HomeMy WebLinkAboutTOR Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
January 8, 2024 ZeEiVED
Suffolk County Planning,Department JAN 2 32024
L.I. State Park Commission
Town of Southold
Town of Southampton SOut-hold Town Cie
Town bf.Brbokhavibn Clerk
ENCLOSED HEREWITH please find the following resolution Which was.,adopted by the
Riverhead Town Board at a Regular Town Board meeting or! January 8,e.2024
#1- Resolution # 62—Adopted 1/03/2024
ADOPTS A LOCAL LAW TO I.NCLUDE CHAPTER 301.CALVERTON INDUSTRIAL
MORATORIUM
Sincerely,
James M. Wooten
JMW:cd
4 West Second S"et— Riverhead, New York 11901—(631)727-3200 Ext.260
Office Of the Town derk,
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Maffiage Officer
January 8, 2.024
Honorable TownC,1.
Town Cle
s
Your res rise o this I ter will acknowledge receipt of the attached resolution
adopted by'.th WRive ead T n ard. Kindly please:signand em 'I back t Ahe
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Riverhead T�' C rk, 4a es . ten 8ttownelerkatownofriv,erhe2dnV.-q
Signature:I gnature: Date:-. 11Z5 C
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Regular Town Board Veleting.January 3, 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.January 3,.12024
ftl- Resolution # 62—Adopted 1/03/2024
ADOPTS A LOCAL LAW TO INCLUDE CHAPTER 303: CALVERTON INDUSTRIAL
MORATORIUM
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, New York 11901—(631)727-3200 Ext. 260
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01.03.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-62
ADOPTS A.LOCAL LAW TO INCLUDE CHAPTER 303: CALVERTON INDUSTRIAL
MORATORIUM
Councilman Kern.offered the following resolution,
which was seconded by Councilwoman.Merrifield
WHEREAS, the Town Clerk was authorized:to publish and,post a public.notce to
hear all interested persons to consider a local law to include Chapter 303 entitled
"Calve.rton Industrial Moratorium within the Town of Riverhead", of the Code"of th"e
Town of,Riverhead ("Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 3rd day:of October, 2023.at 2:00
o'clock p.m. which was held open and continued on;the 17t6 day of October, 2023 at the
Riverhead Town.Hall, 200 Howell Avenue, Riverhead, New York, on the date, time and
place specified in said public notice, and all persons wishing to be heard were heard;
and
"WHEREAS, pursuant to GML-239M and Sections)A14-141hrough.A1.4-1.5"of thethe.Suffolk County Administrative code, the proposed local law was refected"to"the
Suffolk County:Pianning Commission (SCPC)which issued a report dated:November"1,
2023, and considered the matter at its regularly scheduled meeting held,on November
1, 2023 at which time the SCPC voted to approve the local law subject to the following.
conditions:
1. The moratorium shall be limited to an initial three (3) month period.
2. Prior to the expiration of the initial three-month period:the Town.shall report"to
the:Suffolk County Planning Commission on the progress.of the work enabled
by the moratorium and request (if necessary) an extension of the.moratorium
for an additional three (3) month period;and
WHEREAS, the proposed amendment is a Type II action pursuant to 6NYCRR
Part 617 (SEQRA) and Chapter 225 of the Riverhead Town Code therefore no further
environmental review is required; and
WHEREAS; as stated above, the Planning Commission approved the.-action with
recommendations, changes and conditions, most significantly, approval was limited.to
three (3) months; and
WHEREAS, the Town Board of the Town of Riverhead declines to adopt the
three (3) month condition based upon the following: As set forth in the Legislative Intent
the Town has experienced unprecedented industrial growth within the Hamlet of
Calverton, coupled with factors which have the potential to create significant and
irreversible impacts to air-quality, traffic congestion, water supply infrastructure, and
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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 farmland
and its 2 prime agricultural soils. As acknowledged by the Suffolk County Planning
Commission in its staff report, the six month time frame is an ambitious agenda to
accomplish study of all above stated impacts and completion of the Comprehensive
Master Plan update so that new formulas for the TDR program can be developed and
implemented; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board, by super
Majority, adopts the local law to include Chapter 303 entitled "Calverton Industrial
Moratorium 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
;RE UL "
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:MOVER Robert Kern, Councilman
CONDEIIi: ;..-
SEx.-triiseMerrif"ielci;:::CouJ%ci
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Chapter 303
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Calverton Industrial Moratorium �
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§.303-1 Legislative Intent.
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On November 3, 2003, by Resolution #1175, the Riverhead Town Board (hereinafter "Town c .
Board"),issued,a Findings Statement pursuant to 6 NYCRR Part 617.11 and adopted the Town of o
Riverhead Comprehensive Plan pursuant to 272-a of the Town Law. The adopted 2003 Q
Comprehensive plan envisioned a"Dynamic office/industrial center in and around Enterprise Park o
at Calverton(Town of Riverhead Comprehensive Plan,2-1)."The Hamlet of Calverton(Zip Code wV
11933) contains a substantial amount of the industrial-zoned landsii! the Town of Riverhead, N
including those lands that are zoned Industrial A, Industrial B and Industrial C. }
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At present, the Hamlet-of:Calverton is characterized, as containing,a mixture of farmland, open 0
space; single.family homes, as well as small to moderate scale commercial.development. As a w
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,
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approximately 12 million square,feet of industrial space could be developed within the Hamlet of
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Calverton within the Industrial A, Industrial B and Industrial C Zoning Use Districts, excluding 0
lands which are: already. developed with or are slated .for commercial solar energy production w
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
zoned.lands within the Hamlet of Calverton are not located in either the Town of Riverhead Water
District nor arethey locatedwithin the Riverhead Sewer District. Furthermore, these lands are
largely located within Groundwater Management Zone 11I,which is categorized as a deep-charge
zone, with, an, allowable sanitary density of 300 gallons per day per acre,. which. allows EI
approximately.7;500 sq. ft. of floor area per acre.In contrast;the current zoning regime:allows up_
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 identifiedas being situated within an a
Environmental Justice Area,pursuant to,the criteria established by the New York State Department
of Enviromnental Conservation, as outlined in Commissioner.Policy No. 29, issued by the New
York State Department of Environmental Conversation on March 19,2003.
The current unprecedented industrial growth within the Hamlet of Calverton, including the 0
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 ti
potentialbuildout inexcess 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 co
industrial development to include an additional 74,650 sq. ft. building, coupled with the aboveCL
referenced factors have:fhe potential to create significant impacts to air-quality,traffic congestion,
water supply infrastructure, and other potentially significant environmental impacts as well as the v
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 farmland and its
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prime agricultural soils. Furthermore, the present level of industrial growth has the potential to 2
disproportionally affect the low income and minority population residing in proximity'to these Q
developments within the Hamlet of Calverton, an identified Environmental Justice area.
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The Town Board acknowledges that it is currently in the process of updating the Comprehensive
Plan and.has retained BFJ.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 N
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 Q
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, T
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including but not limited to BFJ Planning industrial development with the Hamlet of Calverton. N
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 v
that it serves the public's interest by preserving local farmland without direct cost to the taxpayers, w`
of the Town. In order to accomplish this.goal, the Town requires additional time to complete the a
Comprehensive MasterPlan update so.that new formulas for the TDR program can be developed
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 0
opportunity to preserve prime farmland. Accordingly, it. is appropriate to briefly suspend W
.development temporarily. through .a moratorium to ensure that°the modifications to the TDR. W
.program can be developed and implemented to best protect the Town's farmland and the F:
agricultural economy. 3�
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Thus, a moratorium is necessary and.in the public interest to preservethe status quo while the.
Town, through its various departments and experts, including but not limited to BFJ.Planning,
assesses,evaluates and determines appropriate measures or regulations to minimize or mitigate
any potential,Aogative impacts;as.well as evaluate consistency with the existing and update to the a.
Town's Comprehensive Plan as it relates to developmentapplications located within the Industrial o
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 implementa#ion of measures
to protect the rural character;open space and farmland in conjunction with industrial development.
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Additionally,. the moratorium will afford the Town the opportunity to study the currently o
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 CO
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amendments for any new, resultant laws that may arise during the. planning process. This e
moratorium shall be.enacted for aperiod of six (6)months:from the effective date herein so that M
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 CO
the Industrial A,Industrial B,and Industrial C Zoning.Use Distracts within the Hamlet of Calverton v
(Zip Code 11933)shall be suspended during this time period.
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§303-2 Moratorium
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Neither the Town Board,Planning Board,Zoning Board nor any Town Department shall process,
review, and/or take any action:on any development applications, including but not limited to Site _J
Plan Applications, Special Permit Applications, Major Subdivision Applications, Industrial
Subdivision Applications, as well as Applications for Use and Area Variances located within the _J
Industrial A, Industrial.B. and Industrial C Zoning Use Districts within the Hamlet of Calverton
(Zip Code 11933) during the moratorium period Additionally, no applications shall be accepted o
pursuant to Chapter 301,Article XXVII,establishing receiving sites for Pine Barrens Credits and
other identified development credits.during the period of the moratorium established herein. ey
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§303-3 Moratorium Period y,
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This Chapter Shall Apply for a period of six (6) months from the effective date Hereof. This. U
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Chapter shall.expire after said six-month period unless and until this,time period is extended by w
the Town Board after adoption of a subsequent local law or amendment_hereto.
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§303-4 Applications Excluded or Exempt. z
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The following are excluded from this Article: w
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A) Applications that are Type 2 actions pursuant to 6 NYCRR Part 617(SEQRA)and Chapter x=-
M.of the Riverhead Town.Code.
B) Commercial communication antenna collocation, replacement, and placement or replacement o_
of associated accessory structures on existing approved wireless communication facilities. E
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C) Site plan applications that have received final approval by the approving governing body prior
to.the effective date of the moratorium.Finalapproval shall mean the adoption of a resolution 2
by either the Town Board.or Planning Board.
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D) Lot line modifications that do not require dimensional relief.
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E) Applications where a-positive Findings Statement has been issued pursuant to 6 NYC"Part_ o�
617(SEQRA)by the governing body prior to the adoption of the moratorium.
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§303-5 Statutory authority; supersession of Town and State laws. M
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This chapter is adopted pursuant to Municipal Home Rule Law and the State Environmental
Quality Review Act and its implementing regulations. It expressly supersedes any provisions of tai
the Town Code of the Town of Riverhead, and §§ 267, 267-a, 267-b, 267-c, 274-a and 274-b of
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the Town Law of the State of New York.Furthermore,this chapter shall supersede the New York
State Environmental Conservation Law §§ 3-0301(1)(b),3-0301(2)(m), 8-0107 and 8-0113 and
6NYCRR Part 617 also known.as the "State Environmental Quality Review Act" (SEQRA) as it
pertains to applications that are neither excluded nor exempt from this chapter. In particular,this -J
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 andapprove commercial
solar energy system applications within certain statutory time periods. In addition, this chapter42
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shall supersede and suspend those provisions of the Town Code of the Town of Riverhead as well C
as the Town Law of the State of New York which require the Town Board and the Planning Board Q
to accept,process and approve site plan and special peianit applications.Furthermore,this chapter w
shall supersede and suspend those provisions of the Town Code and the New York State Town
Law which grant,the Zoning.Board of Appeals authority to hear appeals fromapplicable zoning N
provisions and specifically the time frames for decision making and holding hearings for decision
making. CL
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Pursuant to 6 NYCRR §617.5(c)(30),a.local law to implement a moratorium is, a Type II action Q
under the.New York State. Environmental Quality Review Act ("SEQRA"), which has been J
determined not to.have a significant impact on the environment or is otherwise precluded from
environmental review under.Environmental Conservation Law Article 8'and thus, not subject.to z
any further review. o
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§303-6 Severability.
If any section or subsection,paragraph, clause, phrase or provision.of this law shall be adjudged-
invalid
djudgedinvalid or heldunconstitutional'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 o
so adjudged.to be invalid or unconstitutional.
§ 303-1 Effective Date.
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This local law shall take effect immediately upon filing with the Secretary of State pursuant to
Municipal Home'Rule,Law.
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TOWN OF RIVERHEAD E
NOTICE OF ADOPTION c
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PLEASE.TAKE NOTICE, that the Town board of the Town of Riverhead held a M
Public. Hearing: to adopt a local law to include Chapter 303: Calverton Industrial R
Moratorium within thel Riverhead Town Code at its regular meeting held on October 3,
2023. The intent-of this local law is to impose a six(6) month moratorium on development
within the industrial-zoned land within the Hamlet of Calverton, including those lands that. c
are zoned Industrial A, Industrial B and Industrial C.
A copy of the entire text of the adopted local law may be reviewed at the,Office of v
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.towhofriverheadny..gov under the Agenda and Minutes for the
January 3, 2024 Town Board Meeting.
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Dated: Riverhead, New York 3
January 3, 2024: c
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BY ORDER OF THE TOWN BOARD
OF THE TOWN,OF RIVERHEAD c
JAMES M. WOOTEN, Town Clerk
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Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marria* ge Officer.
January 8, 2024 RECEIVED
I
Suffolk County Planning Department JAN 2 3 2024
L.I.: State Park Commission
Town of Southold soutliold Town Clerk
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 January 3, 202.4
#2- Resolution# 63—Adopted 1/03/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED, ."ZONING AND LAND DEVELOPMENT, ARTICLE LXIII.
PLANNED DEVELOPMENT (PD) ZONING USE DISTRICT"
Sincerely,
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11901—(631)727-3200 Ext. 260
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tib{ i;u,r ti t
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Office of the Town. Clerk
Jamey M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer. Marriage Officer
January 8, 2024
Honorable Town Clerk-.
Your respo a to his I tter will acknowledge receipt of the attached resolution
adopted by the erh d n B Kindly please sign and email backjo,the
Riverhead Town Cer, es en attownclerk townofriVer adn o .
Signature: Date:
Regular Town Board Meeting January 3, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board ata Regular Town Board meeting on January3, 2024
#2- Resolution.# 63-Adopted 1/03/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED, "ZONING AND LAND D EVE LOP ME NT,.ARTICLE LXIII.
PLANNED DEVELOPMENT (PD) ZONING USE-DISTRICT-
Sincerely,
ISTRICT"Sincerely,
James M. Wooten
Town Clerk
JW:cd
4!Nest Second Street-Riverhead, New York 1.1901 (631)727-3200 Ext. 260
01.03.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-63
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
_CODE ENTITLED, "ZONING AND LAND DEVELOPMENT ARTICLE LXIII.
PLANNED.DEVELOPMENT (PD) ZONING USE DISTRICT"
Councilwoman Merrifield offered the following resolution,
which was seconded by Councilwoman Waski
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 LXIII. Planned Developrnent.(PD)Zoning Use
District", 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 2:15
Welock p.m. at the Riverhead 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 Riverhead Town Board has considered the Local Law to Amend
Chapter 301 of the Riverhead Town .Code Entitled "Zoning and Land Development,
.Article LXIII. Planned Development(PD)Zoning Use District" the SEQRA record to
date, the requirements of the Town Code, as:well as'other.relevant planning, zoning,
and environmental factors; and
WHEREAS,.Planning Department Staff has prepared.part 1, part 2 and.part 3 of
the Short Environmental Assessment Form (SERF),,dated December 11; 2023; and
WHEREAS, the proposed amendment is an Unlisted Action pursuant to SEQRA,
with coordinated.review beingoptional and not recommended.
NOW, THEREFORE, BE IT RESOLVED, that the Riverhead Town Board hereby
classifies the Local Law to Amend Chapter 301 of the Riverhead Town Code Entitled
"Zoning and Land Development, Article LXIII, Planned Development (PD)Zoning Use
District" as an Unlisted Action pursuant to SEQRA, and assumes Lead Agency, without
coordinated review; and be it further
RESOLVED, that the Riverhead Town Board hereby issues a Negative
Declaration pursuant to SEQRA, for the Local Law to Amend Chapter.301 of the
Riverhead Town Code Entitled "Zoning and Land Development, Article LXII1. Planned
Development(PD)Zoning Use District" as the proposed action is not likely to result in
any significant adverse environmental impacts; and be it further
RESOLVED, that the local law amending Chapter 301,entitled " "Zoning and
Land.Development, Article LXIII. Planned Development (PD)Zoning Use District", of the
" Packet Fg200,,
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
RESU,LT:. ADOPTED;[4:TC3"1] -
Denise!Mb.i.if eld;:Gou;r cilwoman .
SIt'd 0NDER , Joann Waski CoIjhcilivoman
AYES:- Tim.Hu' bb'ard; Kenneth otl w.ell,; Rof ert"Kern; Joann lNaski'
NAYS: " " D,enise:Mecrifield"
PAcketPg.20:1:
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TOWN OF RIVERHEAD C.
NOTICE OF ADOPTION
PLEASE TAKE NOTICE;that the Town Board of the Town of Riverhead adopted
a :local law amending Chapter 301, entitled "ZONING AND LAND DEVELOPMENT, a
ARITCLE LXIII. PLANNED DEVELOPMENT(PD)ZONING USE DISTRICT"of the Riverhead
Town Code,at its regular meeting held on November 21, 2023.
The intent of the legislation is to prohibit uses in the Planned Development 0
Zoning Use District. N
A copy of the entire text of the adopted local law may 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 accdssed on the Town of T
Riverhead website at: www.townofriverheadny.aov under the Agenda an:d Minutes for the o
January 3, 2024 Town Board Meeting.
.Dated: Riverhead, New York .
January 3,.2024 0
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BY ORDER OF THE TOWN BOARD D
OF THE TOWN OF RIVERHEAD
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JAMES M. WOOTEN,TOWN CLERK o
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Chapter 301. Zoning and Land Development
Article LXIII. Planned Development (PD) Zoning Use District E
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301-341. Use regulations.
Although this article has been established to emphasize building form more than use, the r
following use regulations shall apply to uses in the PD District: M
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Principal uses. All uses that promote economic development shall be permitted in the PD
District, including, but not limited to, industrial; institutional; educational; governmental; U
recreational; conservation; manufacturing; renewable and alternative, energy resources
(including generation and distribution of such energy resources, storage and demand
response resources); commercial, except for those commercial:uses described as retail, Q
personal service and restaurant and deemed supportive pursuant to § 301: 3
341 B 2 below; and the development of public facilities, utilities, and infrastructure
necessary to support those uses. Notwithstanding the above., the following industrial,
manufacturing and commercial uses shall be prohibited: garbage .disposal dumps, 0
landfills,. incinerators or transfer stations; g"as stations and gas manufacture from coal,
coke, or petroleum; petroleum and/or kerosene distillations or refining and storage
facilities]sand, gravel, mineral quarrying and mining; motor vehicle,.boat, and equipment Q
dismantling, wrecking,.and compacting; outdoor sale or storage of motor vehicles, boats,
and equipment except by special permit of the Town Board and subject to the following
minimum standards: Outdoor storage must be incidental and supportive to the principal o
use.and buildng(s); outdoor storage may not.exceed one third the size of the principal
building(s);outdoor storage must be located on the same lot as the building(s)for principal
use; outdoor storage.areas shall be visually screened and landscaped from public view; E
roadways, and adjacent properties; manufacture, warehousing, wholesaling, sale and o
storage of hazardous, dangerous, explosive material, including ammunition, acids, and
any use which generates offensive noise, vibration, dust, smoke, gas or other nuisances o
shall be prohibited: In addition to the prohibited uses and restrictions set forth above, the
following use of property within the PD Zoning District, inclusive of existing runways, are
prohibited: commercial passenger airport, cargo and freight airport: flight instruction or n:
flight training; aeronautical services, except-for fueling, hangaring, tie-down, parking,and. co
maintenance ancillary to a permitted principal use and shall not be.open to the. eq neral
Public; aircraft rental nor shall any portion of.the property be registered or licensed with
any federal, state, local .government entity or agency thereof or listed on aviation charts Q
or maps for the prohibited uses identified herein above. All sale, lease or use of.the $
Property or a portion thereof located within the PD Zoning.District shall require owner; M
lessee or applicant, as the case may be, to file covenants restricting use of property within °
the PD Zoning District consistent with the prohibitions set forth above and include o
limitation, to make application to or accept funding from any federal, state local
government entity related to any prohibited use set forth above.
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Office of the Town Clerk
James M. Wooten,, Town Clerk
Registrar of Vital,Statistics Records Management'Officer Marriage Officer
January 19, 2024
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 January 17, 2024
93- Resolution # 94—Adopl;edlE 1/17/2024-
ADOPTS A LOCAL LAW AMENDING CHAPTER 293 OF THE RIVERHEAD TOWN
CODE ENTITLED "WATERWAYS AND WATER-RELATED ACTIVITIIES11
Sincerely,
James M. Wooten
JMW:cd
4 West Second Street—Rliverhead, New York 11901 (681)727-3200.Ext. 260
1
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'S�?.c.ti yy.fin a.nwx
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Office of the Town Clerk
Jaynes M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
January 19, 2024
Honorable Town Clerk:
Your resp se to is letter will acknowledge receipt of the attached resolution
adopted by th iverh ad T' n B ard. Kindly please sign and email ac k to the
Riverhead T CI , J es oote ownclerk townof ive fiea ov.
Signature: Date:
Regular n Board is
January 17, 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 January 17, 2024
#3- Resolution # 94—Adopted 1/17/2024
ADOPTS A:LOCAL LAW AMENDING CHAPTER 293 OF THE RIVERHEAD TOWN
CODE ENTITLED "WATERWAYS AND WATER-RELATED ACTIVITIES"
Sincerely,
cp6mluo A
James M. Wooten
Town Clerk
JW:cd
4 West Second Street-r Riverhead, New York 11901—(631)727-3200 Ext. 260
FA 1.21
01.17.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-94
ADOPTS.A LOCAL LAW AMENDING CHAPTER 293 OF THE RIVERHEAD TOWN
CODE,ENTITLED "WATERWAYS AND WATER-RELATED ACTIVITIES"
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 amend Chapter 293 of the
Riverhead Town.Code entitled, "WatetWays and Water-Related Activities"; and
WHEREAS, a public hearing was held on the, 17th day of January 2024 at 6:05
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.
NOW THEREFORE BE IT RESOLVED, that a local law to amend Chapter 293
Of Ithe Riverhead Town Code entitled, "Waterways and Water-Related Activities" 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
AD.OPTED;[ JNAMM`d'US]'
"MOVER: Kenneth�R'othwell,;q,Councilti an,
SECONDER: Ro'bert.Kerri;'1Coun'cilman
AYES;: Hubbar•""d', Rgfhwe61,.Kern, Merri e.ld;,'-U1%a'ski
;Packet Pg.111
TOWN OF RIVERHEAD d
NOTICE OF-ADOPTION 0
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law to-amend Chapter 293 of the Riverhead Town Code entitled "Waterways and c 0
Water-Related Activities"at its regular meeting held on January 17;2024. The intent of the
proposed legislation is to permit shellfishing for residents for a limited time in.the East
Creek, a
A copy of1he entire text of the adopted local laW May be.reviewed at the Office,of
the Town Clerk, 4 West Second Street, 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: w.ww.townofriverheadny.gov under the Agenda and Minutes for
the January 17, 2024 Town Board Meeting. r
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Dated: Riverhead, New York
January 17, 2024 a
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERH.EAD
JAMES W.00TEN., Town Clerk
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F i i�i
Chapter 293. Waterways-and Water-Rolated Activities
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Part 4. Fishing and Shelffishing
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Article V1.11. Terminology
§ 293-40. Definitions.
In this Part 4, unless the context requires otherwise, the following terms shall have the meanings
indicated: 0
unchanged paragraphs are omitted
CL
M
TEMPORARY.RESIDEN'T
A perr.GR WhO is tempeFarily visiting and OGGupyinq living quaqers within the Tewn ef RiveFhead for a
m.WrAHUFn of 90 days each yeaF.
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unchanged paragraphs are omitted
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Article IX Shellfish and Finflish _0
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§ 293-42.1 Limitations specific to the East Creek
o
A.Access to the East Creek shall be seasonal and Aependent upon advisement from the New York,
State Department of Environmental Conservation on a yearly basis.The date range of allowable
activity I is subject to change and shall be reflected on the annual shellfish permit issued by the Town CP
Clerk. CV
Bi If the East Creek is oven, permittees.may only remove shellfish during the hours of 9:00 am
3:00 Pm, Mond.!y-Friday. No-weekends or hol'idaV8. Removal of'shellfth on dates outside,of the,
annual season asprescribedby the New'York State Department of Environmental Conservation,
shall.be prohibited.-
20.
C. The.taking of shellfish shall be limited, on a daily basis,to a 1/2 bushel of individually combined
shellfish.hellfish, of which no more than 100 shall be hard clams.
D. Commercial removal of shellfish And/or finfish from the,waters of the East Creek shall be:
prohibited
E. Removal of shellfish from the waters of the East Creek by a non-Riverhead Resident shall be E
prohibited,
M
§ 293-43. Permit. applications.
E
A. An y person qualified asset forth,may obtain a-permit for taking shellfish and setting of nets and M a
Tykes,from the waters or lands under the waters of the Town of Riverhead by making,an application
therefor and:paying the fee as set forth above.
ac
B..Such application shall be made in duplicate, in writing, in the form prescribed by the Town Clerk
and shall•tate:
(1)The.applicant's name.
(2)'Theapplicant's residence with streetand number, if any. o
(3)'The length of time,of the applicant's residence in the Town of Riverhead.
(4)The applicant's age,,sex, height and color of eyes and hair. 3
(5)The applicant's,domicile outside the Town of Riverhead with street and number, if any. f°-
(6)The applicant's real property owned in the Town of Riverhead with street and number, if any.
(7)Any permits issued hereunder shall become void if the holder ceases to be a resident/or taxpayer
GF4erApp FGIry resioejgt
C. Permits shall be in the form,prescribed by the Town Clerk and shall contain the matters set forth
upon the application.The original application-shall be filed in the Town Clerk's officeand a duplicate Y
application in the office.of the Riverhead Town Police and a duplicate application In the.office of.the 0
Town Supervisor. Permits shall not be transferable, and any person engaged in taking shellfish from
the waters and lands under waters of the.Townpf Riverhead' hall be obligated to disclose his name, L
address and current permit'n.umber to any enforcement officer..Failure to do so shall be presumptive a
evidence that such,person has not obtained such permit. tM
_
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§ 293=64. Termination of permit.
A. The permit is void if not,used within one year from the date of issue. E
B. Any permits issued hereunder shall,b'e'come.void if the holder ceases to be a resident,-tempsraFy
Q
rooior taxpayer in the Town of Riverhead.
C. No extension of this permit shall be granted, except for good cause shown and upon written
-application.All permits are revocable by order of the Town Board, 0
Article XI. Penalties CL
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§ 293-65.. Penalties for offenses.
A. Any person,,association,firm or corporation which violates:any provision of this Part 4,ot assists o
in the violation of any provision of this Part 4 shall be guilty of.a.violation, punishable:
(1) By a fine,of not less than $250 500 and not exceeding$1,000,or by imprisonment for a period not
to exceed,15 days,:or both,for conviction of a first offense. e
2 B a fine of not less than_$1,000.nor more than $3,000 or 6 imprisonment for eriod not to y
( ) y Y� p.• p �
exceed 1'5 days; or both,for conviction of the second of two offenses, both of which were comrhitted
within a,period of five years.
(3) By a fine of not less than $2,0500 nor more,than $5,000 or by imprisonment for a period not to
exceed.15 days, or both,for conviction of the third or subsequent offenses of a series of offenses, all
of Vvhich were committed within,a period of five years. M
B. Each week's continued violation shall constitute:a separate and additional violation.
C.Each and every aforementioned fine shall be doubled for violations committed by non-residents
and/or commercial entities.
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Packef.Pa."J'15
02.21.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-187
ADOPTS A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO
GENERAL MUNICIPAL LAW
Councilwoman Waski offered the following resolution,
which was seconded by Supervisor 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 the Town's adopted
Procurement Policy pursuant to General Municipal Law as set forth at Chapter 115 of
the Riverhead Town Code; and
WHEREAS, a public hearing was held on the 6t" day of February, 2024 at or
about 2:15 o'clock p.m. at the Riverhead 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.
NOW, THEREFORE, BE IT RESOLVED that the Town Board adopts by Local
Law only those amendments to the Town of Riverhead's Procurement Policy Guideline
2, to exempt public works contracts for a specific trade which is not included among the
list maintained by the New York State Commissioner of Labor or such trade is classified
as "miscellaneous" or "general" for such apprenticeship agreement at the time of
opening of the bid; any construction contract utilizing federal, state, county or other
funding assistance, including donation(s) to the extent the funding assistance precludes
application of this section from apprenticeship required as fully set forth in the attached
public notice; 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: A60PTEC?[UNANIMOUS]
MOVER: Joann Waski, Councilw'oman'
SECONDER: Tim Hubbard, Supervisor
AYES: Tim Hubbard, Robert Kern, Denise Merrifield, Joann Wa ki
ABSENT Kenneth Rothwell
Packet Pg.96
FISCAL IMPACT STATEMENT
OF PROPOSED RIVERHEAD TOWN BOARD LEGISLATION
A. Type of Legislation Resolution Local Law XXX
A. Title of Proposed Legislation:Adopts a Local Law to Amend Procurement Policy Pursuant to General Municipal Law
ADOPTS A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO GENERAL MUNICIPAL LAW
B.
C. Purpose of Proposed Legislation:
D. Will the Proposed Legislation Have a Fiscal Impact? Yes No XXX
E. If the answer to section D is"yes",select(a)or(b)below and initial or detail as applicable:
(a) The fiscal impact can be absorbed by Town/department existing resources set forth in approved Town Annual Budget
(example:routine and budgeted procurement of goods/services)'if selecting E(a),please initial then skip items F,G and
complete H,I and J;
or
(b) The description/explanation of fiscal impact is set forth as follows:
F. If the answer to E required description/explanation of fiscal impact(E(b)),please describe total Financial Cost of Funding over
5 Years
G. Proposed Source of Funding
Appropriation Account to be Charged:
Grant or other Revenue Source:
Appropriation Transfer list accounts and amount):
H. Typed Name & I. Signature of Preparer J. Date
Title of 2/09/24
Preparers Karen
Occhiogrosso
I amn t cchopurowo
Karen Qcchiogrosso 2121/2024
K. Accounting Staff L. Signature of Accounting Staff M. Date
Name & Title 2/13/24
William Rothaar ,
Accounting
Department William Rothaar
Packet Pg.96
TOWN OF RIVERHEAD 9'24'a
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law amending the Procurement Policy pursuant to General Municipal Law at its
regular meeting held on February 21, 2024 as follows-
0
TOWN OF RIVERHEAD
Procurement Policy N
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PURPOSE: The purpose of this Procurement Policy is to ensure that sound
business judgment is utilized in all procurement transactions and that supplies, •o
equipment, contracts, and services are obtained efficiently and in compliance with °-
applicable laws and to ensure that all procurement transactions will be conducted in a
manner that provides full and open competition and prudent and economical use of public E
money. In addition, this Procurement Policy seeks to ensure that the same sound
business judgment used for the purchase of personal property (i.e. supplies and 0
0.
equipment) is used for the evaluation of personal property and/or assets with respect to
its usefulness to the Town now or in the foreseeable future and cost effective and efficient a
procedures for disposition of the personal property and/or assets deemed no longer of Q
public use to the Town.
Guideline 1: Every prospective purchase of goods or services shall be evaluated to J
determine the applicability of General Municipal Law §103 inclusive of all future statutory o
amendments, deemed to be incorporated by reference, as if recited in its entirety herein. J
Every town officer, board, department head or other personnel with the requisite
purchasing authority (hereinafter "purchaser") shall estimate the cumulative amount of
the items of supply or equipment needed in a given fiscal year. The information gathered Q
and conclusions reached shall be documented and kept with the file or other00
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documentation supporting the purchase activity.
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Guideline 2: All purchases of supplies or equipment which will exceed $20,000 in the
fiscal year or public works contracts over $35,000 shall be formally bid pursuant to
General Municipal Law §103 inclusive of all future statutory amendments, deemed to be 0
0.
incorporated by reference, as if recited in its entirety herein. In addition, New York State =
Finance Law 139-L, effective January 1, 2019, requires that all competitive bids for goods 0)
sold or services to be performed contain a statement subscribed by the bidder and 2
affirmed by such bidder that the "bidder has and has implemented a written policy o
addressing sexual harassment prevention in the workplace and provides annual sexual a
harassment prevention training to all of its employees"... and "[s]uch policy shall, at a 0
minimum, meet the requirements of section two hundred one-g of the labor law" (New o
York State Finance Law 139-L(a)). In addition to compliance with General Municipal Law Q
and Finance Law recited above, public works contracts involving construction contracts,
as defined in Labor Law section 816-b, in excess of $250,000.00 and/or 100,000 square Q
feet, whichever is less, shall require the bidder/contractor and subcontractors on such
construction contracts to meet requirements set forth in Guideline 5, except for the o
following purchase of goods or public works contracts: purchase of goods or public works z
contracts identified in Guideline 6 (1), (2) (a) and (b), (3), (4) and (6): public works
contracts for a specific trade which is not included among the list maintained by the New
York State Commissioner of Labor or such trade is classified as "miscellaneous" or U
it for such apprenticeship agreement at the time of opening of the bid: any Q
Packet Pg.97
construction contract utilizing federal, state, county or other funding assistance, including 9'24'a
donation(s) to the extent the funding assistance precludes application of this section.
Guideline 3: (1) All estimated purchases of less than $20,000 but greater than $3,000
shall require a written request for a proposal ("RFP") and written/fax quotes from at least
three comparative vendors; less than $3,000 but greater than $1,000 require an oral
request for proposal for the goods, equipment or supplies and oral/fax quotes from at o
least two vendors and purchaser shall maintain a record of responses whether they are =
received by phone or in writing detailing date/time, name of individual offering quote, and N
remarks detailing quote; less than $1,000 are left to the discretion of the purchaser. (2)
All estimated public works contracts of less than $35,000 but greater than $10,000 require
a written request for proposal and fax/proposals from at least three comparable o
contractors; less than $10,000 but greater than $1,000 require a written request for �-
proposal and fax/proposals from at least two contractors and purchaser shall maintain a
record of responses whether they are received by phone or in writing detailing date/time, E
name of individual offering quote, and remarks detailing quote; less than $1,000 are left
to the discretion of the purchaser. (3) All written RFP shall describe the desired goods, o
0.
quantity and details regarding delivery, including mode of delivery and time parameters
for delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral a
quotes have been requested and the written/fax/oral quotes offered. (4) All information Q
gathered in complying with the procedures of this guideline shall be preserved and filed °
with the documentation supporting the subsequent purchase or public works contract. All 3:
responses to the RFP shall be kept confidential until such time as the contract for work J
or goods is awarded and thereafter all documents responsive to the RFP shall be subject o
to disclosure pursuant to the applicable provisions of the Public Officers Law. In addition, J
while the recent amendments to New York State Finance Law 139-L (b), effective January
17 2019, do not require the certification set forth above for bids that do not require o
competitive bid (See Guideline 3 subsections (1), (2) and (3) and Guidelines 5 and 6 set Q
forth herein) and instead recite that the department, agency, or official has discretion to00
r,
require the certification, all department heads shall consider and as appropriate require
It-
the Finance Law 139(a) certification. N
N
Guideline 4: All purchasers shall make a good-faith effort to obtain the required
number of proposals or quotations. If the purchaser is unable to obtain the required o
0.
number of proposals or quotations, the purchaser shall document the attempt made at
obtaining the proposals. In no event shall the inability to obtain the proposals or quotes 0)
be a bar to the procurement. 2
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Guideline 5: The lowest responsible proposal or quote shall be awarded the purchase a
or public works contract unless the purchaser prepares written justification providing o
reasons why it is in the best interest of the town and its taxpayers to make an award to
other than the low bidder. If a bidder is not deemed responsible, facts supporting that °
Q
judgment shall also be documented and filed with the record supporting the procurement. 0
Notwithstanding the above all public works projects involving construction contracts, as Q
defined in Guideline 2, shall require a contractor and subcontractor(s) who is a party to, °
a�
or working under, a construction contract, to be a participant in good standing of a Class
"A" qualified apprenticeship program that is registered with and approved by the New z
York State Department of Labor or U.S. Department of Labor and to have apprenticeship
agreements, as evidenced by valid Certificates of Completion which are specifically E
identified as pertaining to the specific trade(s) and/or job titles(s) called for within the U
construction contract and appropriate for the type and scope of work to be performed, as Q
set forth and described in the bid specifications. In addition, all contractors and
Packet Pg.98
subcontractors must submit to the Town, Certificates of Completion showing that they, or 9'24'a
their sponsor participate in a Class "A" qualified apprenticeship program; a Class "A"
qualified apprenticeship program shall mean an apprenticeship program that has
graduated at least one apprentice from a New York State Department of Labor or U.S.
Department of Labor approved and registered apprenticeship program, in the trade and/or
job title called for within the construction contract, within a 24 month time period
immediately preceding the bid date of such project. The contractor and/or subcontractor o
must submit to the Town (i) a letter certifying that it currently operates a Class "A" qualified =
apprenticeship program as a sponsor, (ii) a letter from the Class "A" qualified N
apprenticeship program's sponsor certifying the contractor and/or subcontractor are
signatory to the sponsor and that the program is a Class "A" qualified apprenticeship >%
program as defined herein, or (iii) if the contractor or subcontractor participates in a •o
recently formed apprenticeship program, it may satisfy the requirement of this certification �-
by providing documentation showing that the Class "A" qualified apprenticeship program
in which it participates: (a) has been established within the past five years; (b) is currently E
registered with and approved by the U.S. Department of Labor or a state apprenticeship
agency; and (c) provides bona fide apprenticeship training to participants and is in o
0.
compliance with the standards and requirements applicable to registered apprenticeship
programs under 29 C.F.R. 29, including the requirement under these rules to maintain as
at least one registered apprentice in accordance with the guidelines of 29 C.F.R. 29.6(a). Q
It shall be a contractor's and/or subcontractor's responsibility to submit the required °
Certificates of Completion as part of any bid submitted in connection with a construction 3:
contract. The failure of the contractor and/or subcontractor to provide the required J
Certificates/Certifications shall disqualify the contractor being awarded, or performing the o
construction contract or from the subcontractor being approved as a subcontractor on the J
construction contract. Note, it shall be the responsibility of the department administering W
a construction contract to verify that a contractor or subcontractor meets these o
requirements and has included the required apprenticeship documentation in his/her bid. Q
00
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Guideline 6: A request for proposal and/or quotation shall not be required under the
following circumstances: o
(1) Contract for professional services subject to resolution of the Town Board.
(2)(a) Purchase of goods, equipment or supplies or contract for services through
qualifying contracts let by other New York State political subdivisions provided that (i) the o
0.
contract must have been let by the United States or any agency thereof, any state or any
other political subdivision or district therein; (ii) the contract must have been made policy 0)
available for use by other governmental entities, i.e. inclusion in the contract let by the 2
other entity of a clause extending the terms and conditions of the contract to other o
governmental entities; and (iii) the contract must have been let to the lowest responsible a
bidder or on the basis of best value in a manner consistent with General Municipal Law § o
103 and related case law. This provision is intended to include all future statutory
amendments of General Municipal Law (16) and same are deemed to be incorporated by °
reference as if recited in its entiretyherein. *Note GML 103 16 was is originally Q
( ( ) g Y 0
scheduled to expire on August 1, 2017 and has been extended to July 31, 2019). Q
(2)(b) Purchase of goods, equipment or supplies or contract for services through °
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qualifying contracts let by the County of Suffolk or through any county within the State of U
New York subject to County Law 408(a). z
(3) Public emergency arising out of an accident or unforeseen occurrence or condition
affecting public buildings, public property or life, health, safety or property of the E
inhabitants of the Town. Unless exigent circumstances exist such that time is of the U
essence, Purchaser shall seek to obtain approval of the Town Board prior to purchase or Q
contract.
Packet Pg.99
(4) Sole-source situations (purchaser must obtain written verification from vendor) 9'24'a
(5) Surplus and second-hand supplies, material or equipment from federal
government, State of New York, or other political subdivisions, districts, or public benefit
corporation.
(6) Purchase of goods, equipment and supplies under State contracts through the
Office of General Services and subject to rules promulgated by the Office of General
Services. o
Guideline 7: The purchase of goods or services must be accompanied by a duly N
signed and completed purchase order or contract except a purchase order shall not be
required prior to purchase/procurement under those circumstances identified in Guideline
6 and purchases or public works project less than $1000.00. The above guideline is not •o
intended to eliminate the requirement for a purchase order. Note, all Department Heads �-
shall be responsible to verify the existence of a bid or contract award for the same or
similar goods or services and shall be limited to purchase from such vendor/contractor. E
L
V
Guideline 8: The Town Department responsible for personal property and/or asset(s) o
0.
it wishes to have declared surplus shall complete a "Plant Asset/Office Equipment
Disposal Form" including a description of the item, serial/tag #, location, condition,
estimated surplus value, and reason for disposal. The Plant Asset/Office Equipment Q
Disposal Form must be signed by the supervisor/manager of the department and filed 0
with the Office of the Financial Administrator. Town Departments may transfer assets and 3:
equipment provided that a Plant Asset/Office Equipment Disposal Form records the J
transfer and same is filed with the Financial Administrator. Finally, the Office of the o
Financial Administrator, with the assistance of Department Heads, shall evaluate J
estimated surplus value of all assets and equipment disposed on a bi-annual basis and W
policy make recommendation to the Town Board regarding disposal or sale, subject to all o
applicable laws and procedures regarding disposition of surplus asset/equipment, Q
including but not limited to bid procedures set forth in General Municipal Law § 103, and00
r,
receipt of an "As-Is" Statement and/or Liability Waiver. Note, all Town logos or other
markings identifying the property as Town property shall be removed prior to sale. This o
policy shall not in any way limit or prohibit the Town Board from donating an item of
personal property and/or asset as permitted under the law. For Purposes of Guideline 8:
Surplus shall be defined as any Town personal property and/or asset that is no longer o
IL
needed now or in the foreseeable future or that is no longer of value or use to the Town
and Estimated Surplus Value shall be defined as the estimated amount of money an
interested party will be willing to pay the Town for the property. This can be determined L
through an estimate, an appraisal, Kelly blue book value or other sources available to the o
responsible Department or Office of the Financial Administrator. a
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Guideline 9: This policy shall be reviewed annually by the Town.
.2 o
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Dated: Riverhead, New York 0
February 21, 2024 Q
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BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD z0
JAMES M. WOOTEN, Town Clerk
a�
E
• Underline represents addition(s) U
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Packet Pg. 100
9.25
02.21.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-188
ADOPTS A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN
CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS"
Supervisor Hubbard offered the following resolution,
which was seconded by Councilman Kern
WHEREAS, by Resolution 2024-107 adopted on January 17, 2024, 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 6th day of February, 2024 at or
about 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 action 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
RESULT: A60 TEC1 UN IIMOUS]
MOVER Tim Hubbard,'Supervisor
SECONDER: Robert Kern, Councilman'
AYES: Tim Hubbard, Robert Kern, Denise Merrifield, Joann Wa ki
ABSENT Kenneth Rothwell
Packet Pg. 101
FISCAL IMPACT STATEMENT
OF PROPOSED RIVERHEAD TOWN BOARD LEGISLATION
A. Type of Legislation Resolution Local Law X
B. Title of Proposed Legislation:Adopts a Local Law to Amend Chapter 289 of the Riverhead Town Code Entitled"Vehicles,
Traffic and Parking Regulations"Adopts a Local Law to Amend Chapter 289 of the Riverhead Town Code Entitled"Vehicles,
Traffic and Parking Regulations"
C. Purpose of Proposed Legislation:To create"Part 5 entitled"Seizure/Towing of Vehicles from Private Property Owners with a
Publicly Accessed Parking Lot."
D. Will the Proposed Legislation Have a Fiscal Impact? Yes No X
E. If the answer to section D is"yes",select(a)or(b)below and initial or detail as applicable:
(a) The fiscal impact can be absorbed by Town/department existing resources set forth in approved Town Annual Budget
(example:routine and budgeted procurement of goods/services)'if selecting E(a),please initial then skip items F,G and
complete H,I and J;
or
(b) The description/explanation of fiscal impact is set forth as follows:
F. If the answer to E required description/explanation of fiscal impact(E(b)),please describe total Financial Cost of Funding over
5 Years
G. Proposed Source of Funding
Appropriation Account to be Charged:
Grant or other Revenue Source:
Appropriation Transfer list accounts and amount):
H. Typed Name & I. Signature of Preparer J. Date
Title of 2/08/24
Preparers Cathy
Seebeck
Cathy Seebeek 2/21/2024
K. Accounting Staff L. Signature of Accounting Staff M. Date
Name & Title 2/13/24
William Rothaar,
Accounting
Department William Rothaar
Packet Pg. 102
TOWN OF RIVERHEAD o
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead
adopted a local law to amend Chapter 289, of the Riverhead Town Code entitled,
"Vehicles, Traffic and Parking Regulations". The intent of the proposed amendment is to N
create "Part 5" entitled "Seizure/Towing of Vehicles from Private Property Owners with a o
Publicly Accessed Parking Lot." Q
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A copy of the entire text of the adopted local law may be reviewed at the Office of N
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.townofriverheadny.gov under the Agenda and Minutes for
the February 21, 2024 Town Board Meeting.
0
Dated: Riverhead, New York
February 21, 2024
BY ORDER OF THE TOWN BOARD Y
OF THE TOWN OF RIVERHEAD a
JAMES M. WOOTEN, Town Clerk =
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Chapter 289 Vehicles, Traffic and Parking Regulations
Part 5 Seizure/Towing of Vehicles from Private Property Owners with a Publicly00
Accessed Parking Lot
Article XIII
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§ 289-67 Purpose.
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A. The Town of Riverhead hereby finds that § 1210, Subdivision (c), of the New York Vehicle and Traffic Q
Law provides that towing agencies which remove vehicles unlawfully parked on private property at the o
request of the owner of the premises and without the written consent of the owner of the vehicle shall 3:
immediately notify the local police station house having jurisdiction over the area where such vehicle
was unlawfully_parked of the description of the car which was removed and the time of removal, so as o
to inform owners of towed vehicles that their cars have not been stolen.
B. The Town of Riverhead further finds and determines that consumers are currently at risk of having their o
vehicles seized without substantive due process, notice or opportunity to retrieve their vehicles without Q
the fear and panic of believing that their towed cars have been stolen, as evidenced by the growl
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number of incidents involving senior citizens and other innocent consumers who return to the upsetting 00
scene of an apparent theft of their vehicles in a shopping center parking lot. Moreover, consumers are at
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risk of being over-charged by towing companies in these situations.
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C. Therefore, the purpose of this article is to regulate the towing, seizure and associated fees in noncrimina
law enforcement situations by private towing companies hired by private property owners with publicly 20
accessed parking lot in order to protect consumers while respecting_ the he ri_hg is of property owners. v
§ 289-68 Notification requirements. '
A private property owner with a publicly accessed parking lot, who wishes to have a vehicle towed without o
the written consent of the owner of the vehicle, shall comply with the following requirements:
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A. The parking lot shall have conspicuously_posted, at each entrance, signs _(at least four feet high with at(at least four feet high with at
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least two-inch-high lettering), which shall contain the following information: °-
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(1) A statement warning that ille�y_parked vehicles will be towed, together with any other lawful 4
conditions imposed on use of the parking lot which could result in towing if violated. U
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(2) The hours during which this prohibition is applicable. >
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(3) The name and phone number of the towing company contracted by the owner of the parking lot.
(4) The property owner's name. N
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B. Upon entering into an agreement with a towing company, the property owner shall suply the towing
company with a signed letter, a copy of which shall be filed with the Riverhead Town Clerk and the
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Riverhead Town Police Department, and shall contain the following_
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(1) The name, address, and phone number of the owner.
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(2) The address and description of the property_
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(3) The name of the authorized tow company_ E
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(4) The cost of the tow to be paid by the vehicle owner. Q
Packet Pg. 104
(5) The specific violations for which the tows/seizures are authorized.
(6) The specific days and hours during which towing is authorized.
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(7) The location where the vehicles will be stored. a;
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§ 289-69 Tow company requirements. v
A tow company or tow truck operator shall comply with the following regulations when seizing or towing
vehicles for privately owned publicly accessed parking lots, without the written consent of the owner of the
vehicle: Q
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A. Tow companies shall enter into an agreement with the property owner prior to any towing of vehicles.
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B. The seizure or tow of a vehicle is only authorized when the owner of the property or his or her o
representative is actually present and requests that a particular vehicle be seized or towed. The property
owner's representative cannot be the tow company or tow truck operator unless the tow company or Q
operator is the actual property owner. .0
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C. The tow truck operator shall have a copy of the signed letter stated above in Section § 289-68 (B)from co
the property owner in his or her possession.
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D. The tow truck operator shall have a written "seizure/tow authorization" in his or her possession, to tow
specific vehicle, which shall be signed by the property owner or his representative prior to the
seizure/tow. This authorization shall contain the following information:
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(1) Date and time of the seizure/tow. v
(2) Location of the seizure/tow. '
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(3) Reason for the seizure/tow. a
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(4) Cost of the seizure/tow to be paid by the vehicle owner.
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(5) Location to which the vehicle is towed. E
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(6) Description of the vehicle (date number, vehicle identification number, year, make, model, color and w
notation of any damage to the vehicle).
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(7) Name and address of the tow truck operator. o
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(8) Tow company name, address and phone number. o
E. Immediately after the tow truck operator seizes or tows a vehicle, he or she shall provide a copy of the 06
seizure/tow authorization to the Riverhead Town Police Department.
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§ 289-70 Fees and charges.
A. Fees charged for the seizure/tow of a vehicle from privately owned,publicly accessed parking lots x
within the Town of Riverhead shall not exceed the fees established for municipal towing�purposes,
which is $375. U-
B. The only additional fee that may be assessed is for storage of the vehicle, which fee shall not exceed $2(
per day. Storage fees shall not be charged for days on which the vehicle is not available for pickup from
the pertinent tow operator or for days on which the pertinent tow operator is closed, and
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C. Upon payment of all required charges for the release of a towed vehicle, the towing _companycompany shall
Packet Pg. 106
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provide the owner or authorized user of the vehicle with a receipt that reflects all Payments made
towing company.
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D. No private property owner with publicly accessed parking lots shall receive or enter into any contract or c°
other agreement to receive from a tow company, nor shall any tow company pay or enter into any d;
contract or other agreement to pay to the private property owner, any share of the payments received for
the towing or storage of a towed motor vehicle or any fee or amount dependent upon the number of U
towed motor vehicles removed from said private property owner's parkin_ g lot. C
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§ 289-71 Penalties for offenses. Q
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Anypersonwho violates anyprovisionof this Chapter, shall be guilty of a violation and be subject to a
fine of not less than $500 nor more than $1,500 and/or a period of incarceration not to exceed 15 days.
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§ 289-72 Exemptions. 0
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A. This article shall not aply to the removal of abandoned motor vehicles that are deemed abandoned
pursuant to § 1224 of the New York Vehicle and Traffic Law or covered by Part 3 of this Chapter of the o
Riverhead Town Code. Q
B. This article shall not apply to motor vehicles towed and/or seized by, or on behalf of, any state, local or o
federal law enforcement authorities.
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§ 289-73 Applicability.
This article shall be deemed effective and aply to any actions occurring on or after March 1, 2024.
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"'pFfi tYMSgMIR'IYM Y4YtY�'Y1fUM
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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 February 6, 2024
#4- Resolution # 148 —Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT, ARTICLE XVII.
BUSINESS F (BUS F) ZONING USE DISTRICT (MANUFACTURERS OUTLET
CENTER OVERLAY ZONE)"
Sincerely,
�2"
A zjve --
James
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11901. (631)727-3200 Ext. 260
YRUM/.F'IfN IIR IY�YtYSUM
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Y
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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, James Wooten at town clerk("`)a.townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting February 6, 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 February 6, 2024
#4- Resolution # 148 —Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT, ARTICLE XVII.
BUSINESS F (BUS F) ZONING USE DISTRICT (MANUFACTURERS OUTLET
CENTER OVERLAY ZONE)"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260
9.36
02.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-148
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED, "ZONING AND LAND DEVELOPMENT, ARTICLE XVII.
BUSINESS F (BUS F) ZONING USE DISTRICT (MANUFACTURERS OUTLET
CENTER OVERLAY ZONE)"
Councilwoman Waski 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 amend Chapter 301, entitled
"Chapter 301 of the Riverhead Town Code Entitled "Zoning and Land Development,
Article XVII. Business F (Bus F) Zoning Use District (Manufacturers Outlet Center
Overlay Zone)", of the Code of the Town of Riverhead ("Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 17th day of January, 2024 at 6:15
p.m. at the Riverhead 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, pursuant to 6 NYCRR Part 617.4 (2)., "The adoption of changes in
the allowable uses within any zoning district, affecting 25 or more acres of the district;"
is considered to be a Type 1 action pursuant to SEQRA; and
WHEREAS, Planning Staff, on behalf of the Town Board, has prepared Part 1,
Part 2, Part 3 of the Full Environmental Assessment form (FEAF) dated December 14,
2023; and
WHEREAS, the Town Board has not identified any other involved agencies for
the proposed action, as such SEQRA regulations state that in cases in which there is
only one involved agency, in this case the Riverhead Town Board, coordinated review is
not required and said agency must assume the responsibilities of Lead Agency. Now,
therefore, be it
RESOLVED, that the Town Board hereby assumes Lead Agency Status for the
purposes of SEQRA review; and be it further
RESOLVED, that the Town Board, as lead agency, hereby issues a Negative
Declaration pursuant to SEQRA, for the adoption of the Local Law, as the proposed
action is not expected to result in any significant adverse environmental impacts
NOW, THEREFORE BE IT RESOLVED, that the local law amending Chapter
301, entitled "Chapter 301 of the Riverhead Town Code Entitled "Zoning and Land
Development, Article XVII. Business F (Bus F) Zoning Use District (Manufacturers
Outlet Center Overlay Zone)" of the Code of the Town of Riverhead ("Riverhead Town
Packet Pg. 185
Code") is hereby adopted as specified in the attached notice of adoption; and be it 9.36
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: Joann Waski, Councilwoman
SECONDER: Kenneth Rothwell, Councilman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 186
9.36.a
TOWN OF RIVERHEAD
NOTICE OF ADOPTION a
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law amending Chapter 301, entitled "CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT ARTICLE XVII. BUSINESS F
(BUS F) ZONING USE DISTRICT (MANUFACTURERS OUTLET CENTER OVERLAY
ZONE)" of the Riverhead Town Code, at its regular meeting held on January 17, 2024. The
intent of the proposed legislation is to allow for increased uses including but not limited to J
interior design, showroom and trade center and specialty grocery markets.
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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 U)
of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of0
Riverhead website at: www.town ofriverheadnV.gov under the Agenda and Minutes for the
January 17, 2024 Town Board Meeting. co
Dated: Riverhead, New York o
February 6, 2024
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BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
JAMES M. WOOTEN, TOWN CLERK 0
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9.36.b
Chapter 301. Zoning and Land Development
Article XVII. Business F (BUS F) Zoning Use District (Manufacturers Outlet Center U)
Overlay Zone) C
§ 301-86 Purpose.
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It is the specific purpose and intent of this article to provide for
^enters and the following permitted uses: manufacturers' outlet and retail sales center, CU
interior design showroom and trade center, and specialty grocery, food stores and market
center, together with their customary accessory and attending uses such as those
permitted under 301-88 upon those lands which are appropriate due to their location
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relative to public infrastructure and which are accessible to arterial roadway networks. Q
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§ 301-87 Special permit uses.
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In the Business F District, no building, structure or premises shall be used, arranged or CU
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designed to be used and no building or structure shall hereafter be erected, reconstructed o
or altered, unless otherwise provided in this chapter, except for the following specially
permitted uses. The arrangement and design of all buildings shall be single-story campus, 00
except for such use(s) exempt from single-story requirement set forth in the provisions
below, and architecturally designed such that each use appear compatible and N
harmoniously incorporated into the unitary design of the entire campus and within each
building(s) the uses shall be linked to a common market orientation. All Pad sites,
Presently three exist described as building 400, 1600, and 1700, shall be compatible with
and/or complement the design of the buildings within the manufacturers' outlet and
retail sales center, interior design showroom and trade center, and specialty grocery,food
stores and market center. All special permit uses set forth herein shall be subject to the
approval of the Town Board pursuant to the definition of "special permits" in §301-3 of
this chapter. The three uses to wit: manufacturers' outlet and retail sales center, interior
design showroom and trade centers, and specialty grocery, food stores and market center
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described below may be located within the same campus however to the extent
practicable and within a time parameter set by such board designated to review and
approve, such use(s) shall be located within one building or clustered within such building
of the campus.
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A. Manufacturers outlet and retail sales center. Any building or buildings, or a portion
thereof, used by one or more enterprises operated by the manufacturer, brand specific s
retailer, or retailer for sale at retail or wholesale of first-quality goods, overruns and
factory seconds.
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9,36.b
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n 100,000 square feet. Interior Design and Decor Showroom & Trade Center. Any co
building or buildings used by one or more enterprises operated by the manufacturer,
wholesaler or retailer for display and retail sale of new first-quality furniture, fabric, rugs,
lighting, accessories, floor and wall coverings, fine art and framing, kitchens, bath, tile
and stone. While in manufacturers' outlet and retail sales center, each enterprise is
required to purvey either manufacturer, brand specific retailer or retailer products for sale
at retail or wholesale of first-quality goods, overruns and factory seconds, there is no
limitation or restriction requiring manufacture or distribution by an affiliate enterprise. In <
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addition, the display and retail of goods shall occupy a minimum of 70% of the total floor
area and a maximum of 30% of the floor area may be used for professional services, such
services not intended to include manufacture, fabrication, or storage.
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C. Specialty Grocery, Food Stores and Markets Center. Any building or buildings used
by one or more enterprises used as a specialty grocery for retail sale of specialty food
products such as baked goods, pasta, cheese, confections, coffee, meat, seafood, 00
produce, artisanal goods, and other specialty food products, and may also offer
additional food and non-food commodities related or complementary to the specialty
food products and limited to 20,000 sq. feet, specialty food store primarily engaged in
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the retail sale of specialized food products with limited distribution with preference for
local grown agricultural products and limited to 7500 sq feet, and specialty food
market comprising retail sale of specialty food products with preference for locally grown
or sourced products together with a variety of small scale restaurants with limited menu
and seating not to exceed 25 seats per venue, food and beverage counters, and, °
cooking school all of the uses located within one single space not to exceed 25,000
square feet. Drive throughs shall not be permitted.
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301-88 Accessory uses.
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Accessory uses shall include those uses customarily incidental to any of the above LL
permitted uses when located on the same lot and shall specifically include: U)
A.
Garages for the parking of vehicles.
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Off-street loading areas.
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Central heating or power plants. v
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Fully enclosed storage areas.
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.......... . .
9.36.b
Maintenance and utility facilities.
F.
Trash receptacles and dumpsters suitably screened. N
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PlaygFE)URd and Common areas. o
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ImpFeved Indoor and outdoor recreational areas. The outdoor recreation may include
walking or exercise trails, playgrounds, small amusements rides, carousels, splash pads.
Indoor recreation may include arcades, virtual reality games, billiards, foosball, ping pong,
yoga dance and other fitness activities. Indoor and outdoor recreation shall not include
motorcycle or ATV courses, raceways, bow and arrow or gun-firing ranges. Outdoor <
recreation areas and its attendant green space incorporated or made part of the outdoor J
recreation area(s) should be excluded from calculating the percentage of the total floor r
area for calculation of parking requirements. Notwithstanding the above, indoor
recreation shall be limited to 10,000 square feet per 100,000 square feet of approved site
plan. 0
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EkiildiRgs used by E)Re or mere eRterpFises where first quality, E)veFFuRS eF faGtery seGE)ndsN
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Food courts. U
One food court may be permitted within each campus and designed with a common
seatinq area with multiple counters for fast food vendors. A food court shall not provide o
table service and may not sell alcoholic beverages. Notwithstanding the above, a single
restaurant use may be substituted for a food court subiect to the follow restrictions: no
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direct vehicular access from immediately adjacent parking area to Route 58 or Route 25,
excluding direct vehicular access that exists on effective date of this Chapter, and instead
access is limited to roadways within the campus; billboards are prohibited and signage is U-
limited to storefront or campus kiosk; no drive-through; limited entertainment (i.e. pianist,
guitarist) shall be permitted within restaurants for the entertainment of patrons only and
all other entertainment shall require a special event permit pursuant to Chapter 255; m
outdoor seating may not exceed 20 % of available restaurant seatinq; and alcohol may o
be sold within the single use restaurant to patrons.
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Transportation centers.
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9.36.b
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Theater, indoor. Indoor theaters may be included in end-cap units of a building or located
with a free-standing buildings or on a pad sites. The portion of the building used for this E
use may exceed the single story height requirement but may not exceed 30 feet in height.
The Theater use may offer food and beverage service by counter service in the lobby or M
by delivery to patrons at their theater seats, subject to the conditions that there shall be
no outdoor food service, food and beverage purchased from outside the theater building CU
shall be prohibited inside the theater building, and if alcoholic beverages are served in
the theater building, such service shall be done in accordance with a valid state license.
Reserved theater seating may be offered. Theaters shall be excluded from calculating the
percentage of the total floor area for calculation of parking requirements. ¢
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§ 301-89 Additional development standards.
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Sites served by the Riverhead Sewer District shall have a maximum building area of
30%. In this instance, the Town Board may relieve landscape requirements through site
plan review.
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B.
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Off-street parking shall be generally required at one parking space per 200 square feet of
gross floor area. Areas of stairwells, elevators, restrooms and food courts may be
excluded by the Town Board through site plan review.
C.
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Frontage upon a major arterial roadway shall be required.
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Pursuant to Article LVI, Site Plan Review, of this chapter, site plan review shall be
required. In the consideration of a preliminary site plan accompanying the special permit,
the Town Board shall require the following:
A landscaped area of a minimum of 25% of the total site area.
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A landscaped front yard of a minimum of 100 feet measured from the property line. U
Existing vegetation should be made part of the landscaped front yard where appropriate.
Parking areas shall not be located within the front yard.
Packet Pg. 192
9.36.b
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In parking areas of greater than 10,000 square feet, landscaped areas shall be employed a)
to divide asphalt areas.
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Site plans shall, to the greatest extent practical, incorporate the special separation of
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architecturally related buildings in order to create interior courtyard and pedestrian areas.
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Areas of natural features, including freshwater wetlands, surface waters and slopes in E
excess of 15%, as well as those areas required for public facilities, shall not be considered
in the calculation of maximum building area. 75-
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§ 301-90 Prohibited uses. 0
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No building, structure, premises or lot in the Business F District (Manufacturers Outlet & 0-
Retail Sales Center, Interior Design Showroom And Trade Center showroom And Outlet
Center and Specialty Grocery, Food Stores And Market Center Overlay) shall be
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occupied for the following uses:
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Flea markets.
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Car washes.
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Printing plants. M
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General retail steFos „r shop ,,,,, ept as ethos,„-o de4. Drive through service.
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G. Medical and Professional Offices, except accessory professional office related to
Interior Design Showroom and Trade Center. d
Packet Pg. 193
9.36.b
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H. Hotel, Lodging or any use providing overnight accommodations. N
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I. Personal Care Services as a stand-alone use, including hair styling and hair care, nail m
salons, cosmetology, body art, tattoo, tanning salons or other business providing similar M
face or body care services.
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J. Adult uses. U
K. Stores or Lounges for use for sale of tobacco, tobacco substitutes or infused products, Q)
cannabis, and electronic cigarettes or products related to use of said products.
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iK"tr�wri:&a;ri�r*°"`ssuM
Office of the ?own clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer 'Marriage Officer
February 9, 2024
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 February 6, 2024
#5- Resolution # 149 —Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT ARTICLE LVIII.
CONDOMINIUM MAPS"
Sincerely,
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260
a ,
s .
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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, James Wooten at townclerk a@townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting February 6, 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 February 6, 2024
#5- Resolution # 149—Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT ARTICLE LVIII.
CONDOMINIUM MAPS"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, New York 11901— (631)727-3200 East. 260
9.37
02.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-149
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT ARTICLE LVIII.
CONDOMINIUM MAPS"
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 amend Chapter 301, entitled
"Zoning and Land Development, Article LVIII. Condominium Maps", of the Code of the
Town of Riverhead ("Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 17th day of January, 2024 at 6:30
p.m. at the Riverhead 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, pursuant 6NYCRR Part 617.5 (SEQRA) the proposed amendment is
considered a Type II Action, therefore no further environmental review is required.
NOW, THEREFORE BE IT RESOLVED, that the local law amending Chapter
301, entitled "Zoning and Land Development, Article LVIII. Condominium Maps" 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 Kenneth Rothwell, Councilman
SECONDER: Robert Kern, Councilman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 195
9.37.a
TOWN OF RIVERHEAD
NOTICE OF ADOPTION CU
E
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law amending Chapter 301, entitled "ZONING AND LAND DEVELOPMENT, 0
ARTICLE LVIII. CONDOMINIUM MAPS"of the Riverhead Town Code, at its regular meeting o
held on January 17, 2024. The intent of the proposed legislation is to increase Park and U
Recreation fees. M
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A copy of the entire text of the adopted local law may be reviewed at the Office of C
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.aov under the Agenda and Minutes for the -'
January 17, 2024 Town Board Meeting. o
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Dated: Riverhead, New York M
February 6, 2024 0
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
N
JAMES M. WOOTEN, TOWN CLERK N
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Chapter 301. Zoning and Land Development
Article LVIII. Condominium Maps
§ 301-315. Condominium map approval.
A.
The Planning Board is hereby empowered to approve condominium maps for filing with
the Clerk of the County of Suffolk, subject to all applicable rules and regulations and the CL
payment of a recreation fee of an amount equal to $3,009 $5,000 per dwelling unit to the
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Town of Riverhead. In lieu of a cash payment, the developer may post a bond or letter of
credit equal to the total fee, as required herein. The term of such bond or letter of credit
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shall extend for a period of two years and six months. The Town shall deposit the fee in 0
a trust and agency account and withdraw the applicable fee upon issuance of each
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building permit. Notwithstanding the above, Aafter two years and six months from the
date of the issuance of the bond or letter of credit, the balance of the fee covering all the
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lots and/or units shall be due. Thp T-A-An Beard may eXteRd the due date 61PGR PPGGf that
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thn. hAPd eF of r-rlmdlt rp CL
.. lette . 61--1, 1-MaIRs, 'A fi--11 fA-.rr-,e @Rd effeGt. The Clerk of the Planning Board
shall maintain a log of the expiration dates of all such bonds. Wh8Fe SUGh r--A-q-.h A-F 1p-tte-r
9f GFedit is depesited, the fee E)f $3,000 shall be paid te the T-GWR c)f Riverhead pFier te
the iSS61aRGe ef eaGh GGFtifiGate 9f GGGHpaRGy by the BUildiRg
Note, an�al�icant
may make application for a refund of fees within 120 days from the date of payment of U
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fee or issuance of building permit, whichever is sooner, provided that no construction has -J
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commenced related to any lot or unit approved pursuant to the condominium map and (n
affidavit of withdrawal and forfeiture of all approvals, waiver of return of or reimbursement 00
of all costs and fees related to said condominium application and processes.
B.
An applicant seeking to file a condominium map with the Clerk of Suffolk County shall first
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submit such condominium map to the Riverhead Planning Board with a preliminary LL
engineering review fee of $100 for each condominium unit shown on said map. Upon U)
receipt of the condominium map, the Clerk of the Planning Board shall transmit said map
to the Suffolk County Planning Commission for its review and recommendation. Upon E
receipt of the recommendations of the Suffolk County Planning Commission, the Planning 2
Board shall determine to approve said map, approve said map with modifications or E
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disapprove said map with reasons.
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" �a,�te niaere'deye aieri� f
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Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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 February 6, 2024
#6- Resolution # 150 —Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE LVI. SITE PLAN REVIEW"
Sincerely,
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260
r •
Office of the Town Cleric
Janes M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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, James Wooten at townclerk(a7townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting February 6, 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 February 6, 2024
#6- Resolution # 150—Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE LVI. SITE PLAN REVIEW"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street w Riverhead, New York 11901—(631)727-3200 Ext. 260
9.38
02.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-150
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE LVI. SITE PLAN REVIEW"
Councilman Kern offered the following resolution,
which was seconded by Councilwoman Merrifield
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, Part 4. Subdivision and Land Development, Article LVI.
Site Plan Review", of the Code of the Town of Riverhead ("Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 17th day of January, 2024 at 6:30
p.m. at the Riverhead 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, pursuant 6NYCRR Part 617.5 (SEQRA) the proposed amendment is
considered a Type II Action, therefore no further environmental review is required.
NOW, THEREFORE BE IT RESOLVED, that the local law amending Chapter
301, entitled "Zoning and Land Development, Part 4. Subdivision and Land
Development, Article LVI. Site Plan Review" 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: Robert Kern, Councilman
SECONDER: Denise Merrifield, Councilwoman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 199
9.38.a
ai
TOWN OF RIVERHEAD C
NOTICE OF ADOPTION
c
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law amending Chapter 301, entitled "ZONING AND LAND DEVELOPMENT, PART
4. SUBDIVISION AND LAND DEVELOPMENT, ARTICLE LVI. SITE PLAN REVIEW' of
the Riverhead Town Code, at its regular meeting held on January 17, 2024. The intent of the
proposed legislation is to increase Park and Recreation fees. o
J
A copy of the entire text of the adopted local law may be reviewed at the Office of N
the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours o
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 o
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January 17, 2024 Town Board Meeting.
4
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Dated: Riverhead, New York ESL
February 6, 2024 V)
BY ORDER OF THE TOWN BOARD 0
OF THE TOWN OF RIVERHEAD
6
JAMES M. WOOTEN, TOWN CLERK r-
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Chapter 301. Zoning and Land Development
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Part 4. Subdivision and Land Development
Article LVI. Site Plan Review z
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§301-304 Review and approval required.
(D) Park and playground sites.
Legislative Findings. o
The Town Board finds that the construction of dwelling units and/or conversion of M
nonresidential building space to dwelling units places a burden upon the Town's park and
recreation facilities. New York State Town Law § 274-a(6) and 277(4) authorize a local
requirement that developers of dwelling units set aside parkland or pay a fee in lieu
thereof to provide funds for the acquisition and improvement of park and recreational
facilities within a reasonable distance and within or proximate to the neighborhood to the
proposed construction of residential dwelling units. Notwithstanding the above, the Town
Board finds and determines that the following park and recreational facilities, be it due to J
its size unique location or wide range of or offer of different improvements attracting and
utilized by the entire community also described as Flagship Parks, are in all respects
J
neighborhood facilities available to all residents of the Town: Veterans Memorial Park,
Stotzky Park Police Officers Memorial Park, Wading River Beach, Iron Pier Beach, and $
South Jamesport Beach. In order to manage residential development consistent with
Town's Comprehensive Plan and its recreational component, Recreation Department's LO
Master Plan and recommendations and reports of the Recreation Advisory Committee,
0
the Town Board finds it necessary to empower the Planning Board, or the Town Board `=
as the case may be to review residential land use for the adequacy of future park and
recreational uses. °
The Planning Board may require that land be reserved for park, playground or other
recreational purposes. The Planning Board may require that a cash payment be L
deposited with the Planning Board in a special fund as required by § 274-a, Subdivision
6, of the Town Law where the Planning Board deems that the reservation of land would
be inadequate and unsuitable for use as a park, playground or other recreational
purposes.
4YL
Land reserved for recreational purposes shall have an area of five acres for each 100
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units 5% shown on the plan, or proportional thereto. Any parcel of land reserved for y
recreational purposes shall have an area of at least one acre. In meeting these
requirements, the Planning Board may require or the developer may reserve more than
one acre within the site plan for park, playground or recreational purposes, but in no case
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shall any reserved area be of less than one acre. E
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The Planning Board may require the developer to grade such park site in a manner
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appropriate for its projected use and compatible with its surroundings. Where such park
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site incorporates a unique natural feature or a landmark, the developer shall be
responsible for the protection of such feature or landmark from any destructive action
during the course of the plat development.
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In cases where the Planning Board makes a finding as set forth herein that the proposed 2
site plan presents a proper case for requiring a park, but the Planning Board determines
that a suitable park site of adequate size cannot be properly located within the site plan,
in whole or in part, the developer shall be required to pay a park fee in the sum of $3,000
$5,000 per residential unit to the Town. E
[Amended 12-20-2011 by L.L. No. 26-2011]
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The applicant may post a certificate of deposit or passbook in the name of the Town of 0
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Riverhead equal to the total fee as required herein. The fee of$5,000 per residential unit M
shall be due pFier to the OSSLI@RGe Gf G2Gh GertifiGate ef GGGUpaRGY fGF F&CSigip-Ati-P.1 -646JGtures
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the site plan by the BuildiRg 'RspeGt at the time of approval of final residential
site plan and prior to signature of site plan plat, effective immediately. The Town shall 0
deposit the fee in a trust and agency account and withdraw the applicable fee upon 7
issuance of each building permit. Notwithstanding the above, the balance shall be
payable in full upon the second anniversary date OR WhiGh from date of payment or date
`mon P- -SUGh G2Sh, certificate of deposit or passbook was deposited and shall be
withdrawn from such account.is depesited, the fee of$3,999 shall be paid to the TeWR 9T
Riverhead PF4GF to the mss,-,aRr--.e A-f eadh A-f A-GG61P@RGY 1961ildiRg peFrnit f9F the
GGRStrUGt;GR ef aRy ;,Hr--h fA-.r resideRtial StFUGtHres withiR the site PlaR by the E361ildiRg
IRSPeGtGF. The balanGe shall be payable an full on the seP..A-.PP-1 A—Api,.4ersary date 9-A. yihir--h
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this GeFt*f*G@tG Of GIGPOSit OF P@66199E)k Was depesited 2PP-1 shall be �.A.44thPdr-AlAgP fFE)Rq SUGh CL
aGGG61nt by GrdeF tO the T-E)wR Beard. Such interest as may accrue on the certificate of
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deposit or passbook shall be returned and taxable to the depositor. The amended fee of
$3,000 $5,000 shall apply to all subdivisions which receive final plat approval after the
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effective date of this Subsection D-5 (6). Note, a developer maV make application for a
refund of fees within 180 days from the date of payment of fee or issuance of building
permit, whichever is sooner, provided that no construction has commenced related to any
such building permit(s) and affidavit of withdrawal and forfeiture of all approvals, waiver
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of return of or reimbursement of all costs and fees related to said site plan application and
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processes.
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'R%✓IT P4Mbl�l'I'{6 KF'M�494AIM
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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 February 6, 2024
#7- Resolution # 151—Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 273 OF THE RIVERHEAD TOWN
CODE ENTITLED "SOLID WASTE"
Sincerely,
�12",
�'j„ ,
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11901—(631)727-3200 Ext. 260
T Mtlb+iiria ii "�'°4nrM
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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, James Wooten at town clerk(57townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting February 6, 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 February 6, 2024
#7- Resolution # 151 —Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 273 OF THE RIVERHEAD TOWN
CODE ENTITLED "SOLID WASTE"
Sincerely,
dlq�- A.zIV
James M. Wooten
Town Clerk
JW:cd
4 west Second Street— Riverhead, New York 11901(631)727.3200 Ext. 260
9.39
02.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-151
ADOPTS A LOCAL LAW TO AMEND CHAPTER 273 OF THE RIVERHEAD TOWN
CODE ENTITLED "SOLID WASTE"
Councilwoman Merrifield offered the following resolution,
which was seconded by Councilwoman Waski
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 273 of the
Riverhead Town Code entitled "Solid Waste"; and
WHEREAS, a public hearing was held on the 17th day of January, 2024 at or
about 6:10 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 11 action pursuant to SEQRA.
NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 273
of the Riverhead Town Code entitled "Solid Waste", 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: Denise Merrifield, Councilwoman
SECONDER: Joann Waski, Councilwoman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 204
9,39.a
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TOWN OF RIVERHEAD o
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law to amend Chapter 273, of the Riverhead Town Code entitled, "Solid Waste".
The intent of the proposed amendment is to clarify and expand upon certain definitions and
penalties related to the dumping of solid waste located throughout the Chapter.
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A copy of the entire text of the adopted local law may be reviewed at the Office of N
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.townofriverheadny.gov under the Agenda and Minutes for
the February 6, 2024 Town Board Meeting.
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Dated: Riverhead, New York
February 6, 2024
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BY ORDER OF THE TOWN BOARD M
OF THE TOWN OF RIVERHEAD tn
JAMES M. WOOTEN, Town Clerk o
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9.39.b
Chapter 273 Solid Waste
§ 273-3 Definitions.
HAZARDOUS WASTE
Solid waste that is especially harmful or potentially harmful to the public health. This shall include but not N
limited to explosives,toxic or infectious materials and medical waste, flammable liquids, flammable solids,
corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic o
materials and poisonous gases, as defined in § 231-7 of the Town Code. In addition, this article shall include
all materials listed in both Parts 112 and 261 of Title 40 of the Code of Federal Regulations. For purposes of o
this chapter, hazardous waste does not include small quantities of such waste as generated by a resident or
homeowner(e.g., aerosol cans, pesticides, fertilizers, etc.).
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§ 273-7 Collection of seasonal or special items.
A. All bulk items, white goods (refrigerators, washers, stoves, etc.) and other large items not capable of beinl
enclosed in containers may be placed at the curbline or pavement line for collection on the days specified by o
the refuse collector(s) servicing the district as per the contract specification and/or direction of the Cl)
Superintendent of the Sanitation Department. It shall be the sole responsibility of the owner to dismantle or a
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secure the appliance or item of furniture so it is no greater than six feet in length and deposited in a manner
that it will not be a hazard to the public. Carpet must be rolled, bundled and tied and each roll is one bulk
item. Mattresses, including sleeper sofa mattresses, must be disposed of in an appropriately sized plastic a
mattress disposal bag. Doors or broken glass shall be properly secured or removed from the appliance or iten <
of furniture before placing it at the curbline or pavement line for collection. The refuse collector may accept
or decline collection of any such material in accordance with his considered judgment of the ability of the
refuse collector to handle and dispose of such items. Collection and disposal by the refuse collector of such
appliances or items of furniture shall extend only to those appliances or items of furniture actually used in a
residence in the Town of Riverhead. The refuse collector will also have the right to refuse the collection of
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any refuse which, in his opinion, is composed of in part or in violation of any of the previously defined 0
unacceptable wastes.
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§ 273-12 Enforcement; penalties for offenses.
F. Penalties.
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(1) Penalties for waste collectors. During any 12 consecutive months, the failure of any person engaged in the
business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services c
who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or �o
removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a Cl)
violation punishable by a fine of not less than$599 1,000 and not exceeding the sum of$1,9500 or by
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imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall g
constitute a separate offense.
(2) Penalties far-waste gener-atefs and/OF U
individuals, b and dumping of �
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individual,abandening solid waste on publie or-pr-ivate lands. Failure ef a o,,aste generator and/or h
and/eF entity to eemply with the pr-evisiens in this ehapter designated as vielatiens shall be punishable as
fellews: U-
(a) For-the first eenvietien within ene 5,ear-: by a fine of not less than$100 nor-meFe than C
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(b) For-the seeend eenvietion within one year-� by a fine of net less than $250 ner-RieFe than
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(e) For-a third and eaeh stibseqtient eenvietien within ene yeaf� by a fine ef not less than $500 nef
Packet Pg.207
9.39.b
than $i nnn
04 2)In addition, any such conviction imposing a fine shall also be punishable by a term of
imprisonment of not more than 15 days, or by both such fine and imprisonment.
(4)(3)Any penalties or damages recovered or imposed under this chapter are in addition to any
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other remedies available at law or equity.
§ 273-16 Dumping prohibited. �°
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No refuse shall be eafted to, dumped or-deposited in any mannef upen any pr-iva4e of publie pfepefty in
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Depaftment ef the Town of River-head. Nothing in this seefien shall be eenstfued to pfohibit the propef use e
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depositing �
Fefuse, provided that sueh publie feeeptaeles shall net be used fef the deposit of aeettmulated hEmseheld ry
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garbage
pr-aper-ty in eamtHer-eial use ef the deposit of litter-by members of the publie invited ente stieh pfepeAya—
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A. It shall be unlawful for anyperson, his or her agent, employee or any person under his or her control to Q
suffer or permit any garbage, hazardous waste, liquid waste, solid waste, construction or demolition debris, v
whether processed or not or debris of any sort or any other organic or inorganic material or other offensive
natter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of
in or upon any street, lot, park, public place or other area whether publicly or privately owned, except for the <
disposing of solid waste at a public disposal facility or a private disposal facility permitted and licensed by °
the Town of Riverhead and when in accordance with the rules and regulations governing the use of said
public or private disposal facility.
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B. It shall be unlawful for anyperson, his or her agent, employee or any person under his or her control to J
suffer or permit any garbage, hazardous waste, liquid waste, solid waste, construction or demolition debris,
whether processed or not or debris of any sort or any other organic or inorganic material or other offensive o
matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of <
in or upon any street, lot, park, public place or other area within the Pine Barrens Compatible Growth Area r
and/or Core Preservation Area whether publicly or privately owned, except for the disposing of solid waste a
a public disposal facility or a private disposal facility permitted and licensed by the Town of Riverhead and N
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when in accordance with the rules and regulations governing the use of said public or private disposal ='-
facility.
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C. It shall be unlawful for any person, his or her agent, employee or any person under his or her control to
suffer or permit anygarbage, hazardous waste, liquid waste, solid waste, construction or demolition debris, -6
whether processed or not or debris of any sort or any other organic or inorganic material or other offensive
matter beim transported ransported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of N
L
in or upon any street, lot, park, public place or other area within the Wetlands as defined in Chapter 295 of a
the Town Code whether publiclyprivately owned, except for the disposing of solid waste at a public
disposal facility or a private disposal facility permitted and licensed by the Town of Riverhead and when in
accordance with the rules and regulations governing the use of said public or private disposal facility_
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§ 273-17 Appheabilit Enforcement; penalties for offenses.
LLThis ai4iele shall apply enly te fesidents, ownefs of oeoupants of pFapefty laeated within the Town ec
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A. Any person who violates §§273-6, 7, 9, 13 and/or 15 of this Chapter shall be guilty of a violation,
punishable as follows:
Packet Pg.TO
9,39.b
(1) For the first conviction within oneey ar: by a fine of not less than $500 nor more than$1,000.
(2) For the second conviction within onee�y a fine of not less than $1,000 nor more than $1,500.
(3)For a third and each subsequent conviction within onee�y a fine of not less than$1,500 nor mor(
than $2,500.
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B. Any person who violates X273-16 (A) and/or(B) of this Chapter shall be guilty of a violation,
punishable as follows: o
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For the first conviction within onee�y a fine of not less than $1,500 nor more than$2,500.
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(2)For the second conviction within oneey ar: by a fine of not less than $2,500 nor more than $5,000. .>
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(3) For a third and each subsequent conviction within one year: y a fine of not less than$5,000 nor morf o
than $10,000. M
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C. Any person who violates §273-16 (C) of this Chapter shall be guilty of a violation, punishable as 2
follows: CU
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(1) For the first conviction within onee�y a fine of not less than $2,500 nor more than $5,000.
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(2)For the second conviction within oneear: by a fine of not less than $5,000 nor more than $10,000. o
(3)For a third and each subsequent conviction within oneey ar: by a fine of not less than $10,000 nor
more than $15,000. u
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D. Any person who violates this Chapter in such a manner that that Town of Riverhead must conduct Co
laboratory testing to determine if the waste is hazardous in nature or is otherwise an environmental
0
contaminant shall be responsible for any and all fees associated therewith together with any costs
associated with remediation, i.e. removal of contaminated soils and other organic matter and removal of
any waste products, in addition to the relative fines as stated in Section A above. LO
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E. In addition, any such conviction imposing a fine shall also be punishable by a term of imprisonment of
not more than 15 dater by both such fine and imprisonment. a�
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F. Any penalties or damages recovered or imposed under this chapter are in addition to any other
remedies available at law or equity. o
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Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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 February 6, 2024
#8- Resolution # 152 —Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT, PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE LIII. SUBDIVISION REGULATIONS"
Sincerely,
CC 173" A�40
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11901—(631)727-3200 Ext. 260
fi nwviiiM�vt:iW.,ssw;
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
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, James Wooten at town clerk(a townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting February 6, 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 February 6, 2024
#8- Resolution # 152 —Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT, PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE LIII. SUBDIVISION REGULATIONS"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260
9.40
02.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-152
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED, "ZONING AND LAND DEVELOPMENT, PART 4. SUBDIVISION
AND LAND DEVELOPMENT ARTICLE Lill. SUBDIVISION REGULATIONS"
Councilwoman Waski 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 amend Chapter 301, entitled "
"Zoning and Land Development, Part 4. Subdivision and Land Development, Article Lill.
Subdivision Regulations", of the Code of the Town of Riverhead ("Riverhead Town
Code"); and
WHEREAS, a public hearing was held on the 17th day of January, 2024 at 6:30
p.m. at the Riverhead 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, pursuant 6NYCRR Part 617.5 (SEQRA) the proposed amendment is
considered a Type II Action, therefore no further environmental review is required.
NOW, THEREFORE BE IT RESOLVED, that the local law amending Chapter
301, entitled "Zoning and Land Development, Part 4. Subdivision and Land
Development„ Article Lill. Subdivisions Regulations" 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: Joann Waski, Councilwoman
SECONDER: Kenneth Rothwell, Councilman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 210
9.40.a
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TOWN OF RIVERHEADID
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law amending Chapter 301, entitled "ZONING AND LAND DEVELOPMENT, PART
4. SUBDIVISION AND LAND DEVELOPMENT, ARTICLE LIII. SUBDIVISION
REGULATIONS" of the Riverhead Town Code, at its regular meeting held on January 17,
2024. The intent of the proposed legislation is to increase Park and Recreation fees.
A copy of the entire text of the adopted local law may be reviewed at the Office of J
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 Q
Riverhead website at: www.town ofriverheadny.gov under the Agenda and Minutes for the
January 17, 2024 Town Board Meeting.
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Dated: Riverhead, New York
February 6, 2024 0
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BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD U
ry
JAMES M. WOOTEN, TOWN CLERK
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Chapter 301. Zoning and Land Development
Part 4. Subdivision and Land Development
Article LIII. Subdivision Regulations
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§ 301-288. Minor subdivisions. ry
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D. Application and fee. -
(5) o
Consistent with the legislative findings in X301-289(B)(14) and $ 301-304(D)(1), Wwhere
the Planning Board deems it to be in the best interest of the residents of the Town of Q
Riverhead to require the developer to establish recreational facilities to serve the
residences created by the minor subdivision, and if the minor subdivision shall have
insufficient or unsuitable land available within which to create recreational facilities, it shall
require the developer to deposit a payment in the amount of$3,009 $5,000 per each lot v
in the subdivision upon approval of final residential subdivision, site plan, special permit, E
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conditional use or other plan effective immediately. In lieu of a cash payment, the
subdivider may post a certificate of deposit or passbook in the name of the Town of J
Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit
or passbook is deposited, the fee of$3,099 $5,000 shall be paid to the Town of Riverhead
pF er to Upon the issuance of approval of final site plan or final subdivision each Gertte N
9f 9GG61P@RGy building permit for the construction of any such #e-r residential structures o
within the subdivision by the Building Inspector. The balance shall be payable in full on
the second anniversary date on which this certificate of deposit or passbook was N
deposited and shall be withdrawn from such account by order to the Town Board. Such LO
interest as may accrue on the certificate of deposit or passbook shall be returned and
taxable to the depositor. The amended fee of$3,990 $5,000 shall apply to all subdivisionsCD
which receive final plat approval after the effective date of this Subsection D(5). Note, a N
developer may make application for a refund of fees within 120 days from the date of
Payment of fee or issuance of building permit, whichever is sooner, provided that no
construction has commenced related to any such building permit.
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§301-289. Major subdivisions.
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(B) General requirements. The subdivider shall observe the following general requirements and °
principles of land subdivision: >
(14) Park and playground sites. v,
(a) Legislative Findings. 0
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The Town Board finds that the construction of dwelling units and/or conversion of
nonresidential building space to dwelling units places a burden upon the Town's park and M
recreation facilities. New York State Town Law 274-a(6) and 277(4) authorize a local
requirement that developers of dwelling units set aside parkland or pay a fee in lieu
thereof_toprovide funds for the acquisition and improvement of park and recreational
facilities within a reasonable distance and within or proximate to the neighborhood to the
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9.40.b
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proposed construction of residential dwelling units. Notwithstanding the above, the Town °
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Board finds and determines that the following park and recreational facilities, be it due to CU
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its size, unique location or wide range of or offer of different improvements attracting and E
utilized by the entire community, also described as Flagship Parks, are in all respects
neighborhood facilities available to all residents of the Town: Veterans Memorial Park,
Stotzky Park, Police Officers Memorial Park, Wading River Beach, Iron Pier Beach, and a
South Jamesport Beach. In order to manage residential development consistent with M
Town's Comprehensive Plan and its recreational component, Recreation Department's
Master Plan, and recommendations and reports of the Recreation Advisory Committee,
the Town Board finds it necessary to empower the Planning Board, or the Town Board
as the case may be, to review residential land use for the adequacy of future park and
°
recreational uses. °
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L4Lb�The Planning Board may require that land be reserved for park, playground or other
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recreational purposes. The Planning Board may require that a cash payment be
deposited with the Town Board in a special fund as required by § 277 of the Town Law o
where the Planning Board deems that land would be inadequate and unsuitable for use CO
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as a park, playground or other recreational purposes. o
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Land reserved for recreational purposes shall have an area of five acres for each 100 lots
shown on the plan, or proportional thereto. Any parcel of land reserved for recreational
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purposes shall have an area of at least one acre. In meeting these requirements, the N
Planning Board may require or the developer may reserve more than one acre within the
subdivision for park, playground or recreational purposes, but in no case shall any
°
reserved area be of less than one acre. ry
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Where the Planning Board deems it to be in the best interest to require the developer to a
deposit a payment, the amount to be paid shall be at the rate of$3,000 $5,000 per each o
lot in the subdivision per each lot in the subdivision upon approval of final residential N
subdivision, site plan, special permit, conditional use or other plan, effective immediately.
In lieu of a cash payment, the subdivider may post a certificate of deposit or passbook in in
the name of the Town of Riverhead equal to the total fee as required herein. Where such
cash, certificate of deposit or passbook is deposited, the fee of $3000 $5,000 shall be
paid to the Town of Riverhead prior to the issuance of each
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building permit for the construction of any such fe-r residential structures within the
subdivision by the Building Inspector. The balance shall be payable in full on the second
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anniversary date on which this certificate of deposit or passbook was deposited and shall
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be withdrawn from such account by order to the Town Board. Such interest as may accrue
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9.40.b
on the certificate of deposit or passbook shall be returned and taxable to the depositor. ,°
The amended fee of$ 5 000 shall apply to all subdivisions which receive final plat "03,999
approval after the effective date of this Subsection D(5). Note, a developer may make
application for a refund of fees within 180 days from the date of payment of fee or ;
issuance of building permit, whichever is sooner, provided that no construction has
commenced related to any such building permit(s) and affidavit of withdrawal and o
forfeiture of all approvals, waiver of return of or reimbursement of all costs and fees M
related to said subdivision application and processes.
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Where land is to be reserved for park, playground or other recreational purposes, the
_
developer shall submit a proposed plan for the development of this area in line with the E
proposed recreational use, which plan shall be reviewed by the Planning Board. The <
Planning Board may approve the same or require amendments or changes thereto before
granting its approval. The developer shall also submit an estimate of cost to construct the U
improvements shown on the plan. The Planning Board will review the estimate and
approve or revise the amount of the estimate and, if the construction is not completed 4
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prior to the approval of the final subdivision plan, will require a performance bond to insure $
that the improvements will be completed.
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If the Planning Board shall require that certain land be reserved for park, playground or N
other recreational purposes and a cash deposit be made, the cash deposit shall be equal
to the amount hereinbefore set forth, e.g., $3099 $5,000 for each lot in the subdivision,
less the cost of land reserved at the rate of $5,000 per acre and less the cost of the r)
amount approved for the construction of the improvements in the recreational area. The 0
amended fee of $3,000 $5,000 shall apply to all subdivisions which receive final plat
approval after September 1 ` 000.the effective date of this code provision. a
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The developer shall present a proposal in the form of covenants and restrictions which
will be set forth in the deed of conveyance for lots within the subdivision to adequately
ensure a proper maintenance of the recreational area. The Planning Board shall approve
such covenants and restrictions or require amendments or changes thereto before
granting its approval. Upon approval of the covenants and restrictions, the developer
shall, prior to the approval of the final subdivision plat, file a declaration with the Town
Board of the Town of Riverhead that the covenants and restrictions will be a part of each Q
deed for the lots shown on the subdivision plat. Cu
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Pg.215
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Wital,Stafistics Records Management Officer Marriage Officer
February 9,.2024
Honorable Town Clerk:
Your resp ,se to is letter i acknowledge receipt of the attached resolution
Your
resp is e
adopted byth iverh d Town bard. Kindly please sign and email back to. the
letter
' 2
Town oard,
Riverhead T Cle me boten at town clerk(cDtownofriverhe dn'
Signature: Z7 Date:
cl a
Regular own Board Meeting February 6; 2:00 PM
ENCLOSED HEREWITH please find the.following resolution which was adopted .by the
Riverhead Town Board,ata Regular Town Board meeting on February 6, 2024
#5- Resolution #149—Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT ARTICLE LVIII.
CONDOMINIUM MAPS
Sincerely,
James M. Wooten
Town Clerk
J,W:cd
4 West Second Street—11171verhead, New York 11901—(631)7,27-3200 Ext.260
}} t
�tio++tiirn h�rwunur
office of the Town Clerk
James M. Wooten, Towns Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
Honorable Town Clerk:
Your respon to this letter ill acknowledge receipt of the attached resolution
adopted by the erh ad Tow' oard. Kindly please sign and email back to the
Riverhead To Ole s n at townclerk townofriverh adn ov.
Signature: Date:
Regular Town Board Meeting February. 6, 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 February 6, 2024
#6- Resolution # 150—Adopted 2/06/2024
ADOPTS.A,LOCAL LAW;AMEN:DING CHAPTER 301 OF THE RIV.ERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE LVI. SITE PLAN REVIEW"
Sincerely,.
James M. Wooten
Town Clerk
JW:cd
4 West Second Street- Riverhead, New York 11901—(631)727-3200 Ext. 260
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
Honorable Town Clerk:
Your resp se to his letter wj''acknowledge receipt of the attached resolution
adopted by th -, Weeh' ad Town . ?ard.. Kindly please sign and email back to the
Riverhead T wn Cl Ames oi. at townclerk(cDtownofriverheadnyA-'ov.
T
Signature: Date
t
Regular Town Board Meetung February 6. 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 February 6, 2024
#8- Resolution # 152—Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT, PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE 1-11,11. SUBDIVISION REGULATIONS
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead,-New York-119011—(631)727-3200 Ext.260
A
N Il reyriiu.ean°c°m"r�
L
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
Honorable Town Clerk-
Your resp se t this etter will,acknowledge receipt of the attached resolution
adopted by the iverh a- own Board. Kindly please sign and email back to the
Riverhead To Cie , am ooten at.townclerk townofriv rhead ov.
Signature: Date:
Regular Town,Board.Meeting February 6, 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 February 6, 2024
47- Resolution # 151—Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 2730F THE RIVERHEAD TOWN
CODE ENTITLED"'SOLIDWASTE"
Sincerely,
James M. Wooten
Town-Clerk
JW:cd
4 West Second Street—Riverhead, New York 11901—(634)727-3200 Ext 260
S
Office of the Town Clerk
.Tames M. Wooten, Town- Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 9, 2024
Honorable Town Clerk:
Your r6iverhe
to, is le will acknowledge receipt.of the attached resolution
adopted by thd To n Board. .Kindly please sign and email back to theRiverhead ToJ es W oten at townclerk townofriver addn ov.
Signature: Date: ,7, �
Regular ToBoard Meeting February 6, 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 February 6, 2024
#6- Resolution.# 150—Adopted 2/0.6/2.024
ADOPTS A LOCAL LAW AMENDING CHAPTER 301.OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT PART 4. SUBDIVISION
AND LAND DEVELOPMENT, ARTICLE LVI. SITE PLAN REVIEW"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, New York 11901(631)727-3200 Ext.260
0 0
Office of the Town Clerk
James M. Wooten,Town Clerk
Registrar of Vital Statistics Records Manigernent Officer Marriage Officer
February 0,202.4
Honorable Town Clerk:,
YQurrespon. to,t is le ter will acknowledge receipt of the attached resolution
res
adopted by the Ri erhe T n Board. Kindly please sign and email backAo the
Riverhead Tow Clerk i riooten.at townclerk(cDtownof flverheadriv.nov.
Signature: Date!
- Ll
Regular Town Board Meeting February 6, 2:00 PM
ENCLOSED HEREWITH please find the following iresolution which was adopted.by the
Riverhead:Town Board at a Regular Town Board -meeting on February.6, 2024
44- Resolution,#148—Adopted 2/06/2024
ADOPTS A LOCAL LAW AMENDING CHAPTER 801 OF THE, RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT, ARTICLEYVII.
BUSINESS F'(BUS F) ZONING USE DISTRICT(MANUFACTURERS OUTLET
CENTER,.CIVERLAY ZONE)"
Sincerely,
James M: Wooten
Town Clerk
JW.:cd
4West Second,Street— Riverhead, New York 11901(631)727-3200.Ext. 260
'' eatPrrigrq„rV hppmtuw�!' ...
Office- of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 26; 2024
Honorable,Town Clerk
Your resp nse o this I or will acknowledge receipt of the,attached resolution
adopted by the iv er e d T w Board. Kindly please sign and email back to the
Riverhead To n/C , Ja ooten,at townclerk townofriver ead ov.
Signature: . i Date:
Regular Town Board Meeting February 21, 6:00 PM
ENCLOSED HEREWITH please find the�following resolution which was adopted by the'
Riverhead Town Board at'a Reg ular'Town Board meeting on ebruary 21, 2024
49- Resolution # 187—Adopted 2/2l/2024
ADOPTS A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO
GENERAL MUNICIPAL LAW
Sincerely,
James M. Wooten
Town Clerk
JW0!od
4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260
J .4
3
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tXf fl lgyqryM�R�ttlSWi
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records,Management Officer Marriage Officer
February 26, 2024
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 February 21, 2024
#9- Resolution # 187—Adopted 2/21/2024
ADOPTS A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO
GENERAL MUNICIPAL LAW
Sincerely,
James M. Wooten
JMW:cd
4,West Second Street- Riverhead, New York 11901— (631)727-3200 Ext. 260
9.25
02.21.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-188
ADOPTS A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN
CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS"
Supervisor Hubbard offered the following resolution,
which was seconded.by Councilman Kern
WHEREAS, by Resolution 2024-107 adopted on January 1.7, 2024, 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 6th day of February, 2024 at or
about 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 action 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 sighboard at:Town Hall; and be it further,
RESOLVED, all Town Hall Departments may review and obtairi 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 [4JNANIMOUS] ;
MOVER: Tim''Hubbard', Supeivi"sor:
SEGQNDER, Robert'Kern, Councilman
AYE$: ,.., , Tim Hubbard; Robert Kean, Denise Merrif'ield,;,Joann.,Waski
;i4BSENT: Kennefh.Bothwell ,.
Packet Pg. 101
9.25.a
TOWN OF RIVERHEAD o
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead 76
adopted a local law to amend Chapter 289, of the Riverhead Town Code entitled,
"Vehicles•, Traffic and Parking Regulations". The intent of the proposed amendment is to N
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create "Part 5" entitled "Seizure/Towing of Vehicles from Private Property Owners with a o
Publicly Accessed Parking Lot." Q
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A copy of the entire text of the adopted local law may be reviewed at the Office of N
the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours CD
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.townofriverheadh.V.gov under the Agenda and Minutes for S
the February 21, 2024 Town Board Meeting. F0
0
Dated: Riverhead, New York M
February 21, 2024
BY ORDER OF THE TOWN BOARD Y
OF THE,TOWN OF RIVERHEAD a
JAMES M.WOOTEN, Town Clerk
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Chapter 289 Vehicles, Traffic and Parking Regulations
Part 5 Seizure/Towing of Vehicles from Private Property Owners with a Publicly
Accessed Parking Lot
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Article XIII
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289-67 Purpose.
A. The Town of Riverhead hereby finds that § 1210, Subdivision (c), of the New York Vehicle and Traffic E
Law provides that towing agencies which remove vehicles unlawfully narked on private property at the o
request of the owner of the premises and without.the written consent of the owner of the vehicle shall
immediately notify the local police station house having jurisdiction over the area.where such vehicle
was unlawfully_parked.of the description of the car which was removed.and the time of removal, so as
to inform owners of towed vehicles that their cars have not been stolen. -1
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B. The Town of Riverhead fiirther finds and determines that consumers are currently at risk of having their o
vehicles seized without substantive due process; notice-or opportunity to retrieve their vehicles without
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the fear and panic of believing that their towed cars Have been stolen, as evidenced by the growing
number of incidents involving senior citizens and other innocent consuiers who return to the upsetting CO
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scene of an apparent theft oftheir vehicles in a shoppin center parking lot. Moreover; consumers are at N
risk of being over-charged b tag companies in these situations: N
C. Therefore,the purpose of this article is to regulate the towing, seizure and associated fees in noncrimina
law enforcement situations by private towing companies hired by private property owners with publicly N
accessed parking lot in order to protect consumers while respeetina the rights of property owners.
289-68 Notification requirements.
A private property owner with a.publicly accessed parking lot,who wishes to have a:vehicle towed without o
the written consent of the owner of the vehicle, shall comply with the following requirements:
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A. The parking lot shall have conspicuously posted, at each entrance,signs(at least four feet.high tivith at !
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least two-inch-high lettering),which shall contain the following information: a
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(1) A statement warning that illegally parked vehicles will be towed,together with-any other lawful
conditions imposed on use of the parking lot which could result in towing if violated.
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(2) The hours during which this prohibition is applicable. >
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(3) The name and phone number of the towing company contracted by the owner of the parking lot.
(4) The property owner's.name. t-0
B. Upon entering into an agreement with a towing company,the property owner shall supply,the towing
company with a signed letter, a copy of which shall be fled with the Riverhead Town Clerk and the a)
Riverhead Town Police Department,and shall contain the following:
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(1) The name, address, and phone number of the owner.
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(2) The address and description of the property,
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(3) The name of the authorized tow company. E
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(4) The cost of the tow to be paid by the vehicle owner. a
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(5) The specific violations for which the tows/seizures are authorized. 9.25.ti
(6) The specific days and hours during which towing is authorized. m
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(7) The location where the vehicles will be stored, w
289-69 Tow company requirements.
A tow company or tow truck operator shall comply with the following regulations when seizing or towing
vehicles for privately owned publicly accessed parkins lots,without the written consent of the owner of the '
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vehicle: ¢
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A. Tow companies shall enter into an agreement with the property owner prior to any towing of vehicles.
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B: The seizure or tow of a vehicle is only authorized when the owner.of the property or his or het- o
representative is actually present and reguests that a particular vehicle be.seized`or towed.Theproperty
owner's representative cannot be the tow company or tow truck operator unless the tow company or
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operator is the actual property owner. 0
C. The tow truck operator shall have a copy of the signed letter stated above.in Section § 289-68(B) from
the property owner in his or her possession. co
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D. The tow truck operator shall have a written "seizure/tow authorization" in his or her.possession,to tow z
specific vehicle,which shall be signed by the property owner or his representative prior to the
seizure/tow.This authorization.shal I contain the following information: o
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(1.) Date and time of the seizure/tow.
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.(2) Location of the seizure/tow.
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(3) Reason for the seizure/tow. a`
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(4) Cost of the seizure/tow to be paid by the vehicle owner.
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(5) Location to which the vehicle is towed. 2
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(6) Description of the vehicle(plate number.vehicle identification number, year, make,model, color and. (CO)
notation of any damage to the vehicle). .2
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(7) Name and address of the tow thick operator. o
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(8) Tow company naive, address and phone number. o
E. Immediately after the tow truck operator seizes or tows a vehicle, he or she shall provide a copy of the
seizure/tow authorization to the Riverhead Town Police Department:
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$ 289-70 Fees and charges.
A. Fees charged for the seizure/tow of a vehicle from privately owned,publicly accessed Parking lots m
within the Town of Riverhead shall not exceed the.fees established for municipal towing purposes, ~
which is$375. -5
B. The only additional fee that may be assessed is for storage of the vehicle,which fee shall not exceed$2C E
per day. Storage fees shall not be charged for days on which the vehicle is not available for pickup from
the pertinent tow operator or for days on which the pertinent tow operator is closed; and
C. Upon payment of all required charges for the release of a towed vehicle, the towing company shall
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Packet Pg. l05
9.25.b
provide the owner or authorized user of the vehicle with a receipt that reflects all payments made o ie
towing company.
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D. No private property owner with publicly accessed parking lots shall receive or enter into any contract or N
other agreement io receive from a tow company,nor-shall any tow company pay or enter into any
contract or other agreement to pay to the private property owner, any share of the payments received for 22
the towing or storage of a towed motor vehicle or any fee or amount dependent upon the number of �
towed motor-vehicles removed from said private property owner's parking lot., c
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§289-71 Penalties for offenses. `t
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Any person who violates any provision of this Chapter, shall be guilty of a violation and be subject to a 3
fine of not less than$500 nor more than$1,500 and/or a period of incarceration not to.exceed 15 dam 'i
4 289-72 Exemptions. o
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A. This article shall not apply to the removal of abandoned motor vehicles that are deemed abandoned W
pursuant to 4 1224 of the New York Vehicle and Traffic Law -or covered by Part of this Chapter of the o
Riverhead Town Code. �.
B. This article shall not apply to motor vehicles towed and/or seized by, or on behalf of, any state,local or o
federal law,enforcement authorities.
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4 289-73 Applicability.
This article shall be deemed effective and apply to any actions occurring on or after.March 1, 2024.
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Ppcket,Pg.1061.:
Office of the Town clerk.
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 26, 2024
Honorable Town Clerk::
Your respon t� o t is lett;oa
will nowledge receipt of the attached resolution
adopted by the
Ri ea To" Kindly please sign and email back to the
Riverhead Tow Cler !Ja s Wo en at nclerk townofriver eadn ov.
Signature: Date: 3
Regular Towi oard Meeting February 21, 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 February 21,'2024
#10- Resolution # 188 Adopted 2/221/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 289.OF THE RIVERHEAD TOWN
CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS"
Sincerely,
No
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
February 26, 2024
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,February 21, 2024
#10- Resolution # 188—Adopted 2/21/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN
CODE ENTITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS
Sincerely,
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11901— (631)727-3200 Ext. 260
02.21.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-187
ADOPTS A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO
GENERAL MUNICIPAL LAW
Councilwoman Waski offered the following resolution,
which was seconded by Supervisor 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 the Town's adopted
Procurement Policy pursuant to General Municipal. Law as set forth at Chapter 115 of
the Riverhead Town Code; and
WHEREAS, a public hearing Was held on the 6th day of February, 2024 at or
about 2:15 o'clock p.m. at the Riverhead 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.
NOW, THEREFORE, BE IT RESOLVED that the Town Board adopts by Local
Law only those amendments to the Town of Riverhead's Procurement Policy Guideline
2, to exempt public works"contracts for a specific trade which is not included among the
list maintained by the New York State Commissioner of Labor or such trade is classified
as "miscellaneous" or "general" for such apprenticeship agreement at the time of
opening of the .bid; any construction contract utilizing federal, state, county or other
funding assistance, including donation(s) to the extent the funding assistance precludes
application of this section from apprenticeship required as fully set forth in the attached
public notice; 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"[UNANIMO:US]
MOVER; ' Joann"Waski;"'C"gUhbilwoman
SEC.OBVDER:,,.,'Tim"Hubbard, Supervisor
AYES:', . " :"Tim,Hubbard-.,Roberty Kern,""Denise Merrifield;:J'o'ann'Waski
ABSENT::. Kenneth.Roth well
Pad ert, 9S`;
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE,,that the Town Board of,fhe Town of Riverhead adopted
a. local law amending the Procurement Policy pursuant to General Municipal Law at its
regular meeting hold�on,February 21,, 2024 as follows:
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TOWN OF RIVERHEAD C
Procurement Policy
a.
PURPOSE: The purpose of
f this Procurement Policy is to ensure that sound
business judgment is utilized in all procurement transactions and that supplies,
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equipment, contracts, and services are obtained, efficiently and in compliance with a.
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applicable laws and to ensure that all procurement transactions will be conducted.in a 0
manner that provides full:and:open competition and prudent and economical use of public E
money. In addition, this Procurement Policy seeks to ensure that the same sound
business judgment used for the purchase of personal property (i.e. supplies and 2
equipment) is used for the evaluation of personal property and/or assets with respect to
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its usefulness to the,Town now or in the foreseeable future and cost effective and efficient Ea)
procedures for disposition of the personal property and/or assets deemed no longer of <
public use to the Town. 0
Guideline 1: Every prospective purchase of goods or services shall be evaluated to -J
determine the applicability of'General Municipal Law §103 inclusive of all future statutory
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amendments, deemed to be incorporated by reference,.as if recited in its entirety herein. -J
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Every town officer, board, department head or other personnel with the requisite,
purchasing authority, (hereinafter."purchaser") shall estimate the cumulative amount of 0,
the items,of supply or equipment needed in a given fiscal,year, The information gathered
and conclusions reached shall be documented and kept with. the file or other
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documentation supporting the purchase activity.
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Guideline.2: All purchases of supplies or equipment Which will,exceed $20,000 in the
fiscal year or public works contracts over .$35,000 shall be formally bid pursuant to
General Municipal Law §103,inclusive dU811 future statutory amendments, deemed to be 0
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incorporated by reference, as if recited in its entirety herein. In addition, New York State
Finance l-aw 139-L, effective,January 1, 2019, requireathat all competitive bid8.for goods
sold or services to be performed contain a statement subscribed by the bidder and 0-
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affirmed by ;such bidder that the "bidder has and has implemented a written policy U
addressing sexual harassment prevention in the Workplace and provides annual sexual a.
harassment prevention training to all of its employees"... and "[s]uch policy shall, at-a 0
minimum, meet the requirements of section two hundred one-g of the labor law" (New 2r-
.
York State Finance Law 139-L(8)). In addition to compliance with General Municipal Law
and Finance Law recited above, pu.blic works,contracts involving construction contracts 0
as defined in Labor Law section 816-b, in excess of$250,000.00 and/or 100,,000 square
feet, whichever is les8,, shall require. the bidder/cohtractor and subcontractors on such
construction contracts to meet requirements set forth in Guideline & except for the .2
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following purchase,of goods or public works contracts: purchase of goods or public works Z
contracts identified in. Guldeline ,6 (1), (2) (a) and (b), (3), (4), and: -(6)", public works
contracts fora specific trade which is not included among the list maintained by the New
York.State Commissioner of Labor or such trade is classified as miscellaneous" or U
"`qeneral" for such apprenticeship agreement at the time of opening of the bid: an
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construction contract utilizing federal, state, county or other funding assistance,'including
donation(s)to the extent the funding assistance precludes application of this section.
Guideline 3: (1)All estimated.purchases of less than $20,000 but greater than $3,000
shall require a written request for a proposal ("RFP") and written/fax quotes from at least
three comparative vendors; less than $3,000 but greater than $1,000 require an oral
request for proposal for the goods,. equipment or supplies and oral/fax quotes from at
least two vendors and purchaser shall maintain a record of responses whether they are
received by phone or in writing detailing date/time, name of individual offering quote, and N
remarks detailing quote; less than $1,,0.00 are left to .the discretion of the purchaser.. (2) a
All estimated public works contracts of less than.$35,000 but greater than$10,000 require
a written. request for proposal and fax/proposals from at :least three comparable c
contractors; less than $10',000 but greater than $1,000 require a written request for �-
proposal,-and fax/proposals from at.least.two contractors and purchaser shall maintain a
record of responses whether they are received by-phone or in writing detailing date/time, E
name of individual offering quote, and remarks.detailing quote; less than $1,000 are left
to the discretion of the purchaser. '(3) All written RFP shall describe the desired goods, a
.quantity and details,regarding delivery, including mode of delivery and time parameters
for delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral CD
quotes have been. requested and the written/fax/oral quotes offered. (4) All information Q
gathered in complying with the procedures of this guideline shall be preserved and filed
with the documentation,supporting the subsequent purchase or public works contract. All
responses to the RFP shall be kept confidential until such time as the contract for work. -'
or goods is awarded and thereafter all documents responsive to the RFP shall be subject c
to disclosure pursuant to the applicable provisions of the Public Officers Law. In addition,
while the recent amendments to New York State Finance Law 139-L(b), effective January Y
1, 2019, do not require the certification set forth above for bids that do not require o
competitive bid (See Guideline 3 subsections (1), (2) and (3) and Guidelines 5 and 6 set a
forth herein) and instead`recite that the department, agency, or official has discretion to
require the certification, all department heads shall consider and as appropriate require °-°
the Finance Law 139(a)certification. o
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Guideline 4: All purchasers shall make a good-faith effort, to obtain the required
number of proposals or quotations.. If' the purchaser is unable to obtain the required 0
number of'proposals or quotations, the purchaser shall document the attempt made at _
obtaining,the proposals.. In no event shall the inability to obtain the proposals or quotes
be a bar to,the procurement.
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Guideline 5: The lowest responsible proposal or quote shall be awarded the purchase Q
or public works contract unless the purchaser prepares written justification providing. o
reasons why it is in the best interest of the town and its taxpayers to make an award to c
other than the low bidder. If a bidder is not deemed responsible, facts supporting that ri
judgment shall also be documented and filed with the record supporting the.procurement. 0
Notwithstanding the above all public works projects involving construction contracts, as-
defined in Guideline:2, shall require a contractor and subcontractor(s) who is a party to,
or working under, a construction contract, to be a participant in good standing of a Class41
"A" qualified apprenticeship program that is registered with and approved by the New z
York State Department of Labor or U.S. Department of Labor,and to have apprenticeship
agreements, as evidenced by,valid Certificates of Completion which are specifically- E
identified as pertaining to the specific trades) and/or job titles,(s) called for within the
construction contract and appropriate for the type and scope of work to be performed, as
set forth and described in the bid specifications. In addition, all contractors and
;:Paekef`Pg:9:8, ,
subcontractors must submit to the Town, Certificates of Completion.showing that they, or 9.24a '
their sponsor participate in a Class "A" qualified apprenticeship. program; a Class "A"
qualified apprenticeship program shall mean an apprenticeship .program that has
graduated at,least one apprentice from a New York State Department.of Labor or U.S.
Department of Labor approved and registered apprenticeship program, in the trade and/or
job title .called for within the construction contract, within a 24 month. time period
immediately preceding the bid date of'such project. The contractor and/or subcontractor 0
must submit to the Town(i)a letter certifying that it currently operates a.Class"A"qualified
apprenticeship program as a sponsor, (ii) a letter from the Class "A" qualified y
apprenticeship program's sponsor certifying the contractor and/or subcontractor are
signatory to the sponsor -and that the program is a .Class "A' qualified apprenticeship ;,
program as defined herein, or (iii) if the .contractor or subcontractor participates in a o
recently formed apprenticeship program, it may satisfy the requirement of this certification a.
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by providing documentation,showing that the Class "A" qualified apprenticeship program
in which'it participates: (a) has been established within the past five years; (b) is currently E
.registered with and approved by the U.S. Department of Labor or a state apprenticeship
agency; and (6) provides bona fide apprenticeship training to participants and is in a
compliance with the standards and requirements applicable to registered apprenticeship V
programs under 29 C.F.R. 29, including the requirement under these rules to maintain as
at least one registered apprentice in accordance with the guidelines of 29 C.F.R.29.6(a). a
It shall be a contractor's and/or subcontractor's responsibility to submit the required
Certificates of Completion as part of any bid submitted in connection with a construction
contract. The failure 'of the contractor and/or subcontractor to 'provide the required -'
Certificates/Certifications shall disqualify the contractor being awarded, or performing the o
construction contract or from the subcontractor being approved as a subcontractor on the _J
construction .contract. Note, it shall be the responsibility of the department administering w
a construction contract to verify .that a contractor or subcontractor meets these
requirements and has included the required apprenticeship documentation'in his/her bid.
Guideline 6; A request for proposal and/or. quotation shall not�be required under the 4
following circumstances: o
(1) Contract-for professional services subject to resolution:of the Town Board.
(2)(a) Purchase of:goods, equipment or supplies or contract for services through
qualifying contracts,let by other New York State political subdivisions provided that(i)the a
contract must have been let by the United States.or any agency thereof, any state or any
other political subdivision or district therein; (ii) the contract must have been made policy
available for use, by other governmental entities, i.e. inclusion in the contract let by the d
other entity of a clause extending the terms and conditions of the contract to other o
governmental entities; and (iii)the contract must have been let to the lowest responsible a
bidder or on the basis of best value,in a manner consistent with General Municipal Law§ o
103 and related case: law. This provision is intended to include all future statutory o
amendments of General Municipal Law(16) and same are deemed to be incorporated:by Q
reference, as if recited in its entirety herein. (*Note, GML 103 (16) was is originally 0
scheduled to expire on August'l, 2017. and has been extended to July 31., 2019). a
(2)(b) Purchase of good's, equipment or supplies, or contract for services through
qualifying contracts let by the County of Suffolk or through any county within the State of
New York subject to County Law 408(a). z
(3) Public emergency.arising out of'an accident or unforeseen occurrence or condition
affecting public buildings, public property or life, health, safety .or property of the
inhabitants of the. Town. Unless exigent circumstances exist such that time is of the
essence, Purchaser shall'seek to obtain:approval of the Town Board prior to purchase or a
contract.
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(4):Sole-source situations (purchaser must obtain written verification from vendor)
(5) Surplus and second-hand supplies, material or equipment 'from federal
government, State of New York,_ or other political subdivisions, districts, or public benefit
corporation.
(6) Purchase of goods, equipment and supplies under State contracts through the
Office of General Services and subject to rules promulgated by the Office of General 0
Services. o
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Guideline 7: The purchase of goods or services must. be accompanied by a duly N
signed and completed purchase order or contract except a purchase order shall not be a
required prior to purchase/procurement.under those circumstances identified in Guideline ,
6 and purchases or public works project less than $1000.00. The above guideline"is not 2
intended to eliminate the requirement for a.purchase order. Note, all Department Heads a
shall be responsible to verify the existence of a bid 'or contract award for the same or
similar goods or services and shall be limited to purchase from such vendor/contractor. E
Guideline 8: The.Town Department "responsible for personal,property"and/or asset(s)
it wishes to have, declared surplus: shall complete a "Plant Asset/Office Equipment
Disposal Form" including a "description of the item, serial/tag #, location, condition,
estimated surplus value, and "reason for disposal. The Plant. Asset/Office Equipment E
Disposal Form must be signed by the supervisor/manager "of the department and filed
With the Office of the Financial Administrator, Town,Departments may"transfer, assets and
equipment provided that. a Plant Asset/Office Equipment Disposal Form records the -'
transfer and some is filed with the Financial Administrator. Finally, the Office of the o
Financial Administrator, with the assistance of Department Heads, shall evaluate _J
estimated surplus value of all assets and'equipment disposed on a bi-annual basis and
policy.make recommendation to the Town Board regarding disposal or sale, subject to all 0
applicable :laws and procedures. regarding "disposition of surplus asset/equipment, a
including but not limited to bid procedures set forth in General Municipal Law § 103, and
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receipt of an "As-Is" Statement and/or Liability Waiver. Note; all Town logos or other
markings identifying the property as Town property shall be removed prior to sale. This o
policy shall not in any way limit or prohibit the Town Board .from donating an item of
personal property and asset as permitted under the law. For Purposes of Guideline.8:
Surplus shall be defined :as any Town personal property and/or asset that is no longer 0
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needed now"or in the foreseeable.future or that is no longer of value or use to'the Town
and Estimated Surplus. Value shall be defined as the estimated amount of money an_ E
interested party will be willing to pay.the Town for the property. This can be determined L.
through an estimate, an appraisal, Kelly blue book value or other sources available to the. o
responsible Department or Office of the Financial-Administrator. a.
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Guideline 9: This policy shall be reviewed annually by the Town. o
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Dated: Riverhead, New York
February.21, 2024
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BY THE ORDER OF'THE TOWN BOARD41
OF THE TOWN OF RIVERHEAD z
JAMES M..WOOTEN, Town Clerk c
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j Underline represents addition(s)
a
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M
WArrvAWndn Nn4 .M16
Office of the Town Clerk
James M. Wooten,
Registrar of Vital Statistics ' r Marriage Officer
March 7, 2024
Honorable Town Clerk:
Your respoRge 0 this l er will acknowledge receipt of the attached resolution
adopted by the ever e T n Board. Kindly please sign and email back to the
Riverhead To n CI J ooten at townclerk townofriverhe;adn y ov.
Signature: Date;
Regular Town Board Meeting March 5, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on March 5, 2024
#11- Resolution #234—Adopted 3/05/2024
ADOPTS A LOCAL LAW TO AMENDING CHAPTER.301 OF THE RIVERHEAD
TOWN CODE ENTITLED, "CHAPTER 301, ZONING AND LAND DEVELOPMENT
PART 3. SUPPLEMENTARY REGULATIONS ARTICLE LIIC. CANNABIS
Sincerely,
cp`-Mlo A
James M. Wooten
Town Clerk
JW:cd
4 West Second Sheet— Riverhead, New York — 1
�tkgl`.,KtWG}IWY
• e
Office of the Town' Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
March 7, 2024
Honorable Town Clerk:
Your respo a this I er will acknowledge receipt of the attached resolution
adopted by the fiver e ToWnBoard., Kindly please sign and email back to the
Riverhead To n CI , J ooten at townclerk(cDtownofriverheadn .c ov.
Signature: Date: 3 '� 7
Regular Town Board Meeting March 5, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on March 5, 2024
#11- Resolution # 234—Adopted 3/05/2024
ADOPTS A LOCAL LAW TO AMENDING CHAPTER.301 OF THE RIVERHEAD
TOWN CODE ENTITLED, "CHAPTER 301, ZONING AND LAND DEVELOPMENT
PART.3. SUPPLEMENTARY REGULATIONS ARTICLE LIIC. CANNABIS
Sincerely,
r,91all"o
James M. Wooten
Town Clerk
JW:cd
4 West Second Street—Riverhead, New York 11901—(631)727-3200 Ext. 260, ,
1028`',
03.05.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-234
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED, "CHAPTER.301. ZONING AND LAND DEVELOPMENT PART`3.
SUPPLEMENTARY REGULATIONS;ARTICLE LIIC. CANNABIS
Councilwoman Waski 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 amend Chapter 301 of the
Riverhead Town Code.entitled, "Zoning and Land Development, Part 3. Supplementary
Regulations Article LIIC. Cannabis" to the Riverhead Town Code; and
WHEREAS, a public hearing was held on the 21st day of February, 2024 at 6:15
o'clock 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 Riverhead Town Board has considered the Local Law to Amend
Chapter 301 of the Riverhead Town Code Entitled "Zoning and Land Development, Part
3. Supplementary Regulations, Article: LIIC. Cannabis" the SEQRA record to date, the
requirements of the Town ,Code, as well as other relevant planning, zoning, and
environmental factors; and
WHEREAS, Planning Department Staff, on behalf of the Riverhead Town Board
has prepared part 1, part 2 and part 3 of the Short Environmental Assessment Form
(SEAF), dated February 27, 2024; and
WHEREAS, the Adoption of the subject Local law is an Unlisted Action pursuant
to SEQRA, with coordinated review being.optional and not recommended.
NOW, THEREFORE BE IT RESOLVED, that the Riverhead Town Board hereby
classifies the Local Law to Amend Chapter 301 of the Riverhead Town Code Entitled
"Zoning and Land Development, Part 3. Supplementary Regulations, Article LIIC.
Cannabis" as an Unlisted Action pursuant to SEQRA, and assumes Lead Agency,
without coordinated,review; and be it further;
RESOLVED, that the Riverhead Town Board hereby issues a Negative
Declaration pursuant to SEQRA, for the Local Law, to Amend Chapter 301 of the
Riverhead Town Code Entitled "Zoning and Land Development, Part 3. Supplementary
Regulations, Article LIIC. Cannabis"'as the proposed action is not likely to result in any
significant adverse environmental impacts; and be it further,
,ticket Pg::1461,:
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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
aES'ULT: ,ADOPTED' IJ,NANIMO;US
.[. .. ]-'
_MOVER? J,oanni;VUaski;;Cqunc'ilwoman ;.
SECONQER Kenneth Bothwell .:C:ouricilman ..
AYES:` Hubbartl :RottweR ,Ke'rn 'M.errifi.efd Waski t.
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`10:28a
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of.Riverhead adopted ~
a local law amending Chapter 301, entitled "ZONING AND LAND DEVELOPMENT PARTCU
3._SUPPLEMENTARY REGULATIONS, ARTICLE LIIC. CANNABIS" of the Riverhead
Town Code, at its regular meeting held on March 5, 2024.
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The intent of the proposed legislation is to reduce cannabis retail/lounge distance 4-
restriction s as they relate to residential uses in designated Commercial Corridors. °
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A copy of the entire text of the adopted local law may be reviewed at the Office of
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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.townofriverheadny.gov under the Agenda.and Minutes for the
March 5, 2024 Town Board Meeting.
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Dated: Riverhead_, New York Q
March,5, 2024
BY ORDER OF THE TOWN BOARD J
OF THE TOWN OF RIVERHEAD
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JAMES M. WOOTEN, TOWN CLERK
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Chapter 301. Zoning and Land Development o
Part 3. Supplementary Regulations
Article LIIC. Cannabis o
§ 301-283.19. Definitions.
As used in this article, the following terms shall have the meanings indicated:
Commercial Corridor One
A portion of Suffolk County Route 25A beginning at the boundary between Town of o
Brookhaven-and Town of Riverhead and runninq in an easterly direction and terminating M
at its intersection with Suffolk County Route 25 located in the hamlet of Calverton, Town
of Riverhead and shall include only those properties with frontage and vehicular access
along the commercial corridor andr meet the criteria set forth in & 301-283.20.
Commercial Corridor Two
A portion of Suffolk County Route 25 beginning at its intersection with Suffolk County Q
Route 25A and running in an easterly direction and terminating at its intersection with R
Manor Road located in the hamlet of Calverton. Town of Riverhead and shall include only -'
those properties with frontage and vehicular access along the commercial corridor and o
meet the criteria set forth in § 301-283.20.
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Commercial Corridor Three o
A portion of Suffolk County Route 58 (also known as Old Country Road) beginning at its
intersection with Kroemer Avenue and running in an easterly direction and terminating at N
its intersection with Main Street in Riverhead and shall include only those properties with. N
frontage and vehicular access along the commercial corridor and meet the criteria set N.
forth in §,301-283.20. o
Commercial Corridor Four o
A portion .of Suffolk County Route 25 (also known as Main Road) beginninq at its `o
intersection with Cross River Drive (County Route 105) and running in an easterly =
direction and terminating at its intersection with Tuthills� Lane located in the hamlet of C
Aqueboque, Town of Riverhead and shall include only those properties with frontage and a
vehicular access along the commercial corridor and meet the criteria set forth in § 301-
283.20. M
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.Commercial Corridor Five ,o
A portion of Suffolk County Route 25 (also known as Main Road) beginning at its o
intersection with Tuthills Lane and running in an easterly direction and terminating at the
boundary between the Town of Riverhead and Town of Southold located in hamlets of
Jamesport and Laurel, Town of Riverhead and shall include only those properties with
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frontage and vehicular access along the commercial corridor and meet the criteria set o
forth in.� 301-283.20.
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RETAILER -°
Any person who sells at retail any cannabis product. to cannabis consumers. A retail L
dispensary license authorizes the acquisition, possession, sale and delivery of cannabis
from the licensed premises of the retail dispensary by such licensee to cannabis
consumers..A retailer must comply with all applicable provisions of the MRTA regarding o
licensure. No peFsen -Fnay ewfl—mere—than—t�i�@Lei^°�:—disnensaFy liEen8es. aGta+l o
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§ 301=283.20. Location and number .of permitted retail and on-site consumption
establishments. V
The location and maximum number of each type of establishment permitted in the Town a
of Riverhead is governed.by the subsections below.
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Location requirements. Cannabis retail and on-site consumption establishments shall be o
permitted in only the Business Center; Shopping Center; Destination Retail Center; J
Downtown Center 1; Downtown Center 2; Downtown Center 3; Hamlet Center; Rural r
Corridor; Village Center; Peconic River Community; and Business F Zoning Districts 0
subject to the following requirements: a
(1)
No retail or on-site consumption establishment shall be established or located within N
1,000 feet, measured from the nearest property lines of'each of the affected parcels, of o
any school, library or day-care facility.
(2)
No retail or on-site consumption establishment shall be established or located within 500 a
feet, measured from the nearest property lines of each of the affected parcels, of any L
Town beach, playground or community center, and children's amusement. w
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(3)
No retail or on-site consumption establishment shall be established or located within 500
feet, measured using a straight line from the center of the,nearest entrance of the place
of worship to the center of the establishment, of-any place of worship. M
(4) L
No retail or on-site consumption establishment shall be established or located within °
2,500 feet; measured from the nearest property lines of'each of the affected parcels, of c
any other cannabis retail or on-site consumption establishment. Notwithstanding the
above, only.one cannabis retail or on-site consumption establishment shall be permitted LL
in Commercial Corridors One, Two, Four and Five.
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(5) o
No retail or on-site consumption establishment shall be established or located within
1,000'feet, measured from the nearest property lines of each of the affected parcels, of o
any existing residential use, except those properties 'with frontage along and located 0
within Commercial Corridors One, Two; Three. Four and Five.
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(6) >
No retail or on-site, consumption establishment shall be established or located within a
mixed-use development project containing a residential use component.
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• Underscore represents additions(s) o
• Overstrike represents deletions)
Dated: Riverhead, New York s
February 6, 2024
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BY ORDER OF THE TOWN BOARD Q
OF THE TOWN OF RIVERHEAD —'
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JAMES M. WOOTEN, Town Clerk
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Office of the Town Clerk
- -----,—James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Offider:
March 7, 2024
Suffolk County Planning Department
L:I. State Park Commission
Town of Southold
Town of Southarriptqn
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by th6
Riverhead Town Board at a Regular Town Board meeting on March 5, 2024
#11!.. Resolution # 234—Adopted 3/05/2024
ADOPTS A LOCAL LAW TO AMENDING CHAPTER 301.OF THE RIVERHEAD
TOWN CODE ENTITLED. -CHAPTER 301, ZONING AND LAND DEVELOPMENT
PART 3. SUPPLEMENTARY REGULATIONS ARTICLE LIIC. CANNABIS
.Sincerely,
James M. Wooten
JMW:'cd
4 West Second Street— 11117iverhead, New York 11901— (631)721-3200 Ext. 260
1p �
"`pkp tt PpOgYRIlAt45RPpU'RNAUAI". G
Office of the Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 8, 2024
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on July 2, 2024
#12- Resolution # 633 —Adopted 7/02/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 2 DISTRICTS, ARTICLE XLI PINE BARRENS OVERLAY
DISTRICT
Sincerely,
James M. Wooten
JMW:cd
t Second Street— Riverhead, New York 1 1— 31)727-3 E . 260
vaaas ra>ssrynrgiiaxsavcnssuu
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Wooten,Office of the Town Clerk
James M.
Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 8, 2024
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, James Wooten at town clerk cDtownofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting July 2, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on July 2, 2024
#12- Resolution # 633 —Adopted 7/02/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 2 DISTRICTS, ARTICLE XLI PINE BARRENS OVERLAY
DISTRICT
Sincerely,
James M. Wooten
Town Clerk
JW:cd
t Second Street— Riverhead, New 'o 11 1— 631 727-32 . 26
1 Q.33
07.02.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-633
ADOPTS LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 2 DISTRICTS, ARTICLE XLI PINE BARRENS OVERLAY
DISTRICT
Councilwoman Waski 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 amend Chapter 301 Zoning and
Land Development, Part 2 Districts, Article XLI Pine Barrens Overlay District, of the of
the Code of the Town of Riverhead ("Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 2nd day of April 2024 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; and
WHEREAS, the Suffolk County Planning Commission (SCPC) considered the
subject Local Law at their regularly scheduled meeting held on April 3, 2024 at which
time the SCPC voted to approve the subject local law by Resolution No. ZSR-24-23;
and
WHEREAS, the Adoption of the subject Local law is an Unlisted Action pursuant
to SEQRA, with coordinated review being optional and not recommended.
WHEREAS, Planning Department Staff, on behalf of the Riverhead Town Board
has prepared part 1 the Short Environmental Assessment Form (SEAF) dated March
18, 2024 and part 2 and part 3 of the SEAF dated July 2, 2024; and
NOW, THEREFORE BE IT RESOLVED, that the Riverhead Town Board hereby
classifies the Local Law amend to Chapter 301 Zoning and Land Development, Part 2
Districts, Article XLI Pine Barrens Overlay District as an Unlisted Action pursuant to
SEQRA, and assumes Lead Agency, without coordinated review; and be it further,
RESOLVED, that the Riverhead Town Board hereby issues a Negative
Declaration pursuant to SEQRA, for the Local Law to Amend Chapter 301 Zoning and
Land Development, Part 2 Districts, Article XLI Pine Barrens Overlay District as the
proposed action is not likely to result in any significant adverse environmental impacts;
and be it further,
RESOLVED, that the local law to amend Chapter 301 Zoning and Land
Development, Part 2 Districts, Article XLI Pine Barrens Overlay District is hereby
adopted as specified in the attached notice of adoption; and be it further
Packet Pg. 171
RESOLVED, that the Town Clerk be and is hereby directed to forward a copy of 1a.33
this resolution to the Planning Department, the Office of the Town Attorney, the Building
Department, Code Enforcement and the Fire Marshal's Office; 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: Joann Waski, Councilwoman
SECONDER: Robert Kern, Councilman
AYES: Tim Hubbard, Robert Kern, Denise Merrifield, Joann Waski
ABSENT: Kenneth Rothwell
Packet Pg. 172
10.33.a
§ 301-197 Development within Compatible Growth Area.
A. Development within the Compatible Growth Area (CGA) shall comply with the following standards:
(1) All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shal 0
meet the applicable requirements of the Suffolk County Department of Health Services. Z
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(2) As determined by the State of New York or the County of Suffolk, any new public or private sewage v
treatment plant discharge shall be outside and down gradient of the Central Pine Barrens, and shal 2�
be located north of the groundwater divide, as defined by the Suffolk County Department of Healtl N
Services, as site conditions permit. Treatment systems that are approved by the New York Stag a
Department of Environmental Conservation or the Suffolk County Department of Health Service
may be used in lieu of a sewage treatment plant.
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(3) All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code In
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(4) All development involving significant discharges to groundwater and located proximate to public m
water supply wells shall require measures to mitigate impacts upon water quality as required unde
Article 17 of the New York State Environmental Conservation Law.The Suffolk County Departmen o=
of Health Services' guidelines for private wells should be used for private wellhead protection.
a)
(5) Development proposals for sites containing or abutting freshwater wetlands shall be separated by L
nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Q
Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act (the Rivers Act v
and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive
Distances shall be measured horizontally from the wetland edge as mapped by the New York Statt 0
Department of Environmental Conservation,field delineation or local ordinance. Stricter buffer area;
may be established for wetlands as appropriate. Buffer areas shall be delineated on developmen
plans with conditions imposed to assure the preservation of the freshwater wetland resource. Saic
conditions shall be set forth in a declaration of covenants, conservation easement or simila E
instrument. 0.
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(6) Development proposals for sites within the regulated area of the New York Wild, Scenic an( 0
Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall mee 2
all requirements imposed by the State of New York in order to be deemed to have met th, �
requirements of this standard. Additional relief from the Town of Riverhead Zoning Board o 'C:
Appeals shall not be required. f6a,
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(7) All stormwater generated by development shall be recharged on site unless surplus capacity exists it �°
an off-site drainage system. In the review of development plans,the Town Board shall encourage th( o
use of natural recharge areas or drainage system design which result in minimal disturbance of nativ( L
vegetation with the use of natural swales and depressions as an alternative to excavated recharge a
basins where feasible. The use of natural recharge areas which cause minimal disturbance of nativ(
vegetation, preserve the native habitat in lieu of recharge basin or ponds that would require rermova o
of significant areas of vegetation shall not count towards the satisfaction of the open span
requirement. Development plans should include the use of ponds only if such ponds are designed tc
retain stormwater and are not merely constructed for aesthetic purposes. Additionally, creation o $
ponds shall require approval from the Commission and shall not count towards the satisfaction of the
open space requirement. Adequate measures should be employed to control soil erosion an( Q
stormwater runoff during construction, as per guidelines promulgated by the New York Stag c
Department of Environmental Conservation. E
(8) Clearing & Open Space Standards. a
(a) The proposed disturbance to natural vegetation and minimum open space requirements shall be
Packet Pg. 174
10.33.a
based zoning as of June 28, 1995 or current zoning, whichever is more protective ot the
environment,by minimizing clearance or maximizing open space,and shall exclude those land-
within EPCAL, and shall conform to the following standards: >_
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Maximum Clearing Minimum z
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Zoning Use District (percentage) Requirement v
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RB80 35% 65% )
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APZ 35% 65%
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BUS CR 60% 40%
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(b) The applicable clearing percentage shall be calculated over the area of the entire project site L
including but not limited to public highways,roadways, building sites,parking areas,drainag( N
structures and recharge areas. Development plans shall delineate the existing naturall, U
vegetated areas, shall calculate those portions of the site that are already cleared due tc
previous activities and shall contain calculations for the amount of disturbance of nativf
vegetation and indicate the clearing limits thereof.
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(c) To the extent that a portion of a site includes Core property, and for the purpose of calculating
the clearing limits, the site shall be construed to be the combined Core and CGA portions Q
However, the Core portion may not be cleared without a hardship exemption. Additionally 0
for a project site which is split between the Core and CGA and within which Pine Barren,
Credits have been issued for the Core Preservation Area portion, only the Compatible Growtl n
Area acreage shall be used to determine the amount of clearing allowed.
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(d) Development project sites which consist of non-contiguous parcels shall be treated as if thf 2
parcels were contiguous for the purpose of determining compliance with applicable clearing
standards.
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(e) Development project sites which consist of parcel(s) that are split among two or more zoning c
categories shall have a total clearing allowance for the entire site which is the sum of th( L
individual clearances for each separately zoned portion of the site Q
(f) Development project site which are also Residential Overlay Districts and which included th, a
redemption of Pine Barrens Credits shall apply clearing standards based upon the actua 1
resulting average lot size after the redemption of Credits, rather than the base zoning lot size
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(g) Land cleared for purposes of conducting environmental restoration pursuant to ECL 57 a
0107(13)(c), immediately after revegetation, shall be considered "natural vegetation", an( E
shall not be considered "cleared" or "previously cleared" land in determining conformanc(
with applicable clearing standards.
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(h) Persons seeking relief from clearing requirements on individual lots must file a CGA hardshil y
application. Q
Packet Pg. 175
10.33.a
(i) A map of the portion of Pine Barrens Overlay District within the fence line of the former
Grumman facility now known as "EPCAL" shall be adopted designating those areas of the
EPCAL site where land clearing is prohibited. The areas where land clearing is prohibiter >-
shall constitute 35%of the overall site.Those areas contained on said map where land clearing 0
is not prohibited may be cleared. The map may be modified from time to time by local law o z
the Town Board. ¢
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(j) Land subdivision maps and site plans outside of the EPCAL site shall contain calculations fo I
clearing and open space, and these limits shall become part of the filed map or approve(
drawings. Nonnative vegetation species to be avoided are contained in Figure 5-2 of the o
Central Suffolk Pine Barrens Comprehensive Plan. Conservation design promotes th(
significant natural and cultural resources and environmental features of a site by concentrating u,
development into compact areas. This is required for development projects and accomplishe( o'
through the use of conservation design methods that include clustering, reduced densit,
development design, or similar methods that achieve minimum open space requirements. 11 In
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determining which areas of a development project site to set aside as open space,the order o m
priority, from highest to lowest shall be as follows:
a.
(i) Areas that include any species, habitats or significant attributes required to b( X
protected under existing regulations. This includes, but is not limited to wetlands 2
the habitats of endangered; threatened and special concern species; floodplains
archaeological sites and burial grounds and new cemeteries. N
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(ii) Areas that contain woodlands followed by other natural areas Cn
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(iii) Areas that contain woodlands and other natural areas adjacent to existing opel
space, that will connect open space areas into large contiguous, unbroken block
of habitat. This should include consideration of existing and planned future
development of adjacent properties. E
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(k) Projects that do not have sufficient existing natural areas to meet the minimum open spac( ;
requirement due to prior development or use, will be required to revegetate areas to satisfi a
this standard. This includes sites that do not meet the minimum open space requirement dug
to pre-existing clearing or disturbance, formalized landscaped and turf areas and/o 3
impervious surfaces. A range of restoration methods may be required but are not limited t( 2
the "Self-Heal" approach, active restoration with nursery stock, and/or transplantatioi
activities with the "Self-Heal' approach utilized first for restoration of areas to be se aside a
open space unless otherwise prevented by site conditions. If the"Self-Heal'approach fails t( N
restore a restoration plan which shall include, but is not limited to the description of th( o
restoration method, map of the area to be restored, site preparation work, schedule fo
implementation monitoring and reporting requirements to guarantee a success rate of 850i
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after three to five years, invasive species management and reporting requirements. Upoi
successful restoration, said restoration area must be protected in accordance with "receiving 0
entity, and protecting for open space areas"
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(1) The use, maintenance and management of open space shall be considered when protecting E
open space areas, as such the project applicant must specify the entity to which the open spac(
will be dedicated. Open Space shall be dedicated to a government entity,private not for profit ¢
land conservation management organization, HOA or similar entity via the transfer of title
permanent conservation easement, or covenant recorded with the Suffolk County Clerk o E
similar mechanism to ensure open space protection.
(9) Development projects shall place no more than 15% of the entire site in fertilizer-dependen,¢
vegetation including formalized turf areas. Development designs shall consider native glanting
Packet Pg_176
10.33.a
suggestions made part of the plan, as nonnative species generally require fertilization so ineir
inclusion shall be limited to the maximum extent practicable.
(10) Development which will have a significant impact upon a habitat essential to those species identifies p
on the New York State maintained lists as rare,threatened,endangered or of special concern,or upoi z
the communities classified by the New York State Natural Heritage Program as GI, G2 or G3 or a; w
S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigatioi U
measures,as determined by the state,county or local government agency, shall be imposed to protec 1
such species.
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(11) Development projects shall incorporate bird friendly structures and site planning elements to reduc(
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bird strike and mortality to the greatest feasible with guidance provided in the American Bir(
Conservancy et al publication "Bird Friendly Building Design. 0
(12) Development projects shall minimize disturbance of the natural grade and/or w where slopes excee( L
10%. Construction in areas with slopes exceeding 10% may be approved if the site desigi m
incorporates adequate soil stabilization and erosion control measures so as to mitigate negative cu
environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portion
of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting
existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sedimen a)
control plans and details of retaining walls and erosion control structures shall be required fo L
construction in areas where slopes exceed 15% and for roads and driveways traversing slopes o N
10%. u
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(13) In order to provide for orderly development and the efficient provision of infrastructure, application in
for development projects depicting either open space or reserve areas shall specify the conditions o �
ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication n
declaration of covenants, conservation easement or similar instrument.
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(14) Where applicable, the use of a planned residential development or use of cluster design pursuant tc o
Article LIV, Cluster Development, of this chapter shall be encouraged to preserve open space ;
Further, the use of planned industrial park development pursuant to the provisions of Article LII1 0
Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces.
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(15) Any existing, expanded or new activity involving agricultural production or horticulture shal
comply with best management practices as set forth in the plan, as may be amended from time tc
time.
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(16) Development plans shall indicate established recreational and educational trails and trail corridors o
active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultura L
significance, including historic districts, sites on the State or National Registers of Historic Place; 2
CL
and historic structures listed on the State or National Registers of Historic Places, or recognized b,
local law or statute, sensitive archeological sites as identified by the New York State Histori( o
Preservation Officer or the New York State Museum, within 500 feet of the proposed development N
and shall provide adequate measures to protect such natural resources. The use of existing natura a
buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures E
consistent in style and scale with the community character, or other similar measures shall be taker a
to protect roadside areas as well as scenic and recreational resources. E
(17) All commercial or industrial development shall comply with the applicable provisions of the Suffoll a
County Sanitary Code and all other applicable federal, state or local laws. E
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B. A land use within the Compatible Growth Area that lawfully exists at the time of the effective date of thi;
article or any amendment thereto may be continued in its present form except that the aforementioned
Packet Pg. 177
10.33.a
standards shall apply to any change, structural alteration, expansion, restoration or modification to sal
land use constituting development as defined herein.
C. Those economic development activities to occur upon those lands within the two-thousand-nine-hundred o
acre tract of the Calverton Naval Weapons Industrial Reserve Plant as contemplated by Public Law 103 z
c337 (Suffolk County Tax Map parcels 0600-135-1-2, 0600-135-1-6 and 0600-135-1-7), the plan and it w
attending generic environmental impact statement shall not constitute development as defined by § 57 U
0107, Subdivision 13(i), of the New York State Environmental Conservation Law and by this article. 1
.`
D. Penalties for offenses. a
(1) In addition to the penalties provided for elsewhere in this chapter, any person or entity who shal
violate any of the provisions here shall restore the subject premises or property or shall undertake o'
any necessary remedial action, including but not limited to the posting of a performance an( c
maintenance bond, as required by the Town Board in order to bring the subject premises int( a)
conformance with the requirements of this chapter and the Central Pine Barrens Comprehensiv( m
Land Use Plan or any permit, covenant or condition issued thereto.
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(2) Any person or entity who shall violate any of the provisions contained in this chapter or the Centra
Pine Barrens Comprehensive Land Use Plan or any permit covenant or condition issued pursuan a)
thereto shall be guilty of a violation of such, which shall be punishable by a fine not to excee( .2
$25,000 or not more than one year in jail for violations occurring on premises or property locate( Q
within the Core Preservation Area or $10,000 or not more than one year in jail for violation, U
occurring on premises or property located within the Compatible Growth Area, and an additiona T
fine of$1,000 per day in both areas for each day that such violation continues. A violation of thi;
section shall be classified as an unclassified misdemeanor. N
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(3) Any fines or penalties collected pursuant this chapter for violations of the provisions of the Towi
Code relating to the Pine Barrens Overlay District,when paid over to the Town, shall be maintaine( E
in a segregated account to be used exclusively for the continuation of the protection, preservation o
enhancement and/or restoration of the natural resources and ecosystems of the Central Pine Barren;
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Region. o
(4) Where authorized by a duly adopted resolution of the Town Board, the Town Attorney shall brim
and maintain a civil proceeding, in the name of the Town in the Supreme Court, pursuant to Tow]
Law § 268, to enjoin the person or persons conducting or permitting any violation of this article fo
further conducting or permitting said violation.
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§ 301-198 Transfer of development rights; Pine Barrens credit program. c
A. It is the purpose of the Pine Barrens credit program to provide for the preservation of land within the Cori
Preservation Area while maintaining the value of those lands by providing for the transfer of Pine Barren Q
credits. Development rights shall be transferable from the Core Preservation Area to approved receiving
sites outside the Core Preservation Area pursuant to Article XLII, Transfer of Development Rights, 0 0
this chapter, and the transfer of development rights standards of Article 6 of the Suffolk County Sanitar;
Code.Additionally,a landowner must obtain a Pine Barrens credit certificate from the Pine Barrens Credi
Clearinghouse (the "Clearinghouse") as set forth in the plan, which Pine Barrens credit may be sold o E
used in accordance with the procedures set forth in this chapter. a)
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B. General regulations.
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(1) Pine Barrens credits, or fractions thereof, shall be allocated for each parcel of land established as ;
separate tax lot as of the effective date of this chapter. CU
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(2) Pine Barrens credits shall be allocated for each parcel of land based upon the development yield
Packet Pg. 178
10.33.a
established by multiplying the gross lot area(acres)of the parcel by the following developmen yie
factor, such factor predicated upon that zoning use district in existence upon the adoption of the plan
in June 1995, or the date the parcel was added to the Core Preservation Area or sending area if later
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District Yield Factor Q
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(3) A fractional allocation of a Pine Barrens credit shall be rounded to the nearest one-hundredth of; m
Pine Barrens credit. S
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(4) Notwithstanding the aforementioned provisions, the Planning Board, upon the written request ofth( x
landowner, and subject to prior approval by the Commission, may elect to increase the allocation o 2
Pine Barrens credits for a parcel of land if it can be demonstrated to the satisfaction of the Planning
Board that the potential development yield of the property, pursuant to Article LIII, Subdivisioi
Regulations, § 301-285, is greater than the yield set forth herein.
(5) No Pine Barrens credit shall be allocated for property owned or held by a public agency, municipa
corporation or governmental subdivision, including property held by reason of tax default.
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(6) No Pine Barrens credit shall be allocated for property for which the development rights hav(
previously been used or acquired, nor for lands which are encumbered by easement, covenant o E
other deed restriction for the purpose of land protection, preservation or conservation. N
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(7) No Pine Barrens credits may be transferred into the Core Preservation Area. Pine Barrens credit; °a
originating in the Core Preservation Area may be transferred out of the Central Pine Barrens Ares
pursuant to the establishment of receiving areas. Pine Barrens credits shall not originate from land;
within the Compatible Growth Area.
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(8) In situations where a development project site contains a parcel which is split between the Core an( 'c
CGA, and where the entire project site's acreage (Core and CGA acreage added together) was use( N
for determining the amount of clearing that can occur on the CGA portion, no Pine Barrens Credit; M
can be obtained on the Core portion of the property.
❑.
(9) Pine Barrens Credits can only be allocated to partially developed parcels when said parcel is at leas v
twice the minimum lot size fore the zoning used district in which is it situated, and the project i; o
otherwise eligible for a Credit allocation.
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(10) In allocation Pine Barrens Credits to portion(s) of any otherwise eligible parcel, the Clearinghouse
shall consider the extent of any prior public acquisition of that parcel or any portion thereof. a
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(11) No allocation of Credits shall be made to any parcel or portion thereof upon which an ownershil
overlap condition exists among more than one competing owners unless and until such ownershil E
overlap condition is resolved by the applicant to the satisfaction of the Commission. Additionally
application for credits on such parcels where the overlap condition includes as one of the competing .40
owners any governmental agency or body, the Commission shall communicate in writing to the<
relevant governmental agency or body a request for guidance on resolving the overl
Packet Pg. 179
10.33.a
(12) Intermunicipal redemption of Pine Barrens Credits is defined as the redemption of Credits in a I own
or Village in Suffolk County other than the one from which it was generated. Said intermunicipal
redemption shall require approval from both the receiving and generating municipality. Sucl a
intermunicipal redemption may include the redemption of Pine Barrens Credits in municipalitie o
outside of the Central Pine Barrens. Intermunicipal redemption include but are not limited to th, z
redemption of Credits to satisfy the requirements of the Suffolk County Department of Healtl w
Services anywhere within that Department's jurisdiction.
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(13) Absent unanimous action by the Commission to the contrary, each Pine Barrens Credit redemptioi N
shall be irrevocable. o
(14) Pine Barrens Credits may not be redeemed in the Core Preservation Area or any other designate(
sending areas. p>
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TOWN OF RIVERHEAD o
Notice of Adoption
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead, adopted a
a local law to amend Chapter 301 Zoning and Land Development, Part 2 Districts, Article M
XLI Pine Barrens Overlay District. The intent of the amendment is to comply with
amendments to the Central Pine Barrens Comprehensive Land Use Plan (CLUP) which o
have an effective date of July 18, 2024.
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, 4 W Second Street, a
Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday
L
through Friday and can be accessed on the Town of Riverhead website at: o
www.townofriverheadny.gov under the Agenda and Minutes for the July 2, 2024 Town
Board Meeting. a
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Dated: Riverhead, New York m
July 2, 2024
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BY ORDER OF THE TOWN BOARD U
OF THE TOWN OF RIVERHEAD
JAMES M. WOOTEN, TOWN CLERK
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Short EZuironmentalAssessment Form
Part I -Project Information a
Instructions for Completing
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Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the e0
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on e
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as U
thoroughly as possible based on current information.
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Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the <t
lead agency;attach additional pages as necessary to supplement any item. o
Part 1—Project and Sponsor Information ra
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Riverhead Town Board
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Name of Action or Project: 0
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Amend Chapter 301 Zoning and Land Development,Part 2 Districts,Article XLI Pine Barrens Overlay District U
Project Location(describe,and attach a location map): o
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Town of Riverhead-Pine Barrens Overlay District <C
Brief Description of Proposed Action: r 7
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Local Law to Amend Chapter 301 Zoning and Land Development,Part 2 Districts,Article XLI Pine Barrens Overlay District as follows:The intent of the
proposed amendment is to comply with amendments to the Central Pine Barrens Comprehensive Land Use Plan(CLUP)which have an effective date N
of April 18,2024. See attached. p
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Name of Applicant or Sponsor: Telephone: 631-727-3200 ext 207
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Riverhead Town Board m
E-Mail: charters@lownofriverheadny.gov a)
Address:
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4 W Second Street
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City/PO:
Riverehad State: Zip Code: E
NY 11901 <C
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance,
administrative rule,or regulation? NO YES 3:
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that a
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may be affected in the municipality and proceed to Part 2. If no,continue to question 2. �
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2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES J
If Yes,list agency(s)name and permit or approval: ❑ ❑ Cl)I
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3. a.Total acreage of the site of the proposed action? acres N
b.Total acreage to be physically disturbed? acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? acres
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4. Check all land uses that occur on,are adjoining or near the proposed action: w
❑Urban
❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban)
❑Forest ❑ Agriculture Aquatic Other(Specify): c
❑Parkland Ec
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Page 1 of SEAF 2019
Packet Pg. 1
1 p.33.c
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5. Is the proposed action, XNO YES N/A a,
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a. A permitted use under the zoning regulations? ❑ ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑ o
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NO YES as
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? Q-
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❑ ❑
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7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES (D
If Yes,identify: E
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8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b. Are public transportation services available at or near the site of the proposed action?
❑ ❑ !A
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ a
action? O
9. Does the proposed action meet or exceed the state energy code requirements? NO YES Q
If the proposed action will exceed requirements,describe design features and technologies: M
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10. Will the proposed action connect to an existing public/private water supply? NO YES
if Na,describe method for providing potable water: p
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11. Will the proposed action connect to existing wastewater utilities? NO YES m
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If No,describe method for providing wastewater treatment: E
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12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES Q
which is listed on the National or State Register of Historic Places,or that has been determined by the o
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the ❑ ❑ M
State Register of Historic Places? J
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b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑ MI
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
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13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES N
wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? R°
❑ ❑ U-
lf Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Q
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10.33.c
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14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: m
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❑Shoreline ❑ Forest ❑Agricultural/grasslands ElEarly mid-successional V_
❑Wetland ❑ Urban ❑Suburban <C
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15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES M
Federal government as threatened or endangered? )
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16. Is the project site located in the I00-year flood plan? NO YES U
❑ ❑
17. Will the proposed action create storm water discharge,either from NO YES paint or non-point sources? o
If Yes, ❑ ❑
a. Will storm water discharges flow to adjacent properties? ❑ J
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b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑ J
If Yes,briefly describe: ar
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18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES (co'
or other liquids(e.g.,retention pond,waste lagoon,dam)? 4
If Yes,explain the purpose and size of the impoundment: N
❑ ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility? 0
If Yes,describe: ❑ ❑ �
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20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES m
completed) for hazardous waste?
If Yes,describe: �-
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I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF o
MY KNOWLEDGE
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Applicant/sponsor/name: Matt Charters, Date:03-18-24 —I
Signature: Title:Senior Planner J
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Packet Pg. 184
10.33.c
Agency Use Only[If applicable]
Project: r
mends Pine Barrens Overaly
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Date: July 2,2024 X
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Short Environmental Assessment Form M
Part 2 -Impact Assessment
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Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by E
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by o
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
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No,or Moderate J
small to large w
impact impact p
may may
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occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning M
revelations? Z ❑
2. Will the proposed action result in a change in the use or intensity of use of land? ❑ C)
3. Will the proposed action impair the character or quality of the existing community? ❑ ra
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4. Will the proposed action have an impact on the environmental characteristics that caused the >
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establishment of a Critical Environmental Area(CEA)? ❑✓ en
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5. Will the proposed action result in an adverse change in the existing level of traffic or ❑
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affect existing infrastructure for mass transit,biking or walkway?
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6. Will the proposed action cause an increase in the use of energy and it fails to incorporate c
reasonably available energy conservation or renewable energy opportunities? Z ❑ CL
7. Will the proposed action impact existing: ❑ c
a,public/private water supplies? Z E
b.public/private wastewater treatment utilities? ✓ o
8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ 3
architectural or aesthetic resources? -J
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, U
waterbodies,groundwater,air quality,flora and fauna)? ❑✓ ❑ J
I
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage `�
problems? Z ❑ N
11. Will the proposed action create a hazard to environmental resources or human health? ❑
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PRINT FORM Pagel of2
SEAF 2019
Packet Pg. 185
10.33.c
Agency Use Only[If applicable]
Project: Amend Pine Barrens C
Date: 07/02/24
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Short Environmental Assessment Form
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Part 3 Determination of Significance
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For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a cz
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency m
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, E
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- <L
0
term,long-term and cumulative impacts.
R
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The action, the legislative adoption of a Local Law to Amend Chapter 301 Zoning and Land Development,Part 2
Districts,Article XLI Pine Barrens Overlay District.The intent of the amendment is to comply with amendments to U
the Central Pine Barrens Comprehensive Land Use Plan (CLUP)which have an effective date of July 18,2024, is
not likely to result in any significant adverse environmental impacts.Any project subject, and within the Pine Barrens a
Overly District will be subject to project specific SEQRA review as applicable. 0
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ElCheck this box if you have determined, based on the information and analysis above,and any supporting documentation, M
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required. U
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aCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, —rl
that the proposed action will not result in any significant adverse environmental impacts. 0
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Riverhead Town Board 07/02/24 N
Name of Lead Agency Date rn
Matt Charters Senior Planner M
Print or Type 1Zes oo ble O fice, k Lead Agency Title of Responsible Officer u-
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rgnatuesr esponsible Officer-in Lead Agency Signature of Preparer(if different from Responsible Officer)
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PRINT FORM Paget oft
Packet Pg. 986
Office
James.
M. Wooten, Town, Clerk
Registrar of Vital Statistics' Records ainagement i�cer Marriage Officer
July 8, 2024
Honorable Town Clerk:
Your response tp, this letter will acknowledge receipt of the attached resolution
adopted by the RN he s d Tow Board. Kindly please sign and email back to the
Riverhead Town I , 1 r ue poten at towti lerk °townofriverhe ;i In . v
° -7
Signature: Date.
Regular Tow Board Meeting July 2, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on July 2, 2024
#12- Resolution # 633 -Adopted 7/02/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 2 DISTRICTS, ARTICLE XLI PINE BARRENS OVERLAY
DISTRICT
Sincerely,
..............
James M. Wooten
Town Clerk
J W:cd
4 West Secoind Street R'i erllimea , New York 1 0 -(6 "727- 200 IE: t- 260
Office of the Town Clerk
James M• . Wooten, Town Clerk
Registrar of Vital Statistics Records Management Cifficer Marriage Officer
July 17, 2024
Suffolk County Planning Department
L.I. State Park Commis'sioh
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 8. Regular Town Board meeting on July 16, 2024
#13- Resol..utj'00,#$73—Adopted 7/16/202.4
ADOPTS A LOCAL CAW TO AMEND CHAPTERLVERTON I-NDUS 303"CA TRIAL
MORATORIUM WITHIN THE TOWN OF RIVERHEAQ' FOR THREE.E(3) MONTH,
EXTENSION OF MORATORIUM PERIOD:
Sincerely,
James M. Wooten
JMW.cd
4,Vilest Second Street— Riverhead,, Now York 11901— (631)727-3200 Ext 260
Office ®f the Town clerk
James M. Wooten, Town Clerk
Registrar of'Vital Statistics Records Man,agpment Officer FAarnage Officer
July 17, 2024
Honorable Town Clerk`
Your respqr0,jo this lette&ill acknowledge receipt of the attached resolution
adopted by thWRiverh To ri Board. Kindly please sign and email back to the
Riverhead Tom s oten at.townclerk townofriver a do ov.
Signature: Date: 6
v
Regular Town Board Meeting July, 16, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted,by the
Riverhead Town Board,at a Regular Town Board meeting on July 16-, 2024
#13- Resolution# 673—Adopted 7/16/2024
ADOPTS A LO.CAL.LAW TO AMEND CHAPTER 303 "CALVERTON INDUSTRIAL
MORATORIUM WITHIN THE TOWN OF RIVERHEAD" FOR THREE (3) MONTH
EXTENSION OF MORATORIUM PERIOD
Sincerely,
James M. Wooten
Town-Clerk
JW:cd
4 West Second Street-r Riverhead, New Fork 11 g01--(631)727-3200 Ext. 260
9 26
07.16.2024 .ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024=673
RATIFIES ADOPTION OF LOCAL LAW TO AMEND CHAPTER 303, "CALVERTON
INDUSTRIAL MORATORIUM WITHIN'THE TOWN OF"RIVERHEAD" FOR THREE (3)
MONTH EXTENSION OF MORATORIUM PERIOD
Councilman Kern offered the following resolution,
Which was seconded by Councilwoman Merrifield
WHEREAS:, Resolution: #2024-62 adopted by the Riverhead Town Board on
January 4, 2024, adopted a local law to include Chapter 303, entitled "Calved n
Industrial Moratorium within, the Town of- Riverhead", of the Code of the Town of
Riverhead; and'
WHEREAS, by#2024-571 dated June 18, 2024 the Town Clerk was authorized
to publish and post.a. public notice to hear all interested persons to consider a local law
to consider a, local law extending the moratorium term set forth in Chapter 303, entitled
''Calverton Industrial Moratorium within the Town of'Riverhead""; and
WHEREASit a public hearing was held on the 2nd day,, of July 2024.at;2:10 p.m..at
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';
:and
WHEREAS, pursuant to GML--239M and Section A"14-14 through A14-15 of
the Suffolk County Administrative code, the proposed `local law was referred to the
Suffolk County Planning Commission (SCPC) which issued a report dated..July 10, 2024
And considered .the matter... at its regularly scheduled meeting held on July 1.0, 204 at
which time the SCPC voted to approve the local law subject.to_the following comments:
1. As per information referred to the Suffolk County`Planning Commission from
the Riverhead Town Board, "under the New York State.Environmental Quality°
Review regulations." (SEQRA 6 NYCRR. 617). "the proposed local law is
classified as a Type 11 Action and no further review by the Board of'Trustees
in necessary." Accordingly,. no environmental assessment form has been
prepared. While the SEQRA determination may be technically, correct it does
not imply that there is a potential adverse effect�of no moratorium action and
what non-action would;Have on GroundwatermanagernentZone Ill, farmland,
open space, single- family homes, small and moderate. scale commercial
development and the Environmental Justice area designation. A full
Environmental Assessment Form and expanded part.3 .would be valuable in
outlining relevant findings that would support the proposed local law
2. The Town:shall report back to the Suffolk County Planning Commission of the
end of the'three (3) month period.(i.e. Dctober 2024),to advise on its progress
of their, changes and note if and how such changes are related to 'their
_;Packet Pg. 130
Cgrnprehensive Plan update; and '~
WHEREAS, additional time is neededfor:the Town tore-evaluate and determine
appropriate :measures or regulations to minimize Or, mitigate .any potential negative
impacts; evaluate consistency with the update-to the Town's.Comprehensive Plan; and
WHEREAS, additional time is needed for the. Town to adopt such additional
regulations; local laws, amendments to .the zoning code; 'up.date:to the Comprehensive
Plan; and
WHEREAS, the proposed, amendment is a Type II action pursuant to 6NYCRR
Part:617 (SEQRA)- and Chapter 225 :of the Riverhead Town Code therefore no further
environmental review is required. Now, therefore, be it
RESOLVED, for the reasons set forth above, the Town Board deems, it.
necessary and in the public iriterest. .to immediately extend 'the moratorium on the
processing, reviewing', :and/or taking of any action on :any .development application,
including but: not limited to'the 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); additionally no
Applications shall be .accepted, pursuant to Chapter 301, Article XXVIL; establishing
receiving site for Pine Barrens Credits and other 'identified development credits for�an
additional three (3) month period, in an effort to provide, adequaae time to adopt
appropriate Tegiilations, amendMOM(s) to the Town's.Zoning Code: and/br updated to
the Town's Comprehensive Plan 'for such land use :in a manner consistent with the
goals and policies of the existing and intended update to 'the Town's C.ornprehensiVe
Plan and in the best interests o.fthe public health, safety and general welfare; and be it
further
RESOLVED, that, effective July 12, 2024,, .the Town Board of the Town of
Riverhead hereby ratifies :the adoption, a local law amending Chapter 303, entitled
"Calverton Industrial Moratorium within the Town of Riverhead'", .extending the
moratorium term set forth in Chapter 303, 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
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;MOVER: :J'oann;1Na9ki' ,06uneilwoman
.S:EGO`NDER�' .Denise.M'e`rrifeltl',,Counciwoman`
TimHubba'rtl YDenis'a.M.&M,ie:l"d-:;Joann:'Vllaski
NAYS': Kenneth=R'o;tfwell Rot?ert Kern:
TOWN OF RIVERHEAD o
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE', that effective July 12, 2024, byresolution 2024-673, the o
Town Board of the Town of Riverhead ratified the adoption of a Local Law to Amend Part
III'Zoning and Land Development, Chapter 303 Calverton Industrial Moratorium, 6303-3
Moratorium'period of the Riverhead Town Code. The purpose of this proposed legislation
is to extend the Calverton Industrial Moratorium for a period,of three (3) months.
M
A copy of the entire,text of the adopted local law and the provisions of-the adopted
local,law may be reviewed at the Office of the Town Clerk, 4 W Second Street, Riverhead, o
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 N
under the Agenda and Minutes for the July 16, 2024 Town Board Meeting.
Dated: Riverhead, New York' 0r
July 16, 2024 E
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BY ORDER OFLTHE TOWN BOARD` 0
OF THE TOWN OF RIVERHEAD'
JAMES M.WOOTEN, TOWN-CLERK
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Part III: Zoning and:Land Development
`Chapter 303 Calverton Industrial Moratorium a
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§ 303-3.1 Extension of Moratorium Period. 0
This chapter shall extend the moratorium period for a.period.of three(3)months•from the effective date hereof
This chapter shall expire after said three=month,period unless.;and until this time period is 'extended by the o
Town Board after adoption of a subsequent local law or amendment,hereto. -i
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JamesOffice of the Town Clerk
M. Wooten,
Town Clerk
Registrar of Vital Statistics Recurs Management Officer Marriage Officer
August 8, 2024
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 6, 2024
#14- Resolution # 703 —Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION 253
THEREOF ENTITLED"PROHIBITED SIGNS"
Sincerely,
James M. Wooten
JMW:cd
West Second t w Riverhead, New 'or 11 1-- (631)727-3200 Ext. 260
Office of the Town Clerk
James M. 'Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
Aug
ust 2024
Honorable Town Cl k:
Your res onse this le7p' r will acknowledge%receipt of the attached resolution
adopted by th R1 r a Fn Board. Kindly please sign and email.back tothey
Riverhead To n .1 a s - oten,at towriclerk(a)-'townofrive headnv.qov.
Signature: Date:
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Regular town Board Meeting August 6, 2-00 PM
ENCLOSED HEREWITH please find,the following resolution which was-adopted by the
Riverhead Town Board at 8 Regular Town Board meeting on August 6, 2024
#14- Resolution,# 703.—Adopted 9/06/2024
ADOPTS.A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION,253
THEREOF ENTITLED "PROHIBITED SIGNS"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4West Second Street— Rllverh6gd, New York 11001- (631)727-3200 Ext. 260
! iAl inbsHryGs nwrwcesswti.
e
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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, James Wooten at townclerk@townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting August 6, 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 6, 2024
#14- Resolution # 703 —Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION 253
THEREOF ENTITLED "PROHIBITED SIGNS"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
West Second Street— Riverhead, New York 119 1— (631)727-3200 Ext. 260
10.24
08.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-703
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION 253 THEREOF
ENTITLED "PROHIBITED SIGNS"
Councilwoman Merrifield offered the following resolution,
which was seconded by Councilwoman Waski
WHEREAS, by Resolution 2024-566 adopted on June 18, 2024, 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", Section 253 thereof, entitled, "Prohibited signs"; and
WHEREAS, a public hearing was held on the 16th day of July, 2024 at or about
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 action 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", Section 253
thereof, entitled, "Prohibited signs", 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: Denise Merrifield, Councilwoman
SECONDER: Joann Waski, Councilwoman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 171
10.24.a
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION <
0
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 Land -'
Development", Section 253 thereof, entitled, "Prohibited signs". The intent of the proposed U
amendment is to allow the use of traditional barber poles.
A copy of the entire text of the adopted local law may be reviewed at the Office of o
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
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Riverhead website at: www.townofriverheadnV.gov under the Agenda and Minutes for the
August 6, 2024 Town Board Meeting. a
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Dated: Riverhead, New York .0
August 6, 2024
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD o
JAMES M. WOOTEN, Town Clerk
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10.24.b
Chapter 301 ZonintZ and Land Development
§ 301-253 Prohibited signs.
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The following types of signs are prohibited in every use district in the Town of Riverhead unless otherwise
specified in this chapter: 0
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A. Off-premises commercial advertising signs, including but not limited to billboards or signs affixed to 0
utility poles. U
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B. Animated, flashing, moving, rotating, revolving, chasing, oscillating, or blinking signs or devices other 10
than a time and temperature display.except a traditional barber's pole which is defined as a staff or pole with
a helix of red, white and blue stripes that may be stationary or rotate, but shall not be illuminated. o
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C. Banners, ribbons, pennants, spinners, streamers, balloons or other such devices.
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D. Any sign visible from a public right-of-way that is mounted on a vehicle or trailer designed to be c
transported by wheels, or is mounted on a chassis with or without wheels. E
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E. Temporary menu, sandwich board, banners, posters and other such temporary signs within 50 feet of the Z:
public right-of-way, with the exception of farm market ground identification signs.
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F. Any sign, including handbills and stickers, affixed to a traffic sign, signal, controller cabinet or supporting 0
structure, fire hydrant, utility pole, bridge, tree, rock, statue, or sculpture. It shall be presumed that any N
person, business or entity identified on any sign, poster, sticker or advertising device regulated under this 0-
chapter, or the owner, agent, registrant, manager, business, entity or person in charge of any telephone
number, website, entity, business or address identified on any sign, poster, sticker or advertising device
regulated under this chapter, is responsible for the placement of that sign, poster or sticker. This presumption Co
shall be rebuttable. It
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G. Mobile signs standing on the ground or attached to vehicles or trailers, except signs painted on registered
vehicles identifying the owner and utilized in the conduct of such business. Vehicles or trailers may not be o
used primarily for on- or off-premises advertising.
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JamesOffice of the Town Clerk
All. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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 6, 2024
#15- Resolution # 704—Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE XLV
SUPPLEMENTARY USE REGULATIONS, §301-231 F. (5) ALTERNATIVE PAVING
TECHNIQUES
Sincerely,
James M. Wooten
JMW:cd
4 West Second Street— Riverhead, New York 11 01— (631)727-3200 Ext. 260
V
"1tD,tdiirany,iist aigoctnw �'
Office of the Town Clerk
James;1�. Wooten. Town Clerk
Registrar-®f Vital Statistics Records Management.Officer Mairriage Officer-
August.8, 2024
Honorable Town Clerk:
Your respon .e t this letter will acknowledge receipt of�tho attached resolution
adopted by the erh ad T n Board. Kindly,please sign and email back to the
Riverhead Tow, e ; J es ooten at'towhclerk townofriver eadn . ov.
Signature: Date:. 6/
Regularlown Boa eeting;August,6, 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 6., 2024
#15- Resofution # 704—Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE XLV
SUPPLEMENTARY USE REGULATIONS, §301-231 F. (5) ALTERNATIVE PAVING
TECHNIQUES
'Sincerely,
James M. Wooten
Town Clerk
Jw:cd
4 West Second Street— Riverhead, Now York 11901—.(631)727-3200 E.A. 260
I
Yit 1'rtoaMiiirt nAwuWeeswM
Office
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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, James Wooten at town clerkCa)-townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting August 6, 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 6, 2024
#15- Resolution # 704—Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE XLV
SUPPLEMENTARY USE REGULATIONS, §301-231 F. (5) ALTERNATIVE PAVING
TECHNIQUES
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, NewYork 11901— (631)727-3200 Ext. 260
10.25
08.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-704
ADOPTS LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE XLV
SUPPLEMENTARY USE REGULATIONS, §301-231 F. (5) ALTERNATIVE PAVING
TECHNIQUES
Councilwoman Waski offered the following resolution,
which was seconded by Councilman Rothwell
WHEREAS,the Town Clerk was authorized to publish the attached public notice to consider
a local law to amend Chapter 301 Zoning and Land Development, Part 3 Supplementary
Regulations, Article XLV Supplementary Use Regulations, §301-231 F. (5) Alternative Paving
Techniques,of the Code of the Town of Riverhead('Riverhead Town Code"); and
WHEREAS, a public hearing was held on the 4t" day of June 2024 at 2:10 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; and
WHEREAS, the Adoption of the subject Local law is an Unlisted Action pursuant
to SEQRA, with coordinated review being optional and not recommended.
WHEREAS, Planning Department Staff, on behalf of the Riverhead Town Board
has prepared part 1 the Short Environmental Assessment Form (SEAF) dated May 10,
2024 and part 2 and part 3 of the SEAF dated August 6, 2024; Now, therefore be it
RESOLVED, that the Riverhead Town Board hereby classifies the local law to
amend Chapter 301 Zoning and Land Development, Part 3 Supplementary Regulations,
Article XLV Supplementary Use Regulations, §301-231 F. (5) Alternative Paving
Techniques, of the Code of the Town of Riverhead ("Riverhead Town Code") as an
Unlisted Action pursuant to SEQRA, and assumes Lead Agency, without coordinated
review; and be it further,
RESOLVED, that the Riverhead Town Board hereby issues a Negative
Declaration pursuant to SEQRA, for local law to amend Chapter 301 Zoning and Land
Development, Part 3 Supplementary Regulations, Article XLV Supplementary Use
Regulations, §301-231 F. (5) Alternative Paving Techniques, of the Code of the Town of
Riverhead ("Riverhead Town Code") as the proposed action is not likely to result in any
significant adverse environmental impacts; and be it further,
RESOLVED, that local law to amend Chapter 301 Zoning and Land
Development, Part 3 Supplementary Regulations, Article XLV Supplementary Use
Regulations, §301-231 F. (5) Alternative Paving Techniques, 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
Packet Pg. 175
RESOLVED, that the Town Clerk be and is hereby directed to forward 8 copy Of
this o8SOlUtiOD to the P/8DDiOg []ep8[bm8Ot. the (lffiCO Of the TOVVD /\ttO[D8V. The
Building [}ep8[bmeDt. Office ofthe Fire Marshal and Code Enforcement; and
RESOLVED, that all Town Hall Departments may review and obtain @ copy of
this resolution from the electronic storage device and, if needed, o certified copy of
same may be obtained from the Office 0f the Town Clerk.
10.25.a
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 Chapter 301 Zoning and Land Development, Part 3 Supplementary
Regulations, Article XLV Supplementary Use Regulations, §301-231 F. (5) Alternative
Paving Techniques. The purpose of this amendment is to clarify how parking areas o
contribute to a site's impervious surface calculation.
A copy of the entire text of the adopted local law and the provisions of the existing ry
law to be amended may be reviewed at the Office of the Town Clerk, 4 W 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: E
www.townofriverheadny.gov under the Agenda and Minutes for the August 6, 2024 Town
Board Meeting. )
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Dated: Riverhead, New York
August 6, 2024 CL
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BY ORDER OF THE TOWN BOARD 0
OF THE TOWN OF RIVERHEAD
JAMES M. WOOTEN, TOWN CLERK
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10.25.b
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§ 301-231 F. (5) Alternative Paving Techniques
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(5) Alternative pervious paving techniques.
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(a) When deemed appropriate by the Town Engineer and Planning Department consulting
engineer and approved by the applicable Board approving the site plan, the following
alternative pervious paving techniques may also be allowed:
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[1] Porous asphalt, porous concrete, or permeable pavers over appropriate base and subbase <
material; 0
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[2] Other pervious paving techniques not specifically listed when deemed suitable as to use
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and location. 0
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(b) Since alternative pervious pavement techniques may require maintenance not required for 0.
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conventional paving systems, the applicable Board may require as part of the covenants ¢
approving a site plan a maintenance agreement and periodic inspections.
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(c) Note: alternative pervious paving techniques shall only be permitted in place of and as an
alternative to traditional drainage structures, including but not limited subsurface catch basins; N
drywells, recharge basins, retention ponds or detention ponds and shall not be utilized to >-
exceed and/or circumvent maximum building lot coverage, maximum floor area ratio, or 0-
maximum impervious surface calculations permitted in the applicable zoning use district and U
shall instead be considered part of, and shall contribute to the impervious surface calculation ¢
for the purposes of zoning.
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'.sxsirRO�gnns nrrocsswa
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vitas Statistics Records Management Officer Marriage Officer
August 8, 2024
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 6, 2024
#16- Resolution # 705 —Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 257 PEDDLING & SOLICITING
(Food Trucks)
Sincerely,
James M. Wooten
JMW:cd
West Second Street— Riverhead, NewYork 1901— (631)727-32 0 East. 260
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}5 ncatT+roxtiirb Niiwwt»vu
UITICewCO3-ark.
James M. Wooten,,Town Clerk
Registrar of Vital'.Statistics Records Management Officer Marriage Officer
August 8, 2024
Honorable Town Cler
Zourres nset this.I er will acknowledge receipt.of the:attach:ed resolution
adopt by th River ea T wn Board. Kindly please sign and email back'to the
Riverhead T Cl a es ten at town clerk townofriverhe n I. ov.
Signature:. Date:
Regular Town.Board Meeting August 6,.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 6;2024'
#16- Resolution #705—Adopted 8/06/2024
.ADOPTS A LOCAL LAW TO AMEND CHAPTER.257 PEDDLING & SOLICITING
(Food Trucks).
Sincerely,
James M. Wooten_
Town Clerk
J W:cd
4 West Second S t—Rivdrhead, New'Yor 11196i—(631)727-3200 Est 260
J
,..FAa 41 RIIOSlf4iA>rix Mswuw.M f
Office
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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, James Wooten at town clerk(a-)-townofriverheadny.gov.
Signature: Date:
Regular Town Board Meeting August 6, 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 6, 2024
#16- Resolution # 705 —Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 257 PEDDLING & SOLICITING
(Food Trucks)
Sincerely,
�2uo A,/ ��t�
James M. Wooten
Town Clerk
J W:cd
4 West Second Street— Riverhead, New York 11 1— (631)727-3200 Ext. 260
08.06.2024 ADOPTED
TOWN OF R|VERHEAD
TB Resolution 2024-705
ADOPTS LOCAL LAW TO AMEND CHAPTER 257 PEDDLING & SOLICITING
Councilman Rothwell offered the following FeSO|UU0D.
which was seconded by Councilman Kern
WHEREAS, the Town Clerk was authorized to publish the attached public notice h] hear all
interested persons to consider a local law to Amend Chapter 257, Peddling &Soliciting, Of the Code
pf Town Vf Riverhead y'R�Sdl�@dT0mD��0d�'Y
` '.
WHEREAS, 8 public hearing was held on the 4m day of June 2O24Gt2:OOo'clock
p.m. at the Riverhead T0VVD H@U, 4 VUSecond Street RiVerhe@d, New YO[k, the dat8,
time and place specified in Said public notice, and all persons wishing to be heard were
heard; and
WHEREAS, the Adoption of the subject Local law io on Unlisted Action pVnSU@Dt
to SEQRA, with coordinated review being optional and not recommended.
WHEREAS, Planning Department Staff, on behalf Vfthe Riverhead TOxvD Board
has prepared part 1 the Short EDVi[oDDneDt@| Assessment FO[D1 (SEAF) dated JUDa 11,
2O24 and part 2 and part 3Of the SEAF dated August 0. 2O24. Now, therefore, b8it
RESOLVED, that the FliVe[h8@d T0xvD BO8nj hB[8bV classifies the |0c8/ law t0
Amend Chapter 257. Peddling & Soliciting, Of the Code of -[0vvn of Riverhead
("Riverhead Town Code'') as an UD|iShad Action pursuant to 8EC)RA' and 2SSUnOeS
Lead Agency, without coordinated review; and beitfurther
RESOLVED, that the Riverhead TOvvO Board hereby iSSUeS 8 Negative
Declaration pun5U@Dt to SEQF{A. for the |0C@| |8VV to /\DleOd ChGpter257. Peddling 8'
Soliciting, of the Code of Town of Riverhead ("Riverhead Town Code") as the proposed
8CtiOD is not likely to [8SUlt in any significant adverse 8DVi[ODDleOt8| iOlp8C[5; and be it
further
RESOLVED' that the |qCa| |avv to Amend Chapter 257. Peddling & Soliciting, Of
the Code Of Town of Riverhead ("Riverhead Town Code") is hereby adopted as
specified iO the attached notice Of adoption; and b8itfurther
RESOLVED, that the Town Clerk be and is hereby directed to forward 8 copy of
this [e9O|UtiOD t0 the Office 0f the Town Attorney, the Planning [}ep8[tD18Dt. the Building
Department, Code Enforcement and the Fire Marshal's Office; and
RESOLVED, that all T0vvO Hall Departments may review and obtain 8 copy of
this [ea0lUtiOD from the e|8CtrODiC storage device and, if needed, 2 certified COpV Of
same may be obtained from the Office Df the Town Clerk.
THE VOTE 10.26
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth Rothwell, Councilman
SECONDER: Robert Kern, Councilman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
g. 81�
Packet P 1„_.. .._
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
Q)
PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local
law to amend Chapter 257 of the Riverhead Town Code entitled "Peddling & Soliciting". 0
The intent of the proposed amendment is to define and include regulations for food trucks.
A copy of the entire text of the proposed local law and the provisions of the existing law to
0
be amended may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, -j
New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can
0
be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda
and Minutes for the August 6, 2024 Town Board Meeting.
0
Dated: Riverhead, New York 11�
August 6, 2024
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BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD 0
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JAMES M.WOOTEN, TOWN CLERK
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10.26.b
CHAPTER 257
Food Trucks, Peddling and Soliciting
Article I
Licensing and Regulation Q
§ 257-1 Purpose.
The purpose of this article is to provide for the registration and regulation of the conduct of certair
peddlers, solicitors and canvassers in the Town of Riverhead and otherwise eliminating sucl
practices.
§ 257-2 Definitions.
As used in this article, the following terms shall have the meanings indicated: <
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FOOD TRUCK J
A licensed, motorized vehicle or mobile food unit equipped with facilities for cooking and sellinc 7,
food, which is temporarily stored on a premises where food items are sold to the general public 0
also known as "mobile food preparation vehicle."
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FOOD TRUCK OPERATOR <
A person as defined herein who operates a food truck as defined herein. ,
0
PEDDLER N
A person who goes from place to place by traveling on foot or by any type of conveyance on the N
streets or from house to house carrying, transporting or conveying goods, wares, merchandise >-
foods, farm products or provisions, offering and exposing the same for sale or making sales an( o
deliveries to purchasers or who solicits orders and, as a separate transaction, makes deliveries z
to purchasers. The word "peddler" shall include the words "hawker" and "huckster." Uj
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PERSON
Includes the singular and the plural and shall also include and mean any individual, firm N
partnership, corporation, voluntary association, incorporated association, club, society or othe
organization and any officer, employee or agent thereof.
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SOLICITOR and/or CANVASSER V)
Any person who goes from place to place or house to house or stands in any street or public
place taking or offering to take orders for goods, wares or merchandise, except as hereinafte
exempted, or for services to be performed in the future or for making, manufacturing or repairinc i
any article or thing whatsoever for future delivery. o
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TRANSIENT RETAIL BUSINESS
A retail or wholesale business conducted in a temporary structure or tent; from a truck, van o
trailer on a parking lot or vacant parcel of land; on a part of a public right-of-way; or in any othe
place for a temporary period of time. Lack of a rental or leasing agreement of three months' o
more duration, sealed by monetary consideration, shall be presumptive of a temporary situation
The type of merchandise being offered for sale will have no bearing on the designation. U
§ 257-3 Registration and license required.
It shall be unlawful for any food truck operator, peddler or solicitor to sell or dispose of or to offer tc E
sell or dispose of any goods, wares or merchandise within the Town of Riverhead or to solicit or ac
as a solicitor from door to door within the Town of Riverhead without first registering with the Towr
Clerk of the Town of Riverhead as provided in this article and obtaining the license prescribed.
g. 184 Packet P „
§ 257-4 Exemptions.
A. The requirements of this article as to the payment of a license fee (but not as to registration`
shall be held not to include the following persons, who are expressly exempt from its application o5
(1) Any person honorably discharged from the United States Army, Navy, Air Force or Marin(
Corps or other components of the military forces of the United States who has served it a
any war or overseas. Any honorably discharged member of the Armed Forces of the Unite(
LO
States holding a license pursuant to Article 4 of the General Business Law must file a furthe
application with the Town Clerk for the issuance of a local license under the sam(
conditions as any other peddler. No fee shall be required of any such veteran of the Arme(
Forces of the United States, except that conveyances not owned by such a veteran shal
be licensed at the usual fee.
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(2) Persons engaged in delivering merchandise of any nature whatsoever on regular a
scheduled routes to regular customers, including specifically but not limited to person.,
delivering dairy products, bread and other merchandise over such routes, and, with respec
to persons mentioned in this subsection, they shall be exempt from all requirements of thi!
article relating to the payment of the license fee or license fees, terms and conditions.
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(3) Salesmen and/or product representatives in the business of supplying establishes 0
businesses, including but not limited to department store merchandise, pharmaceutics
supplies and other personal-use items, within the Town of Riverhead with stock an( Q
merchandise usually sold in said businesses.
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B. This article shall not apply to any of the following: CL
(1) Sales conducted pursuant to statute.
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(2) Sales conducted pursuant to the order by any court. <
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(3) Any person selling personal property or other merchandise at wholesale to dealers and/o �
retailers engaged in the business of selling such articles in a business in the Town o Q
Riverhead.
(4) The sale of meats, fish, fruits, farm produce and other agricultural commodities a:
described in § 301 of the Agriculture and Markets Law by farmers and persons who produc(
such commodities on the private property where said commodity is being sold.
2
41
(5) Persons soliciting, collecting or operating a sale on behalf of any local bona fide charitable U)
religious, patriotic or any other not-for-profit community organization, which organization is cl
represented locally by a Town resident.
J
(6) Any person selling personal property at a garage sale held at his residence.
(7) The sale of newspapers.
(8) Any merchant having an established place of business within the Town of Riverhead.
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§ 257-5 Permitted activities.
A. The following activities shall be the only activities which can be licensed pursuant to this article
F-
(1) The sale of ice cream, milk and other dairy products.
(2) The sale of goods ordinarily associated with the operation of coffee trucks, provided that a
Pac ket Pg. 185.....
10.26.b
said sale is conducted to established businesses within the Town.
(3) The sale or taking orders for future delivery of goods, produce, wares, books, magazine:
and periodicals or merchandise of any description by calls from house to house whicl
comply with the restrictions set forth in § 257-8 of this article.
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(4) The operation of one (1) Food Truck as defined herein on properties where the principaLO
°
use of the property is a restaurant, brewery, farm brewery, distillery, farm distillery, win(
tasting room, or vineyard. The siting of multiple food trucks on a single property shall requir(
the filing and approval of a special event permit pursuant to Town Code Chapter 255. M
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B. All other businesses hereinabove defined as transient retail businesses shall be illegal in th(
Town of Riverhead.
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§ 257-6 Application for license. °
Any person desiring a license under this article shall first register with the Town Clerk of the Town o J
Riverhead and shall file with said Town Clerk an application, in writing, containing the followin(
information: o
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A. The name and permanent home address of the applicant. o
B. The name, address and telephone number of the person from whom goods making up the stock ,;;
if any, were or are to be purchased.
C. The particular business, trade or occupation for which the license is required and a descriptior N
of the goods, wares or merchandise to be sold and offered for sale and/or the purpose of hi; >-
proposed canvassing or solicitation. o
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D. Copy of driver's license. <
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E. The manner or means of conveyance in which the business, trade or occupation is to b(
conducted. N
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F. All operator permit applications shall be accompanied by two unmounted, unretouche(
photographs of the applicant, showing head and shoulders, taken within 30 days of the date o o�
the application. Said photographs shall be two inches by two inches in size that meet passpor ,
requirements. U)
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G. The length of time for which the license is required and the effective date of the registration.
H. Whether or not the applicant has ever been convicted of a felony, misdemeanor or violation o .2:
any municipal ordinance, except traffic violations, and, if so, the date, court, ordinance violate(
and sentence of the court.
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I. A statement by a reputable physician, dated not more than 10 days prior to the submission o
the application, certifying the applicant to be free of contagious infections or contagious
diseases.
J. When the application form has been completed, the applicant shall appear at the Riverhea(
Town Police Department, or a New York State Division of Criminal Justice Services' approve(
vendor, to be fingerprinted as provided in the form and manner prescribed by the Division o E
Criminal Justice Services for such fingerprint search. Prior to the fingerprinting, the Town Clerl
shall secure from the applicant the required fee for a criminal history record check in the form o
a check or money order made payable, as required, to the New York State Division of Criminal
g. 186 Packet P.......,,,,.
10.26.b
Justice Services to be forwarded to the Division with such fingerprints. Any fee for fingerprinting
charged by the Department or vendor is in addition to the fees required to be paid to the Towr
Clerk. The Chief of Police of the Riverhead Town Police Department or his/her designee(s) shal
review all information provided by New York State Division of Criminal Justice Services it
connection with the applicant's criminal background and investigation. If a prospective applican
for any of the aforementioned licenses has been convicted of a crime, any decision regardinc ,
such prospective applicant's fitness for a license will be made upon consideration of New Yorl
LO
State Correction Law §§ 701 through 703-b and §§ 751 through 753.
K. If the application is for a license to handle food in any form, the Town Clerk shall not issue the
license until there has been submitted evidence that the applicant has complied with the
provisions of the Suffolk County Public Health Ordinance.
E
L. If the application is for the operation of a food truck the applicant is also required to comply witf• 0
all provision of Chapter 231 of the Riverhead Town Code.
§ 257-7 Fees.
A. The license fee payable by each peddler for each unit, truck or any conveyance carrying ware( �
shall be as follows: U)
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(1) Per year: $100. <
(2) Per six months: $75.
(3) Per three months: $50.
B. The license fee for each solicitor or canvasser going from house to house shall be as follows: no
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(1) Per year: $75. Z
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(2) Per six months: $50. C�
(3) Per three months: $25.
C. Accredited representatives of any charitable, educational, fraternal or religious organization o o�
corporation not having its office in the Town of Riverhead shall not be required to pay a fee bu
shall otherwise file the information required by § 257-6 herein. y
D. Any person honorably discharged from the United States Army, Navy, Air Force or Marine Corp; u)
or other components of the military forces of the United States as described in § 257-4 hereit cI
shall not be required to pay a fee but shall otherwise file the information required by this article .a
§ 257-8 Restrictions.
A. A hawker, peddler or solicitor shall: cy
CZ
M Not engage in such business at any time between the hours of 8:00 p.m. and 9:00 a.m.
Not willfully misstate the quantity or quality of any article offered for sale.
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Not offer for sale any unwholesome, tainted, deleterious or diseased provisions o
merchandise.
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Keep the vehicles and receptacles used by him in a clean and sanitary condition and theru
foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects. <
Packet Pg. 187
10.26.b
Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorDell,
by shouting or crying out or by any loud or unusual noise or sound reproduction device, aF
those terms are described in Chapter 251, Article I, Noise, of the Code of the Town o .5
Riverhead.
Not peddle or solicit in any congested place or area when or where such activity may impede a
endanger or inconvenience the public or add to the congestion of such place or area. For the
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purposes of this subsection, the judgment of any peace officer, Code Enforcement Officer o N
the Town of Riverhead or police officer, exercised in good faith, shall be deemed conclusivE .'
as to the existence of congestions and as to whether the public is impeded, endangered o
inconvenienced.
Not peddle or solicit at or within a one-thousand-foot radius of any municipal park, beach E
marina or other Town-owned or -maintained recreational facility unless specifically a
authorized by the Town Board to peddle his wares by concession, lease or otherwise.
M
Not stand or permit the vehicles used by him to stand in one place in any public place o
street or within 1,500 feet from the previous site for more than 10 minutes or in front of or or
any premises at any time. V)
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Not create or maintain any booth or stand or place any barrels, boxes, crates or othe _
obstructions upon any street or public place for the purpose of selling or exposing for salE
any goods, wares or merchandise. C)
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Not engage in such business within 500 feet of any school between the hours of 7:00 a.m
and 4:00 p.m. on school days.
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Not engage in such business within 1,500 feet of any public market or store engaged in the 0
business of selling the same goods, wares and merchandise offered by the licensee. u
1
Not sell or peddle prepared foods of any kind, including ice cream, confectionery, beverages Ui
prepackaged snack foods, hot dogs, hamburgers or other sandwiches, on any Town beacl o
upon which is located a concession stand operated under an agreement with the Town or or
any parking area adjacent thereto.
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B. A Food Truck:
M Shall not operate between the hours of 9:00 pm and 5:00 am
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Shall be located a minimum of 500 feet from the main entrance to any eating establishmen
or similar food service business, 500 feet from any outdoor dining area as measured fron
the designated location on the lot accommodating the food truck unless such eatinc
establishment is owned or operated by the Food Truck Operator.
Shall not operate on public rights-of-way or in locations designated as municipal parking
unless expressly permitted by the Town Board.
W
Shall not operate at a municipal park, beach, marina or other Town-owned or -maintainer U
recreational facility unless specifically authorized by the Town Board to operate said fooc D
truck by concession, lease or otherwise.
E
That is participating in a Chapter 255 Special Event that has been approved by the Towr U
Board, or is participating in other town sponsored or co-sponsored events are exempt fron
the restrictions contained in Subsection B(2) and (3) above.
Packet Pg. 188
10.26.b
Operator must have permission of property owner to operate from the site and grouna signs
shall be prohibited.
06
Shall be parked on improved surfaces that provide adequate room for customers and thei
vehicles.
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Shall not be parked in required parking stall that causes principal use to be below minimun
required parking by Town Code.
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§ 257-9 Issuance of license.
A. The license shall be issued on the forms drawn in accordance with this article. They shall be v
consecutively numbered and shall contain spaces for the insertion of the name, location of the
business, tax identification number or social security number and amount of fee paid. E
B. There shall be kept in the office of the Town Clerk the necessary books for recording the tim(
the application was received, showing whether it is an application for a new or renewal license
the name of the license, the date of approval by the Town Clerk, the amount of fee receive(
therefor and the date when the license was issued. J
C. Every person holding a license under this article shall be required to have in his possession the o
license at all times while actually engaged in peddling. a
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§ 257-10 Revocation or suspension of license. a
A license may be suspended or revoked by the Town Clerk or the Chief of Police by reason o N
violation of the terms of the license, the violation of any Town ordinance pursuant to § 135 of the v
Town Law or state or federal statute or falsification or fraud in applying for the license. The license( >-
person may, upon making application to the Town Clerk, in writing, request a hearing by the Towr no-
Board upon the revocation or suspension of the aforesaid license.
§ 257-11 Penalties for offenses.
Any person required by this article to procure a license who violates its terms or who violates any o
the provisions of this article shall, upon conviction thereof, forfeit and pay not less than $500 no N
more than $2,500 for the first offense and no less than $1,000 nor more than $5,000 for the secon(
or any subsequent offense.
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Office
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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 6, 2024
#17- Resolution # 706—Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE LI
WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS
Sincerely,
James M. Wooten
JMW:cd
West Second Street— Riverhead, New York 11 1— (631)727-3200 Ext. 26
'41
Office of the Town Clerk,
James A Wooten, Town Clerk,
Registrar-of Vital Statistics Records Management,-Officer ma rriage Officer
August 8, 2024
Honorable Town Clerk:
Your re on to his letter will acknowledge receipt of the,attached,resolution
adopted,b F�v
t 'v rh d Town Board. Kindly please sigh and,email back to the
y re
. . .
114. ... , 'I
Riverhead: r m es Wooten at toWridle�kca-toWnofrivethegnv.qQv.
Signature: Date:
'9
Regular To /Board Meeting August 6, 2:00 PM
ENCLOSED HEREWITH please find.the following resolution which was r adopted by the
Riverhead Town Booed at a Regular Town Board meeting,on August 6, 2024
-#17- Resolution #706—Adopted 8/06/2024
ADOPTS A.LOCAL LAW TO' AM EN D CHAPTER 301 ZONING AND LAND
DEVELOPME.NT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE LI
WIRELESS.COM M UNICATIONS TOWERS AND ANTENNAS
Sincerely,
James,M. Wooten
Town Clerk
JW:cd
4 West Second Street—Riveehead, New York 111001—(631)717-3200 Ext. 260
t � �
ry
'PhM 1iPW()fPiR1AS nA,ppyµfSUM ^
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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, James Wooten at town clerk a(7townofriverheadny.q ov.
Signature: Date:
Regular Town Board Meeting August 6, 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 6, 2024
#17- Resolution # 706—Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE LI
WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS
Sincerely,
James M. Wooten
Town Clerk
JW:cd
West Second Street— Riverhead, New York 1`I90'1— (631)727-3200 Ext. 260
10.27
08.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-706
ADOPTS LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 3 SUPPLEMENTARY REGULATIONS, ARTICLE LI
WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS
Councilman Kern offered the following resolution,
which was seconded by Councilwoman Merrifield
WHEREAS,the Town Clerk was authorized to publish and post a public notice to consider a
local law to Amend Chapter 301 Zoning and Land Development, Part 3 Supplementary Regulations,
Article LI Wireless Communications Towers and Antennas of the Code of the Town of Riverhead
("Riverhead Town Code");and
WHEREAS, a public hearing was held on the 2nd day of July 2024 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; and
WHEREAS, by letter dated June 27, 2024 the Suffolk County Planning
Commission (SCPC) provided the following comments concerning proposed local law:
"Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination as there is no apparent significant county-wide or
inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval," and
WHEREAS, the Adoption of the subject Local law is an Unlisted Action pursuant
to SEQRA, with coordinated review being optional and not recommended.
WHEREAS, Planning Department Staff, on behalf of the Riverhead Town Board
has prepared part 1 the Full Environmental Assessment Form (FEAF) dated June 5,
2024 and part 2 and part 3 of the SEAF dated August 6, 2024; and
NOW, THEREFORE BE IT RESOLVED, that the Riverhead Town Board hereby
classifies the Local Law to Amend Chapter 301 Zoning and Land Development, Part 3
Supplementary Regulations, Article LI Wireless Communications Towers and Antennas
of the Code of the Town of Riverhead ("Riverhead Town Code"); as an Unlisted Action
pursuant to SEQRA, and assumes Lead Agency, without coordinated review; and be it
further,
RESOLVED, that the Riverhead Town Board hereby issues a Negative
Declaration pursuant to SEQRA, for the Local Law to Amend Chapter 301 Zoning and
Land Development, Part 3 Supplementary Regulations, Article LI Wireless
Packet Pg. 190
Communications Towers and Antennas of the Code of the Town of Riverhead 10.27
("Riverhead Town Code"); as the proposed action is not likely to result in any significant
adverse environmental impacts; and be it further,
RESOLVED, that the local law to Amend Chapter 301 Zoning and Land
Development, Part 3 Supplementary Regulations, Article LI Wireless Communications
Towers and Antennas 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 Planning Department, the Office of the Town Attorney, the Building
Department, Code Enforcement and the Fire Marshal's Office; 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: Robert Kern, Councilman
SECONDER: Denise Merrifield, Councilwoman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 191
10.27.a
Article LI
Wireless Communications Towers, Antennas and Satellite Earth Stations
§ 301-273 Purpose. o
In recognition of advancing technology and the increasing demand for the installation of wireles
communications tower(s) and/or facilities as well as satellite earth stations within the Town, the Town Boar( OF
of the Town of Riverhead hereby determines that it is in the public interest to specifically regulate the siting
and installation of such facilities within the Town in order to protect the public health, safety and welfare. Thi ;
purpose of this article is to establish standards for the siting of wireless communications towers, antennas ail(
satellite earth stations in order to protect residential areas and land uses from potential adverse impacts o 0
towers, antennas and satellite earth stations; encourage the location of towers and satellite earth stations if Fl
nonresidential areas; minimize the total number of towers and satellite earth stations throughout the Town >-
encourage the joint use of new and existing tower sites as a primary option rather than construction of additiona 0
single-use towers; encourage users of towers, antennas and satellite earth stations to locate them, to the exten z
possible, in areas where the adverse impact on the surrounding community is minimal; encourage users o w
towers, antennas and satellite earth stations to configure them in a way that minimizes the adverse visua
impacts of the towers, antennas and satellite earth stations through careful design, siting, landscape screeninl
and innovative camouflaging techniques; enhance the ability of the providers of telecommunications am .a
satellite communication services to provide such services to the community quickly,effectively and efficiently '
consider the impacts upon the public health and safety of communications towers and satellite earth stations Z
and avoid potential damage to adjacent and/or nearby properties from tower or satellite earth station failure
through appropriate engineering and careful siting of tower structures and/or facilities and/or satellite eartl a)
stations. In furtherance of the aforementioned objectives, the Town Board shall give due consideration to thi
Town's Comprehensive Plan, existing land uses and development and environmentally sensitive areas, an( c
other appropriate factors in approving sites for the location of towers antennas and/or facilities and/or satellite .0
earth stations. These standards are not intended to prohibit or have the effect of prohibiting the provision o
personal wireless services, or communication via satellite transmission, nor shall they be used to unreasonabl,
discriminate among providers of functionally equivalent services consistent with current federal regulations. Mi
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§ 301-274 Permit required; applicability.
A. No telecommunications tower or satellite earth station shall hereafter be used, erected, moved
reconstructed, changed, altered or modified to serve as a telecommunications tower or satellite eartl
station without the issuance of a special use permit(s) by the Town Board in conformity with the c
requirements of this article.
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B. Towers shall be permitted by special permit only in the following zoning use districts: APZ, PIP, PRP 10
RFC, DRC, SC, BC, CRC, Ind A, Ind C, RLC, and TRC, but shall not be permitted in whole or in part of o
any property used for residential purposes.
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C. Satellite earth stations shall by permitted by special permit only in the IND A, IND C, PIP and PD Zoninl
use districts, and shall not be permitted in whole or in part on any property used for residential purposes E
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D New towers, antennas and satellite earth stations. All new towers, antennas and satellite earth stations if
the Town shall be subject to these regulations, except as otherwise provided hereinbelow.
E. Exceptions. The requirements set forth in this article shall not be applicable to:
0
(1) Amateur radio operators' antennas and/or towers not exceeding 50 feet in height, which are owner E
and operated by a federally licensed amateur radio operator and which are located upon property tha
is the principal place of business or primary residence of the amateur radio operator. <
1 Packet Pg. 193
10,27.a
(2) Preexisting towers or antennas.
(3) Residential satellite earth stations less than or equal to two (2) meters in diameter
§ 301-275 General requirements. J
A. Principal and accessory use. Antennas, towers and satellite earth stations may be considered eithe J
principal or accessory uses.
B. Lot size. For purposes of determining whether the installation of a tower or antenna or satellite eartl
station complies with zoning district regulations, the entire lot shall control, even though the antennas o ;
towers or satellite earth stations may be located on leased parcels within such lots.
C. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Town Boar(
an inventory of its existing towers, antennas or sites approved for towers or antennas that are either withii >-
the jurisdiction of the Town or within one mile of the border thereof, including specific information abou no
the location, height and design of each tower. The Town Board may share such information with othe U
applicants applying for administrative approvals or special use permits under this section or othe <
organizations seeking to locate antennas within the jurisdiction of the Town. The Town Board, by sharing v
such information, shall not be deemed to be in any way representing or warranting that such sites ar( (,i
available or suitable. a
D. Aesthetic requirements. All towers, antennas and satellite earth stations shall comply with the following In
requirements:
w
(1) Towers and satellite earth stations shall be a neutral color so as to reduce visual obtrusiveness.
(2) At a tower or satellite earth station site, the design of the buildings and related structures shall, to th( •1
extent practicable, use materials, colors, textures, screening and landscaping that will blend then
into the natural setting and surrounding buildings.
N
(3) If an antenna or satellite earth station is installed on a structure other than a tower, the antenna an( Zi
supporting electrical and mechanical equipment must be of a neutral color that is identical to o
closely compatible with the color of the supporting structure so as to make the antenna and relate(
equipment as visually unobtrusive as practicable.
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(4) Lighting. Towers or satellite earth station shall not be artificially lighted, unless required by the FA/
or other applicable authority. If required, the lighting shall be designed to minimize to the maximun 0"
extent practicable the resultant disturbance to the surrounding views and properties.
i0
E. Signs.No signs shall be permitted on an antenna or tower or satellite earth station.
0
F. Multiple antenna/tower plan. Users of towers and/or antennas submitting a single application for thi .0
approval of multiple towers and/or antenna sites shall be given priority status in the review process. E
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§ 301-276 Permitted uses; determination by Building Department; appeals. o
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A. Permitted uses. The following uses are deemed to be permitted uses and shall require a building permit
electrical permit, and Fire Marshal construction permit but shall not be subject to site plan approval orID
special use permit:
(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 leas(
authorizing such antenna which shall be approved by the Town Board,and provided that such tower; um
tf
or antennas comply with the written regulations promulgated by the Town Board. i
2 Packet Pg. 194
10 2LTa
(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 to
the requirements of this section and article.
(3) The location of additional new antennas on existing towers, so long as the same are in complianc( �
with the following: o
(a) A tower which is modified or reconstructed to accommodate the co-location of an additions o
antenna shall be of the same tower type as the existing tower, unless the Building Department
in its discretion, shall permit reconstruction as a monopole.
0
(b) Height. An existing tower may be modified or rebuilt with no additional separation to a greate ,"
height over the tower's existing height, in order to accommodate the co-location of a singly
additional antenna.
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B. Information required for applications for approval by the Building Department: o
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(1) All information required under Chapter 217, Buildings, Building Construction and Improvement
and Housing Standards, Parts I and 2, of the Code of the Town of Riverhead. U
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(2) An application form as approved by the Building Department. °
(3) Mount analysis report, structural analysis report, and RF-EME compliance report prepared by ;
licensed design professional.
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C. The Building Department shall make a final determination to grant, grant with modifications and/o
conditions and/or covenants or deny the application submitted pursuant to this section. c
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D. The Zoning Officer within the Building Department may, in making said determination: Vr
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(1) Permit the reconstruction of any existing tower to monopole construction to encourage the use o E
monopoles.
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(2) At his/her sole discretion, refer any application to the Zoning Board of Appeals.
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E. Upon a final determination by the Zoning Officer within the Building Department to deny, modify and/o
impose conditions and/or covenants upon an application, the applicant may appeal to the Zoning Boar(
of Appeals within 60 days of the final determination.
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§ 301-277 Uses subject to special permits; requirements.
A. Unless otherwise permitted by this article, the construction of new communications towers and/or th( .o
installation of antennas, or the construction/installation of satellite earth stations shall be permitted upoicu
the issuance of a special permit by the Town Board, subject to the following:
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(1) Applications for special use permits under this section shall be subject to the provisions of§ 301-_ o
of this chapter as specifically set forth therein under "special permits," except as otherwise modifie( )
in this article.
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(2) A certification, by an engineer licensed by the State of New York,that the towers/antennas or satellite �
earth stations meet or exceed current standard regulations of the FAA, the FCC and any other stat( '
or federal agency having authority to regulate towers or antennas or satellite earth stations. An,
information of an engineering nature that the applicant submits, whether civil, mechanical o U
electrical, shall be certified by a New York State licensed professional engineer.
(3) A nonrefundable fee of$1500.
3 Packet Pg. 195
10.27.a
B. Special permit requirements for towers/antennas.
(1) Information required. Applications for a special use permit for a tower shall include the following:
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(a) A scaled site plan which meets all the requirements of Article LVI, Site Plan Review, §§ 301 F
302 through 301-307, of this chapter. a
(b) Setback distance between the proposed tower and: o
[1] Each property line.
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[2] Any existing residential dwelling(s) located on the same parcel or any adjoining parcels.
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[3] The property line of any parcel that is located in a zoning district that permits a residentia
use that is within 2,500 feet of the subject parcel. a
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[4] All other structures located on the same property or any adjoining parcels.
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[5] Any existing tower(s) within 25,000 feet. C)
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(c) Separation distance(s) from other towers described in the inventory of existing sites submitte( .o
with the application shall be shown on an updated site plan or map, identification of the type o 21
construction of the existing tower(s) and the owner/operator of any existing tower(s), if known
(d) A written description of the application's compliance with all applicable requirements of thi;
article and with all applicable federal, state and local laws. a
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(e) A notarized statement by the applicant as to whether construction of the tower wil .0
accommodate co-location of additional antennas for future users. U)
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(f) A description of the suitability of existing towers and/or other structures and/or alternativ( E
technology, and the services contemplated for the use of the proposed tower.
(g) All information required for a special use permit in § 301-3 of this chapter.
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(2) Standards for consideration.
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(a) The Town Board shall consider the following factors in determining whether to issue a specia
use permit, in addition to the standards for consideration of special use permit applications se o
forth in § 301-3 of this chapter: �—
_
[1] The lie ight of the proposed tower.
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[2] The proximity of the tower to residential structures and residential district boundaries.
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[3] The nature of existing and/or proposed uses on adjacent and nearby properties. �°
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[4] The site and/or surrounding topography.
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[5] The surrounding tree coverage and foliage.
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[6] The design of the tower, with particular reference to design characteristics that have th( E
effect of reducing or eliminating visual obtrusiveness.
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[7] The proposed ingress and egress.
4 Packet Pg. 196
10.27.a
[8] The availability of suitable existing towers, other structures or alternative technologies no
requiring the use of new towers and/or structures.
(b) The Board may waive or reduce the burden on the applicant of one or more of these criteria i
it concludes the goals of this article are better served thereby.
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(3) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction o N
the Town Board that no existing tower, structure or alternative technology not requiring the o
construction/alteration of new towers or structures can accommodate the applicant's propose(
antenna. An applicant shall submit any information requested by the Town Board related to thi
availability of suitable existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative technology car C"�41
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accommodate the applicant's proposed antenna may consist of any or all of the following:
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(a) That no suitable (as to height and structural strength)towers or structures are located within thi p
geographic area which meet the applicant's engineering requirements, or that the applicant'; 0
proposed antenna would cause electromagnetic interference with the antenna on the existing w
towers or structures, or the antenna on the existing towers or structures would cause interference —(
with the applicant's proposed antenna and/or that there are other limiting factors that rende 0i
existing towers and structures unsuitable. o
(b) That the costs or contractual provisions required by the owner in order to share an existing towe
or structure or to adapt an existing tower or structure for sharing are unreasonable. Cost;
exceeding new tower development are presumed to be unreasonable.
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(c) The applicant demonstrates that an alternative technology that does not require the use of tower; U
or structures, such as a cable microcell network using multiple low-powere( .�
transmitter/receivers attached to a wireline system, is unsuitable. Costs of alternative technolog, 0
that exceed new tower or antenna development shall not be presumed to render the technolog,
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unsuitable. E
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(4) Setbacks. The following setback requirements shall apply to all towers for which a special use permi
is required:
(a) Towers shall be set back a distance equal to at least 100% of the height of the tower from am
adjoining lot line.
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(b) Accessory buildings shall satisfy the minimum zoning district setback requirements in th( o
zoning district where the tower or antenna is proposed. o-
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(5) Separation. The following separation requirements shall apply to all towers for which a special use 2
permit is required; provided, however, that the Town Board may reduce the standard separatioi .
requirements if the goals of this article would be better served thereby:
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(a) Separation between towers. Separation distances between towers shall be applicable to an( v
measured between the proposed tower and preexisting towers; separation distances shall b( N
measured by drawing or following a straight line between the base of the existing tower and th(
proposed base, pursuant to a site plan for the proposed tower. The separation distances betweei
towers shall be 25,000 linear feet.
(6) Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height an( E
shall be equipped with appropriate anti-climbing devices; provided, however, that the Town Boar(
may waive such requirements as it deems appropriate. <
5 Packet Pg. 197
10.27.a
(7) Landscaping.The following requirements shall govern the landscaping surrounding towers torwnicli
a special use permit is required; provided, however, that the Town Board may waive such
requirements if the goals of this article would be better served thereby:
(a) Tower facilities shall be landscaped utilizing a buffer of plant materials that effectively screen, F
the view of the tower compound from residential property. Deciduous or evergreen tree OU
plantings may be required. The standard buffer shall consist of at least one row of native mixes
evergreen shrubs or trees capable of forming a contiguous hedge at least eight feet in height o
which shall be provided to effectively screen the tower base and accessory facilities. In the cas(
of poor soil conditions,planting shall be required on topsoil berms to assure plant survival.Plan
height in these cases shall include the height of any berm. [Amended 6-7-2016 by L.L. No. 18 '
2016] N
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(b) In locations where the visual impact of the tower would be minimal, the landscaping >-
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requirement may be reduced or waived by the Town Board. p
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(c) Existing mature tree growth and natural land forms on the site shall be preserved to thl w
maximum extent possible. In some cases where such towers are sited on large, wooded lots U
natural growth around the property perimeter may be sufficient buffer.
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C. Special permit requirements for satellite earth stations.
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(1) Information required. Applications for a special use permit for a satellite earth station shall include f
the following: ,M
(a) A scaled site plan which meets all the requirements of Article LVI, Site Plan Review, §§ 301 U
302 through 301-307, of this chapter.
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(b) Setback distance between the proposed satellite earth station and:
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[1] Each property line. i
[2] Any existing residential dwelling(s) located on the same parcel or any adjoining parcels.
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[3] The property line of any parcel that is located in a zoning district that permits a residentia c
use that is within 2,500 feet of the subject parcel.
[4] All other structures and uses located on the same property or any adjoining parcels.
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(c) A written description of the application's compliance with all applicable requirements of thi; cur
article and with all applicable federal, state and local laws. o
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(g) All information required for a special use permit in § 301-3 of this chapter.
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(2) Standards for consideration. o
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(a) The Town Board shall consider the following factors in determining whether to issue a specia )
use permit, in addition to the standards for consideration of special use permit applications se
forth in § 301-3 of this chapter:
[1] The proximity of the satellite earth station to residential structures and residential distric
boundaries.
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[2] The nature of existing and/or proposed uses on adjacent and nearby properties. <
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10.27.a
[3] The site and/or surrounding topography.
[4] The surrounding tree coverage and foliage.
[5] The design of the satellite earth station with particular reference to design characteristic
that have the effect of reducing or eliminating visual obtrusiveness. o
1
[6] The proposed ingress and egress. o
[7] The availability of suitable existing satellite earth stations, other structures or alternativ(
technologies not requiring the use of new satellite earth stations. o
(b) The Board may waive or reduce the burden on the applicant of one or more of these criteria i o
it concludes the goals of this article are better served thereby.
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(3) No new satellite earth station shall be permitted unless the applicant demonstrates to the reasonabl( o
satisfaction of the Town Board that no existing satellite earth station, structure or alternativ( Z
technology not requiring the construction/alteration of a satellite earth station or structures cal LU
accommodate the applicant's proposed satellite earth station. An applicant shall submit an, c7i
information requested by the Town Board related to the availability of suitable existing satellite eartl
stations, other structures or alternative technology. Evidence submitted to demonstrate that nc
existing satellite earth station structure or alternative technology can accommodate the applicant's u7
proposed satellite earth station may consist of any or all of the following:
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(a) The applicant demonstrates that an alternative technology that does not require the use o
satellite earth stations, is unsuitable. Costs of alternative technology that exceed new satellite 2
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earth station development shall not be presumed to render the technology unsuitable. a
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(4) Setbacks. The following setback requirements shall apply to all towers for which a special use permi -a
is required: u
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(a) Satellite earth stations shall satisfy the minimum zoning district setback requirements fo �I
principal structures in the zoning district where the satellite earth station is proposed.
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(b) Accessory buildings shall satisfy the minimum zoning district setback requirements in th( <C
zoning district where the satellite earth station is proposed. If no accessory setback is indicated TO:
accessory structures shall meet the principal building setback.
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(6) Security fencing. Satellite earth stations shall be enclosed by security fencing not less than eight fee r
in height and shall be equipped with appropriate anti-climbing devices; provided, however, that thi c
Town Board may waive such requirements as it deems appropriate. o
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(7) Landscaping. The following requirements shall govern the landscaping surrounding satellite eartl
stations for which a special use permit is required; provided, however, that the Town Board ma; E
waive such requirements if the goals of this article would be better served thereby: o
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(a) Satellite Earth Stations shall be landscaped utilizing a buffer of plant materials that effectivell U)
screens the view of the satellite earth station compound from adjacent properties and rights o
way. Deciduous or evergreen tree plantings may be required. The standard buffer shall consis
of at least one row of native mixed evergreen shrubs or trees capable of forming a contiguous a
hedge at least eight feet in height, which shall be provided to effectively screen the satellite E
earth station and accessory facilities. In the case of poor soil conditions, planting shall bi
required on topsoil berms to assure plant survival. Plant height in these cases shall include this
height of any berm.
7 Packet Pg. 1,99
10.27.a
(b) In locations where the visual impact of the satellite earth station would be minimal, Me
landscaping requirement may be reduced or waived by the Town Board.
(c) Existing mature tree growth and natural land forms on the site shall be preserved to th(
maximum extent possible. In some cases where such satellite earth stations are sited on large F,
wooded lots, natural growth around the property perimeter may be sufficient buffer. 0
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§ 301-278 Site plan application. 0-
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An applicant must submit a site plan application to the Planning Department pursuant to the requirements o
Article LVI, Site Plan Review, §§ 301-302 through 301-307, of this chapter.
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§ 301-279 Removal of abandoned antennas and towers.
Any antenna, tower or satellite earth station that is not operated for a continuous period of 12 months shall bi _
deemed abandoned. The owner of such antenna, tower or satellite earth station shall remove the same withii >-
90 days of receipt of notice from the Town notifying the owner of such abandonment. Failure to remove ai no
abandoned antenna, tower or satellite earth station within said 90 days shall be grounds to remove the tower C)
antenna or satellite earth station at the owner's expense. In the event that two or more entities are using a single w
tower or satellite earth station then this provision shall not apply unless all uses cease with respect to sucl U
tower or satellite earth station.
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§ 301-280 Nonconforming uses. CU
Preexisting towers shall be permitted as they presently exist. Routine maintenance(including replacement witl
a new tower of like construction and height) shall be permitted on such preexisting towers. New constructioi s
other than routine maintenance of a preexisting tower shall comply with the requirements of this chapter.
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead, adopted U
a Local Law to Amend Chapter 301 Zoning and Land Development, Part 3 Supplementary
Regulations, Article LI Wireless Communications Towers and Antennas. The intent of the a
proposed legislation is to include regulations for Satellite Earth Stations.
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, 4 W 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.townofriverlieadnV.gov under the Agenda and Minutes for the August 6, 2024 Town
Board Meeting.
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Dated: Riverhead, New York
August 6, 2024
BY ORDER OF THE TOWN BOARD o
OF THE TOWN OF RIVERHEAD
JAMES M. WOOTEN, TOWN CLERK a
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Office
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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 6, 2024
#18- Resolution # 707—Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 1 GENERAL PROVISIONS, ARTICLE I TITLE, PURPOSE,
DEFINITIONS AND INTERPRETATION, §301-3 (B) DEFINITIONS; WORD
USAGE
Sincerely,
James M. Wooten
JMW:cd
West Second Street-, Riverhead, New York 1 01— (631)727"-3200 Ext. 260
Office ofthe Town Clerk
James.M. Wooten, Town Clerk
:Re&traeofVitAl Statistics Records Kanagement Officer Marriage Officer-
August.8, 2024
Honorable Town Cl
Your resp. nse o this 1.,/++er:will acknowledge receipt of the attached resolution
adopted by the ere, e T wn'Board. Kindly please.sign and email back to the
1
Riverhead Tow N a e ooten at towholerk -townofriVerheadhy.gov.
Signature: Date:, 9/ 0�
V
Regular Town Board Meeting August,6,,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 6, 2024
#18- Resolution #707—Adopted 8.06/2024
ADOPTS:A LOCAL LAW TOAMEND-CHA_PTEk'301 ZONING AND LAND
DEVELOPMENT, PART 1 GENERAL PROVISIONS; ARTICLE I TITLE,.
PURPOSE, DEFINITIONS AND INTERPRETATION, §301=3-(B).DEFINITIONS;
WORD USAGE
Sincerely,
Jam,es .M. Wooten,
Town Clerk
J,W.,cd
4 West'Second Street' Riiverheaid, .New York 11001—(6311)727-3200 Ext.260
'iAn`irrnournir',r nepoUeefwrn r',
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 8, 2024
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, James Wooten at town cle rk(a)_town ofriverh ead ny.g ov.
Signature: Date:
Regular Town Board Meeting August 6, 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 6, 2024
#18- Resolution # 707 —Adopted 8/06/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 1 GENERAL PROVISIONS, ARTICLE I TITLE,
PURPOSE, DEFINITIONS AND INTERPRETATION, §301-3 (B) DEFINITIONS;
WORD USAGE
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street— Riverhead, New York 11 S 1-- (6 1)727-3200 Ext. 260
10.28
08.06.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-707
ADOPTS LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND
DEVELOPMENT, PART 1 GENERAL PROVISIONS, ARTICLE I TITLE, PURPOSE,
DEFINITIONS AND INTERPRETATION, §301-3 (B) DEFINITIONS; WORD USAGE
Councilwoman Merrifield offered the following resolution,
which was seconded by Councilwoman Waski
WHEREAS,the Town Clerk was authorized to publish and post a public notice to consider a
local law to Amend Chapter 301 Zoning and Land Development, Part 1 General Provisions,Article I
Title, Purpose, Definitions and Interpretation, §301-3 (B) Definitions; Word Usage, of the Code of the
Town of Riverhead("Riverhead Town Code");and
WHEREAS, a public hearing was held on the 2nd day of July 2024 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; and
WHEREAS, by letter dated June 27, 2024 the Suffolk County Planning
Commission (SCPC) provided the following comments concerning proposed local law:
"Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination as there is no apparent significant county-wide or
inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval," and
WHEREAS, the Adoption of the subject Local law is an Unlisted Action pursuant
to SEQRA, with coordinated review being optional and not recommended.
WHEREAS, Planning Department Staff, on behalf of the Riverhead Town Board
has prepared part 1 the Short Environmental Assessment Form (SEAF) dated June 5,
2024 and part 2 and part 3 of the SEAF dated August 6, 2024; and
NOW, THEREFORE BE IT RESOLVED, that the Riverhead Town Board hereby
classifies the Local Law to Amend Chapter 301 Zoning and Land Development, Part 1
General Provisions, Article I Title, Purpose, Definitions and Interpretation, §301-3 (B)
Definitions; Word Usage, of the Code of the Town of Riverhead ("Riverhead Town
Code") as an Unlisted Action pursuant to SEQRA, and assumes Lead Agency, without
coordinated review; and be it further,
RESOLVED, that the Riverhead Town Board hereby issues a Negative
Declaration pursuant to SEQRA, for the Local Law to Amend Chapter 301 Zoning and
Land Development, Part I General Provisions, Article I Title, Purpose, Definitions and
Packet Pg.202
Interpretation, §301-3 (B) Definitions; Word Usage, of the Code of the Town of 1o.2g
Riverhead ("Riverhead Town Code") as the proposed action is not likely to result in any
significant adverse environmental impacts; and be it further,
RESOLVED, that the local law to Amend Chapter 301 Zoning and Land
Development, Part 1 General Provisions, Article I Title, Purpose, Definitions and
Interpretation, §301-3 (B) Definitions; Word Usage, 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 Planning Department, the Office of the Town Attorney, the Building
Department, Code Enforcement and the Fire Marshal's Office; 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: Denise Merrifield, Councilwoman
SECONDER: Joann Waski, Councilwoman
AYES: Hubbard,Rothwell, Kern, Merrifield, Waski
Packet Pg.203
10.28.a
Article I Title, Purpose, Definition and Interpretation
L
§ 301-3 (B) Except as set fort in other articles of this chapter, as used in this chapter, certain c
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terms and words are herewith defined as follows:
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unchanged paragraphs are omitted
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SATELLITE EARTH STATION
A station and/or facility located either on the Earth's surface or within the major portion of
the Earth's atmosphere intended for communication with one or more stations of the same o
kind by means of one or more reflecting satellites or other extraterrestrial objects in space.
A satellite earth station shall include any exterior equipment exceeding one meter in 0
diameter or in width or in length used to receive direct broadcast satellite service, including <
but not limited to direct-to-home satellite service; to receive or transmit fixed wireless o
signals via satellite; to receive video-programming services via multipoint distribution
services; multichannel multipoint distribution services; instructional television fixed o
services; and local multipoint distribution services; to receive or transmit fixed wireless N
signals other than via satellite; or to receive broadcast communications signals. Such term a
shall include any mount, mast, pole or other elevating device supporting the same. o
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION
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PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead, adopted U
a local law to Amend Chapter 301 Zoning and Land Development, Part 1 General Provisions,
Article I Title, Purpose, Definitions and Interpretation, §301-3 (B) Definitions; Word Usage.
The intent of the proposed legislation is to include a definition for Satellite Earth Stations. 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, 4 W Second Street, U
Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday -i
through Friday and can be accessed on the Town of Riverhead website at: 0.
www.townofriverheadny.gov under the Agenda and Minutes for the August 6, 2024 Town
Board Meeting.
0
Dated: Riverhead, New York
August 6, 2024 0
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BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD Cl)
JAMES M. WOOTEN, TOWN CLERK
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OfficeM '
lames . Wooten, 71own Clerk
VitalRegistrar of istics Records Management r Marriage Officer
August 22, 2024
Honorable Town Clerk:
Your rasp a to is le r will acknowledge receipt of the attached resolution
adopted by the ;iverhe d T n Board. Kindly please sign and email back to the
Riverhead To nse
„ es -ten at town cl i Qownofri erh
Signature: Date:
Regular TowVBoard-Meeting August 20, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 20, 2024
#19- Resolution #727—Adopted 8/20/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 251 OF THE RIVERHEAD TOWN
CODE ENTITLED "NOISE, PUBLIC NUISANCES AND PROPERTY
MAINTENANCE" SECTION 7 THEREOF, ENTITLED "VARIANCES"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second Street i eiiirlhea ,, New York 901 ( "t)' 27. 200 Ext. 260
c:.
YA4tTFF09Ak411AlWAtFORTSWY.I.., .
Office the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 22, 2024
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 20, 2024
#20- Resolution # 728 —Adopted 8/20/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION 240
THEREOF, ENTITLED "BED-AND-BREAKFAST FACILITIES"
Sincerely,
James M. Wooten
JMW:cd
West Second Street— Riverhead, New'York t 1 1— ( 31)727-32 0 Ext. 260
s:
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MAF{i/kb5!(k,)A#15M,kbpklSSUM
Office of the Town Clerk
James M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 22, 2024
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, James Wooten at town clerk@townofrive rhead ny.q ov.
Signature: Date:
Regular Town Board Meeting August 20, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 20, 2024
#20- Resolution # 728 —Adopted 8/20/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301. OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION 240
THEREOF, ENTITLED "BED-AND-BREAKFAST FACILITIES"
Sincerely,
12 u� i1)./,A),1
James M. Wooten
Town Clerk
JW:cd
West Second Street— Riverhead, New York 1 '1— (631)727-3200 Ext. 260
12.4
08.20.2024 ADOPTED
TOWN OF RIVERHEAD
TB Resolution 2024-728
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION 240 THEREOF
ENTITLED "BED-AND-BREAKFAST FACILITIES"
Councilwoman Waski offered the following resolution,
which was seconded by Councilman Rothwell
WHEREAS, by Resolution 2024-630 adopted on July 2, 2024, 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", Section 240 thereof, entitled, "Bed-and-breakfast
facilities"; and
WHEREAS, a public hearing was held on the 6th day of August, 2024 at or about
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 action 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", Section 240
thereof, entitled, "Bed-and-breakfast facilities", 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: Joann Waski, Councilwoman
SECONDER: Kenneth Rothwell, Councilman
AYES: Hubbard, Rothwell, Kern, Merrifield, Waski
Packet Pg. 127
12.4.a
TOWN OF RIVERHEAD 0
NOTICE OF ADOPTION
J
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 Land Development", Section 240 thereof, entitled, "Bed-and-breakfast facilities". The M
intent of the proposed amendment is to clarify that bed-and-breakfast use is permitted by districts 0
specifically allowing such use or by special permit of the Town Board. co
Q
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 N
of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town N
of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for
the August 20, 2024 Town Board Meeting.
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Dated: Riverhead, New York 42
August 20, 2024
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BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
JAMES M. WOOTEN, Town Clerk m
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12.4.b
§ 301-240. Bed-and-breakfast facilities.
A. The bed-and-breakfast use shall be an accessory use to a one-family dwelling and shall be
located within the one-family dwelling in residential, commercial and agricultural zoning use LL
districts which may specifically permit bed-and breakfast facilities as a permitted use as a right V)
or byspecial permit of the Town Board.
Ca
B. The use, as permitted in each zoning 4+-a4 districts allowed and regulated under this section
shall be exclusively owner-occupied -family�dwelling. "Owner-occupied one- <
ax-&—oiie
family dwelling" shall mean a person's legal,primary residence as defined in the federal and
state tax laws, with proof of real estate ownership/title of said premises and property. CO
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n:
M0.T 41 T4xYuuEA ..MrvC.^4ff-M:
Office
of ttie Town Clerk
Jamas M. Wooten, Town Clerk
Registrar of Vital Statistics Records Management 0 r Marriage Officer
August 22, 2024
Honorable Town Clerk:
Your res ns this tter will acknowledge receipt of the attached resolution
adopted by th Riv each 0 'Board. Kindly please sign and a it b k to the
Riverhead T w rk, J es oten at o va clerk dko n friverl adnrclov,
Signature: Date:
Regular Town Board Meeting August 20, 6:00 PMr
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 20, 2024
#20- Resolution # 728—Adopted 8/20/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN
CODE ENTITLED "ZONING AND LAND DEVELOPMENT" SECTION 240
THEREOF, ENTITLED "BED-AND-BREAKFAST FACILITIES"
Sincerely,
James M. Wooten
Town Clerk
JW:cd
4 West Second i r a , New York11901— (631)727-3200 Ext. 260
k
iwti an remxaenrvner na r rvww. ;
Office of the Town e ilk
RegistrarJames Al. Wooten, Town Clerk
ital Statistics Records Management OfficeriOfficer
August 22, 2024
Honorable Town Clerk:/_"�/
Youyhe
Zr will acknowledge receipt of the attached resolution
adopted byard. Kindly please sign and email back to the
Riverhead oten at toroolerl 4ornrfriver ea n o ,
Signature: Date:
Regular Town Board Meeting August 20, 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 20, 2024
#21- Resolution #729—Adopted 8/20/2024
ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 SECTION 67 OF THE
RIVERHEAD TOWN CODE, ENTITLED "FRONT YARD PARKING RESTRICTIONS
CERTAIN AREAS"
Sincerely,
dalmo A
James M. Wooten
Town Clerk
JW:cd
4 West Second Street Riverhead, New York 190 (6 727- 200 Ext. 260