§ 85-918. Sewage disposal and treatment facilities.

A. 

Any building, structure or premises erected, altered, or used for sewage disposal and treatment facilities shall be permitted in any district when authorized by resolution of the Planning Board, subject to such conditions and safeguards as the Planning Board may deem appropriate.

B. 

No building or structure may be erected, altered or used for a sewage disposal and treatment facility unless a building permit shall have been issued by the Building Division of the Town of Brookhaven.

C. 

No building permit shall be issued for a sewage disposal and treatment facility unless the Planning Board shall have first approved the site plan for the building, structure or premises. This subsection shall apply in all cases where sewage disposal and treatment facilities are proposed to be erected, altered or used, regardless of whether or not such erection, alteration or usage is in conjunction with a subdivision.

(1) 

If the erection, alteration or usage of and building, structure or premises for sewage disposal and treatment facilities is to be erected, altered or used in conjunction with a subdivision, the site plan may be considered simultaneously with the preliminary plan or layout of said subdivision, provided that the applicant shall have first obtained approval of the location from the Suffolk County Department of Environmental Control.

(2) 

In the event that the sewage disposal and treatment facility is to be erected, altered or used in conjunction with a subdivision, the preliminary and final maps, including the map to be ultimately filed in the Suffolk County Clerk's office, shall clearly designate the proposed location of the sewage disposal and treatment facility and shall clearly indicate the proposed location of the buildings and structures to be erected thereon.

D. 

In all cases where the Planning Board is considering the site plan for the location of a sewage disposal treatment facility, there shall be a public hearing before the Planning Board.

(1) 

Notwithstanding any provisions of law to the contrary, including the Subdivision Regulations of the Town of Brookhaven, notice of said public hearing shall be published in a newspaper circulating in the Town of Brookhaven at least 10 days before said public hearing, and notice of said public hearing shall be mailed by the developer by certified mail, return receipt requested, to the owners of all property within 500 feet of the perimeter of the area shown on the site plan or preliminary map, or both, as the proposed location of the sewage disposal and treatment facility. For the purposes of this section, the word "owner" means the owner as shown on the current Brookhaven Town assessment roll. Said notice shall contain the following:

(a) 

The date, time and place of the hearing.

(b) 

A statement that the purpose of the hearing is for the Planning Board to consider the site plan for the construction of a sewage disposal and treatment plant.

(c) 

A statement that complete plans for the location of the sewage disposal and treatment facility and the buildings or structures to be erected thereon are on file in the office of the Planning Board and may be examined during regular office hours by any interested person.

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

(2) 

The affidavit of mailing to all adjacent owners shall be filed with the Planning Board at the time of the public hearing, together with the return receipts. In the event that all return receipts have not been received by that time, the applicant shall file the same or account for all mailings within 30 days following the public hearing.

(3) 

Following the public hearing, the Planning Board may approve the application for the location of the sewage disposal and treatment facility, may approve the same with modification or may deny the same.

E. 

The Planning Board may amend the site plan for a sewage disposal and treatment facility, regardless of whether or not said approval was granted in conjunction with the processing of a subdivision map; provided, however, that all of the procedures specified in the above subsection are fully complied with. This subsection shall apply in all cases where the owner or operator of the sewage disposal and treatment facility shall seek to increase the capacity thereof.

F. 

In all cases where a subdivision will be served by a sewage disposal and treatment facility, whether or not said sewage disposal and treatment facility is to be or was constructed in conjunction with the processing of a subdivision map, a copy of a map in a form to be approved by the Planning Board shall be conspicuously posted in the office of the developer, its agent or any other person offering lots for sale, whether or not such sale includes the construction of a house. Said map shall clearly designate the proposed or actual location of the sewage disposal and treatment facility and all buildings and structures thereon in relation to adjacent areas.