Agenda_Meeting (20) REVISIONS 7 A CODE.pdf

8/14/2019 Agenda_Meeting (20) REVISIONS 7 A CODE.pdf

1/34


2/34

2. To Consider Granting a Twenty Year License Agreement with Ralph's Fishing Station, Inc. fthe use of Underwater Lands and Uplands, at Harbour Beach Road, Mt. Sinai Harbor, NY,

property of the Town of Brookhaven, part of Suffolk County Tax Map No. 0200-007.00-01.0001.000, in connection with the Operation of a Fishing Station and Boating Facility

3. Introductory Local Law #36 of 2013 Amending Chapter 7A entitled Business Practices Article IIentitled Anti-Nepotism

4. Introductory Local Law #37 of 2013 - To Review the maximum charges set forth in Chapter 66-17 an

To Consider Enacting an Introductory Local Law amending Chapter 66 of the Code of the Town ofBrookhaven entitled "Towing Businesses" by amending section 66-16 entitled "Maximum PermittedCharges"

5. Introductory Local Law #38 of 2013 - Adding Chapter 83 of the Code of the Town of Brookhavenentitled "Vacant Building Registration" to require Annual Registration of Vacant Buildings

6. To Consider Condemnation of Parcel for Drainage Purposes for property located onAmagansett Drive, Sound Beach

XIII. Remaining General Public Comment

XIV. Resolution Agenda (only upon completion of all general public comment)

XV. Consideration Of Unfinished Business

XVI. Decisions Pending

From Tuesday, February 15, 2005

1. Silver Corporate Park, LLC L-1 Ind. to PRCHC Res., Yaphank, NY, File #03-014CZ

From Tuesday, November 15, 2005

2. Coram-Middle Island Land Use Plan - Parcels CMI #6 - Subject to Town Board's Own Motio

From Tuesday, June 08, 2010

3. To Consider Change of Zone on Town Board's Own Motion for certain parcels of propertylocated in Lake Ronkonkoma (PR-58)

From Tuesday, June 22, 2010

4. To Consider related Changes of Zone for the East Patchogue Area (EP-22 & EP-47)

From Tuesday, August 02, 2011

5. To Consider the Application of Brookhaven Village Square for a Change of Zone from L

Industrial 1 to J Business 2 on property located in Bellport

From Tuesday, January 22, 2013

6. Introductory Local Law #38 of 2012 - Amending Chapter 85 of the Code of the Town ofBrookhaven entitled "Zoning" by adding New Article XII, Next Generation Housing (NGH)District

7. Introductory Local Law #41 of 2012 - Amending Chapter 85 of the Code of the Town of

2:50 PM November 8, 2013 * Updated Public Hearing images may have been submitted to the Town since this agenda was publ


3/34

Brookhaven entitled "Zoning" by adding Article XLIII establishing the Carmans RiverWatershed Protection Overlay District and Amending Chapter 85-1 entitled "Defintions"

From Thursday, November 07, 2013

8. To Consider the 2014 Preliminary Operating Budget Inclusive of Special Districts pursuant tNew York State Town Law Section 108

9. To Consider the 2014-2018 Preliminary Capital Budget, exclusive of all Special Districts

10. To Consider the Matter of the Increase or Improvement of Facilities of Various SpecialDistricts for the 2014 Capital Budget pursuant to 202-b of the Town Law, in the Town ofBrookhaven, in the County of Suffolk, State of New York

XVII. Set Dates

1. Set Date for a Public Hearing to Amend the Uniform Traffic Code to be heard December 17,2013

XVIII. Adjournment



4/34

Date: 10/1/2013

ARTICLE VII, SECTION 26 - STOP AND YIELD INTERSECTIONS

STREET CONTROLS TRAFFIC

or RESTRICTIONHAMLET

DDITION(S)1)

E / EPSON CRSE BROOKHAVEN

District # 4

EPSON CRSE

WOODLAND AVE

TS ID#: 13-27

TC ID#: 21321

Choose One

STOP

DELETION(S)2)

WEST/ WAGON WHEEL

LN

CENTER MORICHES

District # 6

BERNSTEIN BLVD

WAGON WHEEL LN

TS ID#: 13-38

TC ID#: 21330

Choose One

STOP

DDITION(S)

N&S/ BERNSTEIN BLVD

W/ WAGON WHEEL LN

CENTER MORICHES

District # 6

BERNSTEIN BLVD

WAGON WHEEL LN

TS ID#: 13-38

TC ID#: 21329

Choose One

ALL WAY STOP

DDITION(S)3)

W/ GARDEN ST CENTEREACH

District # 3

GARDEN ST

SMITH LN

TS ID#: 13-32

TC ID#: 21331

Choose One

STOP

DELETION(S)4)

S/ HOMESTEAD DR CORAM

District # 4

HOMESTEAD DR

TELLER AVE

TS ID#: 12-31

TC ID#: 21318

Choose One

STOP

DDITION(S)

S/ HOMESTEAD DR

E&W/ TELLER AVE

CORAM

District # 4

HOMESTEAD DRTELLER AVE

TS ID#: 12-31

TC ID#: 21317

Choose One

ALL WAY STOP

ARTICLE VIII, SECTION 34 - RESTRICTED PARKING



DDITION(S)5)

BEG +/-100' N/O MARKETST CONT N +/-200'

CENTEREACH

District # 3

MARK TREE RD TS ID#: 13-32TC ID#: 21327

/W

NO PARKING ANYTIME

BEGIN TAYLOR AVE

CONT WEST +/- 87'

CENTEREACH

District # 3

VAN BUREN AVE TS ID#: 13-32TC ID#: 21328

/S

NO PARKING ANY

TIME

Printed Date:10/28/2013SetDateReport {C4E26FDA-D91C-42BE-8A8E-9843B5EAD46A}.rpt



5/34

ARTICLE VIII, SECTION 34 - RESTRICTED PARKING



DELETION(S)6)

BEG +/-200' E/O TENPOINT

LN CONT E +/-180'

EAST SETAUKET

District # 1

CABIN LN TS ID#: 13-06TC ID#: 21314

/N

NOPARKING- DURING

TIMES PER DIR OF

TRAFFIC SAFETY

DDITION(S)BEG +/-200' E/O TENPOINT

LN CONT E +/-290'

EAST SETAUKET

District # 1


/N

NO

PARKING- DURINGTIMES PER DIR OF

TRAFFIC SAFETY

BEG CAMPSITE LN CONT

W +/-100'

EAST SETAUKET

District # 1


/S

NOPARKING- DURING

TIMES PER DIR OF

TRAFFIC SAFETY

DDITION(S)7)

BTWN CLOVER ST &

POOSPATUCK LN

MASTIC

District # 6

ELEANOR AVE TS ID#: 13-32

TC ID#: 21322

/N

NO PARKING ANY

TIME

BTWN ELEANOR AVE &

NEPTUNE AVE

MASTIC

District # 6

CLOVER ST TS ID#: 13-32TC ID#: 21323

/E

NO PARKING ANY

TIME

BTWN ELEANOR AVE &

NEPTUNE AVE

MASTIC

District # 6

POOSPATUCK LN TS ID#: 13-32TC ID#: 21324

/W

NO PARKING ANYTIME

BTWN CLOVER ST &POOSPATUCK LN

MASTIC

District # 6

NEPTUNE AVE TS ID#: 13-32TC ID#: 21325

/S

NO PARKING ANYTIME

ARTICLE X, SECTION 60 - DESIGNATED EXCLUSIONS



DDITION(S)8)

BTWN MAIN ST & RED

BRIDGE RD

CENTER MORICHES

District # 6

HALLOCK LN TS ID#: 13-21TC ID#: 21326

Choose One

NO TRUCKS EXCEPT

LOCAL DELIVERY

Status of proposals shown: TCAPPROVED, TSAPPROVED, SETDATE, B-APPROVED, EFFECTIVE, or FINAL

Printed Date:10/28/2013SetDateReport {C4E26FDA-D91C-42BE-8A8E-9843B5EAD46A}.rpt



6/34

BROOKHAVEN TOWN BOARDBROOKHAVEN TOWN HALL AUDITORIUM -2nd FLOOR

ONE INDEPENDENCE HILL, FARMINGVILLE, NEW YORK

Tuesday, November 12, 2013 - 5:00 PM

AGENDA

Subject: Introductory Local Law #36 of 2013 Amending Chapter 7A entitled Business Practices

Article III entitled Anti-Nepotism

ATTACHMENTS:

Name: Description: Type:

revised_text.pdf text Cover Memo



7/34

INTRODUCTORY LOCAL LAW #36 OF 2013AMENDING CHAPTER 7 A OF THE CODE OF THE TOWNOF BROOKHAVEN ENTITLED, "BUSINESS PRACTICES"ARTICLE III ENTITLED, "ANTI-NEPOTISM"

Section 1. Legislative Intent t is the intent ofthis proposed Local Law to ensure public confidencein the integrity of municipal personnel by prohibiting the letting ofcertain contracts with immediatefamily members of certain Town of Brookhaven officials and employees.Section 2. Text Amendment Chapter 7A entitled Business Practices Article III entitled, AntiNepotism is hereby amended as follows: 7 A-22 Intent.

A. The Town Board of the Town of Brookhaven hereby finds that the enactment of thisarticle, which is designed to address the employment, supervision, transfers orrecommendation of immediate family members, regardless of time worked, of elected orappointed officials as defined under this article, shall promote the public interest, avoidthe possibility of personal bias, and strengthen public confidence in the integrity of theTown government. This article will ensure public confidence in the integrity of municipalpersonnel practices by requiring Town Board approval of the hiring, transfer or promotionof municipal officials' relatives who are assigned positions not subject to competitiveexamination pursuant to New York Civil Service Law.B. The Town Board of the Town of Brookhaven further finds that this article shall alsoaddress contracts, purchase orders or hiring, for work exempt LInder General MunicipalLaw to individuals who are immediate family members of elected or appointed officials, asdefined under this article, Commissioners or any other employees who are in asupervisory capacity over the contract, hiring or vendor, in any division or department ofthe Town of Brookhaven.

7 A-23 Applicability.A. The provisions of this article shall apply to all appointments (including transfers) madeon or after the effective date of this article. This article shall not apply to employment

and supervisory arrangements which existed and which were in effect in accordancewith applicable Town policy prior to the effective date of this article. However, anyfuture changes in employment or relationship status shall be governed under thisarticle.

B. This article shall apply to all contracts. hiring or purchase orders for work exemptunder the General Municipal Law which exist, or are in effect, as of the effective dateof this article and any contract, purchase order or hiring. for work made on or after theeffective date of this article.

2:50 PM November 8, 2013 * Updated Public Hearing images may have been submitted to the Town since this agenda was publis


8/34

7A 24 DefinitionsAs used in this article, the following terms shall have the meanings indicated:PPOINTED OFFICI LAll members of Zoning Board, Planning Board, Accessory Apartment Review Board,Board of Assessment Review, Board of Ethics and Bingo Inspectors.

ELECTED OFFICI LThe Supervisor, Highway Superintendent, Town Clerk, Tax Receiver, and all membersof the Town Board.

IMMEDI TE F MILYSpouse, grandfathers, grandmothers, grandsons, granddaughters, fathers, mothers,stepfathers, stepmothers, sons, daughters, stepsons, stepdaughters, brothers, sisters,uncles, aunts, nieces, nephews, first cousins, fathers-in-law, mothers-in-law, brothersin-law, sisters-in-law, daughters-in-law, or sons-in-law and the spouses of anymembers of the employee s immediate family. Immediate family also includes aperson who is in a spouse-like relationship to the employee.

7A 25 Prohibited employmentA. The employment of any individual to a position not being filled pursuant to CivilService Law competitive examination, or which is not being filled pursuant to therequirements set forth in a collective bargaining agreement between the Town and a

representative union, shall be prohibited when that individual is an immediate family relativeof an elected or appointed official.

B Any individual holding an elected or appointed position as defined under thisarticle, for which payment is made from funds administered by the Town of Brookhaven, shallbe prohibited from supervising, employing, appointing, or voting for the appointment ofmembers of his or her immediate family. in or to any position or employment when the salary,wages, p yor compensation of such appointee is to be paid out of such funds administeredby Brookhaven Town.

C The hiring of a contractor or vendor for work exempt under General MunicipalLaw shall be prohibited when that individual is an immediate family member of elected orappointed officials. as defined under this article, Commissioners or any other employees whoare in a supervisory capacity over the contractor or vendor in any department or division ofthe Town of Brookhaven. 7A 26 Affidavit

A. Any individual hired or promoted to a position not being filled pursuant to CivilService Law competitive examinations, or appointed pursuant to the requirements setforth in a collective bargaining agreement between the Town and a representative union,shall sign a sworn affidavit at least five business days prior to the commencement of

2:50 PM November 8, 2013 * Updated Public Hearing images may have been submitted to the Town since this agenda was publi


9/34

employment with the Town of Brookhaven stating whether or not such individual is arelative of any Town official, elected or appointed, as defined under this article. Thisaffidavit shall be filed with the Town of Brookhaven Personnel Division at least onebusiness d y prior to the commencement of employment with the Town of Brookhaven.B Any contractor or vendor hired for work exempt under General Municipal Law shallsign a sworn affidavit at least five business days prior to the commencement of thecontract with the Town of Brookhaven stating whether or not such individual is animmediate family member of elected or appointed officials, as defined under this article.Commissioners and any other employees who are in a supervisory capacity over thecontractor or vendor in any department or division of the Town of Brookhaven.

7 A-27 Exceptions.The Town Board may authorize an exception to the prohibitions under this article in

cases where it is determined to be in accordance with applicable law and in the best interestof the Town to grant an exception. Requests for exceptions shall be submitted as a resolutionby a member of the Town Board in accordance with this article. The Town Board shall hold apublic hearing at a regularly advertised and scheduled meeting; the Town Board may havethe opportunity to question the proposed employee. contractor or vendor, t said hearing. Amajority vote of the Town Board present t the meeting shall be required to approve such anexception for employment. contract or purchase order. 7A-28 Sanctions.

Any individual who fails to file an affidavit required by 7A-26 of this article shall beguilty of an unclassified misdemeanor punishable by a fine of 1,000 and/or a term ofimprisonment not to exceed six months and immediately terminated from employment at theTown of Brookhaven. Additionally, any false statement submitted on the affidavit or any otherviolation not covered by this section may be punishable in accordance with New York StatePenal Law.

Section 3. Authority. The Town Board is vested with the authority to make these amendment byLocal Law pursuant to Municipal Home Rule 1 and in conformance with Municipal Home RuleLaw 20.Section 4. Effective date This local law shall become effective immediately upon filing with theSecretary ofState ofthe State ofNew York.[( --------) indicates deletions; ( - indicates additions]Dated: October 31, 2013 PATRICIA A. EDDINGTON, TOWN CLERKFarmingville, New York TOWN OF BROOKHAVEN



10/34


11/34

PUBLIC NOTICENOTICE S HEREBYGIVENthatpursuanttoSection20(5)of theMunicipalHome

RulesLaw,apublichearingwillbeheldbytheTownBoard of theTownof BrookhavenintheTownAuditoriumatIndependenceHill,SecondFloor,Farmingville,NewYorkonNovember12,2013,at6:30p.m.toreviewthemaximumchargessetforthinChapter66-17andtoconsiderenactingthefollowingproposedIntroductoryLocalLaw:

INTRODUCTORYLOCALLAW#37OF2013AMENDINGCHAPTER66OFTHECODEOFTHETOWNOFBROOKHAVENENTITLED"TOWINGBUSINESSES"BYAMENDINGSECTION66-16ENTITLED"MAXIMUM

PERMITIE CHARGES."SUMMARY

ThislocallawwouldincreasetheallowablefeeschargedfortowingactivitieswithintheTown.This is asummaryof theproposedLocalLaw,afullcopyof whichisonfileintheTownClerk'sofficeand is availableforinspectionduringregularTownbusinesshours.

Atsaidpublichearinganypersonsinterestedshallbegiventheopportunitytobeheard.

~ . ~ / ~Dated: October12013 PATRICIA E I N G T O ~ O W N CLERKFarmingville,NewYork TOWNOFBROOKHAVEN



12/34

INTRODUCTORY LOCAL LAW #37 OF 2013ENTITLED "LOCAL LAW AMENDING CHAPTER 66 OF THE CODE OF THE TOWN OFBROOKHAVEN ENTITLED 'TOWING BUSINESSES" BY AMENDING SECTION 66-16ENTITLED "MAXIMUM PERMITTED CHARGES."

ection 1. Legislative Intent. This code amendment will increase the allowable fees chargedfor towing activities within the Town.ection 2. Text Amendment. Chapter 66 o the Code o the Town o Brookhaven entitled"Towing Businesses" Section 66-16 entitled "Maximum permitted charges." is hereby amendedby deleting the words with a strikethrough and adding the words underlined as follows:

66-16 Maximum permitted charges.A No tower shall charge more than the maximum charges set forth herein for each tow truckused in towing a motor vehicle picked up within the Town and towed to a place within the Townor, if said operator's designated depot, body shop or garage is outside the Town pursuant to66-3C above, to that location.B. No licensee shall charge more than the maximum charges set forth herein for each tow truckused in towing a motor vehicle picked up pursuant to 66-13 through 66-15.1 herein whentowed to the licensee's place o business or any location in the Town designated by the owneror person in charge o the motor vehicle.C. The maximum charge for towing vehicles involved in accidents utilizing the Suffolk CountyPolice Department light-duty tow roster shall be 44Q $170 regardless o the date and time othe tow. There shall be no additional fees i the towing occurs on weekends or holidays. Alltowing charges for nonaccident vehicles, impounded vehicles, including vehicles impoundedpursuant to 511-b o the New York State Vehicle and Traffic Law, and for vehicles constitutingroad hazards utilizing the Suffolk County Police Department nonaccident tow roster shall be$44Q-$170.D. The maximum charge for towing vehicles when called directly from the Town o Brookhavenshall be ~ 1 4 0 . payable to the towing vendor. The Town o Brookhaven tow roster shallinclude all Town o Brookhaven medallion towing vendors on a rotating basis.E. Fees for related services shall not exceed the following:(1) Winching: $4Q-$65 per half hour.(2) Dollying: $50.(3) Labor: $40 $65 per half hour to right an overturned vehicle.(4) Yard charge: $45 per half hour.(5) Clean-up charge: $35.



13/34

(6)SpeedyDry: $10perbag.t4 l l Storage: $35perday.Thelicenseemustobtainthewrittenconsentof theownertochargemoreforindoorstoragethanforoutdoorstorageof thevehicleafterthefirst24hours.Depotslocatedentirelywithinabuildingsuchthatallstorageisinsidemaycharge $35perday.faj lID Waitingtime:$20per1 2 hourforeach1 2 hourof waitingtimeafter40 minutes'waitingwithoutbeingabletowork.Suchwaiting-timefeemustbeapprovedin writingbythepoliceofficerin chargeatthesceneonaformapprovedbytheTown.t&)lID Townadministrativefeeof $170.SuchadministrativefeeisdueandpayabletotheTownof Brookhaven in ordertoreclaimatowedvehicle.F. Thetowtruckoperatorshallberequiredtoprovidetotheoperatorof thevehiclebeingtowedaprintedfeeschedule,proceduresforredeemingthevehicleandalistof hoursof operationandbusinessdays.Saidscheduleshallbeprovidedtotheoperatorof thevehicleatthesceneof thetoworif notpracticablebyfirstclassmailwithin24hoursof thetowtotheregisteredownerofthevehicle.G Themaximumpermittedchargesstatedin this 66-16shallnotapplytothemedium-dutyorheavy-dutyroster.

ection 3. Authority. TheTownBoardis vestedwiththeauthoritytomaketheseamendmentsbylocallawpursuanttoMunicipalHomeRuleLaw10andinconformancewithMunicipalHomeRuleLaw20. ection4. ThislocallawshallbecomeeffectiveimmediatelyuponfilingwiththeSecretaryofStateof theStateof NewYork.

~ ~ / . ~Dated: October1 2013 PATRICIAA. E I N G T O N ~ O W N CLERKFarmingville,NewYork TOWNOFBROOKHAVEN



14/34


15/34

PUBLIC NOTICENOTICES HEREBYGIVENthatpursuanttoSection20(5) of theMunicipalHome

RulesLaw,apublichearingwi"beheldbytheTownBoard of theTownof Brookhaven in theTownAuditoriumatIndependenceHill,SecondFloor,Farmingville,NewYorkonNovember12,2013,at6:30p.m.toconsiderenactingthefollowingproposedIntroductoryLocalLaw:

INTRODUCTORYLOCALLAW#38OF2013ADDINGCHAPTER83OFTHECODEOFTHETOWNOFBROOKHAVENENTITLED"VACANTBUILDINGREGISTRATION"TOREQUIREANNUALREGISTRATIONOFVACANTBUILDINGS

SUMM RYThislocallawwi"requireanannualregistration of vacantandabandonedbuildings,structuresanddwellingsintheTownof Brookhavenwhichcauseadeterioration ofcommunitiesandareaswithintheTown.RegistrationwillenabletheTowntohavecontactinformationforownerstoholdthemaccountable.Thisisasummaryof theproposedLocalLaw,afullcopyof whichisonfile in theTownClerk'sofficeand isavailableforinspectionduringregularTownbusinesshours.Atsaidpublichearinganypersonsinterestedshallbegiventheopportunitytobeheard.

. h H t / . ~Dated: October1 2013 PATRICIAA E I N G T O N ~ O W N CLERKFarmingville,NewYork TOWNOFBROOKHAVEN



16/34

INTRODUCTORY LOCAL LAW #38 OF 2013ENTITLED LOCAL LAW ADDING CHAPTER 83 OF THE CODE OF THE TOWN OFBROOKHAVEN ENTITLED VACANT BUILDING REGISTRATION TO REQUIRE ANNUALREGISTRATION OF VACANT BUILDINGS

Section 1. Legislative Intent. This code amendment will require an annual registration ofvacant and abandoned buildings, structures and dwellings in the Town of Brookhaven whichcause a deterioration of communities and areas within the Town. Registration will enable theTown to have contact information for owners to hold them accountable.

Section 2. Text Amendment. Adding Chapter 83 of the Code of the Town of Brookhavenentitled Vacant Building Registration by adding the words underlined as follows:83-1 Legislative Intent

The Town Board finds that the proliferation of vacant and abandoned buildings. structures anddwellings in the Town of Brookhaven causes a deterioration of communities and areas withinthe Town of Brookhaven and has a negative impact on the value of property in close proximityto the vacant and abandoned buildings, structures and dwellings. Furthermore, the Town Boardfinds that vacant and abandoned buildings. structures and dwellings have caused a seriousthreat to the safety and welfare of the residents of the Town and had eroded the quality of life ofall who live and work n the Town. Abandoned and vacant buildings, structures and dwellingsare places of infestation of rodents. vermin. insects, wild animals and other health-threateningcreatures and diseases. provide shelter to criminals and vagrants who use such places to evadethe police and to conduct illicit activities. and are an attractive nuisance to children and adultsalike. This chapter shall not apply to property located n the Great South Beach (Fire Island)which will be regulated by 85-170.1 of the Code of the Town of Brookhaven.

83-2 efinitionsFor purposes of this section. the following words and phrases shall have the meaningsrespectively ascribed to them as follows:BOARDED: A building or structure with sheet's) of plywood, wood or similar material(s) in placeof one or more exterior doors. other than a storm door. or of one or more windows. there s asheet or sheet of plywood or similar material covering the space for such door or window.EXTERIOR MAINTENANCE: The safe and lawful maintenance of the facade, windows, doors,roof. and other parts of the exterior of the building.



17/34

MAJOR SYSTEMS: The maintenance o its major systems consisting o the roof, the electricaland plumbing systems, the water supply system, the sewer system, and the sidewalk, driveway,if any, and area o the lot.OCCUPIED: Any building or structure wherein one or more persons actually conducts a lawfulbusiness or resides in all or any part o the building as the licensed business occupant. or as thelegal or equitable owner/occupant s) or tenant s) on a permanent. non-transient basis, or anycombination o the same. For purposes o this section, evidence offered to prove that a buildingis so occupied may include, but shall not be limited to. the regular receipt o delivery o regularmail through the United States Postal Service; proof o continual telephone, electric. gas,heating, water and sewer services; a valid town business license, or the most recent. federal.state, or city income tax statements indicating that the subject property is the official business orresidence address o the person or business claiming occupancy; or proof o pre-rentalinspection.OWNER: Any person. partnership. corporation or other entity who, alone or jointly with others.shall have legal title to any premises. with or without accompanying actual possession thereof;or who shall have charge, care or control o any dwelling unit as a cooperative shareholder or asexecutor, administrator. trustee, receiver or guardian o the estate or as a mortgagee npossession. title or control; including but not limited to a bank or lending institution, regardless ohow such possession, title or control was obtained.VACANT: A building or structure where no person or persons actually currently conducts alawfully licensed business, or lawfully resides or lives n any part o the building as the legal oreguitable owner s) or tenant-occupant s), or owner-occupant s). or tenant s) on a permanent,non-transient basis.

83-3 Annual registration o vacant buildings and registration fees.1) Applicability.

All vacant buildings, including dwellings, shall be registered is to assist the Town nprotecting the public health, safety and welfare, to monitor the number o vacant buildings in theTown, to assess the effects o the condition o those buildings on nearby businesses and theneighborhoods n which they are located, particularly in light o fire safety hazards and unlawful,temporary occupancy by transients, including illicit drug users and traffickers, and to require ofthe owners o such vacant buildings their registration and the payment o related fees. and topromote SUbstantial efforts to rehabilitate such vacant buildings. The provisions o this sectionare applicable to the owners o such vacant buildings as set forth herein and are n addition toand not n lieu o any and all other applicable provisions of this chapter, the health and sanitationcode, and any other applicable provisions o the Brookhaven Town Code.

2) Vacant building registration and fees.



18/34

A. Any owner of any building which has been vacant for more than 120 consecutive daysshall file with the Town Clerk a Vacant Building Registration. Said Registration shall be in aform prescribed by the Town Clerk which shall include the street address and parcel number ofeach such vacant building. the names and addresses of all owners, in accordance withsubsections a-f below, and any other information deemed necessary by the Town Clerk, andshall be notarized. The registration fee(s), as required herein, shall be billed by the Town Clerkand shall be paid by January 1 of each year. For purposes of this section, the following shallalso be applicable:

raJ If the owner is a corporation, the names and residence addresses of all officers anddirectors of the corporation shall be provided and shall be accompanied by a copy of themost recent annual franchise tax report filed with the Secretary of State;[b If the owner is an estate, the name and business address of the executor oradministrator of the estate shall be provided:[c If the owner is a trust. the name and address of all trustees, grantors, andBeneficiaries shall be provided;rd]lf the owner is a partnership, the names and residence addresses of all partners withan interest often 10 or greater shall be provided;[e] If the owner is any other form of unincorporated association, the names and residenceaddresses of all principals with an interest of 10 or greater shall be provided:[t If the owner is an individual person, the name and residence address of that individualperson shall be provided.(3) Local agent.If none of the persons listed in subsections a f above are within the State. the registrationstatement also shall provide the name and address of a person who resides within the State andwho is authorized to accept service of process on behalf of the owners and who shall bedesignated as a responsible, local party or agent. both for purposes of notification in the event ofan emergency affecting the public health, safety or welfare and for the purposes of service ofany and all notices or registration statements as herein authorized and in connection herewith.(B) Registration shall be required for all vacant buildings, whether vacant and secure,vacant and open or vacant and boarded, and shall be required whenever any building has

remained vacant for 12 consecutive days or more. In no instance shall the registration of avacant building and the payment of registration fees be construed to exonerate the owner, agentor responsible party from responsibility for compliance with any other building code or housingcode requirement.

(4) Fee.One Vacant Building Registration may be filed to include all vacant buildings of an ownerso registering, however a fee shall be paid for each property. The owner of the vacant2:50 PM November 8, 2013 * Updated Public Hearing images may have been submitted to the Town since this agenda was publi


19/34

property(ies) as of November 1 of each calendar year shall be responsible to register and paythe nonrefundable registration fee. Said fee shall be billed by the Town Clerk annually onNovember 1 and based on the duration of the vacancy as determined by the following scale:raj For properties that are vacant for less than one year: 100.[b] For properties that are vacant for more than one year on the anniversary, but lessthan two years: 500.[c] For properties that are vacant for at least two years on the anniversary, but less thanthree years: 1,000.[d] For properties that are vacant for at least three years on the anniversary, but less thanfive years: 2,000.[e For properties that are vacant for at least five years on the anniversary. but less thanten years: 3,500; and[f] For properties that are vacant for at least 10 years on the anniversary: 5,000; plus anadditional 500 for each year in excess of 10 years.(4) Appeal rights.The owner shall have the right to appeal the imposition of the registration fees to theCommissioner of Planning Environment and Land Management. upon filing an application inwriting with the applicable nonrefundable filing fee of 50 to the Town Clerk no later than thirty30 calendar days from the date of the billing statement. On appeal, the owner shall bear theburden of providing proof that the building is occupied.(5) One-time waiver of registration fee.A one-time waiver of the registration fee for up to 90 days may be granted by the TownClerk upon application of the owner and upon review and advice of the Town Attorney. within 30

calendar days from the date of the bill for the registration fee, or if denied by the Town Clerk,upon appeal to the Commissioner of Planning Environment and Land Management. if theowner:fA) Demonstrates with satisfactory proof that he/she is in the process of demolition.rehabilitation, or other substantial repair of the vacant building; and demonstrates theanticipated length of time for the demolition, rehabilitation, or other substantial repair ofthe vacant building;8) or demonstrates he/she is actively attempting to sell or lease the property during thevacancy period;

(C) and is current on all registration fees and all other financial obligations and/or debtsowed to the Town which are associated with the vacant property.6) Two-year waiver.Upon application by the owner and satisfaction of Subsection 5 above, the Town Clerkmay grant a one-time two-year waiver of the registration fee, or if denied by the Town Clerk,upon appeal to the Commissioner of Planning Environment and Land Management, if the owner



20/34

meets the criteria for nonprofit organizations as defined by section 501 (cll3) of the InternalRevenue Code.(7) Delinquent registration fees as a lien.(a) After the owner is given notice of the amount of the registration fee due. except forthose owners that have properly perfected an appeal as provided above, and the ownerfails to pay the amount due, said amount shall constitute a debt due and owing to theTown;(b) Duty to amend registration statement. If the status of the registration informationchanges during the course of any calendar year, it is the responsibility of the owner.responsible party or agent for the same to contact the Town Clerk within 30 days of theoccurrence of such changes and advise the Town Clerk in writing of those changes;(c) Exceptions. This section shall not apply to any building owned by the United States.the State, the County, nor to any of their respective agencies or political subdivisions;

83 4 Duty o the Clerk to maintain and notify.The Town Clerk shall maintain the Vacant Building Registrations in the normal course ofbusiness and shall notify the local police. fire and ambulance services of all locations on theregistry.

835 Violations; penalties.Any owner, or agent of an owner acting on behalf of the owner, who fails to register avacant building or to pay any fees required to be paid pursuant to the provisions of this section,within 30 days after they become due, shall constitute a violation punishable upon convictionthereof by a fine in the amount of not less than $1,000 nor more than $15,000 for each failure toregister, or for each failure to pay a required vacant building registration fee.

Section 3 Authority. The Town Board is vested with the authority to make theseamendments by local law pursuant to Municipal Home Rule Law 10 and in conformance withMunicipal Home Rule Law 20 and Town Law 264 and 265.Section 4. This local law shall become effective immediately upon filing with the Secretary ofState of the State of New York.

~ ~ / ~Dated: October 1 2013 PATRICIA A E I N ~ T O N ~ O W N CLERKFarmingville, New York TOWN OF BROOKHAVEN



21/34

PUBLIC NOTICENOTICEISHEREBYGIVENthatpursuanttoSection20(5) of theMunicipalHome

RulesLaw,apublichearingwillbeheldbytheTownBoard of theTownof Brookhaven in theTownAuditoriumatIndependenceHill,SecondFloor,Farmingville,NewYorkonDecember18,2012,at6:30p.m.toconsiderenactingthefollowingproposedIntroductoryLocalLaw:

INTRODUCTORYLOCALLAW#38OF2012AMENDINGCHAPTER85ENTITLED"ZONING"BYADDINGNEWARTICLEXII, NEXTGENERATIONHOUSING(NGH)DISTRICT

SUMM RYThislocallawwouldcreateanewmixed-usezoningdistricttoencouragepedestrianorienteddevelopment.Thisisasummaryof theproposedLocalLaw,afullcopyof whichisonfile in theTownClerk'sofficeandisavailableforinspectionduringregularTownbusinesshours.Atsaidpublichearinganypersonsinterestedshall be giventheopportunitytobeheard.

. / ~ , ~ / . ~Dated: October11 2012 PATRICIAA EDDINGfoN TOWNCLERKFarmingville,NewYork TOWNOFBROOKHAVEN



22/34

INTRODUCTORY LOCAL LAW #38 OF 2012ENTITLED: "LOCAL LAW AMENDING CHAPTER 85 ENTITLED "ZONING" BY ADDING NEWARTICLE XII, NEXT GENERATION HOUSING (NGH) DISTRICT

Section 1. Legislative Intent. This local law would create a new mixed-use zoning district toencourage pedestrian oriented development.Section 2. Text Amendment. Chapter 85, entitled "Zoning" by adding New Article XII, NextGeneration Housing (NGH) District.NEW:

NEXT GENERATION HOUSING(NGH) DISTRICT

ARTICLE XU. Next Generation Housing (NGH) District 85-108. Legislative intent.The Next Generation Housing (NGH) District seeks to remedy the most pressing problems associated with recentsuburban expansion - low-density, auto-oriented. single-use developments lacking in context and distinction as aunique community. Often in current zoning districts, segmentation of residential and commercial uses is requiredresulting in automobile dependence. This design pmctice results in the loss of community vitality and makesneighborhoods unwelcoming to pedestrians and bicyclists. t also increases traffic.However. zoning utilizing Next Generation Housing (NGH) development that mixes uses in a compact area canachieve a high quality neighborhood. NGH zoning can e an extremely effective tool that communities can use toguide new development patterns that are civic-oriented, pedestrian-friendly. economically vibrant. environmentallysustainable, and evoke a unique sense of place. NGH zoning district is intended to e characterized by compact,pedestrian-oriented developments that provide a variety of uses. diverse housing types. and are anchored y acentral public space and civic activity. NGH is also based on the principle that neighborhoods should be walkable.affordable, accessible, distinctive. and in Brookhaven. true to the significant character and context of eachcommunity. Public and private spaces have equal importance. creating a balanced community that serves a widerange ofhome and business owners. The inclusion of civic buildings and civic space -- in the form ofplazas.greens. parks and squares -- enhances community identity and value. The NGH should provide a sustainable. longterm community that provides economic opportunity and environmental and social equity for the residents.NGH can e used to revitalize existing town centers and neighborhoods or build new ones at transit nodes and inother locations. Current and future public transit stops are important places to consider during the planning stages tomaximize access to alternatives forms of transport. Development within the NGH district should strive to achievethe following goals: Parks, schools. civic buildings. and commercial establishments located within walking distance ofhomes.



23/34

Residences and businesses with narrow front setbacks. front porches. and detached rear garages or alley-loadedparking. Network of streets and paths suitable for pedestrians. bicyclists, and vehicles. Narrower streets with crosswalks, streetscaping. and other traffic-calming measures. In-scale development that fits the local context. Buildings oriented to the street with parking behind. Integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping

needs of the residents. Encourages walking and biking, enhance transit service opportunities. and improves traffic safety throughpromoting low speed, cautious driving while fully accommodating the needs ofpedestrians and bicyclists.

must be noted, as with any other zoning category/district. the Next Generation Housing (NGH) District can onlybe achieved through a change of zone process through the Town Board. If so, a town board public hearing wouldbe scheduled. Only after the Town Board has held a public hearing specific to the parcel(s) in question and foundthe zone change compatible with previous town zoning master plans, land use plans and hamlet studies applicableto that parcel(s), and the Town Board has made the decision to change the zone to the NGH District can thefollowing apply.

85-108.1. Site location.A. Location ofmultifamily residences shall be based upon its NGH Location and Density Achievement Score asdetermined and calculated by the Board having jurisdiction.B. The NGH Location and Density Achievement Score shall be the sum of the Location Characteristics Scoreand the Proximity ofBasic Community Services Score.C. Location characteristics.

1) The Location Characteristics Score shall be detennined by the sum of the points for each of the criterialisted below, on a scale of 0-65 points with 65 points representing the maximum positive locationcharacteristics and 65 points representing the maximum negative location characteristics.2) Negative location characteristics points shall be subtracted from positive location characteristics pointsto determine the total Location Characteristics Score.3) Positive location characteristics points are:i) Plus 1 points for a property that is within 2,640 feet of a transit oriented development, anexisting downtownlhamlet center or a MTAILong Island Rail Road station.ii) Plus 1 points for property that is located on a major arterial highway.iii) Plus 1 points for a property that is located within an existing sewer district with appropriatecapacity or can connect to existing sewage treatment plant.

iv) Plus 1 points for a property that is within 2.640 feet of an existing mixed use, multi family,retirement or assisted living community.v) Plus 1 points for a property that complies with the local land use plan, comprehensive plan orcorridor study.vi) Plus 5 points if the majority of the property has been previously developed.vii) Plus 5 points if the majority ofbuildings on the property have been vacant for more than 1 year.viii) Plus 5 points ifthe majority of the property has buildings that have boarded windows/doors orfayade seriously dilapidated.4) Negative location characteristics points are:i) Minus 1 points for a property not within 2,640 feet of a transit oriented development, hamletcenter or MTNLong Island Rail Road station.ii) Minus 1 points for a property that is not located on a major arterial roadway.



24/34

iii Minus 5 points for a use not in compliance with the local land use plan, comprehensive plan orcorridor study.iv) Minus 5 points for a property that is not located within an existing sewer district that hascapacity or can not connect to existing sewage treatment plant.v) Minus 5 points for a property that is located within a Historic District, Historic DistrictTransition Zone, or building that is a Town Board Designated Historic Landmark or listed onthe New York State and/or National Register o Historic Places.vi) Minus 5 points for a property located within Federal Emergency Management Agency specialflood hazard area as designated on the Flood Insurance Rate Maps (FIRM).vii) Minus 5 points for a property that is located within 150 feet o a wetland or surface water.viii) Minus 5 points for a property located within a Special Groundwater Protection Area or PineBarrens Compatible Growth Area.ix) Minus 5 points for a property that has on-site or is located within 535 feet o an endangered,rare or threatened species.x) Minus 5 points for a property that is not within 2,640 feet o an existing mixed use, multifamily, retirement or assisted living community.xi) Minus 5 points for a property that has 85 percent or greater natural vegetation (existing clearingshall not be the result o a recent violation).

D. Proximity o Basic Community Services.1) The Proximity o Basic Community Services Score shall be determined by the sum o the points foreach o the criteria listed below, on a scale o 0-80 points.2) A basic community services may only be counted once and must be either within 2,640 feet o theproperty along a major arterial roadway or within 1,320 feet o the property boundary.3) Up to 3 Basic Community Services can be proposed by an existing land use application off-site and upto 5 can be proposed on-site.i) 10 points for a library.ii) 10 points for a school.iii) 10 points for a supermarket.iv) 5 points for a public bus stop.v 3 points for a post office.vi) 3 points for a park.vii) 2 points for a museum.viii) 2 points for a theater.ix) 2 points for a place o worship.x) 2 points for a New York State Licensed Adult Care Facility.xi) 2 points for mixed use, multi family, retirement or assisted living community/residences.xii) 2 points for a day care facility.xiii) 2 points for a fitness center.xiv) 2 points for a personal service shop.xv) 2 points for a neighborhood hardware store.xvi) 2 points for a bank.xvii) 2 points for a medical/dental office.xviii) 2 points for a civic center.xix) 2 points for a convenience grocery.xx) 2 points for a large home improvement storexxi) 2 points for a department store or large commercial retailer.xxii) 2 points for a pharmacy.xxiii) 2 points for a take out, deli or restaurant use.xxiv) 2 points for a major restaurant.xxv) 2 points for a laundromat.xxvi) 1 points for a dry cleaner.



25/34


26/34

D Pedestrian and Bicycle Access:1 The provision for safe and convenient pedestrian access shall be incorporated into plans. Plans shallprovide for continuity from sidewalks in public streets to all pedestrian entrances on site andwalkability should be given significant importance.2) Design should provide enhanced pedestrian access to buildings, sidewalks and parking area and shouldbe planned with consideration ofpedestrian safety, accessable access and visual quality.3) Off-street bicycle parking shall be provided forward of the mixed use dooryard area at one rack 10,000s.f.4) Were appropriate, applicants are encouraged to provide pedestrian and/or bicycle paths connecting thesite with abutting areas in order to promote pedestrian and bicycle circulation and safety.5) Bike paths shall be provided along any roadway that connects the development to an street orcommunity.E. Architecture design shall be consistent with The Main Street Business Design Manual dated July 2003, andany amendments thereto, on file in the office of the Town Clerk of the Town ofBrookhaven and in the officeof the Town ofBrookhaven Department ofPlanning, Environment and Land Management.F. Landscaping criteria. All development shall comply with the residential buffer regulations in 85-50.B ofthis chapter.

G. Recreational facilities. The owner or developer shall set aside an area for outdoor recreational purposesexclusively for the use of the occupants of such development and their guests. Such recreational area shall beequal to the number of units multiplied by 200 square feet for each dwelling unit. Such area shall be shownas part of the site plan. The recreational area may include play lot facilities and equipment, group game areasor swimming pools. Such area shall be improved, constructed and maintained at the expense of the owner orowners thereof. Landscaped areas, which are not developed for recreational purposes, shall not be deemed tosatisfy the requirements of this section. In addition, the owner shall pay to the Town a recreational fee as setforth in the Town Code Chapter 29 to be used for the acquisition and improvement of recreational areas inthe Town.

H Affordable housing. t is the intent of this section oflegislation, to be adopted pursuant to the Town's HomeRule authority pursuant to and in conformance with: New York State Constitution Article IX 2 (c);Municipal Home Rule Sections: 10 sub 1 a. (1),(3 ),(11), and (12) :10 sub I d.(3); Municipal Home Rule 20;New York State Town Law ,Article 4, Section 64 (23) and New York State Town Law Article 16 and anyother applicable or successor law, presently in existence or hereinafter enacted. Said adoption to be done tothe extent that provisions of same which exceed those requirements established pursuant to GeneralMunicipal Law Section (GML) 699-b (Part ofthe statutes known as the Long Island Workforce HousingAct), are to be deemed as superseding such Special Law pursuant to and in conformance with all of theaforementioned and via Municipal Home Rule 22: specifically exceeding the 10% requirement asdelineated in GML 699-b 1(a).1 Minimum requirements. A minimum of 20% of all units permitted shall be maintained as affordableunits in accordance with Town standards. In no case shall less than one affordable or workforce unitbe provided. All fractions shall be rounded up to the nearest whole number.2) Affordable housing units shall be affordable in perpetuity. Applicant/owners shall enter into acontract with local not for profit housing advocacy group to administer the affordability of the housingunits.

85-110. Base yield, density increase requirements and permitted density.A. Base Yield1 Base Yield for land which was previously zoned commercially or industrially shall be based upon adensity of three units per acre.2) Base Yield for residentially zoned land shall be the product of the total acreage multiplied by 43,560square feet, divided by the dimensional area requirement of the existing residential zoning district,multiplied by a factor of 0.825. Alternatively, a yield map may be submitted to determine residentialbase yield. Base Yield shall exclude areas of open water and mapped wetlands.2:50 PM November 8, 2013 * Updated Public Hearing images may have been submitted to the Town since this agenda was publi


27/34

3) Base Yield for multiple zoned parcels shall be the sum of the base yield for each zoning districtB. Density increase requirements. Public benefits and the redemption ofPine Barrens development credits shallbe utilized to obtain an increase in density or intensity of development. An increase in density abovepermitted base density shall meet all of the following requirements:1) PBC redemption. PBC redemption shall be calculated at a rate of 5% of the total number of unitsabove base density. In the event that the Pine Barrens Credit Clearinghouse determines that PineBarrens Credits are not readily available, then a payment in lieu may be substituted at an equivalentcost to the current value ofPine Barrens credits as determined by the Pine Barrens CreditClearinghouse.2) Public benefit shall be calculated at a rate of 10% of the total number of units above base density shallbe provided and shall have an equivalent value of two times the total value of the required redemptionof Pine Barrens Credits. Community benefits shall be consistent with Town Law Section 261-b andshall be consistent with polices established by the Commissioner of the Department of Planning,Environment and Land Management.

C. Permitted density. The maximum permitted density shall be based upon the base yield of the subject parceland may be increased in accordance with the following provisions:1) For a NGH Location and Density Achievement Score between thirty (30) through forty four (44)points, density may be increased in a range of two (2) through five (5) units per acre. subject to the

density increase requirements in this Chapter.2) For a NGH Location and Density Achievement Score between forty five (45) through sixty (60)points, density may be increased in a range of five (5) through eight (8) units per acre, subject to thedensity increase requirements in this Chapter.3) For a NGH Location and Density Achievement Score greater than sixty points, density may beincreased to a maximum of fourteen (14) units per acre, subject to the density increase requirements inthis Chapter.D. The Town Board may adjust the total number of Pine Barrens development credits permitted on a change ofzone petition based upon the inclusion of any other special public benefit feature, as defined in ArticleXXXIIA of this chapter. 85-110.1. Severability.In the event any clause, sentence, section. paragraph or provision of this article shall beadjudged by a court of competent jurisdiction to be invalid. such judgment shall not affect, impairor invalidate the remainder of this article, but shall be confined in its operation to the clause,sentence, section. paragraph or provision directly involved in the controversy in which suchjudgment shall have been rendered.Section 3. Authority. The Town Board is vested with the authority to make theseamendments by local law pursuant to Town Law 264 and 265, Municipal Home Rule Law 10and in conformance with Municipal Home Rule Law 20.Section 4. This local law shall become effective immediately upon filing with the Secretary ofState of the State of New York.

~ ; ~ ~ ~Dated: October 11, 2012 PATRICIA A. EDoINGN TOWN CLERKFarmingville, New York TOWN OF BROOKHAVEN



28/34

PU LIC NOTI ENOTICE IS HEREBY GIVEN that pursuant to Municipal Home Rule Law Section 20(5),

a public hearing will be held by the Town Board of the Town of Brookhaven n the Town Auditorium aIndependence Hill, Second Floor, Farmingville, New York on December 18, 2012, at 6:30 p.m. toconsider enacting the following proposed Local Law:

INTRODUCTORY LOCAL LAW #41 OF 2012

INTRODUCTORY LOCAL LAW AMENDING CHAPTER 85OF THE CODE OF THE TOWN OF BROOKHAVENENTITLED "ZONING" BY ADDING ARTICLE XLIII

ESTABLISHING THE CARMANS RIVER WATERSHEDPROTECTION OVERLAY DISTRICT AND AMENDING

CHAPTER 85 1 ENTITLED "DEFINITIONS"SUMMARY

The proposed Local Law would enhance protection of the Carmans River WatershedProtection Overlay District and to protect the unique natural resources and ecosystems of theCarmans River Watershed Protection Overlay District.

This s a summary of the proposed local law, a full copy of which is on file in the Town Clerk'sOffice and s available for inspection during regular Town business hours.

t said public hearing any person interested shall be given the opportunity to be heard.

~ ; M / ~Dated: October 11, 2012 PATRICIAA. E I N G T ~ T O W N CLERKFarmingville, New York TOWN OF BROOKHAVEN



29/34

L

INTRODUCTORY LOCAL LAW 41 OF 2012INTRODUCTORY LOCAL LAW AMENDING CHAPTER 85 OF THE CODE OFTHE TOWN OF BROOKHAVEN ENTITLED ZONING BY ADDING ARTICLEXLIII ESTABLISHING THE CARMANS RIVER WATERSHED PROTECTION

OVERLAY DISTRICT AND AMENDING CHAPTER 851 ENTITLEDDEFINITIONS

Section1. LegislativeIntent. It istheintentofthisproposedLocalLawtoaccomplishenhancedprotectionoftheCarmansRiverWatershedProtectionOverlayDistrictandtheprotectionof theuniquenaturalresourcesandecosystemsof theCarmansRiverWatershedProtectionOverlayDistrict.Section2. TextAmendment. Chapter85 entitled"Zoning"isherebyamended asfollows:

ARTICLEXLllI.CarmansRiverWatershedProtectionOverlayDistrict85-513. Intent. ItisherebyfoundanddetenninedbytheTownBoardof theTownofBrookhaventhatthisarticleisenactedtoaccomplishenhancedprotectionof theCarrnansRiverWatershedProtectionOverlayDistrictandtheprotection of theuniquenaturalresourcesandecosystemsof theCarrnansRiverWatershedProtectionOverlayDistrictby implementingthefollowingobjectives:A. Creationof theCarrnansRiverWatershedProtectionOverlayDistrict.S. PromotetheclusteringofpotentialfuturedevelopmentwithintheCarrnansRiverWatershedProtectionOverlayDistrict.C. EncourageclusteringofdevelopmenttoappropriateparcelsoutsidetheCarrnansRiverWatershedProtectionOverlayDistrict,D. CreationofdevelopmentstandardstoguidepotentialfuturedevelopmentwithintheCarmansRiverWatershedProtection

OverlayDistrict.E. Contributetothecreationof acommunitywidegreenbeltsystemforthebenefit.recreation,enjoymentandinterconnection ofpresentandfutureresidents.F. ConserveundevelopedlandfortheputposeofprotectingtheresourcesoftheCarrnansRiverWatershedProtectionOverlayDistrictincontiguous,un-fragmented,commonlymanagedlandscapesto:

1. Protectlarge.intactwildlifehabitatareasandconnectpatchesofwildlifehabitattosupportgreaterbiodiversity,maintainecosystemprocessesandallowlarger.healthierpopUlationsto persist:and2. Minimizeedgeconditionsandassociatedcolonizationbyinvasiveplantspecies.G. Encourageinnovationandpromoteflexibility.economyandingenuityin development.H. Providegreaterefficiencyinthesitingof servicesandinfrastructure,includingtheopportunitytoreducethelengthof roads,

utilityruns,andtheimperviouscoverrequiredfordevelopment.Provideawiderrangeof feasiblelocationsforstormwaterandwastewaterfacilitiesinordertocomplywithprevailingstate-ofthe-artdesignsandbestmanagementpractices.

1. Protectwaterqualityandreduceerosionandsedimentationbyretainingexistingvegetationandminimizingdevelopmentonsteepslopes.K. Implementlanduse,openspace,andcommunitypoliciessetforthinthemunicipality'sComprehensivePlan.

85-514. CarrnansRiverWatershedProtectionOverlayDistrictDesignation.

A. TheCarrnansRiverWatershedProtectionOverlayDistrictisthatareathataffectstheenvironmentalhealthandquality(waterquality,habitats.biodiversity,andg>eciesabundanceanddistribution)of theCarrnansRiveraswelltheaquatic,riparianandterrestrialcommunitiesthatcomprisetheRiver'secosystem.andwhichisdescribedbelow.1. GroundwaterContributingSub-Area.

i. The0-25yearlongtermaverageprecipitationgroundwatercontributingareaasidentifiedandmapped by CDMasshowninitsreporttotheTownofBrookhavendatedJanuary4,2011.S. Notwithstandingtheabove.theTownshallreviewwithgreaterscrutinytheenvironmentalimpactsof applicationsfordevelopmentoutsideof theCarmansRiverWatershedProtectionOverlayDistrict.butwithinthe25-100yearlongtermaverageprecipitationgroundwatercontributingareaasidentifiedandmapped byCDMasshowninitsreporttotheTownofBrookhavendatedJanuary4,2011.



30/34

8S SIS. Environmental Survey Requirements.1. Each application for development within the Carmans River Watershed Protection Overlay District whose total site area isgreater than one acre shall submit an environmental conditions survey and necessary supporting written materials to identifysignificant on-site environmental elements including but not limited to:

1. All areas of open water, rivers, streams, lakes, wetlands, all water bodies including recharge basins and other hydrologicfeatures.2. All areas mapped as Floodplain by the Federal Emergency Management Agency (FEMA) other than Zone X.3. Delineate and identify general vegetative cover conditions on the property according to general cover type including butnot limited to cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland and wetland,specimen trees, types of ecological communities and significant habitat areas on the site. The geographic extent of thehabitat shall be identified by a qualified biologist, a non-governmental conservation organization or the appropriate locastate or regional agency. Vegetative types shall be described by plant community, relative age and condition.4. Determine if species identified are candidates for listing under the Federal Endangered Species Act. the New YorkState's rare, threatened or endangered species act and/or species or ecological communities classified as GI (criticallyimPeriled), G2 (imPeriled), G3 and/or Sl and S2 species and have been found on the site. or have a high likelihood ofoccurring on the site due to the presence of suitable habitat and nearby occurrences.S. f there is a high likelihood ofrare . threatened or endangered species occurring on the site due to the presence of suitablehabitat and/or nearby occurrences, using a qualified biologist, perform biological survey using acccmted methodologiesduring appropriate seasons to determine if the rare. threatened or endangered species is present on the site or if there is

suitable habitat on the site to support the rare, threatened or endangered species. Map the conclusion of the analysis onthe environmental survey.6. All areas having slopes greater than IS percent and topographic contours ofno less than 2-foot intervals, ridge lines andwatershed boundaries.7. Existing roads. structures. cleared areas and general soil types.8. Historic structures, burial sites, cemeteries and areas of cultural sensitivity.9. A Site Context Map showing the location of the proposed land development within its neighborhood context shall besubmitted. The Context Map shall show the relationship of the subject property to natural and man-made featuresexisting within 1,000 feet of the site. The features to be shown on a Site Context Map include:a. TQPography (from the most current u.S.G.S. maps).b. Streams and water courses, drainage basins and sub-basins.c. Wetlands (from the most current maps published by the New York State Department of EnvironmentalConservation or Town of Brookhavenl.d. Vegetative cover conditions on the property according to general cover type including cultivated land,permanent grass land. meadow, pasture, old field, hedgerow, woodland and wetland (from aerial photographs).e. Ridge lines and watershed boundaries.f. Public roads, trails, utility easements. pipelines and rights-of-way.g. Public land and land protected under conservation easements.h. Zoning district boundaries.1. Existing property lines.j. Names ofowners of all adjoining properties and the names of all adjoining subdivisions.k. Proximity of adjacent land uses or publicly or privately held open space and potential connections with existinggreen space and trails.10. The Environmental Survey and the Site Context Map may be superimposed on an aerial photograph.

8S-516. Conservation Development Theme RequirementsA. Each application for development within the Carmans River Watershed Protection Overlay District whose site area is greaterthan one acre shall develop and submit a conservation development theme based on the Environmental Conditions Survey andSite Context Map. The conservation development theme shall be the basis of a strategic conservation based plan fordeveloping the project site and guiding the location of the proposed lots, buildings or uses while accomplishing to the mostpracticable extent possible, the protection of the unique natural resources and ecosystems of the Carmans River WatershedProtection Overlay District. The conservation development theme shall incorporate but is not limited to the followingguidelines:1. Minimize development footprint and disruption to existing ecosystems to the maximum extent practicable.2. Conserve water quality, natural hydrology and habitat. and preserve biodiversity through conservation ofwater bodies owetlands.3. Preservation and protection of significant habitat areas. which are areas that are known to or are suspected to providehabitat for rare, threatened or endangered species by complying with an approved Habitat Conservation Plan (HCP)under the Federal Endangered Species Act or the New York State's rare, threatened or endangered species act for eachidentified species or ecological community or ifno approved HCP exists for a surveyed and identified species or



31/34

ecologicalcommunity.utilizeagualifiedbiologistanon-governmentalconservationorganization.ortheappropriatestate.regional,orlocalagencytocreateandimplementaconservationplanthatincludesthefollowing:a) Identificationandmappingof thegeographicextentof thehabitat.b) Tothemaximumextentpracticable.preservationof theidentifiedhabitatandprotectionwithanappropriatebufferofnotlessthan100feet.c) Analysisof identifiedthreatsfromdevelopmentandamanagementplanthateliminatesorsignificantlyreducesthethreats.d) f therewillbesignificantnegativeimpacttorare.threatenedorendangeredspeciesorecologicalcommunities.theapplicantshallquantifytheimpactsbyacres or numberof plantsand/oranimalsaffected.andprovideanequalor greateramountofhabitatofsimilarorbetterqualityat anoff-sitelocationthatshallbeprotectedfromdevelopmentinpetpetuitybydonationtoanaccreditedlandtrustorrelevantpublicagencyor aconservationeasementontheland.4. Preservationandprotectionof areasof openspacewithemphasisoncreatinglargetractsofopenspacethatareadjacenttoor provideconnectionswithexistinggreenspaceandtrails.5. Minimizeerosiontoprotecthabitatandreducestress on naturalwatersystemsby preservingsteepslopesgreaterth n 15percentinanaturalvegetatedstate.6. Preservationandprotectionof historicstructures,burialsites,cemeteriesandareasof culturalsensitivity.7. Locatenewdevelopment.clearingandinfrastructureout of anyareasmappedasFloodplainbytheFederalEmergencyManagementAgencytothegreatestextentpossible.8. Priorityshouldbegiventolocatingnewdevelopment.clearingandinfrastructureinpre-existingclearedanddevelopedareas.9. Considerationofproximityof adjacentlandusesandconnectionthereunto.10. Preservationandprotectionof habitatidentifiedforconservationunderaregional,stateor localconservationplanorgreeninfrastructureplan.11. Themaximizationof theuseof theclusteringtechniqueisencouragedwhereitsusagewouldenhanceadjacentopenspaceorprovidecontiguousopenspaceconnectionswithadjacentopenspaceparcels. Allapplicationsforresidentiallanddivisionsandsubdivisionsshallincludesubmissionof atleastonealternateclusterplan.

85-517. CarrnansRiverWatershedProtectionOverlayDistrictMinimumDevelopmentStandards. WithintheCaImansRiverWatershedProtectionOverlayDistrictallproposeddevelopmentshalladheretothefollowingminimumdevelopmentstandards.A. Constructionanddesignstandards.

1. Subdivisionandsiteplandesignshallsupportthepreservationof naturalvegetationinlargeunbrokenblocksthatallowcontiguousopenspacestobeestablishedwhenadjacentparcelsaredeveloped.Subdivisionandsiteplandesignsshouldalsobeconfiguredinsuchawayastoprioritizethepreservationof nativevegetationandecologicalcommunitiestothemaximumextentpracticable.2. Yieldshallexcludeareasof openwater,wetlandsandslopesinexcess of 15%.3. Publicstandardminorroadwaywidthspecificationsshallbe28'wide,withassociatedreductioninstormwaterrequirements.shouldthePlanningBoarddeterminethatthedensityofdevelopmentandcharacterof thesitewarrantssuchreducedwidth.4. Establishclearly-markedconstructionboundariestominimizedisturbanceof theexistingsite.5. Limitallsitedisturbancetothefollowingmaximumparameters:a) 40feetbeyondthebuildingperimeter:b) 10 feetbeyondsurfacewalkways.patios,surfaceparking;c) 15 feetbeyondprimaryroadwaycurbsandmainutilitybranchtrenches.

B. Vegetationclearancelimitandopenspacestandard.I. Areasof thesiteproposedtobeclearedcombinedwithpreviouslyclearedareasshallnotexceedthepercentagesinFigure5-1 locatedattheendof thischapter.2. AlldevelopmentprojectsitesshallprovideforopenspaceareasequaltoorgreaterthanthethoseminimumpercentagessetforthinFigure5-1,whichmaybepreservedthroughconservationeasementoropenspacededication.3. Forpreviouslydisturbedareasor areasthatareunavoidablydisturbed,re-vegetationandrestorationtonaturalhabitatwithnativespeciesispermissible.4. Wherepossible.designatednaturalareasshallbecontiguouswithnaturalareasonadjacentparcelsinordertoprovidelargeexpansesof openspace.5. Forsubdivisionsinvolvingmorethanfivelots.naturalareasproposedtoremainwithinindividual,privatelyownedlotslessthantwoacresinsizeshallnotcounttowardsmeetingthe Qpen spacerequirement.6. Percentagesshallbetakenoverthetotalsite,including,butnotlimitedto,roads,buildingsitesanddrainagefacilities.2:50 PM November 8, 2013 * Updated Public Hearing images may have been submitted to the Town since this agenda was publis


32/34

7. The clearance standard that would be applied to a project site if developed under the existing residential zoning categoryshall be applied if the proposal involves multifamily units, attached housing, clustering. planned retirement units ormodified lot designs.

8. Residential development within residentially zoned areas shall comply with the residential clearing limit categoriescontained in Figure 5-1.9. Commercial development in residentially-zoned areas shall comply with the "Commercial, Industrial and Other or MixedUse" clearing limit category contained in Figure 5-1.

10. Site plans, surveys and subdivision maps shall delineate the clearing limit line and calculations for clearing todemonstrate compliance with these standards.11. All residential subdivisions and land divisions shall employ clustering techniques to encourage preservation of open

space and habitats.C. Native species standard.

l. Use of invasive species is prohibited.2. Utilize only native plants that require minimal or no irrigation, do not require active maintenance such as mowing or

chemical inputs such as fertilizers, pesticides or herbicides, and provide habitat value and promote biodiversity throughavoidance ofmonoculture plantings.

D. Fertilizer dependent vegetation standard.1. The use of turf grasses and fertilizer dxvendent vegetation shall be limited to less than 10% of the overall site or lot.2. Fertilizers shall not be applied November I sl through April lSI.3. Modifications to existing developed property shall provide for landscape management alterations that improve water

quality including reducing managed turf, replacement with native plantings, and the elimination, modification orreduction of irrigation systems.E. Hydrology, stormwater and erosion control standard.

1. Storm Water Pollution Prevention Plan (SWPPP)' Limit disruption ofnatural hydrology by implementing a StormWater Pollution Prevention Plan (SWPPP) that reduces impervious cover, promotes infiltration and captures and treatsthe stormwater runoffusing acceptable best management practices (BMPs) and MS4 requirements. The stormwatermanagement plan shall identifY impervious surfaces and pervious surfaces (fertilized lawns, fertilized landscaped areas,etc.) and stormwater treatment best management practices to be employed, such as:a) Design the project site to maintain natural stormwater flows by promoting infiltration.b SpecifY vegetated roofs, pervious paving, grid pavers, disconnection of imperviousness and other measures to

minimize impervious surfaces.c) Rainwater harvesting systems, rain barrels, green roofs, etc. Reuse and recycle stormwater for non-potable uses

such as landscape irrigation, toilet and urinal flushing. and custodial use.d) Bio-Infiltration techniques such as vegetated depression areas, engineered channels, vegetated swales or raingardens that are used to collect and filter urban stormwater.e) Dry Detention Basin - Stores stormwater runoffbut dries up following a rainstorm or snow melt.f Wet Detention Basin - Stores stormwater runoff, but contains a permanent pool ofwater that will effectively

remove nutrients in addition to other pollutants.g) Filter Strip - A vegetated area designed to slow runoffvelocities and filter out sediment and other non-pointpollution.

h) Vegetated Swale - An open channel drainage way used along residential streets and highways to conveystormwater and filter pollutants in lieu of conventional storm sewers.i) Stormwater Wetland - A shallow, constructed pool that captures stormwater and allows wetland vegetation togrow.

2. All stormwater runoff shall be contained on site during construction. Soil erosion and sediment control measures andstormwater management systems shall be functional before general construction begins. Where development of a site isto proceed in phases, the soil erosion and sediment control measures and the stormwater management systems needed foreach phase shall be functional before the construction of that phase begins. Any sediment dxvosited on roadways fromconstruction vehicles leaving a construction site shall be removed within 24 hours; Best Management Practices shall beused to reduce the amount of sediment leaving a construction site by construction vehicles.3. Water conservation. Reduce potable water consumption for irrigation through use of a water use management plan thatinco1J!orates any combination of the following items:a) Limit the areas that require irrigation.b Increased irrigation efficiency.c) Use of captured rainwater.d) Use of recycled wastewater.



33/34

F. Habitat restoration and open space maintenance standard.1. Restore disturbed area to pre-development native habitat using only native plants. Utilize a qualified biologist to ensure

that restored areas will have habitat, including native species assemblages and hydrology that likely occurred in predevelopment conditions.

2. Protect open space from development in perpetuity by a conservation easement on the land or donating or selling theland to an accredited land trust or relevant public agency.3. Develop and implement a post development plan for managing natural open space. Identify on-going and proposedmanagement activities, along with parties responsible for management, so that preserved habitat is maintained in preproject condition,

G. Nitrate-nitrogen standard1. Development that meets the criteria for Development of Regional Significance (DRS)

designation as defined in the Central Pine Barrens Comprehensive Land Use Plan shall achieve a nitrate-nitrogen standarof2.5 mg l of nitrate at the property lines.

2. Development that requires a treatment system, as per Article 6 of the Suffolk County De,partrnent ofHealth Services codeshall achieve a nitrate-nitrogen standard of 4.5 mg/l of nitrate at the property lines or best pract ical technology as acce,pted.

85-518. Exemptions:A. Changes of zone applications filed before January 1, 2012 and site plan and subdivision applications filed in accordanc

therewith shall be exempt from the recommendations of the Management Plan, provided the applications comply with thSEQRA determination.B. Land development applications shall comply with all other provisions of the zoning code and all other applicable lawsexcept those that are incompatible with the provisions contained herein.

85-519. General severability.A. If any clause, sentence, paragraph, section or item of this article shall be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confmed in itsoperation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shallhave been rendered.

B. This article shall not be construed to supersede any federal. or state, or county laws or regulations, nor shall this article beinterpreted in a manner as to br ing it into conflict with federal, or state, or county laws.

Section 3 Text Amendment Chapter 85-1 entitled Definitions is hereby amended as follows:Chapter 85-1 Definitions:Carmans River Watershed Protection Overlay District: that area that affects the environmental health and quality (water quality,habitats, biodiversity, and species abundance and distribution) of the Carmans River as well the aquatic, riparian and terrestrialcommunities that comprise the River' s ecosystem and located within the 0-25 year long term average precipitation groundwatercontributing area as identified and mapped by CDM as shown in its report to the Town of Brookhaven dated January 4 2011.Conservation Development: A contiguous area of land to be planned and developed as a single entity in which buildings areaccommodated under more flexible standards. such as building arrangements and setbacks, than those that would normally be appliedfollowing conventional development, allowing for the flexible grouping of structures in order to conserve open space and existingnatural resources.Natural or naturally revegetated area: Existing open water, pond, streams, wetlands, woodlands, and natural fields or disturbed areasrevegetated with native species. Natural or naturally revegetated areas shall not include any area containing fertilizer or non-fertilizerde,pendent turf grass or formal landscaped areas.Native Species: Species native to Long Island and characterized by being more adapted and tolerant to the local environment thannonnative species and maintain natural ecological diversity and perpetuate native genotypes.Invasive Plant Species: Predominantly non-native tree. shrub, vine, or herbaceous species that grow or reproduce aggressively,usually because they have few or no natural predators, and which can so dominate that they out-compete many native plant species.Note, Suffolk County and NYS Invasive Species Council as adopted by NYSDEC maintain a list of invasive species.2:50 PM November 8, 2013 * Updated Public Hearing images may have been submitted to the Town since this agenda was publi


34/34

Section 4 Authority The Town Board is vested with the authority to make these amendments byLocal Law pursuant to Municipal Home Rule Law 10 and in conformance with Municipal Home Rule Law20 and Town Law 264 and 265Section 5 Effective date This local law shall become effective immediately upon filing with theSecretary of State of the State of New York([-]) indicates deletions; ( --_- ) indicates additions]

Dated: October 11 2012 P A T ~ ~ m : ~ C L E R KFarmingville New York TOWN OF BROOKHAVE

Documents

Agenda_Meeting (20) REVISIONS 7 A CODE.pdf