§ 85-914. Land divisions.

A land division, as defined in this chapter, may, upon the determination of the Commissioner of the Department of Planning, Environment and Land Management or his designee or the Planning Board, be exempt from the requirements of a subdivision application.

A. 

The intent of this land division section is to delegate and reserve certain powers, actions, functions and responsibilities authorized to and performed by the Planning Board to the Planning Division of the Town of Brookhaven. It is the Town Board's express intent and purpose by this section, pursuant to § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments, to supersede, to the extent necessary, New York State Town Law § 277, entitled "Subdivision review; approvals of plats; additional requisites," by reserving and delegating certain powers, actions, functions and responsibilities performed by the Planning Board to the Planning Division.

B. 

A land division that does not require variances shall be subject to the review and approval of the Planning Board, which approval may be subject to the imposition of reasonable conditions as said Planning Board shall determine. For land divisions resulting in more than four lots and for all land divisions of nonresidentially zoned lands, the Planning Board may grant such area variances as it deems reasonable and appropriate, so long as there is no increase in density as a result. A land division application shall include the following:

(1) 

A survey of the entire site, showing proposed lot lines, zoning lines, existing pavement, existing dwellings, existing and proposed topography, site data table, key map, existing conditions within 200 feet of the subject property, all special district lines and drainage in the area and ownership of the site and surrounding properties.

(2) 

A completed application on a form to be supplied by the Planning Board.

(3) 

An application fee in the amount as established by Town Board resolution. If the Planning Board determines that the applicant must file a preliminary plat, then this fee shall be in lieu of the preliminary filing fee as established by Town Board resolution.

(4) 

A recreation fee as established by Town Board resolution.

(5) 

A chain of title may be required at the discretion of the Planning Board.

C. 

Land divisions with variances. Any land division of residentially zoned land(s) for four or fewer lots, requiring area variances, shall require the review and approval of the Zoning Board of Appeals.

(1) 

The Board of Appeals, in its review, shall consider the written recommendation(s) of the Planning Division.

(2) 

The owner of the subject property may be required to file a declaration of covenants and restrictions in such form as shall be approved by the Town Attorney, including, but not limited to, the following:

(a) 

That all access roads shall remain private and shall be maintained by the property owners and their successors and assigns; and

(b) 

Any or all conditions imposed by the Board of Appeals in its grant of approval;

(c) 

Prohibiting further subdivision of the property, except where the resultant lots on the land division are amenable to further subdivision and the resultant lots will be in full compliance with all requirements of this chapter; and

(d) 

That any further subdivision of said resultant lot(s) shall be subject to the review and approval of the Planning Board.

(3) 

The applicant shall pay a recreational fee as established by Town Board resolution.

D. 

Land divisions shall be subject to the requirements for public improvements set forth in the Planning Board Subdivision Regulations.

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

E. 

The calculation of area for interior lots known as "flag lots" (lots with road frontage of 20 feet or less) shall exclude the area encompassed by or attributable to the portion of said lot which is 20 feet or less in width.

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