§ 49-4. Shopping center maintenance., Chapter 49. Property Maintenance, Code of Ordinances, Brookhaven

Legislative intent. The Town Board of the Town of Brookhaven hereby finds that many shopping centers located within the Town of Brookhaven have become eyesores due to poor maintenance and neglect, contain litter resulting from discarded handbills, beverage and food containers and are the source of litter blowing off premises to adjacent properties. It is the intent of this section to establish standards for the maintenance of landscaped areas, buffers and parking areas so as to improve the appearance of shopping centers located within the Town and reduce litter located thereon from blowing off the premises.

Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:

ACTUAL NOTICE: The receipt by an owner or tenant of commercial property of written notice from any agency, department, board or division of the Town of Brookhaven describing the presence of litter on said property.

COMMERCIAL PROPERTY: Any property zoned J Business, J Business 2, J Business 3, J Business 4, J Business 5, J Business 6, J Business 7, L Industrial, L Industrial 1, L Industrial 2, L Industrial 3 or L Industrial 4 pursuant to Chapter 85 of the Code of the Town of Brookhaven.

LITTER: Shall have the meaning ascribed to it in Chapter 45 of the Code of the Town of Brookhaven.

POLICED: The visual inspection of all or a portion of a premises for litter.

SHOPPING CENTER: A "commercial center" as the same is defined in Chapter 85 of the Code of the Town of Brookhaven.

Maintenance of landscaped and vegetated areas.

(1)

All landscaped and vegetated areas contained within commercial property shall be kept free and clear of litter. Said areas shall be policed not less than once each week by the owner or tenant of said shopping center, or his or her agent. All litter contained thereon shall be removed within 48 hours of receipt of actual or constructive notice of the presence of said litter.

(2)

All landscaped and vegetated areas indicated on an approved site plan shall be adequately watered, fertilized, pruned and otherwise maintained. Any dead vegetation shall be replaced.

Parking area maintenance. All parking areas and internal roadways contained within commercial property shall be kept free and clear of litter. Said areas shall be cleaned not less than twice each week by an employee or agent of the owner or tenant or within 48 hours of receipt of actual or constructive notice of the presence of litter, whichever shall be sooner. Pot holes shall be promptly filled, pavement shall be maintained so as to avoid deterioration, drainage facilities shall be operable and striping and signs shall be maintained in a visible manner and in conformance with the property's site plan and any other applicable laws, rules and regulations.

Fencing requirements. When local conditions such as prevailing winds, site topography and/or litter and debris history at a site warrant, the Commissioner of the Department of Planning, Environment and Development may direct and require that shopping center owners shall fence the exterior perimeter of their shopping center parking lot with a vinyl-covered chain-link fence approximately four feet in height. The design and location of said fence shall be submitted to the Commissioner of the Department of Planning, Environment and Development for approval prior to installation. A building permit and/or site plan approval shall not be required for said fence. The purpose of said fence is to contain litter and prevent it from blowing onto adjacent properties. In appropriate cases and where architectural reasons mitigate against using a chain-link fence, said Commissioner may permit the installation of a post-and-rail fence faced with "turkey wire." Said fence may be set back sufficiently from the edge of the parking area to avoid damage by parked cars. Any party aggrieved by any determination made by the Commissioner of Planning, Environment and Development hereunder may appeal such determination to the Board of Zoning Appeals in the form and manner provided by Chapter 85 of the Code of the Town of Brookhaven.

The requirements and penalties contained within this section shall be deemed in addition to any such requirements or penalties contained in any other section of Chapter 49 or of the Code of the Town of Brookhaven.

Violations. Failure by an owner or tenant to comply with § 49-4C and D, or failure by an owner of a shopping center to install the fence required by § 49-4E, shall be deemed a violation of this chapter. Each and every day during which a violation continues shall be considered a separate violation punishable as described below.