HomeMy WebLinkAboutTown of Riverhead a 6 *f *W
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OffIce of the Town Clerk
Diane , "' car
Registrar of Vital Statistics RecordsManagement icer Marriage Officer
R ,t"IEIVEI;
October 2 , 2021
NOV f l ��
Suffolk County Planning Department
7
L.I. State Park Commission
�0en
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board ata Regular Town Board meeting on October 20, 2021
#11- Resolution # 642—Adopted 10/19/2021
ADOPTS AMENDMENT TO CHAPTER 213 OF THE RIVERHEAD TOWN CODE,
ENTITLE "ELECTRIC SCOOTERS"
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
0
Diane M. Wilhelm
W:cd
200 Howell Avenue Riverhead, New York 11901— (631)727-3200 II[;;�xt„ 260 a.- Fax
(631)208-4034
r'
Office of the Town Clerk
Mane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 2 , 2021
Honorable Town Irk:
Your response this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly lease sign and email back to the
Riverhead Clerk, i ill wilhelnis townofriverheadn
� m �ap
le:
Signature. `
'Town Board Meeting October 20, 6:00 PM
ENCLOSEDIT lease find the following resolution which was adopted by the
Riverhead Town Board ata Regular Town Board meetingOctober 20, 2021
Resolution -Adopted 10/20/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 253 ENTITLED
DINING" I
Sincerely,
/0,1,0, )I., �
Diane ill
Town Clerk
:c
200 I Howell Avenue -- Riverhead, New York 11901- (631)'727.®3200 Ext. 260 - IEax
(631)208-4034
,i
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 22, 2021
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 October 20, 2021
#13- Resolution # 644—Adopted 10/20/2021
ADOPTS A LOCAL LAW FOR MORATORIUM ON THE DEVELOPMENT OF
COMMERCIAL SOLAR ENERGY PRODUCTIONS SYSTEMS
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
r r
t :6A�xtr uu`rnv-pxrux ixui., f
O /
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 22, 2021
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 townofriverheadn ..qov.
Signature: Date:
Town Board Meeting October 20, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on October 20, 2021
#12- Resolution # 643 —Adopted 10/20/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 253 ENTITLED "OUTDOOR
DINING" OF THE CODE OF THE TOWN OF RIVERHEAD
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax
(631)208-4034
8.4
10.19.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-644
ADOPTS LOCAL LAW FOR MORATORIUM ON THE DEVELOPMENT OF
COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS
Councilman Rothwell offered the following resolution,
which was seconded by Councilman Hubbard
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law adopting a New Chapter 302, entitled
"Moratorium on the Development of Commercial Solar Energy Production Systems
within the Town of Riverhead", of the Code of the Town of Riverhead ("Riverhead Town
Code"); and
WHEREAS, a public hearing was held on the 21St day of September, 2021 at
6:05 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New
York, the date, time and place specified in said public notice, and all persons wishing to
be heard were heard; and
WHEREAS, a moratorium is considered a Type II action pursuant to 6NYCRR
Part 617.5(c) (26) & (33) as routine or continuing administration and management and
the adoption of policies in connection therewith and such, agency SEAR responsibilities
end with this designation with no significance determination being necessary.
NOW, THEREFORE, BE IT RESOLVED, that the local law adopting a New
Chapter 302, entitled "Moratorium on the Development of Commercial Solar Energy
Production Systems within the Town of Riverhead", of the Code of the Town of
Riverhead ("Riverhead Town Code") is hereby adopted as specified in the attached
notice of adoption; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption in summary once in the News-Review Newspaper and to post same
on the signboard at Town Hall; and be it further
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.
THE VOTE
RESULT: ADOPTED [4 TO p]
MOVER: Kenneth Rothwell, Councilman
SECONDER: Tim Hubbard, Councilman
AYES: Yvette Aguiar, Tim Hubbard, Catherine Kent, Kenneth Rothwell
ABSTAIN: Frank Beyrodt Jr.
Packet Pg. 20
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a
local law adding a new Chapter 302,entitled"Moratorium of the Development of Commercial
Solar Energy Systems within the Town of Riverhead" of the Code of the Town of Riverhead,at its
regular meeting held on September 15,2020.
Be it enacted by the Town Board of the Town of Riverhead as follows: 2
L
A LOCAL LAW adopting a new Chapter 302 of the Code of the Town of Riverhead entitled: o
"Moratorium of the Development of Commercial Solar Energy Systems within the Town of
Riverhead".
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L
Due to the length of the amendment,which includes repealing and replacing text and which is o
approximately 1,000 words,a copy of the entire text of the proposed local law and the provisions of the
existing law to be repealed and replaced may be reviewed at the Office of the Town Clerk,200 Howell -'
Avenue,Riverhead,New York 11.901,between the hours of 8:30 a.m. and 4:30 p.m.,Monday through o
Friday and can be accessed on the Town of Riverhead website at:www.tova-iofriverheadgy_gov under -'
the Agenda and Minutes for the October 19,2021 Town Board Meeting
0
Dated: Riverhead,New York
October 19, 2021
BY THE ORDER OF THE TOWN BOARD
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OF THE TOWN OF RIVE RHI AD
DIANE M.WILHELM,Town Clerk
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8.4.b
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a
local law adding a new Chapter 302,entitled"Moratorium of the Development of Commercial
Solar Energy Systems within the Town of Riverhead" of the Code of the Town of Riverhead,at its
regular meeting held on September 15,2020.
CHAPTER 302
L
A LOCAL LAW adopting a new Chapter 302 of the Code of the Town of Riverhead entitled:
"Moratorium of the Development of Commercial Solar Energy Production Systems within the o
Town of Riverhead".
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SECTION 1. (n
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302-1. Legislative Intent.
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In order to carry out the 2003 comprehensive plan the Town of Riverhead had hired as a o
consultant the firm of Abeles, Phillips, Preiss & Shapiro ("A P P & S"). -j
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With the intent on establishing a comprehensive means of preserving farmland in Riverhead
Land Ethics, Inc., Inc., a subcontractor to the Town's Comprehensive Plan consultant Abeles
Phillips, Preiss & Shapiro ("A, P, P & S"), developed a draft chapter for the 2003
Comprehensive Plan entitled "Preservation Strategy for or Agriculture in the Town of Riverhead". N
0
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It's geographic location at the intersection of the North and South Forks,
Riverhead is uniquely situated to benefit from agricultural preservation. Relative
to other communities on eastern Long Island, Riverhead still has a large amount
of contiguous agricultural space. Riverhead therefore has the potential to become c
the agricultural nexus or"heartland" of eastern Long Island ... Because of its a
unique geographic location, Riverhead stands to benefit economically if new 0
growth is well managed. To reap these benefits, Riverhead must carefully
balance three areas of actions: the revitalization of downtown; the accommodation o�
of new growth, and the maintenance of rural character in its outlying regions."
With regard to the current state of agriculture and agricultural lands within the Town of
Riverhead Land Ethics, Inc. further stated in that draft chapter:
U
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Over the nearly fifty-year period between 1950 and 1992, farmland in Suffolk
County decreased 71 percent, from 123,346 acres to 35,353 acres. According to
the Suffolk County Planning Department, farmland continues to decline at a rate
of roughly 1,300 (1,289) acres per year. ... In 1968, Riverhead has 30 percent of
the county's farmland(19,550) acres, nearly 30 years later in 1996, despite a 9
percent drop in the Town agricultural acreage, Riverhead had 38% of the county's
farmland— 17,662 acres. These figures indicate that Riverhead has a critical role
to play in the protection of prime agricultural lands in eastern Lon Island.
land.
Packet Pg.23
$.4.b
In an effort to further limited dependence on imported fossil fuels, and also achieve the goals of
providing sources of renewable energy as outlined in the 2003 comprehensive plan, the Town
Board of the Town of Riverhead in 2014 amended the Code of the Town of Riverhead to allow
for the placement of"Commercial Solar Energy Production Systems"by Special Permit in the
Light Industrial (LI)Zoning Use District, Industrial A (Ind A) Zoning Use District, Industrial B
(Ind B)Zoning Use District, and Planned Industrial Park(PIP) District. In addition, the
placement of"Commercial Solar Energy Production Systems"was also permitted by special
permit in the Industrial C (Ind C)Zoning Use District but limited to that district as located E
within the Hamlet of Calverton.
0
The Code of the Town of Riverhead at section 301-3 defines "Commercial Solar Energy o
Production Systems" as "An arrangement or combination of components installed upon land that
utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use o
pursuant to a power purchase agreement." Accordingly, by its' clear language, a"Commercial
Solar Energy Production Systems"would not include any residential application, nor any other
application made which does not include a power purchase agreement. Further, the Code of the
Town of Riverhead, in Chapter 217, and more particularly at section 217-12, sets forth
conditions for installation of residential or commercial energy conservation devices, which
include roof surface solar installations. This moratorium would not be applicable to, nor
preclude residential or commercial energy conservation devices proposed under section 217-12. o
�t
The location of the substation on Edwards Avenue has, in part, induced companies interested in
locating Commercial Solar Energy System to the Calverton Hamlet; as a result, the Town has
experienced a significant increase of Commercial Solar Energy Production Systems since o
enactment of Article LII, the Commercial Solar Energy Systems zoning text. Approved
applications will encompass approximately 660 acres of land in the Calverton zip code, with a x
large portion of that 660 acres being lands that are now or were in the past, used for agricultural
production.
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On October 2, 2019, the Town Board agreed to further update of a town-wide Comprehensive a
Plan by adoption of resolution number 2019-739, which approved hiring AKRF to assist with
that updated plan. 4-i
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On January 2, 2020, the Town of Riverhead and AKRF entered into an agreement setting form �0
terms and conditions regardingthe update of a town-wide Comprehensive Plan in accordance
with adopted resolution number 2019-739.
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Any further Commercial Solar Energy Productions Systems applications as defined by section
301-3 and as regulated under Article LII of the Code of the Town of Riverhead may impair the
effectiveness ofpro-posed changes under the plan to be developed in conjunction with AKRF,
may further exacerbate the loss of agricultural and natural resources sought to be preserved
through the implementation of forthcoming update to the Comprehensive Plan. It is the desire of
the Town Board to develop as part of the Comprehensive Plan a chapter outlining the balancing
of needs for renewable energy with a preservation strategy for agriculture in the Town of
Packet Pg.24.
8.4.b
Riverhead. The Town will endeavor to have that chapter ready for adoption and implementation
in approximately twelve months from the effective date of this local law.
Pending the adoption of the update to the Comprehensive Plan, a moratorium on the fiirther
development of Commercial Solar Energy Production Systems as defined by section 30 1-3 and
as regulated under Article LII of the Code of the Town of Riverhead on lands within the Town of
Riverhead will give the Town of Riverhead the time to consider the adoption of the zoning and
Planning changes necessaryprotect the public health, safety, and welfare, as well as the
landscape and agricultural heritage of the Town of Riverhead. E
L
Following completion of this comprehensive plan("Plan"), the Town will need to prepare a
Generic Environmental Impact Statement(GEIS) relating to the anticipated zoning chance
necessarytplement the Plan. Following the adoption of a GEIS, the Town may conduct
public hearings on any recommended zoning changes and thereafter adopt those zoning changes. 0
It is anticipated that these processes will be completed within the next 12 months. This o
continuation of moratorium will protect the status quo while the Town Board completes the 0
necessary tasks of determining the fiiture of solar in Calverton. J
75
The moratorium is not a building moratorium. Those applicants for development who have 0
obtained final site plan approval, special permit approval or state siting approval for the
construction of a"Commercial Solar Energy Production Systems" as defined in the Code of the o
Town of Riverhead are exempt. This local law recognizes the need to balance preservation with Q
business concerns as well as stated goals,by local government and by the state as well as federal
levels of government for establishment of and dependence upon, renewable energy sources. o
cq
In short, sound planning will lead to a higher quality of life for all of Riverhead's citizens. By N
briefly pausing for one year period, rather than for a longer period of several years or more, in x
order to enact the recommendations of the Plan for agriculture in the Town of Riverhead, the
Town is making an important investment for the future and upholding its commitments and w
obligations to its citizens. o
Q.
302-2. Statutory Authority/Supersession.
4-
This Chapter is adopted pursuant to Municipal Home Rule Law and the State Environmental °i
Quality Review Act and its implementing regulations. It expressly supersedes any provisions of z°
the Town Code of the Town of Riverhead, and § § 267, 267-a, 267-b, 267-c, 274-a and 274-b of
the Town Law of the State of New York. Furthermore, this Local Law shall supersede the New E
York State Environmental Conservation Law sections 3-0301(1)(b), 3-0301(2)(m), 8-0107 and
8-0113 and 6 NYCRR Part 617 also known as the State Environmental Quality Review Act
(SEQRA) as it pertains to applications that are neither excluded nor exempt from this Local Law.
In particular, this Local law shall supersede and suspend those provisions of the Town code and
New York State Law which require the Town Board and the Planning Board to accept, process
and approve Commercial Solar Energy System applications within certain statutory time periods.
In addition, this Local Law shall supersede and suspend those provisions of the Town Code of
the Town of Riverhead as well as the Town Law of the State of New York which require the
Town Board and the Planning Board to accept, process and approve site plan and special permit
Packet Pg.25
8.4.b
applications. Furthermore, this Local Law shall supersede and suspend those provisions of the
Town Code and the New York State Town Law which grant the Zoning Board of Appeals
authority to hear appeals from applicable zoning provisions and specifically the time frames for
decision making and holdinghearings for decision making
302-3 Applicability.
The provisions of this Chapter shall apply to all Commercial Solar Energy Production Systems
subdivision, site plan and special use permit applications for lands within the Town of Riverhead E
made under Article LII of the Code of the Town of Riverhead.
0
302-4. Processing of Commercial Solar Energy System Subdivision Applications, Site Plans 0
Applications and Special Permit Application Prohibited.
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Neither the Planning Board, nor the Town Board, shall process any Commercial Solar Energy `n
System subdivision applications, site plans applications or special permit applications except as o
set forth herein.
302-5. Time Period. o
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This Chapter shall apply for a period of twelve(12) months from the effective date hereof. This o
Chapter shall expire after said twelve (12) month period unless and until this time period is
extended by the Town Board after adoption of a subsequent Local Law. e,
302-6 Applications excluded or exempt. N
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The following applications are excluded or exempt from this Chapter: X
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(1) Any Commercial Solar EnergSystem pplications that have received final site plan
approval, special permit approval, or a state sitingapproval.
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(2) Any Commercial Solar Energy System pplication submitted in response to a Request for �0
Proposals made by the Town Board of the Town of Riverhead. <i
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(3) Any Commercial Solar Energy System pplication upon property designated pursuant to
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Articles 15 and 15-A of the General Municipal Law of the State of New York as an Urban
Renewal Area.
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(4) Any solar application made upon residential or commercial properties meeting the criteria of 2
energy conservation devices as defined under section 217-12 F. of the Code of the Town of Q
Riverhead and which are not being made pursuant to a power purchase agreement.
SECTION 2.
Packet Pg.
8.4.b
302-7 Severability.
If any section or subsection, paragraph, clause, phrase or portion of this local law shall be judged
invalid or held unconstitutional by a court of competent jurisdiction, any judgment made thereby
shall not affect the validity of this law as a whole or any part thereof other than the part of
provision so adjudged to be invalid or unconstitutional.
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SECTION 3. L
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302-8 Effective Date. 0
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This Local Law shall take effect upon the filing of this Local Law with the Secretary of State o
pursuant to the Municipal Home Rule Law. o
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• Overstrike represents deletion(s) J
• Underscore represents addition(s) o
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Dated: Riverhead,New York o
October 19, 2021 Q
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD CO
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DIANE M.WILHELM,Town Clerk N
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CHAPTER 302 Clean Copy#13-2021
A LOCAL LAW adopting a new Chapter 302 of the Code of the Town of Riverhead entitled:
"Moratorium of the Development of Commercial Solar Energy Production Systems within the
Town of Riverhead".
SECTION 1.
302-1. Legislative Intent.
In order to carry out the 2003 comprehensive plan,the Town of Riverhead had hired as a consultant
the firm of Abeles, Phillips, Preiss & Shapiro ("A, P, P & S").
With the intent on establishing a comprehensive means of preserving farmland in Riverhead,Land
Ethics, Inc., Inc., a subcontractor to the Town's Comprehensive Plan consultant, Abeles,Phillips,
Preiss & Shapiro ("A, P, P & S"), developed a draft chapter for the 2003 Comprehensive Plan
entitled "Preservation Strategy for Agriculture in the Town of Riverhead".
Its geographic location at the intersection of the North and South Forks, Riverhead
is uniquely situated to benefit from agricultural preservation. Relative to other
communities on eastern Long Island, Riverhead still has a large amount of
contiguous agricultural space. Riverhead therefore has the potential to become the
agricultural nexus or "heartland" of eastern Long Island ... Because of its unique
geographic location, Riverhead stands to benefit economically if new growth is
well managed. To reap these benefits,Riverhead must carefully balance three areas
of actions: the revitalization of downtown; the accommodation of new growth, and
the maintenance of rural character in its outlying regions."
With regard to the current state of agriculture and agricultural lands within the Town of
Riverhead Land Ethics, Inc. further stated in that draft chapter:
Over the nearly fifty-year period between 1950 and 1992, farmland in Suffolk
County decreased 71 percent, from 123,346 acres to 35,353 acres. According to
the Suffolk County Planning Department, farmland continues to decline at a rate of
roughly 1,300 (1,289) acres per year. ... In 1968, Riverhead has 30 percent of the
county's farmland (19,550) acres; nearly 30 years later in 1996, despite a 9 percent
drop in the Town agricultural acreage,Riverhead had 3 8%of the county's farmland
— 17,662 acres. These figures indicate that Riverhead has a critical role to play in
the protection of prime agricultural lands in eastern Long Island.
In an effort to further limited dependence on imported fossil fuels, and also achieve the goals of
providing sources of renewable energy as outlined in the 2003 comprehensive plan, the Town
Board of the Town of Riverhead in 2014, amended the Code of the Town of Riverhead to allow
for the placement of"Commercial Solar Energy Production Systems" by Special Permit in the
Light Industrial (LI) Zoning Use District, Industrial A (Ind A) Zoning Use District, Industrial B
(Ind B)Zoning Use District,and Planned Industrial Park(PIP)District. In addition,the placement
of"Commercial Solar Energy Production Systems" was also permitted by special permit in the
Industrial C (Ind C)Zoning Use District but limited to that district as located within the Hamlet of
Calverton.
The Code of the Town of Riverhead at section 301-3 defines "Commercial Solar Energy
Production Systems" as "An arrangement or combination of components installed upon land that
utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use
pursuant to a power purchase agreement." Accordingly, by its' clear language, a "Commercial
Solar Energy Production Systems" would not include any residential application, nor any other
application made which does not include a power purchase agreement. Further, the Code of the
Town of Riverhead, in Chapter 217, and more particularly at section 217-12, sets forth conditions
for installation of residential or commercial energy conservation devices, which include roof
surface solar installations. This moratorium would not be applicable to, nor preclude residential
or commercial energy conservation devices proposed under section 217-12.
The location of the substation on Edwards Avenue has, in part, induced companies interested in
locating Commercial Solar Energy System to the Calverton Hamlet; as a result, the Town has
experienced a significant increase of Commercial Solar Energy Production Systems since
enactment of Article LII, the Commercial Solar Energy Systems zoning text. Approved
applications will encompass approximately 660 acres of land in the Calverton zip code, with a
large portion of that 660 acres being lands that are now or were in the past, used for agricultural
production.
On October 2,2019,the Town Board agreed to further update of a town-wide Comprehensive Plan
by adoption of resolution number 2019-739, which approved hiring AKRF to assist with that
updated plan.
On January 2, 2020, the Town of Riverhead and AKRF entered into an agreement setting form
terms and conditions regarding the update of a town-wide Comprehensive Plan in accordance with
adopted resolution number 2019-739.
Any further Commercial Solar Energy Productions Systems applications as defined by section
301-3 and as regulated under Article LII of the Code of the Town of Riverhead may impair the
effectiveness of proposed changes under the plan to be developed in conjunction with AKU, may
further exacerbate the loss of agricultural and natural resources sought to be preserved through the
implementation of forthcoming update to the Comprehensive Plan. It is the desire of the Town
Board to develop as part of the Comprehensive Plan a chapter outlining the balancing of needs for
renewable energy with a preservation strategy for agriculture in the Town of Riverhead. The Town
will endeavor to have that chapter ready for adoption and implementation in approximately twelve
months from the effective date of this local law.
Pending the adoption of the update to the Comprehensive Plan, a moratorium on the further
development of Commercial Solar Energy Production Systems as defined by section 301-3 and as
regulated under Article LII of the Code of the Town of Riverhead on lands within the Town of
Riverhead will give the Town of Riverhead the time to consider the adoption of the zoning and
planning changes necessary to protect the public health, safety, and welfare, as well as the
landscape and agricultural heritage of the Town of Riverhead.
Following completion of this comprehensive plan ("Plan"), the Town will need to prepare a
Generic Environmental Impact Statement (GEIS) relating to the anticipated zoning changes
necessary to implement the Plan. Following the adoption of a GEIS,the Town may conduct public
hearings on any recommended zoning changes and thereafter adopt those zoning changes. It is
anticipated that these processes will be completed within the next 12 months. This continuation
of moratorium will protect the status quo while the Town Board completes the necessary tasks of
determining the future of solar in Calverton.
The moratorium is not a building moratorium. Those applicants for development who have
obtained final site plan approval, special pen-nit approval or state siting approval for the
construction of a "Commercial Solar Energy Production Systems" as defined in the Code of the
Town of Riverhead are exempt. This local law recognizes the need to balance preservation with
business concerns as well as stated goals, by local government and by the state as well as federal
levels of government for establishment of and dependence upon, renewable energy sources.
In short, sound planning will lead to a higher quality of life for all of Riverhead's citizens. By
briefly pausing for one year period, rather than for a longer period of several years or more, in
order to enact the recommendations of the Plan for agriculture in the Town of Riverhead,the Town
is making an important investment for the future and upholding its commitments and obligations
to its citizens.
302-2. Statutory Authority/Supersession.
This Chapter is adopted pursuant to Municipal Home Rule Law and the State Environmental
Quality Review Act and its implementing regulations. It expressly supersedes any provisions of
the Town Code of the Town of Riverhead, and § § 267, 267-a, 267-b, 267-c, 274-a and 274-b of
the Town Law of the State of New York. Furthermore, this Local Law shall supersede the New
York State Environmental Conservation Law sections 3-0301(1)(b), 3-0301(2)(m), 8-0107 and 8-
0113 and 6 NYCRR Part 617 also known as the State Environmental Quality Review Act
(SEQRA) as it pertains to applications that are neither excluded nor exempt from this Local Law.
In particular, this Local law shall supersede and suspend those provisions of the Town code and
New York State Law which require the Town Board and the Planning Board to accept, process
and approve Commercial Solar Energy System applications within certain statutoiy time periods.
In addition, this Local Law shall supersede and suspend those provisions of the Town Code of the
Town of Riverhead as well as the Town Law of the State of New York which require the Town
Board and the Planning Board to accept, process and approve site plan and special permit
applications. Furthermore, this Local Law shall supersede and suspend those provisions of the
Town Code and the New York State Town Law which grant the Zoning Board of Appeals authority
to hear appeals from applicable zoning provisions and specifically the time frames for decision
making and holding hearings for decision malting.
302-3 Applicability.
The provisions of this Chapter shall apply to all Commercial Solar Energy Production Systems
subdivision, site plan and special use permit applications for lands within the Town of Riverhead
made under Article LII of the Code of the Town of Riverhead.
302-4. Processing of Commercial Solar Energy System Subdivision Applications, Site Plans
Applications and Special Permit Application Prohibited.
Neither the Planning Board, nor the Town Board, shall process any Commercial Solar Energy
System subdivision applications, site plans applications or special permit applications except as
set forth herein.
302-5. Time Period.
This Chapter shall apply for a period of twelve(12) months from the effective date hereof. This
Chapter shall expire after said twelve (12) month period unless and until this time period is
extended by the Town Board after adoption of a subsequent Local Law.
302-6 Applications excluded or exempt.
The following applications are excluded or exempt from this Chapter:
(1)Any Commercial Solar Energy System applications that have received final site plan approval,
special permit approval, or a state siting approval.
(2) Any Commercial Solar Energy System application submitted in response to a Request for
Proposals made by the Town Board of the Town of Riverhead.
(3) Any Commercial Solar Energy System application upon property designated pursuant to
Articles 15 and 15-A of the General Municipal Law of the State of New York as an Urban Renewal
Area.
(4) Any solar application made upon residential or commercial properties meeting the criteria of
energy conservation devices as defined under section 217-12 F. of the Code of the Town of
Riverhead and which are not being made pursuant to a power purchase agreement.
SECTION 2.
302-7 Severability.
If any section or subsection, paragraph, clause, phrase or portion of this local law shall be judged
invalid or held unconstitutional by a court of competent jurisdiction, any judgment made thereby
shall not affect the validity of this law as a whole or any part thereof other than the part of provision
so adjudged to be invalid or unconstitutional.
SECTION 3.
302-8 Effective Date.
This Local Law shall take effect upon the filing of this Local Law with the Secretary of State
pursuant to the Municipal Home Rule Law.
I \ lil
1 VA%4P PTgpTPT}PJ_IM1RfTqTFTTUM
1
Office of the Town clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 22, 2021
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 October 20, 2021
#12- Resolution # 643 -Adopted 10/20/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 253 ENTITLED "OUTDOOR
DINING" OF THE CODE OF THE TOWN OF RIVERHEAD
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
I I
Z.uiir n.axniiirns rtA .nusarn._
Office of the Town Clerk
.Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 22, 2021
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-)townofriverheadn ..gov.
Signature: Date:
Town Board Meeting October 20, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on October 20, 2021
#12- Resolution # 643 -Adopted 10/20/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 253 ENTITLED "OUTDOOR
DINING" OF THE CODE OF THE TOWN OF RIVERHEAD
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901-- (631)727-3200 Ext. 260 - Fax
(631)20$-4034
8.3
10.19.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-643
ADOPTS A LOCAL LAW TO AMEND CHAPTER 253 ENTITLED "OUTDOOR
DINING" OF THE CODE OF THE TOWN OF RIVERHEAD
Councilman Beyrodt Jr. offered the following resolution,
which was seconded by Councilman Rothwell
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 253 entitled, "
Outdoor Dining "of the Riverhead Town Code('Town Code"); and
WHEREAS, a public hearing was held on the 21St day of September, 2021 at
6:15 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New
York, the date, time and place specified in said public notice, and all persons wishing to
be heard were heard; and
WHEREAS, the Riverhead Planning Department has reviewed the submission
and recommended it be considered a Type 11 action pursuant to 6NYCRR Part 617.5(c)
(26) & (33) as routine or continuing administration and management and the adoption of
policies in connection therewith such that agency SEQR responsibilities end with this
designation.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board be and hereby,
adopts the local law amending Chapter 253 entitled, "Outdoor Dining" of the Town
Code is hereby adopted as specified in the attached notice of adoption; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further
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.
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frank Beyrodt Jr., Councilman
SECONDER: Kenneth Rothwell, Councilman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet Pg. 16
8.3.a
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law to amend Chapter 253, entitled "Building, Building Construction and
Improvements and Housing Standards" of the Riverhead Town Code as it relates to fees
under section 217-12 thereof, at its regular meeting held on October 19, 2021.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 253 S
0
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OUTDOOR DINING o0
§ 253-1. Operation of sidewalk cafes. 0
The Fire Marshal is hereby authorized to grant annual revocable permits for M
the use of the sidewalks for sidewalk cafes upon the following terms and conditions: -'
A. No sidewalk cafe may be operated except:
0
(1) As an accessory to a restaurant or Fetail feed s lawfully operating on the first -'
floor of premises in the dGWRtGWR following zoning use districts DC-1; DC-2; DC-3; o
and VC . Q
(2) On the sidewalk adjoining the principal place of business which directly abuts a
sidewalk which is no less than te+44-03 (,six) 6 feet in width measured from the exterior wall
of the building in which the business is located to the inside edge of the curb and of Such N
en#ty no closer than three four feet from the curb. N
(3) By the entity which operates the restaurant or retail feed- Stere. The sidewalk cafe
area shall be located directly in front of the building occupied by the restaurant, shall not extend
more than six (6) feet from the exterior wall of the building, unless otherwise approved by the
L
Chief Fire Marshal, and unless the sidewalk is located on the side of the building, shall stay 00
within the width of(shall not exceed beyond the width of) the building space occupied by the
restaurant. O
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B. Permitted hours of operation shall be between 7:00 a.m. and 11:00 p.m. No Q
sidewalk cafe shall operate after 11:00 p.m. or when the entity with which it is
associated is not open to the public. o
C. With the exception of retractable awnings, �Ffurnishing of a sidewalk cafe shall
consist solely of readily removable umbrellas, covers, railings, table chairs, planters o
containing live plants, waste receptacles and accessories. Furnishings may not be Z
attached, even in a temporary manner, to the sidewalk or other public property or to any
building or structure. All furnishings shall be securely positioned so as to avoid E
windblown furnishings. All furnishings shall be removed from the sidewalk and stored in U
an approved manner when the sidewalk cafe is not in operation.
D. All food must be prepared within the existing restaurant OF rota;' feedstere upon
which the cafe permit has been granted.
E. The applicant shall be responsible for obtaining, maintaining in full force and effect
and complying with the terms and conditions of any permit which may be required under
any other law or regulation for the serving of food or beverages, including alcoholic
beverages, at a sidewalk cafe.
Packet Pg.-18
8.3.a
F. Sidewalk cafes, the public property on which they are located and the surrounding
area shall at all times be kept free and clear of litter, debris and any substance that may
damage the sidewalk or cause pedestrian injury.
G. Sidewalk cafes may not utilize any public amenities such as benches, seats or
municipal waste receptacles provided for public use of the sidewalk.
H. Sidewalk cafes may not provide buffet food service. Tableside service only may be
provided.
I. No designated parking stalls shall be obstructed by the permittee.
J. No sidewalk cafe shall impede handicapped access as required by any applicable
law. o
K. Permittees shall have one employee available at all times to collect and dispose of 0
windblown trash.
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§ 253-2. Application for permit. -J
U
A. Application for an annual permit pursuant to this chapter shall be made to the 0
Office of the Fire Marshal on forms provided by the Town. Such
forms shall contain information as may be reasonably required by the Fire Marshal to
establish compliance with the applicable codes, ordinances and regulations and shall
consist of the following information:
(1) One copy of the current Outdoor Sidewalk Dining Permit Application.
04 2)The name and address of the applicant. o
{2)5 The proposed site for the activity.
(4141 In the case of an application for a sidewalk cafe, a sketch plan showing the
proposed layout of the cafe.
B. The annual application shall be accompanied by an application fee of$ 5 150.
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§ 253-3. Determination on application.
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0
The Buil iRg De.,ar+., eRt Fire Marshal shall grant or deny an application for a permit o
pursuant to this chapter within seven days of its complete submission. When the sidewalk <
cafe is proposed to be located on Town of Riverhead property, approval of an application 0
pursuant to this chapter is subject to the applicant's submission of an insurance certificate
naming the Town of Riverhead as an additional insured with insurance limits and 0
insurance company acceptable to the Town Attorney.
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Packet Pg. 19
CHAPTER 253 Clean Copy#12-2021
OUTDOOR DINING
§ 253-1. Operation of sidewalk cafes.
The Fire Marshal is hereby authorized to grant annual revocable permits for the use of the
sidewalks for sidewalk cafes upon the following terms and conditions:
A. No sidewalk cafe may be operated except:
(1) As an accessory to a restaurant or lawfully operating on the first floor of premises in the
following zoning use districts, DC-1; DC-2; DC-3; and VC.
(2) On the sidewalk adjoining the principal place of business which directly abuts a sidewalk
which is no less than (six) 6 feet in width measured from the exterior wall of the building in
which the business is located to the inside edge of the curb and no closer than four feet from
the curb.
(3) By the entity which operates the restaurant or the sidewalk cafe area shall be located
directly in front of the building occupied by the restaurant, shall not extend more than six (6)
feet from the exterior wall of the building, unless otherwise approved by the Chief Fire
Marshal, and unless the sidewalk is located on the side of the building, shall stay within the
width of(shall not exceed beyond the width of) the building space occupied by the restaurant.
B. Permitted hours of operation shall be between 7:00 a.m. and 11:00 p.m. No sidewalk cafe
shall operate after 11:00 p.m. or when the entity with which it is associated is not open to the
public.
C. With the exception of retractable awnings, furnishing of a sidewalk cafe shall consist solely
of readily removable umbrellas, covers,railings,table chairs,planters containing live plants,waste
receptacles and accessories. Furnishings may not be attached, even in a temporary manner,to the
sidewalk or other public property or to any building or structure. All furnishings shall be securely
positioned so as to avoid windblown furnishings. All furnishings shall be removed from the
sidewalk and stored in an approved manner when the sidewalk cafe is not in operation.
D. All food must be prepared within the existing restaurant upon which the cafe permit has been
granted.
E. The applicant shall be responsible for obtaining, maintaining in full force and effect and
complying with the terms and conditions of any permit which may be required under any other
law or regulation for the serving of food or beverages, including alcoholic beverages,at a sidewalk
cafe.
F. Sidewalk cafes, the public property on which they are located and the surrounding area shall
at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk
or cause pedestrian injury.
G. Sidewalk cafes may not utilize any public amenities such as benches, seats or municipal waste
receptacles provided for public use of the sidewalk.
H. Sidewalk cafes may not provide buffet food service. Tableside service only may be provided.
I. No designated parking stalls shall be obstructed by the permittee.
J. No sidewalk cafe shall impede handicapped access as required by any applicable law.
K. Permittees shall have one employee available at all times to collect and dispose of windblown
trash.
§ 253-2. Application for permit.
A. Application for an annual permit pursuant to this chapter shall be made to the Office of the
Fire Marshal on forms provided by the Town. Such forms shall contain information as may be
reasonably required by the Fire Marshal to establish compliance with the applicable codes,
ordinances and regulations and shall consist of the following information:
(1) One copy of the current Outdoor Sidewalk Dining Permit Application.
(2) The name and address of the applicant.
(3) The proposed site for the activity.
(4)In the case of an application for a sidewalk cafe, a sketch plan showing the proposed layout
of the cafe.
B. The annual application shall be accompanied by an application fee of$150.
§ 253-3. Determination on application.
The Fire Marshal shall grant or deny an application for a permit pursuant to this chapter within
seven days of its complete submission. When the sidewalk cafe is proposed to be located on Town
of Riverhead property, approval of an application pursuant to this chapter is subject to the
applicant's submission of an insurance certificate naming the Town of Riverhead as an additional
insured with insurance limits and insurance company acceptable to the Town Attorney.
f
, 11F„ R1
14 � YU{IIl13�M '1
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FII IMi%F kiiA,{%
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 22, 2021
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 October 20, 2021
#11- Resolution # 642 -Adopted 10/19/2021
ADOPTS AMENDMENT TO CHAPTER 213 OF THE RIVERHEAD TOWN CODE,
ENTITLED "ELECTRIC SCOOTERS"
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
10.19.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-642
ADOPTS AMENDMENT TO CHAPTER 213 OF THE RIVERHEAD TOWN CODE,
ENTITLED "ELECTRIC SCOOTERS"
Councilwoman Kent offered the following resolution,
which was seconded by Councilman BeVrodt Jr.
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 213 of the
Riverhead Town Code entitled, "Bicycles"so as to rename said Chapter, "Bicycles &
Electric Scooters" and add an Article entitled "Electric Scooters"; and
WHEREAS, a public hearing was held on the 21st day of September, 2021 at
6:05 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New
York, the date, time and place specified in said public notice, and all persons wishing to
be heard were heard; and
WHEREAS, the Riverhead Planning Department has reviewed the submission
and recommended it be considered a Type 11 action pursuant to 6NYCRR Part 617.5(c)
(20) & (27) as routine or continuing administration and management and the adoption of
policies in connection therewith; and
WHEREAS, pursuant to 617.3(f), 617.5(a) and 617.6(a)(1)(i), agency SEQR
responsibilities end with this designation with no determination of significance being
necessary.
NOW, THEREFORE BE IT RESOLVED, that the local law amending Chapter
213 of the Riverhead Town Code entitled, "Bicycles"so as to rename said Chapter,
"Bicycles & Electric Scooters" and adding an Article entitled "Electric Scooters" and
providing for the enforcement thereof, including penalties for offenses is hereby adopted
as specified in the attached notice of adoption; and be it further,
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further,
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.
THE VOTE
Packet Pg. 9
RESULT: ADOPTED [UNANIMOUS] 8.2
MOVER: Catherine Kent, Councilwoman
SECONDER: Frank Beyrodt Jr., Councilman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet Pg. 10
8.2.a
TOWN OF RIVERHEAD a)
NOTICE OF ADOPTION o
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a N
local law amending Chapter 213 of the Riverhead Town Code entitled, "Bicycles"so as to rename Q
said Chapter, "Bicycles & Electric Scooters" and adding an Article entitled "Electric Scooters"
and providing for the enforcement thereof, including penalties for offenses at its regular meeting a
held on October 19, 2021 as follows:
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Chapter 213. Bicycles & Electric Scooters
Article II. Electric Scooters CL
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§213-11 Definitions. N;
A. For the purposes of this Chapter, the terms used herein are defined as follows:
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DOWNTOWN AREA
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Shall encompass the area bounded by the following streets, and shall NOT
include any operation upon the sidewalks appurtenant thereto: Beginning at o
the corner of Court Street and West Main Street; running thence east on U�
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West Main Street to the corner of Peconic Avenue and West Main Street o
thence south on Peconic Avenue to the Town line; thence east along the °
Town line to the intersection of McDermott Avenue and to the Town line; v
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thence north on McDermott Avenue to the intersection of McDermott
Avenue and East Main Street; thence east on East Main Street to the corner w
of East Main Street and Howell Avenue thence west from the corner of
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Howell Avenue and East Main Street to the corner of East Main Street and U
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Ostrander Avenue; thence north on Ostrander Avenue to the intersection of d
Ostrander Avenue and Second Street; thence west on Second Street to the N
intersection of Second Street and Roanoke Avenue; thence north onCL
Roanoke Avenue to the intersection of Roanoke Avenue and Railroad
Avenue; thence west on Railroad Avenue to the intersection of Railroad
Avenue and Osborne Avenue', thence south on Osborne Avenue to the o
intersection of Osborne Avenue and Court Street; thence west on Court C.
0
Street to the intersection of Court Street and West Main Street. <
ELECTRIC SCOOTER a)
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Any two tandem wheeled device that has handlebars, is designed to be 0
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stood upon b t�perator and is powered by an electric motor that is
capable of propelling the device with or without human propulsion. E
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Packet Pg. 12
$.2.a
SHARED ELECTRIC SCOOTER SYSTEM
A network of self-service and publicly available electric scooters, and M
related infrastructure, in which an electric scooter trip begins and/or ends
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on any public highway. a
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§213-12 Compliance with Federal and State law provisions. C)i
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A. Electric scooters shall comply with all applicable federal safety standards. a
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B. This article is adopted pursuant to the New York State Vehicle and Traffic Law, v
Section 1281, subsection 2(b)thereof. �E
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C. Except as actually set forth in this chapter, the Town of Riverhead hereby 0
incorporates by reference the provisions of Article 34-D, Section 1282 thereof, of
the Vehicle and Traffic Law of the State of New York as it now exists and as from
time to time may be amended. Should the requirements of this chapter conflict with
or otherwise be inconsistent with any provision or requirement of the Vehicle and N
Traffic Law, the more stringent provisions, or those imposing the higher standards,
shall govern.
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§213-13 Rules and regulations o
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A. Electric scooters may be operated upon public highways and roads, subject to the
rules and regulations set forth herein. o
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B. No person shall operate an electric scooter in excess of fifteen(15) miles per hour.
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C. Operation of electric scooters shall be prohibited on any roadway or highway with w
a posted speed limit in excess of thirty(30) miles per hour and electric scooters =
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shall not be operated within designated bicycle lanes. U
D. Operators of electric scooters shall be required to wear a helmet designed to protect
against serious head injury at all times that the scooter is in motion.
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E. Riding abreast. When two or more persons in a group are operating electric scooters U
on a roadway, they shall ride single file.
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F. No electric scooter shall be used to carry more than one person at one time. No 0
person operating an electric scooter shall carry any person as a passenger in a pack <
fastened to the operator or fastened to the electric scooter. °
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G. No person operating an electric scooter shall carry any package, bundle or article z0
which prevents the operator from keeping at least one hand upon the handle bars or c
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which obstructs his or her vision in any direction and both wheels of the scooter E
shall be upon the ground at all times during operation.
Packet Pg. 13
8.2.a
H. Every person operating an electric scooter shall yield the right of waypedestrians
in all circumstances. o
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I. Intoxication. No person shall operate an electric scooter while in an intoxicated
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condition. g.
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J. Drugs.No person shall operate an electric scooter while his or her ability to operate o
such a device is impaired by the use of a drug as defined in the Vehicle and Traffic
Law 1192, Subdivision 4. E
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K. Compliance with regulations. Every person operating an electric scooter shall obey E
all stop signs and traffic control signals and comply with all traffic regulations of Q
the Town. °
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L. Sidewalks restricted.No person shall operate, park, abandon or keep motionless an
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electric scooter on any sidewalk within the downtown area as hereinabove N
described unless parked in a designated area, stall or other corral designated for the c�w
parking of electric scooters.
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M. Traffic regulations. Every person operating an electric scooter shall strictly observe o
all traffic signs and signals and all other traffic rules and regulations applicable
thereto and shall obey the orders and directions of every officer of the Town o
authorized to direct or regulate traffic. u
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N. No electric scooter shall be operated upon any way, or in anyplace to which the
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public has a right of access, or in any place which the public has right of access as w
invitees or licensees, within the Town of Riverhead, New York between the hours
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of one-half hour after sunset and one-half hour before sunrise. u
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O. No electric scooter shall be operated upon Main Street between Court Street cl
extending east to Old County Road/Route 58.
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P. No electric scooter shall be operated upon and/or within the bicycle path system
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located at Vietnam Veterans Memorial Recreation Trail at the Calverton Enterprise
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Park. g
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§213-14 Authorization for Shared Electric Scooter Systems.
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Pursuant to the provisions of Article 34-D, Section 1282 thereof, of the Vehicle and Traffic U
Law of the State of New York, subdivision 10(a) the Town of Riverhead specifically z
authorizes the operation of shared electric scooter systems within the Downtown Area of
the Town of Riverhead as defined hereinabove at §213-11 except that no electric scooter E
shall be operated upon Main Street between Court Street extending east to Howell Avenue. u
Packet Pg. 14
8.2.a
Electric scooters may cross Main Street to and from permitted roadways. Any such
operation of shared electric scooter systems shall be pursuant to agreement with and o
Resolution of the Riverhead Town Board. r
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X213-15 Enforcement.
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The Riverhead Police Department shall enforce the provisions of this chapter by the o
issuance of a summons returnable in the Riverhead Justice Court.
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§213-16 Penalties for offenses. _
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A violation of this chapter shall be punishable by imprisonment of up to 15 days and/or a U)
fine of up to $250.00. 0
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* Underline represents addition(s) C°
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* Overstrike represents deletion(s) N
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Dated: Riverhead, New York CY)
October 19, 2021 0
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BY ORDER OF THE TOWN BOARD o
OF THE TOWN OF RIVERHEAD 0
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DIANE M. WILHELM, Town Cleric
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Town of Riverhead
Local Law#11-2021
Chapter 213. Bicycles & Electric Scooters
Article II. Electric Scooters
§213-11 Definitions.
A. For the purposes of this Chapter, the terms used herein are defined as follows:
DOWNTOWN AREA
Shall encompass the area bounded by the following streets, and shall NOT
include any operation upon the sidewalks appurtenant thereto: Beginning at
the corner of Court Street and West Main Street; running thence east on
West Main Street to the corner of Peconic Avenue and West Main Street;
thence south on Peconic Avenue to the Town line; thence east along the
Town line to the intersection of McDermott Avenue and to the Town line;
thence north on McDermott Avenue to the intersection of McDermott
Avenue and East Main Street; thence east on East Main Street to the corner
of East Main Street and Howell Avenue, thence west from the corner of
Howell Avenue and East Main Street to the corner of East Main Street and
Ostrander Avenue; thence north on Ostrander Avenue to the intersection of
Ostrander Avenue and Second Street; thence west on Second Street to the
intersection of Second Street and Roanoke Avenue; thence north on
Roanoke Avenue to the intersection of Roanoke Avenue and Railroad
Avenue; thence west on Railroad Avenue to the intersection of Railroad
Avenue and Osborne Avenue; thence south on Osborne Avenue to the
intersection of Osborne Avenue and Court Street; thence west on Court
Street to the intersection of Court Street and West Main Street.
ELECTRIC SCOOTER
Any two tandem wheeled device that has handlebars, is designed to be
stood upon by the operator and is powered by an electric motor that is
capable of propelling the device with or without human propulsion.
SHARED ELECTRIC SCOOTER SYSTEM
A network of self-service and publicly available electric scooters, and
related infrastructure, in which an electric scooter trip begins and/or ends
on any public highway.
1
§213-12 Compliance with Federal and State law provisions.
A. Electric scooters shall comply with all applicable federal safety standards.
B. This article is adopted pursuant to the New York State Vehicle and Traffic Law,
Section 1281, subsection 2(b) thereof.
C. Except as actually set forth in this chapter, the Town of Riverhead hereby
incorporates by reference the provisions of Article 34-D, Section 1282 thereof, of
the Vehicle and Traffic Law of the State of New York as it now exists and as from
time to time may be amended. Should the requirements of this chapter conflict with
or otherwise be inconsistent with any provision or requirement of the Vehicle and
Traffic Law,the more stringent provisions, or those imposing the higher standards,
shall govern.
§213-13 Rules and regulations
A. Electric scooters may be operated upon public highways and roads, subject to the
rules and regulations set forth herein.
B. No person shall operate an electric scooter in excess of fifteen (15) miles per hour.
C. Operation of electric scooters shall be prohibited on any roadway or highway with
a posted speed limit in excess of thirty (30) miles per hour and electric scooters
shall not be operated within designated bicycle lanes.
D. Operators of electric scooters shall be required to wear a helmet designed to protect
against serious head injury at all times that the scooter is in motion.
E. Riding abreast. When two or more persons in a group are operating electric scooters
on a roadway, they shall ride single file.
F. No electric scooter shall be used to carry more than one person at one time. No
person operating an electric scooter shall carry any person as a passenger in a pack
fastened to the operator or fastened to the electric scooter.
G. No person operating an electric scooter shall carry any package, bundle or article
which prevents the operator from keeping at least one hand upon the handle bars or
which obstructs his or her vision in any direction and both wheels of the scooter
shall be upon the ground at all times during operation.
H. Every person operating an electric scooter shall yield the right of way to pedestrians
in all circumstances.
I. Intoxication. No person shall operate an electric scooter while in an intoxicated
2
condition.
J. Drugs. No person shall operate an electric scooter while his or her ability to operate
such a device is impaired by the use of a drug as defined in the Vehicle and Traffic
Law § 1192, Subdivision 4.
K. Compliance with regulations. Every person operating an electric scooter shall obey
all stop signs and traffic control signals and comply with all traffic regulations of
the Town.
L. Sidewalks restricted.No person shall operate,park, abandon or keep motionless an
electric scooter on any sidewalk within the downtown area as hereinabove
described unless parked in a designated area, stall or other corral designated for the
parking of electric scooters.
M. Traffic regulations. Every person operating an electric scooter shall strictly observe
all traffic signs and signals and all other traffic rules and regulations applicable
thereto and shall obey the orders and directions of every officer of the Town
authorized to direct or regulate traffic.
N. No electric scooter shall be operated upon any way, or in any place to which the
public has a right of access, or in any place which the public has right of access as
invitees or licensees, within the Town of Riverhead, New York between the hours
of one-half hour after sunset and one-half hour before sunrise.
O. No electric scooter shall be operated upon Main Street between Court Street
extending east to Old County Road/Route 58.
P. No electric scooter shall be operated upon and/or within the bicycle path system
located at Vietnam Veterans Memorial Recreation Trail at the Calverton Enterprise
Park.
§213-14 Authorization for Shared Electric Scooter Systems.
Pursuant to the provisions of Article 34-D, Section 1282 thereof, of the Vehicle and Traffic
Law of the State of New York, subdivision 10(a) the Town of Riverhead specifically
authorizes the operation of shared electric scooter systems within the Downtown Area of
the Town of Riverhead as defined hereinabove at §213-11 except that no electric scooter
shall be operated upon Main Street between Court Street extending east to Howell Avenue.
Electric scooters may cross Main Street to and from permitted roadways. Any such
operation of shared electric scooter systems shall be pursuant to agreement with and
Resolution of the Riverhead Town Board.
3
§213-15 Enforcement.
The Riverhead Police Department shall enforce the provisions of this chapter by the
issuance of a summons returnable in the Riverhead Justice Court.
§213-16 Penalties for offenses.
A violation of this chapter shall be punishable by imprisonment of up to 15 days and/or a
fine of up to $250.00.
4
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„ r u aig
Office IIIe T*own
Clerk
itane Al. Wilhelm, . . ..
. .
is r to tis cs e e ement Officer Marriage Officer
October 8, 221
Honorable Town Clerk:
Your response tat Is letter will acknowledge receipt of the attached resolution
adopted the Riverhead Town Board, Kindly please sign and email back to the
fiver ea Town Clerk, Diane Wilhelm t ilt'iel n c gwriofriveitihead QL
Signature: _ ate: -
Town Board I leet4 ct er 5, 2.00 fill
ENCLOSEDlease find the following resolution which was adopted by the
Riverhead Town Board a Regular Town Board meetingon ctoe , 2021
Resolution
ADOPTSL A 7 OF THE RIVERHEADTOWN
ENTITLEDCODE "ANIMALS"
Sincerely,
Diane M. Wilhelm
Town Clerk
®c
200 Fl welllll Avenue - IZlverhead, New York 11,190,11- (631)"727-,3200 III.°;1;: .t 261 - Fax
(631)208-4034-
'res rr rr;osr r�rAr nx r r,cpessuu
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 8, 2021
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 October 5, 2021
#10- Resolution # 563 —Adopted 10/05/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 207 OF THE RIVERHEAD TOWN
CODE ENTITLED "ANIMALS"
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
J 1
PS 'i
;P0.%Ai OPgPjfkll-ry%wPCwP%554M
l
V
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 8, 2021
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(a7townofriverheadn ..gov.
Signature: Date:
Town Board Meeting October 5, 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 October 5, 2021
#10- Resolution # 563 —Adopted 10/05/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 207 OF THE RIVERHEAD TOWN
CODE ENTITLED "ANIMALS"
Sincerely,
10'L�)�_ l/Ua'_
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax
(631)20$-4034
11.$
10.05.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-632
ADOPTS LOCAL LAW TO AMEND CHAPTER 207 OF THE RIVERHEAD TOWN
CODE ENTITLED "ANIMALS"
Councilman Rothwell offered the following resolution,
which was seconded by Councilman Hubbard
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 207, entitled
"Animals", Article IV of the Riverhead Town Code entitled, `Prohibition on Sales of
Commercially Bred Dogs, Cats and Rabbits in Pet Stores, on August 17, 2021, by Town
Board Resolution No.: 2021-550; and
WHEREAS, a public hearing was held on the 8th day of September, 2021 at 2:05
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard; and
WHEREAS, at the meeting held on the 8th day of September, 2021, the Town
Board agreed to keep the meeting open for written comments until September 20, 2021;
and
NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 207,
Article IV, entitled "Prohibition on Sales of Commercially Bred Dogs, Cats and Rabbits
in Pet Stores" of the Riverhead Town Code be and is hereby adopted as specified in the
attached notice of adoption; and be it further
RESOLVED, that the Town Clerk be and is hereby authorized to publish the
attached notice of adoption once in the News Review, the official newspaper, and to
post same on the signboard at Town Hall; and be it further
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.
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth Rothwell, Councilman
SECONDER: Tim Hubbard, Councilman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet Pg. 30
TOWN OF RIVERHEAD
NOTICE OF ADOPTION c
a
PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead
LU
adopted a local law amending Chapter 207 entitled "Animals", Article IV, "Prohibition on
Sales of Commercially Bred Dogs, Cats and Rabbits in Pet Stores'; at its regular meeting U
held on the 5t" day of October, 2021 at Riverhead Town Hall, 200 Howell Avenue,
Riverhead, New York 11901.
0
Be it enacted by the Town Board of the Town of Riverhead as follows:
Chapter 207. Animals
Article IV. Prohibition on Sales of Commercially Bred Dogs, Cats and
Rabbits in Pet Stores
4-
Chapter 207 Animals o
Article IV Prohibition on Sales of Commercially Bred Dogs, Cats and N
L
Rabbits in Pet Stores
a
207-26 Purpose.
It is the purpose and intent of the Town of Riverhead to promote animal welfare and ¢E
encourage best practices in the breeding and purchasing of dogs, cats and rabbits offered 0
for retail sale in the Town of Riverhead.
J
207-27 Definitions.
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J
For the purposes of this article only, the following words and terms shall be deemed to
0.
mean and be construed as follows: 0
CERTIFICATE OF SOURCE M
Any document from the source town or county animal shelter or animal control
agency, humane society, or non-profit rescue organization declaring the source of N
the dog, cat or rabbit on the premises of the pet shop, retail business, or other
commercial establishment.
E
COMMERCIAL ESTABLISHMENT ¢
Any for-profit business enterprise, including a sole proprietorship engaged in retail or N
wholesale commerce related to dogs, cats and rabbits, including grooming parlors, C)
canine day care, and boarding facilities.
_
U
NON-PROFIT RESCUE ORGANIZATION o
A rescue and humane organization defined as a New York State nonprofit corporation
that is exempt from taxation under Internal Revenue Code Section 501(c)(3),
participates in early-age spay/neuter of animals and complies with state and local
laws regarding the humane treatment of animals and whose mission and practice is, a)
in whole or in significant part, the rescue and placement of dogs and/or cats and/or o
rabbits. z
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Packet.. Pg.32
11.8.a
PERSON
A natural person, corporation, unincorporated association, proprietorship, firm, c
partnership, ioint venture, joint stock association, or other entity or business
organization of any kind.
w
§ 207-28 Prohibition of the Sale of Dogs, Cats and Rabbits. 0
A. It is unlawful for any person to display, offer for sale, deliver, barter, auction, give o
away, transfer, or sell any live dog, cat or rabbits in any pet shop, retail business, or other ~
commercial establishment located in the Town of Riverhead, unless the dog, cat or rabbit
was obtained from a town or county animal shelter or animal control agency, a humane
society, or a non-profit rescue organization registered with the New York State
ry
Department of Agriculture. _
4-
B. All pet shops, retail businesses, or other commercial establishments selling dogs, cats °
or rabbits shall maintain a certificate of source for each of the animals and make it
available upon request to animal control officers, law enforcement, code enforcement
officials, or any other Town employee charged with enforcing the provisions of this
section.
C. Cats obtained by donation from a local resident for no charge may also be displayed, E
sold, and/or offered for sale; provided, however, that the pet store owner or operator shall 0
maintain a certificate of source on file and notify the Town in writing of any sale of any
such locally donated cat.
u
D. A pet store that, as of the effective date of the ordinance codified in this section,
displayed, sold, delivered, offered for sale, bartered, or auctioned dogs, cats or rabbits in
the Town, which were obtained from sources other than those permitted by subsection A, 0
and whose operations complied with all applicable provisions of this code, may continue
to display, sell, deliver, offer for sale, barter, or auction dogs, cats and rabbits obtained N
from sources other than those permitted by subsection A, for a maximum of 90 days of
the effective date. o
N
207-29 Adoption of Shelter and Rescue Animals.
E
Nothing in this section shall prevent the owner, operator, or employees of a pet shop, i
retail business or other commercial establishment located in the Town of Riverhead from o
providing space and appropriate care for animals owned by a town or county animal
shelter or animal control agency, humane society, or non-profit rescue organization and 0
maintaining those animals at the pet shop, retail business, or other commercial
establishment for the purpose of public adoption.
.2 o
0.
207-30 Enforcement.
Q
This article shall be enforced by the Town's Code Enforcement Officer(s), or law
enforcement officers. :P
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§ 207-31 Penalties for Offenses.
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Packet Pg. 33
11.8.a
Any person who violates any provision of the article shall be guilty of a violation
Punishable by a fine not less than $250 nor more than $750 and/or imprisonment for not
more than 15 days for a first offense, and by a fine not less than $500 nor more than
$1,500 and/or imprisonment for not more than 15 days for a second offense. A third and
subsequent violations of this article shall be prosecuted as a misdemeanor punishable by
a fine not less than $1,000 nor more than $2,500 and/or imprisonment for not more than o
30 days. Any violation of this article, per animal, shall be prosecuted as separate
violations.
O
Dated: Riverhead, New York
October 5, 2021
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* Underline represents addition(s)
* Overstrike represents deletion(s) o
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Local Law#10-2021
Chapter 207 Animals
Article IV. Prohibition on Sales of Commercially Bred Dogs, Cats and
Rabbits in Pet Stores
§ 207-26 Purpose.
It is the purpose and intent of the Town of Riverhead to promote animal welfare and
encourage best practices in the breeding and purchasing of dogs, cats and rabbits offered
for retail sale in the Town of Riverhead.
§ 207-27 Definitions.
For the purposes of this article only, the following words and terms shall be deemed to
mean and be construed as follows:
CERTIFICATE OF SOURCE
Any document from the source town or county animal shelter or animal control
agency, humane society, or non-profit rescue organization declaring the source of
the dog, cat or rabbit on the premises of the pet shop, retail business, or other
commercial establishment.
COMMERCIAL ESTABLISHMENT
Any for-profit business enterprise, including a sole proprietorship engaged in retail or
wholesale commerce related to dogs, cats and rabbits, including grooming parlors,
canine day care, and boarding facilities.
NON-PROFIT RESCUE ORGANIZATION
A rescue and humane organization defined as a New York State nonprofit corporation
that is exempt from taxation under Internal Revenue Code Section 501(c)(3),
participates in early-age spay/neuter of animals and complies with state and local
laws regarding the humane treatment of animals and whose mission and practice is,
in whole or in significant part, the rescue and placement of dogs and/or cats and/or
rabbits.
PERSON
A natural person, corporation, unincorporated association, proprietorship, firm,
partnership, joint venture, joint stock association, or other entity or business
organization of any kind.
§ 207-28 Prohibition of the Sale of Dogs, Cats and Rabbits.
A. It is unlawful for any person to display, offer for sale, deliver, barter, auction, give
away, transfer, or sell any live dog, cat or rabbits in any pet shop, retail business, or other
commercial establishment located in the Town of Riverhead, unless the dog, cat or rabbit
was obtained from a town or county animal shelter or animal control agency, a humane
society, or a non-profit rescue organization registered with the New York State
Department of Agriculture.
B. All pet shops, retail businesses, or other commercial establishments selling dogs, cats
or rabbits shall maintain a certificate of source for each of the animals and make it
available upon request to animal control officers, law enforcement, code enforcement
officials, or any other Town employee charged with enforcing the provisions of this
section.
C. Cats obtained by donation from a local resident for no charge may also be displayed,
sold, and/or offered for sale; provided, however, that the pet store owner or operator shall
maintain a certificate of source on file and notify the Town in writing of any sale of any
such locally donated cat.
D. A pet store that, as of the effective date of the ordinance codified in this section,
displayed, sold, delivered, offered for sale, bartered, or auctioned dogs, cats or rabbits in
the Town, which were obtained from sources other than those permitted by subsection A,
and whose operations complied with all applicable provisions of this code, may continue
to display, sell, deliver, offer for sale, barter, or auction dogs, cats and rabbits obtained
from sources other than those permitted by subsection A, for a maximum of 90 days of
the effective date.
§ 207-29 Adoption of Shelter and Rescue Animals.
Nothing in this section shall prevent the owner, operator, or employees of a pet shop,
retail business, or other commercial establishment located in the Town of Riverhead from
providing space and appropriate care for animals owned by a town or county animal
shelter or animal control agency, humane society, or non-profit rescue organization and
maintaining those animals at the pet shop, retail business, or other commercial
establishment for the purpose of public adoption.
§ 207-30 Enforcement.
This article shall be enforced by the Town's Code Enforcement Officer(s), or law
enforcement officers.
§ 207-31 Penalties for Offenses.
Any person who violates any provision of the article shall be guilty of a violation
punishable by a fine not less than $250 nor more than $750 and/or imprisonment for not
more than 15 days for a first offense, and by a fine not less than $500 nor more than
$1,500 and/or imprisonment for not more than 15 days for a second offense. A third and
subsequent violations of this article shall be prosecuted as a misdemeanor punishable by
a fine not less than $1,000 nor more than $2,500 and/or imprisonment for not more than
30 days. Any violation of this article, per animal, shall be prosecuted as separate
violations.
2
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r.'.ari..r�raY�"n": a
r Vi
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 27, 2021
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 To n Clerk, Diane Wilhelm at wilhelm townofriverheadn . ov,
Signature: Date: 0 /,1
Town Board Meeting Septmeber 21, 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 September 21, 2021
#9- Resolution # 563 -Adopted 9/21/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS,
BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING
STANDARDS" OF THE RIVERHEAD TOWN CODE (BUILDING PERMIT FEES)
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax
(631)208-4034
rcriS bxouw`iTrgxnKiw4Msssuox,.J
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 27, 2021
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 September 21, 2021
#9- Resolution # 563 —Adopted 9/21/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS,
BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING
STANDARDS" OF THE RIVERHEAD TOWN CODE (BUILDING PERMIT FEES)
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
:X
Diane M. Wilhelm
DMW:cd
200 Howell Avenue — Riverhead, New York 11901.. (631)727-3200 Ext. 260 — Fax
(631)208-4034
'pKAlt pK .. Aft 1IK9
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 27, 2021
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 Septmeber 21, 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 September 21, 2021
#9- Resolution # 563 —Adopted 9/21/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS,
BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING
STANDARDS" OF THE RIVERHEAD TOWN CODE (BUILDING PERMIT FEES)
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 -y Fax
(631)208-4034
10.2
09.21.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-563
ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS
BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS"
OF THE RIVERHEAD TOWN CODE (BUILDING PERMIT FEES)
Councilwoman Kent offered the following resolution,
which was seconded by Councilman Beyrodt Jr.
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 217, entitled
"Buildings, Building Construction and Improvements and Housing Standards" of the
Code of the Town of Riverhead ("Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 17th day of August, 2018 at 6:10
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard; and
WHEREAS, the Riverhead Planning Department has reviewed the submission
and recommended it be considered a Type II action pursuant to 6NYCRR Part 617.5(c)
(26) & (33) as routine or continuing administration and management and the adoption of
policies in connection therewith and such, agency SEQR responsibilities end with this
designation with no significance determination being necessary.
NOW, THEREFORE, BE IT RESOLVED, that the local law amending Chapter
217 entitled, "Buildings, Building Construction and Improvements and Housing
Standards" of the Riverhead Town Code is hereby adopted as specified in the attached
notice of adoption; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further
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.
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Catherine Kent, Councilwoman
SECONDER: Frank Beyrodt Jr., Councilman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet Pg.27
10.2.a
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law to amend Chapter 217, entitled "Building, Building Construction and a)
Improvements and Housing Standards" of the Riverhead Town Code as it relates to fees
under section 217-12 thereof, at its regular meeting held on September 8, 2021.
Be it enacted by the Town Board of the Town of Riverhead as follows:
2
CHAPTER 217 m
Part I Administration and Enforcement of Uniform Code
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§ 217-12 Building permit fees. S
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A. Ne peFFnit uRdeF this PaFt 1 shall be issued uRtil the fee as shall be pFeSGFibe4-by
FeselutmeR ef the Tewn Board shall have beeR Paid, R9F I-Sh-All A—A -A.PqeRdMeRt tE) a PeRnit
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the hi 1ildiRg nr StFUG},ire shall have been pair) 0
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B. The minornurn fee feF aRY permit Fequired under this Part , J
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RGI61diRg the fee fer a zeniRg permit under GhapteF 301, ZeniRg and Land Development, O
shall he $100 ($20C)) unless the applicant is exempt ,iRder this Dart 1 N
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dif-3-ANP-d- and elderly at entraRGes tG and WithiR IbUildiRgS Shall -he exempt fFeM building d
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permit fees L?
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D. "Fee „ N
F=Gr eaGh build;Rg pemnit where the GonstruGt"E)R GOSt shall eXGeed $1,90C), there shall be
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$100. The basis f9F GE)M1961tiRg GO-e-sts shall -hp feet ef the fleor aFea
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(1) DW.el'{RgS, e • additional
, ,
stn ries $40 per snare fent O
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per square feet; additienal stories $55 per square fent �
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(4) AGGessE)Fy and utility buildings: maiR StGFY, $50 per square feet; additieRal
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steries $25 per sg,,are fent O
(11) R,,ilding permit fees shall he waived far all home madifir+ations relater? toV!Rg aGGess for persons with mebilit, i tS, iRGI61diRg, 1961t R9t limited te,
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ramps oad kitchen and bathrenm reneyatinns
Packet Pg.29�
10.2.a
(6) (2) The buildiRg fee permit shall be FeduGed by $309, 9F waived, whiGheveF is
I nr.e Ynnrate the fnllnln+inn 1 miversal design "basin annesdl feats Tres•
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ontranne (front rear side OF garage\• N
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(b) First_fleer deers with at least thirty t+nin_innh clear nassarre• t,
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(G) First fleeF bathreem (half bath OF MGFe) that allews fer full eRtFy ef wheelGhaiF 0)
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with the ability te Giese the
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(GGFnMGRIY Galled II it
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feet; T
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additiGRal L
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fent' additienal steries $75 ger square fent
fent• additional steries $75 ger square fent
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(10) The bUildiRg permit fee shall be waived fE)F all MGd*fiGatmORS tO GE)mR;eFGoal <O
, f4
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(11) All ef the buwld*Rg, PIUMbiRg, -A.Pd- etheF peFmmt fees shall be waived far O
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lmnrE)yement Drnrvram i3
(4 2) F=E)6IRdatiGR GRIY: $69 per InReaF feet.
42
to T
1,000 square feet and $95 feF aIaFge buildiRg1,009 square feet. N
(14) The fee feF a GIUPIOGate GertifiGate Of GGGHPaRGY Shall be $150, and letters e N
pFeexiStoRg use and inspeGtOOR above the maximum shall be $150 eaGh-.
as
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E)FmgmRal fee paid er $190, WNGheveF is gFeater. The fee must be paid within 39 days.
of the expiration date �
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(17) All fees paid pursuant to this section are nonrefundable. N
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E /1g r -buildings. O
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($250) feF aRy StFUGtUres 2,000 squaFe feet er less. FASIF GtRAGWres IargeF thaR
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squaFe feet, $9.06 $0.40 per squaFe fE)E)t iR additiGR to the flat . z
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E)WReF ef said- strur.-W-re shall be Fequired te pay said fees WithiR 30 days ef FeGeipt Gf
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wF!tten nntine from the RI lildinn Department
Packet Pg. 30
10.2.a
(3) 411 fees void ni 1rsi inn} to this con+inn are nenref Rdable
A. The Town Board of the Town of Riverhead shall from time to time, by resolution,
determine the schedule of fees under the Building Code. (n
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B. No permit under this Part 1 shall be issued until the fee as shall be prescribed by E
resolution of the Town Board shall have been paid, nor shall an amendment to a permit (D
be approved until the additional fee, if anv, due to an increase in the estimated cost of
the building or structure shall have been paid.
Fn
C. Construction related to improving access, safety and independent living for the
disabled and elderly at entrances to and within buildings shall be exempt from building
permit fees. Building permit fees shall be waived for all home modifications related to CL
improving access for persons with mobility impairments, including, but not limited to,
ramps and kitchen and bathroom renovations.
D. The building permit fee shall be waived for all modifications to commercial buildings <
or places of public accommodation related to removing architectural barriers to access °
and improving access for persons with mobility impairments, including, but not limited ca
to, ramps and bathroom renovations.
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E. All of the building, plumbing, electrical and other permit fees shall be waived for all N
residential properties that participate in the upgrade and replacement of existing o
septic/cesspools with those approved under the County of Suffolk Septic Improvement
Program.
co
F. Agricultural buildings. N
(1) Permanent greenhouses and farm buildings constructed solely for wholesale
agricultural use and not as an accessory use to a residence: a flat fee of$299 ,
($250) for any structures 2,000 square feet or less. For structures larger than 2,000
square feet, $9-:06 $0.10 per square foot in addition to the flat fee. —
(2) Any structure approved pursuant to this section which is subsequently utilized on
apermanent basis for any nonagricultural use or retail shall be subject to pay, nunc
pro tunc, the standard building permit fees required for nonagricultural buildings. The f
owner of said structure shall be required to pay said fees within 30 days of receipt of N
written notice from the Building Department. o
0-
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G. All fees paid under Part 1 of this Chapter are nonrefundable. a
0
• Underscore represents additions(s) z
• Strikethrough represents deletion(s)
C
a)
Dated: Riverhead, New York
September 8, 2021
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
Packet Pg_31
10.2.b
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law to amend Chapter 217, entitled "Building, Building Construction and W
Improvements and Housing Standards" of the Riverhead Town Code as it relates to fees E
under section 217-12 thereof, at its regular meeting held on September 8, 2021. E
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Be it enacted by the Town Board of the Town of Riverhead as follows:
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Due to the length of the amendment, which includes repealing and replacing text and r
which is approximately 1,000 words, a copy of the entire text of the proposed local law and the
provisions of the existing law to be repealed and replaced may be reviewed at the Office of the C.
Town Clerk, 200 Howell Avenue, Riverhead, New York 11901, between the hours of 8:30
a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead
website at: www.townofriverheadny.gov under the Agenda and Minutes for the September 8,
2021 Town Board Meeting. <
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Dated: Riverhead, New York
September 8, 2021 0
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BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
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DIANE M.WILHELM,Town Clerk
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Town of Riverhead
Local Law# 9-2021
CHAPTER 217
Part I Administration and Enforcement of Uniform Code
§ 217-1`2. Building permit fees.
A. The Town Board of the Town of Riverhead shall from time to time, by resolution,
determine the schedule of fees under the Building Code.
B. No permit under this Part 1 shall be issued until the fee as shall be prescribed by
resolution of the Town Board shall have been paid, nor shall an amendment to a
permit be approved until the additional fee, if any, due to an increase in the
estimated cost of the building or structure shall have been paid.
C. Construction related to improving access, safety and independent living for the
disabled and elderly at entrances to and within buildings shall be exempt from
building permit fees. Building permit fees shall be waived for all home modifications
related to improving access for persons with mobility impairments, including, but not
limited to, ramps and kitchen and bathroom renovations.
D. The building permit fee shall be waived for all modifications to commercial buildings
or places of public accommodation related to removing architectural barriers to
access and improving access for persons with mobility impairments, including, but
not limited to, ramps and bathroom renovations.
E. All of the building, plumbing, electrical and other permit fees shall be waived for all
residential properties that participate in the upgrade and replacement of existing
septic/cesspools with those approved under the County of Suffolk Septic
Improvement Program.
F. Agricultural buildings.
(1) Permanent greenhouses and farm buildings constructed solely for wholesale
agricultural use and not as an accessory use to a residence: a flat fee of $250 for
any structures 2,000 square feet or less. For structures larger than 2,000 square
feet, $0.10 per square foot in addition to the flat fee.
(2) Any structure approved pursuant to this section which is subsequently utilized on
a permanent basis for any nonagricultural use or retail shall be subject to pay, nunc
pro tunc, the standard building permit fees required for nonagricultural buildings. The
owner of said structure shall be required to pay said fees within 30 days of receipt of
written notice from the Building Department.
G. All fees paid under Part 1 of this Chapter are nonrefundable.
H. Residential or commercial energy conservation devices.
1
(1) Residential or commercial energy conservation devices constructed or installed in or
upon a structure which qualify for any federal, state or local tax exemption, tax credit
or tax rebate, including but not limited to solar panels: a flat fee of$150, except that
the residential fee for solar installations that meet the Fast-Track requirements set
forth below shall be $50.
(a) An applicant shall meet the criteria and submit the information and
documentation listed
below to be eligible for the Fast-Track reduced fee and expedited review (14
days):
[1] The proposed solar installation shall be on a residential building or legal
accessory structure.
[2] The proposed solar installation shall be on a roof with a single layer of roof
covering.
[3] The proposed solar installation shall be flush-mounted parallel to the roof
surface and no more than six inches above the surface.
[4]The proposed solar installation shall have an eighteen-inch clearing at the roof
ridge and an eighteen-inch clearing path to the ridge.
[5] The proposed solar installation shall create a roof load of no more than five
pounds per square foot for photovoltaic (PV) and six pounds per square foot
for residential solar hot water (RSHW).
[6]The applicant must retain services for installation by a prescreened contractor.
(See Fast-Track application terms and conditions.)
[7] The proposed device, i.e., PV panels, must have been certified by a
nationally recognized testing laboratory as meeting the requirements of the
Underwriters Laboratory (UL) Standard 1703, and inverters must be on a
list of New York State Public Service Commission type-tested inverters
which are tested by UL or other nationally recognized laboratories to
conform with UL 1741. (See Solar Energy System Fast-Track Permit
Application Requirements Checklist.)
[8] The proposed application must utilize RSHW equipment that has been
certified by the Solar Rating and Certification Corporation under its OG-100
standard for solar collectors. (See Solar Energy System Fast-Track Permit
Application Requirements Checklist.)
[9] To the extent the application requires or includes use of other equipment, such
as modules, combiner boxes and a mounting system, all equipment and
systems must be approved for public use as described in the Solar Energy
System Fast-Track Permit Application Requirements Checklist and shall be
in full compliance with all current National Electrical Code (NEC)
requirements.
[10] Applicants subject to review by the Landmarks Preservation Commission
or Architectural Review Board are not eligible for the Fast-Track program.
(b) The applicant must submit the uniform Solar Energy System Fast-Track
Permit Application for standard installations.
2
(c) The application must be complete and shall include a professional
engineer or registered architect certified drawing of panel location and
layout.
[1] A professional engineer (PE) or registered architect (RA) certified
drawing (hand-drawn or better) of the solar panel location and
layout on the roof as well as an equipment location diagram and a
one-line electrical diagram are required.
[2] A PE or RA is required to certify the load-bearing and wind-load
sufficiency of the proposed solar installation.
(d) The applicant shall submit three sets of plans which include:
[1] Cover sheet must include the following:
[a] Project address, map, and section, block and lot number of the
property,
[b] Owner's name, address, and phone number;
[c] Name, address and phone number of the person
preparing the plans,
[2] Sheet index indicating each sheet title and number;
[3] Legend for symbols, abbreviations and notations used in the
drawings;
[4] Configuration diagrams prepared by a professional engineer or
registered architect which are sketched (hand-drawn or better) as
follows.-
[a]
ollows:[a] Roof diagram, depicting modules or collectors and racking
configuration on designated surface(s), to scale and
dimensioned. The diagram should include any eighteen-inch
clearance/access required as noted in the Fast-Track Permit
Requirements Checklist criteria;
[b] Equipment location diagram, indicating the location(s) of
[i] The modules or collectors;
[ii] The main electrical service;
[iii] Inverter(s);
[iv] All equipment disconnects on the outside of the structure
(i.e., A/C disconnect);
[v] Any interior equipment;
4
[c] A one-line standard electrical diagram.
[5]A new property survey is not required, but if the solar energy system
is proposed for an accessory structure on the residential property,
the property owner will have to provide an existing survey and
demonstrate that the accessory structure is legal.
(e) After approval of an application for solar panel construction and/or
installation, the applicant shall be required to affix a warning label on
all utility meters and at any alternating current (AC) disconnect switch,
indicating that there is an operating solar electric co-generation system
on site.
(f) The Town must create and keep a registry, by address, of all residential
and commercial energy devices, including solar installations.
I. Duplicate inspection fee. The Building Inspector may charge a duplicate
inspection fee for any inspection that must be repeated due to the failure of the
applicant to meet the inspection criteria. The duplicate inspection fee for
residential properties shall be $200. The duplicate inspection fee for
commercial properties shall be $350.
J. Preconstruction fee. If any land clearing or building or commencement of any
construction activity is without the benefit of applicable Town permits, then all
fees associated with any land clearing or building or construction activity will be
waived for a ninety-day period and thereafter will be double the otherwise
applicable fee for all permits as provided by the Town Code.
5
a
Office of the Town Cleirk
Diane M. Wilhelm, .Town Clerk
Registrar of Vital Statistics Recordsna a et Officer Marriage Officer
September 14, 2021
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 will"Ielni townofriverheadn . ov'.
Signature: ,�. Dater
Town Board Meeting Septmeber 8, 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 September 8, 2.021
Resolution —Adopted 9/08/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN
CODE RELATING TO PRIVATE FIRE SERVICE AIMS/HYDRANTS
Sincerely,
Diane M. Wilhelm
Town Clerk
W:cd
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200 Howell AvenueRiverhead, e Yorlk 11 1— (631)727.-3200 Ext. 280 Fax
(631)208-4034
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Office of the Town Clerk
.Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 14, 2021
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 September 8, 2021
#8- Resolution # 564—Adopted 9/08/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN
CODE RELATING TO PRIVATE FIRE SERVICE MAINS/HYDRANTS
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
di.U.,t A- �UL9—
Diane
M. Wilhelm
DMW:cd
200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax
(631)208-4034
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Office of the Town Clerk
Diane M. Wilhelm, (Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 14, 2021
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.yov.
Signature: Date:
Town Board Meeting Septmeber 8, 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 September 8, 2021
#8- Resolution # 564—Adopted 9/08/2021
ADOPTS LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN
CODE RELATING TO PRIVATE FIRE SERVICE MAINS/HYDRANTS
Sincerely,
/S.), - �
Diane M. Wilhelm
Town Clerk
DW:cd
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200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 ~ Fax
(631)208-4034.
11.9
09.08.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-564
ADOPTS LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN
CODE RELATING TO PRIVATE FIRE SERVICE MAINS/HYDRANTS
Councilman Rothwell offered the following resolution,
which was seconded by Councilman Beyrodt Jr.
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 231, entitled "Fire
Prevention", Article III, Section 9, subsection "C" thereof of the Riverhead Town Code
entitled, "Installation and operational fire-prevention permit fees", on July 7, 2021, by
Town Board Resolution No.: 2021-470; and
WHEREAS, a public hearing was held on the 20th day of July, 2021 at 2:10
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard; and
NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 231
entitled Fire Prevention" of the Riverhead Town Code be and is hereby adopted as
specified in the attached notice of adoption; and be it further
RESOLVED, that the Town Clerk be and is hereby authorized to publish the
attached notice of adoption once in the News Review, the official newspaper, and to
post same on the signboard at Town Hall; and be it further
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.
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth Rothwell, Councilman
SECONDER: Frank Beyrodt Jr., Councilman
AYES: Yvette Aguiar, Catherine Kent, Frank Beyrodt Jr., Kenneth
Rothwell
ABSENT: Tim Hubbard
Packet Pg.40
11.9.a
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead
adopted a local law amending Chapter 231 entitled "Fire Prevention", Article III, Section
9, subsection "C", Installation and operational fire-prevention permit fees at its regular
meeting held on the 20t" day of July, 2021 at Riverhead Town Hall, 200 Howell Avenue, o
Riverhead, New York 11901. M
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Be it enacted by the Town Board of the Town of Riverhead as follows: C
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Chapter 231. Fire Prevention
Article III. Administration
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§ 231-9. Installation permits; operational permits; fees. o
C. Installation and operational fire-prevention permit fees. The Town Board
has determined fire prevention fees shall be as follows:
0
(1) Installation permit fees. [Amended 4-19-2005 by L.L. No. 9-2005;
12-5-2006 by L.L. No. 50-2006] o
A permit shall be obtained from the Town of Riverhead, Fire a
Marshal for the installation, addition, modification or repair o
to a fire service main system and fire sprinkler service
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mains. A permit is not required for annual testing, inspection N
and maintenance of existing systems. V)
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[1 A permit under this subsection shall be required for
the installation of:
• Private fire service main systems
• Fire sprinkler service systems (from the fire ;
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BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 5, 2021
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 August 5, 2021
#7- Resolution # 526 -Adopted 8/03/2021
ADOPTS A LOCAL LAW TO UPDATE COMMUNITY PRESERVATION FUND
PROJECT PLAN
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
/O'L , - AUL&-
Diane
M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax
(631)208-4034
"V,(Y 11 pgOl'".%j,,t NM P411'
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7 M..
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 5, 2021
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 wilhelmCa7townofriverheadny.gov.
Signature: Date:
Town Board Meeting August 5, 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 August 5, 2021
#7- Resolution # 526-Adopted 8/03/2021
ADOPTS A LOCAL LAW TO UPDATE COMMUNITY PRESERVATION FUND
PROJECT PLAN
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue ~ Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax
(631)208-4034
9.18
08.03.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-526
ADOPTS A LOCAL LAW TO UPDATE COMMUNITY PRESERVATION FUND
PROJECT PLAN
Councilwoman Kent offered the following resolution,
which was seconded by Councilman Bevrodt Jr.
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider an amendment to Chapter 221 Article I of the
Riverhead Town Code entitled, "COMMUNITY PRESERVATION PROJECT PLAN" on
May 19, 2021, by Town Board Resolution No. 2021-342; and
WHEREAS, a public hearing was held on the 15th day of June, 2021, at the
Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the date, time and
place specified in said public notice, and all persons wishing to be heard were heard;
and
WHEREAS, the matter was held open for additional public comments until July 8,
2021; and
WHEREAS, the Riverhead Planning Department has reviewed the submission
and recommended it be considered a Type II action pursuant to 6NYCRR Part 617.5(c)
(26) as routine or continuing administration and management and the adoption of
policies in connection therewith as such agency SEQR responsibilities end with this
designation with no significance determination being necessary.
NOW THEREFORE BE IT RESOLVED, after thoughtful consideration regarding
review of the proposed plan, as well as the dedicated efforts and input of the Town of
Riverhead Open Space Committee and Farmland Committee, Town staff, together with
Peconic Land Trust, the Town of Riverhead hereby adopts the Community Preservation
Fund Project Plan Town in accordance with the provisions of Town Law 64-e; and be
further
RESOLVED, that the local law amending Chapter 221 Article I of the Riverhead
Town Code entitled, "COMMUNITY PRESERVATION PROJECT PLAN" of the Town
Code is hereby adopted as specified in the attached notice of adoption; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further
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
Packet
9. 55
9.18
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Catherine Kent, Councilwoman
SECONDER: Frank Beyrodt Jr., Councilman
AYES: Yvette Aguiar, Catherine Kent, Frank Beyrodt Jr., Kenneth
Rothwell
ABSENT: Tim Hubbard
Packet ..
Pg.56
c
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted �
a local law amending Chapter 221, entitled "Community Preservation Project Plan" of the 0
Riverhead Town Code, at its regular meeting held on August 3, 2021.
a)
U)
BE IT ENACTED by the Town Board of the Town of Riverhead as follows:
Chapter 221. Community Preservation; Open Space E
Article I. Community Preservation Project Plan 0
a)
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§ 221-2. Community Preservation Proiect Plan Adoptedion, Amendments & Updates. For
the reasons set forth in § 221-1 hereof, the Town Board of the Town of Riverhead hereby D
did approves and adopts the Community Preservation Project Plan, as prepared by the
Town Planning Department on August 4, 1998, and its amendments, by Local Law No. J
14-1998 adopted on August 25, 1998, said plan being intended to constitute the
Community Preservation Project Plan which is required by § 64-e of the Town Law and o
the Riverhead Town Code. The Town Board of the Town of Riverhead did approve and
amend the Community Preservation Proiect Plan 1998-2001 by Local Law No. 28 Q
adopted on November 1, 2016 to include Water Quality Improvement Proiects. On or
about January, 2020, the Town, its Open Space Committee and Farmland Committee,
did undertake the study and evaluation of past preservation efforts and future potential N
for preservation, including inventory and prioritization of parcels for preservation of open T
space and farmland within the Town. The Town of Riverhead hereby approves and o
adopts an update to the Community Preservation Proiect Plan 1998-2001 and adopts the `~
Town of Riverhead Community Proiect Plan 2021, together with and incorporating all
provisions of Local Law No. 28 adopted on November 1, 2016 titled "Amendment to
Community Preservation Plan to include Project Plan for Water Quality Improvement
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Projects'. The Town of Riverhead Community Proiect Plan 2021 shall supersede the
Community Preservation Proiect Plan 1998-2001 referenced herein and adopted by Local U)
Law No. 14-1998 on August 25, 1998. a
Dated: Riverhead, New York
August 3, 2021 E
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* Underline represents addition(s) 0
* Overstrike represents deletion(s)
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BY ORDER OF THE TOWN BOARD a
OF THE TOWN OF RIVERHEAD
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DIANE M. WILHELM, Town Clerk 0
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A%i nmpxr'iies H�i*M'essuu
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 4, 2021
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 June 2, 2021
#2- Resolution # 385 -Adopted 6/2/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301-305 OF THE TOWN CODE
(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 11601- (631)727-3200 Ext. 260 - Fax
(631)208-4034
i
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/!II IT MOµIwI'iAt MMMAGSN)Mli
I
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 4, 2021
f
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 wiIhelm@townofriverheadny.gov.
Signature: Date:
Town Board Meeting June 2, 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 June 2, 2021
#2- Resolution # 385 -Adopted 6/2/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301-305 OF THE TOWN CODE
(Zoning and Land Development)
Sincerely, i
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901-y (631)727-3200 Ext. 260 - Fax
(631)208-4034
11.36
06.02.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-385
ADOPTS LOCAL LAW TO AMEND CHAPTER 301-305 OF THE TOWN CODE
Councilman Rothwell offered the following resolution,
which was seconded by Councilman Hubbard
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 301, entitled
"Zoning and Land Development" Article LII of the Code of the Town of Riverhead
("Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 16th day of March, 2021 at 2:15
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard; and
WHEREAS, the proposed Code amendment is considered a Type II action
pursuant to 6NYCRR Part 617.5(c)33, as it consists of routine or continuing agency
administration and management, not including new programs or major reordering of
priorities that may affect the environment; and
WHEREAS, pursuant to 617.3(f), 617.5(a) and 617.6(a) (1) (i), agency SEQR
responsibilities end with this designation with no determination of significance required.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board and hereby
classifies the proposed Code amendment to be a Type II action under SEQRA, with no
further environmental review required; and be it further
RESOLVED, that the local law amending Chapter 301 entitled, "Zoning and Land
Development" of the Riverhead Town Code is hereby adopted as specified in the
attached notice of adoption; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further
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.
Packet Pg. 221
TOWN OF RIVERHEAD 11.36
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law amending the Chapter 301 entitled "Zoning and Land Development" of the
Riverhead Town Code, at its regular meeting held on June 2, 2021.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 301
Zoning and Land Development
Article LVI: Site Plan Review
Town Code §301-305
G. Fees.
[Amended 5-16-2018 by L.L. No. 11-2018]
M The applicant shall submit 75% of the review fee set forth in Subsection G(2) of this
section with the preliminary site plan application. The remainder of the review fee shall
be submitted with the application for final site plan approval. An application for
preliminary site plan approval and/or final site plan approval shall not be deemed
complete until all fees are paid.
(2) For each site plan application submitted to the Planning Department under the
provisions of this chapter, the review fee shall be $500, plus $0.10 per square foot of
site improvements and/or altered area, whichever is greater, or $500, plus $0.10 per
square foot of gross floor area (cumulative total of all floors) or altered land area,
whichever is greater. The fee to review an application to amend a previously approved
site plan shall be $500. In no instance shall a site plan review exceed $30,000. For
either a preliminary site plan application or final site plan application to be deemed
complete, the appropriate fee must be paid. No review of a preliminary site plan or final
site plan shall be undertaken until the appropriate fee is paid.
[Amended 8-21-2018 by L.L. No. 17-2018]
(3) Revisions to a site plan or to elevations which significantly change the character or
appearance of the project or which occur after the issuance of a certificate of occupancy
shall require resubmission of an amended site plan and shall be charged accordingly.
(4) If any land clearing, site work or building construction or alteration is commenced
prior to the submissien ef a site pIaR appliGatiei4 granting of final site plan approval,
including satisfaction of all conditions of said approval, the required application review
fee shall be double the fee delineated in § 301-305G(2) above and may exceed
$30,000.
(5) An applicant may qualify for a certificate of exemption from the penalties
enumerated in Subsection GM of this section for the limited clearing or excavation for
soil borings, provided that the clearing and amount of material excavated or exported is
limited to the amount required to obtain the boring sample.
(6) In order to obtain a certificate of exemption as enumerated in Subsection G(5) of this
section, an applicant must submit a plan detailing any and all vegetation to be removed,
Packet Pg. 222
and identify any and all grading which must be performed in order to obtain the borinq 11.36
sample.
-Underscore represents addition(s)
-Strikethrough represents deletion(s)
Dated: Riverhead, New York
June 2, 2021
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M.WILHELM,Town Clerk
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth Rothwell, Councilman
SECONDER:. Tim Hubbard, Councilman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet Pg.223
i
Local Law#2-2021
CHAPTER 301
Zoning and Land Development
Article LVI: Site Plan Review
Town Code §301-305
G. Fees.
[Amended 5-16-201.8 by L.L. No. 11-20181
MThe applicant shall submit 75% of the review fee set forth in Subsection G (2) of this section
with the preliminary site plan application. The remainder of the review fee shall be submitted
with the application for final site plan approval. An application for preliminary site plan approval
and/or final site plan approval shall not be deemed complete until all fees are paid.
For each site plan application submitted to the Planning Department under the provisions of
this chapter, the review fee shall be $500,plus $0.10 per square foot of site improvements and/or
altered area, whichever is greater, or$500, plus $0.10 per square foot of gross floor area
(cumulative total of all floors) or altered land area, whichever is greater. The fee to review an
application to amend a previously approved site plan shall be $500. In no instance shall a site
plan review exceed $30,000. For either a preliminary site plan application or final site plan
application to be deemed complete, the appropriate fee must be paid. No review of a preliminary
site plan or final site plan shall be undertaken until the appropriate fee is paid.
[Amended 8-2.1-2018 by L.L. No. 17-2018]
Revisions to a site plan or to elevations which significantly change the character or
appearance of the project or which occur after the issuance of a certificate of occupancy shall
require resubmission of an amended site plan and shall be charged accordingly.
(4) If any land clearing, site work or building construction or alteration is commenced prior to
the submissionof a site plan a .,';,,,,tio granting of final site1p an approval including
satisfaction of all conditions of said approval, the required application review fee shall be double
the fee delineated in § 301-305G(2) above and may exceed $30,000.
(5) An applicant may qualify for a certificate of exemption from the penalties enumerated in
Subsection GM of this section for the limited clearing or excavation for soil boringsprovided
that the clearing and amount of material excavated or exported is limited to the amount required
to obtain the boring sample.
i
(6) In order to obtain a certificate of exemption as enumerated in Subsection G(5) of this section
an applicant must submit a plan detailing any and all vegetation to be removed and identify any
and all grading which must be performed in order to obtain the boring sample
-Underscore represents addition(s)
-Strikethrough represents deletion(s)
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12.231-0001 ROSSANA ROSADO
WWW.DOS.NY.GOV SECRETARY OF STATE
June 16, 2021
Diane M Wilhelm
Town Clerk
200 Howell Avenue .
Riverhead NY 11901
RE: Town of Riverhead, Local Law 2 2021, filed on June 10, 2021
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEW YORK Department
STATE OF
OPPORTUNITY- of State
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Office of the Town Clerk
Diane 3/1. f1l'iffielm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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 townofriverhe dzr�ov,
Signature: .� .� 21ADate: ''
Town Board Meet June 1S, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on June 15, 2021
#3- Resolution # 343 —Adopted 6/15/2021
ADOPTS A LOCAL.LAW TO AMEND CHAPTER 289 ENTITLED, "VEHICLES,
TRAFFIC AND PARKING REGULATIONS" OF THE CODE OF THE TOWN OF
RIVERHEAD (PARKING BY PERMIT-CENTRAL AVENUE & OAK STREET,
WADING RIVER)
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead,
'Gaaas artoanafrrs nara�asssum,..�
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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 June 15, 2021
#3- Resolution # 343 —Adopted 6/15/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 289 ENTITLED, "VEHICLES,
TRAFFIC AND PARKING REGULATIONS" OF THE CODE OF THE TOWN OF
RIVERHEAD (PARKING BY PERMIT-CENTRAL AVENUE & OAK STREET,
WADING RIVER)
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
/O - AUL&_
Diane M. Wilhelm
DMW:cd
200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax
(631)208-4034
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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(cr�townofriverheadny.gov.
Signature: Date:
Town Board Meeting June 15, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on June 15, 2021
#3- Resolution # 343 -Adopted 6/15/2021
ADOPTS A LOCAL.LAW TO AMEND CHAPTER 289 ENTITLED, "VEHICLES,
TRAFFIC AND PARKING REGULATIONS" OF THE CODE OF THE TOWN OF
RIVERHEAD (PARKING BY PERMIT-CENTRAL AVENUE & OAK STREET,
WADING RIVER)
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax
(631)208-4034
10.44
06.15.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-343
ADOPTS A LOCAL LAW TO AMEND CHAPTER 289 ENTITLED "VEHICLES
TRAFFIC AND PARKING REGULATIONS" OF THE CODE OF THE TOWN OF
RIVERHEAD (PARKING BY PERMIT - CENTRAL AVENUE & OAK STREET,
WADING RIVER)
Councilman Rothwell offered the following resolution,
which was seconded by Councilman Hubbard
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 108, entitled
"Vehicles, Traffic and Parking Regulations" of the Riverhead Town Code of the Code of
the Town of Riverhead ("Town Code"); and
WHEREAS, a public hearing was held on the 4th day of May 2021 at 2:05 o'clock
p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date,
time and place specified in said public notice, and all persons wishing to be heard were
heard; and
WHEREAS, the Riverhead Planning Department has reviewed the submission
and recommended it be considered a Type II action pursuant to 6NYCRR Part 617.5(c)
(20) & (27) as routine or continuing administration and management and the adoption of
policies in connection therewith; and
WHEREAS, pursuant to 617.3(f), 617.5(a) and 617.6(a) (1) (i), agency SEAR
responsibilities end with this designation with no significance determination being
necessary.
NOW THEREFORE BE IT RESOLVED, that the local law amending Chapter 289
entitled, " Vehicles, Traffic and Parking Regulations" of the Town Code is hereby
adopted as specified in the attached notice of adoption; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further
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.
THE VOTE
Packet Pg. 161
RESULT: ADOPTED [UNANIMOUS] 10.44
MOVER: Kenneth Rothwell,Councilman
SECONDER: Tim Hubbard, Councilman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet Pg. 162
10.44.a
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted �
a local law amending Chapter 289 entitled "Vehicles, Traffic and Parking Regulations" of o
the Riverhead Town Code at its regular meeting held on May 17, 2021. 06
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Be it enacted by the Town Board of the Town of Riverhead as follows:
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Chapter 289
Vehicles, Traffic and Parking o
ARTICLE IV N
Parking, Standing and Stopping C
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§ 289-10. Parking prohibited.
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The parking of vehicles is hereby prohibited in the locations as follows: °
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Name of Street Side Location j
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Oak Street Both From a point at its intersection
with Sound Road in an easterly
direction to its terminus 0
Central Avenue Both From a point at its intersection M
with Oak Street in a southerly `?
_ direction to its intersection o
with North Side Road ==
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§ 289-21. Parking by permit. o
The parking of vehicles bearing valid beach parking permits is hereby permitted in U
the following locations where parking is otherwise prohibited: o
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Street Side Location a
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Oak Street Both From a point at its intersection a)
with Sound Road in an easterly 0
direction to its terminus z
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Central Avenue Both From a point at its intersection
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with Oak Street in a southerly
direction to its intersection
with North Side Road
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Dated: Riverhead, New York Cz
May 19, 2021
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BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
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DIANE M.WILHELM, Town Clerk
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Local Law#3-2021
Chapter 289
Vehicles, Traffic and Parking
ARTICLE IV
Parking, Standing and Stopping
§ 289-10. Parking prohibited.
The parking of vehicles is hereby prohibited in the locations as follows:
Name of Street Side Location
Oak Street Both From a point at its intersection
with Sound Road in an easterly
direction to its terminus
Central Avenue Both From a point at its intersection
with Oak Street in a southerly
direction to its intersection
with North Side Road
§ 289-21. Parking by permit.
The parking of vehicles bearing valid beach parking permits is hereby permitted
in the following locations where parking is otherwise prohibited:
Street Side Location
Oak Street Both From a point at its intersection
with Sound Road in an easterly
direction to its terminus
Central Avenue Both From a point at its intersection
with Oak Street in a southerly
direction to its intersection
with North Side Road
Z\TA\Adopt Local Law\Central & Oak
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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^ ilhelinro) ownotriverhiearlg o .
Signature: .. � � � � ��� ate: �
Town Board ee�L June 15, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on June 15, 2021
#5- Resolution #405—Adopted 6/15/2021
ADOPTS A LOCAL LAW AMENDING CHAPTER 211 OF THE RIVERHEAD TOWN
CODE & AUTHORIZING ISSUANCE OF TOWN BEACH PARKING PERMITS FOR
HOTELS & MOTELS
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901— ® a
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-Fxv"ii rxpypikirnx'Nx`i«ucmwswM....�
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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 June 15, 2021
#5- Resolution # 405 -Adopted 6/15/2021
ADOPTS A LOCAL LAW AMENDING CHAPTER 211 OF THE RIVERHEAD TOWN
CODE & AUTHORIZING ISSUANCE OF TOWN BEACH PARKING PERMITS FOR
HOTELS & MOTELS
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
/�CfttaerasrkRTrssnT.Niw'.ecsw.. /
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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 qov.
Signature: Date:
Town Board Meeting June 15, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on June 15, 2021
#5- Resolution # 405 —Adopted 6/15/2021
ADOPTS A LOCAL LAW AMENDING CHAPTER 211 OF THE RIVERHEAD TOWN
CODE & AUTHORIZING ISSUANCE OF TOWN BEACH PARKING PERMITS FOR
HOTELS & MOTELS
Sincerely,
' Ltd'4A)) - )Ud'4'—
Diane
M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax
(631)208-4034
10.13
06.15.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-405
ADOPTS LOCAL LAW AMENDING CHAPTER 211 OF THE RIVERHEAD TOWN
CODE & AUTHORIZING ISSUANCE OF TOWN BEACH PARKING PERMITS FOR
HOTELS & MOTELS
Councilman Hubbard offered the following resolution,
which was seconded by Councilwoman Kent
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law setting forth certain amendments to
Chapter 211, Article III, Section 14 of the Riverhead Town Code entitled, "Parking and
permits related to use of recreation centers and facilities, parks, playgrounds, public
bathing beaches, and dog parks", Subsection B entitled, "Permits"; and
WHEREAS, a public hearing was held on the 2nd day of June, 2021 at 2:05
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard; and
WHEREAS, the Riverhead Planning Department has reviewed the submission
and recommended it be considered a Type 11 action pursuant to 6NYCRR Part 617.5(c)
(20) & (27) as routine or continuing administration and management and the adoption of
policies in connection therewith; and
WHEREAS, pursuant to 617.3(f), 617.5(a) and 617.6(a)(1)(i), agency SEQR
responsibilities end with this designation with no determination of significance being
necessary.
NOW, THEREFORE BE IT RESOLVED, that the local law setting forth certain
amendments to Chapter 211, Article 111, Section 14 of the Riverhead Town Code
entitled, "Parking and permits related to use of recreation centers and facilities, parks,
playgrounds, public bathing beaches, and dog parks", Subsection B entitled, "Permits"
is hereby adopted as specified in the attached notice of adoption; and be it further,
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further,
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.
THE VOTE
Packet Pg.46
RESULT ADOPTED [UNANIMOUS] 10.13
MOVER: Tim Hubbard, Councilman
SECONDER: Catherine Kent, Councilwoman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet Pg.47
,
10.13.a
TOWN OF RIVERHEAD 3
NOTICE OF ADOPTION t°0
R
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a
local law amending Chapter 211, Article III, Section 14 of the Riverhead Town Code entitled,
"Parking and permits related to use of recreation centers and facilities,parks,playgrounds,public
bathing beaches, and dog parks", Subsection B entitled, "Permits", enacting §211-14(B)(5) as
follows: o
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CHAPTER 211 C
BEACHES AND RECREATION
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ARTICLE 1I1. Use of Public Bathing Beaches, Recreation Centers and Facilities, Parks,
Playgrounds and Dog Parks E
211-14 Parking and permits related to use of recreation centers and facilities, parks, J
playgrounds,public bathing beaches, and dog parks.
0
B. Permits. The Recreation Department is hereby authorized to issue seasonal and y
daily parking permits for use at any public bathing beach,recreation center,park or o
playground; night fishing permits; docking pen-nits; boat launch permits; and ¢
permits for dog parks and other areas designated for, or approved for, dog/animals. LO
0
(5) Hotel—Motel Parking Permits. N
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(a) Hotel-motel parking permits shall be issued by the Riverhead Recreation
Department to the owners or their designated managers of hotels and motels E
for use by the paying guests residing temporarily therein. a
(i) For the purposes of this section, "motel" shall include any parcel of
land on which two or more dwelling units are situated, which
dwelling units are rented or leased by the owner thereof forerp iods 00
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not to exceed two months. 0
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(b)Applications for hotel-motel parking permits shall include: a
(i) The number of rental units available at the applicant's premises. 0
(ii) The number of permits applied for.
(iii) The designated business or trade name, if any, of the premises for o
which the permits are requested and designating a person or agent o
who shall be responsible for managing, recording and supervising
use of the permits by guests. o
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(c)Upon a determination by the Riverhead Recreation Department that the o
applicant is entitled to such permits and upon payment of the required z
permit fee, permits shall be issued; provided, however, that the number of
permits shall not exceed the number of rental units available at the premises E
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Packet Pg. 49
10.13.a
implied for. Such permits shall be inscribed with the name of the applicant o
or the designated business name of the applicant's premises and shall be
used only ypaying guests occupyingpremises for which such permits
are issued.
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(d) Hotel-motel permits shall be transferrable and shall be designed and issued
in a clear plastic case and designed to be affixed temporarily to the interior
driver's-side rear window of a hotel-motel guest's vehicle. The owner or O
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manager to whom such permits are issued shall make no charge for the use N
of such permits b,, such but may require a deposit, not to exceed c�`r
$35.00, to ensure the return of a permit. CL
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(e) The fee for issuance of a hotel-motel parking permit shall be established
annually y Town Board resolution.
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Dated: Riverhead,New York Q
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June 15, 2021 ¢
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BY ORDER OF THE TOWN BOARD fi
OF THE TOWN OF RIVERHEAD
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DIANE M. WILHELM, Town Clerk E
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Local Law# 5-2021
CHAPTER 211
BEACHES AND RECREATION
ARTICLE III. Use of Public Bathing Beaches, Recreation Centers and Facilities, Parks,
Playgrounds and Dog Parks
211-14 Parking and permits related to use of recreation centers and facilities, parks,
playgrounds, public bathing beaches, and dog parks.
B. Permits. The Recreation Department is hereby authorized to issue seasonal and
daily parking permits for use at any public bathing beach,recreation center,park or
playground; night fishing permits; docking permits; boat launch permits; and
permits for dog parks and other areas designated for, or approved for, dog/animals.
(5) Hotel —Motel Parking Permits.
(a) Hotel-motel parking permits shall be issued by the Riverhead Recreation
Department to the owners or their designated managers of hotels and motels
for use by the paying guests residing temporarily therein.
(i) For the purposes of this section, "motel" shall include any parcel of
land on which two or more dwelling units are situated, which
dwelling units are rented or leased by the owner thereof for periods
not to exceed two months.
(b) Applications for hotel-motel parking pen-nits shall include:
(i) The number of rental units available at the applicant's premises.
(ii) The number of permits applied for.
(iii) The designated business or trade name, if any, of the premises for
which the permits are requested and designating a person or agent
who shall be responsible for managing, recording and supervising
use of the permits by guests.
(c) Upon a determination by the Riverhead Recreation Department that the
applicant is entitled to such permits and upon payment of the required
permit fee, permits shall be issued; provided, however, that the number of
permits shall not exceed the number of rental units available at the premises
applied for. Such permits shall be inscribed with the name of the applicant
or the designated business name of the applicant's premises and shall be
used only by paying guests occupying the premises for which such permits
are issued.
(d) Hotel-motel permits shall be transferrable and shall be designed and issued
in a clear plastic case and designed to be affixed temporarily to the interior
driver's-side rear window of a hotel-motel guest's vehicle. The owner or
manager to whom such permits are issued shall make no charge for the use
of such permits by such guests but may require a deposit, not to exceed
$35.00, to ensure the return of a permit.
(e) The fee for issuance of a hotel-motel parking permit shall be established
annually by Town Board resolution.
u
Office of t e Town Clerk
�iane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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 wilhiN ntownofriver eadn .r ov.
Signature: ��Clate:
Town Board Mei ing June 15, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on June 15, 2021
#4- Resolution #404 -Adopted 6/15/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 217, ARTICLE V OF THE
RIVERHEAD TOWN CODE
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, NewYork 11 (631)727-3200 Ext. 260 - Fax
(631)208-4034
, I
, iii"s rsusrrirnnr HKucpnsus
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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 June 15, 2021
#4- Resolution # 404—Adopted 6/15/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 217, ARTICLE V OF THE
RIVERHEAD TOWN CODE
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 M Fax
(631)208-4034
r fkll 11 MfY{p=�V-„K N,gGNfHUM
Office of the Town Clerk
.Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 21, 2021
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(d)townofriverheadny.gov.
Signature: Date:
Town Board Meeting June 15, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on June 15, 2021
#4- Resolution #404 -Adopted 6/15/2021
ADOPTS A LOCAL LAW TO AMEND CHAPTER 217, ARTICLE V OF THE
RIVERHEAD TOWN CODE
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax
(631)208-4034
10.12
06.15.2021 ADOPTED
TOWN OF RIVERHEAD
Resolution 2021-404
ADOPTS LOCAL LAW AMENDING CHAPTER 217, ARTICLE V OF THE
RIVERHEAD TOWN CODE
Councilman Rothwell offered the following resolution,
which was seconded by Councilman Hubbard
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law repealing and replacing the existing
Part 5 of Chapter 217, entitled "Housing Standards" of the Riverhead Town Code such
that §217-43 - §217-106 is replaced with provisions affirmatively adopting and
incorporating the Property Maintenance Code of the State of New York (N.Y.S. 19
NYCRR, Part 1226) and providing for the enforcement thereof, including penalties for
offenses; and
WHEREAS, a public hearing was held on the 19th day of May, 2021 at 2:10
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard; and
WHEREAS, the Riverhead Planning Department has reviewed the submission
and recommended it be considered a Type 11 action pursuant to 6NYCRR Part 617.5(c)
(20) & (27) as routine or continuing administration and management and the adoption of
policies in connection therewith; and
WHEREAS, pursuant to 617.3(f), 617.5(a) and 617.6(a)(1)(i), agency SEQR
responsibilities end with this designation with no determination of significance being
necessary.
NOW, THEREFORE BE IT RESOLVED, that the local law repealing and
replacing the existing Part 5 of Chapter 217, entitled "Housing Standards" of the
Riverhead Town Code such that §217-43 - §217-106 is replaced with provisions
affirmatively adopting and incorporating the Property Maintenance Code of the State of
New York (N.Y.S. 19 NYCRR, Part 1226) and providing for the enforcement thereof,
including penalties for offenses is hereby adopted as specified in the attached notice of
adoption; and be it further,
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further,
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.
I Packet Pg.42
10.12
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: KennethRothwell; Councilman
SECONDER: Tim Hubbard, Councilman
AYES: Aguiar, Hubbard, Kent, Beyrodt Jr., Rothwell
Packet.
t Pg.43
10.12.a
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a
local law repealing and replacing the existing Part 5 of Chapter 217, entitled"Housing Standards"
of the Riverhead Town Code such that §217-43 - §217-106 is replaced with provisions <
affirmatively adopting and incorporating the Property Maintenance Code of the State of New York
(N.Y.S. 19 NYCRR, Part 1226) and providing for the enforcement thereof, including penalties for
offenses at its regular meeting held on June 15, 2021. a
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Due to the length of the local law as adopted, a copy of the entire text of the local law and
the provisions of law replaced thereby may be reviewed at the Office of the Town Clerk, 200
Howell Avenue, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m.,
Monday through Friday and can further be accessed on the Town's website at: Q
www.townofriverheadny.gov under the Agenda and Minutes for the June 15, 2021 Town Board
Meeting.
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Dated: Riverhead,New York —0r
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June 15, 2021
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BY ORDER OF THE TOWN BOARD a
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Packet Pg.45
Town of Riverhead
Local Law# 4-2021
Chapter 217
Part 5
Property Maintenance Code
ARTICLE V
General Provisions of the New York State Property Maintenance Code
§217-43. Purpose, Intent and Applicability of state rules and regulations.
It is the intent of this chapter to enforce regulations within this chapter and adopt the International
Property Maintenance Code of the State of New York (N.Y.S. 19 N.Y.C.R.R. Part 1226),
hereinafter referred to as "IPMC" and as may be amended and comply with the rules promulgated
pursuant to Article 18 of the Executive Law of the State of New York. This chapter of the Town
of Riverhead Code, hereinafter referred to as the "Property Maintenance Code", shall prescribe
further enforcement measures recognizing: the more serious life safety requirements and standards
for premises, structures, equipment, facilities for light, ventilation, space, heating, sanitation,
protection from the elements; a reasonable level of safety from fire and other hazards; and for a
reasonable level of sanitary maintenance.
§217-44. Affirmative Incorporation and Violations of The New York State "Uniform
Code".
A. Affirmative Incorporation. This section shall incorporate the standards found in the
Property Maintenance Code of New York State (also referred to as the "Uniform Code"),
which shall be referred to in this Part 5 as the "Property Maintenance Code". The text of
the Property Maintenance Code is found in Title 19 of the New York Codes, Rules and
Regulations ("19 NYCRR"), Part 1226 thereof and in publications incorporated by
reference therein, including the 2020 edition of the International Property Maintenance
Code ("2020 IPMC"), and any subsequent publication adopted and incorporated by the
New York State Code Council.'
B. Violations of the Uniform Code. Any act, resulting in a violation of the provisions of the
Uniform Code, as promulgated pursuant to Article 18 of the Executive Law of the State of
New York, shall be deemed a violation of this section and subject to any orders,
requirements and penalties pursuant to this chapter.
§217-45. Applicability & Scope.
This Part 5 shall apply to all existing residential and nonresidential structures and all existing
premises and shall constitute minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation, protection from the
elements,a reasonable level of safety from fire and other hazards,and a reasonable level of sanitary
maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants;
the occupancy of existing structures and premises, and for administration, enforcement and
penalties.
§217-46. Definitions.
Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code,
have the meanings shown in this chapter.
Terms defined in other codes. Where terms are not defined in this chapter and are defined in the
Property Maintenance Code of New York State, such terms shall have the meanings ascribed to
them as stated therein.
Terms not defined. Where terms are not defined through the methods authorized by this section,
such terms shall have ordinarily accepted meanings such as the context implies.
Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "structure," or
"story" are stated in this code, they shall be construed as though they were followed by the words
"or any part thereof."
The following terms, used throughout this Chapter, shall be defined as follows:
BUILDING - Any structure used or intended for supporting or sheltering any use or occupancy.
BEDROOM Any room or space used or intended to be used for sleeping purposes in either a
dwelling or sleeping unit.
BUILDING SAFETY INSPECTOR (BSI) - The official who is charged with the administration
and enforcement of this article, and such person(s) successfully completed the training courses
9A16, 9B16 and 9C16 with the New York State Department of State, Division of Code
Enforcement and is currently certified a Building Safety Inspector.
CODE ENFORCEMENT OFFICIAL(CEO)-The official who is charged with the administration
and enforcement of this article, or any duly authorized representative of such person, including but
not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector,
Senior Building Inspector, Building Permits Coordinator, Zoning Inspector, Electrical Inspector,
Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town
Investigator, Senior Town Investigator, Ordinance Enforcement Officer, Ordinance Inspector,
Code Enforcement Officer or Spanish-Speaking Code Enforcement Officer of the Town of
Riverhead and such person(s) successfully completed the training courses 9A16, 91316, 9C16,
9D16, 9E 16 and 91716 with the New York State Department of State, Division of Code
Enforcement and is currently certified as a New York State Code Enforcement Official.
DWELLING UNIT - A single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation,
CONDEM - To adjudge unfit for occupancy.
OCCUPANCY- The purpose for which a building or portion thereof is utilized or occupied.
OPERATOR- Any person who has charge, care or control of a structure or premises which is let
or offered for occupancy.
OWNER - Any person, agent, operator, firm or corporation having legal or equitable interest in
the property; or recorded in the official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate of
any such person, and the executor or administrator of the estate of such person if ordered to take
possession of real property by a court.
PERSON - An individual, corporation, partnership or any other group acting as a unit.
STRUCTURE - That which is built or constructed or a portion thereof.
TENANT - A person, corporation, partnership or group whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
UNSAFE STRUCTURES - An unsafe structure is one that is found to be dangerous to the life,
health,property or safety of the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty
construction or unstable foundation, that partial or complete collapse is possible.
UNSAFE EQUIPMENT - Unsafe equipment includes any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable liquid containers or other equipment on
the premises or within the structure that is in such disrepair or condition that such equipment is a
hazard to life,health,property or safety of the public and/or occupants of the premises or structure.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY -A structure is unfit for human occupancy
whenever such structure is unsafe, unlawful or, because of the degree to which the structure is in
disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and
contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential
equipment required by the International Property Maintenance (IPMC) of New York State, or
because the location of the structure constitutes a hazard to the occupants of the structure and/or
to the public.
UNLAWFUL STRUCTURE - An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under the International Property Maintenance (IPMC)
of New York State, or was erected, altered or occupied contrary to law.
IMMINENT DANGER - The Code Enforcement Official (CEO) or Building Safety Inspector
(BSI) is authorized to order and require the occupants to vacate premises when there exists:
1. Imminent danger of failure or collapse of a building or structure which endangers life;
2. A structure in which any part of the structure has fallen and life is endangered by the occupation
of the structure; or
3. An actual or potential danger to the building occupants or those in the proximity of any structure
because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or
materials; or
4. Operation of defective or dangerous equipment.
The Code Enforcement Official (CEO) or Building Safety Inspector (BSI) shall require the
posting, at each entrance to such structure, a notice reading as follows: "This Structure is Unsafe
and its Occupancy Has Been Prohibited by the Code Enforcement Official." It shall be unlawful
for any person to enter such structure except for the purpose of securing the structure, making the
required repairs, removing the hazardous condition, or of demolishing the same.
WORKMANLIKE - Executed in a skilled manner using proper materials; e.g., generally plumb,
level, square, in line, undamaged and without marring adjacent work.
§217-47. Enforcement.
This chapter shall be enforced by any Code Enforcement Official(s) (CEO) or Building Safety
Inspector (BSI) certified by New York State and employed by the Town of Riverhead.
§217-48 . Authority to inspect.
Inspections permitted.A fire safety and property maintenance inspection of any building,structure,
use, or occupancy, or of any dwelling unit, may be performed by the Code Enforcement Official
(CEO) or Building Safety Inspector (BSI) or an Inspector designated by the Code Enforcement
Official at any time upon:
A. The request of the owner or operator of the property to be inspected or an authorized agent
of such owner;
B. Receipt by the Code Enforcement Officer of written statement alleging that conditions or
activities failing to comply with the Uniform Code or Energy Code exist; or
C. Receipt by the Code Enforcement Officer of any other information, reasonably believed
by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe
that conditions or activities failing to comply with the Uniform Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as permitting an
inspection under any circumstances under which a court order or warrant permitting such
inspection is required, unless such court order or warrant shall have been obtained.
§217-49. Immediate Orders to eliminate dangerous or hazardous conditions of specific
violations of the International Property Maintenance Code of(IPMQ of New York State.
Whenever any Code Enforcement Official (CEO) or Building Safety Inspector (BSI) shall find in
any building, structure or upon any premises an "Unsafe Structure", "Unsafe Equipment",
"Structure Unfit for Human Occupancy", "Unlawful Structure" or "Imminent Danger" as
specifically defined in this chapter, the CEO or BSI shall order such dangerous conditions or
materials to be removed or remedied immediately in such manner as prescribed herein. The CEO
or BSI shall provide Notice and placard the structure, premises, equipment or facilities in the
manner set forth in the International Property Maintenance Code of New York State.
§217-50. Additional Means of Enforcing the Uniform Code; Notice of Violations and
Appearance Tickets.
A. Notice of Violation(s) for violations of this chapter may be served in accordance with Part
1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State
of New York, more specifically Part 1203.5 (g) 1; and
B. Appearance Tickets. In addition to and pursuant to Part 1203 of Title 19 of the Official
Compilation of Codes, Rules and Regulations of the State of New York, more specifically
1203.5 (g)(2), any violation of the provisions set forth specifically in 217-49 of this chapter
shall be deemed a violation of this section and subject to the penalties set forth in 217-55
of this Part 5.
§217-51. Notice of Violation.
Whenever the enforcing officer determines there is or has been a violation of this Part 5, or has
reasonable grounds to believe there is or has been a violation of this Part 5, he shall give notice of
violation to the owner of the subject premises. Such notice may be in the form of an appearance
ticket. Any efforts to remedy violations shall be in a workmanlike manner as defined in this
chapter.
§217-52. Contents of Notices & Appearance Tickets
The notice of violation shall be in writing and shall specify the violation alleged to have been
committed and the name of each person to whom addressed. It may specify the steps to be taken
to effect compliance and may set a reasonable time, not less than 10 nor more than 30 days after
issuance, for the person given such notice to effect compliance. The appearance ticket shall specify
a date, time and place for the person given notice to appear before the Town Justice Court of the
Town of Riverhead or any other court of competent jurisdiction.to be formally charged with the
violation set forth in the notice and to be arraigned thereon. In the event that the notice contains a
statement of a reasonable time for compliance, any date set for appearance in court shall be
subsequent to the final date for compliance.
§217-53. Demolition as compliance.
The demolition of a building in accordance with law shall be deemed compliance.
§217-54. Extension of time for compliance.
In any case where a time for compliance has been fixed, the person or body fixing such time may
extend the time for compliance upon a determination that there is evidence of complying within
the time as extended.
§217-55. Penalties for Offences, Civil Proceedings.
The Town of Riverhead hereby sets penalties for offences of violations of this chapter, in
accordance with Part 1203 of Title 19 of the Official Compilation of Codes,Rules and Regulations
of the State of New York, more specifically Part 1203.5 (g)(7).
A. Penalties. Any person, owner, or operator whom, or association, firm or corporation which
is found to have violated any of the provisions of this Part 5 or assists in such violations
shall be guilty of a violation, punishable as follows:
(1) For a first offense, a fine not less than $750.00, nor more than $1,500.00 or by
imprisonment for a term not to exceed 15 days, or by both such fine and
imprisonment;
(2) For a second offense, a fine not less than $1,500.00, nor more than $3,000.00 or by
imprisonment for a term not to exceed 15 days, or by both such fine and
imprisonment;
(3) For a third and any subsequent offense, a fine not less than $5,000.00, nor more
than $10,000.00 or by imprisonment for a term not to exceed 15 days, or by both
such fine and imprisonment.
Each week, or part thereof, such violation continues following notification by the Town or
service of a notice of violation, summons, or appearance ticket/s shall constitute a separate
offense, punishable in like manner, except where the responsible party shall prove that the
subject premises was vacated and unoccupied subsequent to the initial notification of
violation until such time as the Code Enforcement Official or Building Safety Inspector
determines that the condition/s underlying the violation is/are corrected or otherwise
abated.
B. Civil proceedings and penalties. In addition to the criminal penalties set forth herein, the
Town Attorney is authorized to pursue any and all actions in law or equity, including but
not limited to actions to enjoin and restrain by injunction the person or persons conducting
or permitting any violation of this article or any violations of the International Property
Maintenance (IPMC) of The State of New York for further conducting or permitting said
violation, for compensatory damages, civil penalties, to compel compliance, and any other
remedies which the Town Attorney may deem necessary and proper.
(1) Any person found to have violated any of the provisions of this Part 5 shall be
subject to a civil penalty.
(2) Each day of a continuing violation shall be subject to a separate civil penalty. The
civil penalty for a violation of this Part 5 shall be as follows: $350 for the first day
of violation or any part thereof, $500 for the second day of violation or any part
thereof, and $1,000 for the third day of violation or any part thereof; and for all
subsequent days of violation, up to and including the 15th day, said civil penalties
for any given fifteen-day period may not exceed $15,000. Civil penalties may be
recovered in any action or proceeding brought by the Town Attorney in any court
of competent jurisdiction or before a duly appointed hearing officer whenever
permitted by law for a violation of this Part 5.
(3) Each fifteen-day period shall be the subject of a separate cause of action and shall
be subject to additional civil penalties not to exceed $15,000 in each and every
fifteen-day period.
(4) All civil penalties shall be mandatory penalties and must be imposed upon a
judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead
within 10 days of a judgment, a civil judgment shall be entered against the property,
and the owner of the property, and said judgment may be collectible by a tax
assessment against the property on which said violation occurred.
(5) Any civil penalty imposed shall be in addition to any fine and/or imprisonment
imposed as a result of a criminal prosecution provided for in the Riverhead Town
Code or any state or local law. There is no requirement of notice prior to the
commencement of a civil action.
(6) Strict liability. Personal knowledge of the existence of a violation is not required,
no mens rea (intent) is required, and any violation charged herein shall be one of
strict liability.
(7) Continued violation. There shall be a presumption that a violation continues from
the day the Town establishes that said violation existed until the violation's
existence is rebutted, but in any case no longer than 15 days for each civil action
filed.
§217-56. Remedies Not Exclusive
No remedy or penalty specified in this article shall be the exclusive remedy or remedy available
to address any violation described in this chapter, and each remedy or penalty specified in this
article shall be in addition to, and not in substitution for or limitation of, the other remedies or
penalties specified in this chapter or in any other applicable law. Any remedy or penalty specified
in this article may be pursued at any time,whether prior to,simultaneously with,or after the pursuit
of any other remedy or penalty. In particular,but not by way of limitation,each remedy and penalty
specified in this article shall be in addition to, and not in substitution for or limitation of, the
penalties specified in Subdivision 2 of§ 382 of New York State Executive Law, and any remedy
or penalty specified in this article may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in Subdivision 2 of§82 of the Executive Law.
Article VI
Street Address Numbers
§217-57. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings ascribed
to them by this section:
FRONT or FRONTAGE - That side of a lot or parcel of land which abuts or faces the street or, in
the case of corner lots or lots having streets on more than one side, the side or boundary of the lot
which the main doorway of the building faces, or, in the case of lots served by an access strip or
common driveway, "frontage" shall be where the access or driveway enters the public street.
MAP - The map or maps promulgated by the Town Assessor's office for the assigning of street
address numbers to all of the parcels in the Town required to have such numbers pursuant to this
Part 5.
OWNER - Any person or persons, natural or corporate, who are vested with fee simple title or a
life estate to a parcel of land or portion thereof or who are responsible for the care, maintenance
and payment of charges or levies of the property.
STREET -Any public or private right-of-way or thoroughfare utilized for vehicular traffic within
the corporate limits of the Town.
§217-58. Legislative intent.
It is the purpose of this article to establish a uniform street numbering system for all land parcels
within the Town and to require the position of such assigned numbers to the exclusion of all others
in order to give each land parcel an exclusive and readily locatable address. While it is intended
primarily to assure the quick and certain response of police, fire, ambulance and other emergency
services to their desired destination, the establishment of this uniform numbering system will also
assist social, postal and commercial agencies, as well as residents and visitors, who will also be
able to ensure that they and their goods and services arrive or are delivered in a prompt and efficient
manner.
§217-59. Numbering system established.
A. There is hereby established a uniform street address numbering system for all land parcels in
the Town in accordance with the maps promulgated by and on file with the office of the Town
Assessor and the Town Planner.The Town Planner shall prepare such maps based upon the Suffolk
County Tax Map system as directed by the Town Board. The Planner shall use a uniform system
for the assignment of street address numbers to all land parcels within the Town and shall correct
and update the maps recording such numbers as necessary to keep the numbering system uniform,
accurate and universal.
B. Application may be made to the Planner to change or modify assigned street address numbers
due to an error in the original assignment of the number or where there is a conflict or dispute as
to the proper number to be assigned to any land parcel for other good cause. Such application shall
be on a form prepared by the Planner. The application shall state the reason for the change in
numbering and how the new numbering will be consistent with the numbering system in place.
The Planner shall determine the number of such parcel, which decision shall be final
C, In establishing the aforesaid street address numbering system, the Planner may also assign
names to private roads or rights-of-way providing access to subdivided lands which are unnamed
on the Suffolk County Tax Maps. The Planner, in naming such private road or right-of-way, shall
take into account the name historically used by the residents, but in no case shall a road name be
duplicated in the applicable fire district. Applications to change or modify the name of a private
road or right-of-way may be made to the Planner in the same form and manner as provided in
Subsection B. The naming of the private road or right-of-way by the Planner shall not be construed
to be an acceptance of said road or right-of-way into the Town highway system.
§217-60. Posting of numbers.
A. Any owner of an improved land parcel in the Town of Riverhead for which a street address
number-has been established on the map pursuant to § 217-92 shall conspicuously post and display
said number in the manner set forth in § 217-94.
B. For new construction, the street address number shall be posted and displayed within five days
of the issuance of a building permit. No certificate of occupancy or compliance shall be issued
unless and until the street address number is posted and displayed in accordance with the
provisions of this Part 5. Development applications made to the Building Department, Planning
Board, Zoning Board of Appeals or Conservation Board shall indicate street address numbers as a
condition of approval of the final map. The final map shall be referred to the Planner to verify the
proposed numbering system.
C. It shall be unlawful to post or maintain any number on any construction site or completed
building other than the street address number designated by the Town Planning Department
pursuant to § 217-92.
§217-61. Display of numbers; style and size.
A. Manner of display.
(1) During construction period. The owner of a land parcel for which a building permit has been
issued shall have the street address number displayed on a sign or post located at the front of the
property.
(2)Existing and newly completed buildings.The owner of an existing building or newly completed
building shall have the street address number displayed by permanently affixing or painting
numerals to the front of the building. Where the building is not close enough to the street or is not
readily visible from the street, the street address number shall be permanently affixed to a sign,
post or mailbox located at the front of the parcel or lot where the building is situate.
B. Style and size of numbers. The numerals used to display the street address number of the
building shall be painted on a plaque or the front of the building or made of metal or other durable
material. The numerals shall be Arabic numerals or alphabet letters, a minimum of four inches
high, with a minimum stroke width of 0.5 inch, and of contrasting color. All street numbers shall
be displayed so as to be easily seen from the street by both pedestrians and drivers of vehicles.
§217-62. Tax bill; compliance deadline.
A. The street address number assigned to a land parcel in the Town pursuant to § 217-92 shall be
indicated on the property tax bill applicable to said parcel.
B. The deadline for compliance with this article shall be September 1, 1999.
§217-63. Enforcement.
This article shall be enforced by the provisions of the Municipal Home Rule Law, the Building
Inspector, any Town code enforcement official who is certified as provided by Title 19 NYCRR
Part 434, any peace officer when acting pursuant to his or her special duties, any police officer in
the employ of or under contract to the Town and any other individual duly authorized by a Town
Board resolution.
§217-64. Penalties for offenses.
Any person violating any of the provisions of this article shall be guilty of a violation and, upon
conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or
imprisonment not exceeding 15 days, or both such fine and imprisonment.
X5217--65 through x'217--106. (Reserved)