Brookhaven, NY Accessory Structures: ADU Impact Fees (2026)

Town Code § 85-258, Brookhaven's accessory-apartment ordinance, requires every accessory apartment to hold a provisional license from the Chief Building Inspector, valid for an initial period of up to three years and renewable for successive periods of up to five years at the Inspector's discretion (§ 85-258B(3)). Section 85-258D governs duration and fees specifically: the initial license period is capped at two years and every renewal period at five years, but the code does not print a dollar amount anywhere in the chapter, stating instead that fees shall be established by Town Board resolution for the initial license, the renewal, and the transfer to a new owner.

The reapplication fee escalates on paper even though the amounts are set outside the code: the first missed-deadline reapplication carries one Town Board-set fee, a second missed deadline a higher one, and any further reapplication a higher fee still, with the same escalating structure applied to lapsed renewals (§ 85-258D(5)-(6)). Applicants must also pay a posting fee under § 85-258C(3) to post notice of the pending application on the property for at least 10 consecutive days, again a fee set by Town Board resolution. Because the actual dollar amounts live in a Town Board resolution rather than the codified text, anyone pricing out an accessory apartment application needs to check the Town's current fee schedule maintained by the Building Division rather than Chapter 85 itself.