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ice of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar i Statistics i Marriage Officer
July 15, 2020
Honorable Town Clerk::
Your response to this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly please sign and email back to the
Riverhead Town Clerk, Diane Wilhelm at wilhelrn townofriverheadn ov,
Signature: z Date:
Town Board Meeting July 7, 2020, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on July 7, 2020
Resolution #298
AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD
TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT"
Sincerely,
Diane M. Wilhelm
Town Clerk
:c
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 15, 2020
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on July 7, 2020
Resolution #298
AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD
TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT"
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
Diane M. Wilhelm
DMW:cd
200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax
(631)208-4034
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 15, 2020
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly please sign and email back to the
Riverhead Town Clerk, Diane Wilhelm at wilhelm(a)townofriverheadny.gov.
Signature: Date:
Town Board Meeting July 7, 2020, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on July 7, 2020
Resolution #298
AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD
TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax
(631)208-4034
10.4
07.07.2020 ADOPTED
TOWN OF RIVERHEAD
Resolution 2020-298
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT"
Councilwoman Giglio offered the following resolution,
which was seconded by Councilman Hubbard
RESOLVED, the Town Clerk be and is hereby authorized to publish the attached
public notice to consider a local law to amend Chapter 301 of the Riverhead Town Code
entitled "ZONING AND LAND DEVELOPMENT" once in the July 16, 2020 issue of the
of the News Review newspaper hereby designated as the official newspaper for this
purpose, and also to cause a copy of the proposed local law amending Chapter 301"
Zoning and Land Development" to be posted on the sign board of the Town; and be it
further
RESOLVED, that the Town Clerk be and is hereby directed to forward a copy of
this resolution to the Office of the Town Attorney; and
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a certified copy of
same may be obtained from the Office of the Town Clerk.
TOWN OF RIVERHEAD
PUBLIC NOTICE
PLEASE TAKE NOTICE, that a public hearing will be held before the Town
Board of the Town of Riverhead, at 200 Howell Avenue, Riverhead, New York on the
4th day of August at 2:05 p.m. to amend Chapter 301 of the Riverhead Town Code
entitled, "ZONING AND LAND DEVELOPMENT" as follows:
Part 3. Supplementary Regulations
Chapter 301 Part 3 Article Lill Water Conservation in Landscaping
X301-284 Intent: The Town of Riverhead, together with New York State, its
departments and agencies, and counties, towns and villages throughout the state,
recognize that our water systems are vital assets. The water system challenges include
water-source contamination; constraints on water supplies due to climate change and
increasing demand; and necessary and costly infrastructure improvements to due to
transmission lines, pumps and treatment facilities susceptibility to deterioration together
with limits on available funding. Water conservation will assist the Town of Riverhead in
maintaining a supply-demand balance and realize other benefits, including but not
limited to, greater efficiency and appropriate expenditures for expansion of water
supplies by allowing existing water supplies to serve increasing populations; alleviation
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of competing demands for water resources; and, increased ability to handle 10.4
emergencies such as drought, mechanical failure or water contamination. While there
are many different and effective ways to minimize water use within residential,
commercial and institutional buildings, including plumbing fixtures with flow restrictions,
water conserving toilets, water pressure control devices, at peak demand outdoor water
use represents nearly seventy five percent of total water demand for lawn, landscape
and garden watering, the Town, by this local law, seeks to require landscape designs to
require less water by incorporating Xeriscape landscape techniques, including reducing
turf area, planting drought-tolerant or low water using species, creation of storm water
gardens and other planned recharge for protection of infrastructure and water aquifer,
and installation of low volume and smart controlled irrigation systems.
$301-285 Purpose: The Town of Riverhead has demonstrated its commitment and
desire to be a sustainable community. The purpose of establishing landscape designs
which utilize best management practices and incorporate Xeriscape techniques,
together with low volume and smart controlled irrigation systems is intended to further
this commitment by improving and maintaining the health of our waters, and reducing
the stress on our infrastructure.
§301-286 Definitions:
"Anti-drain or check valve" means a valve, located under a sprinkler head and installed
lower than the lowest head on the system, to hold water in the system when not in use
so it minimizes drainage from the lower elevation sprinkler heads.
"Application rate" means the depth of water applied to a given area, usually measured in
inches per hour.
"Applied water" means the portion of water supplied by the irrigation system to the
landscape.
"Automatic controller" means a mechanical or solid state timer, capable of operating
valve stations to set the days and length of time of a water application.
"Backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation
system.
"Best Management Practice (BMP)" A design or practice employed with the primary
objective to minimize adverse water quality impacts, preserve beneficial features on-
site avoid downstream erosion and habitat loss maintain natural base flows and
groundwater recharge, prevent downstream flooding, provide multiple uses of drainage
and storm water drainage facilities, and/or provide for the economical, safe and
aesthetically pleasing drainage system for development.
"Certified Nursery Professional" A landscape professional having successfully
completed the examination for, and continuously maintains their status in, the Certified
Nursery Professional Program administered by the NYS Nursery and Landscape
Association.
Drought Tolerate Planting mean a planting which can survive on minimal water from
natural rainwater. (See Cornell University Integrative Plant Species Guidance
Documents)
"Ecological restoration project" means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
"Invasive species" 1) non-native (or alien) to the ecosystem under consideration and 2)
whose introduction causes or is likely to cause economic or environmental harm or
harm to human health.
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"Irrigation system" means a complete connection of system components including the 10.4
water source, the water distribution network, controller and the necessary irrigation
equipment.
"Irrigated" means supplied with equipment that can apply water from an irrigation
system.
"Irrigation efficiency" means the measurement of the amount of water beneficially used
divided by the amount of water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system characteristics and from management
practices. An example of how estimating can be done is by comparing water meter
readings to estimated water need over a period of time such as a billing period.
"Irrigation system" means a complete connection of system components, including the
water source, the water distribution network, controller and the necessary irrigation
equipment.
"High flow sensors" or "flow meters" detect and report high flow conditions created by
system damage or malfunction.
"High water using plant" means a plant that will require regular irrigation for adequate
appearance, growth and disease resistance.
"Landscape area" means the total cumulative area of the portions of a project
development site to be improved with planting and irrigation. It includes water bodies
supplied with water such as fountains, swimming pools and ponds but does not include
natural open spaces and non-irrigated storm water treatment areas (e.g., a detention
pond or non-irrigated bio swales), building footprints, walkways, decks, patios,
driveways, non-irrigated synthetic turf, non-irrigated portions of parking lots, and other
non-irrigated hardscape areas.
"Licensed Landscape Architect" An individual licensed by the NYS Department of
Education's Office of Professionals, to perform services further described in Title VIII of
the NYS Education Law.
"Low volume irrigation" means the application of irrigation water at low pressure through
a system of tubing or lateral lines and low volume emitters which may include but are
not limited to drip, drip lines, micro-sprayers, and bubblers and which target small
volumes of water at or near the root zone of plants.
"Low water using plant" means a plant that can survive throughout the year with little
irrigation and is semi-drought-tolerant.
"Rain sensor" or "rain sensing shutoff device" means a device in wired or wireless
communication with the automatic controller that shuts off the irrigation system when it
rains.
"Runoff and Overspray" The irrigation system shall deliver water at a rate compatible
with the site's soil types and infiltration rates. All irrigation systems shall be designed to
avoid runoff, low head drainage, overspray, or other similar conditions where water
flows onto adiacent property, non-irrigated areas, walks, roadways or structures. Proper
irrigation equipment and schedules, including features such as repeat cycles, shall be
used to closely match maximum application rates to infiltration rates.
"Soil moisture sensor" means an instrument for measuring the moisture content of the
soil and capable of interruption of the irrigation cycle sensor when excessive moisture is
detected.
"Smart irrigation controller" means an electronic automatic irrigation controller that is
weather- or soil-moisture-based with a timing device used to operate remote control
valves that operate an irrigation system, which schedules irrigation events using
evapotranspiration (weather-based) data such as that from the California Irrigation and
Management Information System (see definition of"CIMIS") and/or data from an integral
or auxiliary soil moisture or rain sensor, and which may also include a high flow sensor
for high flow damage or malfunction control.
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"Xeriscape" means quality landscapes that conserve water and protect the environment 10.4
and are adaptable to local conditions and which are drought tolerant. The principles of
Xeriscape include planning and design, appropriate choice of plants, soil analysis which
may include the use of solid waste compost, efficient irrigation, practical use of turf,
appropriate use of mulches, and proper maintenance.
$301-287 Site Improvements and Development Projects subject to Water Conservation
Landscape Requirements
A. This Chapter shall apply to all of the following development
application/projects:
1 Application for building permit for new development of a Single Family,
Two-Family or Multi-Family Residential Structure or an addition, renovation, alteration or
improvement of an existing Single Family, Two-Family or Multi-Family Residential
Structure increasing square footage by 25% or increases the existing lot area coverage
by 25% or greater; and
2. Application for Minor and Major Subdivision-including development of
each individual residential lot and all landscaped common areas (*note, a land division
without proposed development improvements shall not require a landscape design; and
3. Application for Site Plan and Special Permits, including applications for
expansion of existing commercial and industrial sites; and
B. The following development applications/projects are exempt from the
requirements of this Chapter:
1. Agricultural and horticultural commerce (for example, commercial activities
such as farming of grains, wine grapes, vegetables, fruit and nut trees and other
agricultural crop production; greenhouses; nurseries; and floriculture facilities); and
2. Plant collections, as part of botanical gardens and arboretums open to the
public; and
3. Ecological restoration proiects; and
4. Community gardens open to the public.
§301-288 Water Conservation Landscape Requirements
A. All applicants seeking a permit or approval of a site improvements or development
project identified in §287-A above shall provide a landscape design to include and be
installed meeting the following criteria:
1. All landscape designs shall employ best management practices and include a
minimum of fifteen percent (15%) of the total landscaped area Xeriscape or drought
tolerate or low water using plantings of the total landscaped areas; and
2. All landscape designs which include the installation of irrigation system(s), be it at the
time of issuance of the building permit or at any and all times after issuance of building
permit, shall adhere to the following requirements:
a) Low volume irrigation shall be used in all landscaped areas less than eight feet
in width in any direction; mulched areas; areas within 24 inches of a non-
permeable surface unless no runoff occurs or the adjacent non-permeable
surface drains entirely to permeable surfaces capable of admitting and retaining
the irrigation runoff; and, on slopes greater than 25 percent (where "25 percent"
means one foot of vertical elevation change for every four feet of horizontal
length), unless an alternative design having the effect of low volume irrigation
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(e.g., micro-sprayers) and which will avoid runoff and erosion is approved by 10.4
Director of Planning & Building Department, Planning Board or Town Board; and
b) Smart irrigation controllers shall be required for all irrigation systems and must
be able to accommodate all aspects of the design. Individual controllers irrigating
an area of 10,000 or more square feet shall be installed with a rain sensor(s)
which shall be properly installed (e.g., in a location suitable for detecting rain
without interference from structures and irrigation spray); and
c) Irrigation systems shall not be planned, installed or operated so as to permit
water to spray on public sidewalks, paved areas or neighboring parcels. No
underground piping shall be laid within the Town highway right-of-way; and
d) Nothing in this section shall be construed to limit, restrict or prohibit irrigation
of any sort which is accomplished by obtaining water by means that would not
deprive or otherwise retard recharge of the US EPA designated sole source
aquifer system under the Safe Water Drinking Act.
B. The landscape design package referenced in §288-A a shall be prepared by an
architect, landscape architect or certified nursery professional licensed by New York
State in good standing containing and satisfying the conditions and elements above
and submitted with the building permit application, site plan application, special permit
application or subdivision application. Notwithstanding the above, applicants seeking a
building permit for an addition, renovation, alteration or improvement of an existing
Single Family, Two-Family or Multi-Family Residential Structure increasing square
footage by 25% or increases the existing lot area coverage by 25% or greater shall not
be required to retain an architect or landscape architect and instead applicant may
prepare and submit a landscape plot plan, depicting the location of planting and
identification of plant/tree species.
C. The Superintendent of the Water District may require a site plan, special permit or
subdivision applicant to submit a copy of the water budget calculations required by the
project as part of the landscape design plan.
D. Upon approval of the landscape design plan, applicant shall be required to file a
covenant agreeing to maintain the landscape design plan in conformance with generally
acceptable landscaping practices and standards. The applicant shall authorize periodic
inspections upon reasonable notice. This covenant shall run with the land in perpetuity
and shall be binding upon any and all successors in interest.
X301-289 This Local Law shall take effect immediately upon filing with the Secretary of
State.
Dated: Riverhead, New York
July 7, 2020
* Underline represents addition(s)
* Overstrike represents deletion(s)
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
THE VOTE
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RESULT: ADOPTED [UNANIMOUS] 10.4
MOVER: Jodi Giglio, Councilwoman
SECONDER: Tim Hubbard, Councilman
AYES: Aguiar, Giglio, Hubbard, Kent, Beyrodt Jr.
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