Loading...
HomeMy WebLinkAboutTOR t 1. v++fl fa9xgggl Rr{perli ; �r Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 12, 2023 Honorable Town Clerk Your respon e to thi .le er will acknowledge receipt of the attached resolution adopted by the . erhea n B ard. Kindly please sign and email bac o the Riverhead Tow erk ne W' elm helm townofriverhea n . o . Signature: . Date: Z Regular To Board Meeting December. 5; 2023, 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 December 5, 2023. #24- Resolution #889—Adopted 12/05/2023 ADOPTS A, LOCAL LAW TO AMEND CHAPTER.213 OF THE RIVERHEAD TOWN CODE.ENTITLED "BICYCLES AND ELECTRIC SCOOTERS" Sincerely, Diane M. Wilhelm Town Clerk: DW:cd 4 West Second Street w Riverhead, New York 113011-(631)727-3200 Ext. 260 1.1:15, 12.05.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-889 ADOPTS.A LOCAL LAW TO AMEND CHAPTER 213 OF THE RIVERHEAD TOWN CODE ENTITLED "BICYCLES AND ELECTRIC SCOOTERS" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, the Town Clerk was authorized to publish 'a.nd post a public notice'to hear all interested persons to consider a local law to law to amend. Chapter 213 of the Riverhead Town Code entitled"Bicycles and Electric Scooters and WHEREAS, a public hearing was held on the 17th day of October 2023 at 6:05 p.m. at 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 establishment is a Type II action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 213 of the Riverhead.Town Code entitled"Bicycles and Electric Scooters" 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 Newspaper and to post same on the signboard at Town Hall.; and be it further RESOLVED, 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 beobtained from the Office of the Town Clerk. THE VOTE RESULT:..." ADOPTED [UNANIMOUS] MOVER: Kenneth'Rothwell,"Councilman, SECONDER: Robert.Kern, Councilman' "r AYES: " Aguiar, Hubbard; Beyrodt'Jr ,,Rothwell :Kern Packet:Pg.53 m z TOWN OF RIVERHEAD o NOTICE OF ADOPTION T N PLEASE TAKE NOTICE, that the Town.Board of the Town of Riverhead adoptedCL w a local• law to amend Chapter 213 of the Riverhead Town Code entitled, "Bicycles and Electric.Scooters"'. The intent of the proposed amendment to restrict the sale, lease or rental of Electric Bicycles and Electric Scooters and Lithium Batteries and,chargers that do not meet the standards set by an accredited testing laboratory such as Underwriters a Laboratories (UL). o Y Ca 7 A copy of the entire text of the adopted local law may be reviewed,at;the Office of the Town Clerk, 4.West.Second Street, Riverhead, New York 1.1901, 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 December 5, 2023 Town Board Meeting. o a 00 Dated: Riverhead, New Yorkco December5, 2023 0 N BY ORDER OF THE TOWN.BOARD OF THE TOWN OF RIVERHEAD a DIANE M. WILHELM, Town Clerk .` a LU c m N S) U a U" M M r N W H n: Q x U O I-- IL O Q .u. O: W U F- O z Y E z U y Y Q Packet Pg.55 y a c Chapter 21.3. Bicycles and Electric Scooters N Article I.II. Sale,Resale and Rental of Electric Bicycles and Electric Scooters and Lithium Batteries and Chargers&Modifications 213-17.. Definitions. A. For the purposes of this article,the terms used herein are defined as follows: 3 0 ELECTRICBICYCLE. s 41 The term"electric bicycle"means a bicycle with electric.assist as defined in. M section 102-c of the New York State Vehicle and Traffic Law. N L ELECTRIC SCOOTER. a The term"electric scooter"means any two-tandem-.wheeled device that has •a handlebars, is designed to be stood upon b the he operator and is powered bV an electric motor that is capable of propelling the device with or without human Q propulsion. 3 STOCK KEEPING UNIT. The term"stock keeping unit"means..each.group of items offered for sale of the J same brand name, quantity of contents,retail.price and.variety. N w 21348.. Sale, Lease or Rental of Electric Bicycles. o 0 Q A. ,No person shall distribute„sell,lease, rent or offer for"sale,lease.or;rental.a electric rn bicycle unless: 00 l: The electric system for such bicycle has been evaluated,tested, and certified by N an accredited OSHA nationallyrecognized testing laboratory(NRTL)for N compliance with Underwriters Laboratories(UL)standard 284.9; and ;n 2. Such certification label or the logo,wordmark, or name of such accredited testing o laboratory is displayed: U J. On.packaging or documentation provided at the time of sale for.suchd �L electrical bicycle; or 6, I Directly.on such electrical bicycle or the battery of.such bicycle: w 213-19. Sale,Lease:or Rental of Electric Scooters. a� A. No person shall distribute, sell, lease,rent or offer for sale, lease or rental a electric U scooter unless: m' M 1. The electric system for such scooter has been evaluated,tested; and certified by N. L an accredited OSHA nationally recognized testing laboratory(NRTL)for Q compliance with Underwriters Laboratories.(UL)standard.2272; and s U 2. Such certification,labelor the logo,wordmark, or name ofsuch accredited testing laboratory is displayed: E w a 4t Pg;56,' 11 :15.b c i. On packaging or documentation provided at the time of sale for such y electrical scooter; or m a ii. Directly on such electrical scooter or the battery of such scooter. o m 213-20. Sale,Lease or Rental of Electric Storage Battery. 0 A. No Person shall distribute, sell,lease,rent or offer for sale,.lease or rental a storage battery for an electric bicycle or electric scooter unless: 0 The storage battery for such bicycle or scooter has been evaluated,tested, and certified.by an accredited OSHA nationally recognized testing laboratory-(NRTL) 0 for compliance with Underwriters Laboratories(UL)standard 2271.;and N 2: The batter}�is provided bw the ori ing al equipment manufacturer oris a specified , replacement:battery in accordance with the certification and.manufacturer's instructions for the device in which it will be installed or used; v 3. Such certification label or the logo,wordmark,or name of such accredited testing laboratory is.displayed:. E i. Ori pacWin�.6f.do6umentatioir provided at the time of sale for such o. storage:battery; or ii. Directly on such storage battery for an electric bicycle or the,electric -r scooter. U O J 213-21 Sale,of.Charging Cord orBattery Charger. f° Ul w tiz A. No Person shall distribute,sell or offer for sale a charging cord or battery charger °a for an electric bicycle or:scooter unless: Co 1. The charging cord or battery charger has-been evaluated,tested, and M ,certified by an accredited OSHA nationally recognized_testing laboratory o N fNRTL)for compliaircewith.the applicable product"test standard for ifs• compatibility and use with a certified battery powered produat:in accordance with its listing and the manufacturer's instructions,and oo 0 2. Such certification label or the logo,wordmark,or name of such;accredited testing laboratory is displayed: a� i. On packaging or documentation provided at the time of sale for.such charging cord or battery charger; or a ii. Directly on such charging cord or.battery charger for an electric bicycle �. U or the electric scooter. U Co 213-22. Sale of Replacement Batteries and Chargers. T N A. No person shall distribute, sell or offer for sale any replacement battery product which shall include but not limited to lithium-ion battery cells, packs, chargers s and adapters unless: c m E s v Co 4 Packet Pg..5i, 11;15ai` v c ca 1. The replacement battery product has been certified by an accredited OSHA nationally recognized testing laboratory for compliance with Underwriter Laboratories f UL)standard 2271: and >' m 2. The replacement battery.is provided by the original equipment '0 manufacturer or is a specified replacement battery or battery charging 0 equipment in accordance with the applicable certification standard and manufacturer's instructions for the device or equipment in which it will be installedor used. 4- 3. Such certification label:or the logo, wordmark, or name of such accredited M t- ,testing laboratory is displayed: N L d i+ i. On packaging or documentation provided at the time of sale for M such lithium cell product; or v 'a C ii. Directly on such lithium cell product: d 4. This code shall include the following types of batter c� o 3 i. User replaceable primary(non-rechargeable)lithium batteries: �o ii. User replaceable secondary(rechargeable)lithium batteries. o J .iii. Technician-replaceable primary(non-rechargeable)lifhium N w batteries: Q 0 iv. Technician-replaceable secondary,(rechargeable)lithium batteries. co 213-23. Modification-of Electric.Bicycles and.Electric Scooters.Prohibited r° N A. No person or entity shall alter, change, enhance, ormodify an electric bic clamor electric scooter. unless :such alteration, change; enhancement :or modification is L consistent. with the applicable: certification standard and. _manufacturer's' o instructions. ° U co 2� 13-24. Penalties for Offence. .2U U d A. A violation of this Article III shall be punished as follows: w. 1: A.fine of not less than 5500 and not exceeding$1,500 for a conviction of a �. first offense. T. 2. A fine of not less than$2,500 and not exceeding$5,000 for conviction m of a second offense. r N 3. A fine.of not less than$7,500,and not exceeding$15,000 for a conviction 2 of a third offense. L U 4. Each stock keeping unit is a separate violation. c' M E L U t4. a Packet 'g'.. 1 t HiYi.appiii2�Man�MiXN' ,f ice of the Town Clerk Ian a Wilhelm Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 12, 2023 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 ata Regular Town Board meeting on December 5, 2023 #24- 'Resolution>#.889—Adopted 12/05/2023 ADOPTSA.LOCAL LAW TO AMEND CHAPTER 213 OF THE RIVERHEAD TOWN CODE ENTITLED "BICYCLES AND 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 4 West Second Street— Riverhead, New York 11901—(631)727-3200 Ext. 260 rF i .GKYttrpyr7iit ii�iw*nwrn, ;� Office of the a 1'ow Clerk Diane M. Wilhelm, Town Clea Registrar of Vitali Statistics Records Management Officer Marriage Officer December 21, 2023 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 December 19, 2023 #25- Resolution # 904—Adopted 12/19/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT", ARTICLE LXIV, "MORTGAGE-IN-DEFAULT REGISTRY", SECTION 350 THEREOF ENTITLED "REGISTRATION OF REAL PROPERTY WITH MORTGAGE-IN-DEFAULT" If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, di,�)�- )�du— Diane M. Wilhelm DMW:cd 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 Office of the Town Clerk .Mane M. Wilhelm, Town Clerk Registrar of Vita! Statistics Records Management Officer Marriage Officer December 21, 2023 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(c'D-townofriverheadny.gov. Signature: Date: Regular Town Board Meeting December 19, 2023, 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 December 19, 2023 #25- Resolution # 904—Adopted 12/19/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT", ARTICLE LXIV, "MORTGAGE-IN-DEFAULT REGISTRY", SECTION 350 THEREOF ENTITLED "REGISTRATION OF REAL PROPERTY WITH MORTGAGE-IN-DEFAULT" Sincerely, Diane M. Wilhelm Town Clerk DW:cd 4 West Second Street— Riverhead, Nene'Y'ork 11901— (631)727-3200 Ext. 260 10.7 12.19.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-904 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT" ARTICLE LXIV "MORTGAGE-IN-DEFAULT REGISTRY", SECTION 350 THEREOF ENTITLED "REGISTRATION OF REAL PROPERTY WITH MORTGAGE-IN-DEFAULT" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 301 of the Riverhead Town Code entitled "Zoning and Land Development", Article LXIV, "Mortgage-in-Default Registry", section 350 thereof entitled "Registration of Real Property with Mortgage-in-Default"; and WHEREAS, a public hearing was held on the 5th day of December 2023 at 2;10 p.m. at Town Hall, 4 West Second Street, 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 establishment is a Type II action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 301 of the Riverhead Town Code entitled "Zoning and Land Development", Article LXIV, "Mortgage-in-Default Registry", section 350 thereof entitled "Registration of Real Property with Mortgage-in-Default" 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 Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, 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: Robert Kern, Councilman AYES: Aguiar, Hubbard, Beyrodt Jr., Rothwell, Kern Packet Pg. 31 TOWN OF RIVERHEAD 4- 0 NOTICE OF ADOPTION Q LO I? PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 301 of the Riverhead Town Code entitled "Zoning and Cn CD Land Development", Article LXIV, "Mortgage-in-Default Registry", section 350 thereof entitled "Registration of Real Property with Mortgage-in-Default". The intent of the E proposed amendment is to lower the registration fee so as to comply with New York State 0 amendments to the Real Property Actions and Proceedings Law, and to clarify when registration would be required. A copy of the entire text of the adopted local law may be reviewed at the Office of 0 the Town Clerk, 4 West Second Street, 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 0 '0 of Riverhead website at: www.town ofriverhead n V.q ov under the Agenda and Minutes for < the December 19, 2023 Town Board Meeting. rn C) Dated: Riverhead, New York December 19, 2023 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk ca 0 ;:1 C) 4') C? O LU F- 0.z 0 I-- CL 0 0 Ui 0 z fC Packet Pg. 33 w � 0 Chapter 301 ' Zoning and Land Development U) Part � art 5. Administration and Enforcement � E8rf'c|e X/ w ' Mortgage-in-Default Registry < 0 � § 301-350. Registration of [e@| O[oOerfV with [Dor+OaOe-'D- ���/uU/` m � fo |f . A. If the property is occupied but remains in defauh. U shall be inspected by the mortgagee, or - said mortgagee's designem, monthly until the mortgagor orother party remedies the default. B. Within 10 days of date that the mortgagee declares its mortgage on a particular parcel of real ' property to be in dofau|t, the mortgagee shall inspect and n*giohar the real property with the Town's mortgage-in-default registry. The mortgagee declares its mortgage on a particular parcel of real property to be in default as evidenced by the filing of a lis pendens or similar courLacbo[. The mortgagee shall include in the registration if the property is vacant or occupied. CU C. Mortgage-in-default registration. Registration pursuant to this section shall contain the name of the mortgagee and mortgage servicer; the direct mailing address of the mortgagee and aen/icer, e-mail address and telephone number; the name and oddvans, e-mei|, and telephone CO number ofa local property manager who shall be responsible for the inapeoUon, security and maintenance of the property. The local property manager named in the registration shall be 0 E located and available within Suffolk and Nassau counties Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and lunch hours exceph*d, to be contacted bythe Town. � D. An e*+n4annua| nonrefundable registration foe in the amount of $209 �5 per property shall CL accompany the mortgage-in-default negistrohonform(s). Gubsequentee4*annua| registrations 0 of defaulted properties and fees in the amount of $209 75 are due within 10 days of the CL � expiration of the previous registration. 2 � E. This section shall also apply to properties that have been the subject offoreclosure sale where the titlewas transferred to the beneficiary of a mortgage involved in the foreclosure and any ' properties transferred under edeed inlieu offon»c|oauro/oa|e. F. Properties subject to this section shall remain under the eefp�annua| mortgage-in-default c� registration requirement, inepection, oeourity, and maintenance standards of this section as to c, long as they remain in default. "7 � � G. Any person or other legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change. CL CU H. Failure of the mortgagee and/or property owner of record to properly register or to revise from time to time the registration to reflect change of circumstances as required by this article is a violation of the Town Code and may result in a citation by the Town's code enforcement ykt Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 21, 2023 r Honorable Town Clerk: Your resp to thi letter will.acknowledge receipt of the attached resolution adopted by th iv rhea own Board. Kindly please sign and.e. ail back to the Riverhead T n C e , e Wilhelm at wilhelm townofriverhe dn. . Signature.: Date: Regular Town Board:Meeting December 1.9, 2023,2;00 PM ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a.Regular Town Board meeting on December 191 2023 #28- Resolution # 931—Adopted 12/19/2023 ADOPTS A LOCAL LAW TO AMEND CHAPT'ER.231=24.OFTHE RIVERHEAD TOWN CODE ENTITLED "INTERFERENCE WITH FIRE DEPARTMENT, FIRE. MARSHAL OR CEO" Sincerely, / ,JG ,- �� Diane M. Wilhelm Town Clerk DW:cd 4 West Second Street— Riverhead, New York 11901 (631)727-3200 Ext. 260 12.19.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-931 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231-24 OF THE RIVERHEAD TOWN CODE ENTITLED "INTERFERENCE WITH FIRE DEPARTMENT, FIRE MARSHAL OR CEO" 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 to law to amend Chapter 231.24 of the Riverhead Town Code entitled "Interference with Fire Department; Fire Marshal or CEO"; and WHEREAS, a public hearing was held,on the 5th day of December 2023 at 2:05 p.m. at Town Hall, 4 West Second Street; 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 establishment is a Type 11 action pursuant to SEQRA. NOW THEREFORE BEIT RESOLVED, that-a,local law amending Chapter 231 24 of the Riverhead Town Code entitled"Interference with Fire Department, Fire Marshal or CEO", is hereby adopted as specified in the attached notice of adoption; and be if further', RESOLVED, that the Town Clerk be and is:.hereby:authorized10 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; all Town Hall Departments may review arid: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: AD;OPfiED jtJNANIMOUS] :M01%ER Fr:an'k'BeyrodtJr:;:Councilman" SECONDER: Kenneth RothwelP, Counclman::: j: AYES:: Aguiar :Hub.bar',136yrodt'Jr Rothwell:Kern .i Packet Pg'.154 10.34.a:__ N TOWN OF RIVERHEAD M NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adoptedCL a local law to amend Chapter 231-24, of the Riverhead Town Code entitled, "Interference L) with Fire Department, Fire Marshal or CEO". The intent of the proposed amendment is to prevent persons from resetting a fire alarm in a commercial or multifamily building a without approval. o 0 A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, 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 0 ca of,Riverh.ead.website at: www.townofriverheadny.aoV under the.Agehda and Minutes for the December 19, 2023 Town Board Meeting. o a T M Dated: Riverhead, New York M December 19, 2023 0 N. BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD L DIANE M.WILHELM,Town Clerk LL t d U C N U1 d a� _C N M N W H a Q x U z O F- CL O Q LL O LU U H O z c m E U CU a Packet.Pg.156.; § 231-24 Interference with Fire Department,Fire Marshal or CEO A. No person or persons shall at any time interfere with the work of a Fire Department at any fire or o in the course of any work incidental thereto. a N T B. No person or persons shall at any time interfere with any Fire Marshal or CEO in the N performance of his duties or in carrying_out an inspection or in the performance of any other duties as such Q representative. U C. No person shall reset a fire alarm in a commercial or multifamily building without approval from E the Fire Chief,Fire.Marshall Fire Department Officer in Charge or Code Enforcement Official Q 0 1. A sign shall be posted by the fire alann panel stating that the fire alarm shall not be reset without the approval of the Fire Chief R V D. Single and'two-family dwellings shall be excluded from the requirements of this section y O. O d T M M N O O W U L O N L d L LL a) E w L Q 0) d _L L. ..0 W j: N U C d L w L d ,It N r M N L Q. U E U R a+ w Q Packet Pg,.1.57;., Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 21, 2023 Suffolk County Planning Department L.I. State Park Commission Town of Sout'hold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regjjlar Town Board.meeting on December 1% 2023 #28- Resolution #931 Adopted 12/1912023 ADOPTS.A LOCAL LAW TO AMEND CHAPTER 231-24 OF THE RIVERHEAD TOWN CODE ENTITLED "INTERFERENCE. E.W.IT.H FI.RE D.EPARTMEN.T. FIRE MARSHAL OR CEO" If you have any questions; please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wi.MOM at.Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 4 West Second Street— Riverhead, New York 11901 (631)727-3200 Ext. 260 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 21, 2023 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 verheadny.gov. Signature: Date: Regular Town,Board Meeting Pecernber 19, 2.023,21:90 PM ENCLOSED HEREWITH. please find the following resolution which was adopted by the Riverhead Town Board at a.Regular Town Board meeting on December 19, 2023 #287 Resolution # 931—Adopted 1.2/19/2023 ADOPTS LOCAL LAW TO AMEND CHAPTER 231-24 OF THE RIVERHEAD TOWN CODE ENTITLED ''INTERFERENCE WITH FIRE DEPARTMENT, FIRE MARSHAL OR CEO" ,gincorely, Diane M. Wilhelm Town Clerk DW:cd 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 12.19.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-931 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231-24 OF THE RIVERHEAD TOWN CODE ENTITLED "INTERFERENCEWITH FIRE DEPARTMENT, FIRE MARSHAL OR CEO" Councilman Beyrodt Jr. offered the following resolution, which was seconded by'Councilhian Rothwell WHEREAS, the Town Clerk was authorized to publish and post a public notice.to hear all interested persons to consider a local law to law to amend Chapter231.24 of the Riverhead Town Code entitled"Interference with Fire Department; Fire Marshal or CEO"; and WHEREAS,,a.public hearing was.held on:the 5th day of December 2023 at 2:05 p.m. at Town Hall, West Second Street, Riverhead, New York, the date, :time and place specified in said public notice, and all persons wishing_ to be heard were heard; and i WHEREAS,,' the proposed establishment is a Type 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that.a.local:law amending Chapter 231- 24,bf the Riverhead Town Code entitled'Interference with Fire Department, Fire Marshal or CEO", is hereby adopted as specifed in the attached notice of adoption; and be if further, RESOLVED, that the Town Clerk be and'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, 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 REStJ,LT:: ADOPTEDjl1,tJA'NIMOUS] MOVER: Frank` .eyrodt.Jr.; :Gouiicilman SEGCQN.DER : Kenneth,Rothwell,;Councilman AYES:, ,,,, ;::.,,.: Aguiar,:Hubbard; Beyrgdt Jr.,; Rothwell,Kern; Packet Pg.,1 .10:34:a v N TOWN OF RIVERHEAD M NOTICE OF ADOPTION L a PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted r a local law to amend Chapter 231-24, of the Riverhead Town Code entitled, "Interference with Fire Department, Fire Marshal or CEO". The intent of the proposed amendment is to prevent persons from resetting a fire alarm in a commercial or multifamily building E without approval. o A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, 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.town ofriverheadny.gov under the Agenda and Minutes for the December 19, 2023 Town.Board Meeting. o Q M Dated: Riverhead, New York co December 19, 2023. o N BY,ORDER;OF THE TOWN BOARD Ca OF THE TOWN'OF RIVERHEAD i DIANE M. WILHELM, Town Clerk L_ U- d C d L L d N r M N W W H d Q U z O H CL O Q U- 0 LU U F- O c w E s U CU Q Pa'cket'Pg:1'56' '.,1 O.34.b: §231-24 Interference with Fire Department Fire Marshal or CFO A. No person or persons shall at any time interfere with the work of a Fire Department at any fire or 'o- in in the course of any work incidental thereto. N T M B. No person or persons shall at any time interfere with any Fire Marshal or CEO in the N performance of his duties or in carrying out an inspection or in the performance of any other duties as such representative. U C. No person shall reset a fire alarm in a commercial or multifamily building without approval from a the Fire Chief,Fire Marshall,Fire Department Officer in Charge or Code Enforcement Official Q 0 w 1: A sign shall be posted by the fire alarm panel stating that the fire alarm shall not be reset without the approval of the Fire Chief —' R U D. Single and two-family dwellings shall be excluded'-from-the requirements of this section N CL O Q r M 6'1 M N O .Ni O W U L O . RT N L d L LL C QCI G Q d 0 �7 L LL w QI_ U C G7 L d L d C' d' N r M N L Q� Q U c m E U f6 w Q i.'Packet Pg:157. r O Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 21, 2023 Suffolk.County Planning Department U. 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 December 19, 2023 #28- Resolution #931=Adopted 12/19/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER.231-24 OF THE RIVERHEAD TOWN CODE ENTITLED "INTERFERENCE WITH FIRE.DEPARTMENT, FIRE MARSHAL OR CEO" 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 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 Office of the Town Clerk Diane M. Wilhelh4 Town Clerk Registrar of Vital Statistics Records Management Offider Marriage Officer December 21, 2023 Honorable Town Clerk: Your respo i6 Ithis'l'tter will acknowledge receipt of the attached resolution 0 is adopted by the&ivhead w ard. Kindly please sign and email back to,the elm Riverhead To er D n elm at wilhelmOtownoftiverhea&V.cio.v,. Signature: Date:, V L/ Regular Town Board Meeting December. 11%2023; 2:0.0 PM ENCLOSE[) HEREWITH please find the following resolution Which was.adopted by the Riverhead'Town Board.at a Regular Town Board meet.ing on December 19, 2023 #25- Resolution # 904—Adopted 12/19/2029, ADOPTS.A LOCAL LAW TOAMEND,CHAPTER 30.1 OF THE RIYERH EAD TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT", ARTICLE LXIV, "MORTGAGE-IN-DEFAULT REGISTRY.", SECTION 350 THEREOF ENTITLED . "REGISTRATION OF REAL PROPERTY WITH MORTGAGE-IN-DEFAULV' Sincerely, Diane M. Wilhelm Town Clerk DW:cd 4 West Second Street—Riverhead, New York 11901—(631)727-3200 Ext. 260 Y y 12.19.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023=904 ADOPTS A LOCAL LAW TO AMEND.CHAPTER 301 OF THE RIVERHEAD TOWN CODE ENTITLED."ZONING AND LAND DEVELOPMENT", ARTICLE LXIV, "MORTGAGE-IN-DEFAULT REGISTRY",.SECTION 350 THEREOF ENTITLED "REGISTRATION OF REAL PROPERTY WITH MORTGAGE-IN-DEFAULT" Councilman Rothwell offered the following resolution, which was seconded by Councilman.Kern WHEREAS, the Town Clerk was authorized to publish and post a public,notice to hear all interested persons to consider a local law to law to amend Chapter 301 of the Riverhead Town Code entitled "Zoning and Land Development', Article LXIV, 'Mortgage-in-Default Registry", section 350 thereof entitled "Registration of Real Property with Mortgage-in-Default"; and WHEREAS, a public hearing was held on the 6th day of December 2023 at 2;10 p.m. at Town Hall, 4 West Second Street, 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 establishment is,aType.11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that.a local law amending Chapter 301 of the Riverhead'Town Code.entitled "Zoning and Land Development Article LXIV; "Mortgage-in-Default Registry", section 350 thereof entitled 'Registration of Real Property with Mortgage-in-Default" 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 Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, 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,[UNANIMO:US.]..'. :' ,MOVER'.-.:. :: Kennett Rothwell;-Gouncilmai S.E:G"QNDERi Robert:Kbni' 'Cd6hcilm6n ' AYES': A'guiar;;Hubliw;:Beyridt J.r.,:Rothwelf;.`I<ern . ` Packet Pg.31 r y m TOWN OF RIVERHEAD NOTICE OF ADOPTION o PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 301 of the Riverhead Town Code entitled "Zoning and M Land.Development", Article LXIV, "Mortgage-in-Default Registry", section 350 thereof entitled "Registration of Real Property with Mortgage-in-Default". The iritent.of the E proposed amendment is to lower the registration fee so as to comply with New York State o amendments to the Real Property Actions and Proceedings Law,,and to clarify when registration would be required. J U A copy of•the entire text of the adopted local law may be reviewed at the Office of 0 the Town:Clerk, 4 West Second Stre.et,.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 o of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for Q the December 19, 2023 Town Board Meeting. 0 M N O Dated`. Riverhead, New York N December 19,2023 N BY ORDER OF THE TOWN BOARD: OF THE TOWN OF RIVERHEAD 3 DIANE M. WILHELM;Town Clerk CU w 0 0 u' M t- O M W F-- a. 4 U z O o. O ❑ d LL O W U F- O z _ m t U Rf r W Packet.Pg:3,3 r w N S Y Chapter 301 . Zoning and Land Development O M O Part 5. Administration and Enforcement M c Article LXIV. Mortgage-in-Default Registry a 0 Y § 301-350. Registration of real property with mort a e in-' J default. 0 J 'A. If the property is occupied but remains in default, it shall be inspected by the mortgagee, or N .said mortgagee's designee, monthly until the mortgagor or other party remedies the default. o B. Within 10 days of date that,the mortgagee declares its mortgage on a particular parcel of real Q property to be in default, the mortgagee shall inspect and register the real property with the 0 Town's mortgage-in=default registry. The mortoagee declares its mortgage on a particular r� parcel of real property to be in default as evidenced by the 'filing of a lis pendens or similar N court action. The mortgagee shall include in the registration if the property is..vacant or occupied. d C. Mortgage-in=default registration. Registration pursuant to this section shall contain the name c of the mortgagee and mortgage servicer; the direct mailing'address of the mortgagee and servicer,e-mail address and telephone number;the name and,address,.e-mail,and telephone CU -number of a local property manager who shall be responsible for the inspection;ssecurity and M maintenance.of the property. The local property manager named in the registration shall be 0 located and available within Suffolk and Nassau counties Monday through Friday between E 9:00 a.m. and 5:00 p.m., holidays and lunch hours:excepted.,,to be contacted by the Town. 3 a D. An semiannual nonrefundable registration fee in the amount of $2-99 75 per property shall Q accompany the mortgage-ih-default registration formN.Subsequent se�adnual registrations o L of defaulted properties and fees in. the amount of $2-99 75 are due within 10 days of the °' expiration of the previous registration. a 0 E. This section shall also apply to properties that have been the subjectof foreclosure sale where o the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. F.. Properties subject to this section shall remain under the semiannual 'mortgage-in-default W_ registration requirement, inspection, security, and maintenance standards of this section as 0 long as they remain in default. C 0 M G. Any person or other legal entity that has registered a property under this section must report any change of information contained in the registration_within 10 days of the change. R U H. Failure of the mortgagee and/or property owner of record to properly register or to revise from time to time the registration to reflect a change of circumstances as required by this article is E a violation of the Town Code and may result in a citation by the Town's code enforcement c division. 0 Y Y Q packet pg.,34 L1 41', 0 er Trice of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer / December 21, 2023 Suffolk County Planning Department L.I. State Park CommissioD 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 December 19, 2023 #25- Resolution #904—Adopted 12/19/2023 ADOPTS A LOCAL:LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT", ARTICLE LXIV, "MORTGAGE-IN-DEFAULT REGISTRY",-SECTION 350 THEREOF ENTITLED "REGISTRATION OF REAL PROPERTY-WITH :IVIUK]k.aAk3E-IN-DEFAULT" If you have any questions, please call Carol Del Vecchio.at 631-727-3. 200, Ext 262, or Diane. Wilhelm at Ext. 260 Sincerely, ��- Diane M. Wilhelm DMW.cd 4 West Second Street—Riverhead, New York 11901—(631)727-3200 Ext. 260 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of,Vital Statistics Records Management Officer Marriage.Officer December. 21, 2023: Honorable Town Clerk: Y' Ee 0 th4--Iwetter will acknowledge receipt of the attached resolution our r po adopted by the lVeIr �e8 mail back,t the Poard. Kindly please sign and e Riverhead. To Qe k iane i1helm atwilhOlm(cDtbWnofriVOrhec!4hv.ciOv. Signature:... Date-, '0 P Regular Town Bo r Meet" rii celbe�1*9, 2023, 2:00 P ENCLOSED'HEREWITH please find the following res.oluti.on.wh'ch Was adopted by the Riverhead Town. Board at a Regular Town Board.meeting on. December 19, 2023 #26- Resolution # 929—Adopted 12/19/2023 .ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 PART 6.. LONG ISLAND: WORKFORCE HOUSING ACT Sincerely, Diane M. Wilhelm Town Clerk DW:cd 4 West Second Street— Riverhead, New York 11901—(631)727-3200 Ext. 260 12.19.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-929 ADOPTS LOCAL LAW TO AMEND CHAPTER 301 PART 6; LONG ISLAND WORKFORCE HOUSING ACT Councilman Kern offered the following resolution, which�.was seconded byCouncilman Hubbard WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested.persons to consider a local law to amend Chapter 301, entitled Chapter 301 Part 6;Long Island Workforce Housing Act of the Riverhead Town Code of the Code of the Town of Riverhead ("Riverhead Town Code"); and WHEREAS, a public:hearing was held on the 51h day of December 2023 at 2:00 o'clock p.m. at the Riverhead Town Hall, 4 W Second Street Riverhead., New York, the date, time and place specified. in said public.notice, and all persons wishing to be heard were heard; anti WHEREAS, by memo dated November 21, 2023 the.Suffolk County Planning Commis"cion (SCPC) considered the subject Local Law to be a matter for local determination as there is no apparent significant county-wide or inter community impacts(s);and WHEREAS, the proposed amendment-is a Type II action pursuant to 6 NYCRR Part 617,(SEQRA); therefore no further environmental review is required.. .NOW, THEREFORE, BE IT RESOLVED, that.the local law amending Chapter, 301, entitled Chapter:301 Part 6, Long Island:Workforce Housing Act of the Riverhead Town Code 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 be and is hereby directed to forward a copy of this resolution to the Office of the Town Attorney; and RESOLVED, that all Town Hall Departments may review and obtain a copy,of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE RE$.ULT ' ADOF:T'ED',[UNANIMOtJS.] MOUE' Robert Kern,`CauneilTr an SE.0°ONDER Tim Hu;bbard ;C"ouricilrrian ;'.. , AYES:;- Aguiar," Hubba,rd;:Beyrod.t Jr.,"Rotliwell',;Kern" F?ad6t'Pg. 144 3 � ,10.32:a § 301-359 Application and administration. A. When a subdivision plan of five or more residential units proposing the maximum allowable residentia' density pursuant to an approved yield map in any zoning use district other than and excluding the RA4l a Zoning Use District is being considered by the Planning Board, the Planning Board shall make ; determination whether to allow a development density bonus as afforded by the Long Island Workforce .Housing Act,require the developer to provide other land and.construct the required affordable work fora o: housing units that are riot part of the applicant's current subdivision plat,but which must be provided or anothersite within the Town,within the same hamlet&schooldistrict, or in the alternative,to require th, t_ developer to deposit,pursuant General Municipal Law§ 699-b(1)(c)(1),the required fee in lieu of densir a bonus to a workforce housing fund to be administered by the Community Development Agency, as se o forth in § 699-b(l)(c)(i)of the General Municipal Law."In the case of a realty subdivision, such fee shal be paid prior to the Planning Board Chairman signing the subdivision map. s (1) In determining whether to utilize the density bonus,require the applicant to construct affordable unit offsite, or require the fee in lieu of density bonus, the Planning Board shall first consider th( E recommendation of the Administrator of the Department of Land Management: When making sar( Q recommendation, the Department of Land Management Administrator, in consultation with the S Town Attorney and the Community Development.Agency Director, shall.ensure compliance wit] R the purpose,and.intent of the zoning use district and the Town's Comprehensive Plan. U B. When a.site.plan proposing five or more residential units and the maximum allowable.floor area.ratio pursuant to that zoning district in which it is located is.being considered by the either.the Planning Boar( Q.. or the Town Board in any zoning use district other than and excluding the RA40 Zoning Use District,th( Q applicable Town.agency,to wit,shall make a determination whether to allow a development density bonus •. as afforded by the Long Island Workforce Housing Act,_require the:developer to provide other land an( v construct the required affordable work force housing units that are not part of the.applicant's current sit( M Plan but which must.be provided on another site within the Town, within the same.hamlet & schoo N. disfrict, or in the alternative,to require the developer to deposit,pursuant General Municipal Law,section y .:699-b(1)(c)(i),the required fee in lieu of density bonus to a.woikfoice housing fund to:be administere( o by the Community Development Agency, as set forth.in.§ 699-b(l)(c)(i) of the General Municipal Law. In the case of'a site plan,application, such fee shall be paid prior to the signature of the Planning Boar(. a Chainnan or the Town Supervisor on the mylar. LU U (1) In determining whether to utilize the density bonus,require the applicant to construct affordable unit offsite,.or require the fee in lieu of density bonus fee, the applicant Town agency, to wit, shall firs consider the recommendation of the Administrator of the Department of Land Management. When making said recommendation, the Department of Land Management Administrator,in consultation t with the Town Attorney and the Community Development Agency Director,shall ensure.complianci o with the Town's Comprehensive Plan. tn y C. The Residence;A-40 Zoning Use District, which is excluded from.Subsections A and B of this article E currently has a workforce housing option applicable to the RA40 Zoning Use District which allows at v increased development.yield of 100%,provided that 100%of the increased development yield within tht E subdivision is reserved exclusively for affordable workforce housing,,pursuant to Town Code, Chapte <t 301, Attachment 2. In order to comply with the Long Island_Workforce Housing Act, a developer mus N provide a-minimum increased development density of 10% above that which is shown on an approve( yield map. Any residential units above what is shown on an approved residential yield map.shall bi o reservedfor affordable workforce housing. N d D. The provisions of this article shall not apply when an applicant elects a lesser percentage than thi E maximum.allowable residential density, as established by an approved yield map a for subdivision plans or per the maximum allowable floor area if part of a site plan application proposing five or more residentia Q units. Racket;Pg:146 C � 10:32:K E. All workforce housing created pursuant to the General Municipal Law shall remain affordable i perpetuity,and shall comply with the provisions of§ 301-359F of this article.The Town shall ensure that all affordable workforce housing units created pursuant to this article remain affordable.Thus,subsequen purchasers of such,units shall have at the time of purchase, pursuant to the definition of "affordably workforce housing" herein, an income at or below 130% of the median income for the Nassau-Suffoll Primary Statistical Area,as defined by the Federal Department of Housing and Urban Development. o J F. Covenants and restrictions. (1) To ensure continued compliance with § 699-b(3)of the General Municipal Law requiring workforce o housing,.to remain affordable in perpetuity, as a condition of approval, all workforce housing sl�al. ` be subject.to covenants and restrictions that run with the land, and restrict the sale and resale of sue] Q units in accordance with the requirements of§301-361 of this article.In addition,the restrictions se C forth in this article shall be equally applicable to affordable workforce housing.. v c (2) The responsible agency; to wit, may establish such other restrictions as it deems necessary clurin! Q the review process. 0 Y 3 (3) Said covenants and restrictions shall be prepared,by the applicant and submitted to the Tow! Attorney for approval as to form:and content. Upon approval by the,Town Attorney, the applican R shallrecord the covenants and restrictions in the office of the Suffolk.County Clerk; as his or he 0 'own.expense,.and provide the Town Attorney and the Department of Land Management with a.cop_ of the recorded instrument before an application for a building permit.will be accepted-for filing. 0 a N T M N O N a. O U Z a LU J U QI J O Y L CL 0 Y C df E C U E al r N r M N O N Y E t U Y Y ;f?acket`Pg 1;47, :, TOWN OF RIVERHEAD Notice of Adoption N PLEASE TAKE.NOTICE, that the Town Board of the Town of Riverhead, adopted o a local law to amend to Chapter 301 Part 6, Long Island Workforce Housing Act as 7 follows: The intent of the proposed amendment is to allow for additional means of f compliance with the Long Island Workforce Housing Act by allowing required affordable a work .force housing units that are not part of an applicant's subdivision or site plan M application to be located on another site within the Town, within the same hamlet.and Q school district. U A copy of the entire text.of.the adopted 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, a. Riverhead, New York 1.1901, between the hours of 8:30 a.m. and 4:30 p.m., Monday 2 through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.aov under the Agenda and Minutes.for the December 19, 2023 -' Town Board Meeting. o J Dated. Riverhead, New York a 'December 19; 2023 0 a N BY ORDER OF THE TOWN BOARD M OF THE TOWN OF RIVERHEAD N DIANE M. WILHELM, Town Clerk Q x J R d O w N w C d E. C d Q O v-- C O CL O Q v- O N U O Z C d E L U R Q Pack0Pg,1.48 4 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 21, 2023 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 December 19, 2023 #26- Resolution # 929—Adopted 12/19/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 PART 6,. LONG ISLAND WORKFORCE HOUSING ACT 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 4 West Second Street-- Riverhead, New York 11901—(631)727-3200 IExt. 260 j J 0 gr ffice of the: Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records'Management Officer Marriage Officer December 21,.2023 Honorable Town Clerk: Your re8pon t this le r will acknowledge receipt of the attached resolution adopted by the O' er' ad T*�'n Board. Kindly please sign and emailbackto the. Riverhead To ' C1 k, D`, e ii�limatWilhelm Ca).towno'friverhE�ddnv.pov. Signature- 1. ,/ /Zll/ Date: . Regular Town Board Meeting December 19, 2023, 2:00 PM - ENCLOSED HEREWITH please find the following resolution which was adopted bythe. Riverhead Town Board at a Regular Town Board meeting Ott December 19, 2023 #27- Re'sOlution #,930—Adopted 12/19/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301OF THE.."RIVERHEAD.TOWN CODE'ENTITLED "ZONINGAND LAND DEVELOPMEN.r, ARTICLE LI, "WIRELESS COMMUNICATION TOWERS &ANTENNAS", §3017276, THEREOF ENTITLED; "PERMITTED USES, DETERMINATION BY BUILDING DEPARTMENT--APPEALS" Sincerely, Diane M. Wilhelm Town Clerk DW:,cd 4 West Second Street-- Riverhead, New York 11901— (631)727-3200 Ext. 260 10� 12.19.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-930 ADOPTS LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN. CODE ENTITLED "ZONING AND LAND DEVELOPMENT", ARTICLE LI, "WIRELESS COMMUNICATION TOWERS & ANTENNAS", $301-276, .THEREOF ENTITLED, "PERMITTED USES, DETERMINATION BY BUILDING DEPARTMENT; APPEALS" Councilman Hubbard offered the following resolution, which was seconded by Councilmain Beyrodt Jr. i WHEREAS, the Town Clerk was authorized to publish and post a public notice.to hear all interested persons to consider a local law to amend Chapter 301, entitled "Zoning and Land'Development",Article LI,"Wireless Communication:Towers&Antennas",§301- 276,thereof entitled,"Permitted.uses,detemiiriation by Building Department;appeals"of the.Code of the Town of Riverhead ("Riverhead Town Code"); and WHEREAS;:a public hearing was held on the 5th day of December 2023 of 2:05 o'clock p.m. at the Riverhead Town,Hall, 4 W Second Street Riverhead, .New York, the date,,time•and place specified in said public notice_,and,all persons wishingto be heard were heard;and WHEREAS, by memo dated November 22, 2023 the Suffolk County Planning Commission (SCPC) considered the subject Local Law,to be. a matter for local: determination as there is no apparent significant county-wide or inter-community impacts(s); and WHEREAS,, the proposed.amendment is.a Type 11 action pursuant to:6 NYCRR. Part617•(:SEQRA), therefore no.further environmental review is required.. N.OW%THEREFORE, BE IT RESOLVED, that the local,law amending.Chapter 301, entitled 'Zoning and Land Development", Article LI, "Wireless Communication Towers &Anton nas'% §301-276, thereof entitled, `'Permitted uses, determination by Building Department; appeals" 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 be and is hereby directed to forward a copy of this resolution to the Office of the Town Attorney; and RESOLVED, that all Town Hall Departments may review and obtain a copy of this,resolution from the:electronic storage device and, if needed,a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Packet.Pg;`149 t RESIJ,LT ., "" ADQPTED,[UNANl1VI;QUS] 10.33, MOVER.- Tim Hubbard;:Councilman: - SE bER: .-Frank`"; § 301-276 Pe►•mitted uses; determination by Building Department; appeals. A. Permitted uses.The following uses are deemed to be permitted uses and shall require a Building Permit Electrical Permit, & Fire Marshal Construction Permit but shall not be subject to site plan approval or; w CL special use permit: U (1) Antennas to be located on towers on property owned, leased or otherwise controlled by the Town o Riverhead or one of its special districts, provided that said property is.subject to a license or least E authorizing such antenna which shall be approved by the Town Board,and provided that such tower o or antennas comply with the written regulations promulgated by the Town Board.. 3 (2) Lawful or approved towers and antennas, which existed prior to the effective date of this article except that any and all additions or expansions to existing towers and/or antennas shall be subject tc o the requirements ofthis section and article. N (3) The,location of.aclditional new antennas on existing towers, so long as:the'same are�in compliancy Q with the:following: o M Q1 (a)° A tower which is modified or reconstructed to accommodate the co-location of:an additiona N antenna shall be.of the same tower type as the existing tower,unless the Building Departmeni N in its discretion,shall permit reconstruction,as a monopole. a (b) Height.An existing tower may be modified or rebuilt with no additional separation to a greate o height over the tower's existing height, in order to accommodate the co-location of, singly Q additional antenna._ w :J U I B. Information required for;applications for approval by the Building Department:. E (1) All information requiredunder Chapter.217,Buildings;Building Construction and Improvements a and Housing Standards,Parts 1 and 2, of the Code of the Town of Riverhead. o (2) An application.form as approved by the Building Department. a (3) Mount.Analysis Report, Structural Analysis Report,and.RF-EME Compliance Report prepared by m a licensed design professional. 0 C. The Building_Department shall make a final,determination to grant,grant with modifications and/or conditions arid/or covenants or deny the application submitted pursuant to this section: E a� D. The.Zoning Officer within the Building Department may, in making said determination: a c„ (1) Pennit the reconstruction of any existing tower to monopole construction to encourage the use of monopoles. w (2) At his/her sole sole discretion,refer any application to the Zoning Board of'Appea„ls. E a� a E. Upon a final.determination by the Zoning Officer within the Building Department to deny,modify �I and/or impose conditions and/or covenants upon an application,the applicant may appeal to the Zoning. r Board of Appeals within 60 days of the final determination. N 0 N d E U f4 w d Packet Pg. 152 163T3 .. TOWN OF RIVERHEAD Notice of Adoption a PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead, adopted a local law to amend to Chapter 301 of the Riverhead Town Code entitled "Zoning and o Land Development",,Article LI, "Wireless Communication Towers&Antennas",.§301-276,, thereof entitled, "Permitted uses, determination by Building Department; appeals" as follows: The intent of the proposed amendment is to amend the requirements. for the permitted uses listed in §301-276 to remove the requirement for site plan approval, and to.require a Building Permit, Electrical Permit & Fire Marshal Construction Permit and to require the submission of a Mount Analysis Report', Structural Analysis report and RF- EME Compliance Report prepared by a licensed design professional as part of, the Building Permit Application. E L A copy of the entire text of the adopted local law and the provisions of the existing law to be amended may reviewed at the Office of the Town Clerk, 200 Howell Avenue, N Riverhead, New York, 119.0.1, between the hours of 8:30 a.m. and 4:30 p.m., Monday M through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny:gov under the Agenda and Minutes for the'December 19, 2023 Town Board Meeting. _ Q Dated: Riverhead, New York 06 .December 19, 2023 3 0 E- y. BY ORDER OF THE TOWN BOARD 0 OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk E E 0 U m m L L' 0 CL o. Q 0 CD U O Z C d E U cCf w Q Packet.Pg.;153.: office of the Town Clerk ' Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 211, 2023 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 ata Regular Town Board meeting on December 1942023 #27= Resolution # 930—Adopted 12/19/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT", ARTICLE LI,. "WIRELESS. COMMUNICATION'TOWERS & ANTENNAS!', §301-276, THEREOF ENTITLED, -PERMITTED USES, DETERMINATION. BY:BUILDING DEPARTMENT; APPEALS" 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 4 West Second Street— Riverhead, New York 11901 (631}727-3200 Ext. 260 ,E k' 5s it t 't.�t:urir.ovnn'ti is*r�csnrvr. y (liffice of the Town Clerk Diene M. Wilhelm, Town Clerk Registrar of vital Statistics Records Management Officer Marriage Officer November 28, 2023 Honorable TowXerhd Your reletter ill acknowledge receipt of the attached resolution adopted by thewn o Kindly please sign and email bac to the Riverhead Tow it el at wilhe m townofriverhea o N. $ignature: Date: Regular To Board Meeting November.21, 2023, 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°Noverimber 21, 2023 #22- Resolution # 87.1—Adopted 11/21/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS" Sincerely, _ :Ada"_ Diane M. Wilhelm Town Clerk DW:cd 4 West Second Street—Riverhead, New York 1.1901—(631)727-3200 Ext. 260 11.21.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-871 ADOPTS A LOCAL LAW TO AMEND CHAPTER_289 OF THE RIVERHEAD TOWN CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS" Councilman Kern 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 to law to amend Chapter 289 of the Riverhead Town Code entitled "Vehicles, Traffic and Parking Regulations"; and WHEREAS, a public hearing was held on the 17th day of October 2023 at 6:10 p.m. at 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 establishment is a Type II action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED; that a local law,amending Chapter.289 of the Riverhead Town Code entitled 'Vehicles, Traffic and Parking Regulations" 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 Newspaper and to post"same on the signboard at Town Hall; and be it further RESOLVED, 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 RES.U.LT: •ADOOPTED [.UNANIMQ.IJSj. 'MQ.VER ��Robert�=Kern-,:Councilman;'' .�S:EC',Q:NRER: Tim:Hubbard', Councilman AYES: :Yvetto,Aguiar;,Ti m:`Hubbartl, Ken'nefh:Rothwell;;.Robert,Kerri's sA;BS:ENT ,Frank;Beyro.dt'Jt: ;'Rac{iet"Rg.89 ` Y TOWN OF RIVERHEAD NOTICE OF ADOPTION w 0 PLEASE TAKE, NOTICE, that the Town Board of the Town of Riverhead adoptedco a local law to amend amend Chapter 289 of the Riverhead Town_Code entitled "Vehicles, L Traffic and, Parking Regulations". The intent of the proposed amendment is to prohibit parking Q of vehicles on certain beach area roads unless such vehicles are bearing a valid beach parking permit. A.copy of the entire text of the adopted local,law may be reviewed at the Office of a' the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours 0 of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town J of Riverhead website at: www.town ofriverhea dny.4ov under the Agenda and Minutes for the November 21., 2023 Town Board Meeting. 0 U) w CL Dated: Riverhead, New York a November 21, 2023 r 00 00 BY ORDER OF THE TOWN BOARD N OF THE TOWN OF RIVERHEAD N DIANE M.WILHELM,Town Clerk �, C. fA Z7 f9 O t U t4 N CO OI co N W f- CL Q U Z O H CL O Q U- 0 W U H O z c 0 E s U fU Q :Packet Pg.,91 7-1 9.241 a� s Y Chapter 289 0 Vehicles, Traffic and Parking N ARTICLE 1V Parking,Standing and Stopping C U c § 289-10.Parking prohibited. E a The parking of vehicles is hereby prohibited in the locations as follows: ° J Name of Street Side Location U O Adelia Path. Both From a point at its m intersection with w CL Pier Avenue in an ° easterly direction to Q its terminus CO M N O Sound Shore Road Both From u point at its intersection with Pier Avenue in a westerly direction to a point 1000'hence a C Smu�.j;ler's Tath Both From a point at its ° intersection with =� Pier Avenue in a ° westerly direction to n its terminus of c Crow's Nest Drive Both From a point at its. intersection with Sea Breeze Drive in a. westerly,direction to �° its intersection with U Eight Bells Road m Eight Bells Road Both From a point at its intersection with Crow's Nest Drive southerly to a C point at its intersection with Atwater. U Street c E s U Y Y 06cket`pg.,92 i Y Hornpipe Drive Both From a point at its intersection with o Sea Breeze Drive in a w westerly direction to its intersection with Eight Bells Road v a� Nautical Drive Both From a point at its intersection with Sea Breeze Drive in.a westerly direction to J its.intersection with o. Eight Bells Road Cu U) 0 Treasure.Drive Both From a point at its Q intersection with t- n Park Road in a westerly direction to CO its intersection with. Eight Bells Road w a� ar § 289=21.Parking by.permit. The parking of vehicles bearing valid beach parking permits is hereby pennitted in.the following a locations wliere parking is otherwise prohibited: o w� Street Side Location 0 a. Adelia Path Both From a point at its intersection with. Pier Avenue in an L easterly direction.to. a. its terminus a 0 t Sound Shore Road Both From a point at its intersection with co Pier Avenue in a CO westerly direction to a point 1000'hence Q Sinuggler's Path Both From a point at its intersection with a) Pier Avenue in a E U c6 a-+ Packet.Pd.93`, 9.24:p,. westerly direction to £ its terminus o coco Crow's Nest Drive Both From a.point at its intersection with Q Sea Breeze Drive in a westerly direction to its intersection with Eight Bells Road Q 0 3 M Eight Bells Road Both From a point at its intersection.with Crow's Nest Drive-southerly.to a o point at its intersection with Atwater Street Q.. 0 v r Hornpipe Drive Both From a point at its M intersection with N 0 Sea Breeze Drive in a westerly direction to c its intersection with, d Eight Bells Road L a Nautical Drive Both From a point at its o intersection with w� Sea Breeze Drive in a westerly direction to a its intersection with .0 Eight Bells Road L a Treasure Drive Both From a point at:its a intersection with 0 Park Road in a westerly direction to its intersection with 00 Eight Bells Road coN L Q� Q U C d E t U (0 `.Packet Pg.94' I-A tt Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 28, 2023 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the fo-Ilowirig resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on:November 21, 2023 #22r Resolution # 871—Adopted 11/21/2023 ADOPTS A LOCAL LAW TOAMENDCHAPTER 289OF THERIVERHEAD TOWN CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS" If You have. e any questions, please call Carol Del Vecchio at 631-727-3201 0, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 [C PROlpPRRy R[R.PROO.[SSUM, Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 28, 2023 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 November 21, 2023 Resolution # 870—Adopted 11/21/2023 AUTHORIZES TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING AND LAND DEVELOPMENT, ARTICLE LXIII. PLANNED DEVELOPMENT (PD) ZONING USE DISTRICT 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 Your re onse 0i I tter will acknowledge receipt of the attached resolution adopted by a River a wn Board. Kindly please sign and email back to the Riverhead own C e ilhelm at wilhelm townofrive/rheadn ov. Signature: Date: 4 West Second Street — Riverhead; New York 11901— (631)727-3200 Ext. 260 , !aa H tenYlGnb•�MucRswu Office ofthe Town Clerk. Diane M. Wilhelm, Town Clerk Registrar of Vital.Statistics Records,.Management Officer- Marriage Officer November 15, 2023 Honorable Town Clerk: You*jver erwill acknowledge receipt of ttie:attached.resolution adopted byw ard.. Kindly please sign:and email ack'to the: Riverhead elm.at Wilhelm_ townofriverheadn o . Signature: Dater Regular Town Board Meeting November 15, 20231.11.:30 PM ENCLOSED HEREWITH please find the following:resolution.Which Was adopted by the Riverhead Town Board:at.a.Regular 166 i t.oaW meeting_on;November-1'5,`2023 ##21- Resolution #;846=Adopted.111- 15/2023 ADOPTS,A LOCAL LAW TQ CjVER'IDE THE TAX LEVY. LIMIT ESTABLISHED BY AND SET FORTH IN ARTICLETWO §3-t Of THE.GENERAL MUNICIPAL LAW Sincerely, Diane M. Wilhelm Town Clerk DW:cd 4 West Second Street Riverhead, New York 1.1901-r (631)727-3200 Ext. 260 r, Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Mariagement Officer Marriage Officer November 15, 2023 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 Special Town Board;meeting on November 1.5, 2023 #21 Resolution #846—Adopted 1.1/15/202)3 ADOPTSA LOCAL,LAW TO OVERRIDE THE TAX.LEVYLIMIT ESTABLISHED BY AND SET FORTH IN ARTICLE TWO §3-c.OF THE;GENERAL MUNICIPAL LAW If you have any questions, please call Carol Del Vecchio•at.631-727-3200, Ext 262, or _Diane Wilbelm at 8A ,260 Sincerely, IMeh- Diane -Diane M. Wilhelm: DMW:cd 4 West,Second Street- Riverhead; New York.119011 (631)727-3200 Ext..260. 11.15.2023 ADOPTED TOWN I OF RIVERREAD T113 Resolution 262$-846 ADOPTS A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT;ESTABLISHED BY AND SET FORTH IN ARTICLE TWO $3=C.OF.THE GENERAL MUNICIPAL LAW, Councilman.Hubbard offerod,the following resolution, ,which was seconded by"Councilman Beyrcfdt Jr. WHEREAS;.by,Rqsblqtion 2023-11.6 adopted on October 17, 2023;:the Town: ,Clerk was authori2ed to,publM arjd,post a'owb lid notice to hear all interested persons to consider adopting a Local Law to Override the Tbk Levy Limit-established in General Municipal Law§3=c; and WHEREAS,,a,public hearing was held on:thet P day of November, 2023 at 2:q5 o'clock p.m. at.Riverhead Town Hall, 4 West,Second-Street, Riverhead, 'New York, the r date, tima and place specified in said, public notice, and.all-persons,wishing to be heard were h0a.rd., NOW THEREFORE BEAT'RE'SOLV ED,,that.a.,.Loca I Law to Override thpTax Levy.Limit.esta'blishod'irtO.OnL-rbI Municipal:Law"§3-�c-lt*hot.i�byadopted bs specified ' in the attached notice,of adoption; and.be it further, RESOLVED, that the Town Clerk be and is ffereby authorized to publish -the attached notice ofacloption.once in the News Review,. the-officlal newspaper, and,to post same on,the signboard at Town Hall;:and bei it further; RE80ILVED., that all Town H61.I Departments may rev.iewand obtain a copy of this:resolution from it'needed, a certified.copy of same may be obtained from.the Officb of the Tbwh Qliark.. 'THE VOTE Tim Hubbard W" XP?'U"'Be'rodt Jr' Y, 14V TOWN OF RIVERHEAD NOTICE OF ADOPTION > W _j PLEASE TAKE NOTICE that the Town Board,of the Town of Riverhead adopted Ui a Local Law to, Override the.Tax Levy Limit: established by and set forth' 'in General Municipal Law§3-c at its special meeting held on November 15, 2023.: o The intent of the proposed,legislation is to:allow'the.Town ofRcciVorhead to.0verfide Ui t > the limit on the amount of real prope0y.taxes that may be Ihe levied. Town of Riverhead, 0 .0 Suffolk County, NewYork to General Municipal Laiw§3=c and to allow the Town of RiVerhoad Suffolk County, Now York to adopt opt q town-.budget for town purposes:and any other special,or improvement districts governed.by the town board for the fiscal year 2024 that requires a real property,fax-levy in e'kt-088 of the-"tax Ievy limit" as defined by- General Municipal Law§3-c. 0 _j A copy of the entire text of the:adopted bei reviewed.at the he Office of uQi the Town,Clerk, 4 West Second*Street, Riverhead; Now York 11901, between the`hours �0 of-8,2&&m. and 4:30,p.m., Monday through-Fridayand can be accessed on the Town bf 0 < Riverhead website at: www.townofriverheadny.gov .under the Agenda and Minutes for the November 15, 2023 Special Town boar'dMo, oting, 0? M Dated: Riverhe6d, New York' CD N El November 15, 2028 C-4 0 ,BY ORDER OF7HETOWN,BOARD: OF THE TOWN OF.RIVERHEAD UUi i DIANE M. 1NI.LHELM, TO1NN CLERK Ui :C Ui, tY �Uj 0 0 z 0 0. U_ 0 U1 0 Z E ca t-P 7g�:6: ; A LOCAL LAW TO OVERRIDE THE:TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW§3-c Section 1. Legislative:intent It is the intent of this Local Law to allowthe Town of Riverhead to override the limit on the,amount of real-propertylaxes that may be levied by the Town-of'Ri'verhead, Suffolk County, New York D pursuant to General Municipal Law§3-c and'to allow the ToWp of Riyerheqd,, 5uffQ1XCounty,, New York,to adopt a town budget for town purposes and .any:other y z sb6cial. or improvement districts governed by the town.board for the fiscalye8r 20244hat requires a real propentytax levy. W in excess of the"tax levy limif'.ag defined by General Municipal Law§3-;c. _J The Town of Riverhead is dependent upon the real property tax to fund townt services and the. Town does not have.the authority to raise sales taxes or:income taxes.'The:non-properly tax W revenues, sales!taxes,arid Now York'State Aid to..Mun icipality:(.'Alm")payments are subject to market fluctuations and the ability of feoefdl, state and loc4 governments to share revenue with W the Town of Riverhead. While the Town of Riverhead has a06'significant efforts to reduce ,spending in an effort to avoid piercing-the tax levy limit, the:current increase and the potential: W continuing*increase in costs to:provide towh.serviceg, fund town operations providing fbr-fuoh'er public safety and increases in.the cost of'employee health insurance premiums and retirement: W system plans for 2024 Will likely'requireadoption of a.budget in excess of thelax levy limit. > .0 0 Section 2. Authority This local law adopted:pursuant. eneral Municipal.. . Law§.'3=c(5)W. ...h ich expressly authorizes a local government's governing body tb­6v6rddC--th6fbx!I' !I' lt.by the adoption of a1ocal law approved by a vote of sixty evy in y percent of Town.Board". 0 Section 3.,Tax Levy Limit Override The Town Board of the Town of Riverhead, County of-Suffolk.,is hereby authorized to adopt,a a. budgetfor the fiscal'year2024 that.requires a real property tax levy in excess of the limit established 0 by and.sotJo.rth in General Municipal.Law§3TC. Section 4. SOVergbilify If a court:determines that any,-cIause,.sqntenqe,-paragraph,subdivi '5ion* or part, ,'this:local law CD or the application thereof to any person, firmor tqrpor'at'!Q'n',, or circumstance is ,invalid or 2� unconstitutional,the court's order cfr judgimorits'holl riot:affect,'impair,Or invalidate the remainder (D,* of this local law, but shall be confined in its operation to 11-fe: clause, sentence, paragraph E subdivision,orpart of this local law,orfn:its application to the:person,iridivid'ual,f6trh,-ot.-c6rpbratio'n' > 0, or circumstance, directly Involved in the.controversy in whi*ch such.judgment or order shall be rendered. L) Section-5. Effective date, This local law shall take,eff6dt immediately upon flingmith.the Secretary of State.This Local Law shall:be applicable to only the(01 property tax,levy for the 2.024.budget-year. X.. U. E CU Office of the To Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 6,.2023 Honorable Town Clerk: Your r respthe sp se to is le will acknowledge receipt of the attached resolution . the, adopted by iverhe d T n B �d. Kindly please sigh and email back to the RiverheadT I/Cler ne ilhe at Wilhelm(atownofriverhead ov.a ov. Signature: Date: Regular Tc(wn/Board Meeting October 3, 2023, 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 3, 2023 #20- Resolution # 746--.-Adopted 1'0/3/2023 W ADOPTS A LOCAL LATO AMEND CHAPTER 255 OF THE RIVERHEAD TOWN CODE ENTITLED "PARADES, ASSEMBLIES AND SPECIAL EVENTS Sincerely, Diane M. Wilhelm Town Clerk .DW:cd 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 6, 2023 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 3, 2023 #20- Resolution #746--Adopted 1:0/3/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTE=R 255 OF THE RIVERHEAD TOWN CODE ENTITLED "PARADES, ASSEMBLIES AND SPECIAL EVENTS" 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 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 13.55 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-746 ADOPTS A LOCAL LAW TO AMEND CHAPTER 255 OF THE RIVERHEAD TOWN CODE.ENTITLED "PARADES, ASSEMBLIES AND SPECIAL EVENTS" Councilman Kern 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 to law to amend Chapter 255 of the Riverhead Town Code entitled•"Parades, Assemblies and Special Events"; and WHEREAS, a public hearing was held on the 6th day of September 2023 at 2:05 p.m. at 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 establishment is a,Type II action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 255 of the Riverhead Town Code entitled "Parades, Assemblies and Special Events" 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 Newspaper and to post same on the signboard at Town Hall; and be:it further RESOLVED, 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 ADORTED_;[UN�ANI•M011.S], MQVER; Robert Kern; Coiarrcilmarn" SECONDER: .Tirri-Hubbbtd`°Couricilm;an° :. AYES;. Yvette Aguiar,;Tim iHubbartl, I<ennetfi Rothwell,Rob'ert`Ker`n ABSENTt Frarik:Beyrodt Jr:. Pack..,. -;13:55;a TOWN OF RIVERHEAD ° NOTICE OF ADOPTION 3 PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 255 of the Riverhead Town Code entitled "Parades, Assemblies and Special Events".The intent of the proposed amendment is for various revisions throughout Chapter 255 of o the Riverhead Town Code. ¢ A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street;Riverhead,New York 11901,between the hours of.8:30 a.m. N and 4:30 p.rn„Monday through Friday and can be accessed on the Town of Riverhead website at: v www.townofri,verlieadny.gov under the. Agenda and Minutes for the September 6, 2023 Town Board Meeting. o N a� Dated: Riverhead,New York October 3,2023 u� BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD Q DIANA M.WILHELM,Town Clerk U) c a E w U) �i d u L Q CV W f- Q. a U z 0 a 0 0 LL 0 W U I- O z c m E s U w Q Packet`Pg:292 t .13.55.ti 0 ARTICLE I Parades, aFA Assemblies, and blockap rties [Adopted 7-20-1965 by Ord. No. �3. (Cli: 83 of the 0 1976 Code)] 4- 0 Lo 0 N § 255-1.Purpose. 2 The Town Board of the Town of Riverhead, by this article, seeks to remove the danger to health i; and life caused by the possibility of congestion by parades or assemblies or block parties on the sidewalks,streets,avenues,highways,parkways and other public places in the Town of Riverhead. The Town Board hereby declares that this article shall in no way,interfere with the.right of public ¢ assembly, but is strictly for the purpose of regulating traffic; both vehicular=and pedestrian. ° J ti U § 255-2. Definitions. 0 J For the purpose of this article, the following terms shall have the meanings indicated: PARADE and ASSEMBLY—Anorganizedprocession or:march. BLOCK PARTY—An outdoor festival.held on an outdoor Town street M O N N 41 § 255-3.Permit required. w No parade or assembly or block party shall be permitted upon the sidewalks, streets, avenues, 70- highways, highways,parkways or other public places in the Town of Riverhead unless a Town of Riverhead 0 Police Parade,Assembly, and Block Party permit shall have been.first obtainedfrom the Chief of rn Police of the Town of Riverhead or his designee after application.therefor in writing to said Chief r- of Police or his designee. U) E d en §255-4.Application for permit parades,assemblies,and block parties;issuance or denial. [Added 8-20-1968] A. Application for such permit shall be on the form provided by the Police Department, addressed to the Chief of P.olice.and filed with the office of the Chief of Police and filed at a. Ln least 38 45 days prior to the scheduled event. The application for the permit shall state the N following information: [Amended 6-7-2016 by L.L.No. 18-2016] w ❑. co (1) The name and address of the person or organization sponsoring the event and the ZZ name and address of the person to whom the permit or other correspondence shall be mailed. U �l . P.ackef;Pg.293. 1,3,55.b` (2) The proposed point at which the parade is to assemble, the proposed line of march and the proposed point at which it is to terminate. If there is to be a point at which 0 persons shall assemble for any purpose other than the point of beginning and ending of the march, such point of assembly shall also be designated. NO. (3) The proposed date and,time of the parade or assembly and the number of persons r and vehicles expected to participate. t° N L Q. B. The Chief of Police,upon receipt of an application containing the,information required by _ this section, duly signed by the sponsor, shall issue a permit and mail the same to the address designated for that purpose in the application unless he:fnds that the date, time, route or point of assembly of the proposed.parade or assembly conflicts with the;date,time, Q route or point of assembly of a parade or assembly for which an application has previously been filed,or unless.the proposed parade or assembly unreasonably interferes with the free J flow of commerce or traffic for a.substantial period of time. U O C. If the permit is denied by the Chief, lie shall,state in:writing the ground for his denial and -j give the same forthwith to the applicant and; if possible, suggest alternate dates, times, o routes or places. RT M § 255-5. Display of flag. [Amended 54-1976 by Ord.No. 33; 1-211992] N N All assemblies and parades warranted by law,held in,.any of the streets,roads,avenues,highways, U) parkways or any other public places in the Town of Riverhead where public discussions are Held, may have an American flag conspicuously displayed at,all times during the holding of such w assemblies. Q. c § 255-6. Density-e}tprivate pTspert� d�ed�-4-1-976-by Ord.Ne. 33] Amendments to U) applications .a than per-sons N per-aer-e. d N Any amendment to the application for a parade or assembly permit shall be subject to an amendment fee of$150. Amendments requiring the Town Board to adopt a resolution may include changes to the location, route, parking plan, number of people expected, etc. Amendments to fire LO to safety plans or parking plans at the request of the Town shall.not be considered amendments to the CNI application. Q r U C E U R Q Packet;P,.g.294 9 3:55�b. § 255-7.Penalties for offenses. [Amended 6-7-2016 by L.L.No. 18=2016] a A violation of any of the provisions of this article shall,upon conviction thereof,be punishable by a fine of not less than$250 nor more than$1,000.for each offense or by i ent for-^PeFied o nat exeeeding,30 days, er by. beth sueh fine and zrriFrniviaaiaeaa . O LO N L N ARTICLE II r Special Events[Adopted I1-5.-2003 by L.L.No.23-2003 (Ch. 90 of.the 1976 Code)] � &255-8.Purpose and Intent: E The.purpose and intent of this article relating to Special Events is to support.the Town-wide goal. of maximizing the economic impact of the Town of Riverhead'by providing for special events with the intention of supporting economic development and cultural tourism through opportunities to generate.foot-traffic and attract tourists arid12atrons. .Special events can further the concept of 0 "Creative Placemaking and demonstrate support:of collateral initiatives that will make the town: o more vibrant" and the perception of Riverhead as a.destination.rather than a Town to pass-by or Q through. 255 8 255-9. Definitions. M N O Unless otherwise expressly stated,the following terms shall,for the purposes of this article.,.have `✓ the meanings set forth below: AMBULANCE CHIEF—The Chief of the Riverhead Volunteer Ambulance Corps. L CHARITABLE ORGANIZATION—An organization as defined.in New York State Executive U Law§ 171-a,including but not limited to not-for-profit corporations. Such charitable organizations cn shall be recognized as exempt from federal taxation.under.Internal Revenue Code § 501 (c) and, Ca shall be duly registered with the Charities Bureau of:the Attorney General of the State of New York, if required.[Added 12-1.8-2018 by L.L. No. 25-201.8; amended:2-20-2019 by L.L. No. 5- 2019; 10-2-2019 by L.L, No. 25-2019] E N CHIEF OF POLICE—The Chief of Police of the Town of Riverhead. ¢ FIRE CHIEF—The Fire Chief of the fire district in which the planned event shall be located. coL FIRE MARSHAL—The Fire Marshal of the Town of Riverhead: °- _ u, FOOD VENDOR — Each food or beverage vendor that .the organizer plans to have at their event.[Added 12-18-2018 by L.L.No. 25-2018] PERSON—Any individual,firm,partnership, association,corporation,company or organization U of any kind, including a charitable, religious,membership, hospital or not- for=profit corporation. >_ s U Ca Packet Vg.295 •1.I55.b SPECIAL EVENT—Any form of entertainment,eight weeks duration or less, open to the public with or without an admission fee and held on a one-time or occasional,basis, which may include 0 but not be limited to, for example, carnivals, circuses, fairs, bazaars and outdoor shows, horse shows or exhibitions, concerts, read fallies aad parades. A special event will not include any activity conducted at a permanent facility which has a valid use permit covering such activity. A special event shall not include any activity having fewer than 100 attendees/spectators at the event. o A special event shall not include the use of public space by governmental agencies acting within M the scope of their authority or authorized uses in the public space permitted by other chapters of this Code. n speeial event with fi. th inn +��,ao �i� + + ei - _ •, _. "npe4wua o�iull u apply f t a Q- R Qhaptev 23 L U ,. i• [Amended 6-7-2016 by L.L. No. 18-2016; 12-18-20.18 by L.L. No. 25-2018] E Q A. A special event pursuant to this article includes, but is not limited to, a temporary and ° exclusive use by any person of any of the following,events or combination thereof with an : maximum expected attendance of 100 persons or more at'any one time: [Amended 6-7- � 2016 by L.L.No. 18-2016] 0 (1) Use of amusement devices; o a (2) Carnivals or circuses,including any exhibition involving amusement attractions orLO rides, spectacles, animals, side shows,gamesand the like; M (3) Use of inflatable,devices in excess of four feet in diameter"including any hot'air o balloons or any other inflatable objects; N (4) Noise disturbances as defined.and regulated.under Chapter 251,Article I,Noise,of this Code,including activities for.which.a variance has been granted; 'L -(6)M Racing or athletic competitions and uses, including motor vehicle racing or running marathons, cross-country, bicycle, moped, skateboards, rollerblades, or any other U) contest or exhibition that is competitively timed or speed related; CU U) (7)L6 °Sales of alcohol bevera includin an activit re uirin a s ecial desi nated � permit or-other perinit under the New York State Liquor Authority; E N (8)M Sales of goods and merchandise, including food, clothing, supplies, equipment; C concessions, souvenirs,balloons, candy,jewelry or any other similar items offered CD for sale; (9) Use of powered equipment requiring connection to "public power supplies or °; separate generator-or power supply equipment,including: N v (a) Heating, cooling;refrigerating or cooking devices; Ca (b) Sound amplification,public address,loudspeaker,audio,video or television systems: P r U RS Q Packet`Pg:,296._ B. speeial event shall not inelude the use of publie spaee by goveffiRiefitalbefleies �} O aetino within the e of their or ized s in the aGe U pefmitted by other-ehapters of this Code. O SPECIAL EVENT PERMIT—A permit for a special event issued under this chapter. [Added 12-18-2018 by L.L.No. 25-2018] o tn TOWN—The Town of Riverhead. N a� TOWN CLERK—The Town Clerk of the Town of Riverhead. s U C §-255 9 255-10. Permit required; application. [Amended 12-18-2018 by L.L. No. 25-2018; 10-2- E 2019 by L.L.No. 25-2019] o A. Written.permit required. Special event permit application. (1) Special event small gathering. Where 100 to 1,000 attendees are expected at the o event peF ealendar- '^• at any one time, no person:shall use, allow, let or permit property to be used for a special event unless a special-event permit has been issued a by the Town.Board of.the Town of Riverhead. Q (2) Special event large gathering. Where 1,001 to 4,000 attendees are expected at the event per calendar day at any one time, no person shall. use, allow, let or permit N ^^eoy to be usp a special,event unless a special event permit has been issued N by the Town Board of the Town of Riverhead. r Q) (3) Special event 4-arge massiivegathering.Where 4,00.1 or more attendees are expected w at the event per ealenr-clay at any one time, no person shall use, allow, let or permit property to be used for a special event unless a special event permit has been Q issued by the Town Boardof the Town of Riverhead. c m N N B. Required filing date. Application for such permit shall bel on the form provided by the Town Clerk, shall contain all of the required information and material, addressed to the. n Town Board and filed with the office of the Town Clerk in accordance with the below Q filing dates based on the type of special event: a, (1) An application for a special event small gathering shall be filed at least 98 60 a calendar days prior to the commencement date of the special event small.gathering. Ln N (2) An application for a special event large gathering shall be filed at least 4-29 90 r calendar days prior to the commencement date of the special event large gathering. L U (3) An.application for a special event Hiassive mass gathering shall be filed at least 180 c calendar days prior to the cornmencement date of the special event massive gathering. d Packet;Pg 297 C. Information and material to be submitted with a completed special event application.Such application shall include the following written material: 0 C (1) The name and address of the applicant; if the applicant is a corporation,the name o of the corporation and the names and addresses of the president of the corporation; the proposedspecial event:address; the name and.address of the record owner.of the subject property or properties.and the nature and interest of the applicant in the property;proposed use of Town or other publicly owned properties if applicable. N 0 (2) Proposed dates and hours of the special event,including setup and shutdown,times; expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators; _ the expected number of automobiles and other vehicles intended to use the property at one time and collectively;if arethere r^'^,the^ xi mate;luffib brand types 0 animals,ef the name, address and b CU J wastes; the puEpose of the,e�vent, b iti detail the nature of the ties V O be eaffied en and the admissien fee to be b , and the b J izationsw fl b r-Beeeds of theQ e < Q (3) A public safety plan and drawing,drawn to scale,showing the size of the property; the zoning district in which it is located; the streets or highways abutting said N property; the size and location of any existing building, buildings or structures or N of any proposed building, buildings or structures;the type and location of all signs U) to be erected for the temporary event; the location .of the stage or tents, if any, d proposed to be erected; the designated areas of use for spectators,; exhibitors, w vendors, employees, and organizers;the location of all exits;the locationof all.fire extinguishers and other file safety equipment; a plan demonstrating that the.event shall be handicapped accessible to the extent practical, including handicapped accessibility for restroom facilities and adequate handicapped parking: and the 0 location of all temporary utilities to be installed for the event: °' .a The Town Board may require the applicant to contract for its own medical and/or N ambulance services. N CTJ -p t6 (-S)M A certification by the applicant that all other applicable government approval as a may be required, including but not limited to approvals/pennits from the Suffolk 04 County Department of Health Services, the New York,State Department of Health and the New York State Liquor Authority, shall be obtained prior to commencement of the event. o U (6)M A plan and drawing showing the layout of any parking area for automobiles and C: other vehicles and the means of ingress and egress to such parking. area. &ieh E U M 311 'Q Packet"Pg.298 13.55.b " pArking area "b r �'rizo vcrapvrsvaa.a in utavaaduiaee .a and shall be in aceor-danee with the FiFe MaFshal's sethaek guidelines. U tr (-7-)f Provisions to dispose of any garbage, trash, rubbish or other refuse, subject to 0 approval by the Town of Riverhead and Suffolk County Department of Health Services. (7) The name, address and telephone number of the person(s)who will be engaged in o En the sale of beer or alcohol; New York State Liquor Authority approval to be delivered to the Town Clerk's office prior to the commencement of service. CL (1)M The use of loudspeakers, horns, or other sound,amplification device must comply CU with Chapter 251 of this Town Code of the Town of Riverhead. 0 O-O)fD A plan for the use of lighting, if any, and the type and location of such equipment. Q " The name and address of the security company, if any, which will work on the ° 1.0 premises,and a description of the duties to be performed,subject to the approval of the Chief of Police. 0 " _J wate supply for-fire eentr-el,subjeet to appreval of the a . o Q. to d .li.ant to e „tkaet f,.As own e io l .,,,,174nbul>nee s M N O �1�\ eatZedevenbe. or-b N 1 'J .}r yb qetivifies felated taC Qf the event, subjeet to . .,1 by the Ghie:_of D.,lir.,..:id Fire Ma--sh l > • W \"'/ t Clor-tentsb housing � •� to Ibe-available, , and a.plaq shovyifig the i„terideo ,,,,mheF and leeation Of cn them, C W N the Fife Cede of New Ye-k State � E ( 11 If any type of banner is to be displayed adjacent to.a Town, county or state road, N the applicant shall include the size of the banner, location of the banner and the ¢ dates that it will be displayed_ eounty and state ageneies prior to the dis of the ba...-. caR (W) UA plan describing the rehabilitation of the event site 'to its original condition; LO including but not limited to rubbish and trash removal, removal of all temporary L structures and restoration of all landscaping and other public property to a condition Q comparable to that prior to the event. U (13)Proof or certification of 501(c)(3)status for not-for-profit applicants (L 14 Rejection by the Town Clerk. The Town Clerk shall have the authority to reject any application that the Town Clerk finds incomplete. .lf a certificate of insurance a •Packet Pg,299 13.55.b is not received 39 15 days prior- to the commencement of the event, then the (D application shall be deemed incomplete and will result in the denial of the U application. 0 i✓ s F^ § ' C�255-11. Conditions for granting permit. o A. Prior to the issuance of a permit,the permittee applicant and/or lessee furnish the Town C14 L with written authorization to permit the Town or its lawful Agents to enter the subject Q property for the purpose of conducting an initial site inspection and a pre-event inspection for the protection of health, safety and welfare of citizens of the Town of Rivprhead. c B. The applicant shall file with the Town Board before obtaining such license.a certificate of E public liability insurance covering the applicant and the Town of.Riverhead for personal o injuries, comprehensive general liability in an amount satisfactory to the Town Attorney, tivhich policy shall name the Town as an additional insured and shall be non- cancellable without. 30 .15 days prior written notice to the Town. Said insurance policy shall be o approved as to form, sufficiency and limits of coverage by the Town Attorney. [Amended J 3-20-2018 by L.L.No. 4-2018; 12-18-2018 by L.L.No.25-2018] o O (1) .. . , ti in a femi appi:eved by the Town M , upwj applieatien leN ilio Teyyn Gle-,. In a4yease—, The certificate of public liability insurance inust be N filed with the Town.Cleric no less than 30 15.days prior to the date of the event. c m o•-ti fie to of:,ublie liability . Failure to submit a certificate of liability w insurance within the time prescribed shall result in the.cancellation of the event.. n. C. Cost reimbursement: Where the expected number of persons or the duration of the special event may itripact.the health,safety and welfare,as a condition of the granting ofthe:special ca event or parade permit,the Town Board may require the permittee to reimburse the Town Q) for costs of increased police protection and ambulance and/or other Town services as may 0 be deemed necessary by the Town Board to adequately and safely control and protect the N persons attending the event,the event area and traffic in and around the area of the event. d In no event, however,, will the Town be obligated. to provide police protection and ambulance or other Town services. Costs for such police protection and ambulance and/or L other services provided by Town employees in processing the permit application shall n include those over and above routine staffing, including costs for overtime and for the LO hiring of special police officers and/or emergency medical services personnel. The estimated costs for services shall be provided to the applicant and the Town Board by CU written report from the Chief of Police, Ambulance Chief, Fire Marshal or other Town department head prior to the issuance of the permit. Based on the number of people, date c of the event, the tune of the event and the location of the event, the applicant may be required to reimburse the Town for the cost of police to ensure public health and safety �t Packet,Pg.500 ;13.55.b through the smooth flow of traffic in and around the area of the event. The applicant may be required to pay these fees prior to the event, but all fees shall be due and payable within 10 days of the rendering of an invoice for said expenses by the Town of.Riverhead This section shall not apply to any special event that is Held on public property and is open to r°. the public and is free of charge. [Amended 8-5-2008 by L.L.No. 27-2008; '12-1.8-2018 by r L.L.No. 25-2018] ,o LO D. The Town Board.may require the applicant to provide a letter of credit, bond or other CN: L suitable security instrument to secure compliance with conditions in the permit for an event to be conducted on Town property and to insure adequate cleanup of the,property after the event. The Town Board shall set the amount by resolution, and no permit shall be-issued until the security has been provided to the Town Clerk Iftheapplicant fails to honor the permit conditions or does not clear the property of debris within seven,days of mailing of Q written.notice by return-receipt-requested mail, the Town may use such portion of the security as is required to remedy the situation. [Amended 12-1.8-2018 by-L.L.No..25-2018]; � J E. The Special Permit or authorizing resolution of the Town Board shall be available on premises during the event such that same may be reviewed.The special event„e,.,,.,;*issued -J 4-, hereunder-shall be displayed on the pi:emises Q b ,. p �93f inspoGtion by a police officer or other enforcement offices'of the Town of Riverhead as Q needed. (o F: Notification of adjoining property owners in residential.zoning districts. Upon ,filing an N applicationfor a special event, if the property which is the subject .of the application is within a residential zoning district, the Chief Fire Marshal may require the applicant to mail, by certified mail, return receipt requested, written notice that a special event application has been filed with the Town,to every property owner,as shown.on the current w Town of Riverhead assessment rolls,of parcels abutting and directly opposi.te.(by:extension of lot lines through a street or right-of way) the property which is the subject of the application. Said notice shall include the date, time and location of the proposed special $ event, and proof of mailing shall may be submitted to the Chief Fire Marshal in the form W W of A-; ^lffl.dav t a form acceptable to the Chief Fire.Marshal, with postal receipts annexed, 2, in.order to constitute a complete application. [Amended 12-18-2018 by L.L.'No. 25-2018. N N Q N § `1S�255-•12. Review of application; approval or denial of permit. A. All applications for a permit shall be reviewed by the Town Board,Town Attorney, ChiefOL of Police, Town Planning Department and Fire Marshal. The Town Attorney, Planning ,Lin Department, Chief of Police and Fire Marshal shall submit a written report to the Town N Board explaining any issues and/ or concerns that must be addressed concerning the CU application. The Fire Marshal shall obtain such further reports from local public safety organizations, including ambulance and fire districts; as appropriate. The.Chief of Police shall also provide a written estimate of additional policeservices that shall be necessary to adequately protect the public during the event. The Town Board may also request an Padket,,Pg.301 13:55.b advisory report from the Planning Board and from any other advisory board whose expertise and evaluation maybe appropriate. [Amended 10-2-20.19 by L.L.No.25-2019] 0 c B. Upon, review, the Planning Department may require the applicant to submit an o environmental assessment form to aid the Planning Department in assessing and making s recommendations as to environmental impacts of the proposed event. �— 0 BC. In determining,whether to approve ^r deny an application shall be approved, the Town 110 Board shall may consider the information provided in the application, recommendations. by relevant Town Departments, any environmental analysis required by the Planning. Department and such other information as may be available, including but not limited to: [Amended,12-18-2018 by L.L.No. 25-2018; 10-2-2019 by L.L.No. 25-2019] The enN + i +studyE ., 0 (-2)LD Impact of the event on the safe and orderly movement: of traffic within and contiguous to the event. —`1 (3.)M Needfor the Town to police such event,and whether the numbers of police officers 0 assigned to properly police such event will prevent. the Tow_ n from providing adequate police.protection to the remainder of the Town. Q (4)M _Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. CO N (5)M Impact of the event on the movement of firefighting equipment or ambulance PIL service to areas contiguous to the event. c m { � Impact of the event on the general health, safety and, welfare of the Town as w' identified through the state environmental quality review pursuant to the New York State Code of Rules and Regulations Part 617. a cn RL6) Outstanding court violations.on related to the property at which the event will be, _ held or any outstanding or unsatisfied conditions of a Town agency approval, y including but.not limited to those of the Planning Board or the Zoning Board of Appeals. E N (4)M. Verification that the information contained in the application is met found to be false or nonexistent in any material.detail. m (9)M Verification that the grant of the pen-nit would not violate any existing covenants' o on the property. LO LO N 49)(9)If one or more events are scheduled for the same date and time of each other,the Town Board will detennine if there are adequate resources for all these events..If there are not sufficient resources to ensure public health and safety,the Town Board shall.deny one or more permits if the impacts of the events cannot be mitigated. c When deciding which event to deny,the.Town Board shall consider the following: E s U (a) Whether the event is recurring. a Packet.' 302 ° 13;55.b (b) Whether this recurring event has been subject to a violation within the last three years. U (c) The date the perinit application was submitted to the Town Clerk, o a� (d) If events occurred the prior calendar year, the Town Board shall consider What their impact was on that area of the Town. o LO L fl1 4.2 a special event pennit that wus held the (1�lif an appheant is requesting � ' L U 8pplioation. c a� { 10Possible conflicts with other events and seasonal demands which may overtax or d cause"undue burden on Town services for parades and special events. 1 G.D. If permission to hold a special event is granted, the permit may set forth.the maximum 0 number of persons pennitted to attend the event. The Town Board, in determining the Q maximum limit, shall take into consideration the capacity of the site, the facilities to be available and the availability of public highway and other means of transportation to and from the site. ti M D.E. A special event permit is not transferable and shall expire at the close of the event for which C) it is issued, 4141 1✓.F. Privilege. The granting of a special event Sade permit is a privilege and not a right and may be denied the event the applicant fails to comply with an application provision of w Y PP P Y Y_ PP P � the chapter or for any other reason not prohibited by law.[Added 12-18-2018 by L1.No. 25-2018] c m 0) §255-1 .255-13. Application fees. E- A. The application for a permit shall be accompanied by a non-refundable application fee N and/or late application fee in the amount established by resolution of the Town Board of Q the Town of Riverhead as required by § 255 9A. [Amended 1.2-18-2018.by L.L. No. 25- 20"18] Cu Q B. The application fora permit shall be accompanied by the appropriate application fee unless EO waived at the discretion of the Town Board at the time of filing the application,Application N .fees shall be collected by the Town Clerk. r C. Late applications shall incur a fee. Applications_beyond the submission deadline will be accepted as set forth in§255-913.Any special event r°„^"bathe..•,g applications submitted within 45, days of the proposed eemmeneeinent of the event will be denied.- after the required.f ling date will incur a fee as per the special event fee schedule established by m "Packet Pg.303 13.55:b : resolution of the Town Board. Any small special event application is permitted to be submitted a.maximum.of 5 calendar days past the submission deadline. Any large special event application of mass special event application are permitted to be submitted a maximum of 15 calendar days past the submission deadline. All untimely applications. 0 submitted shall be subi"ect to a late fee. special event large gathedifig applieations s subfflitted jA4thin 60 days of the propesed eetwneneemertt of the event Will be denied.Any 4- 0 speeial event massive bapplioations submitted within 1.20 days.efto not of the n .,will be den-i l N . [Added 12-18-2018 by L.L.No. 25-2018; 10- � 2-2019 by L.L.No. 25-2019] s D. Any amendment to the application for a parade or special event wig may be subject to an � administrative:afneiidment fee of$150. Amendments requiring a resolution may include. changes to the location,route,parking plan,number of people expected;etc.Amendments E to fire" safety plans or parking plans and the like at the request of the Town are not o' considered amendments to the application. [Added 1.2-18-2018 by L:L.No. 25-2018; 10- 3: 2-2019 by L".L.No, 25-2019] U O J w iZ §Vii-255=14.Modification or rescission ofpernnit. If, after•a.permit is issued,.the Town Board determines that any of the .representations and/or statements:contained in"the application are materially inaccurate or any of the conditions of the M permit have not been,coniplied,with, the Town"Board may serve the permittee's agent a notice of o rescission of special permit specifying the manner in which the permitted has not complied"with the terms of"its,Hermit and/or identifying the incorrect information supplied in,the application.The Town.Board,may for.good cause modify or rescind such permit, absolutely or upon conditions. > W U N Q §255 14 255-15. Other approvals. The provisions of this. article are not exclusive, and. an applicant .remains subject to all other N applicable government; permits and approvals as may be required, including but not limited to approvals/permits from the Suffolk County Department of Health Services, the New Yoik"State" E Department of Health and approvals/permits for tents,fireworks and any further"permit(s)as may be required for animal shows, carnivals, circuses and similar events. N R §.255 15 255-.16. Alcoholic beverages. [Amended 12-18-2018 by L.L. No. 25-2018] to LO N If providing alcohol at an event, a Liquor Liability Insurance Policy naming the Town as an additional insured, primary, non-contributory by separate endorsement, in the .amount of $2.000.000.00 General Aggregate and $2.000.000.00 Each Occurrence will be required.. The applicant remains subject to,the provisions of Chapter 205 of the"Code of the Town of Riverhead, except upon waiver granted by the Town Board. Applicants pining to providing alcohol must E receive necessary permits from the New York State Liquor Authority andprovide copies of same PaWt"O 30d to the Town Cleric prior to the event,together with the name and contact information for the entity a) supplying alcohol service. v c 3 0 §255 16 255-17.Persons prohibited from attending. h It shall be unlawful for theowner, proprietor, manager or person in charge of any place licensedLO 0 LO under the provisions of this article, or for any employee of said place,to harbor, admit, receive or L permit tobe or remain in and about any such place any lewd or dissolute person, any drunken or Q unruly person,or any person whose conduct tends in anyway to corrupt the public morals:or create CO a public safety hazard. C) d i= 255--17 25548. Prohibited conduct. A. It shall be unlawful for any person to conduct himself in an unruly manner or to use any _j profane, obscene or indecent language in or about any place licensed under_the.provisions, o of this article. —' Q B. Attendance at a special event in excess of.the attendance allowed pursuant to the perunit shall be prohibited. Applicants allowing excess attendance which requires unanticipated, co police, Fire Marshal, fire protection, ambulance and/or EMS services shall be responsible h to;reimburse the publicsafety agency for services and fees incurred. N 0 N to G 25,, 18 255-19. Prohibited exhibitions and sales. w A. It shall be unlawful to give or permit the giving of any entertainment or exhibition of a U lewd, suggestive, vulgar .or immoral type or to use therein any indecent or obscene Q language or to behave in any manner tending to corrupt the public morals. � c B. It shall be unlawful to sell or permit the selling of any merchandise of a lewd, suggestive, N vulgar or immoral type that in any manner tends to corrupt the public morals: E m N N § 7C�255-20. Hours. V; v A. No exhibition,performance for hire,carnival, carrousel,bazaar,open-air show or place of amusement shall be open to.any child under the age of 17 years between the hours of 10:00 Q- p.m:and 9:00 a.m. of the succeeding day unless accompanied by his parents or a person N over 21 years of age. CO 0_ B. No exhibition, performance for hire, carnival, circus, carrousel, bazaar, open-air show or U place of amusement shall be open any day between the hours of 12:0.1 a.m. and 9:00 a:uii., ; unless this provision is expressly waived by the Town Board in the special event permit. a) U R d Packet Pg:305 §X5-20 255-21.. Penalties for offenses. [Amended 12-18-2018 by L.L. No. 25-2018; 10-2-2019 by L.L.No.25-2019] c0 C: A violation of any of the provisions of this article, or violation of anv of the terms and conditions o of a permit issuedunder this article, shall, upon conviction thereof,be punishable by a fine of not . less than $25.0 nor more than $1,000 for each offense_ * f r a .;erdin_a. RA-t � 4- 0 exeeedinc 30 th , in. additien te any fines kupes LO her:Failure:to obtain a.special event permit, as defined herein, shall be an offense, and the N ,fine shall be the applicable special event application fee, plus an amount not less than $250 nor Q more than$1;000.Each day that such event occurs,is conducted,or otherwise takes place without c a special event permit having-been issued shall be considered a separate offense: c a) E Q 0 J Th R U O adeption efthe lae-al law(1 .16:Ne. 25 �8)adopted en Deeembef 18, 9!S-shall be plaG4 in -� Y. qH#,a5 puch,6L..Ne6 25,2018 sh4l! take effect en Pee��mbef .4 8, 2019. T-11is affilefl.dalent 0 CO CV C N.. V) C m LU l4 U a) LZ. C W v E a) !A N LOQ` a) L n: LO N L a Y U •e C E r U f0 Q Packet-Pg:306 {Atli MOvfifi jRwU(,iMfUU !1 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 19, 2023 RECEIVED Suffolk,County Planning Department L.I. State Park Commission OCT 19 202-3 Town of Southold Town of Southampton Southold Town Clerk 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 17, 2023 Resolution ion #776—Adopted 10/1.7/202.3 AUTHORIZES TOWN CLERKTO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER ADOPTING:A LOCAL LAW TO-OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND:SET FORTH IN ARTICLE TWO SECTION 3-C OF THE GENERAL MUNICIPAL LAW& TO CONSIDER ADOPTION OF THE 2024 PRELIMINARY BUDGET FOR 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 Your respo e to his le I cknowledge receipt of the attached resolution adopted by the R' erh To o d. Kindly please sign and email back to the Riverhead Tow C er is ilh m at wilhelm(cDtownofriverheadny.00v. Signature: — Date: . 10// �� 3 4 West Second Street— Riverhead, New York 11901—(631)727-3200 Ext. 260 9.2.21 10.17.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-776 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER ADOPTING A LOCAL LAW TO OVERRIDE.THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN ARTICLE TWO SECTION 3-C OF THE GENERAL MUNICIPAL.LAW&TO CONSIDER ADOPTION OF THE 2024 PRELIMINARY BUDGET FOR THE TOWN OF RIVERHEAD Councilman Rothwell offered the following'resolution, Which was seconded by Councilman Hubbard WHEREAS; on June 24,2011,the New York State Legislature enacted Chapter 97 of the New York State Laws of 2011, hereinafter referred to as"General Municipal Law Article Two §3-c"or simply'General Municipal Law§3-c; and WHEREAS, General Municipal Law§3-c expressly authorizes local governments, such as the Town of Riverhead,to override the tax levy limit by the adoption of a local law approved by_a vote of at least sixty percent(60%)of the total voting power of the Town Board for the Town of Riverhead;and WHEREAS; at the request of the Town Board,the Office of the Town Attorney prepared a Local Law to Override the Tax Levy Limit established in General Municipal.Law § 3-c for the budget year 2024. NOW,THEREFORE, BE:IT RESOLVED,that the Town Clerk be and is hereby authorized to publish the attached public notice to consider adopting a Local Law to Override the Tax Levy Limit established in General Municipal Law§3-c for the 2024 Budget Year once in the October 26,2023 issue of the News_Review,the newspaper hereby designated as the official newspaper for.this purpose,and post same on the sign board 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 RESl7LT ADOP]'ED,[.IJNANIM.OaJS]' MOVEjR Kennett :RothWbli; Councilman SECONDER: Titim;Hubfjard; Councilman Yvette Aguiar.Tim Hubbard;;Fratik:;B;eyrodt J.r;; Kerineth "Rothwell" ABSENT:.; " Robert Kern,. Packet Rg::83 • F 1221:_ TOWN OF RIVERHEAD �. PUBLIC NOTICE J X PLEASE TAKE NOTICE.that a public hearing will be held before the Town Board of the < Town of Riverhead,at Riverhead Town Hall,4 West Second Street, Riverhead, New York, w on the 9't'day of November, 2023 at 2:05 o'clock p.m. to consider adoption of the 2024 Preliminary Budget for the Town of Riverhead & a Local Law to Override the Tax W Levy Limit established by and set forth in General Municipal Law§3-c as follows: o 0 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY w AND SET FORTH INJGENERAL MUNICIPAL LAW§3-c ��— o_ z Section 1. Legislative Intent It is the'intent of this Local Law to allow the Town of.Riverhead to override the limit on the m amount of real property taxes that may be levied by the Town. of Riverhead, Suffolk, a County„ New York pursuant to General Municipal Law § 3=c and to allow the Town.of a Riverhead, Suffolk County, New York to adopt a town budget;for town purposes and any . other special or improvement districtsgoverned by the town board for the fiscal year 2024 °- that requires a real property tax levy in excess of the"tax levy limit"as defined by General Municipal Law§3-c. UJ J The Town of Riverhead is dependent upon the real property tax to fund town services and z the Town does not have the authority to raise sales ,taxes or income taxes. The. non- 3: property tax revenues, sales taxes and New York State Aid to Municipality ("AIM"..) payments are subject to market fluctuations and the ability of federal, state and local w governments to share revenue with the Town of Riverhead.While the Town of Riverhead a has made significant efforts to reduce spending in an effort to.avoid piercing the tax levy i limit, the current increase and the potential continuing increase in costs to provide town j services, fund town operations providing for further public safety and increases in the cost Q of employee.health.insurance premiums and retirement system plans for 2024 will likely to require adoption of a budget in excess of the tax levy limit. M N O Section.2. Authority N This local law adopted pursuant General. Municipal Law § 3-c (5) which expressly authorizes a local government's governing body to override the tax levy limit by the adoption of a,local law.approved by a vote of sixty percent(6Q%).of the Town Board. o CL Cz Section 3.Tax Levy Limit Override The Town Board of the Town of Riverhead,County of Suffolk,is hereby authorized to adopt Ica a budget for the fiscal year 2024 that requires a real property tax levy in excess of the limit o established by and set forth in General Municipal Law§3-c. 0 Section 4. Severability z, If a court determines that any clause,sentence, paragraph,subdivision,or part of this local law or:the application thereof to any person, firm or corporation, or circumstance is invalid a or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph,subdivision,or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. 77 a Section 5. Effective date Packet Pg:85.: • i 12.21:a. This local law shall take effect immediately upon filing with the Secretary of State. This Local Law shall be applicable to only the real property tax levy for the 2024 budget year. w J X Dated: Riverhead,New York, Q October 17,2023 0 BYORDEROFTHETOWNBOARDOFTHETOVVNOFRNERI-SAD w O DVMEMVAJ-EWTCIM\IC H;K o. I LU U F ;O z U J [0 a Q o: Cd IL O W U z O I— w N_ O S F- M a ifl ti ti M N O tV N L CL f6 U X �v L O N- U O z U_ A a c m E U CU Q Packet- Pg 86 F7,12'.V. 21:b`:.. A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY AND SET FORTH IN GENERAL MUNICIPAL LAW§3-c N Section 1. Legislative Intent W It is the intent of this Local Law to allow the Town of Riverhead to override the limit on the amount a of real property taxes that may be levied by the Town of Riverhead,,Suffolk County, New York r- pursuant to General Municipal Law § 3-c and to allow the Town of Riverhead, Suffolk County, o New York to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2024 that requires a real property tax_levy LU in excess of the"tax levy limit"as defined by General Municipal Law§3-c. o 0 The Town of Riverhead is.dependent upon the real property tax-to.fund townservices and the W Town does not have the authority to raise sales taxes or income taxes. The:non-property tax I— revenues,,sales taxes and New York State Aid to Municipality (".AIM") payments are subject to market fluctuations and the.ability of federal, state and local governments to share revenue:with the Town of Riverhead. While the Town of Riverhead has made significant efforts to reduce co spending,in an effort to,avoid piercing the,tax levy limit, the current increase and the potential, a continuing increase in costs to provide town services, fund town:operations providing.for further a a public safety and increases in the cost of employee health insurance premiums and retirement a system.plans.for 2024 will likely require adoption of a budget in excess of the tax levy limit. o: F. x Section.2. Authority w This local law adopted pursuant General Municipal Law§ 3-c(5)which expressly authorizes:a local government's:governing body to override the tax levy limit by the adoption of a local law z approved by a vote.of sixty percent(6.0%)of the Town Board. o U) Section 3.Tax Levy Limit Override N The Town Board of the Town of Riverhead, County of Suffolk, is hereby authorized,to adopt a W: budget for the fiscal year 2024. that requires a real property tax levy in excess of the limit established z. by and set forth in General Municipal Law§3-c. Section 4. Severability ti If a court.determines that any clause, sentence, paragraph, subdivision, or part of,this local law' N or the application thereof to any person, firm or corporation, or circumstance is invalid or., N unconstitutional,the court's order or judgment shall not affect, impair,or invalidate the remainderof this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,or part of this local law or in its application to the person,individual,form or corporation W or circumstance; directly involved in the controversy in which such judgment or order shall be o rendered. U X Section 5'. Effective date h This local law shall take effect immediately upon filing with the Secretary of State.This Local Law o shall be applicable to only the real property tax levy for the 2024 budget year. U_ i r N L U R w Packet Pg::87 ,. fes• ! ._.- B 1 : j f y `•� 4. %�tl tRGyrytrii N�if�>w. J R j Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management.Officer Marriage Officer October 6, 2023 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 3, 2023 Resolution # 690—Adopted 10/3/2023 RATIFIES AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW IMPOSING A THREE (3):MONTH MORATORIUM ON THE DEVELOPMENT OF TIER II BATTERY EN.ERGY_STORAGE SYSTEMS WITHIN THE TOWN OF RIVERHEAD If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 2.62, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd Your r pon a to t is letter will acknowledge receipt of the attached resolution adopted by t e Riv r ea Town Board. Kindly please sign and email back to the Riverhead T w I k, i e Wilhelm at wiIhelm(a)townofriverheadn o . Signature: Date: � �% 4 West Second Street—Riverlhead, New York 11901 (631)727-3200 Ext. 260 ` 10:2.. . 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-690 RATIFIES THE AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW IMPOSING A THREE (3) MONTH MORATORIUM ON THE DEVELOPMENT OF TIER II BATTERY ENERGY STORAGE SYSTEMS WITHIN THE TOWN OF RIVERHEAD Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, as discussed in the Legislative Intent of Local Law 11 of 2023 _ (adopted via Town Board Resolution 2023-275), The Battery Energy Storage System Law was adopted to advance and protect the public,health, safety, welfare, and quality of life of the Town of Riverhead by creating regulations for the installation and use of battery energy storage systems, with the following objectives: To provide a regulatory scheme for the designation of properties suitable for"the location,.construction and operation of battery energy storage systems; To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; and.to mitigate the impacts.'of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and WHEREAS, recently, there has been a significant,arnount of public concern regarding the potentially volatile nature of lithium=ion batteries and the fear that operation of this type of land use will pose a threat to the health., safety and welfare of the public including,the impact upon the surrounding roadways, infrastructure, and-the orderly evacuation of improved areas if necessary; and WHEREAS,On or about July 28, 2023 the Governor of the State of New York announced the creation of a new Inter-Agency Fire Safety Working Group.to.ensure the safety and security of energy storage systems across the state following fire incidents at Battery Energy Storage Facilities in.Jefferson, Orange, and Suffolk Counties; and WHEREAS, On or about August 28, 2023 the Riverhead Fire District Board of Fire Commissioners requested the imposition of a moratorium on Battery Energy Storage Systems (BESS) within the Town of Riverhead related to fire safety concerns; the safety of Riverhead volunteer firefighters; impacts on water supply; as well as associated impacts of BESS facilities on waterbodies. The Riverhead Fire District further advised that further time is necessary to understand the complexity of the stated issue and ensure that the Riverhead Fire Department and neighboring departments have sufficient time and resources to train its membership in conjunction with the Findings of the Governor's Fire Safety Working Group; and WHEREAS, the Town,seeks to fulfill its obligation and assert the authority vested to the Town granted and set forth under Home Rule Law and such other provisions of law, to analyze impacts and potential liabilities, determine an appropriate regulatory Packet'Pg.'25 framework for this use, including analyzing impacts and secondary impacts and mitigation of said impacts to ensure that locations and operations of Tier II Battery Energy Storage Systems are appropriate within the Town or a particularly zoning district within the Town; evaluate and determine consistency with the.Comprehensive Plan adopted by the Town; and WHEREAS, the Town Board of the Town of Riverhead recognizes additional time is needed to re-evaluate and determine appropriate measures or regulations to minimize or'mitigate any potential negative impacts; evaluate consistency with the existing and intended update to the Town's Comprehensive Plan.;,and WHEREAS, additional time is needed for the Town to adopt such additional regulations, local laws, amendment to zoning code, amendment to the Comprehensive Plan; and WHEREAS, for the reasons stated herein, coupled with the Town.Board's need for additional information and assurance about the safety of these types of facilities, including, but not limited to, ensuring the technology and availability :of equipment necessary for local fire districts to be able to suppress a fire should one occur, precautions related to gas emissions and deterring any necessary fire suppression chemicals from impacting groundwater, and the adequacy of'location and other special permit standards for siting these facilities,;has. persuaded the Town Board to take pause on the Zoning Code and consider.the,enactment of a Three (3) month.limited moratorium for the review-and permitting of Battery Energy Storage Systems pursuant to Town Zoning Code §301= RESULT:, 'ApO:PTED [UNANIM.OUS]:-', MOVER: KennethRothwell;`Councilman'.:, SECQNDER: A6bbrt Kern, Councilman AYES:':::: Yvette:Aguiar, Tim.Hubbard,-Kenr eth;Rothwell; Robert'Kern: . - ABSfFrank;BeyCodt Jr:' Racli'et:Fg.,27 Chapter 304 "Moratorium on Tier 11 Battery EnergV Storage Systems" as per§301-283.31". a SECTION 1. Purpose N 4304-1. Legislative Intent. N As discussed in the Legislative Intent of Local Law 11 of 2023 (adopted via Town Board. .Resolution 2023-275), The Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Riverhead b creating regulations for the installation and use of battery energy storage systems, with the following objectives: To provide a regulatory scheme for the designation of properties suitable for the location, construction and-operation of battery energy storage systems;To ensure.compatible land uses in the vicinity of the areas affected by battery enercgy storage systems; and to mitigate the impacts of battery energv storagesystems.on environmental resources such .as important agricultural lands, forests, wildlife and other protected E! resources. Recently, therehas been a significant amount of public concern regardinq the. Potentially volatile nature of lithium-ion batteries and thefear that operation of this type Co of land ruse will pose a threat to the health, safety and welfare of the public including. ° the impact upon the surrounding roadways, infrastructure, and:the orderly evacuation: of improved areas if necessary_ v LU On or about.JulV 28, 2023 the Governor of the State of New.York.announced.the creation L of:a :new Inter-Agency Fire Safety Working Group to ensure the safety and securitV of energy storage systems across the state following fire,incidents'at Battery Energy Storage m Facilities in Jefferson, Orange, and Suffolk Counties. 0 E On or about August 28, 2023 the Riverhead Fire District Board of Fire Commissioners o requested .the imposition of a moratorium on Battery EnergV Storage Systems (BESS) 2 within the Town. of Riverhead related to fire safety concerns;. the safety of Riverhead volunteer firefighters; impacts on water supply; as well as:associated impacts of BESS facilities on waterbodies. The Riverhead Fire District further advised that further time is necessary to understand the complexity of the stated issue and ensure that the Riverhead Fire Department and neighboring departments have sufficient time and resources to train its membership in conjunction with the Findings of the Governor's Q Fire Safety Workinq Group. -� Q These concerns, coupled with the Town Board's need for additional information and 0 assurance about the safety of these types of facilities, including, but not limited to, ensuring the technology and availability of equipment necessary for local fire districts Q to be able to suppress a fire should one occur, precautions related to gas emissions 0 and deterring any necessary fire suporession chemicals from impacting groundwater, and the adequacy of location and other special permit standards for siting these facilities, has persuaded the Town Board to take pause on the Zoning Code and W � a "Pack '6.',,29 consider the enactment of a three (3) month limited moratorium for the review and. perfnittinq of Battery Energy Storage Systems pursuant to Town Zoning Code §301- 283.31.while these issues are further considered and the law is adequately revised.to CD address any outstanding concerns, including the potential for catastrophic failures and evacuation planning. N 0 &304-2. Definitions. v APPLICATION -Any request or application for the development of Battery Energy Storage o Systems pursuant to X301-283.31, to include any area or use variance applications.related to Baftery Energy Storage Systems throughout the Town of Riverhead, c=" §304-3. Moratorium. o No new land use applications shall be accepted pursuant to X301-283.31, nor shall any CD L pending applicationacontinue.to be processed or decided by the Town Board,the.P.lanning Board, or the Zoning.Board of Appeals, or.any other agency, department, or office.of the E� Town of Riverhead during the Moratorium Period U) §304-4Moratorium Period. �' . d ca This,moratorium,shall be in effect during the period between the adoption of this Local Law o and for a period of three (3) months following adoption of this-local law, and:the filing of U) a the same with"the Secretary of State. The same may be extended by approoriateaction of the Town"Board. �; L &304=5. Exclusions. m Energy Storage Systems, defined pursuant to $301-283.27, sponsored by or funded by o the Town of Riverhead shall be excluded from this chapter. E L §30.4-6. Applications that may be exempted. L O (1) Applications may be,exempted from theprovisions of this Chapter, following a o _.public hearing on due notice before the Town Board. Upon such application, the co Town Board shall consider: fl.. a. The size of the subject parcel; Q b. The Proximity of the applicant's .premises to pine barrens, wetlands; J endangered plant and ani"mal species, wildlife, and other similar U environmental concerns; O LLr c. The extent of the proposed development and/or disturbance of the applicant's premises; ❑ c d. The environmental significance, if any, of the applicant's parcel and the proposed development's impact upon the environment, including existing L) w 2 Ncket;Pg:,30. ,10.2.a, transportation resources; e. Compatibility of the proposed development with the aesthetic resources of the community or with the existing community or neighborhood.character and M N O f. Compatibility of the proposed development with the recommendations of N the 2003 Comprehensive Plan and all adopted Comprehensive Plans and Plan Elements henceforth. g (2) In making a determination under this Subsection, the Town Board may obtain and consider written reports from the Planning Department.and such other sources as w required in the judgment of the Town Board and consistent with the purpose of this Chapter. A grant of an exemption to an applicants premises shall include a determination of hardship and unique circumstances.which dohot generallyapply throughout the Town, and a finding that the grant of an exemption will be in r, harmony with and will riot be unduly disruptive-to the goals and purposes of the. E. assessment undertaken pursuant to this Chapter. N a (3) An,application,under this subsection shall be accompanied by a:fee of$1 000.00 and fifteen (15) copies of(the application, together with the applicant's written o undertaking to pay all out-of-pocket..costs incurred by the Town in..studies and/or by retainer of resource personnel relating to the hearing, review, . and determination of-such application, in form and substance acceptable to the Town Board. w a L $304-7. Statutory Authority/Supersession. M C This Chapter is adopted pursuant to Municipal Home Rule Law �10(1)(jj)(a)(11) and (12) and expressly supersedes anv inconsistent provisions of Chapter 301 of the Riverhead L Town Code, .as well as Article 16 of New York State Town Law. In particular, this Local Law shall supersede those provisions of the Town Code and.New York State Law which o require the Town Board, Planning Board, and/or Zoning Board of..App.eals to accept, process and/or approve Applications within specified statutory time periods.. Co L Q� SECTION 2. Severability. U If any section or subsection, paragraph, clause, phrase, or provisions of this law shall be a iudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment J made thereby shall not affect the validity of this law as a whole or any part,thereof other than the part or provision'so adjudged to be invalid or unconstitutional. o J SECTION 3. Effective Date. a This Local Law shall take effect upon its filing with the Secretary of State pursuant to Municipal Home Rule Law, and shall expire after the three (3) month period after the effective date of the moratorium Cz .rl 3 < Packet;Rg;'31. 102a , m s cu CD rn Cl) N O N. T 0 .N LL s W 0 Q� L s E m U) m rn m L 0 N A L CD C W A N w+ CD C 0 E �L 0 L 0 CDM L .N Q co U 'S :Q J ,J d U O h- Q ry cl m E t U 4 d :Packet;Pg 32.,` N ' C O N TOWN OF RIVERHEAD PUBLIC NOTICE M N PLEASE TAKE NOTICE, that a public hearing will be held before the Town Board co of the Town of Riverhead, at 200 Howell Avenue, Riverhead, New York at its regular of meeting held on October 3, 2023 at 2:00 p.m. to consider the adoption of a Local Law entitled, Chapter 304: Moratorium on.Tier 11 Battery Energy Storage Systems as follows: 0 The intent of the proposed amendment is to impose a three (3) month moratorium on the acceptance, processing, continued processing of pending applications, or decisions on Ni Tier II Battery Energy Storage Systems pursuant to Town Code §301-283.31; by the E Riverhead Town Board, Riverhead Planning Board, Riverhead Zoning Board of Appeals or any other agency, department, or office of the Town of Riverhead during the Moratorium Period' L O A copy of the entire text of the adopted.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..town ofriverh ead ny.q ov t:w.ww.townofriverheadny.gov under the Agenda and Minutes for the October 3,,2023 Town ° Board Meeting. m L Dated: Riverhead, New York F September 28, 2023 a E 0 BY ORDER OF THE TOWN BOARD o OF THE TOWN OF RIVERHEAD a �r 0 DIANE M. WILHELM, Town Clerk Q. s U L O L s _U a 0 m U t� O z C O E s , U ' 0.7 a.+ w a PacketPg.33 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 6., 2028� 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 s adopted pted by the ,Riverhead Town Board at 8 Regular Town Board meeting on.October 3, 2023 Resolution It 724—Adopted 10/3/2023 AUTHORIZES THE TOWN CLERK TD Q PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS" If you have any questions, please call Carol Del Vecchio at 631m-727-320.0,Ext 262, or Diane Wilhelm at EA.260 Sincerely, Diane M, Wilhelm DMW:cd 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-wilheim(c�townofriverheadny.,qov. Signature: Date: 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 13:33 , 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resol"ution 2023424 AUTHORIZE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS" Councilman Hubbard offered the following resolution, which was seconded by Councilman Rothwell RESOL-VEDA the Town Clerk be and is hereby authorized to publish the.attached public notice to consider a local law to amend Chapter 289 of the Riverhead Town Code entitled "Vehicles; Traffic and Parking Regulations" once in the.October 12, 2023 issue of the News Review newspaper hereby designated as the official newspaper for this purpose; and be it further RESOLVED,.that the Town Clerk be and is hereby directed to post a copy:of the entire text of the proposed local law and the provisions of the existing law to be amended as attached hereto on the sign board of the Town at 4 West Second.Street;. Riverhead, New York 11901, for viewing by the public,between th:e hours of 8:30:a.m. and 4:30 p.m., Monday through Friday and the entire text of the proposed local law and the provisions of the existing law to be amended can be accessed on the.Town of Riverhead"website at: www:townofriverheadny.aov under the Agenda and Minutes for the October 3, 2023 Town.Board Meeting; and be it further RESOLVED, that the Town Clerk be and is hereby directed to forward a, copy of this resolution to the Office of the Town Attorney, and 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: ; AbOOTEDa[UNANfMbUS.], MOVER: Tim Hubbard, :C:ouncilman S.EC.ONDER: Kenneth`Rotf"vuell;;.Councilman AYES: Yvette Aguiar;".Tm;'1 iubbard; Kenneth.Rothwell, Robert Kem " .,AB"S-ENT :Frank"Beyrodt Jr. Packet Pg._.135:,.: `13:33:x, U) TOWN OF RIVERHEAD E NOTICE OF PUBLIC HEARING a 0 41 PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York or 4:West Second Street, Riverhead, New York, (location to be determined)on the 17th day of October,2023 at or about 6:10 p.m.to amend Chapter 289 of the Riverhead Town Code entitled "Vehicles, N Traffic and Parking.Regulations". The intent of the proposed amendment is to prohibit parking o of vehicles on certain beach area roads unless such vehicles are bearing a valid beach parking �. permit.. a A copy of the entire text of the proposed local law and the provisions of the existing law to M _be amended may reviewed at the Office.of the Town Clerk, 4 West Second Street, Riverhead,. N New York.11.901, 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.Minutesfor the October 3, 2023 Town Board Meeting. Dated: Riverhead, New York October 3, 2023 N 0 :W -Co BY THE ORDER.OF THE TOWN BOARD M OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk c '4: L o. c ca U w a- L h N d U •s d co N 0 _ �L 2 V. .Q (L 4- O a) U O w C N s. U w Q Packet Pg..'137' 13:33_b U .Q Chapter 289 a Vehicles, Traffic and Parking o ARTICLE IV a Parking,Standing and Stopping s N §289-10.Parking prohibited. a 0 The parking of vehicles is hereby prohibited in the locations as follows: U Name,of Street: Side Location 0 Adelia Path Both From a point at its N intersection with o Pier Avenue in an ° easterly direction to its tenninus N ti M N: O N Sound Shore Road Both From a point at its intersection with Pier Avenue in a e; westerly directi'o' n 06 to a point 1.000' hence a c Smuggler's Path Both From a point at its ° intersection with Pier Avenue in a westerly direction to a its terminus c Crow's Nest.Drive Both From a point at its Cu intersection with a. Sea Breeze Drive in a cc westerly direction to ° its intersection with Eight Bells Road rn cc Cq Eight Bells Road Both From a point at its intersection with Crow's Nest Drive southerly to a Q point at its intersection with Atwater Street c m E U R Packet Pg:138 . 13:33.b Hornpipe Drive Both From a point at its intersection with a Sea Breeze Drive in a n westerly direction to a its intersection with Eight Bells Road N a Nautical Drive Both From a point at its o intersection with Sea Breeze Drive in a v westerly direction to its intersection with 0 Eight Bells Road Na) i O .0 Treasure Drive Both From a point at its intersection with. Park Road-in a westerly direction to 0 its intersection with =' Eight Bells Road d §,289-,21.Parking by permit. L D The:parking of vehicles bearing valid beach parking permits is hereby permitted in the f ill"ing a' locations where parking.is otherwise prohibited: p Street Side Location n. Adelia Path Both From a point at its intersection with =' r Pier Avenue in an x easterly direction to its terminus m 0 r Sound Shore Road Both From a point at its intersection with Pier Avenue in aCO westerly direction N to a point 1000' hence a r Smuggler's Path Both From a point at its intersection with a Pier Avenue in a U w w Q Packet.Pg: 13.33b westerly direction to its terminus 3 N Crow's.Nest Drive Both From a point at its c° intersection with Sea Breeze Drive in a f° westerly direction to its intersection with Eight Bells Road o L a) U Eight Bells Road Both Froma point at itsintersection,with Crow's Nest Drive southerly.to a 0 point at its intersection witli Atwater N Street o Hornpipe Drive Both From a point at its M intersection with N o: Sea Breeze Drive in a westerly direction to its intersection with Eight Bells Road 06 L Nautical Drive Both From a point at its o intersection.with Sea Breeze.Drive in a westerly direction to a_ its intersection with Eight Bells Road a' x L Q Treasure Drive. Both From a point at its intersection with .0 Park Road in'a westerly direction to cc d its intersection with 00 Eight Bells Road. 00N L Q U c m E U 2-1 2 Q Packet Rg..140:: Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Manage'ment Officer Marriage Officer October 15, 2023 Suffolk County Plapping: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 3, 2023 Resolution-#689—Adopted 10/3/2023 RATIFIES AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A'NOTJCE�Of PUBLIC HEARING TO CONSIDER A LOCAL LAW IMPOSING A SIX (6) MONTH MORATORIUM ON THE DEVELOPMENT OF PROPERTIES,LOCATED,WITHIN THE INDUSTRIAL A, INDUSTRIAL B AND INDUSTRIAL C ZONING USE DISTRICTS WITHIN THE HAMLET OF CALVERTON ,(21P CODE 11933) WITHIN THE TOWN OF RIVERHEAD If you have:an.y questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext..260 Sincerely, Diane X Wilhelm DMW:cd 'i 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'wilheim(-a)-townofriverheadny.gov. Signature: Date: 4 West Second Street-- Riverhead, New York 11901—(631)727-3200 Ext. 260 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-689 RATIFIES AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL.LAW IMPOSING A SIX (6) MONTH MORATORIUM ON THE DEVELOPMENT OF PROPERTIES LOCATED WITHIN THE INDUSTRIAL A. INDUSTRIAL B, AND INDUSTRIAL C ZONING USE DISTRICTS WITHIN THE HAMLET OF CALVERTON (ZIP CODE 11933)WITHIN.THE TOWN OF RIVERHEAD Councilman Hubbard offered the following resolution, which was seconded by Councilman Kern WHEREAS, The Town of Riverhead is experiencing an unprecedented industrial growth within the Hamlet of Calverton.which have the potential to create significant impacts to air-quality, traffic congestion, water supply'infrastructure, and other potentially isignificant environmental impacts as well as the potential to cause large scale loss of some of the last remaining_forested areas within the hamlet; loss, isolation or fragmentation of:remaining open spaces; and loss or isolation of prime agricultural soils and farmland. Furthermore, the.present level of industrial growth has the potential to disproportionally affect the low income and minority population residing in proximity to these developments within the Hamlet of Calverton, an identified Environmental Justice area; and WHEREAS, the Town seeks to•fulfill.its obligation and assert the authority vested to the Town granted and,set forth under Home Rule Law and such other provisions of law, to analyze impacts and potential liabilities, determine an,appropriate regulatory ( framework for this use, including analyzing impacts and secondary impacts and mitigation of said impacts to ensure that locations and operations of industrial growth are appropriate within the Town or a particularly zoning district within the Town; evaluate and determine consistency with the Comprehensive Plan adopted by the Town;and WHEREAS,.the Riverhead Planning Board, by Resolution #2022-101 unanimously recommended that the Town board implement a Moratorium on development within the Industrial Zoning Use Districts located in.Calverton; and WHEREAS, the Town Board of the Town of Riverhead recognizes and seeks to explore whether.additional time is needed to re-evaluate and determine appropriate measures or regulations to minimize or mitigate any potential negative impacts; evaluate consistency with the existing and intended update to the Town's Comprehensive Plan and the Town Board views.a public hearing as an appropriate forum to receive such information and comments. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby schedules a Public Hearing to be held at 2:00 p.m. on Tuesday, October 3, 2023 at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901 and that the Town Clerk is .Packet,Pg: 17 hereby authorized to publish, in the September 28, 2023 edition of the Riverhead News Review and post such notice of such hearing for the purpose of considering a Local Law to consider imposing a six (6) month moratorium on the process, review, and/or take any action on any development applications, including but not limited to Site Plan Applications, Special Permit Applications, Major Subdivision Applications, Industrial Subdivision Applications, as well as Applications for Use and Area Variances located within the Industrial A, Industrial B, and Industrial C Zoning Use Districts within the Hamlet of Calverton (Zip Code 11933); 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 ; ".. AD;OPTEb:[UNANIMOUS]° , `:MOVER"s Tim;Hubbard;Couricilnan' `SEC'O'NDER- Rob`ilfl<6rri;`C.ounc'ilman;` Yv`ette.A'q r, Tim Hubbard;;K 'th-K, Rober;Kernov AB.S'ENT ,°s;' Frank".Beyrodt,J"r Padket'Pg.;1'8 16J.a U) TOWN OF RIVERHEAD a PUBLIC NOTICE o 0 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 at its regular o meeting held on. October 3, 2023 at 2:00 p.m. to consider the adoption of a Local Law entitled, Chapter.303' .Calverton Industrial Moratorium as follows: Q N N The intent of the proposed amendment is to impose a moratorium on developments in the Y industrial-zoned lands in the Town of Riverhead, includinq those lands that are zoned Industrial A, Industrial Band Industrial C. 00 M A copy of the entire text of the adopted local law and the provisions of the existing o law to-be amended may be reviewed at the Office of the Town Clerk, 200 Howell Avenue, C Riverhead; New York 11.901, between the hours of 8:30 a.m. and 4:30 p.m., Monday N through Friday and can be accessed on: the Town of Riverhead website at: www.townofriverheadny_aov under the Agenda and Minutes for the October 3,2023 Town Board Meeting. E Dated: Riverhead, New York 2 September 19, 2023 0 L y BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk o L' a) ca U M O M L Q U 1 Q T� S U_ .II r a 0 d U O C E U i0 w a-+ Q `Packet Pg:20 10.1.11 Chanter 303 0 Calverton Industrial Moratorium 0 d c 303-1 Legislative Intent. On November 3, 2003, by Resolution #1175, the Riverhead Town Board (hereinafter "Town a Board"), issued a Findings Statement pursuant to 6 NYCRR.Part 61.7..11 and adopted the Town of ° Riverhead Comprehensive Plan pursuant to 272-a of the Town Law. The adopted 2003 0 Comprehensive plan envisioned a"Dynamic office/industrial center..in and around Enterprise Park N at Calverton(Town of Riverhead Comprehensive Plan,2-1):"The Hamlet of Calverton(Zip Code 11933) contains a substantial amount of the industrial-zoned lands in.the Town of Riverhead,. �. including those lands that are.zoned Industrial A, Industrial.B and Industrial C. N m At present, the Hamlet of Calverton,is characterized m containing a.mixture of farmland, open space, single family homes, as well as small to moderate scale commercial development. As a: rn co result of the adoption of the 2003 Compreherisive.Plan and its..appurtenant code amendments, Planning Staff estimates that pursuant to existing zoning arid. dimensional regulations, o approximately 12 million square feet.of.industrial space could be developed within the Hamlet of Calverton within the Industrial A, Industrial 9 and Industrial C Zoning Use Districts; excluding lands which are already developed with or are slated for commercial solar energy production .facilities,.lands such as Robert Cushman Murphy County Park, Canoe Lake, and land from which development rights have been purchased. Additionally, much of the aforementioned industrially J zoned lands within the Hamlet.of,Calverton are not located in either the Town.of Riverhead Water 5 District nor are they located within.the Riverhead Sewer District. Fuithermore, these lands are 0 largely located within Groundwater Management Zone III,which is categorized as a deep-charge E zone, with an allowable sanitary density .of 300 gallons per day per acre, which allows L approximately 7,500 sq. ft. of floor area per acre.In contrast,the.current zoningxeaime allows up cv to 406/o lot coverage, which translates to an allowable as of right build out of 17,424 sq. ft. per 0 acre. Finally, much of the Hamlet of Calverton is identified as being situated within .an Enviromnental Justice Area,pursuant to the criteria established bythe NewYork State Department N of.Environinental Conservation, as outlined in Commissioner Policy No. 29, issued by the New York State Department of Environmental Conversation on March 19,2003. 0 The cutTent unprecedented industrial growth within the Hamlet of Calverton, including the > following applications with associated improvements: a logistics center which proposes and approximately 641,000 sq. ft' building; an industrial subdivision of a .130 acre parcel with a M potential buildout in excess of 1.5 million sq. ft:; a:self-storage.&transportable containerized self- M L storage facility which includes 152,000 sq.ft. of building area; and the expansion of an existing industrial development to include an additional 74,650 sq. ft, building, coupled with the above referenced factors have the potential to create significant impacts to air-quality,traffic congestion, r water supply infrastructure,and other potentially significant environmental impacts as well as the 0 potential to cause large scale loss of some of the last remaining forested areas within the hamlet; E loss, isolation or fragmentation of remaining open spaces;and loss or isolation of farmland and its a d 1 . Packet P9-21 prime agricultural soils. Furthermore, the present level of industrial growth has the potential to `o disproportionally affect the low income and minority population residing in proximity to these N developments within the Hamlet of Calverton, an identified Environmental Justice area. 0 C The Town Board acknowledges that it is currently in the process of updating the Comprehensive Plan and has retained BJF Planning to conduct this update. In furtherance of this point the Town Board recognizes that proper planning requires a carefully thought-out review process and analysis 0- that that balances the need for job creation and economic growth.while preserving the rural character, o natural environment, agricultural land and agricultural heritage which defines the Town as whole o as well as the Hamlet of Calverton. The Town Board finds time is needed to study through its co various departments and such other experts or resources the Town.may. deem appropriate. o including but not limited to BJFPlonninj industrial development with the Hamlet of Calverton, Q U) As part of the ongoing Comprehensive Plan update,The Town's Transfer of Development Rights (TDR) program is expected_to be.entirely revamped to ensure that the program is effective such co that it serves the public's interest by preserving local farmland without direct cost to the taxpayers of the Town. In order toaccomplish fhis goal., the Townrequires additional time to complete the co Comprehensive Master.Plan update so that new formulas for the TDR program can be developed N and implemented. Should the Town allow the currently proposed development to proceed the N opportunity to incorporate these new TDR_ formulas into the code will be lost as well as the LL opportunity to preserveprime farmland. Accordingly, it is appropriate -to briefly suspend < development temporarily through a moratorium to ensure that the modifications to the TDR of program can be developed and implementedto best protect the Town's farmland and the J agricultural economy. U O Thus, a moratorium is necessary and in the.public interest.to preserve the status quo while the J�i Town, through its various departments and experts, including but not limited-to BJF Planning- _ L assesses, evaluates and determines appropriate measures or regulations to minimize or mitigate any potential negative impacts,aswell as evaluate consistency with tha.existiing and update to the LO Town's Comprehensive Plan as it relates to development applications located within the Industrial a A, Industrial B, and..Industrial C Zoning.Use Districts within.the Hamlet of Calverton OR Code cn 11933). This moratorium will allow for the study, development and iiilplementation of measures. to protect the rural character,open space'and farmland in conjunction with industrial development. 0 Additionally, the moratorium will afford the Town. the opportunity to study the currently unprecedented industrial development within the Hamlet of Calverton, and allow for Town decision makers to engage in a comprehensive analysis as well as review; draft and adopt M amendments for any new, resultant laws that may arise during the planning process.. This M moratorium shall be enacted for a period of six (6) Months from the effective date herein so thatCL the processing, reviewing, and/or the taking of any action on any development applications, including but not limited to Site Plan Applications & Special Permit Applications, located within v the Industrial A,Industrial B,and Industrial C.Zoning Use Districts within the Hamlet of Calverton m (Zip Code 11933) shall be suspended during this time period. E U co Q 2 Packet Pg:22 § 303-2 Moratorium o N Neither the Town Board,Planning Board,Zoning Board nor any Town Department shall process. a0 review, and/or take any action on any development applications, including but not limited to Site Plan Applications, Special Permit Applications; Major Subdivision Applications, Industrial Subdivision Applications, as.well as Applications for Use and Atea Variances located within the, Industrial-A, Industrial B and Industrial C Zoning Use Districts within the Hamlet of Calverton Q (ZipCode 11933) during the moratorium period Additionally, noapplications shall be-accepted o pursuant to Chapter 301,Article XXVII, establishing receiving sites for Pine Barrens Credits and o other identified development credits during the period of the moratorium established herein. N L 0 § 303-3 Moratorium Period N a� This Chapter Shall Apply for 'a period of six (6) Months from the effective date hereof. This .Chapter shall expire after said six-month period unless and until this.time period is extended byco o; the Town Board'after adoption of a subsequent local law. M N 0 §303-4 Applications Excluded or Exempt. LL The following are excluded from this Article: o i A) Applications that are Type 2 actions pursuant io 6'NYCRR Patt 61.7 (SEQRA)and Chapter 225 of the Riverhead Town Code: 7v- 0 O J B) Commercial cottfi tnication antenna collocation,replacement, and placement or replacement of associated accessorystructures on existing approvedwireless communication facilities. 0 C) Site_plan applications that have received final approval by the approving governing body prior o to the effective,date of the moratorium.Final approval shall mean the adoption of a resolution by either the Town Board or Planning Board. N D) Lot line modifications that do not require dimensional relief 0 E) Applications where a positive Findings Statement has been issued pursuant to 6 NYCRR Part > 617(SEQRA) by the governing body prior to the adoption of the moratorium. v M 0 M §303-5 Statutory authority; supersession:of Town and State laws. Q. This chapter is adopted pursuant. to Municipal Home Rule Law and the State Environmental v 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 E r U Q 3 Packet"Pg:.23 the Town Law of the State of New York.Furthermore this chapter shall supersede the New York o State Environmental Conservation Law H 3-0301(l)(b) 3-0301(2)(m) 8-0107 and 8-0113 and N 6NYCRR Part 617 also known as the "State Environmental Quality Review Act" (SEORA) as it �° pertains.to applications that are neither excluded nor exempt from this chapter. In particular, this chapter 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 acid approve commercial solar energy system applications within certain statutory time periods In addition this chapter a 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 o to accept process and approve site plan and special permit applications Furthermore this chapter N shall supersede and suspend those provisions of the Town Code and the New York State Town o Law which Grant the Zoning Board of Appeals authority to hear appeals from applicable zoning provisionsi and specifically the time frames for decision making and holding hearings for decision Q_ N making w cis w a Pursuant to.6 NYCRR W7.5(c)(30) a local law to implement'a moratorium is a Type II action under the.New York .State Environmental Quality Review.Act (``SEORA") which has been determined not to have a significant impact onthe environment or is otherwise precluded from N environmental review under Environmental Conservation Law Article 8 and thnot subject to N us any further review. 4 303-6.Severability. ° ti J If any section or subsection, paragraph; clause, phrase-or provision of this law shall be adjudged invalid or-held Unconstitutional by any court of competent jurisdiction any judgment made thereby J shall not affect the validity of this lavas a whole or anypart thereof other than the part or provision soadjudged to be invalid or unconstitutional. 3 0 �s 303-7 Effective Date. 0 This local law shall take effect immediately upon filing with the Secretary of State pursuant to 41 Municipal Horne Rule Law. 0 co U M o' M N Q CU U C d >_ U a-+ Q 4 Packef'Pg:24. Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 6, 2028 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 the Riverhead Town Board at a Regular Town Board meeting dri-Odto October 3, 2023 Resolution # 736—Adopted. 10/3/2023 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONS*IDER A LOCAL LAW TO AMEND CHAPTER 213 OF THE RIVERHEAD TOWN COD.E"FNTITL..E,O,.:"Bf.CYC'LE*S* AND ELECTRIC SCOOTERSA? 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 Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please.sigh and email back to the Riverhead Town Clerk, Diane Wilhelm at wilheim(cbtownofriverhead.nV..qov. Signature: Date: 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext.260 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution'2023-736 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE FOR A HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 213 OF THE RIVERHEAD TOWN CODE ENTITLED. "BICYCLES AND ELECTRIC SCOOTERS" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern RESOLVED, that the Town Clerk is hereby authorized to p.ublish'the attached public notice to consider a local law to amend Chapter 2113 of the Riverhead Town Code .entitled, "BICYCLES AND ELECTRIC SCOOTERS" once in the October 12, 2023 issue:of the News-Review Newspaper, the newspaper hereby-.designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted ori the sign board of the Town; and be it further RESOLVED, that the Town Clerk be.and is hereby.directed to forward a copy of this,resolution to the Office of the Town Attorney; and RESOLVED, that all Town Hall Departments may review and obtain, a copy of this:resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE AD OPTED [UNANIMOUS];, MOVER:- Kenneth'Rotfwell`;.Council"man", . S`EGO'N.DER: Robert Kern;;Couricilman: AYES: Yvette;Ad6 ar, Tim'Hubbard; Kenneth"Rothwell; Roberti Kern ABS;ENT:" FrankaBeyrodt Jr. .,:,Packet Po.;182: 13:45:a Chapter 213. Bicycles and Electric Scooters 0 LL Article III. Sale,Resale and Rental of Electric Bicycles and Electric Scooters and Lithium Batteries and Chargers&Modifications LU 213-17. Definitions. z d A. For the purposes of this article,the terms used herein are defined as follows: 0 LL ELECTRIC BICYCLE. CO 0 a The term"electric.bicycle"means a bicycle with electric assist as defined in , ❑ section.102-c of the New York State Vehicle and Traffic Law. ELECTRIC SCOOTER. r� The term "electric scooter"means any two-tandern-wheeled device'that has liandlebars, is designed to be stood upon by the:operator and is powered by an w electric motor that is capable of propelling the,device with orvithout human propulsion. 0 I-- STOCKKEEPING UNIT. The term"stock keeping unit"means each group of items offered for sale of the same brand name, quantity of contents, retail price and variety. N 0 213-18. Sale, Lease or Rental of Electric Bicycles. ' N L A. No person shall distribute,,sell,lease,rentor offer for sale, lease or rental a electric o bicycle unless: ° 1. The electric system for such-bicycle has been evaluated,tested,and certified by v an accredited OSHA nationally recognized'testing laboratoiy M'M.for L) compliance with Underwriters Laboratories (UL)standard 2849; and w 2: Such certification label or the logo,wordmark, or name:of such accredited testing laboratory is displayed: i. On packaging or documentation provided.at the tinie.of.sale for Stich u electrical bicycle; or m ii. Directly on such electrical bicycle or,the battery,of such bicycle: w 213-19. Sale,Lease or.Rental of Electric Scooters. 0 J A. No person shall distribute,sell;lease, rent offer for sale, lease.or rental a electric Z) t scooter unless: M T N 1. The electric system for such scooter has been evaluated,tested, and certified by CL an accredited OSHA nationally recognized testing laboratory(NRTL)for compliance with Underwriters Laboratories (UL)standard 2272;and c� c 2. Such certification label or the logo,wordmark, or name of such accredited testing laborator i�s displayed: d Packet:Pg 184 13.45,a i. On packaging or documentation provided at the time of sale for such o electrical scooter; or LL � ii. Directly on such electrical scooter or the battery of such scooter. it 213-20. Sale,Lease or Rental of Electric Storage Battery. w A. No Person shall distribute, sell, lease,rent or offer for sale,lease or rental a ce storage battery for an electric bicycle or electric scooter unless: 'l. The storage battery for such bicycle or scooter has been evaluated,tested and 0 O certified by an accredited OSHA nationally recognized testing laboratory(NRTL) o for compliance with Underwriters Laboratories(UL)standard 2271; and z 2. The battery is provided by the original equipment,manufacturer oris a specified replacement battery in accordance with the certification and manufacturer's m instructions for the device in which it will be installed or used; a 3. Such certification label or the logo,wordmark,or name of such.accredited testing U) laboratory is displayed: N i. On packaging or documentation provided at the time of sale for such o. x storage battery; or ii.. Directly on such storage battery for an electric bicycle or the electric d scooter. co 213-21. Sale of Charging Cord or Battery Charger. N 0 A. No Person shall distribute, sell or offer for sale a charging cord or.batterV charger for an electric bicycle or scooter unless: a; 0 0 1. The charging cord or battery charger has been evaluated,tested, and con certified by an.accredited.OSHA nationally recognized•testing laboratorX" (NRTL)for compliance with the applicable product.test standard for its compatibility and use with a certified batterypowered product in w accordance withits listing and.the manufacturer's instructions, and C N 2. Stich certification label or the logo,wordmark, or name of such accredited testing laboratory is displayed: m i. On packaging or documentation provided at the time of sale for such o charging cord or battery charger; or ii. Directly on such charging cord or battery charger for an electric bicycle or the electric scooter. U- M 213-22. Sale of Replacement Batteries and Chargers. N L w A. No person shall distribute, sell or offer for sale any replacement battery product which shall include but not limited to lithium-ion battery cells; packs, chargers and adapters unless: E U (SS w Q `.Packet Pg.`485°' I I. The replacement battery product has been certified by an accredited o OSHA nationally recognized testing laboratory for compliance with U_ Underwriter Laboratories(UL)standard 2271,and d 2. The replacement battery is provided by the original equipment w ar manufacturer oris a specified replacement battery or battery,charging a equipment in accordance with the applicable certification standard_and. o .manufacturer's instructions for.the device or equipment in which.it.will be U_ installed or used. 0 0 CL 3. Such certification label or the logo, wordmark, or.name of such accredited z testing laboratory is displayed: S i. On packaging or documentation provided at the time of sale for m such lithium cell product; or D CL U) ii. Directly on such lithium cell product. w it 4. This codeshall include the following types of battery cells: _ i. User replaceable primary (non-rechargeable)lithium batteries. a ii. User replaceable secondary (rechargeable) lithium batteries. iii. Technician-replaceable primary(non-rechargeable)lithiuin o batteries. N N L iv. Technician-replaceable secondarY(rechar eable)lithitini batteries. o 0 213-23. Modification of Electric Bicycles and Electric Scooters Prohibited cn U A.. No person or entity shall alter, change, enhance, or modify an electric bicycle or electric scooter unless such alteration, change, enhancement or modification is w consistent with the applicable certification standard and manufacturer's C ti instructions. " U 211-24. Penalties for Offence. m A. A violation of this Article III shall be punished as follows: o 1. A fine of not less than $500 and not exceeding$1,500 for a conviction of a o first offense. J U_ 2: A fine of not less than$2,500 and not exceeding$5,000 for a.conviction of a second offense. N CL 3. A fine of not less than$7,500 and not exceeding$15,000 for a conviction c of third offense. 4. Each stock keeping unit is a separate violation. E U l cu a Nacket:Pg 18'6 ,1 145!h, TOWN OF RIVERHEAD PUBLIC NOTICE 0 r PLEASE TAKE NOTICE that a public hearing will be held before the Town Board 0 of the Town of Riverhead, at 200 Howell Avenue, Riverhead, New York 11901 or. 4 East a Second Street, Riverhead, New York;(location to be determined)on the 17th day of October, Q 2023 at or about 6:05 p.m. to consider a proposed local law amending Chapter 213 of the Riverhead Town Code entitled, "Bicycles and Electric Scooters". The intent of the m proposed legislation is to restrict the sale, lease or rental of Electric Bicycles and Electric Scooters and Lithium Batteries and chargers that do not meet the standards set by an accredited testing-laboratory such as Underwriters Laboratories'(UL). N 0 PLEASE TAKE FURTHER.NOTICE 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 Q of the Town.Clerk,4 West Second Street, Riverhead, New York 119,01.,,between the hours of 8:30 a.m. and.4:30 p.m., Monday through Friday and can be accessed on the Town of ti Riverhead website at:www.townofriverheadny.gov under the Agenda and Minutes for the o October 3, 2023 Town Board Meeting. Dated: Riverhead., New York October 3, 2023 a BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk o U U) U U d W N U A _U CO M N L d) C Q r U L' 0 U O ti C1.. a-+ L U fQ Q PacK&Pg<187` ,45 eSilth �, Office of the Town Clerk Diane M. JVUhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 Honorable Town Clerk: Your response'to this le er will acknowledge receipt of the attached resolution adopted by the R' erhead To n Board. Kindly please sign and email back to.the Riverhead Tow Clerk, Dia W' Im at wilhelm townofriverheadn ov. Signature:. Date: oL � y / Regular Town and Weting September 6, 2023, 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 6, 2023 #19- Resolution%# 667 —A dopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE ENTITLED "FIRE PREVENTION" (§ 231.9 INSTALLATION PERMITS; OPERATIONAL PERMITS; 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 44 Mt II Ixpiljrc--hMOWtAVN, Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 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 6, 2023 #19- Resolution # 667—Adopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE ENTITLED "FIRE PREVENTION" (§ 231.9 INSTALLATION PERMITS; OPERATIONAL PERMITS; FEES) 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 09.06.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-667 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN .CODE ENTITLED "FIRE PREVENTION" (§ 231,9 INSTALLATION PERMITS; OPERATIONAL PERMITS; FEES) Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 23.1 of the Riverhead.Town Code entitled "Fire Prevention", section 9 thereof entitled "Installation permits; operational permits; fees"; and WHEREAS, a public hearing was held on the 15th day of August 2023 at 6:05 0.m..at 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 Beard; and WHEREAS, the proposed establishment is a Type II action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 231 of the Riverhead Town Code entitled "Fire Prevention", section 9 thereof entitled "Installation permits; operational permits; fees" 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 Newspaper and to post.same'on the signboard at Town Hall; and be it further RESOLVED, 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 t' 1 RESULT; A00PTEDJUNAIN. IM, .US] :MOVER! ','Kenneth'Rothwell, Council M. 'an SECONDER`- Robb t Kern 'C:ounci•Irnan :AYES':. Ag;iaiar;.H"ubbard," yrodt�lr ,;Ro`ff well; Kerr ti - Packet Pg.143 10.,31.a 0 TOWN OF RIVERHEAD NOTICE OF ADOPTION d PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 231 of the Riverhead Town Code entitled "Fire Prevention", section'.9 thereof entitled "Installation permits; operational permits; fees". The intent of the proposed amendment is to remove fire prevention fees from the code and provide that such fees E Q shall be set by Town Board Resolution. o. A copy of the entire text of the adopted local law 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.townofriverheadny:gov under the Agenda and Minutes for the w August 1, 2023 Town Board Meeting. o Q ti Dated: Riverhead., New York September 6, 2023 0 N BY ORDER OF THE TOWN BOARD T OF THEJOWN OF RIVERHEAD a DIANE M. WILHELM, Town Clerk. Ln N d N O C O d L L_ U- T M N ry W I-- IL Q 2 U z O F- Q O O Q LL O W U O z c m E t U f6 Q Packet Rg.145; l 10,31:Ei` ' Chapter 231 . Fire Prevention Article III. Administration 0 r § 231-9. Installation permits; operational permits; fees. A. Installation permits. c U (1) Application for the installation, modification or removal of any fire-prevention system, including but not limited to fire alarm system, fire and smoke detecting system, fire d sprinkler system,"fixed-pipe dry or wet chemical.extinguishing system or vent system 0 for the removal of hazardous or grease-laden vapors, new building construction 3 plans or'existing building alteration plans, shall be made to the Fire Marshal on forms provided by the Town Fire Marshal. Such forms shall be in accordance,with§ 231-: '8D(1) and contain information as may be reasonably required by the Fire Marshal to, establish compliance with:the applicable codes, ordinances and regulations_ � [Amended 419-2005 by L.L. No. 9-2005] 0 (2) Fees required"by this subsection shall include the review of requisite plans and not at more than two compliance inspections..lf'additional inspections are necessary due to inaccurate submissions, improper installation or defective equipment, an additional fee, equal to the original application fee, shall be required, which shall entitle the M permittee to not more than two additional inspections. N (3) Installation permits shall be valid for 12 months following the date of issue. ` M N A permit shall be obtained from the.Town of Riverhead.Fire Marshal for the .i installation, addition, modification or repair to a fireservice main system and fire_sprinkler service mains.A permit is not required for annual testing, m inspection and maintenance of existing systems. [Added 9-8-2021 by LL. No. 8-20211 L Q Lal A permit under this subsection shall berequired for the installation of: Q- c f 1]_ Private fire service main systems. L f21 Fire sprinkler service sVstbh1s (from the fire service main to 0 the base of the fire sprinkler riser.). v; E f3l Fire hydrants. CL0 41 B. Operational permits. m Y N (1) Application for any operational fire-prevention permits shall be made to the Fire Marshal on forms provided by the Town Fire Marshal. Such forms shall be in accordance with § 231-8D(1) and contain information as may be reasonably required F U (D Q Packet,Pg.. 46 10:f-1_. by the Fire Marshal or CEO to establish compliance with the applicable codes, CU ordinances and regulations. E (2) Operational permits will remain valid indefinitely, provided that the permit holder allows an annual inspection, or triennial inspection pursuant to Article XXV, and corrects all violationsobserved therein, pays the annual fee, and meets all other o provisions of this chapter. N [Amended 8-21-2018 by L.L. No. 16-2018] C. Installation and operational fire-prevention permit fees shall be established by resolution of the Town Board of the Town of Riverhead.UP--rP_yM Rnard has rietermined fire n ent;nn fees,64a � be as follews: d E !q\ Ino}nllnfinn permit fnnrs. Q [Amended 4 19 2995-by-L—TNo. 2005 2 5 2006 by 1=.I=. Ne. 59 o CU3 (�� Ins+allatinn of fire detnotion/alarm system and water basedfire nreteetien J ystems• $259 fpr the first 05 deViees and $5 nndin evens r eVinn s themof. A R J ia smoke deteGt0F, f6 , to !Z O valve, �deI ne valveaR, vha, J}1n�wcIe rQ+vra rc+ald-vh Lmh 7r er-u 'U fAm'ended 2 1 2014 by L.L. NO R 20441 CD , C�7 Jnstallaflnn of autematie fiver) pipe evtinn iShinn s rstems. $250. C) N Iadon Ar n+hnrVapnr • 0.709. T� . c7 N {l S M li,sfalla'tie er permits r red hArtlsle XX Liquefied Dntroleym (`asp 5: 0.7 O _, n in nvners}hernnf N . a) • $199 f9F under 1 E L inynrri fin}• 0.159 fpr 40nen sire rn fon}nr mrirn N i pQ [Amended 2 4 7911 by L.L. Ne � 20111 cif C. O dbViGeS Any mnrlifinr tion in nvness of fi re devices shall be treater) as a L N Q O deViGO Shall lt-�f�,sl��e, but not he limited to a heat dieter+.,r oke detected Ul a pull station, a bell OF GthGF SGURding deViGe, a speaker, a fiFe alaFFR GGAIrA-.I- E L d) Q [AddedT2998 by L.L. Ne.82998] o -1� {� first five devious. y Anmedifipa}inn in even s of five devises shall he ti•pated � N as an installatien in aGE;E)Fd@RGS With the requirements of SubseGfien A,dev;Ge shall ;R.elyde, kA not be li.m.itedl C y.7 , !aFM , C exhayster, an annelerater etard nhambef, a Fire IDepartment n mien ands 4d9r heads S • U f0 tj Q Packet P6..147. 1031.b [Adder' 3 n 2008 by L.L. pie_ 9 2008] ami s MedifiGatiOR L { exiStiRg autematie fixed_pipe ex+ing ,i hien System: G400 ; [Added 311-2993 by L.L. ole, 9 2908] rz r 4- grease laden oF otheFO vapers' r [Added '.l_4 J008 by I 1 Ale 9 2998M [Added 1 N V/ ;e Fire MaFshal for theQ s fi ra cerinklr_nr sePV A n mi+in n+r i Fed fnr a "al 4 ""tiho �..� nn � incnnnt'nn and m 'ntnnnnnn of nviStn systems. " [Added-9 9 2921 by L.L. NG. 8 2921] E Q r�' O I�7 A permit„nrlr_,r this ,- GR Fequ 16 J {a] RClvatefiFe sePAG8 m Stems U O s�rinl<<Ier seNiGe-systems (from the fire t^ -' ca the ha sn of the fire sprinLler ri gr\ In 2 O Firm}f Q L�7 � { } fees. C° M N fol .Plan submission nnr ,• $250 O 1�7 rl CN � " Fir-st Ii-nON feet^f incta_Ilo+inn. $200 M N feet. C U Ear.h fire hydFan+: $100 d I w Operational permit fees E L flpe,Fatinnal emits-rE isle \/1 Stamp anri Handling of, � v^p Trvrrv'�S � ,vr 't-�"rvrvTu J.o f6 C O Y Yards, JuRkyaFds and Waste Material Handling Plants; $-55- Q 0 [Amended 2 1 2011 by 11 Aln 3 2011 (A ner 1r\7 nr,+innanl Ai+ nt h„ ree r„ eanng an A +ilYI ngliPlants, $45 '- � nrFs r nn� reU CL IArr,on.Jorl 2 1 2011 by L.L. Aln 3 20111 a 0 kd) L)nem+ienal n mits required by Article YII Explosives. $'150 fnr the , cti c9' thereof. c c (`nmhi,stihln I ini�irls• E • s U Q Packet 1�fl M 13 J c D cl 51� X: OD m ia ri IP (c D c D I D ri (D F i i p ID n (X) cl C7 0 C D aL () r (3) 70 ID (X) 1P 0 X, ID: rt CO Attachment: Installation permits;operational permits; fees Ch:231-9 (2023-667,:Adopts atocal Law to A en m .d Chapter 231 of the Riverhead 5. F r X)73 13 :3 qn S G). 13 D M t 1) D 03 73 M :n Attachment::Installation permits; operational permits;fees Ch.231-9 (20,23-667 :.Adopts a Local Law to Amend Chapter 231 of the Riverhead qt Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 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 6, 2023 '#18- Resolution-# 666—Adopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER,301. PART 4.-SUBDIVISON AND LAND DEVELOPMENT, ARTICLE LVII. SPECIAL PERMITS OF THE RIVERHEAD TOWN CODE J 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 w�� • �• 'stir �a. r Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 Honorable Town Clerk: Your resp a this lett will acknowledge receipt of the attached resolution adopted by th iv tae! To n Bo Kindly please sign,and.email back to the ' Riverhead T wn e , i . e V1!'. m at wilhelm townofriverhead o Signat e: Date: C� 6 Reg r Town Bo Meeting September 6, 2023, 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 6,2023 #19- Resolution # 666—Adopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER•3.01 PART 4..SUBDIVISONAND LAND DEVELOPMENT, ARTICLE LVII.,SPECIAL PERMITS OFTHE RIVERHEAD TOWN CODE Sincerely, /a - �1� � Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue Riverhead, New York 99909—(639)727-3200 Ext. 260—Fax (631)208-4034 ' 10.30 09.06.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-666 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 PART 4. SUBDIVISION AND LAND DEVELOPMENT ARTICLE LVII. SPECIAL PERMITS OF THE RIVERHEAD TOWN CODE Councilman Beyrodt Jr. offered the following resolution, which was seconded by Councilman Rothwell WHEREAS, the Town Clerk was authorized to publish andpost a public notice to hear all interested persons to consider a local law to amend Chapter 301, entitled "Subdivision and Land Development, LVII Special Permits 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 15th day ofAugust, 2023 at'6:00 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 amendment is a Type II action pursuant to'SEQRA. NOW, THEREFORE, BE IT RESOLVED, that.the.local law amending Chapter -301; entitled "Subdivision and Land Development, Article LVII, :Special Permits 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 [.UNANIMOUS] :MOVER:; Frank Beyrodt`J"r." ; Councilman. SECONDERf . Kenneth Rothwell;Councilman. . AYES:; Aguar;,Hub .a"rd B:ey�odt J.r:;;:Rothwell,._Kern , Packet Pd.138 . 10.30,a . L TOWN OF RIVERHEAD Q Notice of Adoption PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead, adopted a local law to amend to Chapter 301 part 4. Subdivision and Land Development, Article ° LVII. Special Permits," of the Riverhead Town Code at its regular meeting held on J September 6, 2023. The intent of the amendment is to revise the,posting of notice requirements for Special Permit Applications. 0 cc A copy of the entire text.of the adopted local law and the provisions of the existing Q law to be amended may be reviewed at the Office of the Town Clerk, 200 Howell Avenue, 0 Riverhead, New York 119.01, between the hours of 8:30 a.m. and 4:30 p.m., Monday a through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for the August 15, 2023 N Town Board Meeting. N Dated: Riverhead, New York September 6, 2023 LL N N L BY ORDER OF THE TOWN BOARD o OF THE TOWN OF RIVERHEAD a DIANE M..WILHELM, Town Clerk 0 w U_ .Q Q N w E L a ; U R U) T 0 M ..0 U L O _ r S2 O 0 d U O Z _ d E L U IB w Q PacketPg. 140 '10:30:11 . § 301-311 Application procedure; fees. A. Variances. The applicant must first apply to the Zoning Board.of Appeals for any variance which may br necessary. Only after the applicant has obtained all necessary variances shall the Town Board act upoi the special permit application. c E B. Referral to Planning Board; posting of notiee of pe dinappl cation. Any application made pursuant tc o the provisions of this article shall originate by an application to the Town Board, contrary provision; notwithstanding,and may be referred to the Planning Board upon being deemed complete by the Plannint Department,which will transmit its recommendations to the Town Board within 62 days of.referral-.Uper U •.b -H to be ifliffiediatel) 1 at the • J. that a Then,. tefh... b b ,w N is the Town Glefk w b56heduled by the TewiiBear,,, eftified., mail a eepy ofrZ T 1' h eti e to+h ,1: ,+ 1' „t shall then.,f':i1 n+h date and+:., .the 1 1' O paoc.zti" "b" kE�hE?rritn tl��—.�,.n»'.,..,. ,.,,., ... .. .....�.. •.., �, ,.,...,, rr••�' ,��,.om Q heafinb en the b CO .,..ut,.1,has ,. M N O C. Posting of.Notice, When a.public hearing is scheduledby the Town Board,the Town Clerk shall forwan by certified mail a copy of the public hearing notice to the applicant. The,applicant shall erect or cause tr N be erected a sign, which shall be displayed on the parcel upon which the special permit application i N made, facing each public street to which the property.abuts,giving notice that an application has bee! of made to the Town.of Riverhead Town Board,,for special permit'approval, along with the time.and plael of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be les: Ei than two feet nor more than six feet above the natural grade at the street line. The sign shall be fumishe( by the Town Clerk and shall be the only. sign to be used. The sign shall be displayed not less than 7 day: irntnediateby preceding the yublic.hearing or any adiournment date. The applicant shall file an affidavi Z with the Town Clerk that lie/she has complied with the Provisions of this section prior to the openingo w the public hearing o D. Town Board public hearing.After receipt of the recommendations of the Planning Board(in the event.thr application was referred to the Planning Board);the Town Board shall hold a public hearing upon public :00 notice and other notices as required by the Town Law. The applicant or his/her representative shal .a forward a certified copy of the public hearing_notice by certified mail to all property owners within a five N hundred-foot radius of the subject property posted at least seven days prior to .the date of the public hearing, and the applicant shall pay all expenses of said hearing, including but not limited to publicatio! E costs,postage and transcription of testimony.Public notice of said-hearing shall be printed in a newspape of general circulation in the Town at.least five days prior to the date thereof. All testimony at the public 'a hearing before the Town Board shall be given under oath. The Town Board may require the swopCL testimony of such persons as it deems necessary for a frill and complete hearing on the application. Thr r Town.Board.may adjourn the public hearing for,the purpose of taking further testimony or requiring thr "' production of further information.The Town Board shall decide upon the application within 62 days afte M the close of the hearing.The time within which the Town Board must render its decision may be extender o by mutual consent of the applicant and the Board.The decision of the Town Board on the application afte 4 the close of the public hearing shall be filed in the office of the Town Clerk within five business days afte E such decision is rendered, and a copy thereof mailed to the applicant. E. Fees.The fee for review of a special-permit application which would result in construction of a building(s or a disturbed area of less than 4,000 square feet shall be $1.,000. The fee for review of a special permi application for construction of a building(s) or disturbed area of 4,000 square feet or greater shall.b, $2,000. The required fee shall be paid upon submission of the application to the Town Cleric. L Packet Pg. 141 i 1.0.30:b Underscore represents addition(s) Strikethrough represents deletion(s) E Q 0 c� J U O J ff5 +J d O a Q ca M N O ' N M N ti N O U E N O N L U O L O i-� U 2 Q N L Ql LL fV .0 N T T M T- 0 O C O E C O E Q C N r U Q Packet Rg: 142 ° TOWN OF RIVERHEAD ` PLANNING DEPARTMENT 201 HOWELL AVENUE, RIVERHEAD, NEW YORK 11901-2596 (631) 727-3200, FAX (631) 727-9101 Jefferson V.Murphree,AICP Greg Bergman Matt Charters Heather Trojanowski Tracy Stewart Torun Building and Planning Planner Planner Site Plan Reviewer Adnrirnistrator to the Administrator Est.264 Ext.207 Est.283 Plarnriing Board& Ext. 239 Zoning Board Ext.240 December 8, 2022 PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 20th day of December, 2022 at 2:15 p.m.to amend Chapter 301 Attachment 2 to Add Notations for Tier II Battery Energy Storage Systems. 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: under the Agenda and Minutes for the December 20, 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 ch�7rters�i)to��nc�lriverl�eadny.�ov. Sincerely, Matthew J. Charters, Planner Email: Town of Southold Signature,Received By Date Please print name Title O„i v � V'1 O O V1 vl O O O O 0 N O O O O O O Ln Ln V•) If) N N N a 7 h i y N Vj ^O ry W V') V') In W� In V') Ln In In V� .0 O w V') kn N N N a C O TJ w O O rl) N O O O N O O O NA N O CC G p C�i O O O O O O O ul In In a O a •C In a � A Q sz no 14 ^ bA^C7 •b y M M M cl1 M cl) Cl) M M �t O Q o tn x p 0 0 0 0 0 0 0 0 0 0 0 cf7 V1 V1 V1 V'1 V'1 V"1 Oci O ,c 8 �'^ y u1 o o v1 O O O O O � � v-� v-, v-i -o 0 o U .7 N '�• a O O O O O O O O C y O O O O O Cl O C +••' CT'41; O O O O O O Oct ca ca ccz o 00 00 N 00 'may' +n h r) N cC bA O O01) C bq CG < 00 "C U N O. N N O . bA C4 C4 a W �n W A 6 rn 4 � cr y E >, o aj..a � a o � a� N •��" Z W L L N m O EN o Q in }, U N W Y � N Q E w C: 10- y C u Q •r '�A'� '� w C/I cz x a o a o00 j M L o N O O E f 0 3 v o -o CC E � N E a, btl T L - v 1�5 o O L O > CZ V b 0 3 cu s +r d p bbD w o O bQ c �? xM 77- a, o N w ti W 3 E o ami CIO � ci � z F-• °_ F- d- Q TOWN OF RIVERHEAD PLANNING DEPARTMENT �} 201 HOWELL AVENUE, RIVERHEAD, NEW YORK 11901-2596 (631) 727-3200, FAX (631) 727-9101 Jefferson V.Murphree,AICP Greg Bergman Matt Charters Heather Trojanowski Tracy Stewart Tororr Building arzd Plarniing Planner Plmrrrer Site Plmr Reviezoer Administrator to the Adnriraistrator Ext.264 Ext.207 Eat.283 Planning Board& Ext. 239 Zoning Bonrd Ext. 240 December 8, 2022 PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 20th day of December, 2022 at 2:15 p.m. to amend Chapter 301 Attachment 3 to Add Notations for Tier 11 Battery Energy Storage Systems. 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: under the Agenda and Minutes for the December 20, 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 charters(cr to��n��friverhe�ulny.<<_=ov. Sincerely, Matthew J. Charters, Planner Email: Town of Southold Signature,Received By Date Please print name Title ZONING AND LAND DEVELOPMENT 301 Attachment 3 Town of Riverhead Commercial Districts Schedule of Dimensional Regulations [Added 10-5-2004; amended 10-12-2004; 10-21-2004; 11-3-2004; 11-16-2004; 12-29-2004 by L.L. No. 57-2004; 8-2-2005 by L.L. No. 44-2005; 9-6-2006 by L.L. No. 35-2006; 3-15-2011 by L.L. No. 7-2011; 6-7-2016 by L.L. No. 18-2016; 12-4-2018 by L.L. No. 24-2018] Minimum Minimum Front Yard Rear Yard Depth Depth Building Lot Coverage(Footprint) Floor Area Ratio(FAR) (feet) Side Yards,Interior Lots Side Yards,Corner Lots (feet) Maximum Maximum Minimum Minimum Minimum Lot With Maximum With Transfer Minimum Combined Minimum Combined Minimum Lot Width at Maximum Transfer of Maximum Height of Maximum of Depth for Depth for Depth Facing Depth for Area Front Street Without Maximum Development Impervious Buildings Without Maximum Development Each 2 Sides Side Street 2 Sides Zoning Use District (square feet) (feet) Sewer With Sewer Rights Surface (feet) Sewer With Sewer Rights (feet) (feet) (feet) (feet) Downtown Center l:Main 5,000 50 N/A 80%'N12) N/A 100% 60'N102' N/A 4.00'N13) N/A 0 0 0 0 0 0 Street(DC-1) Downtown Center 2: 5,000 50 N/A 35% N/A 50% 35 N/A 1.25 N/A 15 15 30 15 30 100 Waterfront(DC-2) Downtown Center 3:Office(DC-3) 5,000 50 N/A 50%(N12) N/A 80% 35 N/A 1.501N131 N/A 151N3) 10 20 10 20 25 Downtown Center 4: 5,000 50 N/A 35% N/A 60% 35 N/A 1.00 N/A 15'N3) 10 20 10 20 25 Office/Residential Transition(DC-4) Downtown Center 5: 5,000 50 N/A 35% N/A 60% 35 N/A 0.70 N/A 15(N3) 10 20 10 20 25 Residential(DC-5) Hamlet Center(HC) 5,000 50 35% 35% N/A 60% 35 0.50 0.50 N/A 25 15 30 25 50 25 Village Center(VC) 5,000 50 80% 80% N/A 100% 35 1.00 1.00 N/A 10 0 0 10 20 25 Business Center(BC) 20,000 100 15% 20% 30% 75% 35'N`) 0.15 0.20 0.30 502Nd' 15 30 25 40 25 Shopping Center(SC) 40,000 200 15% 20% 30% 75% 35 0.15 0.20 0.30 50(N41 25 50 25 50 50 Destination Retail Center(DRC) 40,000 200 10% 15% 30% 75% 35(NN 0.10 0.20 0.30 50'N') 25 50 25 50 50 Commercial/Residential Campus 40,000 200 20% 25% N/A 60% 35 0.20 0.50 N/A 30 15 30 25 40 50 (CRC')(N7)(NN)(N 11) Riverfront Corridor(RFC) 80,000 200 8% N/A N/A 25% 35(N 10) 0.15 N/A N/A 100 30 60 100 130 100 Rural Corridor(RLC) 40,000 200 10% 10% N/A 25% 35 0.10 IN'I 0.10'"''1 N/A 50 25 50 50 100 50 Business(PB) 40,000 50 N/A 30% N/A 80% 35 N/A 1.50 N/A 50 15 30 50 65 50 Business(CR) 40,000 200 15% 15% N/A 75% 35 0.20 0.20 N/A 3025 50 30 60 25 Tourism/Resort Campus(TRC) 80,000 200 8% N/A N/A 25% 35 1N°" 0.15 N/A N/A 100 30 60 100 130 100 Industrial A(Ind A) N( IJ) 80,000 200 40% 40% N/A 70% 30 0.40 0.40 N/A 100 50 100 50 100 75 Industrial C(Ind C)(NI41 80,000 300 40% 40% N/A 60% 30 0.40 0.40 N/A 30 30 60 30 60 50 Manufacturers Outlet Center 120,000 200 10% 20% 30% 75% 35'N`) 0.10 0.20 0.30 50'N5) 25 50 25 50 50 Peconic River Community(PRC) 80,000 200 20% 30% N/A 40% 34 0.40 0.60 N/A 25 15 30 15 30 50 Planned Industrial Park(PIP)District(NI4) See§301-186 Planned Recreational Park(PRP) See§301-191C District 301 Attachment 3:1 02-01-2019 RIVERHEAD CODE NOTES: "Maximum height for townhouse uses shall be 35 feet. ""Two-family residences shall require a lot of 40,000 square feet and shall employ the use of one preservation credit for the second dwelling unit. "'-Not to exceed five stories. "The floor area ratio(FAR)for retail stores or shops shall be calculated utilizing the frontage along the major arterial highway to a depth of no more than "'Front porches may extend up to five feet into the front yard,provided that they are at least five feet back from the front property line. 500 linear feet. "Thirty-five feet of the front yard in the BC and SC Zoning Use Districts shall remain unoccupied as landscaped area,with the exception of freestanding ""'Not to exceed two stories. signs and access driveways. ""Residential yields shall be calculated at one dwelling unit per 40,000 square feet of lot area with the capacity to meet the relevant floor area ratio Fifty feet of the front yard in the DRC Zoning Use District and Manufacturers Outlet Center shall remain unoccupied as landscaped area,with the predicated upon the redemption of one transferred development right per additional dwelling unit. exception of freestanding signs and access driveways. ""Building lot coverage for a townhouse use shall not exceed 7.5%. Preservation credits may be used to increase the height to 50 feet. "'Floor area ratio for a townhouse use shall not exceed 0.15. The minimum floor area of a townhouse shall be 900 square feet. ""Tier II Battery Enemy Storaee Svstems shall be subiect to the standards as set forth in&301-283.33. Underscore represents addition(s) Strikethrough represents deletion(s) 301 Attachment 3:2 11-01-2015 TOWN OF RIVERHEAD � PLANNING DEPARTMENT (, 201 HOWELL AVENUE, RIVERHEAD, NEW YORK 11901-2596 (631) 727-3200,FAX (631) 727-9101 Jefferson V.Murphree,AICP Greg Bergman Matt Charters Heather Trojanowski Tracy Stewart TOYUtl Building and Planning Planner Planner Site Plan Reviewer Administrator to the Administrator Ext.264 Ext.207 Ext.283 Plmining Board& Ext. 239 Zoning Board Ext.240 December 8, 2022 PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 20th day of December, 2022 at 2:15 p.m. to amend Chapter 301, Part 3, Supplementary Regulations of the Riverhead Town Code to include Article LIID entitled `Battery Energy Storage Systems". 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: vv11wvvIl.townoi't-iverheaciny(-,ov under the Agenda and Minutes for the December 20, 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 ch�uters(u`,to4vnofrivcrhe�idnv.�o��. Sincerely, Matthew J. Charters, Planner Email: Town of Southold Signature, Received By Date Please print name Title ZONING AND LAND DEVELOPMENT PART 3. SUPPLEMENTARY REGULATIONS ARTICLE LIID BATTERY ENERGY STORAGE SYSTEMS 301-283.28 Purpose A) Battery EnergySge System Law is adopted to advance and protect the public health safety, welfare, and quality of life of The Town of Riverhead by creating regulations for the installation and use of battery energysge systems, with the following objectives: 1) To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of batter energy storages stems; 2) To ensure compatible land uses in the vicinity of the areas affected b battery energy storage systems; 3) To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; 301-283.29 Definitions As used in this Chapter the following terms shall have the meanings indicated: ANSI: American National Standards Institute BATTERY(IES): A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this law, batteries utilized in consumer products are excluded from these requirements. BATTERY ENERGY STORAGE MANAGEMENT SYSTEM: An electronic system that protects energysge systems from operating outside their safe operating_parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. ENERGY STORAGE SYSTEM: One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows: A. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600kWh and, if in a room or enclosed area, consist of only a single energy storage system technology_ 1 B. Tier 2 Battery Energy Storage Systems have an aggregate enemy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or enclosed area. CELL: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical enemy. COMMISSIONING: A systematic process that provides documented confirmation that a batter energy nergy storage system functions according to the intended design criteria and complies with applicable code requirements. DECOMMISIONING: A systematic process that provides a narrative and plan for the removal/proper disposal and reclamation of a batter energy nergy storage system, and it's site, at the end of its useful life and/or as the result of damage by fire or other event. DEDICATED-USE BUILDING: A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the New York State Building Code, and complies with the following: 1) The building's only use is batter effigy storage, energy generation, and other electrical grid-related operations. 2) No other occupancy ypes are permitted in the building. 3) Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems. 4) Administrative and support personnel are permitted in areas within the buildings that do not contain batter energy storages system, the following: a. The areas do not occupy more than 10 percent of the building area of the story in which they are located. b. A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energysge systems or other enemy system equipment. ENERGY CODE: The New York State Enemy Conservation Construction Code adopted pursuant to Article 11 of the Enemy Law, as currently in effect and as hereafter amended from time to time. FIRE CODE: The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. LOT COVERAGE: lot coverage shall include the total square footage of the perimeter of all of the dedicated use buildings and/or structrures hoLISinE� a battery energy storage torage system, 2 inclusive of all interior spaces between the dedicated use buildings and or structures hoLisinc a battery enemy stora<(4e system, in addition to driveways and service roads (paved or stone) and all accessory equipment, buildings and structures. NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)• U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards. NEC: National Electric Code. NFPA: National Fire Protection Association. NON-DEDICATED-USE BUILDING: All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements NON-PARTICIPATING PROPERTY: Any property that is not a participating property. NON-PARTICIPATING RESIDENCE: Any residence located on non-participating property. OCCUPIED COMMUNITY BUILDING: Any building in Occupancy Group A B E I R as defined in the New York State Building Code including but not limited to schools colleges daycare facilities hospitals correctional facilities public libraries theaters stadiums apartments, hotels, and houses of worsh . PARTICIPATING PROPERTY: A battery ei. iergy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetar compensation to the landowner from the battery energystorage system owner (or affiliate) regardless of whether any part of a battery energystorage for age system is constructed on the property. UNIFORM CODE: the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. 301-283.30 Applicability A. The requirements of this Local Law shall apply to all battery energy storage systems permitted, installed, or modified in Town of Riverhead after the effective date of this Local Law, excluding general maintenance and repair. B. Battery energy storage systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local Law. C. Modifications to,retrofits or replacements of an existingbattery atter energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Local Law. 3 301-283.31 General Requirements A. A building permit and an electrical permit shall be required for installation of all battery energy storage systems. B. All battery energy storage systems, all Dedicated Use Buildings and all other buildings or structures that (1) contain or are otherwise associated with a battery energystorage for ages stem and (2) subiect to the Uniform Code and/or the Enemy Code shall be designed erected and installed in accordance with all applicable provisions of the Uniform Code all applicable provisions of the Enemy Code and all applicable provisions of the codes regulations, and industry standards as referenced in the Uniform Code the Energy Code and the Riverhead Town Code. § 301-283.32 Requirements for Tier 1 Battery Enemy Storage Systems Tier 1 Battery EnergyStorage Systems shall be permitted in all zoning districts are subject to General Requirements pursuant to § 301-283.21, and are exempt from special permit requirement& site plan review. § 301-283.33 Requirements for Tier 2 Battery Enemy Storaae Systems A. Tier 2 Battery Energy Storage Systems are permitted through the issuance of a Special Permit by the Town Board pursuant to Article LVII within the Industrial A Industrial C Planned Industrial Park, Agricultural Protection and Residence A-80 zoning use districts and shall be subject to Site Plan Review by the Planning Board pursuant to Article LVI and as follows: B. Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed underground to the extent practicable. C. Parcels upon which battery energystorage torage systems are placed shall adhere to the standards as set forth below: (1) The minimum lot area for all Business and Industrial District parcels proposing Tier 2 Battery Energy Storage systems shall be 40,000 square feet. (2) For all residentially zoned parcels proposing Tier 2 Battery Energy storage, the parcel shall be located within 1,000 feet of an existing LIPA Substation — or — Commercial Solar Energy Production System. (3) The minimum lot size for residentially zoned properties proposing Tier 2 Battery Energy Storage systems shall be 80,000 sq. ft. (4) The maximum lot coverage for Tier 2 Batter Ey nergy StorageSystems shall be 75% in an zone. one. (5) Maximum height of structures dedicated to Tier 2 Battery Energy Storage Systems shall be 20'. 4 (6) The minimum required side and rear yard setback shall be 10 feet; the minimum side yard setback shall be 25 feet when adjacent to property zoned or containing a residential use. (7) The minimum screening within required yards shall include landscape plantings to be erected and maintained by the applicant along the front side and rear property lines; the Planning Board may modify these requirements for screening where the same or better screening effect is accomplished by the natural terrain or foliage. (8) Design and visibility. Battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping or other screening methods that will harmonize with the existing terrain character of the property and surrounding area without interfering with ventilation or exhaust ports (9) Adjoining street rights-of-way (a) The minimum required transitional front yard shall be 20 Feet unless the Planning Board finds for aesthetic and/or safety reasons that additional setback is necessary. (b) The minimum required screening shall be achieved by landscape plantings, including evergreen shrubs not less than 4ft in height at the time of installation, and deciduous street trees that meet Town specifications D. Accessory/Principle Use (1) A Tier 2 Battery Storage system shall not be permitted as accessoryto o the principal use of a residential dwelling (2) In Commercial and Industrial Zoning Use District Tier 2 Battery storage systems shall be allowed as an additional use. (3) Tier 2 battery energy storage systems may be considered accessory when the principle use of a parcel is for the generation of electricity via solarap nels E. Avoidance Areas. Battery enemy storage systems shall not be located in the following avoidance areas: (1) Flood Hazard zones, unless compliance with FEMA and can be achieved without significant visual or safety impacts. (2) Open space/Greenbelt Areas. (3) On parcels containing_ rip me agricultural soils unless the proposed battery enemy storage system can be located on a portion of the parcel containing non- prime agricultural soils. 5 (4) Historically and culturally significant resources, unless it can be demonstrated that an installation will not adversely affect the historic resource and is fully reversible. (5) Designated conservation areas, including but not limited to lands purchased through the Community Preservation Fund,and properties that are preserved via the purchase of development rights. (6) Scenic corridors or viewsheds, unless the installation is fully camouflaged and is found to not compromise the scenic corridor or viewshed. (7) Within 150 feet of Town of Riverhead Wetlands 100 feet of NYSDEC Freshwater Wetlands or within 300 feet of NYSDEC Tidal Wetlands. F. Submission. A complete site plan pursuant to Article LVI and Special Permit requirements pursuant to Article LVII and as follows: (1)Name, address, phone number, and signature of the project applicant as well as the property owners, demonstrating their consent to the application and the use of the property for the battery energy stege system. (2) A one- or three-line electrical diagram detailing the batter effigy storage system layout, associated components, and electrical interconnection methods with all National Electrical Code compliance disconnects and over current devices. (3) A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit. (4) Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissionin . A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Planning Board prior to final inspection and approval and maintained at an approved on-site location. (5) Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code. (6) Operation and maintenance manual. Such plan shall describe continuingbattery attery 6 energy storage system maintenance and property pkeep as well as design construction, installation,testing and commissioning information and shall meet all requirements set forth in the Uniform Code. (7) Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards,if applicable and to such standards as may be established by the Planning Board in consultation with the Town En ig neer G. Fencing Requirements (1) Battery energy storage systems, including all mechanical equipment and buildings dedicated to battery energystorage torage systems shall be enclosed by privacy fence, with the design subject to Planning Board discretion to a maximum height of seven feet with a self-locking gate to prevent unauthorized access and shall not interfere with ventilation or exhaust ports. (2) The regulatory fence should be sited in such a way that it encompasses the whole battery storage structure. (3) All required fencing shall not be located within the required transitional front yard pursuant to X301-283.33 C. (9) (a)_ (4) The Planning Board shall require landscaping located between the fence and the surrounding properties, including the public right-of-way as appropriate and necessary. H. Signage. (1) The signage shall be in compliance with ANSI Z535, and all other applicable codes and shall include the type of technology associated with the battery energy stege systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number. (2) As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. I. Lighting. Lighting of the batter energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. All lighting shall comply with Article XLIX Exterior Lighting of the Riverhead Town ZoninIZ Code, J. Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall comply with noise standards found in Chapter 251: Noise, Public Nuisances and Property 7 Maintenance. Applicants may submit equipment and component manufacturer's noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard. K. Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as groLlnd covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible. L. Prior to the issuance of a Building Permit, All Application shall include an Emergency Operations Plan. A copy of the approved Emergency Operations Plan shall be given to the system owner, the local fire department and local fire code official A permanent copy shall also be placed in an approved location to be accessible to facility personnel fire code officials, and emery responders. The emergency perations plan shall include the following information: (1) Procedures for safe shutdown,de-energizing, or isolation of equipment andsystems under emergency conditions to reduce the risk of fire, electric shock and personal iniuries, and for safe start-up following cessation of emergency conditions. (2) Emergency Contact information for the owner&operators with 24 hour contacting information, which must be kept current. (3) Procedures for inspection and testing of associated alarms, interlocks and controls. (4) Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure. (5) Emergency procedures to be followed in case of fire, explosion release of liquids or vapors, damage to critical moving parts or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating_personnel, de-energizing equipment and controlling and extinguishing the fire. (6) Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required. (7) Procedures for dealing with battery energysge system equipment damaged in a fire or other emery event, including maintaining contact information for 8 personnel qualified to safely remove damaged battery energy storasystem equipment from the facility. (8) Other procedures as determined necessary y the Planning Board to provide for the safety of occupants, neighboring properties, and emergency responders. (9) Procedures and schedules for conducting drills of these procedures and for traininz local first responders on the contents of the plan and appropriate response procedures M. Ownership changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special exception approval shall remain in effect provided that the successor, owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Planning Department Building Department, and Fire Marshal's Office of such change in ownership oroperator in writing within 30 days of the ownership change. All permits and approvals for the battery energy storage system shall be void if a new owner or operator fails to provide written notification to the Planning Department within the required timeframe. Reinstatement of a voided special permit/site plan will be subject to approvalrp ocess for new applications. N. Decommissioning. All site plan applications shall include a decommissioning plan. The decommissioning plan shall include the following_ (1) A narrative description of the activities to be accomplished including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures equipment security barriers, transmission lines, access roads and other related improvements from the site; (2) A detailed narrative and plan for the disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations-, (3) The anticipated life of the battery energy torage system; (4) The estimated decommissioning costs, prepared by a licensed professional engineer and how said estimate was determined; (5) The method of ensuring that funds will be available for decommissioning and restoration; (6) The method by which the decommissioning cost will be kept current• (7) The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the batter ey_nergY storage system, such as, but not limited to, structural elements building penetrations,means of egress,and required fire detection suppression systems will 9 be protected during decommissioning and confirmed as being acceptable after the system is removed. (8) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an enemy storage system from service that has been damaged by a fire or other event. (9) The Owner and/or operator of the energystorage torage system shall implement said plan upon abandonment and/or in conjunction with removal from the facility O. Decommissioning Fund. The owner and/or operator of the battery energystorage torage system shall continuously maintain a fiend, either through escrow account bond or otherwise payable to the Town of Riverhead, in a form and amount approved by the Town Engineer or the Town's Consulting Engineer for the decommissioning and removal of the battery energy storage system, for the period of the life of the facility. All costs of the financial security shall be bonne by the applicant. Underscore represents addition(s) Strikethrough represents deletion(s) 10 NN0 ¢ K�9aXdr mx� ew'n�,�yN'kFll+r I Office of the Town Clerk Diane M. Wilhelm, TownClerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 5, 2023 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board on April 4, 2023. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm townofriverheadn ov. #6- Resolution # 270–Adopted 4/0.4/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 205 OF THE RIVERHEAD TOWN CODE ENT ED "AL OHOLIC BEVERAGES" Signature: Date: 5 J – C �-13 Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue^- Riverhead, New York 11901 (631)727-3200 Ext. 260 --Fax (631)208-4034 ? aMrwe�ryannrn m nwn., ,� Office of the Tenon Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 5; 2023 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted bythe Riverhead Town Board on April 4, 2023. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm@towtiofriverheadny.gov. #7- Resolution #271—Adopted 4/04/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 297 OF THE RIVERHEAD TOWN CODE ENTI E "Z R TOLERANCE ZONES" Signature: Date. J 23 Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue-- Riverhead, New York 11901(631)727-3200 Ext. 260—Fax (631)208-4034 1 Office e Town Clerk. Diae M. Wilhelm, TownJerk Registrar of Vital Statistics Records,Management Officer Marriage Officer April 5, 2023 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board on April 4, 2023. Kindly please sign and email back to the Riverhead Town Clerk., Diane Wilhelm at wilheIm towns friverheadn ov. #8- Resolution # 272—Adopted 4/04/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 247 OF THE RIVERHEAD TOWN CODE ENTIT' "LOITER NG,' Signature: Date: s ✓ ���� Sincerely, "Ap Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue -- Riverhead, New York 11901(631)727-3200 Ext. 260 - Fax (631)208-4034 r " 4w Office of the Town Clerk Diane M. Wilhelin, Town ,ler Registrar of Vital Statistics Records Management Officer Marriage Officer April 5, 2023 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board on April 4, 2023. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm townofriver'headn ov. #9- Resolution #273—Adopted 4/04/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 301 ATTACHMENT 3 TO ADD NOTATION FOR TIER II ATTERY ENERGY STORAGE SYSTEMS Signature: .....:... Date: ✓ Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue- Riverhead, New York 11901--(631)727-3200 Ext. 260-Fax (631)208-4034 w Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 5, 2023 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board on April 4, 2023. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelrn townotriverheadn , ov. #10- Resolution # 274—Adopted 4/04/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 301 ATTACHMENT 2 TO ADD NOTATION,TPR TIER 14BATTERY ENERGY STORAGE SYSTEMS g Signature:.. Date: Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue— Riverhead, New York 11901(631)727-3200 Ext. 260-- Fax (631)208-4034 r w M�. Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 5, 2023 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board on April 4, 2023. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wiltielni@townofriverlieadnv.gov. #11- Resolution #275—Adopted 4/04/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301, PART 3. SUPPLEMENTARY REGULATIONS, TO INCLUDE ARTICLE LIID BATTERY ENERGY STORAGE SYSTEMS Signature: 4L Date: 5 - g - � Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue-- Riverhead, New York 11901-- (631)727-3200 Ext. 260 — Fax (631)208-4034 >JI Office of the Town. Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer ,April 5, 2023 Honorable Town Clerk: Your response to this -letter will acknowledge.receipt of the attached resolution adopted by the.Riverhead Town Board on April 4, 2023.. Kindly please sign and email back to the.Riverhead Town Clerk, Diane Wilhelm at,wilheim -townofriverheadnv.goV. #6- Resolution 0 270—Adopted 4/04/2023 ADOPTS.A LOCAL LAW AMENDING CHAPTER 205:OF THE RIVERHEAD TOWN, CODE ENT. ED "AL ,OHQLIC BEVERAGES" Signature: Date- Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue— Riverhead,.New York 11901—(631)727-3200 Ext. 260—Fax (631)208-4034 pf 31 • Office of the Town Clerk Diane M. Wilhelm, Town' Clerk Registrar of Vital Statistics Records-Management Officer Marriage.Officer April 5, 20.23 Honorable7oWn Clerk: Your r respopise to this letter will acknowledge receipt of the.aftached resolution adopted by the Riverhead Town Board,on April 4, 2023. Kindly please sign and email, back.to,the Riverhead Town Clerk, Diane Wilhelm at Wilheim(c7t6whofrivo'rhebdnv.qb #7- Resolution 4 271—Adopted 4/04/2023 ADOPTS A LOCAL, LAW AMENDING .CHAPTER 297 OF THE RIVERHEAD TOWN CODE ENTI . E "Z R TOLERANCE ZONES" Signature: Date: 23 Sincerely; Diane M. Wilhelm Town Clerk OW-cd 200 Howell Avenue— Riverhead, New York 11901—(631)727-3200 Ext. 260—Fax (631)208-4034 r Office of the Town Clerk Dianne M. Wilhelm, Town Clerk Registrar of Vital Statistics Records.Management Officer Marriage Officer April 5, 2023 Honorable Town Clerk: Your response to this:letter will acknowledgel receipt of the attached resolution adopted by the Riverhead Town Board on April.44, 2023. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at Wilhelm(cr�.townofriverheadny.gov. #8- Resolution #272—Adopted.4/04/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 247 OF THE RIVERHEAD TOWN CODE ENTIT - "LOITER 'NG" Signature: Date: s ✓ ���� Sincerely, /S� ) ,- Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue- Riverhead, New York 11901(631)727-3200 Ext. 260—Fax (631.)2084034 Offfice of the Town. Clerk Diane M. Wiffielift, 'own Clerk Registrar of Vital Statistics Records-Management Officer Marnage Offiddr, April 5, 2023 Honorable Town Clerk: Your response to this letter will acknowledge receipt of theattached resolution adopted by the Riverhead Town Board on April,4, 2028. Kindly please sigh�and email - back to the Riverhead Town Clerk, Diane Wilhelm at wilhelrii@townofriverheadny.gov.townofriverheadny.Q6v. #9- Resolution 4 2-73—Adopted 4/04/2023 ADOPTS A LOCAL LAWAMENI)MG CHAPTER 3.01 ATTACHMENT 3,TO ADD NOTATION FORT I IER'.11. ATTERY ENERGY STORAGE SYSTEMS Signature.: AT Date: Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue,— Riverhead, New York 11901—(631)727-3200 ExL 260—Fax (631)2084034 A Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar,of Vital-Stafistics Records Management Officer Marriage.Offiqeri April 5, 202.3 Honorable Town Clerk: Your response to this letter will acknowledge receipt of,theattached resolution' adopted by the Riverhead Town Board on April 4, 2023. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at-wilheim(o),townofrivbrhe'adnv,g*ov. #10m Resolution #1274--Adopted 4/04/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 301 ATTACHMENT 2 TO ADD NOTATIO RTIER BATTERY ENERGY STORAGE SYSTEMS, Signature: Date: Sincerely, Diane.M. Wilhelm Town Clerk DW:cd 200 Howell Avenue— Riverhead, New York 11901—(631)727-3200 Ext, 260— Fax. (631.)20. 8-4034 Office of the Town, Clerk Diane M. Wilhelm, Town Clerk Reglisitrar of Vital Statistics Records Management.Officer Marriage Officer April 5, 2023 Hohbtable Town Clerk: Your.response to this:'letterwillacknowledge receipt-of the attached resolution adopted by the Riverhead Town Board on April:4.2023. Kindly p!eO$e sign and ernaJI back to the Riverhead Town Clerk, Diane WilhOlrh at Wilhelm*(cD-townofriverheadnv.qov. #11- Resolution if275—Adopted 4/64/202A ADOPTS A LOCAL LAW TO AMEND CHAPTER 301, PART 3. SUPPLEMENTARY REGULATIONS, TOINCLUDEARTICLE LIID BATTERY ENERGY STORAGE SYSTEMS; Signature,. Date:. Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue—Riverhead, New York 11901—(631)727-3200 Ext. 260—Fax (631)208-4034 Office of the Town Glerk. Diane M. Mlhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 10, 2023 Suffolk.County Planning Department L.J. State Pork commission Town of Southold Town of Southampton Town of Brookhaven EN.CLOSED HEREWITH please find the following resolution which was adopted by the r, Rivehead ToWn Board at 8 Regular Town Board meeting on May 17,:2023 Resolution# 373 —Adopted 5/1112023 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PU'BLIC NOTICEJO CONSIDER A LOCAL LAW TO AMEND CHAPTER 289-17 OF F THE RIVERHEAD TOWN CODE � lf you have:any questions, please call Carol Del Vecchio at 631-727-!3200, Ext.2621, 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 51 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer I May 19,20,23. Honorable Town Clerk: Your res ns to.thi '16fter,will acknowledge receipt of the attached tbsolUfion adopted by th. RiV rh a Town Board, Kindly please sigh and e,rl)ail back t6the -Riveehoad.T n e i, Wilhelm at wilhelm(a-)-townofriverhe-ad'ny.,Ciov. Signature:: Date: - RdgUI&Town.Board Meeting:May 17; 2023, 6:001PU ENCLOSED HEREWITH! please f ind.the following resolution which was adopted by the Riverhead',Town Board at a Regular Town Board meeting on May 17, 2023. Resolution .#$73,—Adopted 5/1.7/2023 AUTHORIZES TOWN CLERK TO PU,B,L[S,H,AND POST PUBLIC'NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 289-17 OF THE RI,VERHEAD TOWN CODE Sincerely, Diane K Wilhelm Town Clerk DW:cd 200 Howell Avenue— Riverhead, New York 119'01—(631)727--3200 Ext. 260 Fax (631)208-4034 9.36 0.5.17.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-373 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 289-17 OF THE RIVERHEAD TOWN CODE Councilman Kern offered the following resolution, which was seconded by Councilman Hubbard RESOLVED, that the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 289-17 of the Riverhead Town Code entitled, `.`Parking time limited"once in the May 25th issue of the.News-Review Newspaper, the'newspaper hereby designated as the official newspaper'for this purpose, and also to cause a copy of'the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that the Town-Clerk be.and is hereby directed to forward a copy of this resolution to the Office of the Town Attorney; and RESOLVED., that all Town Hall Departments may review and obtain a copy of this resolution ftom 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: ADOl?TED.[UNANIMOUS]. MOVER; . Robert Kern,-Councilman , SECONDER:., Titii`Hubbard, Councilman' : Aguiar, Hubbard,40yrodt.,Jr.; Rothwell; Kern„ Packet Rg.'130 9.36.a. c §289-17 ParkingtimeIimited. � a Parking is hereby prohibited for longer than the time limit designated upon any of the following-described streets,,;or portions thereof, and parking fields: S A Pi#ee F*R^Jte Time periods less than one hour. 0 (1)The parking of vehicles for a period longer than,15 minutes is.prohibited in the:.following locations: Street Side Location .n Railroad Avenue South Between Cedar Street and Osborne Avenue a- a� (2)The parking of vehicles for a period longer than 15 minutes is prohibited in the following locations between the hours of 9:00 a.m. and 5:00 p.m., Monday `o through Saturday: Name of Street Side Location East Main Street North Two marked parking stalls located in front of the property now.known as SUM Nos.0600-129-1-8.2 East Main Street South Two marked parking stalls located in front of property now known as SCTM Nos.0600-129-4-3 and'12 c _. . .........., ..,_..,,_.._._._.. .... ............ . ....:......... . N ._...... East Main Street South Two marked parking,stalls located in front of property now known as SCTM Nos.0600-129=1-21 West Main Street North Two marked parking stalls located in front of property now known as SCTM Nos.0600-128-6-21.and 22 C4 N L y Q. (3)The parking of vehicles for a period longer than 30 minutes is prohibited in the following locations: r U Name of Street,, :,'.Side, Location North County Road-parking lot(Tax Map = The 4 parking spaces situated north of the duck ponds,2 spaces on each side of the designated"Handicapped . No.49.-2-14) Parking" c _................................ . ...... .. ...._................. . E Q B. One hour. The parking of vehicles for a period longer than.one.hour between the hours of 9:00 a.m. and 5:00 p.m., except Sundays and holidays, is prohibited i the following locations: ►� Street Side LocationLL . Main Street, Jamesport South From its intersection with.the east curbline of South Jamesport Avenueto a point 500 feet east (Route 25) ................. ............................... .........................._ cu . ..._..................... .......... cu Packet Pg. 132 Street Side Locntian E Ostrander Avenue East From its intersectionwithi the northeasterlyside of East.Main Street continuing in a northerly direction to its. o intersection with.Second Street- 1 Parking lot east of East The.6:parking..spaces situated south of Route;25 immediately next to'the frst 2 spaces which-are designated as �. Salvation Army "Handicapped Parking" : _..:.............-.... Y........_.........:_..:...... ... ......._.. .... - _.__...__................... Pulaski.Street Both Between Osborne.Avenue and S.weez .Avenue M' _.._.._.. _ . _. ... . _ . _. . _........... .; . ...... . n Railroad Street South Between.Gri�ng Avenue and Osborne Avenue a Avenue Roanoke _ ._. . .. . . .... ... ...... .........._..............._............ 18 parking stalls as designated on the Official Map on file with the Town Clerk parking.lot on the east o side of Roanoke Avenue 5: (Tax Map No. 128-6- Q. 66.4) Main Street(Route 25) Both Between its intersection with Osborne Avenue and its intersection with Ostrander Avenue,except where parking, standing or stopping is prohibited.by State Traffic Commission order and except as otherwise set forth herein abo• v at Subsection A North County.Road _ The 2 parking spaces situated in the north west portion of the parking lot against the east.curbline of Sound Road o, parking lot(Tax Map co L No.49.-2-14) CL R r U O. c m E M m E Q X m F- 5: LL C GS U R s+ Packet•Pg.,?133 ti TOWN OF RIVERHEA:D PUBLIC NOTICE co L Q� 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 61h day of June;:2023 U at or about 2:05 p.m.to consider a proposed.local law amending Chapter.289-17 ofthe Riverhead V Town Code entitled, "Parking time linnited". The intent of the proposedlegislation:is to-add.two E �t (2) one-hour parking spots :and four (4) thirty-minute parking spots in the North County Road .o parking:lot(Tax Map No.49,-2-14)� o a. PLEASE TAKE FURTHER NOTICE 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 s Clerk;.200 Howell Avenue',Riverhead,New York:11901,between the hours of 8:30 a.rri:and 4::3.0MA 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 May 17, 2023 Town Board Meeting. N 0 :Dated: _Riverhead,New York Q May,17,2023 M N M M N O .N. BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE"M.WILHELM,Town Clerk co L 4� Q R U 0 .41 c m c m Q c 0 a U a L. O U O z' _U .f2 7 a c m E v a ' Y JJ a Packet Pg:13.4' ,I!'v I . tl M4sIk'lt,,,�MW'CNUM Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 2, 2023 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 1, 2023 #14- Resolution # 585 —Adopted 8/01/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 263 OF THE RIVERHEAD TOWN CODE ENTITLED "RENTAL DWELLING UNITS" 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 ,y 5a�4rni°w4ie'r�s eii.'raa�.»um..., ;, Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 2, 2023 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: Regular Town Board Meeting August 1, 2023, 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 1, 2023 #14- Resolution # 585 —Adopted 8/01/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 263 OF THE RIVERHEAD TOWN CODE ENTITLED "RENTAL DWELLING UNITS" Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New"'cork 11901 (631)727-3200 Ext. 260 w Fax (631)208-4034 11.25 08.01.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-585 ADOPTS A LOCAL LAW AMENDING CHAPTER 263 OF THE RIVERHEAD TOWN CODE ENTITLED "RENTAL DWELLING UNITS" Councilman Hubbard 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 to amend Chapter 263 of the Riverhead Town Code entitled "Rental Dwelling Units"; and WHEREAS, a public hearing was held on the 18th day of July 2023 at 2:05 p.m. at 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 amendment is a Type 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 263 of the Riverhead Town Code entitled "Rental Dwelling Units" 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 Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, 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: Tim Hubbard, Councilman SECONDER: Frank Beyrodt Jr., Councilman AYES: Aguiar, Hubbard, Beyrodt Jr., Rothwell, Kern Packet Pg. 166 4- 0 TOWN OF RIVERHEAD NOTICE OF ADOPTION N G) PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted ca a local law to amend Chapter 263 of the Riverhead Town Code entitled, "Rental Dwelling Units" at its regular meeting held on August 1, 2023. The intent of the proposed amendment is to remove extraneous language relating to application for and issuance of heretofore discontinued seasonal rental permits. E A copy of the entire text of the adopted local law and the provisions of the existing CU I law to be amended may be reviewed at the Office of the Town Clerk, 200 Howell Avenue, U Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday 0 -j through Friday and can be accessed on the Town of Riverhead website at: 0- www.townofriverheadnV.qov under the Agenda and Minutes for the July 6, 2023 Town 0 Board Meeting. co CD Dated: Riverhead, New York August 1, 2023 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk D M LU I- n z 0 I— n 0 LL 0 LU C) 0 (D E Packet Pg. 168 Chapter ����, [����f��| ������||'�F1 U�'f� -- ' —r - --- - Rental' -- '�' �� Units E � � § 263-5. OO|''caf' ]n for rental occupancy permit. � -^ A. An application for a rental occupancy permit for a rental dwelling unit shall be made in writing to _0 the Code Enforcement Official on a form provided therefor. Such application shall be filed and shall CL include the following: '0 ' (1) The name, address and telephone number of the owner of the dwelling unit intended for rental LO 00 occupancy. In the event that said dwelling unit is owned by more than one individual or entity, each owner's name, address and telephone number shall be provided. In the event that the owner of the �� dwelling unit intended for rental occupancy isa corporation, partnership, limited-liability company or C! other business entity, the name, address and telephone number of each owner, officer, principal, ahuneho|der, partner and/or member of such business entity nheU be provided. In the event that the owner has an authorized agent acting on his behalf, that person's name, address and telephone c� number shall also beprovided. /2\ Proof ofresidency ofeach owner. (3) The street address and Tax Map designation (section, block and lot or lots) of the premises intended for nanto| occupancy orthe premises in which the rental dwelling units intended for � occupancy are located. 0 (4)A description of the structure, including the number of rental dwelling units in the structure. (5)An accurate and legible floor plan drawn with a straight edge in ana|e, including all floor levels and basement, neatly done which must include interior dimensions of all room vva||s and uses of all � roome, i.e., ha||vvaya, kitohene, bathroomo, foyera, closets and any other common spaces; window locations °- |onadonsandsizesfors|eepingroome; doordimanoiona. |ooationsofsmokndetnctoraandoarbon monoxide alarms. The exterior outline and dimensions of the floor plans are to reasonably match the property survey. CL (6) The number of persons intended to be accommodated by, and to reside in, each such rental < Lq dwelling unit. - (7)The name ofeach person that inand/or vviUbeoccupying the premises intended for rental �� `~ occupancy. (8)A copy of the most recent deed and real property tax bill, confirming the ownership of record of the dwelling unit. � (9)A copy of the certificate of occupancy or certificate of existing use for the dwelling unit. o (10)A property survey of the premises drawn to scale not greater than 40 feet to one inch or, if not shown on the su/v*y, a site p|on, dnovvn to oca|e, ahnvvinQ all bui|dings, structunea, wm|ko' driveways � ry and other physical features ofthe premises and the number location. �� proposed on-site vehicle parking facilities. N (11) Proof of an existing policy of homeowner's liability insurance. Acceptable forms of proof shall include: CL CU (a)A letter from the insurer or agent certifying ooverage, including the effective dates of the policy; (b)Acopy ofthe full insurance policy; (c)A declaration page listing the property address, owner of record, coverage limits and effective dates ofthe policy. (12) Each application shall be executed by and sworn to under oath by the owner of the dwelling unit. ~� 11.25.b (13) If the owner or authorized agent of a dwelling unit resides or has his principal place of business located outside the County of Suffolk, he is required to designate an agent who resides in the County of Suffolk for the service of process of any notices set forth in this chapter or for the service a of process of a violation of this chapter. The failure to provide the name and address of an agent for E service of process shall be deemed a violation of this chapter. . 75- U O _I a n O LO m (2)A FeRtal dwelling unit that ORIY epeFates dUFiRg a ORG h6lRdFed fifty day peried- in the Menths 9 h! CO May, jURe, july, August and SeptembeF shall be Fequ;Fed te file a new applir.atie—n fA-.r-A reE O B. In the case of a condominium unit, the application for a rental occupancy permit shall be accompanied by a scale drawing or floor plan of the condominium unit in lieu of a survey or site plan. C. Each application for a rental occupancy permit shall be accompanied by an affidavit, signed by each owner and tenant named in the application, confirming that they have received copies of all Town laws and ordinances affecting rentals, noise, vehicle parking restrictions on residential lots and 0 CU refuse disposal and agree to abide by the same. D. Notwithstanding the above, no rental occupancy permit shall be required for agricultural worker housing as defined in § 301-3 of the Riverhead Town Code. o E. Notwithstanding the above, no rental occupancy registration or permit shall be required for a residential care facility established under federal, New York State or Suffolk County guidelines or for o units where occupants are in an established care program. F. Notwithstanding the above, no rental occupancy permit shall be required for any commercial hotel/motel business operating exclusively and catering to transient clientele, that, is customers who < customarily reside at these establishments for short durations for the purpose of vacationing, travel, �? business, recreational activities, conventions, emergencies and other activities that are customary to LO a commercial hotel/motel operation, except that the exemption in this Subsection G shall not apply to any commercial hotel/motel whose primary purpose is to provide permanent residences to its c customers as defined in this chapter. D c 263-6. Fees. 0 A. A nonrefundable rental permit application fee shall be paid, upon filing an application or renewal application, in accordance with the fee schedule established by resolution of the Town Board of the � Town of Riverhead. M B. The fee required by this section shall be waived for any applicant who demonstrates that the N dwelling unit is occupied by the immediate family of the owner of the dwelling unit as defined in this chapter. CU C. Any commercial hotel/motel business operating exclusively and catering to transient clientele, that, is customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities °' E that are customary to a commercial hotel/motel operation, shall be exempt from the fee required by this section. For the purposes of this chapter, a "short duration" shall be defined as not more than 21 CU consecutive days. The exemption in this Subsection C shall not apply to any commercial hotel/motel Packet Pg. 170 11.25.b whose primary purpose is to provide permanent residences to its customers, and they shall pay a biennial fee based upon the number of rental units, as established by resolution of the Town Board of the Town of Riverhead. For the purposes of this chapter, "permanent residence" shall be defined a as more than 21 consecutive days. E <C July, August and SeptembeF enly shall pay a bieRRial fee as established by FeselutieR ef the TeWR ca U O § 263-8. Review of application; inspections and issuance of permit. LO A. The Code Enforcement Official (CEO) or his designee shall review each application for � completeness and reject incomplete applications. The Code Enforcement Official (CEO)shall create and approve the application requirements in accordance with this chapter. N B. Upon properly filing a completed application with the Rental Housing Division, the Code , Enforcement Official (CEO) shall grant a rental occupancy registration valid for 90 days. C. Inspection report. Within 90 days of receiving a temporary rental occupancy registration, the a owner of the rental dwelling unit shall: (1)Arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official (CEO) or his designee employed by the Town of Riverhead, or (2) Provide to the Code Enforcement Official (CEO) an inspection report designed and approved by the Code Enforcement Official (CEO), signed by either: (a) a New York State licensed professional engineer; (b) a New York State licensed architect; or(c) a home inspector, provided (a) (b) or(c) have a valid New York State Uniform Fire Prevention Building Code certification either as a Building ry Safety Inspector or Code Enforcement Official that the structure and the dwelling units contained o therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and _ regulations. Upon receipt of the approved inspection report, the Code Enforcement Official (CEO) shall issue a rental occupancy permit valid for twe one years from the date of the issuance of the CZ temporary rental occupancy registration. D. Any owner for which a ninety-day valid rental occupancy registration has expired and who has ¢ failed to arrange for an approved method of inspection pursuant to § 263-8C of this chapter will be U administratively penalized and charged a reregistration submittal fee $100 per rental unit. No rental occupancy permit will be processed until such fee is paid. E cn a c w 6, co lV L tS3 U a� E U fC a- .ar Q Packet Pg. 171 fFlttlyQyy4lU j1.„yttfiY» office of the ToWn Clerk Mane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 2, 2023 Honorable Town Clerk: Your resp o se to this le#ter will acknowledge receipt of the attached resolution adopted bythe ive ead ow oard. ,Kindly please sign and. email back to the Riverhead To .n Cl rk, an ilhelm at wllhelm townofriverhe do ov. Signature: Dater lql3,1 12� Regular Town Board Meeting August 1,2023, 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 1, 2023 #14- Resolution #585 —Adopted'8/01/2028 ADOPTS A LOCAL LAW AMENDING CHAPTER`263,OF THE RIVERHEAD TOWN CODE ENTITLED "RENTAL DWELLING UNITS" Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue— Riverhead, New York 11901—(631)727-3200 Ext. 260 — Fax (631)208-4034 11.25 08.01.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-585 ADOPTS A LOCAL LAW AMENDING CHAPTER 263 OF THE RIVERHEAD TOWN CODE ENTITLED "RENTAL DWELLING UNITS" Councilman Hubbard 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 to amend.Chapter 263 of the Riverhead Town Code entitled.",Rental Dwelling Units";.and WHEREAS, a public hearing was held on the 18th day of July,2023 at 2:05 p.m. at 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 amendment is a Type II action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED; that a local law;amending Chapter 263 of the Riverhead Town Code entitled "Rental Dwelling Units 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 Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, 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 RES,ULl' ..: ADO,FTED';[UNANIMOUS] , MOUERr , TimHukbartl;C.quricilmar : ` SEC,ONDE"R; -.O..rank.tB.eyrodt";) ""Co'uncilman . ;AYES::: Agyiar,.Hubbard,;Beyrodt.ar:,":,Rothwell;Kern ` TOWN OF RIVERHEAD. M NOTICE OF ADOPTION N L QI PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted C a local law to amend Chapter 263 of the Riverhead Town Code entitled, "Rental Dwelling �. Units" at its regular meeting held,on August:1, 2023. The intent,of the proposed amendment is C' to remove extraneous language relating to application for and issuance of heretofore discontinued seasonal rental permits. a A copy of the entire text of the adopted local law and the provisions of the existing law to be amended may be reviewed at the Office.of:the Town;Clerk,20.0 Howell Avenue, R 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:' Q www.townofriverheadny.gov under the Agenda and Minutes for .the July 6, 2023 Town Q Board Meeting. Ln 00 M cV Dated: Riverhead, New York August 1, 2023' c 0 BY O.RDER:.OF THE'TOWN BOARD N OF THE TOWN OF RIVERHEAD DIANE M. WILHELM;Town Clerk O) C m O c m cfl M N ry I— R Q S U z O a O Q O w U O z c a E U Q Packet Pg.:168 �11�25.b. c z Chapter 263. Rental Dwelling Units Q CU 263-5. A cation for rental occupancy 3 § pPlipermit. p Yp U U A. An application for a rental occupancy permit for a rental dwelling unit shall be made in writing to _0 the Code Enforcement Official.on a form provided therefor. Such application shall be filed and shall a include the following: Q (1)The name, address and telephone number of the owner of the dwelling unit intended for°rental LO occupancy. In the event that said dwelling unit is owned by more than one individual or entity, each 42 owner's name, address and telephone number shall be provided. In the event.that the owner of the- o dwelling unit intended for rental occupancy is a corporation, partnership;.limited=liability company or other business entity,the name, address and telephone number of each owner, officer, principal,, shareholder, partner and/or member of such business entity shall.be provided. In-the event that the E owner has an authorized agent acting on his behalf, that person's name, address and telephone Q number shall also be provided. (2) Proof of residency of each:owner. ro (3)The street:address and Tax Map designation (section, block and Ibtor lots):of the premises intended for rental occupancy or the premises.in which the rentaldwelling units intended for o occupancy are I'ocated., (4)A description of the structure, including the number of rental dwelling units in the structure. (5)An accurate and legible floor plan drawn with a straightedge in scale,.including all floor levelsQf and basement, neatly done which must include interior dimensions.of all room walls and,uses of all o rooms, i.e.,,hallways, kitchens, bathrooms,foyers,closets and any other common spaces;window c locations and sizes for sleeping rooms; door dimensions, locations of smokedetectors and carbon monoxide alarms. The exterior outline and.dimensiohs.of the floor plans are to reasonably match the property,survey. a CL (6)The number of persons intended to be.accommodated by; and,to reside in, each such rental Q dwelling.unit. M (7)The name of each person that is and/or will be occupying the premises intended for rental occupancy. Fental GGGPpa:qpy shall 99;be required if he FeRtal dwelling�unit only epei:a�es dydng a thiFty day te a • rn (8)A copy of the most recent deed and real propertytax bill, confirming the ownership of record of the dwelling unit. (9)A copy of the certificate of occupancy or certificate:of existing use for the dwelling unit. o (10)A property survey of the premises drawn to scale not greater than 40feet to one inch or, if not .shown on the survey, a site plan, drawn to scale, showing all buildings,'structures,walks, driveways and other physical features of the premises and the number, locatiod and access of existing and proposed on-site vehicle parking facilities. N (11) Proof of an existing policy of homeowner's.liability insurance.Acceptable forms of proof shall ; include: n- m (a)A letter from the insurer or agent certifying coverage, including the effective dates of the policy; � U (b)A copy of the full insurance policy; w (c)A declaration page listing the property address, owner of record, coverage limits and effective dates of the policy. (12) Each application shall be executed by and sworn to under oath by the owner of the dwelling B unit. c P..aeket:Pg:;169., ,11,.25ai (13) If the owner or authorized agent of a dwelling unit resides or has his principal place of business- located usiness located outside the County of Suffolk, he is required to designate an agent who resides in the c County:of Suffolk for the service of process of any notices set forth in this chapter or for the service � of process of a violation of this chapter. The failure to provide the name and address of an agent for E service of process shall be deemed a violation of this chapter. a, B. New . cr 0 a.dWbIling .. 4kN4 a v the . , , . .. Q pb�Mit 8 Rew tenant er-ether-persen to take up residenee. Ne add'+in A11 fPn will hn . J if the 00 . MitlN O N Said FORWI .., .. R9 uRi�f9F a pe.ried ef 3Q.GGRGGGUW.3dqysy=, E ars GXist+ a B. In the case of a condominium unit, the application fora.rental.occupancy permit shall be accompanied by a scale drawing or floor plan of the.condorriinium unit in lieu of a survey or:site plan. C. Each application for a rental occupancy permit shall be accompanied by an.affidavit signed by each owner and tenant named in the application, confirming that they have received.copies of all L) Town laws and ordinances affecting,rentals, noise, vehicle parking restrictions on residential lots and 0 refuse disposal and agree to abide by the same. D. Notwithstanding the above, no rental occupancy permit:shall.be required for agricultural worker housing as defined in §301-3 of the Riverhead Town Code. o E. Notwithstanding the above, no rental occupancy registration or permit shall be required.for a residential care facility established under=federal, New York State or Suffolk County guidelines or for units where occupants are in an established care.program. CO F. Notwithstanding theabove, no rental occupancy permit shall be required for any commercial Q. hotel/motel business operating exclusively and catering to transient clientele,that, is customers who C customarily reside at these establishments for short durations for the purpose of vacationing,travel, 'n business, recreational activities, conventions, emergencies and'other:activitie5 that are customary to N a commercial hotel/motel operation, except-that the exemption in this Subsection G'shall not apply,to cn any commercial,hotel/motel whose primary purpose is to provide permanerit residerices.to its customers as:defined in this.chapter. rn c 263-6—Fees. n A.A nonrefundable rental permit application fee shall be paid, upon filing an application or renewal application, in accordance with the fee schedule established by resolution of the Town Board of the Town of Riverhead. M B. The fee required by this section shall be waived for any applicant who demonstrates,that the N. dwelling unit is occupied by the immediate family of the.owner of the dwelling unit as defined in this a chapter. �n C.Any commercial hotel/motel business operating exclusively and catering to transient clientele,, that, is customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities E that are customary to a commercial hotel/motel operation, shall be exempt from the fee required,by this section. For the purposes of this chapter, a "short duration"shall be defined as not more than 21 y consecutive days. The exemption in this Subsection C shall not apply to any commercial hotel/motel Q Packet Pg. 17 0 Whose primary purpose is to provide permanent residences to its customers, and they shall pay a o, biennial fee based upon the number of rental units, as.established by resolution of the Town"Board of the Town of Riverhead. For the purposes of this chapter, "permanent residence"shall be.defined as more than 21 consecutive days. �E july,August,and September GRly shall POYa biehRial foe ab es:tablishbd by resolution of the TGWR ca J • a U' O § 263-.8. Review of application; inspections and issuance of permit. LO A. The Code Enforcement Official. (CEO)or his designee shall review oath,application'for co completeness and reject.ftb replete applications.The Code Enforcement Official(CEO)shall create cMv and approve the,application requirements in accordance with this chapter. B. Upon properly filing a.completed application with the Rental Housing Division, the.Code .Enforcement.Official (CEO)shall grant a rental occupancy registration valid for 90 days. �. C. Inspection report,..Within 90 days of receiving a temporary rental occupancy registration;the Q owner of the rental dwelling unit shall: (1)Arrange for an inspection of the unit or units and the premises on which the same are.located by the Code Enforcement Official (CEO)or his designee employed by.the Town.of Riverhead;or J (2) Provide to the Code Enforcement Official (CEO)an.inspection report.des.igned,and approved"by the Code:Enforcement Official (.CEO), signed by either: (a)a New York-State licensed professional .O engineer; (b)a New York:State licensed architect; or(c)-a.home inspector; provided:(a)(b)or(c) have a Valid:New York State Uniform.Fire Prevention Building Code certification,either as.a Building Safety Inspector or Code Enforcement Official that the structure and the.dwelling units contained o therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and 4- regulations. Upon receipt of the approved inspection report, the Code:Enforcement Official (CEO) shall,issue.a:rental occupancy permit valid for tws one years from the date of.the issuance of the 'temporary rental occupancy registration. CL D. Any owner for:which a ninety-day valid rental occupancy registration has expired and who has B failed to arrange for an approved method.of inspection pursuant to§262=-K of this;chapter will be 0 administratively penalized and charged a reregistration submittal fee$.1.00 per rental unit. No rental N occupancy permit will be processed.until such fee is paid. cn, .E a� 0 c M to N L d 0- M M U w% C d t U Y .Packet Pg::171' r •, ctirrkny,an+i iun�"twu , ♦ j 1"Tlce of the Town clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 2, 2023 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 1, 2023 #14- Resolution # 585 —Adopted 8/01/2023 ADOPTS A LOCAL LAW AMENDING CHAPTER 263 OF THE RIVERHEAD TOWN CODE ENTITLED"RENTAL DWELLING UNITS" If you have any questions, please call Carol Del Vecchio at 63.1427-3200, 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)2084034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 17, 2023 Honorable Town .Clerk: Your response thi letter ill:acknowledge receipt.of the attached resolution adopted by the Rive .ea n oard. Kindly please sign and email back to the Riverhead-Town i e i m at wilhelm townofriverhe n . Signature:. Date: / Regular Town Board Meeting August 1*5,.2023, 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 August 15,.2023 417- Resolution# 628 Adopted 8/15/2023 ADOPTS A LOCAL LAW AMENDING .CHAPTER 289-10 OF THE RIVERHEAD TOWN CODE ENTITLED, PARKING PROHIBITED-PENINSULA PATH Sincerely, /OL�ujl- :Xlu— Diane M. Wilhelm Town Clerk DW:cd 1 200 Howell Avenue-r Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 17, 2023 Honorable Town Clerk: Your rrespon . to is er will acknowledge receipt of the 'attached resolution 'e adopted by the erh d wn Board. Kindly please sign-and emai back to the Riverhead To le ilhelm at Wilhelm townofriverhea aov Signature. Da1e: , Regular Town Board Meeting August 15, 2023;*6:0.0 PM ENCLOSED HEREWITH please find the followin.g,resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on August 15, 2023 #15- Resolution # 626—Adopted 8/15/2023/2023 ADOPTS A LOCAL LAW AMENDING-CHAPTER 117 OF THE RIVERHEAD TOWN CODE ENTITLED "MANDATORY SURCHARGES AND THE.APPROPRIATION OF 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 ,+ x v 1, 'Fk Y1 M4M111Y1�,�M5,11* ' ffice of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 6, 2023 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 3, 2023 Resolution # 690 —Adopted 10/3/2023 RATIFIES AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW IMPOSING A THREE (3) MONTH MORATORIUM ON THE DEVELOPMENT OF TIER II BATTERY ENERGY STORAGE SYSTEMS WITHIN 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 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()..townofriverheadny.gov. Signature: Date: 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-690 RATIFIES THE AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW IMPOSING A THREE (3) MONTH MORATORIUM ON THE DEVELOPMENT OF TIER II BATTERY ENERGY STORAGE SYSTEMS WITHIN THE TOWN OF RIVERHEAD Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, as discussed in the Legislative Intent of Local Law 11 of 2023 (adopted via Town Board Resolution 2023-275), The Battery Energy Storage System Law was adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Riverhead by creating regulations for the installation and use of battery energy storage systems, with the following objectives: To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems; To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; and to mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and WHEREAS, recently, there has been a significant amount of public concern regarding the potentially volatile nature of lithium-ion batteries and the fear that operation of this type of land use will pose a threat to the health, safety and welfare of the public including the impact upon the surrounding roadways, infrastructure, and the orderly evacuation of improved areas if necessary; and WHEREAS, On or about July 28, 2023 the Governor of the State of New York announced the creation of a new Inter-Agency Fire Safety Working Group to ensure the safety and security of energy storage systems across the state following fire incidents at Battery Energy Storage Facilities in Jefferson, Orange, and Suffolk Counties; and WHEREAS, On or about August 28, 2023 the Riverhead Fire District Board of Fire Commissioners requested the imposition of a moratorium on Battery Energy Storage Systems (BESS) within the Town of Riverhead related to fire safety concerns; the safety of Riverhead volunteer firefighters; impacts on water supply; as well as associated impacts of BESS facilities on waterbodies. The Riverhead Fire District further advised that further time is necessary to understand the complexity of the stated issue and ensure that the Riverhead Fire Department and neighboring departments have sufficient time and resources to train its membership in conjunction with the Findings of the Governor's Fire Safety Working Group; and WHEREAS, the Town seeks to fulfill its obligation and assert the authority vested to the Town granted and set forth under Home Rule Law and such other provisions of law, to analyze impacts and potential liabilities, determine an appropriate regulatory Packet Pg. 25 framework for this use, including analyzing impacts and secondary impacts and X0'2 mitigation of said impacts to ensure that locations and operations of Tier II Battery Energy Storage Systems are appropriate within the Town or a particularly zoning district within the Town; evaluate and determine consistency with the Comprehensive Plan adopted by the Town; and WHEREAS, the Town Board of the Town of Riverhead recognizes additional time is needed to re-evaluate and determine appropriate measures or regulations to minimize or mitigate any potential negative impacts; evaluate consistency with the existing and intended update to the Town's Comprehensive Plan; and WHEREAS, additional time is needed for the Town to adopt such additional regulations, local laws, amendment to zoning code, amendment to the Comprehensive Plan; and WHEREAS, for the reasons stated herein, coupled with the Town Board's need for additional information and assurance about the safety of these types of facilities, including, but not limited to, ensuring the technology and availability of equipment necessary for local fire districts to be able to suppress a fire should one occur, precautions related to gas emissions and deterring any necessary fire suppression chemicals from impacting groundwater, and the adequacy of location and other special permit standards for siting these facilities, has persuaded the Town Board to take pause on the Zoning Code and consider the enactment of a Three (3) month limited moratorium for the review and permitting of Battery Energy Storage Systems pursuant to Town Zoning Code §301-283.31 .while these issues are further considered and the law is adequately revised to address any outstanding concerns, including the potential for catastrophic failures and evacuation planning. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby schedules a Public Hearing to be held at 2:00 p.m. on Tuesday, October 3, 2023 at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901 and that the Town Clerk is hereby authorized to publish, in the September 28, 2023 edition of the Riverhead News Review and post such notice of such hearing for the purpose of considering a Local Law to consider imposing a three (3) month moratorium on the acceptance, processing or decision on Tier II Battery Energy Storage Systems pursuant to Town Code §301- 283.31 , by the Riverhead Town Board, the Riverhead Planning Board, or the Riverhead Zoning Board of Appeals, or any other agency, department, or office of the Town of Riverhead; 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_2 RESULT: ADOPTED [UNANIMOUS] 10.2 MOVER: Kenneth Rothwell, Councilman SECONDER: Robert Kern, Councilman AYES: Yvette Aguiar, Tim Hubbard, Kenneth Rothwell, Robert Kern ABSENT: Frank Beyrodt Jr. Packe.,t..Pg. 27 „._ Chapter 304 cu cu "Moratorium on Tier 11 Battery Energy Storage Systems" as per §301-283.31". re SECTION 1. Purpose hd W4-1. Legislative Intent. As discussed in the Legislative Intent of Local Law 11 of 2023 (adopted via Town Board Resolution 2023-275), The Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Riverhead by creating regulations for the installation and use of battery energy storage systems, with x the following objectives: To provide a regulatory scheme for the designation of properties c 0 suitable for the location, construction and operation of battery energy storage systems; To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; and to mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected E resources. Recently, there has been a significant amount of public concern regarding the Potentially volatile nature of lithium-ion batteries and the fear that operation of this type of land use will pose a threat to the health, safety and welfare of the public including the impact upon the surrounding roadways, infrastructure, and the orderly evacuation of improved areas if necessary. w On or about July 28, 2023 the Governor of the State of New York announced the creation of a new Inter-Agency Fire Safety Working Group to ensure the safety and security o energy storage systems across the state following fire incidents at Battery Energy Storage Facilities in Jefferson, Orange, and Suffolk Counties. 0 E On or about August 28, 2023 the Riverhead Fire District Board of Fire Commissioners requested the imposition of a moratorium on Battery Energy Storage Systems (BESS) 0 within the Town of Riverhead related to fire safety concerns; the safety of Riverhead R: volunteer firefighters; impacts on water supply; as well as associated impacts of BESS 0 facilities on waterbodies. The Riverhead Fire District further advised that further time is necessary to understand the complexity of the stated issue and ensure that the Riverhead Fire Department and neighboring departments have sufficient time and resources to train its membership in conjunction with the Findings of the Governor's 3: Fire Safety Working Group. These concerns, coupled with the Town Board's need for additional information and 0 assurance about the safety of these types of facilities, including, but not limited to, ensuring the technology and availability of equipment necessary for local fire districts U- to be able to suppress a fire should one occur, precautions related to gas emissions and deterring any necessary fire suppression chemicals from impacting groundwater, and the adequacy of location and other special permit standards for siting these E facilities, has persuaded the Town Board to take pause on the Zoning Code and .r_u < P --j acket Pg. 29 consider the enactment of a three (3) month limited moratorium for the review and permitting of Battery Energv Storage Systems pursuant to Town Zoning Code §301- 283.31.while these issues are further considered and the law is adequately revised to address any outstanding concerns, including the potential for catastrophic failures and evacuation planning. N D04-2. Definitions. APPLICATION -Any request or application for the development of Battery EnerqV Storage .0 Systems pursuant to §301-283.31, to include any area or use variance applications related to Battery Energy Storage Systems throughout the Town of Riverhead. X304-3. Moratorium. 0 No new land use applications shall be accepted pursuant to D01-283.31, nor shall any pendinq applications continue to be processed or decided by the Town Board, the Planning Board, or the Zoning Board of Appeals, or any other agency, department, or office of the EI Town of Riverhead during the Moratorium Period W4-4. Moratorium Period. U) cu This moratorium shall be in effect during the period between the adoption of this Local Law and for a period of three (3) months following adoption of this local law, and the filing o the same with the Secretary of State. The same may be extended by appropriate action of the Town Board. uj W4-5. Exclusions. as Energy Storage Systems, defined pursuant to W1-283.27, sponsored by or funded by 0 the Town of Riverhead shall be excluded from this chapter. E W4-6. Applications that may be exempted. co 0 (1) Applications may be exempted from the provisions of this Chapter, following a a public hearing on due notice before the Town Board. Upon such application, the Town Board shall consider: CL a. The size of the subject parcel; b. The proximity of the applicant's premises to pine barrens, wetlands, -j -j endangered plant and animal species, wildlife, and other similar environmental concerns; 0 j I- Ll- c. The extent of the proposed development and/or disturbance of the < applicant's premises; d. The environmental significance, if any, of the applicant's parcel and the E proposed development's impact upon the environment, including existing 2 < Packet Pg. 30 transportation resources; rx e. Compatibility of the proposed development with the aesthetic resources of C) the community or with the existing community or neighborhood character; and CNI 0 f. Compatibility of the proposed development with the recommendations of Fl- the 2003 Comprehensive Plan and all adopted Comprehensive Plans and Plan Elements henceforth. (2) In making a determination under this Subsection, the Town Board may obtain and consider written reports from the Planning Department and such other sources as required in the iudgment of the Town Board and consistent with the purpose of this Chapter. A grant of an exemption to an applicant's premises shall include a determination of hardship and unique circumstances which do not generally apply throughout the Town, and a finding that the grant of an exemption will be in harmony with and will not be unduly disruptive to the goals and purposes of the E assessment undertaken pursuant to this Chapter. (3) An application under this subsection shall be accompanied by a fee of$1,000.00 and fifteen (15) copies of the application, together with the applicant's written undertaking to pay all out-of-pocket costs incurred by the Town in studies and/or by retainer of resource personnel relating to the hearing, review, and determination of such application, in form and substance acceptable to the Town Board. LL' §304-7. Statutory Authority/Supersession. 0 This Chapter is adopted pursuant to Municipal Home Rule Law §1 0(l)(ii)(a)(1 1) and (12), and expressly supersedes any inconsistent provisions of Chapter 301 of the Riverhead 2 Town Code, as well as Article 16 of New York State Town Law. In particular, this Local Law shall supersede those provisions of the Town Code and New York State Law which require the Town Board, Planning Board, and/or Zoning Board of Appeals to accept, process and/or approve Applications within specified statutory time periods. SECTION 2. Severability. CU If any section or subsection, paragraph, clause, phrase, or provisions of this law shall be ?., udged invalid or held unconstitutional by any 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 or provision so adjudged to be invalid or unconstitutional. 0 U- SECTION 3. Effective Date. This Local Law shall take effect upon its filing with the Secretary of State pursuant to Municipal Home Rule Law, and shall expire after the three (3) month period after the effective date of the moratorium 3 < Packet Pg. 31 cr 0') ua N OO O E in ay CD M 0 V) >1 M w 0 E 0 0 co a, .1 CL O RS Packet Pg. 32 0 TOWN OF RIVERHEAD PUBLIC NOTICE N co 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 at its regular of meeting held on October 3, 2023 at 2:00 p.m. to consider the adoption of a Local Law 0 entitled, Chapter 304: Moratorium on Tier 11 Battery Energy Storage Systems as follows: The intent of the proposed amendment is to impose a three (3) month moratorium on the acceptance, processing, continued processing of pending applications, or decisions on U) Tier 11 Battery Energy Storage Systems pursuant to Town Code §301-283.31, by the E a) J� Riverhead Town Board, Riverhead Planning Board, Riverhead Zoning Board of 'U) Appeals or any other agency, department, or office of the Town of Riverhead during the Moratorium Period CU CU A copy of the entire text of the adopted local law and the provisions of the existing W 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 Uj through Friday and can be accessed on the Town of Riverhead website at: www.town ofriverh ead n v.,q ov under the Agenda and Minutes for the October 3, 2023 Town CU Board Meeting. Dated: Riverhead, New York September 28, 2023 ca BY ORDER OF THE TOWN BOARD 0 OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk 2 C- CU O (L 0 0 z (D Packet Pg. 33 Office of the Town Clerk .Dime M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage officer October 6, 2023 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 3, 2023 Resolution # 724—Adopted 10/3/2023 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS" 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 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: 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 13.33 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-724 AUTHORIZE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN CODE ENTITLED "VEHICLES TRAFFIC AND PARKING REGULATIONS" Councilman Hubbard offered the following resolution, which was seconded by Councilman Rothwell RESOLVED, the Town Clerk be and is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 289 of the Riverhead Town Code entitled "Vehicles, Traffic and Parking Regulations" once in the October 12, 2023 issue of the News Review newspaper hereby designated as the official newspaper for this purpose; and be it further RESOLVED, that the Town Clerk be and is hereby directed to post a copy of the entire text of the proposed local law and the provisions of the existing law to be amended as attached hereto on the sign board of the Town at 4 West Second Street, Riverhead, New York 11901, for viewing by the public between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and the entire text of the proposed local law and the provisions of the existing law to be amended can be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for the October 3, 2023 Town Board Meeting; and be it further RESOLVED, that the Town Clerk be and is hereby directed to forward a copy of this resolution to the Office of the Town Attorney; and 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: Tim Hubbard, Councilman SECONDER: Kenneth Rothwell, Councilman AYES: Yvette Aguiar, Tim Hubbard, Kenneth Rothwell, Robert Kern ABSENT: Frank Beyrodt Jr. Packet Pg. 135 TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING 0 N� PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York or 4 West Second Street, Riverhead, New York, (location to be determined)on the 17th day of October,2023 0 at or about 6:10 p.m. to amend Chapter 289 of the Riverhead Town Code entitled "Vehicles, a) N Traffic and Parking Regulations". The intent of the proposed amendment is to prohibit parking 0 of vehicles on certain beach area roads unless such vehicles are bearing a valid beach parking permit. N A copy of the entire text of the proposed local law and the provisions of the existing law to co 11� be amended may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, N 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 qov under the Agenda and Minutes for the October 3, 2023 Town Board Meeting. .0 Dated: Riverhead, New York October 3, 2023 0 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM, Town Clerk C: CU a cU co .2 0 0 z E U Packet Pg. 137 13.33.b U_ .L2 Chapter 289 Vehicles, Traffic and Parking a ARTICLE IV a. Parking, Standing and Stopping u� § 289-10. Parking prohibited. 0 The parking of vehicles is hereby prohibited in the locations as follows: U Name of Street Side Location 0 N- Adelia Path Both From a point at its intersection with o Pier Avenue in an easterly direction to its terminus CN c'�v Sound Shore Road Both From a point at its intersection with Pier Avenue in a a westerly direction C�j to a point 1000' hence 0 Smuggler's Path Both From a point at its ° intersection with Pier Avenue in a a� westerly direction to c its terminus � 0 Crow's Nest Drive Both From a point at its Cu intersection with ®- Sea Breeze Drive in a westerly direction to its intersection with U Eight Bells Road m CO Eight Bells Road Both From a point at its intersection with v Crow's Nest Drive southerly to a Cu point at its intersection with Atwater 0 U Street c Q) E U Packet Pg. 138 13,33.b Hornpipe Drive Both From a point at its intersection with CL Sea Breeze Drive in a (n westerly direction to n- its intersection with Eight Bells Road U) xa CL Nautical Drive Both From a point at its o intersection with Sea Breeze Drive in a U westerly direction to its intersection with 0 m— Eight Bells Road 0 Treasure Drive Both From a point at its < intersection with n Park Road in a M westerly direction to 0 its intersection with Eight Bells Road a a� a) § 289-21. Parking by permit. °= 06 0 The parking of vehicles bearing valid beach parking permits is hereby permitted in the following locations where parking is otherwise prohibited: 2 Street Side Location a� ae Adelia Path Both From a point at its intersection with c Pier Avenue in an Cz easterly direction to 0. its terminus -0 Cu 0 Sound Shore Road Both From a point at its intersection with m Pier Avenue in a 0) 00 westerly direction to a point 1000' hence Smuggler's Path Both From a point at its intersection with a Pier Avenue in a U R -5 a-. Packet Pg. 139 13.33.b westerly direction to its terminus e. U) Crow's Nest Drive Both From a point at its ra° intersection with Sea Breeze Drive in a westerly direction to its intersection with rL Eight Bells Road a a� �a Eight Bells Road Both From a point at its intersection with Crow's Nest Drive southerly to a s° point at its intersection with Atwater 0) Street a Hornpipe Drive Both From a point at its M intersection with C) 0 Sea Breeze Drive in a CN westerly direction to a its intersection with a� Eight Bells Road a Nautical Drive Both From a point at its o intersection with Sea Breeze Drive in a westerly direction to 0 its intersection with Eight Bells Road M CL Treasure Drive Both From a point at its a intersection with r0 Park Road in a westerly direction to a� its intersection with Eight Bells Road coN cu v c w E U c6 Packet Pg. 140 4'�Yl bRpyllf#kAAA M'*��41SUA1 �f Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 6, 2023 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 3, 2023 Resolution # 689—Adopted 10/3/2023 RATIFIES AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW IMPOSING A SIX (6) MONTH MORATORIUM ON THE DEVELOPMENT OF PROPERTIES LOCATED WITHIN THE INDUSTRIAL A, INDUSTRIAL B AND INDUSTRIAL C ZONING USE DISTRICTS WITHIN THE HAMLET OF CALVERTON (ZIP CODE 11933) WITHIN 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 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 .. ov. Signature: Date: 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260 10.1 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-689 RATIFIES AUTHORIZATION FOR TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW IMPOSING A SIX (6) MONTH MORATORIUM ON THE DEVELOPMENT OF PROPERTIES LOCATED WITHIN THE INDUSTRIAL A, INDUSTRIAL B, AND INDUSTRIAL C ZONING USE DISTRICTS WITHIN THE HAMLET OF CALVERTON (ZIP CODE 11933) WITHIN THE TOWN OF RIVERHEAD Councilman Hubbard offered the following resolution, which was seconded by Councilman Kern WHEREAS, The Town of Riverhead is experiencing an unprecedented industrial growth within the Hamlet of Calverton which have the potential to create significant impacts to air-quality, traffic congestion, water supply infrastructure, and other potentially significant environmental impacts as well as the potential to cause large scale loss of some of the last remaining forested areas within the hamlet; loss, isolation or fragmentation of remaining open spaces; and loss or isolation of prime agricultural soils and farmland. Furthermore, the present level of industrial growth has the potential to disproportionally affect the low income and minority population residing in proximity to these developments within the Hamlet of Calverton, an identified Environmental Justice area; and WHEREAS, the Town seeks to fulfill its obligation and assert the authority vested to the Town granted and set forth under Home Rule Law and such other provisions of law, to analyze impacts and potential liabilities, determine an appropriate regulatory framework for this use, including analyzing impacts and secondary impacts and mitigation of said impacts to ensure that locations and operations of industrial growth are appropriate within the Town or a particularly zoning district within the Town; evaluate and determine consistency with the Comprehensive Plan adopted by the Town; and WHEREAS, the Riverhead Planning Board, by Resolution #2022-101 unanimously recommended that the Town board implement a Moratorium on development within the Industrial Zoning Use Districts located in Calverton; and WHEREAS, the Town Board of the Town of Riverhead recognizes and seeks to explore whether additional time is needed to re-evaluate and determine appropriate measures or regulations to minimize or mitigate any potential negative impacts; evaluate consistency with the existing and intended update to the Town's Comprehensive Plan and the Town Board views a public hearing as an appropriate forum to receive such information and comments. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby schedules a Public Hearing to be held at 2:00 p.m. on Tuesday, October 3, 2023 at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901 and that the Town Clerk is Packet Pg. 1 hereby authorized to publish, in the September 28, 2023 edition of the Riverhead News 10.1 Review and post such notice of such hearing for the purpose of considering a Local Law to consider imposing a six (6) month moratorium on the process, review, and/or take any action on any development applications, including but not limited to Site Plan Applications, Special Permit Applications, Major Subdivision Applications, Industrial Subdivision Applications, as well as Applications for Use and Area Variances located within the Industrial A, Industrial B, and Industrial C Zoning Use Districts within the Hamlet of Calverton (Zip Code 11933); 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: Tim Hubbard, Councilman SECONDER Robert Kern, Councilman AYES: Yvette Aguiar, Tim Hubbard, Kenneth Rothwell, Robert Kern ABSENT: Frank Beyrodt Jr. Packet Pg. 1 TOWN OF RIVERHEAD PUBLIC NOTICE 0 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 at its regular L4 0 meeting held on October 3, 2023 at 2:00 p.m. to consider the adoption of a Local Law jz entitled, Chapter 303: Calverton Industrial Moratorium as follows: < The intent of the proposed amendment is to impose a moratorium on developments in the industrial-zoned lands in the Town of Riverhead, including those lands that are zoned Industrial A, Industrial B and Industrial C. 00 A copy of the entire text of the adopted local law and the provisions of the existing C> 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 0) through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadnv.qov under the Agenda and Minutes for the October 3, 2023 Town Board Meeting. F- Dated: Riverhead, New York September 19, 2023 0 2 41 Cn BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk O CL O S ro cu St 0 0 z E Packet Pg. 20 10.1.b Chapter 303 0 Calverton Industrial Moratorium ° n. z� e 303-1 Legislative Intent. On November 3, 2003, by Resolution #1175, the Riverhead Town Board (hereinafter "Town Board"), issued a Findings Statement pursuant to 6 NYCRR Part 617.11 and adopted the Town of ° 0 Riverhead Comprehensive Plan pursuant to 272-a of the Town Law. The adopted 2003 0 Comprehensive plan envisioned a"Dynamic office/industrial center in and around Enterprise Park ca at Calverton(Town of Riverhead Comprehensive Plan, 2-1)."The Hamlet of Calverton(Zip Code 0 11933) contains a substantial amount of the industrial-zoned lands in the Town of Riverhead, including those lands that are zoned Industrial A, Industrial B and Industrial C. V) At present, the Hamlet of Calverton is characterized as containing a mixture of farmland, open space, single family homes, as well as small to moderate scale commercial development. As aco; result of the adoption of the 2003 Comprehensive Plan and its appurtenant code amendments, Planning Staff estimates that pursuant to existing zoning and dimensional regulations o approximately 12 million square feet of industrial space could be developed within the Hamlet of Calverton within the Industrial A, Industrial B and Industrial C Zoning Use Districts, excluding U- lands which are already developed with or are slated for commercial solar enemy production facilities, lands such as Robert Cushman Murphy County Park, Canoe Lake, and land from which 0i development rights have been purchased. Additionally, much of the aforementioned industrially zoned lands within the Hamlet of Calverton are not located in either the Town of Riverhead Water 75- District District nor are they located within the Riverhead Sewer District. Furthermore, these lands are 0 lamely located within Groundwater Management Zone I11, which is categorized as a deep-charge zone, with an allowable sanitary density of 300 gallons per day per acre, which allows 2 approximately 7,500 sq. ft. of floor area per acre. In contrast, the current zoning regime allows up M to 40% lot coverage, which translates to an allowable as of right build out of 17,424 sq. ft. per 0 acre. Finally, much of the Hamlet of Calverton is identified as being situated within an , Environmental Justice Area,pursuant to the criteria established by the New York State Department of Environmental Conservation, as outlined in Commissioner Policy No. 29, issued by the New T3 York State Department of Environmental Conversation on March 19, 2003. a The current unprecedented industrial growth within the Hamlet of Calverton, including the > followingapplications with associated improvements: a logistics center which proposes and v approximately 641,000 sq. ft building; an industrial subdivision of a 130 acre parcel with a potential buildout in excess of 1.5 million sq. ft.; a self-storage&transportable containerized self- � storage facility which includes 152,000 sq. ft. of building area; and the expansion of an existing industrial development to include an additional 74,650 sq. ft. building, coupled with the above referenced factors have the potential to create significant impacts to air-quality,traffic congestion, water supply infrastructure, and other potentially significant environmental impacts as well as the 0 potential to cause lame scale loss of some of the last remaining forested areas within the hamlet; loss, isolation or fragmentation of remaining open spaces; and loss or isolation of farmland and its 1 Packet Pg. 21 1p.1.b prime agricultural soils. Furthermore, the present level of industrial growth has the potential to 0 disproportionally affect the low income and minority population residing in proximity to these developments within the Hamlet of Calverton, an identified Environmental Justice area. CL 'a The Town Board acknowledges that it is currently in the process of updating the Comprehensive m Plan and has retained BJF Planning to conduct this update. In furtherance of this point the Town Board recognizes that proper planning requires a carefully thought-out review process and analysis that balances the need for iob creation and economic growth while preserving the rural character, 0 natural environment, agricultural land and agricultural heritage which defines the Town as whole o as well as the Hamlet of Calverton. The Town Board finds time is needed to study through its N various departments and such other experts or resources the Town may deem appropriate o including but not limited to BJF Planning industrial development with the Hamlet of Calverton. As part of the ongoing Comprehensive Plan update, The Town's Transfer of Development Rights (TDR) program is expected to be entirely revamped to ensure that the program is effective such cu that it serves the public's interest by preserving local farmland without direct cost to the taxpayers of the Town. In order to accomplish this goal, the Town requires additional time to complete the 00 Comprehensive Master Plan update so that new formulas for the TDR program can be developed w and implemented. Should the Town allow the currently proposed development to proceed the opportunity to incorporate these new TDR formulas into the code will be lost as well as the opportunityLL to preserve prime farmland. Accordingly, it is appropriate to briefly suspend development temporarily through a moratorium to ensure that the modifications to the TDR ai program can be developed and implemented to best protect the Town's farmland and the cu agricultural economy. U O Thus, a moratorium is necessary and in the public interest to preserve the status quo while the �I Town, through its various departments and experts, including but not limited to BJF Planning, � assesses, evaluates and determines appropriate measures or regulations to minimize or mitigate any potential negative impacts, as well as evaluate consistency with the existing and update to the o Town's Comprehensive Plan as it relates to development applications located within the Industrial A, Industrial B, and Industrial C Zoning Use Districts within the Hamlet of Calverton (Zip Code 11933). This moratorium will allow for the study, development and implementation of measures to protect the rural character, open space and farmland in conjunction with industrial development. a Additionally, the moratorium will afford the Town the opportunity to study the currently unprecedented industrial development within the Hamlet of Calverton, and allow for Town v decision makers to engage in a comprehensive analysis as well as review, draft and adopt co amendments for any new, resultant laws that may arise during the planning process. This moratorium shall be enacted for a period of six (6) Months from the effective date herein so that the processing, reviewing, and/or the taking of any action on any development applications, including but not limited to Site Plan Applications & Special Permit Applications, located within the Industrial A,Industrial B,and Industrial C Zoning Use Districts within the Hamlet of Calverton (Zip Code 1193 3) shall be suspended during this time period. E U (z Q 2 Packet Pg. 22 1 p.1.b § 303-2 Moratorium o 12 U) Neither the Town Board, Planning Board, Zoning Board nor any Town Department shall process a° review, and/or take any action on any development applications, including but not limited to Site Plan Applications, Special Permit Applications, Major Subdivision Applications, Industrial C Subdivision Applications, as well as Applications for Use and Area Variances located within the Industrial A, Industrial B, and Industrial C Zoning Use Districts within the Hamlet of Calvet-ton (Zip Code 11933) during the moratorium period Additionally, no applications shall be accepted ° pursuant to Chapter 301, Article XXVII, establishing receiving sites for Pine Barrens Credits and o other identified development credits during the period of the moratorium established herein. cu 0 § 303-3 Moratorium Period v 0 This Chapter Shall Apply for a period of six (6) Months from the effective date hereof. This ry Chapter shall expire after said six-month period unless and until this time period is extended by a) co the Town Board after adoption of a subsequent local law. M N CD § 303-4 Applications Excluded or Exempt. LL The following are excluded from this Article: a i A) Applications that are Type 2 actions pursuant to 6 NYCRR Part 617 (SEQRA) and Chapter 225 of the Riverhead Town Code. 0 J B) Commercial communication antenna collocation, replacement, and placement or replacement E of associated accessory structures on existing approved wireless communication facilities. 0 co C) Site plan applications that have received final approval b the he approving governing bodyrp for 0 to the effective date of the moratorium. Final approval shall mean the adoption of a resolution by either the Town Board or Planning Board. D) Lot line modifications that do not require dimensional relief. 0 E) Applications where a positive Findings Statement has been issued pursuant to 6 NYCRR Part > 617 (SEQRA)by the governing body prior to the adoption of the moratorium. i CD M § 303-5 Statutory authority; supersession of Town and State laws. ? 0. cc This chapter is adopted pursuant to Municipal Home Rule Law and the State Environmental U 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 E 0 3 Packet Pg. 23 10.1.b the Town Law of the State of New York. Furthermore, this chapter shall supersede the New York o State Environmental Conservation Law H 3-0301(1)(b), 3-0301(2)(m) 8-0107 and 8-0113 and cn 6NYCRR Part 617 also known as the "State Environmental Quality Review Act" (SEQRA) as it e° pertains to applications that are neither excluded nor exempt from this chapter. hi particular, this chapter shall supersede and suspend those provisions of the Town Code and New York State Law M 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 chapter shall supersede and suspend those provisions of the Town Code of the Town of Riverhead as well o as the Town Law of the State of New York which require the Town Board and the Planning Board o to accept process and approve site plan and special permit applications Furthermore this chapter ca shall supersede and suspend those provisions of the Town Code and the New York State Town 0 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 ¢ making. 2 Pursuant to 6 NYCRR W 7.5(c)(30), a local law to implement a moratorium is a Type II action under the New York State Environmental Quality Review Act ("SEQRA") which has been co determined not to have a significant impact on the environment or is otherwise precluded from CD environmental review under Environmental Conservation Law Article 8 and thus not subiect to any further review. I— U- Of cf § 303-6 Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by court of competent jurisdiction,any judgment made thereby 0 shall not affect the validity of this law as a whole or any part thereof other than the part or provision E� so adjudged to be invalid or unconstitutional. 0 c� § 303- 7 Effective Date. 0 This local law shall take effect immediately pon filing with the Secretary of State pursuant to Municipal Home Rule Law. c c 0 c� cs U co O M U �L. f� S U a� C N E U tC5 4 Packet Pg.24 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 6, 2023 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 3, 2023 Resolution # 736—Adopted 10/3/2023 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 213 OF THE RIVERHEAD TOWN CODE ENTITLED, "BICYCLES AND 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 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 wilhelmCcr-townofriverheadny.aov. Signature: Date: 4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext, 260 13.45 10.03.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-736 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE FOR A HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 213 OF THE RIVERHEAD TOWN CODE ENTITLED, "BICYCLES AND ELECTRIC SCOOTERS" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern RESOLVED, that the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 213 of the Riverhead Town Code entitled, "BICYCLES AND ELECTRIC SCOOTERS" once in the October 12, 2023 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that the Town Clerk be and is hereby directed to forward a copy of this resolution to the Office of the Town Attorney; and RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE RESULT: ADOPTED [UNANIMOUS] MOVER: Kenneth Rothwell, Councilman SECONDER Robert Kern, Councilman AYES: Yvette Aguiar, Tim Hubbard, Kenneth Rothwell, Robert Kern ABSENT: Frank Beyrodt Jr. Packet Pg. 182 13.45.a Chapter 213. Bicycles and Electric Scooters U- Article III. Sale, Resale and Rental of Electric Bicycles and Electric Scooters and 0 z Lithium Batteries and Chargers & Modifications ua 213-17. Definitions. M A. For the purposes of this article, the terms used herein are defined as follows: o U- ELECTRIC BICYCLE. vi a (- The term "electric bicycle"means a bicycle with electric assist as defined in 0 section 102-c of the New York State Vehicle and Traffic Law. < ELECTRIC SCOOTER. J The term "electric scooter"means any two-tandem-wheeled device that has handlebars, is designed to be stood upon by the operator and is powered by an U) electric motor that is capable of propelling the device with or without human r� ix propulsion. O STOCK KEEPING UNIT. The term"stock keeping unit"means each group of items offered for sale of the same brand name, quantity of contents, retail price and variety: CD § 213-18_ Sale, Lease or Rental of Electric Bicycles. `= A. No person shall distribute, sell, lease, rent or offer for sale, lease or rental a electric o bicycle unless: u 1. The electric system for such bicycle has been evaluated, tested, and certified by an accredited OSHA nationally recognized testing laboratory_(NRTL)for compliance with Underwriters Laboratories (UL) standard 2849; and w 2. Such certification label or the logo, wordmark, or name of such accredited testing laboratory is displayed: i. On packaging or documentation provided at the time of sale for such u electrical bicycle; 2 i� ii. Directly on such electrical bicycle or the battery of such bicycle. o 213-19. Sale Lease or Rental of Electric Scooters. J J A. No person shall distribute, sell, lease, rent or offer for sale, lease or rental a electric LL scooter unless: M CN, 1. The electric system for such scooter has been evaluated, tested, and certified by CL an accredited OSHA nationally recognized testing laboratory(NRTL) for compliance with Underwriters Laboratories (UL) standard 2272; and U c 2. Such certification label or the logo, wordmark, or name of such accredited testing laboratory i�played: u d Packet ..— Pg. 184 13.45.a i. On packaging or documentation provided at the time of sale for such Q., electrical scooter; or `- ii. Directly on such electrical scooter or the battery of such scooter. Z �c 213-20. Sale, Lease or Rental of Electric Storage Battery. w A. No Person shall distribute sell lease rent or offer for sale lease or rental a storage battery for an electric bicycle or electric scooter unless: U. w- 1. The storage battery for such bicycle or scooter has been evaluated, tested, and o certified by an accredited OSHA nationally recognized testing laboratory_(NRTL) for compliance with Underwriters Laboratories (UL) standard 2271; and z 2. The battery is provided by the original equipment manufacturer or is a specified �= cn replacement battery in accordance with the certification and manufacturer's instructions for the device in which it will be installed or used; D 3. Such certification label or the logo, wordrnark, or name of such accredited testing a) laboratoryiplayed: i. On packaging or documentation provided at the time of sale for such o storage battery; or ii. Directly on such storage battery for an electric bicycle or the electric scooter. co 213-21. Sale of Charging Cord or Battery Charger. 0 cv A. No Person shall distribute, sell or offer for sale a charging cord or battery charger V) for an electric bicycle or scooter unless: 0 0 1. The charging cord or battery charger has been evaluated, tested, andcn certified by an accredited OSHA nationally recognized testing laboratory .2 (NRTL) for compliance with the applicable product test standard for its compatibility and use with a certified battery powered product in ur accordance with its listing and the manufacturer's instructions; and G 2. Such certification label or the logo, wordmark, or name of such accredited testing laboratory is displayed: ira i. On packaging or documentation provided at the time of sale for such charging cord or battery charger; ii. Directly on such charging cord or battery charger for an electric bicycle or the electric scooter. U- 213-22. - M r- 2� 13-22. Sale of Replacement Batteries and Chargers. a� A. No person shall distribute, sell or offer for sale any replacement battery product which shall include but not limited to lithium-ion batter cells, chargers and adapters unless: c a� E .G U f� •w Packet Pg. 185 13.45.a 1. The replacement battery product has been certified by an accredited CK OSHA nationally recognized testing laboratory for compliance with t- Underwriter Laboratories (UL) standard 2271; and Z cK 2. The replacement battery is provided by the original equipment LLI manufacturer or is a specified replacement battery or battery chqMjEg equipment in accordance with the applicable certification standard and 0 manufacturer's instructions for the device or equipment in which it will be I- installed or used. 0 0 (. 3. Such certification label or the logo, wordmark, or name of such accredited z testing laboratory is displace < s U) i. On packaging or documentation provided at the time of sale for such lithium cell product; or 6- (n ii. Directly on such lithium cell product. w 4. This code shall include the following types of batter c� 0 i. User replaceable primary (non-rechargeable) lithium batteries. D ii. User replaceable secondary (rechargeable) lithium batteries. iii. Technician-replaceable primary (non-rechargeable) lithium o batteries. iv. Technician-replaceable secondary (rechargeable) lithium batteries. o 0 2� 13-23. Modification of Electric Bicycles and Electric Scooters Prohibited cn U A. No person or entity shall alter, change, enhance, or modify an electric bicycle electric scooter unless such alteration, change, enhancement or modification is uj consistent with the applicable certification standard and manufacturer's instructions. v, a� 213-24. Penalties for Offence. m A. A violation of this Article III shall be punished as follows: 1. A fine of not less than $500 and not exceeding $1,500 for a conviction of a a first offense. 2. A fine of not less than $2,500 and not exceeding $5,000 for a conviction of a second offense. a� 3. A fine of not less than $7,500 and not exceeding $15,000 for a conviction of a third offense. c 4. Each stock keeping unit is a separate violation. U C6 _Packet Pg. 186 TOWN OF RIVERHEAD < ry PUBLIC NOTICE 0 PLEASE TAKE NOTICE that a public hearing will be held before the Town Board 0 of the Town of Riverhead, at 200 Howell Avenue, Riverhead, New York 11901 or 4 East CL n z Second Street, Riverhead, New York (location to be determined)on the 17th day of October, < 2023 at or about 6:05 p.m. to consider a proposed local law amending Chapter 213 of the Q? Riverhead Town Code entitled, "Bicycles and Electric Scooters". The intent of the proposed legislation is to restrict the sale, lease or rental of Electric Bicycles and Electric Scooters and Lithium Batteries and chargers that do not meet the standards set by an accredited testing laboratory such as Underwriters Laboratories (UL). 0 PLEASE TAKE FURTHER NOTICE a copy of the entire text of the proposed local X law and the provisions of the existing law to be amended may be reviewed at the Office D of the Town Clerk, 4 West Second Street, 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: wwwAownofriverheadnV.qov under the Agenda and Minutes for the N CD October 3, 2023 Town Board Meeting. EN- Dated: Riverhead, New York 0 October 3, 2023 BY THE ORDER OF THE TOWN BOARD n, (n OF THE TOWN OF RIVERHEAD .2 DIANE M. WILHELM, Town Clerk 0 0 U LL J 05 (n OU >1 ,2 as co 04 ,2 GLO 0 Z .2 CL OE Packet Pg. 187 4' J w 'M t"rereyp.irrnr wwrx '� ,r Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 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 6, 2023 #18- Resolution # 666—Adopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 PART 4. SUBDIVISON AND LAND DEVELOPMENT, ARTICLE LVII. SPECIAL PERMITS 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 w Fax (631)208-4034 k i "`YA ITtI.fM911XAI Hf,.YtIMUM y Office of the Town Clerk Diane M. Wilhelm, Tower Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 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: Regular Town Board Meeting September 6, 2023, 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 6, 2023 #18- Resolution # 666 —Adopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 PART 4, SUBDIVISON AND LAND DEVELOPMENT, ARTICLE LVII. SPECIAL PERMITS 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 09.06.2023 ADOPTED TOWN OF R|VERHEAD TE8Reoo|mtimn2O23-66G ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 PART 4. SUBDIVISION AND LAND DEVELOPMENT, ARTICLE LVII. SPECIAL PERMITS OF THE RIVERHEAD TOWN CODE Councilman Beyrodt Jr. offered the following n8oO|utiOD. which was seconded hy Councilman Rothwell WHEREAS, the Town Clerk was authorized tOpublish and post 8public notice tO hear all interested persons t0consider 8local law tOamend Chapter 3O1. entitled "Subdivision and Land Development, LVII Special Permits within the Town of Riverhead", Ofth8 <�Od� Ofth� TOxvDOfF�iV8[��@d /''FliVHFh88dTOvVO (�Od8"\.Code");and ` ' WHEREAS, was day ofAugust, 20238tO:00 o'clock p.Dl. 8tthe Riverhead Town Hall, 20OHowell Avenue, Riverhead, New York, the date, time and place specified iDsaid public notice, and all persons wishing tOb8heard were heard; and WHEREAS, the proposed amendment iS8Type || action pursuant t0SE{]RA. NOW, THEREFORE, BEUTRESOLVED, that the local law amending Chapter 301, entitled "Subdivision and Land [}eV8lOp08Dt, Article [\/I|. Special Permits within the Town DfRive[he@d" of the. ` COde") i8hereby adopted 8Sspecified inthe attached notice Ofadoption; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice Ofadoption iOsummary once iDthe News-Review Newspaper and tOpost same 0Othe signboard @tTown Hall; and beiLfurther RESOLVED, that all Town Hall Departments may review and obtain 8copy Of this resolution from the electronic storage device and, ifneeded, 8certified copy Of same may h8obtained from the Office Ofthe Town Clerk. TOWN OF RIVERHEAD Notice of Adoption E PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead, adopted < a local law to amend to Chapter 301 part 4. Subdivision and Land Development, Article 0 LVII. Special Permits," of the Riverhead Town Code at its regular meeting held on September 6, 2023. The intent of the amendment is to revise the posting of notice requirements for Special Permit Applications. 0 A copy of the entire text of the adopted 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, 0 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: I? www.townofriverheadnV.qov under the Agenda and Minutes for the August 15, 2023 Town Board Meeting. Dated: Riverhead, New York September 6, 2023 U- BY ORDER OF THE TOWN BOARD U 0 OF THE TOWN OF RIVERHEAD A DIANE M. WILHELM, Town Clerk V) :t E O U) CD O O 0 0 a) U 0 z OE Packet Pg. 140 10.30.b § 301-311 Application procedure; fees. A. Variances. The applicant must first apply to the Zoning Board of Appeals for any variance which may be necessary. Only after the applicant has obtained all necessary variances shall the Town Board act upoi the special permit application. E B. Referral to Planning Board; posting of fietiee of pending applieatien. Any application made pursuant tl o the provisions of this article shall originate by an application to the Town Board, contrary provision, notwithstanding,and may be referred to the Planning Board upon being deemed complete by the Planning Department,which will transmit its recommendations to the Town Board within 62 days of referral,Upa1 7 sign to be 0 J indioating that a pending . Th .,Fter w M N P„1 lie he.,,. nnetee to the. „ ,t O t�oi-.�i ; bg ih heafin 1; en the b bpested at the sub eet <" , that he has , plied with the posting „ts .,heye (,dined � ci,uc n�. nu t, M CV O C. Posting of Notice; When a public hearing is scheduled by the Town Board, the Town Cleric shall forwan by certified mail a copy of the public hearing notice to the applicant. The applicant shall erect or cause tl be erected a sign, which shall be displayed on the parcel upon which the special permit application i N made, facing each public street to which the property abuts, giving notice that an application has beer of made to the Town of Riverhead Town Board, for special permit approval, along with the time and place .0 of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be less �i than two feet nor more than six feet above the natural grade at the street line. The sign shall be furnisher by the Town Clerk and shall be the only sign to be used. The sign shall be displayed not less than 7 day. immediately preceding the public hearing or any adjournment date. The applicant shall file an affidavi with the Town Clerk that he/she has complied with the provisions of this section prior to the opening o v the public hearing 2 0- r- D. - cD. Town Board public hearing. After receipt of the recommendations of the Planning Board(in the event the 2 application was referred to the Planning Board), the Town Board shall hold a public hearing upon public .m2 notice and other notices as required by the Town Law. The applicant or his/her representative shat 0- forward a certified copy of the public hearing notice by certified mail to all property owners within a five < hundred-foot radius of the subject property posted at least seven days prior to the date of the publil hearing, and the applicant shall pay all expenses of said hearing, including but not limited to publicationCL costs,postage and transcription of testimony.Public notice of said hearing shall be printed in a newspape of general circulation in the Town at least five days prior to the date thereof. All testimony at the publil '3 hearing before the Town Board shall be given under oath. The Town Board may require the sworn testimony of such persons as it deems necessary for a full and complete hearing on the application. Thi Town Board may adjourn the public hearing for the purpose of taking further testimony or requiring thi M production of further information. The Town Board shall decide upon the application within 62 days afte the close of the hearing. The time within which the Town Board must render its decision may be extender .o by mutual consent of the applicant and the Board. The decision of the Town Board on the application afte the close of the public hearing shall be filed in the office of the Town Clerk within five business days afte E such decision is rendered, and a copy thereof mailed to the applicant. -0 a� E. Fees. The fee for review of a special permit application which would result in construction of a building(s < or a disturbed area of less than 4,000 square feet shall be $1,000. The fee for review of a special permi application for construction of a building(s) or disturbed area of 4,000 square feet or greater shall bi E $2,000. The required fee shall be paid upon submission of the application to the Town Cleric. U Packet Pg. 141 Underscore represents addition(s) Strikethrough represents deletion(s) E 0 U 0 cfl co cwi CN 0 CY) ti ti O .2, E W 4— u 0 2 Cu Cu CL (n E W a- -70 U C? C) Cl) 0 a) E -0 a (D E .;j E Packet Pg. 142 f fn 4 f XrTIYI �; l 'lMil tY1MM e ' "'""ei+16 M611f4NT f. Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 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 6, 2023 #19- Resolution # 667 —Adopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE ENTITLED "FIRE PREVENTION" (§ 231.9 INSTALLATION PERMITS; OPERATIONAL PERMITS; FEES) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, "U. Diane M. Wilhelm DMW:cd 200 Howell Avenue w Riverhead, New York 11901— (631)727-3200 East. 260 — Fax (631)208-4034 l ' f t '64'ii nfvrnN;riaHMirnu+swn+ ,1 h la 'vey U111fice of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 11, 2023 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. ov. Signature: Date: Regular Town Board Meeting September 6, 2023, 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 6, 2023 #19- Resolution # 667—Adopted 9/6/2023 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE ENTITLED "FIRE PREVENTION" (§ 231.9 INSTALLATION PERMITS; OPERATIONAL PERMITS; FEES) Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Hewell Avenue — Riverhead, New York 1190"1 (631)727-3200 Ext. 260 — Fax (631)208-4033 ' 10.31 09.06.2023 ADOPTED TOWN OF RIVERHEAD TB Resolution 2023-667 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE ENTITLED "FIRE PREVENTION" (§ 231.9 INSTALLATION PERMITS; OPERATIONAL PERMITS; FEES) Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 231 of the Riverhead Town Code entitled "Fire Prevention", section 9 thereof entitled "Installation permits; operational permits; fees"; and WHEREAS, a public hearing was held on the 15th day of August 2023 at 6:05 p.m. at 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 establishment is a Type 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 231 of the Riverhead Town Code entitled "Fire Prevention", section 9 thereof entitled "Installation permits; operational permits; fees" 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 Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, 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: Robert Kern, Councilma"n., ' AYES: Aguiar, Hubbard, Beyrodl� r., Rothwell, Kern Packet Pg. 143 0 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 231 of the Riverhead Town Code entitled "Fire Prevention", section 9 thereof entitled "Installation permits; operational permits; fees". The intent of the proposed amendment is to remove fire prevention fees from the code and provide that such fees E shall be set by Town Board Resolution. 0 A copy of the entire text of the adopted local law 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 0 Riverhead website at: wwwjownofriverheadny.qov under the Agenda and Minutes for the August 1, 2023 Town Board Meeting. 0 Dated: Riverhead, New York September 6, 2023 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD .0 DIANE M. WILHELM, Town Clerk >.�2 (D ry U) U- C: 0 (D n LL N ry Ui r z 0 I— CL 0 C2 LL 0 Uj 0 z E L) Packet Pg. 145 10.31.b zs a, Chapter 231 . Fire Prevention Article III. Administration 0 § 231-9. Installation permits; operational permits; fees. L v A. Installation permits. c� (1) Application for the installation, modification or removal of any fire-prevention system, a including but not limited to fire alarm system, fire and smoke detecting system, fire ¢ sprinkler system, fixed-pipe dry or wet chemical extinguishing system or vent system 0 for the removal of hazardous or grease-laden vapors, new building construction plans or existing building alteration plans, shall be made to the Fire Marshal on forms provided by the Town Fire Marshal. Such forms shall be in accordance with § 231- 5 8D(1) and contain information as may be reasonably required by the Fire Marshal to 0 establish compliance with the applicable codes, ordinances and regulations. ca [Amended 4-19-2005 by L.L. No. 9-2005] V) Q. 0 (2) Fees required by this subsection shall include the review of requisite plans and not more than two compliance inspections. If additional inspections are necessary due to inaccurate submissions, improper installation or defective equipment, an additional fee, equal to the original application fee, shall be required, which shall entitle the M permittee to not more than two additional inspections. o (3) Installation permits shall be valid for 12 months following the date of issue. M N A permit shall be obtained from the Town of Riverhead Fire Marshal for the c installation, addition, modification or repair to a fire service main system and fire sprinkler service mains. A permit is not required for annual testing, inspection and maintenance of existing systems. [Added 9-8-2021 by L.L. No. 8-20211 E w [al A permit under this subsection shall be required for the installation of: �s c f1]_ Private fire service main systems. 2 0 [22] Fire sprinkler service systems (from the fire service main to 0 the base of the fire sprinkler riser). i .L1 E j31 Fire hydrants. Q c 0 :W B. Operational permits. CU (1) Application for any operational fire-prevention permits shall be made to the Fire Marshal on forms provided by the Town Fire Marshal. Such forms shall be in accordance with § 231-8D(1) and contain information as may be reasonably required F s c� �a 5E Packet Pg. 146 10.31.b by the Fire Marshal or CEO to establish compliance with the applicable codes, ordinances and regulations. a (2) Operational permits will remain valid indefinitely, provided that the permit holder allows an annual inspection, or triennial inspection pursuant to Article XXV, and corrects all violations observed therein, pays the annual fee, and meets all other o provisions of this chapter. [Amended 8-21-2018 by L.L. No. 16-2018] C. Installation and operational fire-prevention permit fees shall be established by resolution of the Town Board of the Town of Riverhead. The TeyfA Rearrd h-,s rJn+nrminnrl fire nreyen+'en fens &14a4 O be as follows: a� E Ins+allatien permit fees. [Amended 4 19 20-0-5 by ITPIe. 9 2-905; 12 5 2096 Fc� vy'-L.L. Ne. Fn 2006] ° 75 systems: $250 fnr the firs}75 rdeA4r.es ;and $5 n r rdevien in nveess thnrnnf. A U O device_shall incl, de hilt net be limited }n a hen}deter+er a smoke detnn+nra pull statiGR' a bell ep ether SGWRdiRg deViGe, a speaker, a fire alaFM GE)RtFGI .l N paRel .N S� ' O valve, a deluge valve, aR exhauster, an aeeolnra}er, a retard r--ham-her era Lf Fire Department mann^+inn [Amended 2 1 2811 byi.L. Ne. 3 2911] Q0 kb7 lns}AIla}inn of a„+nmatin fived pipe evtinn„ish'nn systems. $259 M 0 F\ �7 r . co N /�` s h7 IRSt@llafen permits ren red by Arfele XX Liquefied,efied Petroleum Gases- $75 („) {nr the first 10,009 nallens and $9.005 nor nallnn in nvress thereof fn . N C&7 E square feet; $4 50 f9F 19,999 square feet 9F mere. N (� [Amended-2 1 2914 by L.L. Ne. 3 2841] G M9d'f'GatiGR ef aRy eXiStiRg fiFe deteGti9nialaFm system: $190 feF the first five t'7 "Indians A n\/ marl ea}inn in ^yews of five denims shall be treated as a lZ O in apull station, a bell er ether sounding devise, a speakeF, a fir ala entre) E i paRel V) , CL [Added 8 4 2998 by LmL. Ne. 9-2888] o X97 nrl �nr ifinatinn of ani avis}inn water based fire nrntn nt'nn system; 424 nn fnr the C6 �A first five deVinos n\/ merlifieatien in nvfive eess of ve rinviens shall he treater) -iz A C s� , , C r � exhauster, an aeeelorater a retard chamber, a Fare Department eennest'en E U f6 Packet Pg. 147 10.31.b [Added 3 4 2998 by L.L. No. 8 2908ja c L (44) of an existing al#9FnatiG fixed pipe extingUiShiRg SyStem� • } idvedvT2008 by —i—Ne.8 29981of C T exhaust stems r the grease laden Gr ether vapers� $190. a- O [Added 3 4-2999-by L.L. Na.8 29081 i L {t} A permit shall be ebtaiaed-from the Town of Riverhead Cinrtio 5v4u;;rvchrAr[for the � Q f4 fire sprinkler seFViGe A permit is net reg Fed fpr g pw al testing U inspeotirnn and FnaiRteRaRGe of evicting systems � [Added 9 3 2921 by L.L. Ne.8 2021] E O P4PA permit under this subseotinp shall he rern iirnrd fpr the in tell fen ef: !I C6 � laPrivate-fire snr„ine main systems c6 U O {b} Fire spriRkleFseFVise systems (f�he fire SePAGeain to the base ef-the fire Sprinkler riser) vy a O T� Fire hydrants f71Fees: C&1 i�7 CI.7 Cl) N L� I�Ign si hmissinn and_ Fevffiew�r $259. Cl Cirst 1 nn feet of instgllnt'nn: $200 ,r L , Cl) 1�7 U r�1 as I� Cgnh fire hydrant: $100. U LV, w- N Qperotinnol fees 'E �`-� permitL k7 vpeFabsRal permits requiredbyAitin�TVI, Storage and HandI'nn of1QAP:Ih`qt'hlP Materials: $39-. Q fCf C O ttf (4) Operational permits required by Artlnle Y Antemebiln VVFeGking L Yards, juRk -ards and WasteI rte�i^"-'gig PaRts� $55. o [Amended 2 1 2911 byz L. Ne. 32911 E (G) Qperotinngl permits required by Art'ple YI llry (`leepipg Plants: $45 CLL [AR;eRdedz212011 by `dL. Ne. 3-2041 0 gperotinnal permits meauirnrl by A rtiole X11 Cvplesiyes: $159 fpr the RS thereof. c fn1 gperotkMal permits required by Artiole XIV Flammable andUqu cC \ / ds� C r- U Rf Packet Pg. 148 10.31.b w { E nallnp in evness thnrnnf. rz [Amended 2 1 2911-bLTNe. 3 294 {�} o M ,[. _IInnrofnnol permits r Fed by Artlnle XV, A++tmmetiye Repair N \•/ F@Gilities, $45 any [Amended 2 1 291-1 by Ne. 2- (9) Qperat'nnal permits required by ArFnle IX, HazardGys (`hnminals anr•I -G Qt rvallnn nr pnnnr•I in nvnncc thnrnnf. [AR;eeded 2 1 20+1-"by-L.L. 3 22014] O /h1 Qpnratlnnal permits reni+iFed by Artinln YY+ Liquefied efied Petrnlel m Gases: � [44 GeRefal stemge�Use: $1 afer the first� nen nallnns+water o n J Gap@Gity and $0.91 per galleR OR eXGeSS . m [AmeRded 2 1-2011 by L.l L. ^- 3-2911 V, s2 .�7 O [21- Retail filling stotinn: $299 Zj TTI Operational p wits required by Artinle XVII, Lumberyards mhnr+yards and . M N O Operational permits rnrv+iired by Arfnle YYI+ Dlaoes of Assembly• $1 Fn N vv�� [Amended 1-2 3 2992 byzTNr--23-L'2902; 8-212291-,8 by-L-LNe i 6 2918] T M N ti'ct [Amended 2 1 29-11-r by L.L. No. 3 2911 �7 nperatinnal permits requiFed by Artinle YI11+ Fireworks, fn cc_ C L CL • m G m\ 0 kR4) flperatinnal permits rorvuired by Art•oln YIY+ Het Tar 17nnf 1A/nrL and TA-.PA-.h Ir:. L . (v IZ 0 �7 Tents Applloants fpr permits to nreot a tent OR nnmmernial/inrli+s trial U') properties will be requiped to si+hmit a oertifioate that the tent is mar•le of L flame resistive nal h�� shall be as follows: ,etms,ris—rT,� CL [Added 992942 b�LNe. 23 2912; amended 9 7 2916 by L.L. NIA IR C: 0 244-qm �s First tent nen sq earn feet to 1,999 square feet: $175 rn c I77 Cirst tent greater than 1,099 s +are fent to F nen s n feet; N7nn !_ j=f n CU E Forst tent greater than 5,900 srn+a rn feet to 10,000 sry +are feet: Q225 (� RS a-+ Packet Pg. 149 FiFSt fent greater than 19,009 square feet; $250. t5� EaGh additional tent: $125. QpeFatiGRal permits f9F aRy etheF use, PFGGeSS 9F epeFatieR as Feqwffiped-b�y 0 the New Y49* State Gede�9. N QpeFatieRal peFm;ts requiiFed by ArtiGle XXV, FmiFe Safety and PrepeFty MalRteRaRGe !RspeGtOGRS (T-FieRRials)� $ [Added 9 21 2018 by L.L. No. 16 208] C: a) E 0 3: cc ro U 0 COO I? Cl) CN O C� Cl) C14 U) a) ui W a ca a) CL 0 E cz E Packet Pg. 150