HomeMy WebLinkAboutTOR 1 � .
J UN 1 0 2022
TOWN OF RIVERHEAD
t I.;�0 PLANNING DEPARTMENT SOUth®!d Town Clerk
201 HOWELL AVENUE,'RIVERHEAD, NEW YOR -
"""""'" (631) 727-3200,FAX (631) 727-9101
Jefferson V.Murphree,A1CP Greg Bergman Matt Charters Heather Trojanowski Tracy Stewart
Torun Building and Planning Planner Planner Site Plan Revictuer• Administrator to the
Administrator Est,264 Ext.207 Ext,283 Planning Board&
Est,239 Zoning Board
Est,240
June 8,2022
PLEASE TAKE NOTICE,that a public hearing will be held before the Town Board of the Town
of Riverhead, at 200 Howell Avenue;Riverhead,New York on the 2111 day of June, 2022 at 6:10
p.m. to amend Chapter 301 of the Riverhead Town Code entitled, "ZONING AND LAND
DEVELOPMENT". The intent of the proposed amendment is to exercise the Town's municipal
zoning authority in establishing regulations for the location/siting of and operation of Firearm
Business Uses within the Town of Riverhead.
A copy of the entire text of the proposed local law and the provisions of the existing law to be
amended 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 be
accessed on the Town of Riverhead website at: www.towilofriverheadny.gov under the-Agenda
and Minutes for the June 7,2022 Town Board Meeting.
Please sign the duplicate of this letter and return to me at your earliest convenience,either by mail,
or electronically at charterslu?to,�ay 0(l'IY(1'h(adll . C11j:
Sincerely,
Matthew' ..Charters, Planner
Eti1: T fSo od
Signature,Received By Date
Please.print name Title
1iP7gt'
Chapter 30 1. Zoning and Land Development
ARTICLE LIIC FIREARM BUSINESS USES 301-283.18)
A, Purpose. To establish criteria for the establishment of Firearm Business Uses.in the Town that
address safety concerns in operations of such businesses, the potential disruption of peace and
uiet enjoyment of the community and to ensure that siting of such businesses is consistent with
the vision of and goals for pragmatic economic development within the Town while promoting
and/or maintaining walkable, family and tourist friendly spaces_and atmospheres. & 301-283.18
provides for separation between Firearm Business Uses and certain uses enumerated herein to
maximize protection of public health--safety, and welfare.
B. Definitions.
Ammunition. Cartridges or cartridge cases, rimers i niter bullets tear gas cartridges, or
propellant powder designed for use in any Firearm.
Firearm. Any device designed or modified to be used as a weapon capable of firingaa projectile
using an explosive charge as a propellant, including but not limited to a gun, pistol,or rifle.
Firearm Accessory.Any device designed,modified or adapted to be inserted into or affixed onto
any Firearm to enable alter or im rove the functioning or capabilities of the Firearm or to enable
the wearing or carrying about one's person of a Firearm.
Firearm Business Use. Any of the following uses:
1 Firearm Dealer. A retail or wholesale operation involving the purchase or sale of
Firearms Ammunition and/or Firearm Accessories.
2 Firing Range A commercial facility designed for Firearm(s) training and/or shooting
Practice.The retail or wholesale sales.of firearms shall not be considered to be a customary
accessory use to a_firing range.
3. Gunsmith. Anv retail operation involving the renairinia. altering cleaning, olishin
engraving blueing or performing of any mechanical operation on any Firearm. . .
C. Applicability. The requirements of this Local Law shall avyly to all Firearm Business Uses
gpproyed or modified in Town of Riverhead after the effective date of this Local Law.
D Firearm Business Uses not allowed as-of-right. Firearm Business Uses are hereby
specifically excluded from the definition of retail sales or services, manufacturing, or any other
lawful business ermitted as of right as accessary to a principal use and/or,by special permit as
provided in this Chapter.
E..Firearin Business Uses allowed by special permit. Use of land buildings or structures for a
Firearm Business Use shall be allowed only by special permit in the districts specified in § 301-
283.18(F), subject to the requirements and criteria of this section.
F Minimum criteria and limitations on approval.
I. Firearm Dealers & Gunsmiths, shall only be allowed within the Business Center (BCS
and Shopping Center (SO Zoning Use Districts.
2.Firing Ranges shall only be allowed within the Commercial Residential Campus(CItC),
Planned 'Industrial Park (PIP) Industrial C (Ind C), and Industrial B.(Ind BI Zoning Use
Districts.
3. Unless expressly permitted pursuant to 301-283.18 F 1 & 2 Firearm Business`Uses
shall be prohibited in all Zoning Use Districts.
4.Firearm Business Uses shall not be located within a radius of 150 feet from any Rropegy
containing a residential use.
5 Firearm Business Uses shall not be located within 1,000 feet of any private or public K-
12 school.
6 Firearm Business Uses shall not be located within 1,000 feet of any daycare center,
preschool child-care facility college or university public park intended for passive or
active recreation playg_rciund land or structures used for religious. purposes__ and.
observations library, nursing home or an existing Firearm Dealer or Firing Range at
another location.. All distances in this Section shall be measured in a straight line from
property line of the Firearm Business Use to the nearest property line of any of the.
designated uses set forth herein.
7. In appropriate circumstances,the Town Board may grant a special permit fora Firearms
Business Use even if the location of the proposed use does not comply with the buffer
requirements set forth in § 301-283,18 herein but only upon,a finding that the oroposed
location is sufficiently buffered by existing_conditions such that the uses enumerated in
subsections 4 5 or 6 hereinabove will not beadversely impacted.by the FireaLm Business'
Use.
8 Firearm Business Uses shall obtain and maintain all necessary Federal, State and other
required local approvals and licenses as conditions precedent to beginning operations and
shall be subject to immediate revocation if any permit issued here under in the vent of
suspension, revocations la se or the like of any other required Federal State or Focal
approval.
9 Firearm_Business Uses shall at all times comply with all applicable Federal State and
local laws and regulations in the operation their business.
10 A special permit granted by the Town Board authorizing the establishment of a Firearm
Business Use shall be valid only for the registered entity to which the special permit was
issued and only for the lot on which the Firearm Business Use has been authorized by the
special permit.
11 No graphics. symbols or images of Firearms, Ammunition or Firearm Accessories
shall be displayed or clearly visible from the exterior of Firearm Business Uses.The Town '
Board may impose additional restrictions on signa a to mitigate impact an the immediate
neighborhood.
12 No Firearm Business Use shall be located within a building containin a residential
use.
13. A Firearm Business shall be located indoors within a fully enclosed building.
14. The hours of operation for a Firearm Business Use shall not adversely impact nearby
uses. The hours of operation shall be set by the Town Board as a condition of the Special
Permit, but in no case shall any Firearm Business Use be open before 9:00 am-or-remain
open after 9:00 p.m.
15. A special.Permit for a Firearm Business Use shall not be granted if such business is
owned by or to be managed by any person or persons convicted of any felony crime under
the New York State Penal Law and/or misdemeanor crimes involving illegal use,transfer
and/or possession of a firearm,the possession and trafficking of drugs,narcotics and other
illegal substances or any conviction of crimes analogous thereto prosecuted in any other .
state.
16. All Firearm Business Uses shall submit a security plan to the Riverhead Police
.Department for review and approval. The plan must include, but not be limited to, the
Following:_
a. Proposed provisions for security.
b. The physical layout of the interior.
c After hours storage of all Firearms in fire-resistant locked containers or
by otherwise securing the Firearms with tamper-resistant mechanical locks.
d. The number of employees._
17 All Firearm Business Uses shall submit an operations and management plan'to the
Riverhead Police Department for review and gpproval on an annual basis.
18 All Firearm Business Uses shall conduct criminal background checks for all employees
in accordance with state law and maintain comprehensive records of such background
checks and shall consent to"spot"production of such records by officers of the Riverhead
Police Department,
19 No persons under the age of 18 shall have access into or within a Firearms Business
Use with the sole exception that minors age 14 and older may access a Firearms Dealer
accompanied by an adult.
20 Firearms Dealers shall videotape the point of sale of all firearms transactions and.
maintain videos for six months to deter illegal purchases and monitor employees:
G. Special permit application and procedure.
The procedural and application requirements of Article LVII - Special Permits, shall apply. In
addition to the procedural and application requirements of Article LVII - Special Permits, an
a lication for special permit for a Firearm Business Use shall include at a minimum the
following information:
1 Description of Activities: A narrativerop viding information about the type and scale of
all activities that will take place on the proposed site.
? Lighting Analysis: A lighting plan showing the location of proposed lights on the
building and the lot and a photometric plan showing the lighting levels.
3_.Context Map:A map,depicting all properties and land.uses within a minimum 1.000 foot
radius of the posed lot. The context map shall include the measured distance to all uses
described in subsections F (4) (5) and (6)above.
4. Description of Ownership, Management, and Employees: The name and address of the
legal owner/s of the establishment. The name and address of all persons having any legal,
beneficial, equitable, or security interests in the use. In the event that a corporation,
partnership, trust or other entity is listed the name, and address of every person who-is an
officer, shareholder, member, manager, or trustee of the entity_must be listed. The name
and address of the manager(s) and assistant manager(s).
5. Comprehensive Signage Plan.
H. Special Permit Criteria.
In granting a special permit for a Firearm Business Use, in addition to finding that the general
criteria for issuance of a special permit are met, the Town Board shall find that the following
criteria are met:
1. Criteria for all Firearm Business Uses:
a. The lot is designed such that it provides convenient, safe and secure
access and egress for clients and employees arriving to and leaving from
the lot.
b. The establishment shall have adequate and safe storage, security, and
a lighting system.
c Loading, refuse and service areas are desiianed to be secure and
shielded from abutting uses.
d The establishment is designed to minimize any adverse impacts on
abutters and/or adjacent properties or businesses.
e. The establishment has satisfied all of the conditions and requirements in
this Chapter.
2. Additional Criteria for Firing Ran es: .
a The use will not result in adverse impacts environmental, or otherwise due to
noise, hazardous materials or air quality.
Z Severability.If any portion of this section is ruled invalid such ruling will not affect the validity
of the remainder of the section..
* Underline represents addition(s)
* Overstrike represents deletion(s)