§ 85-113. Site plan review and approval., Article VIII. Planning Board, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Site plan review and approval is required in all zoning districts for all buildings and structures or land use and/or for all alterations or changes in use thereto, except for the following: single-family dwellings; subdivision maps or plats, including residential land divisions, notwithstanding any provision to the contrary in this chapter; permitted agricultural uses other than horse farms, and customary accessory uses thereto; and the exceptions set forth in § 85-116. Notwithstanding the aforementioned requirements, the Town Board may, upon proper application therefor, grant a waiver from the within site plan review and approval requirements for properties located within the Fire Island National Seashore (a/k/a Great South Beach at Fire Island National Seashore).

In each case where a site plan is required, the applicant shall submit a site plan, prepared by a registered New York State landscape architect, land surveyor, architect or engineer, to the Planning Board prior to the filing of the application for a building permit with the Chief Building Inspector. Elevations, showing front, side and rear architectural features of the proposed structures, shall be submitted with the site plan and shall be considered a part thereof. The applicant shall demonstrate that the architectural and aesthetic features of the proposed structure will conform to and enhance the architectural features of the neighborhood. In appropriate cases, the Planning Board and/or the Commissioner of Planning, Environment and Land Management may require a landscape plan prepared by a registered New York State landscape architect.

The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove said site plan in accordance with all applicable standards contained herein or within the Subdivision Regulations and to adopt such rules as it deems necessary to exercise the powers herein granted.

(1)

Requirement of stormwater pollution prevention plan (SWPPP). A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 86, Stormwater Management and Erosion Control, shall be required for site plan approval. The approved SWPPP shall meet the performance and design criteria and standards and be consistent with the provisions as set forth in Chapter 86, Stormwater Management and Erosion Control, of the Town Code.

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

The Chairman of the Planning Board may require a public hearing in conjunction with site plan review for development in any zoning district upon making a determination that construction on or the use of the subject site may have a significant impact on the surrounding community.

The Planning Board shall consider the following elements in its review process: ingress to and egress from all public highways to the premises, subject to the approval of the appropriate municipal agencies having jurisdiction of such highways, the traffic pattern within the premises, the location and placement of parking spaces, parking areas, loading areas and spaces, curbs, sidewalks and access driveways as may be required under this chapter, or by any municipal agency, all drainage facilities, grading, lights, the placement of signs on the premises, the location and dimensions of all existing and proposed structures upon the site, open spaces, landscaping, screening, architectural features, all other physical features and improvements, the impact of the proposed use on adjacent land and land uses and such other elements as may be reasonably related to the health, safety and general welfare of the community.

(Reserved)

Editor's Note: Former Subsection F, Landbanked parking, was repealed 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014.

There shall be submitted with the application for site plan approval a copy of any restrictive covenant running in favor of the Town, or, if there is no such restrictive covenant, the applicant shall furnish an affidavit to that effect.

In any case where the site plan submitted by the applicant indicates that a variance and/or special permit is needed in order to construct or use the premises as shown on said site plan, the applicant shall submit an application for said variance and/or special permit to the appropriate board upon the filing of the application for approval of the site plan with the Planning Board. Upon adoption by said board of a resolution with respect to the application for a variance and/or special permit, the applicant shall submit to the Planning Board the date and case number of said resolution as well as the decision rendered by the issuing board. If the variance and/or special permit is granted, said variance and/or special permit shall be deemed to be incorporated in the site plan submitted by the applicant. In those cases where a variance and/or a special permit is required, there shall be no final approval of the site plan by the Planning Board until such variance and/or special permit has been granted by the appropriate board. Upon issuance, said variance/special permit shall be deemed incorporated within the site plan, and shall remain valid for the duration of the site plan or any authorized extension thereof for all site plans approved on or after the effective date herein.

If no public hearing is held, the Planning Board shall render its decision with respect to site plan approval within 62 days after receipt of the application unless an extension has been agreed upon.

In all cases, the Planning Board shall notify the applicant of the decision rendered and shall set forth its reasons for the action taken.

Final site plan approval and all other permits, approvals and authorizations as may be required from other municipal and governmental agencies and departments shall be obtained prior to the issuance of a building permit(s).

Any property developed or used pursuant to an approved site plan shall be developed, maintained and used in conformity with the provisions of said site plan. Any variations from or amendments to an approved site plan must be reviewed and approved by the Planning Board. No site work, including the removal of trees or other vegetation, shall proceed until all permits required therefor have been issued.

Change of use/expansion of use.

(1)

Requirements for additions, rehabilitations, revisions or changes.

(a)

Where an addition to an existing nonresidential building of 500 square feet or less or any change or alteration of use is proposed for a building or structure, which may include an addition of 500 square feet or less, for which a site plan was required and/or is exempt from site plan review as otherwise provided in this article, the owner or tenant in possession shall give written notice thereof to the Commissioner of the Department of Planning, Environment and Land Management within 30 days of any such proposed change of use on such form as shall be prescribed by the Commissioner. For purposes of this subsection, reinstatement of a discontinued permitted use on an improved site shall be deemed a change of use except where prior site plan approval was obtained.

(b)

Where rehabilitation, revision or change in the facade of an existing commercial site is proposed for which a site plan was required and/or is exempt from site plan review as otherwise provided in this article, the owner and/or tenant in possession, or its designated agent, shall make application for a change of use for said facade improvements, in accordance with the provisions of this section, and shall be subject to the requirements of this section herein.

(2)

The Commissioner of the Department of Planning, Environment and Land Management, or his/her designee, is hereby authorized to review and approve said change(s) of use so long as s/he finds that the deviation in use from the prior use is minor, that the proposed use is a permitted use under this chapter.

(3)

The applicant shall provide any information and documentation which the Commissioner deems necessary and appropriate for his/her review of the application and may provide additional information that is pertinent to such application.

(4)

The Commissioner shall take existing improvements into consideration and determine whether or not additional on-site improvements are necessary and/or appropriate, including but not limited to drainage, parking, curbs and walks, landscaping and fencing, and may require such improvements as part of his/her approval of said change of use.

(5)

The Commissioner may, at his/her discretion, refer any change of use application to the Planning Board as s/he deems appropriate.

(6)

Any owner or tenant in possession found guilty of violating this subsection shall be fined at the rate of $100 per day.

(7)

Amendment to certificate of occupancy required.

(a)

Where new construction is authorized pursuant to this section, the resultant certificate of occupancy shall be consistent with the redesignated use as set forth in the applicable provision(s) of this chapter.

(b)

Where modification(s) and/or remodeling to an existing site or building(s) is authorized to this section, the existing certificate of occupancy (or functional equivalent) shall be amended consistent with the redesignated use as set forth in the applicable provision(s) of this chapter.

Upon the recommendation of the Chief Building Inspector or the Planning Board, the Town Board may revoke an existing certificate of occupancy or certificate of zoning compliance and may direct that such occupancy or use be discontinued upon a showing that the subject premises is being occupied or used in violation of the approved site plan. Said order of the Town Board shall be made after a hearing held on notice to the last owner of record of the subject premises as indicated by the current assessment roll of the Town of Brookhaven. In the event that the Town Board directs that such occupancy or use be discontinued or in the event that a parcel is being used or occupied without an approved site plan, the Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy.

Posting for applications involving site plans, preliminary subdivisions or final subdivisions. At least one poster, not less than one foot by two feet in size, must be conspicuously posted along each street frontage of the property which is the subject of the application, at least 10 days prior to the date set for the hearing before the Planning Board. This ten-day posting requirement for all applications involving site plans, preliminary subdivisions or final subdivisions shall be required for all such applications submitted on or after the effective date of this amendment. Such poster shall contain the following information:

(1)

A brief explanation of the proposed site plan approval requested.

(2)

That a hearing will be held before the Planning Board at a specified date and the time and place with regard to the proposed hearing.

(3)

Said poster must remain in place until the hearing has been completed and must be removed no later than seven days thereafter. The applicant, or applicant's agent, shall verify that said poster is still in place on a daily basis and shall promptly replace that poster should it be removed or defaced.

(4)

The Planning Board shall adopt regulations governing the format of said poster and the manner and place in which it is posted. Said Board may require the applicant to use a poster supplied by it, in which event the Planning Board may set a fee to cover the cost of said poster.

(5)

On the date of said hearing, the applicant or applicant's agent shall submit an affidavit in such form as shall be approved by the Planning Board, together with a photograph of said poster, said affidavit to state that said poster was posted in conformity with this chapter and in all manners complies with its requirements.

Expiration of site plans.

[Amended 6-24-2014 by L.L. No. 12-2014, effective 7-8-2014]

(1)

All site plans shall expire three years after the date of final conditional approval, unless a building permit has been issued and substantial construction, with sufficient proof of such substantial construction, having been commenced in reliance thereon.

(2)

All site plans and special permits granted pursuant to Article XXVII shall expire one year after the date of final conditional approval, unless a building permit has been issued and substantial construction, with sufficient proof of such substantial construction, having been commenced in reliance thereon.

Extension of final conditional site plan approval.

[Amended 6-24-2014 by L.L. No. 12-2014, effective 7-8-2014]

(1)

Upon application to the Commissioner of Planning, Environment and Land Management seeking an extension of the final conditional site plan approval, the Commissioner may grant the final conditional site plan approval a maximum of three extensions, not to exceed one year each, subject to the applicant sufficiently demonstrating that for each such application:

(a)

The extension request is made prior to the expiration of the final conditional site plan approval;

(b)

The applicant is diligently trying to meet the conditions of the final conditional site plan approval; and

(c)

The applicant is diligently pursuing all other required governmental permits and approvals.

(2)

Upon application to the Commissioner of Planning, Environment and Land Management seeking an extension of the final conditional site plan approval granted pursuant to Article XXVII, the Commissioner may grant the final conditional site plan approval a maximum of one extension, not to exceed one year, subject to the applicant sufficiently demonstrating that for each such application:

(a)

The extension request is made prior to the expiration of the final conditional site plan approval;

(b)

The applicant is diligently trying to meet the conditions of the final conditional site plan approval; and

(c)

The applicant is diligently pursuing all other required governmental permits and approvals.

Inactive site plan applications. Site plan applications which remain incomplete and/or for which the applicant initiates no activity for a period in excess of one year may be deemed withdrawn by the Commissioner of Planning, Environment and Land Management, so long as written notice is provided to the applicant informing said applicant of the Commissioner's intent to deem the application withdrawn at least 30 days prior to the Commissioner's determination. If an application is inactive for more than two years, it shall be deemed withdrawn.

For each application for site plan approval, review of an amended site plan or inspection of a site plan, the fee shall be that as established by Town Board resolution. For purposes of said section, the term "on-site improvements" shall include but not be limited to the installation of drainage facilities, the paving of the parking field, and the installation of any curbs or sidewalks.

[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]

Amendment of site plans. An application for an amendment to a previously approved site plan shall include the previously approved site plan, together with all amendments noted thereon. The Commissioner shall determine compliance with the applicable Town Code provisions as of the date of submission thereof.

Upon its review of an application for amendment(s), modification(s) and/or addition(s) to a previously approved site plan and/or existing site development, the Planning Board shall review the entire site plan and existing site development; the Planning Board, in conjunction with its review and approval of the application for amendment(s), modification(s) and/or addition(s) to said site plan, may impose such reasonable conditions as it deems appropriate with respect to existing improvements including parking, landscaping, including but not limited to planting screens, maintenance, additional and/or enhanced landscaping, and any other site features it deems appropriate, and/or to require any reasonable modification to the existing site plan and/or site development as it deems appropriate in connection with its grant of approval of the proposed additional and/or modified site plan development.