§ 85-117. Minor site plans.

A. 

The Commissioner of the Department of Planning, Environment and Land Management is hereby authorized to review, approve, approve with modification or deny minor site plan applications. The Commissioner shall apply the criteria applicable to site plan review set forth in this chapter at Article VI in his/her review of said application(s). The Commissioner, at his/her sole discretion, may decline jurisdiction by referral of any minor site plan application to the Planning Board for its review and determination.

B. 

Minor site plans are those which meet the following criteria:

(1) 

Addition to existing building(s). Said addition(s) shall not be more than 20% of the floor area of the existing structure or 1,000 square feet of floor area, whichever is less; or

(2) 

The existing building(s) has been previously exempted under the provisions of this article; or

(3) 

Sites for which the Commissioner determines that on-site improvements are necessary and/or appropriate, including but not limited to the installation of drainage facilities, paving of parking areas, curbs and walks, landscaping, fencing and additional parking spaces.

C. 

The minor site plan procedure set forth in Subsection B above shall not apply under the following circumstances:

(1) 

The proposed development requires variances, special permits or special exceptions or otherwise fails to fully comply with the requirements of this chapter; or

(2) 

A public hearing is required pursuant to this article for the proposed development.

D. 

The application shall comply with the requirements for site plan application(s) set forth in this article as to form and content.

E. 

The Commissioner shall notify the applicant in writing of this determination that the site plan application shall be treated as a minor site plan subject to his review in accordance with this article.

F. 

Posting.

(1) 

Within seven days of receipt of such notification, the applicant shall affix at least one poster, not less than one foot by two feet in size, in a conspicuous manner along each road frontage of the property which is the subject of the application; such posters shall be supplied by Department of Planning, Environment and Land Management and shall contain a brief explanation of the proposed site plan approval requested.

(2) 

The Commissioner shall adopt regulations governing the format of said poster, the manner and place in which it is posted, and may set a fee to cover the cost of said posters.

(3) 

The applicant or his agent shall submit an affidavit in such form as shall be required by the Commissioner, together with a photograph of said poster, stating that the posting of the notice was made in compliance with this article.

G. 

Commissioner's review.

(1) 

Written comments from the public shall be accepted and considered by the Commissioner, for a period of at least 10 days, but no more than 20 days, after his determination that the application is complete.

(2) 

Within 30 days of the Commissioner's determination that the application is complete, s/he shall approve, approve with modifications, approve with conditions or deny the site plan.

(3) 

In the event the Commissioner fails to make a determination within said thirty-day period, the application shall be deemed referred to the Planning Board for its review in accordance with the provisions of this chapter.

H. 

Emergency minor site plans.

(1) 

Damaging winds, torrential rainfall, flooding and storm surge from hurricanes or natural disasters can cause significant damage to motor vehicles. These damaged motor vehicles can impede emergency response efforts and pose a persistent threat to the security, life and health to persons and property in the affected areas and, therefore, are deemed a public health hazard and a public nuisance.

(2) 

The Commissioner of the Department of Planning, Environment and Land Management is hereby authorized to review emergency minor site plan applications for the temporary storage of motor vehicles. Upon favorable recommendation from the Commissioner of the Department of Planning, Environment and Land Management, the Town Board of the Town of Brookhaven, by resolution, may designate a parcel suitable for temporary parking and storage of damaged motor vehicles, subject to conditions as the Town Board may deem appropriate.

(3) 

Emergency minor site plans shall be subject to the following criteria:

(a) 

A State of Emergency was declared by the Supervisor of the Town of Brookhaven or the Governor of the State of New York.

(b) 

The proposed site is not located within the Core Area of the Central Pine Barrens.

(c) 

The proposed site is commercially or industrially zoned.

(d) 

The proposed site has received prior site plan approval and all proposed storage shall be located on existing asphalt or stabilized base which was designated for parking of motor vehicles or similar activity on the prior approved site plan.

(e) 

A bond is submitted which is equal to $200 per vehicle stored on the site.

(f) 

Within six months of approval, submission of proof to the Commissioner that all fluids have been removed from all vehicles stored. Properties cited as noncompliant shall be subject to penalties in accordance with Article XII.

(g) 

All site plan application and expedited review fees as set forth in Town Board resolution have been paid.

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

(4) 

The Commissioner may apply the criteria applicable to site plan review set forth in this chapter at his/her discretion in review of said application(s) and in making a recommendation to the Town Board. The Commissioner, at his/her sole discretion, may decline jurisdiction of any minor emergency site plan request and such application shall require site plan review and approval pursuant to § 85-113 of this chapter.

(5) 

The applicant shall be responsible for obtaining building permits and a temporary certificate of use or certificate of occupancy, as applicable.

(6) 

Expiration. All approvals for the temporary parking and storage of motor vehicles shall expire six months after the date of emergency minor site plan approval.

(a) 

An applicant may submit a request to the Town Board seeking an extension of time limits herein. The Town Board may grant a maximum of one extension, not to exceed six months.

(7) 

No application for emergency minor site plan approval may be submitted under this Subsection H, entitled "Emergency minor site plans," after March 31, 2013.