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FIPPOA Proposed Version dated 3/3/2003(Download Draft Here) (View In-Force Regulations) Chapter 82, NEIGHBORHOOD PRESERVATION § 82-1. Legislative intent. A. The intent of this local law is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. This local law is intended to apply to all dwelling units within the Town of Brookhaven, except property located in the Great South Beach (Fire Island) which will be regulated by the provisions applicable to Fire Island only, as hereinafter set forth. (i) the Town Board finds that overcrowding in residential dwellings on the mainland is hazardous, unsafe, and unsanitary and interferes with the interest of the public and the quality of life in the total community environment and it is not in conformance with acceptable building codes, fire codes, occupancy standards and this Zoning Chapter. These nonconformities are detrimental to the health, safety and general welfare of the inhabitants of the Town of Brookhaven. (ii) the use of residential dwellings by large group rentals can cause problems of overcrowding, high levels of noise which often accompany large numbers of people and an increased intensity of the use of the property causing the overburdening of facilities serving the public health, safety and welfare. (iii) Nevertheless, the Town Board recognizes the unique
characteristics of Fire Island. Based upon the traditional and seasonal
short term use of residential dwellings in the Fire Island communities,
ranging in rentals from one week in duration to the entire season of May
1, to September 30, and the geographical uniqueness of Fire Island, it
is equitable and appropriate to establish different residential rental
standards than have been established for the year round communities on
the mainland portion of the Town. The Town Board finds that distinctions
in the requirements applicable to the Fire Island communities are
justified based upon the uniqueness of the Fire Island communities.
Concerns such as vehicular traffic and overburdening of public
facilities that may occur on the mainland are not typically found within
the Fire Island communities. Due to the concerns and considerations set
forth above, and hereafter, it is the intent of this Local Law that all
seasonal rental dwellings located with the RD Residential District of
the OFD Oceanfront Dune District shall be subject to the criteria set
forth in Sections applicable to Fire Island only, as set forth below.. B. The Fire Island communities do not need comparable regulation as they are already subject to a number of Federal, State& local laws and regulations, which severely restrict development and expansion of existing improvements, and therefore are likely to prevent the types of complaints and problems the Town has experienced on the mainland of the proposed ordinance. These laws include: A. The Fire Island National Seashore Act Zoning Standards, 36 CFR Part 28, revised as of July 1, 2001 which exposes property to condemnation by the Secretary of Interior, if the local zoning ordinance is not satisfactory to the Secretary, or if he objects to zoning actions such as variances, which allow uses which violate the Seashore’s zoning standards B. Environmental Conservation Law (“ECL” ), Article 25, which restricts development which adversely impacts tidal wetlands, and subjects property owners to the regulatory jurisdiction of the DEC, & to the protective conditions it imposes on alteration or expansion of improved properties. C. ECL, Article 34, (“Coastal Erosion Hazard Area” law and
regulations (6 NYCRR Part 505) D. Article 42 of the Executive Law (19 NYCRR 600 and 601), the Waterfront Revitalization and Coastal Resources Act, which requires project activities in coastal areas to be consistent with NYS Department of State’s coastal policies and include provisions to protect wetlands and surface water resources from erosion and sedimentation and other non- point sources of pollution. E. The National Flood Insurance Program and regulations (44 CFR Parts 59-77, including the Federal Emergency Management standards, and the acts describing the program, to wit, The National Flood Insurance Act of 1968, and The Housing and Urban Development Act of 1969 and the Town of Brookhaven’s Flood Prevention provisions, which implement the National Flood Insurance Act requirements for Fire Island properties. F. The Suffolk County Sanitary Code, which restricts placement of septic tanks, more than a prescribed distance from the mean high water line, to prevent effluent from reaching tidal wetlands. G. The Zoning Code, in Chapter 85 Article XVI, establishes the category called “Great South Beach in Fire Island National Seashore”, (“FINS”), and creates the Ocean Front District ( Section 85-168), designed to protect and preserve the inland areas of Fire Island from storm damage and erosion, which restricts the permitted uses in the Dune District. H. Zoning Code, Section 85-45 authorizes the owners of properties located within the FINS to apply for waivers from the Site Plan review and approval provisions which are required in all zoning districts for all buildings and structures or land use, and/or for all alterations or changes in use thereto, thereby recognizing the virtually built out character of Fire Island, and the absence of development potential, which might otherwise require imposition of conditions on development. I. Zoning Code, Chapter 9, Beaches, Part 1, Article II, Section 9-4 requires permits to operate a motor vehicle on the Great South Beach. These limitations, the roadless character of Fire Island, the absence of large parking areas, and other pollution carrying paved impervious surfaces, insure against the type of environmental problems, congestion, and traffic hazards experienced on the mainland. J. The unincorporated Fire Island communities are governed by property owners’ associations, which provide an extra layer of control which serves to prevent some of the problems afflicting the mainland. The Associations assess the property owners to pay for services, such as garbage collection, lifeguards, medical care, Fire protection, erosion protection, repair of private walks etc. K. There is no deteriorated housing stock on Fire Island, and no
history of code violations, as exists on the mainland. The Town Board of the Town of Brookhaven has determined that there exists in the Town of Brookhaven, on the mainland portion of the Town serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the town and others, tend to promote and encourage deterioration of the housing stock of the town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the town will be enhanced by enactment of the regulations set forth in this chapter, which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained, which has a detrimental effect on neighborhoods. [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002] § 82-2. Definitions. CODE ENFORCEMENT OFFICER -- Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building/Zoning Inspector, Building Inspector, Zoning Inspector, Waste Management Inspectors, Housing Inspectors, Building Permits Coordinator, Electrical or Plumbing Inspector, Chief Fire Marshal, Assistant Chief Fire Marshal, Senior Fire Marshal, Police Officer, Town Investigator or Ordinance Inspector of the Town of Brookhaven and other law enforcement officers. DWELLING UNIT -- A structure or building, one, two, or three family dwelling, or multi-unit apartments, condominiums or cooperatives, occupied or to be occupied by one or more persons as a home or residence. FLOOR AREA - - Floor areas shall be calculated on the basis of total floor area. All interior space, including deck areas, interior and exterior recreation areas, kitchens, bathrooms and dining rooms shall be counted in determining the amount of floor area so that the full footprint of the house shall be used to calculate the total floor area. IMMEDIATE FAMILY -- The "immediate family" of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER -- Owner or any other person or entity having the right to possession of a dwelling unit. RENT -- A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING -- A dwelling unit established, occupied, used or maintained for rental occupancy as a one, two, or three family dwelling or multiple apartment units or condominiums or cooperatives. RENTAL OCCUPANCY -- The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT -- A permit which is issued upon application to the Chief Building Inspector and shall be valid for two (2) years from the date of issuance. RENTAL OCCUPANCY REGISTRATION -- The registration of a rental unit(s) on a form that is approved by the Chief Building Inspector. SEASONAL- shall apply to Fire Island only and refer to the period of time from May 1 through September 30, or to any shorter duration exceeding 30 days within said period. Rentals less than 30 days duration shall be exempt from registration. SEASONAL RENTAL- shall apply to Fire Island only, and refer to an agreement, which is either oral or in writing, whereby, on a seasonal basis, a dwelling unit is leased, used or occupied for which a rent is paid for directly or indirectly, for such occupancy and use. SEASONAL RENTAL DWELLING- shall apply to Fire Island only and refer to a dwelling unit established, used or maintained for rental occupancy as a one, two or three family dwelling unit as a seasonal rental. SEASONAL RENTAL PERMIT-shall apply to Fire Island only, and refer to a permit issued for the use or occupancy of a dwelling unit as a seasonal rental. SEASONAL RENTAL REGISTRATION- shall apply to Fire Island only and refer to the registration of a seasonal rental dwelling on a form that is approved by the Chief Building Inspector. SEASONAL TENANT- shall apply to Fire Island only, and refer to an individual who leases, uses or occupies a seasonal rental dwelling. § 82-3. Neighborhood preservation requirements. A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the accumulation of water. {Gutters, culverts, catch basins, drain outlets, storm water sewers, approved combined storm and sanitary sewers or}. Other satisfactory drainage systems shall be utilized where deemed necessary by the Code Enforcement Officer. B. Steps, walks, {driveways, parking} deck areas and {other} paved areas shall be maintained in good repair. C. Yards shall be kept clean and free of physical hazards and debris. D. All {lawns,} common areas and recreation areas shall be maintained in a clean and neat condition. { and grass shall be cut periodically to restrict growth in excess of twelve (12) inches.} E. Exterior surfaces of dwellings and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint. F. Dwellings and accessory structures shall be maintained so as to be free of conditions detrimental to safety or health and shall be kept in good repair and properly maintained. G. Grounds, buildings and structures shall be maintained free of vermin, rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform to Suffolk County Health Department standards. H. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse and sewage pursuant to Suffolk County Health Department standards. § 82-4. Rental occupancy registration required. A. Rental occupancy. (1) It shall be unlawful and a violation of this chapter for any person or entity who owns a dwelling unit in the town to {use, establish, maintain, operate, let, lease, rent or suffer or} permit the occupancy and use thereof as a rental occupancy by someone other than the owner or his immediate family without first having registered with the Chief Building Inspector by filing a rental registration form and obtain a rental occupancy permit. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation. Nothing herein shall prevent an owner or broker from listing, showing or leasing said property to a prospective lessee or occupant, without first registering, provided that occupancy is prohibited prior to the issuance of the rental occupancy permit. (2) It shall be unlawful and a violation of this chapter for any person or entity who owns a rental dwelling unit in the Town of Brookhaven to allow as the number of occupants therein more than four (4) persons per bedroom, (“Bedroom Occupancy Ratio”), except that as to Fire Island only, the owner shall have the option to rent to persons, the maximum number of which shall not exceed one (1%) percent of the total floor area of the premises (“the Occupancy Floor Area Ratio”) in said rental dwelling unit. (3) Any additions of bedrooms, or floor area in the case of Fire Island, to a rental dwelling unit shall require Suffolk County Health Department approval. It shall be a violation of this chapter if the owner or entity who owns the rental dwelling unit fails to obtain Suffolk County Health Department approval. B. Registration. (1) A rental registration form and an application for a rental permit shall be at the Building Department on or before April 1, {2000} 2004. Registration shall be in writing on a form provided by the Building Department and shall include the owner's name, address and telephone number, and the information which follows. (2) Such form shall also include the maximum number of person(s) based on the number of bedrooms and/ or the Occupancy Floor Area Ratio, in the case of Fire Island, that are allowed to occupy the premises pursuant to this local law. (3) For each rental dwelling unit, a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included, together with information sufficient to determine the Occupancy Floor Area Ratio. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included. C. Notwithstanding the above, no rental occupancy registration or permit shall be required for a residential care facility established under federal, New York State or Suffolk County guidelines or for units where occupants are in an established care program. D. Each application shall be executed by the owner of the premises or such person who operates such premises if other than the owner, and shall also contain the following information. E. As to the mainland, only: (i) a property survey of the premises
drawn to scale not greater than forty (40) feet to one inch, or, if not
shown on the survey, a site plan, drawn to scale, showing all buildings,
structures, walks, drives and other physical features of the premises
and the number, location and access of existing and proposed on-site
vehicle parking facilities; (ii) A copy of the certificate of occupancy
and/or certificate of existing use; iii)A building permit application,
properly prepared, for all proposed buildings, improvements and
alterations to existing buildings on the premises, if any; F. Each application shall be executed by and sworn to by the owner of the premises or such person who operates such premises if other than the owner. § 82-5. Fees. One bedroom $150.00 B. As to Fire Island only, a non refundable biennial permit application fee, which is proportionate to the shorter duration of the rental season on Fire Island, in accordance with the following Schedule, shall be paid, upon filing an application for a rental occupancy permit, if the rental duration exceeds a total of 30 days: One bedroom $60.00 C. The fee required by this section shall be waived for any applicant which demonstrates that it is a not-for-profit housing development corporation organized under the laws of the State of New York, and that it is providing housing for senior citizens or other designated special populations subject to income guidelines established by either federal or state regulation. D. As to the mainland, any owner who operates a multi-unit apartment
complex on the mainland shall pay a biennial fee based upon the number
of rental units as follows: Number of Units Fee 4 to 50 units $1,000 E. As to Fire Island, any owner of such a complex, shall pay a biennial fee based upon the number of rental units as follows: 4 to 50 units $390 §82-6. Smoke detectors. [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002] Each rental dwelling shall be equipped with a functioning smoke detector device, in compliance with New York State Uniform Fire Prevention and Building Code. §82-7. Required space for occupancy. As to the mainland no person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: A. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor area per occupant, the floor areas to be calculated on the basis of total usable floor area of habitable rooms. B. There shall be no more than four (4) persons per bedroom. C. At least fifty (50%) percent of the floor area of every habitable room shall have a ceiling height of at least seven and one-half (7-1/2) feet. The floor area of the part of any room where the ceiling height is less than five (5) feet shall not be considered in computing the usable floor area of the room for the purpose of determining maximum permissible occupancy thereof. D. No cellar, kitchen or bathroom space shall be used as a habitable room or dwelling unit or to calculate the minimum total usable floor area. E. No basement space shall be used as a habitable room or dwelling unit unless, in addition to the other provisions of this chapter and the New York State Uniform Fire Prevention and Building Code: (1) The floors and walls are impervious to leakage of underground and surface runoff water and insulated dampness; and (2) The minimum aggregate glass area of windows as required by the New York State Uniform Fire Prevention and Building Code is located entirely above the grade of the grade adjoining such window area. (3) It complies in all respects with the New York State Uniform Fire Prevention and Building Code. F. Each rental dwelling unit shall have a dining area and recreation area in the dwelling structure. G. The "Required space for occupancy," § 82-7C, shall not apply to structures built prior to 1937. §82-8 . As to Fire Island no person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements. A .There shall be no more than 4 persons per bedroom; or B. If the owner elects to register on the basis of the Occupancy Floor Area Ratio, every dwelling unit shall contain at least one hundred (100) square feet of floor area per occupant. {§82-9. Inspections Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002] §82-8 Inspections A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Brookhaven, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with. B. The Chief Building Inspector of the Town of Brookhaven is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Chief Building Inspector or his designated representative is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this Chapter. C. Search without warrant restricted. Nothing in this Chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Chief Building Inspector of the Town of Brookhaven or his authorized representative to conduct an inspection of any premises subject to this Chapter without the consent of the owner of the premises and without a warrant duly issued by an appropriate court. {D. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this Chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable.} § 82-9. Application for search warrant. [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002] The Chief Building Inspector of the Town of Brookhaven or his designated representative is authorized to make application to the District Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this Chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this Chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. § 82-10. Rental registration required. It shall be unlawful and a violation of this chapter for any owner to permit any tenant or other person, excluding immediate family, to take up residence by a rental occupancy in any dwelling unit without the owner's first having completed and filed with the Chief Building Inspector a rental registration form approved by the Chief Building Inspector. Upon receipt of such application, the Chief Building Inspector shall act within 10 days, to either approve, disapprove or approve such application with conditions. Failure to act shall be deemed approval, and entitle the owner to the issuance of the rental occupancy permit. § 82-11. Confidentiality of rental registration. Under Public Officers Law § 87, Subdivision 2, Paragraph (b), rental
registration forms, and that portion of the rental occupancy permit
application required, shall be exempt from disclosure under the Freedom
of Information Law on the grounds that such disclosure would constitute
an unwarranted invasion of personal privacy. The Chief Building
Inspector will institute strict policies to ensure that such information
is available only to town personnel who are engaged in the enforcement
of the provisions of this chapter. § 82-12. Revocation of permit; variances A. The Chief Building Inspector shall revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of fourteen (14) business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the multiple residence law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection can not be done by a devisee or assistant of the Chief Building Inspector. B. An appeal from such revocation may be taken by the permit holder to the Board of Zoning Appeals, by written request, made within thirty (30) days from the date of such revocation. The Zoning Board of Appeals shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within thirty (30) days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Zoning Board of Appeals has considered and ruled upon the issue. C. The provisions of the Zoning Code of the Town of Brookhaven and the Town Law governing variances shall also apply to this Chapter. § 82-13. Broker's responsibility. Broker's responsibility prior to {listing} occupancy. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to {list, show or otherwise offer for} to enter into a lease, or occupancy agreement on behalf of the owner} of any dwelling unit for which a current rental occupancy permit has not been issued by the Chief Building Inspector. It shall be the broker or agent's duty to verify the existence of a valid permit before acting on behalf of the owner, providing however that nothing herein shall prevent the broker from listing or showing the property prior to the entry of the tenant into occupancy{ Notwithstanding the above, first-time rentals shall be granted a fourteen-business-day grace period for submission of required application paperwork and tenant registration.} § 82-14. Administration. This chapter shall be enforced by the Code Enforcement Officer as
defined by this chapter. § 82-15. Penalties for offenses, A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable As to the mainland only: (1) By a fine not less than two hundred fifty dollars ($250.) and not exceeding one thousand dollars ($1,000.) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense. (2) By a fine not less than one thousand dollars ($1,000.) nor more than three thousand dollars ($3,000.) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five (5) years. (3) Each week's continued violation shall constitute a separate additional violation. As to Fire Island only: (1) By a fine not less than one hundred dollars ($100.00) and not exceeding three hundred fifty dollars ($350.) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense. (2) By a fine not less than three hundred fifty dollars ($350.) nor more than one thousand dollars ($1,000.) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five (5) years. (3) Each weeks’s continued violation shall constitute a separate additional violation. § 82-16. Implementation. This chapter shall be effective immediately or upon filing with the Secretary of State, whichever is later. As to Fire Island Only no violation of this chapter will be charged prior to {April 1, 2004.} § 82-17. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment.
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