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CODE OF THE TOWN OF BROOKHAVEN
TAKE NOTICE that the following amendment to the Code of the Town of
Brookhaven, was duly adopted by the Town Board at a regular meeting held on the 26th day of
February, 2009, after a public hearing was held on February 26, 2009, and was entered in its
Minutes:
AMENDMENT TO THE CODE OF THE TOWN OF BROOKHAVEN
AMENDING CHAPTER 85 OF THE TOWN OF BROOKHAVEN CODE ENTITLED,
"ZONING", BY AMENDING ARTICLE XVIII ENTITLED, "ACCESSORY
APARTMENTS", SECTION 85·201 ENTITLED, "ACCESSORY APARTMENT
STANDARDS AND REQUIREMENTS"
ARTICLE XVIII
Accessory Apartments
§ 85-201. Accessory apartment standards and requirements.
A. Purpose. It is the specific purpose and intent of this article to allow accessory
apartments in the A Residence, A Residence 1, A Residence 2, A Residence 5,
B Residence, B Residence 1 and C Residence Districts to provide the
opportunity and encouragement for the development of small rental housing
units designed, in particular, to meet the special housing needs of single
persons and couples of low and moderate income, both young and old, and of
relatives of families presently living in the Town of Brookhaven. Furthermore, it
is the purpose and intent of this article to allow the more efficient use of the
Town's existing stock of dwellings to provide economic support of present
resident families of limited income and to protect and preserve property values
while preserving the character and quality of life of our communities. To help
achieve these goals and to promote the other objectives of this article specific
standards are hereby set forth for such accessory apartment uses.
B. Standards.
(1) Owner occupancy required. The owner(s) of the lot upon which the
accessory apartment is located shall reside within the principal dwelling
building that contains the accessory apartment. The owner may occupy
either the larger dwelling unit or the accessory apartment. No other
owner(s) shall own a larger percentage collectively or individually than
the owner-occupant. A homeowner shall be permitted one accessory
apartment only, and only one accessory apartment per dwelling shall be
permitted.
(2) Location on lot. An accessory apartment shall be located in the principal
dwelling building.
(3) Provisional Accessory Apartment License. All qualified applicants are
required to obtain a Provisional Accessory Apartment License. When
the Chief Building Inspector determines that the accessory apartment
has been completed and that such accessory apartment may be
occupied safely without endanqering life, health or the public welfare, the
Chief Building Inspector may issue a Provisional Accessory Apartment
License. All Provisional Accessory Apartment Licenses issued
hereunder shall be valid for an initial period of up to three years and for
successive renewal periods of up to five years at the discretion of the
Accessory Apartment Review Board.
(-dj (1l.Accessory apartment size. The minimum habitable area for an
accessory apartment shall be 300 square feet and a maximum of 650
square feet; in no case shall it exceed 40% of the habitable area of the
dwelling building in which it is located, except in certain compelling
circumstances a maximum of 850 square feet may be approved, at the
discretion of the Accessory Apartment Review Board, in accordance with
Table #1 below. In no event may there be more than one bedroom per
accessory apartment.
TABLE 1
Apartment Size Maximum Percentage
(square feet) of Habitable Space Application
300 to 650 40% Standard
651 to 750 35% Board discretion
751 to 850 30% Board discretion
~ {§lNumber of accessory apartments per lot. There shall be no more than
one accessory apartment permitted per lot.
tat {§lExterior appearance. The entry to such unit and its design shall be such
that, to the degree reasonably feasible, the appearance of the building
will remain as a one-family residence.
~ lliWater and sewer service. Prior to issuance of a building permit for the
establishment of an accessory apartment in a principal dwelling building,
approval of the proposed method of water supply and sewage disposal
shall be obtained from the engineer for the Town.
f71 ,{§lOff-street parking. In addition to off street parking spaces as required for
the principal dwelling under the Brookhaven Town Code there shall be
located on-site not less than a minimum of one off-street parking space
per dwelling unit for use of the accessory apartment. The parking spaces
and driveway thereto must be paved with asphalt, concrete or other
similar materials.
t8j (!ll.Maintenance. All structures located on a lot on which an accessory
apartment is located shall be maintained in a neat and clean manner,
including but not limited to exterior shingles, paint, shutters and trim as
well as landscaping and shrubbery. The premises and buildings shall
comply with the New York State Property Maintenance Code and any
amendments thereto, and all applicable provisions of the Town Code.
including but not limited to Chapter 82, Neighborhood Preservation. No
Accessory Apartment Review Board approval or Provisional Accessory
Apartment License shall be issued or shall be renewed where a violation
exists on the premises or within the dwelling.
t9ji..1.Q) The principal structure as well as the accessory apartment must comply
with all requirements for two-family dwellings as per the New York State
Uniform Fire Prevention and Building Code and/or the laws and housing
regulations of the State of New York, County of Suffolk and Town of
Brookhaven.
f1-Q)L11l All applications must be supplied by the owner(s) of the property, and
the applicant shall be required to file an acknowledged statement with
the Town of Brookhaven. This statement shall state that the temporary
special permit Provisional Accessory Apartment License for accessory
apartment use and any extension of said special permit Provisional
Accessory Apartment License shall terminate upon the death of the
undersigned or the survivor of the undersigned, upon the transfer of title
to said premises, upon the undersigned no longer occupying the
premises as their principal residence or upon conviction for a violation of
this section.
(12) Every owner shall be required to file a sworn and notarized affidavit.
representing to the Town that the owner is not a registered sex offender.
The affidavit shall also state that the owner is making such
representations with full knowledge that the Town of Brookhaven is
relying on these statements as a basis to issue a Provisional
Accessory Apartment License.
(441(~) The applicant wiU shall be required to file a form stating that the
subject dwelling and premises shall meet with all New York State
Uniform Fire Prevention and Building Code requirements and all Town of
Brookhaven requirements pertaining to temporary special permits
Provisional Accessory Apartment Licenses for accessory apartments.
The applicant will be required to meet these standards within QQ 180
days of the granting of the building and zoning permit or the special
permit will become null and void. Said time period may be extended by
the Chairman Chairperson of the Accessory Apartment Review Board
for up to an additional 180 days. In those instances where other
governmental or outside agencies cause a delay in either issuing
approval or certifying work, the Chief Building Inspector shall have the
authority to grant additional time to the applicant in which to obtain the
required certificate of occupancy Provisional Accessory Apartment
License.
(4-2j(14) Limitations. No Accessory Apartment Review Board approval nor
Provisional Accessory Apartment License permit shall be issued for an
accessory apartment in the event that 5% or more of the lots within a
one-half-mile radius of the subject parcel contain accessory apartments.
The Accessory Apartment Review Board may vary this requirement
when, due to sparsity of development in the surrounding area, it is not
practicable to maintain the five-percent cap on accessory apartments.
This subsection shall not apply to applications filed I within six months of
the effective date of this article where the application is to legalize an
accessory apartment preexisting the effective date of this article.
(~ Duration. All permits issued hereunder shall be valid for an initial period
of three years and for successive renewal periods of up to fille years
each at the discretion of the Accessory Apartment Review Board.
(44) New construction. No permit shall be issued for an accessory apartment
to be located 'Nithin any structure until a period of three years has
elapsed frem the date of issuance of the certificate of occupancy for the
principal dwelling. Nothing contained in this subsection shall be
construed to prohibit the construction of an addition to a principal
dwelling.
i1ID It shall be unlawful for a property owner or person in charge of property
to establish or maintain an accessory apartment if that property owner or
person in charge of the property is a registered sex offender. For the
purpose of this article the term "registered sex offender" shall be defined
as in § 55-2 of the Brookhaven Town Code.
l1§} It shall be a violation to fail to meet the requirements of Article XVIII at
any time there exists an accessory apartment.
C. Applications.
(1) There shall be submitted to the Building Division as follows:
(a) An application to the Accessory Apartment Review Board for a special
permit.
(b) An application to the Building Division for all necessary building permits.
(2) The Accessory Apartment Review Board, as part of its application, may
require the applicant to submit other items, including but not limited to
floor plans, photographs, exterior renderings, etc.
(3) The application for a transfer of a special permit Provisional Accessory
Apartment License to a subsequent property owner shall be on such
forms and in such manner as shall be prescribed by the Accessory
Apartment Review Board. The notice and hearing requirements of
Subsection F(4) and (5) shall not apply to applications for transfer,
except that the Chairman Chairperson of the Accessory Apartment
Review Board shall have the authority to require a hearing on notice
when, in his sole discretion, special circumstances exist which would
require public input.
D. Fees.
(1) The application fee to the Accessory Apartment Review Board for tAe ~
special permit or Provisional Accessory Apartment License application
for the initial one to three-year period to the Accessory Apartment
Review Board shall be $150. The application fee renewal foe for the five
year renewal period shall be $250. At the discretion of the Board, and
upon a showing of extenuating circumstances, a permit may be renewed
for less than the five-year period for a fee of $50 per year.
(2) Upon failure to obtain a certificate of occupancy Provisional Accessory
Apartment License for the accessory apartment, within the total allotted
time, the first reapplication fee will be $300. For a second failure to
obtain the certificate of occupancy Provisional Accessory Apartment
License in the allotted time, the second reapplication fee will be $500.
For any and all subsequent reapplications, the fee will be $500. These
increased reapplication fees also apply to renewals.
(3) The fee for a transfer for the unexpired term of a special permit or
Provisional Accessory Apartment License shall be $50. All fees collected
hereunder shall be allocated to the enforcement and administration of
this article.
E. Accessory apartments shall not be permitted within an existing
multifamily structure.
F. Accessory Apartment Review Board.
(1) The Accessory Apartment Review Board shall consist of three members
appointed by the Town Board, one of whom shall be designated
Chairman Chairperson. The Town Board may provide for compensation
to be paid to said members and provide for such other expenses as may
be necessary and proper. Of the members of the Board first appointed,
one shall hold office for the term of one year, one for the term of two
years and one for the term of three years; provided, however, that the
Town Board may, by resolution, increase the number of members of the
Accessory Apartment Review Board to five members and provide for
their compensation, and thereafter such additional members shall be
appointed for terms of one year and three years respectively. Their
successors shall be appointed for the term of three years from and after
the expiration of the terms of their predecessors in office.
(2) Such Accessory Apartment Review Board shall hear and decide
applications for special permits to allow accessory apartments pursuant
to this article.
(3) The Accessory Apartment Review Board shall adopt rules necessary to
the conduct of its affairs in keeping with the provisions of this article.
Meetings shall be held at the call of the Chairman Chairperson and at
such other times as the Board may determine. The Board shall keep
minutes of its proceedings and records of its examinations and other
official actions, all of which shall be a public record.
(4) All applications made to the Board shall be in writing, on forms
prescribed by the Board. The Accessory Apartment Review Board shall
fix a reasonable time for the hearing of the application and give public
notice thereof, as well as due notice to the applicant. The applicant shall
mail notice of the hearing by either certified or registered mail, return
receipt requested, to every property owner, as shown on the current
Brookhaven assessment rolls, owning property immediately adjacent
and contiguous to that of the applicant. For purposes of this section,
property separated from that of the application by a public road or right
of-way shall be deemed contiguous.
(5) The following shall be submitted with such application:
(a) A copy of the notice sent to property owners.
(b) A list, in duplicate, containing the names and addresses of the owners to
whom notices were sent
(c) Return receipts.
(d) An affidavit of mailing of the aforesaid notices.
(e) Three surveys giving the exact description and location of property with
all existing and proposed structures and setback from all property lines.
G. Revocation. The Accessory Apartment Review Board shall retain the
right to revoke any special permit or Provisional Accessory Apartment
License issued hereunder should the applicant or applicant's tenant
violate any provision of this article or any condition imposed upon the
issuance of the special permit Board approval. Said revocation shall be
after a hearing held on notice to the applicant and, if known, the tenant.
As an alternative to revocation, the Accessory Apartment Review Board
may continue the special permit or Provisional Accessory Apartment
License on a probationary basis, and in such event, it may revoke the
special permit or Provisional Accessory Apartment License without
further notice to the applicant or tenant upon a violation of any conditions
attached to the probationary permit. Any property owner or person in
charge of property who violates section 85-201(B)(15) shall have their
special permit and/or Provisional Accessory Apartment License
immediately and automatically revoked upon such registration as a sex
offender.
H. Lapse of §faAt approval at for a special permit Every application for a
special permit granted by the Accessory Apartment Review Board shall
be and become null and void and of no further force and effect unless
the applicant obtains a building and zoning permit for work to be done
and/or change of use no later than JQ 60 days after approval is granted
by the Accessory Apartment Review Board. In those instances where
other governmental or outside agencies cause a delay in either issuing
approval or certifying work, the Chief Building inspector shall have the
authority to grant additional time to the applicant in which to obtain the
required building permit or other required approvals.
I. No person shall create or occupy an accessory apartment without
obtaining an accessory apartment permit approval from the Accessory
Apartment Review Board and a certificate of occupancy Provisional
Accessory Apartment License for said use from the Building Division.
· .
J. It shall be unlawful and a violation of this chapter for any owner, person
or entity to allow a Provisional Accessory Apartment License to lapse
without renewal or the obtaining a building permit and subsequent
Certificate of Compliance for the removal of the kitchen and
reconfjguration of the residences to a one family dwelling.
85-201.1 Penalties for violations of Accessory Apartment Regulations
A. Any person or corporation who shall violate the provisions in this Article, shall
be punished pursuant to the provisions of § 85-432 (C) of the Brookhaven
Town Code.
B. For each violation of the provisions of § 85-201(B)(15), the property owner or
person in charge of property shall be issued a Notice of Violation and shall take
all necessary actions within forty-five (45) days of the date of the notice to
remove the tenant(s) from the premises, and if, at the end of such period the
tenant(s) has not been removed and/or a summary proceeding in a court of
competent jurisdiction to remove such tenant(s) has not been commenced by
the property owner, then such owner shall be deemed to have committed an
offense against this Chapter, and shall upon conviction thereof be subject to a
fine or penalty of Two Thousand Five Hundred ($2,500) Dollars for a conviction
of a first offense; upon the occurrence of a second or subsequent offense, the
property owner or person in charge of property shall be deemed to have
committed a misdemeanor and upon conviction thereof shall be subject to a
fine or penalty of Two Thousand Five Hundred ($2,500) Dollars or
imprisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each week, or part thereof, such violation continues following
the expiration of such forty-five (45) days shall constitute a separate offense
punishable in like manner.
(--indicates deletions, indicates additions)
This amendment shall take effect ten (10) days after its publication as required by
Section 133 of the Town Law.
DATED: February 26,2009 PAMELA J. BETHElL, TOWN CLERK
Farmingville, New York TOWN OF BROOKHAVEN
