PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that pursuant to Section 20(5) of the Municipal Home Rules Law, a public hearing will be held by the Town Board of the Town of Brookhaven in One Independence Hill, Farmingville, New York on the 21st day of March, 2006, at 6:30 p.m. to consider enacting the following proposed Local Law:

 

INTRODUCTORY LOCAL LAW #3OF 2006

CHAPTER 17G (NEW) ENTITLED

“MORATORIUM – COUNTY ROAD 51, EAST MORICHES, EASTPORT AND MANORVILLE ” OF THE CODE OF THE TOWN OF BROOKHAVEN

 

The proposed local law would add Chapter 17G entitled "Moratorium – County Road 51, East Moriches, Eastport and Manorville" of the Code of the Town of Brookhaven, which would prohibit certain kinds of development in the study area along County Road 51 located in or near the hamlets of East Moriches, Eastport and Manorville.  (See attached project description and study area).

 

This is a summary of the proposed Local Law, a full copy of which is on file in the Town Clerk’s office and is available for inspection during regular Town business hours.

 

At said public hearing any persons interested shall be given the opportunity to be heard.

 

 Dated:              March 7, 2006                                    PAMELA J. BETHEIL, TOWN CLERK

Farmingville, New York            TOWN OF BROOKHAVEN

 

Section 1.            The Code of the Town of Brookhaven is amended to include a new Chapter 17G entitled “Moratorium-County Road 51 East Moriches, Eastport and Manorville” as follows:

 

Chapter 17G (NEW)

MORATORIUM – COUNTY ROAD 51 EAST MORICHES, EASTPORT AND MANORVILLE

 

§17G-1. Purpose.

 

            In order to continue its update of its comprehensive plan, the Town Board heretofore directed the Commissioner of Planning, Environment and Land Management to undertake to identify and study certain lands along County Road 51 located in the East Moriches, Eastport and Manorville area, generally, in order to identify and address present and future development needs of such study areas, with respect to the appropriateness of the existing zoning districts located therein, and in particular, with respect to considerations of traffic congestion, existing surrounding development, visual and other environmental impacts, and the character of the neighborhoods in order to better provide for future growth and development appropriate to the study area and which will benefit those communities.

 

            This Town effort coincides with the recent community-based visioning process for the East Moriches, Eastport and Manorville (County Road 51) area, which necessitates immediate and timely Town review of land uses and available governmental authority to build upon the community’s consensus as to its needs and aspirations.

 

            Therefore, the Town Board of the Town of Brookhaven finds it prudent and necessary to enact a moratorium applicable to the Study Area as designated hereinbelow on the approval of certain kinds of land use applications and/or development pursuant to land use applications such as those for building permits, site plans, subdivision maps, land divisions, variances, special permits and change of zoning district classification petitions within the Study Area.  This moratorium is intended to ensure that no approvals for such land use application(s), as aforesaid, including but not limited to, said building permits, site plans, subdivision maps, land divisions, variances, special permits and change of zoning petitions, be granted until this Board may complete its planning studies in respect to said Study Area and have the opportunity to consider and enact comprehensive zoning changes, as appropriate, for the lands located within the Study Area.

 

            This moratorium also establishes certain exceptions and includes a procedure to obtain hardship relief from the moratorium under certain circumstances. 

 

§17G-2.  Definitions.

 

            For purposes of this local law, the following definitions shall apply:

 

APPROVED APPLICATION – A complete and approved application shall conform to and comply with all applicable requirements of Chapter 85 of the Code of the Town of Brookhaven, the Planning Board Regulations contained in the Code of the Town of Brookhaven and all other applicable State and local laws, rules and regulations and shall have obtained final approval from the Town body, board or public official vested with jurisdiction over such application.

 

STUDY AREA – The Study Area subject of this moratorium is described as set forth in the attached Moratorium:

 

§17G-3.  Prohibitions.

 

            No new land use applications including, but not limited to, those for building permits, site plans, subdivision maps, land division, variances, special permits and change of zone petitions, shall be accepted, reviewed and/or granted approval by the body, board or public official vested with jurisdiction over such application for all tracts and/or parcels of lands located within the Study Area, as defined and set forth hereinabove.

 

§17G-4.  Exceptions.

 

            The prohibition on land use applications shall not be applied with respect to development pursuant:

A.  An existing valid building permit and substantial construction having commenced in reliance thereon;

B.  The issuance of a building permit required in connection with the ordinary repairs and/or maintenance of a structure, for which there exists a valid certificate of occupancy; or

C.  The issuance of a building permit in connection with a project, which obtained prior site plan approval and building permits were issued in connection therewith and substantial construction commenced.

            D.   Any prior change of zone grant, site plan approval, subdivision approval, land division approval or area variance grant, which was subject to a prior moratorium that exceeded one year.

 

§17G-5.  Hardship.

 

            A.            Should any owner of property affected by this moratorium suffer an unnecessary hardship in the way of carrying out the strict letter of this moratorium, then the owner of said property may apply to the Town Board in writing for relief from strict compliance with this moratorium upon submission of proof of such unnecessary hardship.  For the purposes of this moratorium, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a building permit, site plan, subdivision, land division, variance, special permit, change of zone, or other approval during the period of the moratorium.

 

            B.            Substantive requirements.  No relief shall be granted hereunder unless the Town Board shall specifically find and determine and shall set forth in its resolution granting such exemption that:

 

(1)        Failure to grant an exemption to the petitioner will cause the petitioner unnecessary hardship, which hardship is substantially greater than any harm to the general public welfare resulting from the granting of the exemption; and

 

(2)        The grant of the hardship, even if the project or activity for which exemption is sought is approved, will clearly have no adverse effects upon any of the Town’s goals or objectives in undertaking the community planning effort or in adopting this moratorium, including but not limited to effects resulting from uses detrimental to the community’s resources, from loss of potential open space including areas important as wildlife habitat or from other adverse environmental impacts; and

 

(3)        The project or activity for which the petitioner seeks an exemption is in harmony with the existing character of the community as a whole and the area of the community in which the property is located and the project or activity is consistent with any interim data, recommendations, or conclusions which may be drawn from the community planning effort then in progress. 

 

C.        Procedure.  Upon submission of a written application to the Town Clerk

by the property owner seeking relief from this moratorium, the Town Board shall, within thirty (30) days of receipt of said application, schedule a public hearing on said application upon five (5) days’ written notice in the official newspaper of the Town.  At said public hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within thirty (30) days of the close of said public hearing, render its decision either granting or denying the application for relief from the strict requirements of this moratorium.  If the Town Board determines that a property owner will suffer an unnecessary hardship if this moratorium is strictly applied to a particular property, then the Town Board shall grant relief from the moratorium to the minimum extent necessary to provide the property owner relief from strict compliance with this moratorium.

 

§17G-6.  Term.

 

             This local law shall expire six (6) months after the effective date of this local law.

 

§17G-7.  Supersession of the Town Law.

 

            This Article is hereby adopted pursuant to Municipal Home Rules Law §10(1)(i) and §10(1)(ii)(a)(14) and Statute of Local Governments §10(6) of the State of New York.  It is the intent of the Legislature, pursuant to Municipal Home Rules Law §10(1)(ii)(d)(3) to supersede the provisions of the Town Law, Chapter 16 §264(1); §265(1); §267-a.(5), (8), (11), 13(b); §274-a.(8), (10), 11, §274-b.(6), (8); §276(5), (6), (8); [and specific reference to any local laws incorporating relevant time limits] relating to time limits in connection with zoning and planning determinations.

 

§17G-8.  Severability.

 

            If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be limited in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances, and the Town Board of the Town of Brookhaven hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent.

 

 Section 2.              This local law shall become effective immediately upon filing with the Secretary of State of the State of New York.