718 through 85-726 herein are inconsistent with Article 16 of Town Law §§ 261-a, 261-b, 267, 267-b, 274-a, 276, 277(6) and 278, §§ 85-718 through 85-726 are hereby intended to amend and supersede said provisions in furtherance of the goals and objectives set forth herein and which are consistent with the Central Pine Barrens Comprehensive Land Use Plan duly adopted in accordance with the provisions of Article 57 of the Environmental Conservation Law.

In order to redirect development from lands located within the Core Preservation Area to receiving districts, §§ 85-718 through 85-726 provide for two basic approaches:

The recognition and use of Pine Barrens credits for the transfer of development rights through the use of the residential zoning category created herein and known as the "Residential Overlay District (ROD)," which provides for the transfer of development rights from lands located in the Core Preservation Area to lands located outside the Core Area and in the A Residential 1 Zoning District and A Residential 2 Zoning District, with an increase in density; and

The employment of innovative planning techniques, including, but not limited to, the use of Planned Development Districts (PDDs) and incentive zoning.

The Planned Development District (PDD), as set forth in this chapter, is a floating zoning district classification specifically designed as a mechanism or tool to allow for the unified and coordinated development of lands, utilizing the transfer of development rights from the Core Preservation Area to receiving districts, and which provides for zoning incentives in order to achieve special public benefits flexible design features.

The PDD zoning mechanism is intended and designed to facilitate the transfer of Pine Barren credits from the Core Preservation Area to sites in the receiving districts which are capable of accommodating increased intensity of development and increased density of development.

Goals and objectives.

The Central Pine Barrens Comprehensive Land Use Plan sets forth numerous goals for the Central Pine Barrens in accordance with the Long Island Pine Barrens Protection Act, including:

Protect, preserve and enhance the functional integrity of the Pine Barrens ecosystem and the significant natural resources, including plant and animal populations and communities thereof;

Protect the quality of surface water and groundwater;

Discourage piecemeal and scattered development;

Promote active and passive recreational and environmental education uses that are consistent with the land use plan; and

Accommodate development, in a manner consistent with the long-term integrity of the Pine Barrens ecosystem and to ensure that the pattern of development is compact, efficient and orderly.

The Central Pine Barrens Comprehensive Land Use Plan sets forth goals for the Core Preservation Area, including:

Preserving the Pine Barrens area in its natural state, thereby ensuring the continuation of Pine Barrens environments which contain the unique and significant ecologic, hydrogeological and other resources representative of such environments;

Promoting compatible agricultural, horticultural and open space recreational uses within the framework of maintaining a Pine Barrens environment and minimizing the impact of such activities therein;

Prohibiting or redirecting new construction or development;

Accommodating specific Pine Barrens management practices;

Protecting and preserving the quality of surface waters and groundwaters; and

Coordinating and providing for the acquisition of private land interests as appropriate and consistent with available funds.

The Central Pine Barrens Comprehensive Land Use Plan goals for the Compatible Growth Area are as follows:

Preserve and maintain the essential character of the existing Pine Barrens environment, including plant and animal species indigenous thereto and habitats thereof;

Protect the quality of surface water and groundwater;

Discourage piecemeal and scattered development;

Encourage appropriate patterns of compatible residential, commercial, agricultural and industrial development in order to accommodate regional growth influences in an orderly way while protecting the Pine Barrens environment from the individual and cumulative adverse impacts thereof;

Accommodate a portion of development redirected from the preservation area. Such development may be redirected across municipal boundaries; and

Allow appropriate growth consistent with the natural resource goals pursuant to the Plan.

An essential component of the Central Pine Barrens Comprehensive Land Use Plan, in the fulfillment and satisfaction of these goals and objectives, is the acquisition and conservation of undeveloped lands within the Core Preservation Area which all contribute to the protection and preservation of the ecologic and hydrologic functions of the Central Pine Barrens Area. In order to satisfy these goals, various planning tools, mechanisms and standards are created and established by §§ 85-718 through 85-726 in order to promote development which is environmentally sensitive, compact, efficient and orderly, and reasonably calculated to protect the quality and quantity of surface water and groundwater and the short-term and long-term integrity of the Pine Barrens ecosystems.

§ 85-720 Nondevelopment; development.

Nondevelopment.

For the purposes of §§ 85-718 through 85-726, any uses or activities which constitute nondevelopment are not subject to the provisions of §§ 85-718 through 85-726 or compliance with the standards and guidelines set forth herein. Without limitation, the following activities or uses constitute nondevelopment for the purposes of §§ 85-718 through 85-726:

Public improvements undertaken for the health, safety or welfare of the public. Such public improvements shall be consistent with the goals and objectives of the Long Island Pine Barrens Protection Act (ECL Article 57), and shall include, but not be limited to, maintenance of an existing road or railroad track;

Improvements and/or work by any utility not involving substantial engineering redesign for the purpose of inspection, maintenance or renewal on established utility rights-of-way or the like, and any work pertaining to water supply for the residents of the Town;

Without limitation, the maintenance, renewal, replacement, reconstruction, improvement, or alteration of any existing structure or additions to an existing residence or residential property owned by an association formed for the common interest in real property;

The use of any structure or land devoted to dwelling uses for any purposes customarily incidental and otherwise lawful;

The use of any land for agriculture or horticulture so long as such use does not effectuate any material alteration of native vegetation;

Improvements, maintenance or other work by a utility undertaken in the interest of public health, safety, or welfare so long as consistent with the goals and objectives of the Long Island Pine Barrens Protection Act (ECL Article 57);

Existing or expanded recreational use consistent with the purpose of §§ 85-718 through 85-726, including scouting activities, the maintenance or expansion of facilities associated with or necessary for such scouting activities, including, but not limited to, the addition, modification, expansion or replacement of structures necessary for such activities and such clearing as may be reasonably required for the maintenance or expansion of scouting activities;

(h)

A change in use of land or structure from a use within a class specified in §§ 85-718 through 85-726 to another use in the same class;

(i)

Residential development on any subdivision, residential cluster development, land division or site plan which has received preliminary or final approval on or before June 1, 1993, provided the lots to be built upon conform to the lot area requirements of the current zoning, are subject to the three-year exemption contained in § 265-a of Town Law, or are subject to an exemption from an upzoning adopted by the Town Board;

(j)

In the Compatible Growth Area, construction of single-family homes and customary accessory uses thereto on any lot held on June 1, 1993, in ownership singly and separately from adjacent lots;

(k)

In the Compatible Growth Area, continuation of existing nonconforming uses, and activities permitted by special permit or special exception, including renewals of said special permits or special exceptions;

(l)

In the Compatible Growth Area, land divisions or subdivisions in the Compatible Growth Area consisting of five or fewer residential lots which conform to the lot area requirements of the existing zoning for the subject parcel; or

(m)

In the Compatible Growth Area: renovations, reconstruction, additions or extensions to existing commercial or industrial uses, provided the addition or extension conforms to the uses permitted in the zoning district in which said parcel is located and which does not increase existing square footage by more than 25%.

Development.

For the purposes of §§ 85-718 through 85-726, "development" shall mean the performance of any building activity or mining operation, the making of any material change in the use or intensity of use of any structure or land and the creation or termination of rights of access or riparian rights; without limitation, the following activities or uses shall be construed as development:

A change in type of use of a structure or land or, if the ordinance or rule divides uses into classes, a change from one class of use designated in an ordinance or rule to a use in another class so designated.

A material increase in the intensity of use of land or environmental impacts as a result thereof.

Commencement of mining, excavation or material alteration of grade or vegetation on a parcel of land, excluding environmental restoration activities.

Material alteration of a shore, bank or floodplain of a river, stream, lake, pond, or artificial body of water.

Re-establishment of a use which has been abandoned for one year.

Departure from the normal use for which development permission has been granted, or material failure to comply with the conditions of an ordinance, rule or order granting the development permission under which the development was commenced or is continued.

All other development customarily permitted under this chapter unless otherwise specified.

In accordance with Article 57 of the Environmental Conservation Law and under the Plan, review of development proposals by the Joint Planning and Policy Commission is limited to:

All development proposed within the Core Preservation Area.

Development within the Compatible Growth Area which constitutes development of regional significance, as defined herein.

A development project within the Compatible Growth Area by which an individual Commissioner may petition for review and a majority vote asserts review jurisdiction over such development.

Development within the Compatible Growth Area that does not conform to the standards as set forth herein.

Development within the Compatible Growth Area which is also within a Critical Resource Area.

Development proposals of regional significance. Development proposals within the Compatible Growth Area which meet the threshold(s) of a development proposal of regional significance shall be subject to a full review by the Commission pursuant to Article 57 of the Environmental Conservation Law.

Development applications which meet the following criteria are deemed development proposals of regional significance:

A commercial, industrial or office development project exceeding 300,000 square feet of gross floor area, or an addition to an existing commercial, industrial or office development where the addition is 100,000 square feet or more and that addition causes the total square footage to exceed 300,000 square feet.

A multifamily residential development project consisting of 300 or more units.

A single-family, detached residential development project consisting of 200 or more units.

A development project resulting in a traffic impact which would reduce service by two levels below existing conditions or to a level of service D or below.

Exceptions to development proposals of regional significance are development applications which:

Are situated within a designated receiving district.

Result from a transfer of development rights from a sending area (the Core Preservation Area).

Contain a minimum of 15% of residential units or a minimum of 15% of commercial, industrial or office use square footage, as a direct result of the transfer of development rights.

§ 85-721 Core Preservation Area.

The Core Preservation Area is designated by the Act to be preserved employing a strategy of governmental land acquisition, the transfer of development rights using conservation easements, gifts, land swaps, and donations. The Plan prohibits development within the Core Preservation Area. Under the Act, the Commission may grant hardship exemptions, and may waive strict compliance with the Plan upon a finding that such a waiver is necessary to alleviate a hardship.

Permitted uses.

Allowable uses within the Core Preservation Area shall be limited to the following:

Activities or uses which have been exempted as nondevelopment pursuant to the provisions of Article 57 of the Environmental Conservation Law and by §§ 85-718 through 85-726.

Residual uses remaining after severance of development rights.

Any existing, expanded or new agriculture or horticulture activity so long as such use and/or expansion of use does not result in any material alteration of native vegetation. The erection of agricultural buildings, including but not limited to barns, greenhouses and farm stands, required for the production of plants or animals, shall constitute an allowable use. If such activity involves material alteration of native vegetation, the use will require a hardship exemption from the Commission.

Hardship exemption. Applicants may seek hardship exemptions from the Commission as provided for in Article 57 of the Environmental Conservation Law for those uses or activities which are otherwise prohibited.

Prohibited uses.

The following uses are not permitted within the Core Preservation Area:

Development which has not received a hardship exemption permit from the Commission; and

Residual uses which are incompatible with the provisions of Article 57 of the Environmental Conservation Law.

§ 85-722 Compatible Growth Area.

Permitted uses within the Compatible Growth Area shall be compatible with protecting the essential character and natural resources of the Pine Barrens and in conformance with the standards set forth in §§ 85-718 through 85-726.

Permitted uses.

Uses within the Compatible Growth Area shall conform to the standards set forth in §§ 85-718 through 85-726, limited to the following:

All uses permitted in and as regulated in the underlying zoning district classification and authorized by this chapter.

§ 85-723 Standards.

All proposed development located within the Compatible Growth Area of the Central Pine Barrens shall comply with the following standards (as also set forth in the Plan) unless a hardship exemption has been issued by the Commission. The Town of Brookhaven shall ensure compliance with these standards by requesting comments and/or analysis from the appropriate state, county and other agencies upon project application review pursuant to SEQRA. In the event that a proposed development project is inconsistent with the standards set forth in §§ 85-718 through 85-726, or is rendered inconsistent due to modification or amendment, the Town shall notify the Commission and afford the applicant opportunity to either revise the development proposal to render it conforming to the applicable standards or obtain a hardship exemption from the Commission. Where standards contained in §§ 85-718 through 85-726 differ from state, county, or local law, the stricter standards apply. The following standards are applicable to all proposed development in the Central Pine Barrens Area:

Nitrate-nitrogen.

Suffolk County Sanitary Code Article 6 compliance. All development proposals subject to Article 6 of the Suffolk County Sanitary Code shall meet all applicable requirements of the Suffolk County Department of Health Services. Projects which require variances from the provisions of Article 6 shall meet all the requirements of the Suffolk County Department of Health Service's Board of Review in order to be deemed to have met the requirements of this standard.

Sewage treatment plant discharge. Where deemed practical by the county or state, sewage treatment plant discharge shall be outside and downgradient of the Central Pine Barrens. Denitrification or other systems that are approved by the New York State Department of Environmental Conservation or the Suffolk County Department of Health Services may be used in lieu of sewage treatment plants.

Suffolk County Sanitary Code Articles 7 and 12 compliance. All development projects must comply with the provisions of Articles 7 and 12 of the Suffolk County Sanitary Code, including any provisions for variances or waivers if needed, and all applicable state laws and regulations in order to ensure that all necessary water resource and watershed management infrastructure shall be in place prior to, or as part of, the commencement of construction.

Wellhead protection. Significant discharges and public supply well locations. The location of nearby public supply wells shall be considered in all applications involving significant discharges to groundwater, as required under the New York State Environmental Conservation Law Article 17.

Wetlands and surface waters.

Nondisturbance buffers. Development proposals for sites containing or abutting freshwater or tidal wetlands or surface waters must be separated by a nondisturbance buffer area which shall be no less than required by the New York State Tidal Wetlands or Freshwater Wetlands, and/or Wild, Scenic and Recreational Rivers Act and/or Chapter 81 of the Town of Brookhaven Code, Wetlands and Waterways. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation and the Town of Brookhaven. Projects which require variances or exceptions from these laws, and associated regulations, shall meet all requirements imposed in a permit by the New York State Department of Environmental Conservation and the Town of Brookhaven in order to be deemed to have met the requirements of the standard.

Buffer delineations, covenants and conservation easements. Buffer areas shall be delineated on the site plan or subdivision map, and covenants and/or conservation easements, pursuant to the New York State Environmental Conservation Law and Chapter 81 of the Town of Brookhaven Code, Wetlands and Waterways, shall be imposed to protect these areas as deemed necessary.

Wild, Scenic and Recreational Rivers Act compliance.[1] Development proposals shall conform to the provisions of the Wild, Scenic and Recreational Rivers Act, where applicable. Projects which require variances or exceptions under the New York State Wild, Scenic and Recreational Rivers Act shall meet all requirements imposed by the New York State Department of Environmental Conservation in order to be deemed to have met the requirements of this standard.

Editor's Note: See Environmental Conservation Law § 15-2701 et seq.

Stormwater runoff/stormwater recharge. Development projects must provide that all stormwater runoff originating from development on the property is recharged on site unless surplus capacity exists in an off-site drainage system.

Natural vegetation and plant habitat.

Vegetation clearance limits. Clearing is defined, for the purposes of this standard, as the removal of any portion of the natural vegetation found on a site, exclusive of any vegetation associated with active agricultural or horticultural activity or formalized landscape and turf areas. Excessive clearing of natural vegetation can result in severe soil erosion, excessive stormwater runoff, and the destruction or reduction of Pine Barrens plant and wildlife habitat.

The clearance of natural vegetation shall be strictly limited. Site plans, surveys and subdivision maps shall delineate the existing naturally vegetated areas and calculate those portions of the site that are already cleared due to previous activities.

Areas of the site proposed to be cleared combined with previously cleared areas shall not exceed the percentages in Figure 5-1 herein.[2] These percentages shall be taken over the total site, including, but not limited to, roads, building sites and drainage facilities. The clearance standard that would be applied to a project site if developed under the existing residential zoning category shall be applied if the proposal involves multifamily units, planned retirement units, attached housing, or clustering. Residential development within residentially zoned areas shall comply with the residential clearing limit categories contained in Figure 5-1. Commercial development in residentially zoned areas shall comply with the "Commercial, Industrial and Other or Mixed Use" clearing limit category. Site plans, surveys and subdivision maps shall delineate the clearing limit line and calculations for clearing to demonstrate compliance with this standard.

Editor's Note: Figure 5-1 is included as an attachment to this chapter.

To the extent that a portion of a site includes Core property, and for the purpose of calculating the clearance limits, the site shall be construed to be the combined Core and Compatible Growth Area portions. However, the Core portion may not be cleared except in accordance with Section 5.2 of the Plan.

Unfragmented open space.

Subdivision and site plan design shall support the preservation of natural vegetation in large unbroken blocks that allow contiguous open spaces to be established when adjacent parcels are developed. Subdivision and site plan designs should also be configured in such a way as to prioritize the preservation of native Pine Barrens vegetation to the maximum extent practicable.

For the purpose of §§ 85-718 through 85-726, native Pine Barrens vegetation shall include pitch pines and various species of oak trees, understory and ground cover plants such as blueberry, wintergreen, bearberry, and bracken fern, grasses and sedges such as little bluestem, Pennsylvania sedge and indian grass, as well as those ecological communities listed in Sections 5.6 and 5.7 in Chapter 5, Volume 2, of the Plan.

It is recognized that the preservation of nonnative but ecologically important habitats may be consistent with the intent and goals of the Plan when such action would result in the creation of large contiguous natural open space areas and the protection of rare, threatened or endangered species or their habitat.

Fertilizer-dependent vegetation limits. No more than 15% of an entire development project site shall be established in fertilizer-dependent vegetation, including formalized turf areas. Generally, nonnative species require fertilization; therefore, planting of such nonnative species shall be limited to the maximum extent practicable. The use of the nonnative plants in Figure 5-2[3] is specifically not recommended.

Editor's Note: Figure 5-2 is included as an attachment to this chapter.

Native plantings. Development projects shall consider the native planting suggestions contained in Figure 5-2.

Species and communities of special concern. Where a significant adverse impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened, endangered or of special concern, or upon natural communities classified by the New York State Natural Heritage Program as G1, G2, G3 or S1, S2 or S3, or on any federally listed endangered or threatened species is proposed, the appropriate mitigation measures as determined by the appropriate state, county or Town agency shall be taken to protect these species.

Coordinated design for open space management. All applications must specify the entity/agency to which dedicated open space will be transferred.

Commercial and industrial development. All commercial and industrial development applications shall comply with the provisions of the Suffolk County Sanitary Code as applied by the Suffolk County Department of Health Services, and all other applicable federal, state or local laws. Projects which require variances from the provisions of the Suffolk County Sanitary Code shall meet all requirements of the Department of Health Service's Board of Review in order to be deemed to have met the requirements of this standard.

§ 85-724 Guidelines.

The guidelines established herein are advisory in nature and shall be applied to development proposals within the Compatible Growth Area at the discretion of the Town body or agency having approval jurisdiction over the application for proposed development unless:

The proposed project is subject to the jurisdiction based on its location within a Critical Resource Area;

The proposed project constitutes a development of regional significance; or

The Commission otherwise assumes jurisdiction under the Act (see Volume I, Chapter 4, of the Plan).

Guidelines for development in the Compatible Growth Area. Where guidelines contained in §§ 85-718 through 85-726 differ from state, county, or local law, the Town may apply the stricter guideline. The following guidelines shall be applicable as deemed appropriate to development proposals in the Compatible Growth Area:

Nitrate-nitrogen. A more protective goal of 2.5 ppm may be achieved on new projects through an average residential density of one unit per two acres (or its commercial or industrial equivalent), through clustering, or through other mechanisms to protect surface water quality for projects in the vicinity of ponds and wetlands.

Wellhead protection. The Suffolk County Department of Health Services' guidelines for private wells can be used for wellhead protection.

Wetlands and surface waters/additional nondisturbance buffers. Stricter nondisturbance buffer areas may be established for wetlands as deemed appropriate.

Stormwater runoff.

Natural recharge and basins. Natural recharge areas and/or drainage system designs that cause minimal disturbance of natural vegetation can be employed, where practical, in lieu of recharge basins or ponds that would require removal of significant areas of native vegetation.

Ponds. Ponds should only be created if they are to accommodate stormwater runoff, not solely for aesthetic purposes.

Natural topography in lieu of recharge basins. The use of natural swales and depressions can be permitted and encouraged instead of excavated recharge basins.

Soil erosion and stormwater runoff control during construction. During construction, the standards and guidelines promulgated by the New York State Department of Environmental Conservation pursuant to state law, which are designed to prevent soil erosion and control stormwater runoff, may be adhered to.

Steep slopes.

Clearing envelopes. Clearing envelopes can be placed upon lots within a subdivision so as to maximize the placement of those envelopes on slopes less than 10%.

Stabilization and erosion control. Construction of homes, roadways and private driveways on slopes greater than 10% may be approved if technical review shows that sufficient care has been taken in the design of stabilization measures, erosion control practices and structures so as to mitigate negative environmental impacts.

Slope analysis. In areas with steep slopes, in the ranges of 11% to 15% and 15% and greater, slope analysis maps may be required. This can be satisfied with cross hatching or shading on the site plan/subdivision map for the appropriate areas.

Erosion and sediment control plans. Erosion and sediment control plans may be required in areas of 15% or greater slopes.

Placement of roadways. Roads and driveways shall be designed to minimize the traversing of slopes greater than 10% and to minimize cuts and fills.

Retaining walls and control structures. Details of retaining walls and erosion-control structures should be provided for roads and driveways which traverse slopes greater than 10%.

Natural vegetation and plant habitat.

Clustering. The maximization of the use of the clustering technique is encouraged where its usage would enhance adjacent open space or provide contiguous open space connections with adjacent open space parcels.

Protection of dedicated open space. Proposed open space can be protected with covenants, conservation easements or dedications that specify proper restrictions on its use and contingencies for its future management.

Agriculture best management practices. Any existing, expanded, or new activity involving agriculture or horticulture in the Compatible Growth Area should comply with best management practices and relevant requirements, including local law.

Cultural resource consideration.

Development proposals should account for, review, and provide protection measures for:

Established recreational and educational trails and trail corridors, including but not limited to those trail corridors as inventoried in the Plan.

Active recreation sites, including existing sites and those proposed as part of a development.

Scenic corridors, roads, vistas and viewpoints located in Critical Resource Areas, and along the Long Island Expressway, Sunrise Highway, County Road 111 and William Floyd Parkway.

[4]

Sites of historical or cultural significance, including historic districts, sites on the State or National Register of Historic Places, or recognized by local law or statute.

[5]

Sensitive archaeological areas as identified by the New York State Historic Preservation Office or the New York State Museum.

Inclusion of cultural resources in applications. Development proposals should note established recreation and educational trails and trail corridors; active recreation sites; scenic corridors, roads, vistas and viewpoints located in Critical Resource Areas and undisturbed portions of the roadsides of the Long Island Expressway, Sunrise Highway, County Route 111 and William Floyd Parkway; sites on the State or National Register of Historic Places, and historic structures and landmarks recognized by municipal law or statute, or listed on the State or National Register of Historic Places; and sensitive archaeological areas as identified by the New York State Historic Preservation Office or the New York State Museum within a five-hundred-foot radius of the outside perimeter of the project site, including any project parcels which are physically separate from the bulk of the proposed development areas. A development proposal may be disapproved or altered if the local municipality determines that the development proposal, in its current form, may have a significant negative impact on any of the above resources.

Protection of scenic and recreational resources. Protection measures for scenic and recreational resources should include, but not be limited to, retention of visually shielding natural buffers, replacement of degraded or removed natural visual buffers using native species, use of signs which are in keeping in both style and scale with the community character, and similar measures.

Roadside design and management. Undisturbed portions of the roadside should be maintained in a manner that protects the scenic features of these areas. Clearing (including that for aisles, driveways, access, and parking) is not precluded within these roadside areas, provided that appropriate buffers are maintained, and that man-made structures meet standards consistent with the character of the area.

§ 85-725 Pine Barrens Credit Program.

Purposes and objectives. The purpose, goals and objectives of the Pine Barrens Credit Program created herein is the implementation of the Comprehensive Land Use Plan adopted pursuant to Article 57 of the Environmental Conservation Law by the Central Pine Barrens Joint Planning and Policy Commission: to maintain the value in lands designated in the Plan for preservation and protection through the use and allocation of Pine Barrens credits, and to promote environmentally sensitive development in an efficient and orderly fashion which shall protect the quality and quantity of surface waters, groundwater and the long- and short-term integrity of the Suffolk County Central Pine Barrens ecosystem(s).

Commissioner's report.

At least biannually, the Commissioner of the Department of Planning, Environment and Land Management, or his/her designee, shall report to the Town Board on the status of the Pine Barrens Credit Program created herein. Said report shall provide specific information and statistics with respect to approved development projects for which Pine Barrens credits have been redeemed, or redeemed and retired; and the number of credits which have been retired for each school district within the Town.

Based on an analysis thereof, the Commissioner may recommend that use of Pine Barrens credits for single-family residential development be discontinued for any given school district within the Town; notwithstanding, the Commissioner may further recommend continued use of Pine Barrens development credits for nonresidential development within the Town.

Based on the Commissioner's report and recommendations, if any, the Town Board may undertake such action as it deems necessary and appropriate in respect thereof.

General provisions.

Pine Barrens credits shall be derived solely from lands located in the Core Preservation Area within the Town for applicability to development within the Town.

Upon the Joint Planning and Policy Commission's determination that all Pine Barrens credits attributable to lands located within the Core Preservation Area within the Town of Brookhaven have been redeemed or retired, the provisions of this section shall expire within 30 days thereafter, and shall be of no further force and effect; all pending applications incorporating unredeemed development credits shall be deemed withdrawn.

Residential Overlay District.

All parcels of land located outside the Core Preservation Area and within the A Residential 1 and A Residential 2 Zoning Districts are hereby deemed "receiving districts" subject to the eligibility criteria set forth herein. An increase in density shall be established by the Planning Board for any parcel (or assemblage of parcels) subject of an application therefor where such parcel is located within a receiving district so long as in conformance with the following criteria:

The subject premises is four acres or more in size if located in the A Residential 1 Zoning District.

The parcel is eight acres or larger if located in the A Residential 2 Zoning District.

Preliminary approval has been granted by the Suffolk County Department of Health Services for any parcel or premises located within the A Residential 1 Zoning District and within Hydrogeologic Zone 6.

Exceptions to eligibility as receiving districts. A parcel or premises shall be ineligible for treatment and/or classification as an ROD in the event that:

The parcel is located within a designated Critical Resource Area as identified in the Comprehensive Land Use Plan;

The area of the parcel to be developed is located within:

Five hundred feet of any streams, bluffs, surface waters or wetlands regulated by the New York State Department of Environmental Conservation or the Town of Brookhaven; or

The one-hundred-year floodplain; or

The South Setauket Special Groundwater Protection Area (South Setauket SGPA); or

[4]

The New York State wild, scenic and recreation river corridors; or

[5]

Existing public lands.

Forty percent or more of the parcel contains steep slopes of 15% or greater.

Planning Board review and approval.

The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove applications for residential development utilizing the Residential Overlay District provisions created herein. All requirements set forth in this chapter applicable to development in the A Residence 1 District or the A Residence 2 District, as the case may be, shall be applicable to development proposals utilizing the Residential Overlay District created herein, except that:

The Planning Board may vary, modify or waive strict compliance with the dimensional requirements applicable to an application herein as set forth in this chapter; and

The applicant shall be entitled to an increase in density calculated in accordance with the provisions of §§ 85-718 through 85-726 as calculated and determined by the Planning Board.

The Planning Board may allow attached or semidetached units in the utilization of a Residential Overlay District based on the following criteria:

Additional requirements. An application for development for a Residential Overlay District shall include:

A full long environmental assessment form (LEAF);.

A disclosure affidavit by the applicant or his attorney-in-fact.

Calculation(s) demonstrating customary yield, Resident Overlay District (ROD) yield and the proposed number of Pine Barrens development credits available for the development proposal.

An application for a development proposal for any land division incorporating treatment as a Residential Overlay District shall be subject to review and approval by the Planning Board notwithstanding any other provision in this chapter or the Subdivision Regulations.[1]

Editor's Note: See Ch. SR, Subdivision Regulations.

Upon the Planning Board's grant of final conditional approval of an application for residential development as a Residential Overlay District, the applicant shall obtain from the Pine Barrens Credit Bank and Clearinghouse, a Pine Barrens credit certificate confirming the number of Pine Barren's credits incorporated in the approved application.

Density increase in Residential Overlay District. Residential development pursuant to the within Residential Overlay District on an eligible parcel shall be entitled to an increase in density based on the addition of Pine Barrens credits to the customary unit yield (customary yield) as permitted by this chapter. The following formula(s) shall be employed in calculating the number of Pine Barrens credits which may be added to the customary yield for a single-family dwelling project application for an eligible parcel:

[Amended 7-2-2017 by L.L. No. 19-2017, effective 8-2-2017]

Customary yield. The product of the total acreage multiplied by 43,560 square feet is divided by the dimensional area requirement, the result of which is multiplied by a factor of 0.8, the result of which equals the customary yield. All calculations shall be rounded to the nearest whole number, example 1.5 = 2. Thus:

In the A Residential 1 District:

In the A Residential 2 District:

Residential Overlay District (ROD) yield. To determine the ROD yield, the product of the parcel area multiplied by 43,560 square feet, divided by the minimum dimensional area requirement, 40,000 square feet for an A Residence 1 zoned parcel and 80,000 square feet for an A Residence 2 zoned parcel, the result of which is multiplied by a factor of 1.2, shall constitute the ROD yield:

In the A Residence 1 District:

In the A Residence 2 District:

Pine Barrens credits. To determine the required number of Pine Barrens credits (PBC), subtract the customary yield from the ROD yield, the result of which equals the number of Pine Barrens credits (PBC) required for the proposed development application.

§ 85-726 Incentive zoning.

Purpose. The purpose of incentive zoning is to advance the goals and objectives of the Central Pine Barrens Comprehensive Lane Use Plan.

Applicability.

For purposes of §§ 85-718 through 85-726, the redemption of Pine Barrens credits may be permitted in connection with all change of zoning district classification and special use permit applications for all eligible lands located within the Town and outside the Core Preservation Area.

The redemption of Pine Barrens credits may be utilized to obtain an increase in density or intensity of development in connection with development proposals for parcels, lots and assemblages located outside of the Core Preservation Area subject to the review and approval by the Town Board or Planning Board as the case may be.

The redemption of Pine Barrens credits may also be permitted by the Town Board in connection with a development proposal made pursuant to Article XXVI of this chapter for a Planned Development District.

The utilization of incentive zoning employing the redemption of Pine Barrens credits shall be limited, under this article, to the following zoning districts:

	MF Residence
	PRC Residence
	PRCHC Residence
	NH-H Residence
	J Business
	J Business 2
	J Business 4
	J Business 5
	J Business 6
	J Business 7
	J Business 8
	L Industrial 1
	L Industrial 2

All applications for development proposals and/or change of zoning district classification shall comply with the requirements of Article 8 of the Environmental Conservation Law.

Change of zoning district classification (change of zone).

The redemption of Pine Barrens credits for all lands located within the Central Pine Barrens Designated Compatible Growth Area may be permitted for any parcels, lots and assemblage which is located in an eligible zoning district as set forth in this section.

The Town Board may limit the Planning Board's authority to grant an increase in density or intensity, under existing zoning, upon its review of an otherwise eligible site plan. An increase in density or intensity granted upon a change of zone or special use permit approval shall conform to the Schedule of Intensity set forth in this section.

Redemption schedule.

Commercial and industrial. Change of zone and special use permit applications for parcels, premises, lots or assemblages, subject to commercial and/or industrial zoning district classification(s), may include the redemption of Pine Barrens credits.

Multifamily. For all proposed MF residence developments, an increase in density (or intensity) may be permitted by the redemption of Pine Barrens credits, added to the number of units permitted in the zoning district classification or as previously approved by the Town Board upon a change of zoning district classification.

Planned retirement community. For all proposed PRC residence developments, an increase in density (or intensity) may be permitted by the redemption of Pine Barrens credits, added to the number of units permitted in the zoning district classification or as previously approved by the Town Board upon a change of zoning district classification.

Nursing home and assisted living. For all proposed NH-H and PRCHC residence developments, an increase in density (or intensity) may be permitted by the redemption of Pine Barrens credits, added to the number of beds/units permitted in the zoning district classification or as previously approved by the Town Board upon a change of zoning district classification.

Site plan. All site plan applications for the zoning districts specified hereinabove in this section may include a proposal for the redemption of Pine Barrens credits, subject to the Planning Board's approval.

A site plan application shall be submitted pursuant to the site plan procedures set forth in this chapter.

The Planning Board, in determining the effects of such incentive, shall consider the potential impacts to the school districts, resources available in the project site area, including environmental quality, public facilities, transportation and infrastructure.

As an irrevocable condition of the Planning Board's final conditional approval, the applicant shall submit a Pine Barrens credit certificate confirming the number of Pine Barrens credits incorporated into its grant of approval.

The Planning Board is hereby authorized to modify or adjust the required dimensional setback requirements and parking requirements set forth in this chapter.

§ 85-727 Munsell Road Industrial Overlay District.

[Added 8-23-2018 by L.L. No. 20-2018, effective 8-31-2018[1]]

Editor's Note: This local law added §§ 85-727 through 85-734.

§ 85-728 Purpose.

The purpose of this district is to provide for a wide range of industrial uses, while recognizing the history of development in this area.

§ 85-729 Permitted uses.

In the Munsell Road Industrial Overlay District, no building, structure or premises shall be used or occupied and no building or part thereof shall be so erected or altered, except for one or more of the following purposes:

Lumberyard.

Manufacturing, only within a building.

Nursery/garden center.

Stone and mason supply.

Warehouse.

Commercial bus storage facility.

Storage of heavy, construction vehicles and equipment.

Motor vehicle repair.

Outdoor storage.

Trucking terminal.

Outdoor or overnight parking of registered vehicles.

§ 85-730 Accessory uses.

Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use.

Office.

§ 85-731 Prohibited uses.

All uses not expressly permitted are prohibited. Nothing herein contained shall be construed to permit the erection, addition, maintenance or use of any premises of either a business or industrial operation except as authorized by this section.

§ 85-732 Dimensional criteria.

Minimum lot area.

The minimum required lot area shall be 40,000 square feet for those lots located on the east side of Munsell Road.

The minimum required lot area shall be 10,000 square feet for those lots located on the west side of Munsell Road.

Minimum road frontage.

The minimum required road frontage shall be 100 feet.

Maximum permitted floor area ratio (FAR) shall be 50%.

Maximum permitted height for all structures shall be 50 feet.

§ 85-733 Development standards.

Landscaping requirements.

Minimum requirement. All uses shall maintain, adjacent to all road frontages, a minimum single row of evergreen plantings seven feet high and five feet on center, or street trees with a minimum caliper of four inches adjacent to all road frontages in an amount equal to 30 feet on center.

Fencing.

The site shall be completely enclosed by a good-quality, solid fence not less than six feet in height above 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 stored within the enclosed yard.

Lighting.

Lighting shall be required in conformance with the criteria set forth in Article XXXIV, Land Development Standards, Exterior lighting standards.[1]

Editor's Note: See § 85-862 et seq.

Outdoor storage.

The maximum permitted height of outdoor storage shall be 15 feet.

Outdoor storage shall be limited to a specific list of materials, items or equipment to be stored, as determined by the Planning Board.

The combined total area of the principal buildings or structures, impervious areas, and the outdoor storage areas shall not exceed 65% of the lot area.

Outdoor storage shall be limited to only those goods that are generated, manufactured or utilized by the principal use on the premises.

Outdoor storage shall have all activities associated with the outdoor storage area, such as loading, delivery, pick up, traffic circulation, queuing, and parking, take place on site.

Surface areas may be paved with recycled concrete aggregate or gravel, as deemed appropriate for the outdoor storage proposed.

Outdoor storage of compost, manure, sand, concrete, aggregate, junk cars, auto parts, tires, chemicals, fertilizer and uses permitted exclusively in an L Industrial 2 Zone shall not be permitted.

Drainage.