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HomeMy WebLinkAboutTOR dja ?a 'OVA fYAkQyPikiTAJ ryRPPflCNJ1V ff Office of the Town Clerk James Wooten, Town Clerk M. Registrar of Vital Statistics Records Management Officer Marriage Officer March 6, 2025 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 March 4, 2025. #2- Resolution # 235 —Adopted 3/04/2025 ADOPTS A LOCAL LAW AMENDING CHAPTER 207 OF THE RIVERHEAD TOWN CODE TITLED, "ANIMALS" Sincerely, �al,� A-Al �. James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at wont n c( t wnofi'iyer t do oy Signature: Date: West Second Street~ Riverhead, New York 119 1— (631727-3200 Ext. 260 9.26 03.04.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-235 ADOPTS A LOCAL LAW AMENDING CHAPTER 207 OF THE RIVERHEAD TOWN CODE TITLED, "ANIMALS" 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 207 of the Riverhead Town Code titled, "Animals"; and WHEREAS, a public hearing was held on the 19th day of February 2025 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; and WHEREAS, the proposed amendment is a Type 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law to amend Chapter 207 of the Riverhead Town Code titled, "Animals" 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: Robert Kern, Councilman SECONDER: Denise Merrifield, Councilwoman AYES: Kenneth Rothwell, Robert Kern, Denise Merrifield, Joann Waski ABSENT: Tim Hubbard Packet Pg. 199 9.26,a TOWN OF RIVERHEAD NOTICE OF ADOPTION o PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 207 of the Riverhead Town Code titled "Animals" at its regular meeting held on February 19, 2025. s U The intent of the proposed amendment is to remove the fees from the code and provide that such fees shall be set by Town Board Resolution. E A copy of the entire text of the adopted local law may be reviewed at the Office of a the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours 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 forthe 0 March 4, 2025 Town Board Meeting. U) 0- 0 Dated: Riverhead, New York < March 4, 2025 M N LO BY ORDER OF THE TOWN BOARD o OF THE TOWN OF RIVERHEAD 0 JAMES WOOTEN, Town Clerk v U B E ti O N i O t]. U c 0 0 b- O U O z C tU E s U ro Packet Pg.201 9,26.b Chapter 207. Animals Article I. Dogs and Domestic/Farm Animals § 207-3. Application for license. 0 A. Applications for a one-year license or a renewal thereof shall be accompanied by a nonrefundable processing fee o r established by resolution of the Town Board of the Town of Riverhead. In the case of an altered dog, a portion of the fee in the amount of$1 and, in the case of an unaltered dog, a portion of the fee in the amount of $3 shall be paid over to the agency designated pursuant to Article 7 of the Agriculture and Markets Law to be used for animal population o control efforts. An application for a license or renewal shall be in the form prescribed by the Riverhead Town Clerk and shall provide for the following minimum information: N (1) The name, residence address and telephone number of each owner; s U (2) The name, sex, approximate age, breed, color, markings and other identifying details of the dog; E (3) Whether the dog has been spayed or neutered; and < CU J (4) Such other information or documentation deemed necessary by the Town Clerk to effectuate the purpose of this article. 0 B. Rabies certification. The application for a license or renewal shall be accompanied by a a statement certified by a licensed veterinarian showing that the dog has received the rabies vaccine; or, in lieu thereof, a statement certified by a licensed veterinarian that because of the dog's age or other reason, the life of the dog would be endangered by the M administration of the vaccine. En N 0 N C. In the case of an altered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian or a sworn affidavit signed by the owner in the form acceptable to the Town Clerk showing that the dog has been spayed or neutered, except co that such certificate or affidavit is not required if same is already on file with the Town E Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified t by a licensed veterinarian stating that he or she has examined the dog and found that X because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as an altered L.L dog. o N i D. No individual under the age of 18 years shall be deemed an owner of record and be issued a dog license. U § 207-4. Issuance of license; transferability; identification tag. A. Upon validation by the Town Clerk or authorized Dog Control Officer, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such a Packet,Pg.202 9.26.b record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof. B. No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog. C. Identification tag. 0 CU (1) The Town Clerk shall assign an identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification E, tag which shall be affixed to the collar of the dog at all times, except that the tag is ry not required to be worn while the dog is participating in a dog show. In addition, all L identification tags shall name the Town of Riverhead, 200 Howell Avenue, o Riverhead, New York State 11901, and name the Town of Riverhead's main o telephone number. (2) No tag carrying an identification number shall be affixed to the collar of any dog CU other than the one to which the number has been assigned. _ (3) Any person wishing to replace a tag previously issued shall pay the sum of- established by resolution of the Town Board of the Town of Riverhead to the Town E Clerk for a replacement tag. < CU § 207-11. Redemption of impounded dogs. Ft 0 A. Unidentified dogs. Each dog which is not identified, whether or not licensed, shall be M held for a period of five days from the day seized. a 0 (1) During the first five days the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified M pursuant to the provisions of Article 7 of the New York State Agriculture and N Markets Law, as well as the impoundment fees established by resolution of the Town Board of the Town of Riverhead. N person. E hTee ar—part t#ereef fer—the sesoRGI RG-I.M.eAt I.v+thiR GRe year of the first he6im er part theFeef for the third and subsequeRt iMPGURdmeRtS within one year 0 cv 3 a * Underline represents addition(s) * Overstrike represents deletion(s) U Q Packet Pg.203 s • 'PAX 11 PRgSy@IIgS�p P�p{SAUM1I Wooten,Office of the Town Clerk James M. Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer March 6, 2025 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 March 4, 2025. #4- Resolution # 237—Adopted 3/04/2025 ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN CODE TITLED, "ZONING AND LAND DEVEOPMENT §301-229. YARD SALES, ATTIC SALES, GARAGE SALES AND AUCTION SALES" Sincerely, 4— James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at wooten(@townofrivei,headny.gov Signature: Date: West Second Street— Riverhead, New York 1901— ( 3 )727-3 0 Ext. 260 9.28 03.04.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-237 ADOPTS A LOCAL LAW AMENDING CHAPTER 301 OF THE RIVERHEAD TOWN CODE TITLED, "ZONING AND LAND DEVELOPMENT §301-229. YARD SALES, ATTIC SALES, GARAGE SALES AND AUCTION SALES" 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 titled, "Zoning and Land Development"; and WHEREAS, a public hearing was held on the 1 gth day of February 2025 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; and WHEREAS, the proposed amendment is a Type II action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law to amend Chapter 301 of the Riverhead Town Code titled, "Zoning and Land Development" 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: Kenneth Rothwell, Robert Kern, Denise Merrifield, Joann Waski ABSENT: Tim Hubbard Packet Pg.208 9.28.a TOWN OF RIVERHEAD NOTICE OF ADOPTION E L ca 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 titled "ZONING AND LAND M DEVELOPMENT §301-229. YARD SALES, ATTIC SALES, GARAGE SALES AND AUCTION SALES" at its regular meeting held on February 19, 2025. U The intent of the proposed amendment is to remove the fees from the code and provide that such fees shall be set by Town Board Resolution. 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 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 March 4, 2025 Town Board Meeting. N d Dated: Riverhead, New York March 4, 2025 M N Cq BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD 0 JAMES WOOTEN, Town Clerk N w- Q1 Ri U) L e- O M L CL R1 U 0 Q 0 a 0 z c E U f� Packet Pg.210 9.28.b Chapter 301. Zoning and Land Development Part 3. Supplementary Regulations Article XLV. Supplementary Use Regulations § 301-229. Yard sales, attic sales, garage sales and auction sales. U- B. cn Registration; fee. (1) Prior to any operator holding such sales within any calendar year, such operator M must register the dates and location with the Town of Riverhead. CL M (2) A registration form shall be obtained therefor from the Town Clerk. U c (3) A fee established by resolution of the Town Board of the Town of Riverhead e# shall be required for each permit issued. E a * Underline represents addition(s) * Overstrike represents deletion(s) U O J cC Q O h M CV LO N O N N _N cC (n L ram' .f.r Q� d� T O M L Q co U c E U Packet Pg. 211 Illf r, 'e. 4At,II Ppp901p%e,p Yfi1lMP �.. y" r Office of theClerk James M. Wooten, TownClerk Registrar of Vital Statistics Records Management Officer Marriage Officer March 20, 2025 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 March 18, 2025. #5- Resolution # 250 —Adopted 3/18/2025 ADOPTS A LOCAL LAW TO AMEND CHAPTER 229 OF THE RIVERHEAD TOWN CODE TITLED "EXCAVATION AND GRADING" SECTION 9 THEREOF "FEES" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at wooten@townofriverhegjpy.gov Signature: Date: 4 West Second Street— Riverhead, New'fork 11901-- (631)727-3200 Ext. 260 9.9 03.18.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-250 ADOPTS A LOCAL LAW TO AMEND CHAPTER 229 OF THE RIVERHEAD TOWN CODE TITLED "EXCAVATION AND GRADING" SECTION 9 THEREOF "FEES" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, by Resolution 2025-152 adopted on February 4, 2025, 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 229 of the Riverhead Town Code titled "Excavation and Grading", Section 9 thereof, "Fees"; and WHEREAS, a public hearing was held on the 4th day of March, 2025 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 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 229 of the Riverhead Town Code titled "Excavation and Grading", Section 9 thereof, "Fees", is hereby adopted as specified in the attached notice of adoption; and be it further, RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review Newspaper and to post same on the signboard at Town Hall; and be it further, RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE RESULT: ADOPTED [UNANIMOUS] MOVER: Kenneth Rothwell, Councilman SECONDER: Robert Kern, Councilman AYES: Hubbard, Rothwell, Kern, Merrifield, Waski Packet Pg.45 9.9.a m s TOWN OF RIVERHEAD o NOTICE OF ADOPTION N N PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 229 of the Riverhead Town Code titled "Excavation and CU Grading", Section 9 thereof, "Fees" at its regular meeting held on March 18, 2025. U The intent of the proposed amendment is to increase the excavation fees. E 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 CU of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town 1 of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for o the March 18, 2025 Town Board Meeting. CU (n Q O Q Dated: Riverhead, New York o March 18, 2025 N LO N BY ORDER OF THE TOWN BOARD N OF THE TOWN OF RIVERHEAD N JAMES M. WOOTEN, Town Clerk ca _ O CU ca U X W 0) N CM W W H d Q U z O F o. O a Q LL O W U 1— O z _ m E U 3.N + Q Packet Pg.47 9.9.b Chapter 229. Excavation and Grading Article I. Excavation F_ § 229-9 Fees. t L N The Town Board or its designee shall charge and collect the following fees for excavation, exportation or importation pursuant to approved site plans,grading plans and realty subdivisions as required by (D Chapter 301, Zoning and Land Development.The officer designated by the Town Board to issue such o permits shall charge and collect for each such permit a fee as follows. All fees are due and owing and M shall be paid at the time of issuance of the permit. Premises that qualify for one or more of the delineated exemptions in §229-4 shall not be assessed any fees pursuant to this section. o r A. For residential, commercial and industrial subdivision,site plans or grading plans, a fee shall U be imposed in the amount of$�3.00 per cubic yard for all material removed from or returned to the site in accordance with Town requirements for drainage, parking and other E Q Town-required improvements and also for any and all purposes and improvements other 0 than those required for compliance with Town requirements.The determination of the fee to be paid shall be made by the Town Board or the Planning Board or their designee 'j subsequent to a review of the estimate submitted. U 0 * Underline represents addition(s) N * Overstrike represents deletion(s) o <t 0 Ln N LO N O (n (U 6L C IC 'Ln V 0 .V CU RJ U X W rn 0) N N .N C E .0 U RS Q „..Packet Pg.48.,,,_ f �,1,T Ar MUYItNflRJ M6M�+'S.. Office Wooten,James M. Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 28, 2025 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 May 21, 2025. #13- Resolution #451-Adopted 5/21/2025 Adopts a Local Law to Amend Chapter 231 of the Riverhead Town Code Titled "Fire Prevention" Section 7 Thereof Titled "Definitions" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at' o'tom gW werh n ov Signature: Date: West Seto t— Riverhead, New York — (631)727-3200 Ext. 260 10.31 05.21.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-451 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE TITLED "FIRE PREVENTION" SECTION 7 THEREOF TITLED "DEFINITIONS" Councilwoman Merrifield offered the following resolution, which was seconded by Councilwoman Waski WHEREAS, by Resolution 2025-315 adopted on April 1, 2025, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 7 thereof, "Definitions"; and WHEREAS, a public hearing was held on the 6th day ofMay, 2025 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 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 7 thereof, "Definitions", 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 RE WN''AN ....... - ADOPTED M8 CouncilwomanSECONDER ' Joann Wask�, Kern;�t,W '11 AYES; ubbard.,""'R j"`e' l ' ­, fripe—J, _a PacketP9. 118 TOWN OF RIVERHEAD U. NOTICE OF ADOPTION CM PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", M Section 7 thereof, "Definitions" at its regular meeting held on May 21, 2025. The intent of the proposed amendment is to provide definitions for certain terms added to E this Chapter of the Town Code < 0 A copy of the entire text of the adopted local law may be reviewed at the Office of M the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town 0 of Riverhead website at: www.townofriverheadnv.qov under the Agenda and Minutes for the May 21, 2025 Town Board Meeting. 0 Dated: Riverhead, New York May 21, 2025 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD 0 JAMES M. WOOTEN, Town Clerk 0 a. U- ti CM W Ui a. ac 0 I-- (L 0 LL 0 LU U I- 0 z E Packet Pg. 120 r. 'Fnrt n rxoy,=N=�Mr FMaov3suen_ Office of the Town Clerk Janses M. Wooten, Town Clerk Registrar of Vital Statistics Records anage ent Officer Marriage Officer May 28, 2025 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 May 21, 2025. #14- Resolution #452-Adapted 5/21/2025 Adopts a Local Law to Amend Chapter 231 of the Riverhead Town Code Titled "Fire Prevention" Section 24 Thereof Titled "Interference with Fire Department, Fire Marshal or CEO" Sincerely, �6711w) Aljt)"4— James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at ooten@Lownoffiverheadn, Signature: Date: West Second Street— Riverhead, New York 1°1 °1— (631)727-3200 Ext. 26 10.32 05.21.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-452 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE TITLED "FIRE PREVENTION" SECTION 24 THEREOF TITLED "INTERFERENCE WITH FIRE DEPARTMENT, FIRE MARSHAL OR CEO" Councilwoman Waski offered the following resolution, which was seconded by Councilman Rothwell WHEREAS, by Resolution 2025-311 adopted on April 1, 2025, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 24 thereof titled, "Interference with Fire Department, Fire Marshal or CEO"; and WHEREAS, a public hearing was held on the 6th day of May, 2025 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 231 of the Riverhead Town Code titled "Fire Prevention", Section 24 thereof titled, "Interference with Fire Department, Fire Marshal or CEO", 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] IVIpVER , Joann Wask Councilwoman, S,ECONDEF2. Kenneth Bothwell, Counc�imari ,%� � �,�, „� Packet Pg. 122 TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", E Section 24 thereof titled, "Interference with Fire Department, Fire Marshal or CEO" at its 0 regular meeting held on May 21, 2025. The intent of the proposed amendment is to require that signs to be posted pursuant to this section of the Town Code be approved by the Riverhead Fire Marshal. 0 A copy of the entire text of the adopted local law may be reviewed at the Office of 0 the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for the May 21, 2025 Town Board Meeting. Ln Dated: Riverhead, New York May 21, 2025 E BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, Town Clerk CL LL NT N cm LU z 0 i= IL 0 LL 0 EU 0 z E M Packet Pg. 124 10.32.b Chapter 231 . Fire Prevention 0 Article VII. Fire Department Access and Operations Q. 2 U- § 231-24 Interference with Fire Department, Fire Marshal or CEO. N C. No person shall reset a fire alarm in a commercial or multifamily building without approval from the Fire Chief, Fire Marshal, Fire Department Officer in Charge, or Code Enforcement Official. (1) A sign, approved by the Riverhead Fire Marshal, shall be posted by the fire alann panel stating that =0 the fire alarm shall not be reset without the approval of the Fire Chief as set forth in 231-24 C) above. ca E (2) This provision, § 231-24 (C), shall exclude single-and two-family dwellings 0 Underline represents addition(s) Strikethrough represents deletion(s) ») ca. 0 N W C4 0 Z Q as v 0 LL a 0 a� LL a) �a c a� a� n V- M c E v Packet Pg. 125 x: ,'PAR ti rausrelrrrAi ryx pinceafwm Office of the Town Clerk James M. Wooten, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 28, 2025 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 May 21, 2025. #15- Resolution #453-Adopted 5/21/2025 Adopts a Local Law to Amend Chapter 231 of the Riverhead Town Code Titled "Fire Prevention" Section 14 Thereof Titled "Assistance to Authorized Agencies; Reimbursement of Expenses" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at oo 3n fo v of��lve hea n . o Signature: Date: t Second Street— Riverhead, New'y — ( 31) 27-32 Ext, 260 10.33 05.21.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-453 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE TITLED "FIRE PREVENTION" SECTION 14 THEREOF TITLED "ASSISTANCE TO AUTHORIZED AGENCIES; REIMBURSEMENT OF EXPENSES" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, by Resolution 2025-314 adopted on April 1, 2025, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 14 thereof titled, "Assistance to Authorized Agencies; reimbursement of expenses"; and WHEREAS, a public hearing was held on the 6th day of May, 2025 at or about 2:15 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 11 action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that a local law amending Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 14 thereof titled, "Assistance to Authorized Agencies; reimbursement of expenses", 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," ''T, `f,,U,N Packet Pg. 126 TOWN OF RIVERHEAD NOTICE OF ADOPTION E PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted 0 a local law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", 3: M Section 14 thereof titled, "Assistance to Authorized Agencies; reimbursement of expenses" at its regular meeting held on May 21, 2025. 0 The intent of the proposed amendment is to require that reimbursement of expenses due to a spill, discharge or release of hazardous material apply to the use or storage of lithium-ion 0 CL "a batteries and battery installations. < 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 Ifto C4 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 May 21, 2025 Town Board Meeting. Dated: Riverhead, New York May 21, 2025 M BY ORDER OF THE TOWN BOARD ► OF THE TOWN OF RIVERHEAD 0 JAMES M. WOOTEN, Town Clerk a. 4) EL N X LU X 0 Z 0 a. 0 U. 0 Ui 0 Z E Packet Pg. 128 ar ss. m Chapter 231 . Fire Prevention Article IV. Mitigation of Hazardous Condition or Occurrence 0 § 231-14 Assistance to authorized agencies; reimbursement of expenses J M U) C. The person or entity responsible for the spill, discharge or other release of any hazardous o material that creates any hazardous condition or occurrence as described in § 231-14 above shall be responsible to reimburse the Town for all expenses incurred by the Town for theLn mitigation and investigation of the hazardous condition or occurrence. This section shall IT Ln not apply to accidental spills or releases of home heating oil, residential swimming pool o treatments or similar materials within or on the premises of owner-occupied single-family dwellings,unless such spill or release was due to a negligent or intentional act. This section shall apply to the use or storage of lithium-ion batteries and battery installations that U_ contain flammable electrolytes and hazardous devices i.e. fireproof and heat resistant fire extinguisher blanket. X Underline represents addition(s) p aD Strikethrough represents deletion(s) E E a� eaa 0 0 a� v c w C4 C 0 E 0 �s Packet Pg. 129 vArirnttorrni�q"Jvrare+�*rwunl ,'G Office of the Town Clerk James M. Wooten, Town Clerk Registrar of Vital Statistics orris Management Officer Marriage Officer May 28, 2025 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 May 21, 2025. #16- Resolution #454-Adopted 5/21/2025 Adopts a Local Law to Amend Chapter 231 of the Riverhead Town Code Titled "Fire Prevention" Article XIV "Flammable and Combustible Liquids" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at' n tow Signature: Date: West Second Street— Riverhead, New York11 1-- ( 1)72"7-32 Eats 260 10.34 05.21.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-454 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE TITLED "FIRE PREVENTION" ARTICLE XIV "FLAMMABLE AND COMBUSTIBLE LIQUIDS" Councilman Kern offered the following resolution, which was seconded by Councilwoman Merrifield WHEREAS, by Resolution 2025-313 adopted on April 1, 2025, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Article XIV thereof titled, "Flammable and Combustible Liquids"; and WHEREAS, a public hearing was held on the 6th day of May, 2025 at or about 2:20 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 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Article XIV thereof titled, "Flammable and Combustible Liquids", 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] ........ Packet Pg. 130 0 TOWN OF RIVERHEAD NOTICE OF ADOPTION _j PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted 0 a local law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", _j Article XIV thereof titled, "Flammable and Combustible Liquids" at its regular meeting held M on May 21, 2025. 0. 0 The intent of the proposed legislation is to require new and existing flammable motor fuel It dispensing systems have and maintain an automatic fire-extinguishing system. tn cm A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town E of Riverhead website at: www.townofriverheadnv.qov under the Agenda and Minutes for CL the May 21, 2025 Town Board Meeting. 0 M ca Dated: Riverhead, New York May 21, 2025 BY ORDER OF THE TOWN BOARD EE OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, Town Clerk C .2 a. 0 U_ co ra C%1 cc Ui I— IL 3: 0 z 0 a. 0 LL 0 W 0 z Packet Pg. 132 Chapter 231 . Fire Prevention Article XIV. Flammable and Combustible Liquids § 231-38. Applicability. A. This article shall apply to the storage, handling and use of flammable liquids as defined in E Article 11, except that it shall not apply to the transportation of flammable liquids when in < conformity with regulations of the Federal and State Departments of Transportation or 0 regulations lawfully on file with and approved by the Federal and State Departments of 3: M Transportation. B. New and existing installations of flammable motor fuel dispensing systems shall have and 0 maintain an automatic fire-extinguishing system using an extinguishing agent suitable for petroleum fires and installed in accordance with NFPA 17 and their listings, and UL 1254 0 Standard for Pre-Engineered Dry Chemical Extinguishing systems. The fire protection system shall be connected to the fire alarm system, if provided, in accordance with the requirements of NFPA 72. to C14 C. The proposed Article XIV §231-38(B) is enacted pursuant to Municipal Home Rule Law 10(1)(ii)(a)(1 1), (12) and (14); zs cr Underline represents addition(s) 4) :2 Strikethrough represents deletion(s) E 0 sa ea E CO co C14 E ca Packet Pg. 133 i' `PAR ST RROSpSRI%AI 9E&RROGRtY W M Office of the Town Clerk James M. Wooten, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 28, 2025 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 May 21, 2025. #17- Resolution #455-Adopted 5/21/2025 Adopts a Local Law to Amend Chapter 231 of the Riverhead Town Code Titled "Fire Prevention" Section 25 Thereof Titled "Outdoor Fires" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at Doten Q miofd erheadn Signature: Date: Est Second Street— Riverhead, New York 1 1— (631)727-3200 ExL 260 10.35 05.21.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-455 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE TITLED "FIRE PREVENTION" SECTION 25 THEREOF TITLED "OUTDOOR FIRES" Councilwoman Merrifield offered the following resolution, which was seconded by Councilwoman Waski WHEREAS, by Resolution 2025-312 adopted on April 1, 2025, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 25 thereof titled, "Outdoor fires"; and WHEREAS, a public hearing was held on the 6th day of May, 2025 at or about 2:25 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 11 action pursuant to SEQRA. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 25 thereof titled, "Outdoor fires", 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 AN I MOU, Packet Pg. 134 10.35.a TOWN OF RIVERHEAD , NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 25 thereof titled, "Outdoor fires" at its regular meeting held on May 21, 2025. < a The intent of the proposed legislation is to set forth specific requirements and restrictions � for outdoor fires. -� A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town - of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for d the May 21, 2025 Town Board Meeting. N 0 Dated: Riverhead, New York N May 21, 2025 BY ORDER OF THE TOWN BOARD o OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, Town Clerk 0 c a 0- a) L w LO Cli N W w a d z 0 a. 0 �t U. 0 Ui 0 z c Packet Pg. 136 10.35.b Chapter 231 . Fire Prevention Article VIII. Precautions Against Fire 0 § 231-25. Outdoor fires. p c (1) No per-son shall ignite Ew maintain any eutdoof fire, exeept a fife used exeltisively > a� as eaek feed for-human eeftswnptien,without first ha-ving ebtained a bum pefmit from th-e a. V YY 11 11V UL.J 11U1 UII U. tn (2) Ne per-sen shall kindle or- maintain an eutdeef fire to be unsafe or-hazafd pr-edtfeiflg-a� determined by the Fire 7 7 State Fefest Ranger-of state, GE)Hfity Or 04 L peliee yy����pp ) issue 0d C' B. Whe may pfehibit. The Chief of the Fife Depaftment or the Fire Marshal may pfehibit a-fly or- 7weather- eondifiens of Weal eir-eumsta-mees make stieh fires hazardous.- < 0 .Wa A. No person shall kindle maintain authorize or permit any bonfires recreational fires or open burning on or in any street alley,road land or public grounds or upon any private lot unless conducted in accordance with this section and with the Building and Fire Code of New York o State and New York Code Rules and Regulations Title 6 New York State Department of -' Envirorunental Conservation. Chapter III Part 215. 0 Fires that are used to dispose of fats or religious items that are used in connection with a 0 religious ceremony as defined in the Fire Code of New York State shall be considered exempt from this subsection upon satisfactory proof and/or testimony. Residential Proper04 ty v a. No Pennit required_. 4° y i. Notwithstanding A (1)(a) above, no person shall kindle or maintain any bonfire on any privately owned property without adhering to the following o provisions: er 1. No fire shall be kindled or maintained unless it is a minimum of 25 0 to feet from any building or structure; 2. No fire shall be left unattended r 0 3. No fire be kindled or maintained if the prevailing wind exceeds a E velocity of 15 miles per hour 4. No fire shall be kindled or maintained as to create or cause to be created any noxious or offensive odor or smoke as to be hazard- producing Packet Pg. 137 10.35.b 5. No fire shall be kindled or maintained unless adequate provisions are made to prevent the spread of fire 6. No fire shall be kindled or maintained without an appropriate fire extinguishing source 2! U- 7. No fire shall be kindled or maintained unless in an approved above- c ground fire pit or a pennanent in-ground fire pit 2 8. No fire shall be kindled or maintained with any combustible fuels other than dry,plain,untreated wood.All other fuels are considered 0 unapproved combustibles fuels. a� This shall in no way be construed as applicable to barbeque gills outdoor 0. fireplaces or gas-fueled fire pits U. Ln CI Commercial Property a. Permit required L No person shall kindle or maintain any bonfire fire without first having obtained a burn permit from the Town of Riverhead Fire Marshal's Office zs (33) Town of Riverhead Property E a. Permit Required 0 i. No person shall kindle of maintain any bonfire on Town of Riverhead property without first having obtained a bonfire permit from the Town of -' �s Riverhead Fire Marshal's Office. o �c B. No person shall kindle or maintain any outdoor fire determined to be unsafe or hazard-produciny c. a as set forth in $ 231-25 and as deterimined by the Fire Chief Fire Marshal Code Enforcement Officer and/or State Forest Ranger or state county or town police officer and such official may immediately suspend or revoke any permit previously issued to 0 C. Who may prohibit. The Fire Chief or Fire Marshal may prohibit any or all bonfires and outdoor fires or open burning when atmospheric conditions drought or other unfavorable weather conditions or local circumstances make such fires hazardous. o 0 w 0 Underline represents addition(s) LO Strikethrough represents deletion(s) C4 c as E t v �s Packet Pg. 138 -pax"i"x+xxxix.y:"rta warwanvuM Office Clerk James M. Wooten, Town Registrarof Vital StatisticsRecords a s eme at Officer Marriage Officer May 28, 2025 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 May 21, 2025. #18- Resolution #456-Adopted 5/21/2025 Adopts a Local Law to Amend Chapter 231 of the Riverhead Town Code Titled "Fire Prevention" Section 66 Thereof Titled "Penalties for Offenses; Notice of Violation" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at w ii i `townofiMi tie ,qgy Signature: Date: West Second Street— Riverhead, New York 11901— 1) 27- 2Ext. 2 10.36 05.21.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-456 ADOPTS A LOCAL LAW TO AMEND CHAPTER 231 OF THE RIVERHEAD TOWN CODE TITLED "FIRE PREVENTION" SECTION 66 THEREOF TITLED "PENALTIES FOR OFFENSES, NOTICE OF VIOLATION" Councilwoman Waski offered the following resolution, which was seconded by Councilman Rothwell WHEREAS, by Resolution 2025-318 adopted on April 1, 2025, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 66 thereof titled, "Penalties for offenses; notice of violation"; and WHEREAS, a public hearing was held on the 6th day of May 2025 at or about 2:25 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 11 action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that a local law amending Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 66 thereof titled, "Penalties for offenses; notice of violation", 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 tb ...[UNANIMOUS", M 0,V E SECOND "y Packet Pg. 139 (D TOWN OF RIVERHEAD W U. NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 231 of the Riverhead Town Code titled "Fire Prevention", Section 66 thereof titled, "Penalties for offenses; notice of violation" at its regular meeting held on May 21, 2025. E The intent of the proposed legislation is to increase the fines associated with the < failure to obtain permits from the Town of Riverhead. 0 A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for the May 21, 2025 Town Board Meeting. 0 to Dated: Riverhead, New York 'T May 21, 2025 C)N BY ORDER OF THE TOWN BOARD A) OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, Town Clerk 0 a. U- W W a. ca 0 P a. 0 0 U. 0 W 0 z E M Packet Pg. 141 10.36.b �n Chapter 231 . Fire Prevention Article XXIV. Penalties for Offenses L § 231-66 Penalties for offenses; notice of violation. ®. as L A. Any person who shall violate any of the provisions of this chapter or fail to comply with the W provisions thereof, or who shall violate or fail to comply with any order made thereunder, except for § 231-55 shall be guilty of a misdemeanor,punishable by a fine of not less than $250 nor more than$2,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. U B. The imposition of a penalty for any violation shall not excuse the violation or allow it to continue, and all such persons shall be required to correct or remedy such violations or defects E within a reasonable time, and when not otherwise specified, a separate offense shall be deemed w committed for each day that the prohibited conditions are maintained following receipt of a notice from the Fire Marshal or CEO identifying the violation and requiring its correction. Said notice shall be mailed to the owner, at his or her mailing address as listed on the Town's most o recent tax roll,by certified mail, return-receipt requested. -' C. A civil penalty in the amount of$500 shall be imposed for each violation of Article V of this C �s chapter. D. Any person who shall violate 231-55 of this chapter shall be guilty of a violation level offense, punishable by a fine of not less than $250 nor more than$2 500 or by imprisonment for to not more than 15 days, or by both such fine and imprisonment. N Underline represents addition(s) 0 Strikethrough represents deletion(s) `o u� m c c 0 c as as n. as LL �o t- cw a> E ar Packet Pg. 142 ' Af Yf IRpfffRlfAf TYRTR�R15fUY James M. Wooten,Office of the Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 23, 2025 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on June 17, 2025. #19- Resolution #556-Adopted 6/17/2025 Adopts a Local Law to Amend Article II of the Riverhead Town Code Titled "Public Nuisances" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at L Ot � v Signature: Date: West Second Street— Riverhead, New York 11 1— (631)727-3200 Ext. 260 9.46 06.17.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-556 ADOPTS A LOCAL LAW TO AMEND CHAPTER 251, ARTICLE 11 OF THE RIVERHEAD TOWN CODE TITLED "PUBLIC NUISANCES" Councilman Kern offered the following resolution, which was seconded by Councilwoman Merrifield WHEREAS, by Resolution 2025-416 adopted on May 6, 2025, 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 251, Article 11 of the Riverhead Town Code titled "Public Nuisances"; and WHEREAS, a public hearing was held on the 3rd day of June 2025 at or about 2:15 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 11 action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that a local law amending Chapter 251, Article 11 of the Riverhead Town Code titled "Public Nuisances", 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: Robert Kern, Councilman SECONDER: 'Denise Merrifield, Councilwoman AYES: Hubbard, Rothwell, Kern, Merrifield, Waski Packet Pg. 158 TOWN OF RIVERHEAD .2 NOTICE OF ADOPTION LO PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted N a local law to amend Chapter 251, Article 11 of the Riverhead Town Code titled "Public Nuisances" at its regular meeting held on June 17, 2025. The intent of the proposed legislation is to repeal the existing Article 11 and replace same with enhanced definitions, expanded scope of enforcement with specific processes and E procedures relating to identifying and documenting whether a property and/or structure constitutes < 0 a public nuisance, and increased fees relating to public nuisance violations. A copy of the entire text of the adopted local law may be reviewed at the Office of U the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours -i0 of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town M (n of Riverhead website at: www,townofriverheadn\l.,qov under the Agenda and Minutes for 0- 0 the June 17, 2025 Town Board Meeting, Dated: Riverhead, New York Cq June 17, 2025 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD ca 0 JAMES M. WOOTEN, Town Clerk- =; z ca .2 .2 z 0 0 0 0 W 0 z E Packet Pg. 160 9.46.b C.> Chapter 251 . Noise, Public Nuisances and Property Maintenance Article II. Public Nuisances 4 c� § 251_11 Findings; purpose O A. I-- (D and-safetyef the T9WR has boon ieonardized by the effent of the nationalhi G? Q) U the r health r 4f$ laws; the Multiple Dwel"ng r penal laws regulating r r � dFug offenses and related laws FelafiRg C�J r r laws; (2. laws Felating to 4T$ r r r Gf stolen all of C r ,, Q> the quaky E)f life and the total GE)MMIAnity eRVOFE)RFnent, the tone Gf G E Tbwn of Riverhead, preperty values and the publiG health, safety and welfare. Ck CC$ J C6 health, safety and welfaFe of the U 0 I to G by this r WithOUt ffejudi% to the use Of PFOGedures OthepNise available OF to and ko laws, R? te stFengthen and-Glar+#yexist-ing laws an the-sUb}eGt LO §51 12. SeFtti#e rr rr r_ 0 §251 4 3. Defi�tionnc and pFeswmpt�nR-s_ 2 r but Rot be limited r the fellewing.L FL Ry(1) building, ereGtlon or plane used, in whole or in naFt for the purpose of \Th vey Cl} nrostitr rtien as that term is defined in § 230 nn of the Penal Law. 2 v..yaw a.v.. a.w.� a.ru� tvrrn r+.a uvrrr rs..as rrr � zvv.vv yr cnv r�.rra�cure: w:[ r used, On whole OF "R part, fer the purpose of ebsGeRepeFformaRGes. The term 0.x7 n nshall have the same meaning as that teFM OS n n C; Gt„ have the s ig as that term defined OR Subdivismen 3 of§ 22-5.0-0) of the f55 Del"`eRa.l Law. C c� E t� C6 4, Packet Pg. 161 9.46.b 2 OR whele ,0 used, GF iR paFt, foF the puFpese Gf prometoGRA-f ebsr--ene material. The term a n u have the sa 9 as that term LL "FnateF n shall have 0 0 C,.1 w '' h�,,,, t -. 0 I-- qJ •a r�rrneis inns of Artinle 2201')^J er '�'�C, of the Den 11 .,.. r 0 C� 2 Law 9r § 415 a of the Vehinle and TYaffin Law. r- to N , used,laGe iR whole GF OR paFt, qa ,ate C. CJ r used, OR whale OF OR,paFt, rriKTlinal r111iC= RGe as that term is defined in R 240 45 of the Penal Law. n � .............. ........,.....,... ,•.., that ..,.,,,, .,, .....u,,v... a .� �-r�...Tv .,r the r- Qa E a �.a r� �s (9) Any building erentinn er place used, in whole nr in part far the regular use, 0 22,9 CfF FnaRwfaGtUFe, , sale ef the s6ibstaRGes deSGFibed OR ArtiGleGand 221 of the PeRal Law. F=GF the purpese of this � r t,. RF 4S� Id7 6n Lo h9 eFeGtiGR OF on whole 9F in 0 r , CAE law-. 0 C n n shall be defiRed and applied � z + paFtneFShipS, r CL c!) GGFnmeRGeR;eRt ef aR aGtiGR under this aFtiGle shall be presumptive evideRGe that U the r x�• r� Car the purposes of this actinl� +r Vin+,,,n+r shall he defined and applied 4d4 tr-r-m-Ltit.���-Pv�v� Cf�tttt5 �arcrc�iC���vrvtttlrr�n�-Ctrr-�c-av-rn-r Cq-11=F � QJ C C QJ E U CtE �r C( Packet Pg. 162 9.46.b c� § 251-14. PubliG PFohibited. No person shall Gause, allow or permit a PUbliG RuisanGe to exist. §-_5 1 15. r,�v+c„oc,v 8 l i e Q 1— ' aaa 4- 0 �a , a� ca nromicoc cn as to Prevent antral to nnrl/nr nnntiRued use thoronf E CJ t� Rules. Solely fer the PUFPGSeS of this aFfiGle, the TA-imm ef RiveFhead shall be deem to have an the s6ibjeGt pFemises, as that teFM is utilized § 6401 of the .aJ Cf3 J Cis Cf1 0 CC? the TbwR of 17ivorhonrl LO t[A CN 0 the of the C E. , wd to CU Yhe-6'`e��ty vTeF�i�-c�.-oih� nn�o may ho ,��Ilbe �m },��hc naniraGT+� of Cl3 C!7 z CJ S 0- GGndUGted, maintained or permitted, SUGh evideRGe shall be presumptive that , N , eFeGtiGR OF „„''''^^QQ C) 1� CV tU G. The exosteRGe of an adequate remedy at law shall not prevent the granting Gf r� CU _C C.A (t3 Packet Pg. 163 9.46.b preSGribed by law, shall be puRishable by a fine ef np-t mare than $590 or by �mnricnnmeRt net ovnoorliRg six mnnthc nr by bath n^ 'CS 1. Ajudgment rendered awarding a peFFnaRent iRjURGtion pursuant te this artiGle shall be 0 C1 C building, A-ffir--e- of the County G'eFk. Every suGh lieR shall have priep4y befeFe any MeFtgage fU other WR that exists PFOOF tO SUGh filiRg eXGept tax and assessment Wen-&-. q 111 2 r c- tS:t N Ilmlted to reasonable atternevc' feed fC4 K. IR i C QA E Q C6 GWRers M1 to f� e ll e t� agent enens•e er having any interest in aRy form in the nrenerty, real er 0 L7'�C1Tr�t-IJ CI tGl-Y91JL+� � „„���.�� y per6enal, t t� relief gFanted under this- artiele hl C7 t.! §5'1.o ii i l penalties. f� A. Any peFSOR found te have Gaused, peFmitted or allowed a publiG RUisaRGe to exist U C fCg tf7 U B GE)ndUGtmngN i Ea z-• LO CNN 17i��ern-w-rc'auc n" N tt3 ct> E Q fly a•r Packet Pg. 164 .2 § 251 i 7. RemedieS Ret eXG16ISiVe. A. Th*s aFtide shall not be GGnstrued tO eXG!ude aRy otheF remedy pFevided by law for 0 the pF9teGtiGR 0 the health, safety and welfaFe of the people ef the T-GwR of bUt not limited te all expFess and implied peweFrs ef the T-Gwn 0 -Br9ard-I A-f the TGWR of R.verhead. I- (D 9-. TNs aFtiGle shall REA be GGnstrwed to eXG!6ide aRY G*VmI OF GF"Minal remedy provided by 0 law fer the enfGFGeFnent of this Code Gr of the laws of the County Gf Suffolk, the State of New Y-9Fk or the United States. T .2 t Chapter 261. Noise, Public Nuisances, and Property Maintenance. to N Article 11. Public Nuisances. C. 251-11. Scope. 73 A. The Riverhead Town Board recognizes the need to protect the public health, safety, and welfare of its residents and to maintain the quality of life in the community. This E chapter is designed to address Public Nuisances that pose a threat to these interests, including illegal activities, unsafe conditions, repeated violations of local ordinances and siphoning emergency and law enforcement services. The provisions set forth herein are intended to guide the enforcement of nuisance 0 abatement procedures, encouraqe property Owner's/Operator's, Occupant's/Tenant's and or lessees to maintain their properties in compliance with local codes, and ensure that properties do not become detrimental to the 0 surrounding community. "0< B. While this chapter establishes a process for the determination and enforcement of an to Public Nuisances, the Riverhead Town Board recognizes that each situation is 04 C) unique, and enforcement actions should be proportionate to the circumstances. This chapter is meant to serve as a framework for addressing Public Nuisances, while also providing q flexibility for Code Enforcement Officials to exercise mudgment and discretion in individual cases. The ultimate goal of this law is not only to eliminate harmful nuisances but also to foster an environment where residents, businesses, z and Property Owner/Operator work collaboratively toward the betterment of the Town of Riverhead. CL 261-12. Definitions, Presumptions and Terms. .2 A. General. Unless otherwise expressly stated, the terms set forth in § 251-12 of this to article shall, for the purposes of this article, have the meanings shown herein. CNI B. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neutral: the singular number includes the plural and the plural the singular. E Packet Pg. 165 C. Terms defined in other sections of this Code. Where terms are not defined in this Article 11 and are defined in Chapter 301-3, or other referred section of this Code, such terms shall have the meanings ascribed to them as stated therein. 0 ca D. Terms not defined. Where terms are not defined through the methods authorized by C: 3: this article, such terms shall have ordinarily accepted meanings such as the context 12 implies. CODE ENFORCEMENT OFFICIAL 0 The officer or other designated authority that currently holds the title and certification of "New York State Code Enforcement Official," as designated by the Department of State Division of Code Enforcement and Administration, who is charged with the enforcement of this Chapter. ko cq EVIDENCE OF PUBLIC NUISANCE For the purposes of this chapter, Evidence of Public Nuisance refers to any documentation, testimony observed, statements made, photographic, video or audio recordings which demonstrate the existence of a Public Nuisance as defined in this E chapter. This may also include police reports, complaint logs, inspection reports, < witness statements, or official citations. Such evidence must show ongoing illegal 0 activity or violations related to public health, safety, zoning, or other local regulations, including repeated disturbances, unsafe conditions, or criminal behavior. Evidence may also include the impact of such activities or conditions on adjacent, admoining, or nearby properties, as relevant to determining the existence of a Public Nuisance emanating from the source Property. 0 HEALTH AND SAFTEY VIOLATIONS Conditions that violate local or state health, safety, and environmental standards, to to includin "? ,q but not limited to unsanitary conditions, unsafe buildinq practices, lack o to proper sanitation, or violations of fire safety codes. ILLEGAL BUSINESSES Any entities, business within a buildinq or upon a Premises operating in violation of applicable laws or regulations, including but not limited to failure to comply with health and safety standards, operating without required permits or licenses, neglecting hazardous environment controls, engaging in activities in violation of any State, County or Local Laws or exploiting regulatory loopholes. These businesses may rL create hazardous, unsafe, or disruptive conditions that endanger the health, safety, or welfare of the public, the surrounding community, or the environment. In the context of nuisance abatement laws, an illegal business can be considered a key element in establishing a property as a nuisance if the business' operations result in harmful effects such as environmental contamination, unsafe working conditions, excessive noise, public health risks, or other disturbances that significantly affect the quality of life for neighbors or the broader community. IMMINENT DANGER A condition that could cause serious or life-threatening injury or death at any time. E Packet Pg. 166 u Z Z INJUNCTIVE RELIEF e:. A legal remedy that seeks to prevent or stop a Public Nuisance by requiring specific 0 actions or prohibiting certain conduct. Iniunctive Relief can be temporary or permanent: • Temporary Relief: Short-term orders (also known as temporary restraining orders 0 or Preliminary injunctions) issued to immediately halt or prevent further nuisance activities, often until a full hearing can occur. 0 • Permanent Relief: Long-term court orders (permanent injunctions) that may 2 include actions such as the closure of a Premises, cessation of harmful activities, U .F-I or remediation of violations, to Permanently eliminate the nuisance and prevent < future occurrences. Iniunctive Relief is typically used when other legal remedies LO (such as fines or damages) are insufficient to resolve the issue or prevent ongoing harm to the public or community. 0- OCCUPANT/TENANT Any individual or Person occupying a Premises or building, or having possession of a Premises or building, regardless of whether there is a lease agreement for the E Premises at the time the nuisance occurrence. 0 41 OWNER/OPERATOR Any Person, agent, operator, firm or corporation having a legal or equitable interest in the Property: or recorded in the official records of the state, county or municipality as 0 holding title or deed to the property: or otherwise having control of the property, including the quardian of the estate of any such Person, and the executor or 0 administrator of the estate of such Person if ordered to take possession of real Property by a court. PERSON An individual, corporation, partnership or any other group acting as a unit. PREMISES A lot, plot or parcel of land, easement or public way, including any structures thereon. z PROHIBITED ACTIVITY Any act, behavior, or condition on a property that violates State, County or local CL ordinances, health and safety codes, environmental laws, or poses a threat to public peace or safety. This includes, but is not limited to, persistent noise, unpermitted construction, or the operation of Illegal Businesses as defined herein. For the purposes of this chapter, Prohibited Activity may be used as evidence to support the identification of a Public Nuisance. E M Packet Pg. 167 PUBLIC NUISANCE Z m A Public Nuisance includes, but is not limited to, the following conditions, each or which Q= may be considered separate and distinct of one another and any of which must be 0 substantiated by Evidence of Public Nuisance as defined in § 251-12: 1. Any premises or building used for illegal activities, such as prostitution, obscene F0 performances, illicit drug sales, gambling (1) or any other criminal activities as defined in the New York State Penal Law. 0 2. Any premises or building where there exists evidence of Substandard Housing conditions or Health and Safety Violations as defined in § 251-12, which persist without remediation and are deemed to be Repeated Occurrences as defined in 4 251-12. 3. Any property where a Prohibited Activity, as defined in § 251-12, exists and persists without remediation and are deemed to be Repeated Occurrences as CL defined in § 251-12. 4. Any Property from which a Public Nuisance emanates, which causes or threatens to cause a Public Nuisance to adjacent, adjoining, or nearby properties, and which C may be considered as originating from the original premises, shall also be a factor E in considering evidence of a Public Nuisance occurring on the source property as 0 defined in § 251-12. REPEATED OCCURRENCES When conditions such as Substandard Housing, 0 Health and Safety Violations, or Prohibited Activities occur more than twice within any six-month period in a vear on a Premises, it may be considered a Public Nuisance as defined in this chapter. This includes properties that repeatedly disrupt the peaceful use and enjoyment of neighboring properties. SUBSTANDARD HOUSING Any building or dwelling unit that fails to meet the minimum standards for health, safety, or habitability as set forth by local housing codes or state building codes, thereby creating a risk to public health and safety. 251-13. Public Nuisances Prohibited. z No Person, Occupant/Tenant or Owner/Operator as defined herein shall cause, allow, or .2 .0 permit a Public Nuisance to exist upon a premises situated in the Town of Riverhead as CL defined in §- 251-12 of this chapter. .2 4 251-14. Public Nuisance Determination and Enforcement Procedures. A. Probable Cause and Criteria for Determining a Public Nuisance. In determining whether a Public Nuisance exists, Code Enforcement Officials are encouraged to consider the following criteria and probable cause as guidelines. . These criteria are not intended to be rigid requirements but rather factors to aid in the evaluation of each situation: 1. Frequency of Violations: Is the violation recurring, with at least two or more E occurrences within a six (6)-month period. Packet Pg. 168 2. Severity: Does the violation pose a significant risk to public health, safety, or welfare. 3. Impact on the Community: Is the nuisance causing disruption to neighboring 0 properties, businesses, or public peace. 0 4. Failure to Comply with prior notices: Has the property Owner/Operator been issued prior warnings or citations for similar violations. 0 5. The criteria mentioned in Subsection A. 1. through 4. above, should be used in conjunction with the Oudgment of the Code Enforcement Official, who may weigh 0 other relevant factors in making a determination of Public Nuisance. 21 ,2 B. Inspection and Evaluation. 1. Probable Cause and Inspection. When a Code Enforcement Official has Probable cause to believe that a Public Nuisance exists, they shall conduct an inspection of the property to determine whether a violation of the conditions outlined in § 251 13 exists. This inspection shall include reviewing available evidence such as police reports, complaint logs, inspection reports, witness statements, official summons and Personal knowledge. E 2. Interviewing Individuals. The Code Enforcement Official, as well as any Police < 0 Officer, may also interview individuals residing, working, or conducting business Cu on the Premises to gather additional evidence related to the Public Nuisance. -1 0 C. Documentation, Notice of Violation, and Summons. -i 1. Inspection Report. Upon conducting an inspection and/or an investigation of a Public Nuisance, the Code Enforcement Official shall prepare a written report CL 0 documenting the findings. This report shall include: a. The nature of the Public Nuisance as specified and defined in § 251-12. b. The date and time of the inspection Lo c. Any supporting evidence (e.g., photographs, witness statements) 2. Narrative. The report shall include a narrative part regarding the existence of a Public Nuisance and the necessary actions to address it, such as whether , immediate closure due to Imminent Danger is required or if remedial action is C necessary. 3. Issuance of Notice of Violation and/or Summons. If a Public Nuisance is Z z determined to exist, the Code Enforcement Official shall issue a written notice to 2 the Owner/Operator of the Property. This notice will describe the violation(s) and outline the required steps to remedy the situation. In addition to issuing the notice of violation, the Code Enforcement Official may, at their discretion, issue a summons to the Owner/Operator or any Person responsible for the violation(s), in accordance with applicable laws. < T- Lo 4. Timeframe for Compliance. The notice of violation shall specify a timeframe for C4 compliance, which shall be at the discretion of the Code Enforcement Official to (D I ra the limit that such time set forth must not be less than 1 O-days nor more than 30- days from the time the Public Nuisance is substantiated by evidence and/or , documentation as set forth in § 251-12. C Q) E Packet Pg. 1679 Z Exception: In cases where the Code Enforcement Official determines that an Imminent Danger as defined in § 251-12 exists, the compliance date maybe set to immediately- provided that the affected.parties are afforded the 0 opportunity for a post-action hearing, as required by applicable Constitutional provisions. In such cases, the Code Enforcement Official shall recommend further legal action immediately as outlined in -q 251-14 D. 2. of this chapter. 0 5. Service of Notices. The notice of violation and/or any placards shall be mailed to 0 the property Owner/Operator via certified and first-class mail.A duplicate gm shall also be posted in a conspicuous location on the property. 1.0 D. Escalation of Enforcement, Immediate Action. 1. Failure to Abate or Recurrence of Violations. If the nuisance is not abated within the specified timeframe outlined in the Notice of Violation (as described in 251 14 C 4., or if subsequent violations occur, the Code Enforcement Official shall submit the documentation and findings, alonq with any evidence and notices, to the Town Attorney for further legal action as specified herein below. E 2. Further Legal Action. The Town Attorney shall at their discretion initiate further 0 legal action, including seeking court approval for a Temporary Restraining Order or permanent ingunction, requesting Iniunctive Relief, imposing civil penalties, or filing civil complaints as further outlined in this chapter. 0 4 251-16. Iniunctive Relief. A. The Town Attorney may bring and maintain a civil proceeding in the name of the 0 -0 Town of Riverhead to enjoin a Public Nuisance within the scope of this article and < enjoining the Person conducting, maintaining, or permitting the Public Nuisance from further conducting, maintaining, or permitting the Public Nuisance. Unless otherwise indicated herein, said action shall be governed by the provisions of the Cq 0 Civil Practice Law and Rules. B. In addition to any other remedy provided by law, Iniunctive Relief granted pursuant to this article may provide for the closing of any building, structure, erection, or place and may authorize representatives of the Town of Riverhead to enter upon the z Premises and take any necessary actions to close and appropriately secure the Premises so as to prevent entry to and/or continued use thereof. C. In any action brought under this article The Town may file a notice of pendency .2 with the County Clerk to inform the public that a legal dispute involving the property t is ongoing. This notice is a tool to alert potential buyers or lenders of the pending < T- to action. However, certain safeguards and limits must apply to ensure the property Owner's/Operator's rights are protected: CL 1. Right to Contest the Notice: The property Owner/Operator has the right to contest the filing of the notice of pendency by filing a motion with the court. E 2 Packet Pg. 170 2. Use of Notice in Serious Cases: The notice of Pendency may only be filed in cases where the Public Nuisance D- claim poses a significant and substantial threat to public health or safety, 0 justifying the need to place such a notice on the property. 0 3. Time Limit for Notice: C 3: ,The notice of Pendency will be effective for no more than six months, unless the court extends it for good cause shown. This ensures that the Property Owner/Operator is not unduly restricted for an extended period. 0 4. Expungement of the Notice: If the legal action is resolved in favor of the property Owner/Operator, the court shall Promptly order the removal of the notice of Pendency. The property Owner/Operator can request this expungement, ensuring that the property title is cleared of any encumbrances caused by the notice. CNA 2 CL D. In any action brought under this article, the Town Attorney may apply for the appointment of a receiver as provided in Article 64 of the Civil Practice Law and Rules. Solely for the purposes of this article, the Town of Riverhead shall be deemed to have an interest in the subject Premises, as that term is utilized in § 6401 of the E Civil Practice Law and Rules. Any actions taken hereunder shall not be construed 0 too, nor constitute an act of possession, ownership, or control of the subject Premises by the Town of Riverhead. 0 E. In any action brought under this article, the Person in whose name ownership o the real property affected by the action is recorded in the office of the Town V) Assessor or the County Clerk, as the case may be, shall be presumed to be the 0- 0 Owner/Operator thereof. F. In any action brought under this article, whenever there is evidence that any Person was the manager, operator, supervisor, or, in any other way, in charge of or in possession and/or control of the Premises at the time a Public Nuisance was being conducted, maintained, or permitted, such evidence shall be presumptive that he, she, or it was an agent or employee of the OwnerlOperatoror lessee of the buildinq, erection, or place. T) z G. The existence of an adequate remedy at law shall not prevent the granting of 2 temporary, Preliminary, or permanent Injunctive Relief pursuant to this article. H. Intentional disobedience or resistance of any provision of an order or judgment awarding Iniunctive Relief pursuant to this article, in addition to any other punishment Prescribed by law, shall be punishable by a fine of not less than $1,500 LO or by imprisonment not exceeding six months, or by both. I. A CL gment rendered awarding a permanent injunction pursuant to this article shall be and become a lien upon the building, erection, or place named in the complaint in such action, such lien to date from the time of filing a notice of lis penclens in the (D E Packet Pg. 171 .2 office of the County Clerk. Every such lien shall have Priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens. 0 J. A mudgment awarding a permanent injunction pursuant to this article shall provide, in addition to the costs and disbursements allowed by the Civil Practice Law and Rules, upon satisfactory proof by affidavit or such other evidence as may be submitted, the 0 actual costs, expenses, and disbursements of the Town of Riverhead in investigating, bringing, and maintaining the action and in securing the Premises, including but not 0 limited to reasonable attorneys' fees. 2 K. In any action under this article, evidence of the common fame and general reputation of the building, erection, or place of the inmates or Occupants/Tenants thereof or of to those resorting thereto shall be competent evidence to prove the evidence of the Public Nuisance. If evidence of the general reputation of the building, erection, or place or of the inmates or Occupants/Tenants thereof is sufficient to establish the existence of the Public Nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance on the part of the Owner/Operator, Occupants/Tenants and or lessors, E lessees, and all those in possession of or having charge of, as agent or otherwise, 0 or having any interest in any form in the Property, real or Personal, used in >> conducting or maintaining the Public Nuisance. L. Any Police Officer and/or Code Enforcement Officials may assist in the monitoring 0 and enforcement of Iniunctive Relief granted under this article. 0 4 251-17. Civil Penalties, A. Civil Penalties. 1. Any Person found to have caused, permitted, or allowed a Public Nuisance to exist shall be liable for a civil penalty in the amount of $5,000 to $10,000 for each day the Public Nuisance is conducted, permitted, or maintained. 2. The civil Penalty shall continue to accrue for each day the violation remains unabated. The penalty will be assessed for each day the violation continues, z without the need for a new action after a 15-day period. 3. The Town Attorney may bring and maintain a civil action to recover penalties CL imposed under this section, which can be pursued in any court of competent jurisdiction or before a duly appointed hearing officer as allowed by law. 4. Civil Penalties may be recovered in any action or proceeding brought by the Town Attorney, and each day the Public Nuisance continues shall be considered a. separate offense, subject to additional penalties. 5. All civil penalties shall be mandatory and must be imposed upon a mudgment in favor of the Town. If the Penalty is not paid to the Town of Riverhead within 10 days E of mudgment, a civil iudgment shall be entered against the property Packet Pg. 172 9.46,b Owner/Operator, and the judgment may be collected by a tax assessment against the property on which the violation occurred. 6. Any civil penalty imposed shall be in addition to any fine and/or imprisonment 0 imposed as a result of a criminal prosecution, whether under the Riverhead Town Code or any state or local law. There is no requirement of prior notice before the &° commencement of a civil action. 7. Strict Liability: No Personal knowledge of the violation is required. Violations 0 charged under this section are strictly liable offenses, meaning that intent is not necessary for liability B. Penalties for offences Justice Court in addition to Civil Penalties. Penalties imposed in Riverhead Town Justice Court may be in addition to any Civil penalties assessed under Subsection A.Any Person, association, firm, or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable as follows: E �c 0 1. First Offense: By a fine of not less than $1,000 and not exceeding $2,000, or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. Tu 2. Second Offense: By a fine of not less than $2,000 nor more than $3,000, or by imprisonment for a fl period not to exceed 15 days, or both, for conviction of the second of two . offenses, both of which were committed within a period of five years. 3. Third or Subsequent Offenses: By a fine of not less than $3,500 nor more than $6,000, or by imprisonment for a ,` period not to exceed 15 days, or both, for conviction of the third and any subsequent offenses of a series of offenses, all of which were committed within a period of seven years. 4. Separate Violations: Each week's continued violation shall constitute a separate additional violation. co § 251-17.1. Protection of Emergency Calls and First Amendment Rights. A. Exemption for Emergency Calls. CL 1. No Person shall be penalized or face enforcement action under this chapter for making a legitimate 911 emergency call.This includes calls made to request police, fire, or emergency medical services. 2. A property Owner/Operator, Occupant/Tennant and or lessee shall not be subjectLO to fines, civil penalties, or eviction proceedings solely for calls to emergency services made by themselves, their tenants, or any other individuals on the cz property in response to an emergency situation. Packet Pg. 173 B. First Amendment Considerations. 1. The Town of Riverhead recognizes the importance of ensuring that residents are 0 not deterred from exercising their First Amendment rights, including the right to request emergency services without fear of retaliation or Penalty. 2. Enforcement actions under this chapter shall not infringe upon individuals' rights 0 to seek emergency assistance or express concerns about their safety, health, or welfare. Any enforcement actions related to nuisance violations shall ensure that 0 legitimate calls for emergency assistance do not contribute to labeling a property , as a Public Nuisance. 2 .2 C. Repeated Misuse of 911 System. 1. In cases where 911 calls are determined to be abusive or frivolous, enforcement actions may be taken separately under other laws specifically addressing misuse of emergency services. These actions shall not affect the status of the property under this chapter unless it is determined that the nuisance is directly related to repeated and harmful misuse of the 911 system. E 2. The misuse of the 911 system shall not be considered an automatic basis for 0 declaring a Public Nuisance. Such cases must be evaluated based on their >> individual circumstances and not in a manner that would penalize residents for legitimate emergency calls. 0 -j D. Judicial Review. m 0 1. Any enforcement action taken against a Property OwnerlOperator, — -Occupant/Tenant and or lessee in connection with an emergency call shall be (0 LO subject to Oudicial review to ensure that the action does not infringe upon First L? Amendment rights or the right to seek emergency assistance. Ao 2- In the event of a challenge, the court shall consider whether the enforcement Z!C) , action is narrowly tailored to achieve the public welfare goals of this chapter U) CD u without overreach or undue prosecution. z • Underline represents addition(s) 2 • Overstrike represents deletion(s) rL 2 N 0 E J= Packet Pg. 174 ,a n raozrtr,rrx rtnrxounideuni ClerkOffice of the Town Clerk James M. 11,00ten, Town Registrar of Vital Statistics Records Management Officer Marriage Officer June 23, 2025 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on June 17, 2025. #20- Resolution #557-Adopted 6/17/2025 Adopts a Local Law to Amend Chapter 301 of the Riverhead Town Code titled "Zoning and Land Development" Section 3 thereof titled "Definitions; word usage" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at Lc) tD . i:� ��' �mu � k°brly Signature: Date: ;et Second Street Riverhead, New York 11901— 63727-30 Et, 26 9.47 06.17.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-557 ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 OF THE RIVERHEAD TOWN CODE TITLED "ZONING AND LAND DEVELOPMENT" SECTION 3 THEREOF TITLED "DEFINITIONS• WORD USAGE" Councilwoman Merrifield offered the following resolution, which was seconded by Councilwoman Waski WHEREAS, by Resolution 2025-402 adopted on May 6, 2025, 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 titled "Zoning and Land Development", Section 3 thereof, titled "Definitions; word usage"; and WHEREAS, a public hearing was held on the 3rd day of June 2025 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 11 action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that a local law amending Chapter 301 of the Riverhead Town Code titled "Zoning and Land Development", Section 3 thereof, titled "Definitions; word usage", 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. 175 TOWN OF RIVERHEAD NOTICE OF ADOPTION E <r 0 PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted M a local law to amend Chapter 301 of the Riverhead Town Code titled "Zoning and Land -j Development", Section 3 thereof, titled "Definitions at its regular meeting held on June 17, U 0 2025. The intent of the proposed amendment is to provide definitions for certain terms added to 0 this Chapter of the Town Code. A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.,qov under the Agenda and Minutes for the June 17, 2025 Town Board Meeting. Dated: Riverhead, New York June 17, 2025 (D E a BY ORDER OF THE TOWN BOARD -2 OF THE TOWN OF RIVERHEAD > co JAMES M. WOOTEN, Town Clerk 0 0 N Ci LU 3-- 0 z C. 0 LL 0 0 z E Packet Pg. 177 9.47.b Chapter 301. Zoning and Land Development 0 Part 1. General Provisions C�d Article I. Title, Purpose, Definitions and Interpretation § 301-3 Definitions; word usage. E c a� B. Except as set forth in other articles of this chapter, as used in this chapter, certain terms and words are herewith defined as follows: OFFICE A space or facility used primarily for administrative,clerical, and record-keeping functions,where a business operations such as managing correspondence, handling_paperwork, performing ' secretarial services, and other office-related tasks occur. This term excludes spaces that cater to 0 personal services or professional consultations, such as those provided in a "Professional Office" N or as"Personal Services". "Office"does not involve treatment, a place of congregation for anyone , but the employees within, or consultation in fields such as medicine, law, or other specialized k professions. Activities within this type of use are focused on support and/or administrative services, business management, and coordination other than personal or professional services. PERSONAL SERVICES A commercial use that provides specialized, hands-on services directly to individuals for personal or physical benefit. These services generally involve customer interaction and may include .0 activities that focus on personal care, fitness, wellness, or leisure. Personal service establishments do not involve the provision of professional or technical services requiring specialized education, -' certification, or licensure, as seen in 'Professional Offices." Services provided are typically of a o non-medical, non-therapeutic nature, and do not involve significant office-based administrative or —' M professional consultation functions. "Personal Services" specifically includes: U) 0 (1) Fitness studios (e.g., yoga, Pilates, dance, martial arts, and other exercise or movement- < based services). (2) Beauty services (e.g., hair salons, barbershops, nail salons, and spa treatments) LO �? (3) Massage therapy(non-medical massage services). (4) Personal coaching (e.g., life coaching, personal trainers). " (5) Estheticians and skin care services. (6) Fortune-telling or psychic readings. (7) Cultural or educational studios (e.g., art studios, music lessons, language schools) (8) Pet grooming services. 0 (9) Dry cleaning or laundry services(excluding laundromat type operations in which the public Cl? has direct access to the laundry machines). ; (10)Any other use that the Zoning Officer determines to be similar in nature to those listed above. * Underline represents addition(s) * Overstrike represents deletion(s) Packet Pg. 178 ,. FA%lT rzopMorMstix'VFKKk5AUM '.. Office of the Town Clerk JameM. Wooten, Town Clerk a.ID' Registrar of Vital Statistics Records Management Officer Marriage Officer July 3, 2025 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 1, 2025. #21- Resolution #601-Adopted 7/1/2025 Adopts a Local Law to Amend Chapter 289 of the Riverhead Town Code titled "Vehicles, Traffic and Parking Regulations" Section 10 Thereof "Parking Prohibited" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at e� u` ela o ' Signature: Date: West Second Street— iver ea , New York °f 1— ( 377-32 Et, 260 9.24 07.01.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-601 ADOPTS A LOCAL LAW TO AMEND CHAPTER 289 OF THE RIVERHEAD TOWN CODE TITLED "VEHICLES, TRAFFIC AND PARKING REGULATIONS" SECTION 10 THEREOF "PARKING PROHIBITED" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, by Resolution 2025-570 adopted on June 17, 2025, 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 titled "Vehicles, Traffic and Parking Regulations", Section 10 thereof, "Parking prohibited"; and WHEREAS, a public hearing was held on the 1st day of July, 2025 at or about 2:20 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 titled "Vehicles, Traffic and Parking Regulations", Section 10 thereof, "Parking prohibited", is hereby adopted as specified in the attached notice of adoption; and be it further, RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review Newspaper and to post same on the signboard at Town Hall; and be it further, RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE RESULT: ADOPTED;[UNANIMOUS] MOVER: Kenneth Rothwell, Councilman SECONDER: Robert Kern, Councilman AYES: Hubbard, Rothwell, Kern, Merrifield, Waski Packet Pg. 185 TOWN OF RIVERHEAD 2 NOTICE OF ADOPTION 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 titled "Vehicles, Traffic and Parking Regulations", Section 10 thereof, "Parking prohibited" at its regular meeting held on July 1, 2025. The intent of the proposed legislation is to remediate a dangerous condition caused by the parking of vehicles upon Youngs Avenue. 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 0 Tj 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 July 1, 2025 Town Board Meeting. Q? LO N C) Dated: Riverhead, New York > July 1, 2025 U) BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, Town Clerk 0 2 CL cry ro cri co C111 CLI LU z 0 0 0 LL 0 0 z ccs Packet Pg. 187 9.24.b § 289-10 Parking prohibited. ' The parking of vehicles is hereby prohibited in the locations as follows: M Name of Street Side Location o U r Youngs Avenue Both All vehicles on the southerly side and semi-trailer trucks on the o northerly side of Youngs Avenue, includin idlingo f any vehicle; a- each side from its intersection with Eastmeadow Road in an east( 4 direction to its terminus at Osborn Avenue. o a CO era w ra .c U c Underline represents addition(s) ' Strikethrough represents deletion(s) c� u O 1 N �k. O 'E✓ r 0 Q? LO hd 0 na W� N v) f O (ll .ate .C2 .0 O a_ O) fC1 CL d r CO Cd .y.i C U lS3 Packet Pg. 188 MAiiT FR51a'tMtlpl ry1kM#!M"TNS6uM, yh, I. James M. Wooten,Office of the Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer July 3, 2025 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 1, 2025. #22- Resolution #605-Adopted 7/1/2025 Adopts a Local Law to Amend Chapter 301 Zoning and Land Development, Part 3 Supplementary Use Regulations, Article LLC Cannabis, §301-283.20. Location and Number of Permitted Retail and On-Site Consumption Establishments and §301-283.25 When Effective Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at � e r l erhe a.u Signature: Date: West Second Street— Riverhead, NewYork 11 — ( 31)727-320 Ext, 26 9.zs 07.01.2025 ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-605 ADOPTS LOCAL LAW TO AMEND CHAPTER 301 ZONING AND LAND DEVELOPMENT, PART 3 SUPPLEMENTARY USE REGULATIONS, ARTICLE LIIC CANNABIS, §301-283.20. LOCATION AND NUMBER OF PERMITTED RETAIL AND ON-SITE CONSUMPTION ESTABLISHMENTS AND §301-283.25 WHEN EFFECTIVE Councilwoman Waski offered the following resolution, which was seconded by Councilman Rothwell WHEREAS, by Local Law No. 23-2022 dated November 11, 2022 the Town Board of Town of Riverhead added Article LIIC Cannabis to Chapter 301 Zoning and Land Development of the Town Code of the Town of Riverhead which was further amended by Local Law No. 12-2024 dated March 5, 2024; and WHEREAS, by Resolution No. 2025-462 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 3 Supplementary Use Regulations, Article LIIC Cannabis, §301-283,20. Location and Number of Permitted Retail and On-Site Consumption and §301-283.25 When Effective of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 3rd day of June 2025 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 25, 2025 the Suffolk County Planning Commission (SCPC) provided the following Comments: "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 proposed amendments are a Type I action pursuant to SEQRA (NYCRR 617.4 b (2)); and WHEREAS, the Riverhead Planning Department Staff, on behalf of the Town Board Has completed Part 1 of the Full Environmental Assessment Form (FEAF) dated May 15, 2025 as well as Part 2 & Part 3 of the FEAF dated July 1, 2025; 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 Cet_ Pg.211 Pack ,.._.,.., 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 Riverhead Town Board hereby assumes Lead Agency Status and issues a Negative Declaration pursuant to SEQRA for the Local Law to amend Chapter 301 Zoning and Land Development, Part 3 Supplementary Use Regulations, Article LIIC Cannabis, §301-283.20. Location and Number of Permitted Retail and On-Site Consumption and §301-283.25 When Effective of the 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 Use Regulations, Article L11C Cannabis, §301- 283.20. Location and Number of Permitted Retail and On-Site Consumption and §301- 283.25 When Effective of the Riverhead Town Code is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk be and is hereby directed to forward a copy of this resolution to Planning Department and the Office of the Town Attorney; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE RESULT: ADOPTED [UNANIMOUS] MOVER: Joann Waski, Councilwoman SECONDER: Kenneth Rothwell, Councilman AYES: Hubbard, Rothwell, Kern, Merrifield, Waski Packet Pg. 212 9.28.a ca Chapter 301 Zoning and Land Development Part 3 Supplementary Regulations Article LIIC CannabisCU �s c� § 301-283.20. Location and number of permitted retail and on-site consumption a� establishments. E r The location and maximum number of each type of establishment permitted in the Town of r) Riverhead is governed by the subsections below. A. Location requirements. Cannabis retail and on-site consumption establishments shall be o permitted in only the Business Center; Shopping Center; Destination Retail Center; Downtown Center 1; Downtown Center 2; Downtown Center 3; Hamlet Center; Rural Corridor; Village Center; Business CR; Peconic River Community; and Business F Zoning o Districts subject to the following requirements: (1) No retail or on-site consumption establishment shall be established or located within o 1,000 feet, measured from the nearest property lines of each of the affected parcels, of rs any school, library or day-care facility. (2) No retail or on-site consumption establishment shall be established or located within 500 feet, measured from the nearest property lines of each of the affected parcels, of any Town beach,playground or community center, and children's amusement. E (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. E (4) 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 any other cannabis retail or on-site consumption establishment. Notwithstanding the a above, only one cannabis retail or on-site consumption establishment shall be permitted in Commercial Corridors One, Two, Four and Five. o (5) 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 co any existing residential use, except those properties with frontage along and located , within Commercial Corridors One,Two, Three, Four and Five. .c (6) No retail or on-site consumption establishment shall be established or located within a mixed-use development project containing a residential use component. <i co B. Retailers shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and a operate as set forth in the Town Code for the Town of Riverhead. o C. Prior to applying for any building permit, use permit, special permit or site plan, or any other applicable land use application the applicant or their representative shall cause to be filed a E "Notification to Municipality" also known as OCM-06009 in the Office of the Town Clerk. Pursuant to the MRTA the Town shall have thirty (30) days to express and opinion regarding the proposed location to the Cannabis Control Board, with the Town reserving the right to Packet Pg.214 request a one-time 30-day extension of time for generating said Opinion Letter. An Opinion 9.28.a Letter recommending approval with a determination that the application and its proposed site location meets and complies with Town Code (Article LIIC "Cannabis") to the Cannabis Control Board shall be valid for a period not to exceed ninety (90) days from the date of o issuance. u� D. Within ninety (90) days of issuance of the Town's Opinion Letter recommending approval with a determination that the application and its proposed site location meets and complies with Town Code(Article LIIC"Cannabis")to the Cannabis Control Board,the applicant shall u file or caused to be filed a copy of the cannabis license for the location set forth in the Opinion Letter, together with an application and submission of all requisite fees for any building E permit, use permit, special permit or site plan, or any other applicable land use application required pursuant to Town Code.Applicant's failure to file the relevant land use application as described herein above within the ninety(90)day period, shall be deemed an abandonment of its application to locate within the Town of Riverhead and said Opinion Letter shall no longer be valid. In the event the applicant has complied with the filing requirements within the ninety (90) days, then the application shall be extended for such period of time for approval or denial of such building permit, use permit, special permit or site plan or any other o relevant land use application. a 2 E. Notwithstanding the above, upon expiration of the time parameters set forth in (C) and (D) r_ above, Applicant may submit a new Notification to Municipality for the proposed location °� under the identical terms and conditions set forth herein. a� z_ § 301-283.25 A. Statutory Authority This article is enacted pursuant to the provisions of Article 6, Section 131(2) of the MRTA and the F- Municipal Home Rule Laws of the State of New York. 0 § 301-283.25 B. Severability. In the event that any section of this chapter be decided by the courts to be unconstitutional or invalid in whole or in part, such decision shall not affect the validity of this chapter as a whole or any part thereof other than that so decided to be unconstitutional or invalid. a §301-283.25 C. When Effective. J This article shall take effect immediately upon filing with the Secretary of State. M o� 0 n U) a� LO N a c U cis .ems t Packeg.215,,,,P TOWN OF RIVERHEAD Notice of Adoption PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead, adopted a 301 Zoning and Land Development, Part 3 Supplementary Use Regulations, Article LIIC Cannabis, §301-283.20. Location and Number of Permitted Retail and On-Site U) Consumption Establishments and §301-283.25 When Effective of the Riverhead Town a 0 Code. The intent of the proposed legislation is to include the Business CR Zoning Use District, clarify the application process for Retail and On-Site Consumption Establishments, and establish timeframes for applications. 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, 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.townofriverheadn\/.qov under the Agenda and Minutes for the June 1, 2025 Town Board Meeting. 0 Dated: Riverhead, New York July 1, 2025 F- cu BY ORDER OF THE TOWN BOARD 0r_ OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, TOWN CLERK 0 _j C) 'i co 00 O O O O E fly Packet Pg. 216 ] Full Environmental Assessment Form 9.28•c Part 1 -Project and Setting Instructions for Completing Part 1 a Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. 3 Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, U or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to �i update or fully develop that information. � U Applicants/sponsors must complete all items in Sections A&B. In Sections C,D& E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1 is accurate and complete. �= 0 cry A. Project and Applicant/Sponsor Information. Name of Action or Project: � Amend Chapter 301,Part 3,Article LII Cannabis§301-228.20 and§301-283.25 U Project Location(describe,and attach a general location map): Town of Riverhead,Town wide O E Brief Description of Proposed Action(include purpose or need): o Local Law to amend Chapter 301 Zoning and Land Development,Part 3 Supplementary Use Regulations,Article LIIC Cannabis,§301-283.20.Location ?� and Number of Permitted Retail and On-Site Consumption Establishments and§301-283.25 When Effective.See attached. cu I ru U O J un 0- O 13 LO 0 Name of Applicant/Sponsor: Telephone: uti Riverhead Town Board o E-Mail: Address:4 W Second Street r� O. City/PO:Riverhead State:NY Zip Code:11g01 ro a� �o- Project Contact(if not same as sponsor;give name and title/role): Telephone: .w Matt Charters,Senior Planner c E-Mail:charters@townofriverheadny.gov O E Address: Same as above as E City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: cu E-Mail: U are Address: C° CD cw City/PO: State: Zip Code: E U ro Page 1 of 13 F Packet Pg_217 9.28.c B. Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans, tax relief,and any other forms of financial assistance.) Government Entity If Yes; Identify Agency and Approval(s) Application Date Required q (Actual or projected) a.City Council,Town Board, ®Yes❑No Adoption of Local Law or Village Board of Trustees b. City,Town or Village ❑Yes❑No Planning Board or Commission c. City,Town or ❑Yes❑No Village Zoning Board of Appeals d. Other local agencies ❑Yes❑No r> e. County agencies ❑Yes❑No a f. Regional agencies ❑Yes❑No C, ct g. State agencies ❑Yes❑No ' �s h. Federal agencies ❑Yes❑No -rs c i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑YesmNo E 0 ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑YesmNo iii. Is the project site within a Coastal Erosion Hazard Area? ❑YesmNo CU C. Planning and Zoning U 0 C.I. Planning and zoning actions, u Will administrative or legislative adoption,or amendment of a plan, local law,ordinance,rule or regulation be the mYes❑No 0 only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C, F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 0 C.2.Adopted land use plans. o ns a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site mYes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action mYes❑No 0- would be located? M 0 b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway; ❑YesmNo Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; c or other?) If Yes, identify the plan(s): Central Suffolk Special Groundwater Protection Area;LI Norht Shore Heritage Area a0i E v► .�t re� c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes❑No 0 c or an adopted municipal farmland protection plan? CU U If Yes, identify the plan(s): Town of Riverhead 2024 Comp Plan Upate CN C� nc c a► E U ft5 .w. Page 2 of 13 Packet Pg. 218 ,.,.,,..... C.3. Zoning 9.28.c a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s) including any applicable overlay district? Business Center;Shopping Center;Destination Retail Center;Downtown Center 1;Downtown Center 2;Downtown Center 3;Hamlet Center; RuratCbrriBor;Village Business R, i i u i y;bustinass C7 Co CO) b. Is the use permitted or allowed by a special or conditional use permit? 0 YesE]No c. Is a zoning change requested as part of the proposed action? ❑Yes®No c If Yes, crf i. What is the proposed new zoning for the site? �t CA.Existing community services. as U a. In what school district is the project site located?Shoreham Wading River Central School District;Riverhead Centeral School District;Mattituck- Cutchogue Union F � ri b. What police or other public protection forces serve the project site? Riverhead Town Police,Suffolk County Sheriff;NYS Police;NYSDEC ENCON Police �s L? c. Which fire protection and emergency medical services serve the project site? c, Wading River Fire District;Riverhead Fire District;RVAC;Jamesport Fire District c7 .w d. What parks serve the project site? Town of Riverhead,NYS,and Suffolk County Parks c U D. Project Details P 0 D.1. Proposed and Potential Development a. What is the general nature of the proposed action(e.g.,residential, industrial,commercial,recreational;if mixed, include all —i components)? m U 0 b. a. Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres 0 c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres LO CD c. Is the proposed action an expansion of an existing project or use? ❑YesEl No I? i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, N CD square feet)? % Units: C14 d. Is the proposed action a subdivision,or does it include a subdivision? ❑Yes ENO If Yes, i. Purpose or type of subdivision?(e.g.,residential, industrial,commercial; if mixed,specify types) N ii. Is a cluster/conservation layout proposed? ❑Yes❑No iii. Number of lots proposed? cu iv. Minimum and maximum proposed lot sizes? Minimum Maximum F .0 e. Will the proposed action be constructed in multiple phases? ❑YesE:]No W i. If No,anticipated period of construction: months ii. If Yes: T • Total number of phases anticipated ea <a • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year U • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may LO determine timing or duration of future phases: Q ra a� U c� �cC Page 3 of 13 Packet Pg.YY219] f.Does the project include new residential uses? []Yes[-] If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family LLqL or more Initial Phase At completion of all phases 0 cC» LO g. Does the proposed action include new non-residential construction(including expansions)? ❑Yes❑No E If Yes, c i. Total number of structures C ri ii. Dimensions(in feet)of largest proposed structure: height; width; and length O iii. Approximate extent of building space to be heated or cooled: square feet v h. Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes❑No U liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? E If Yes, cry i. Purpose of the impoundment: ii. If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams ❑Other specify: rL iii. If other than water,identify the type of impounded/contained liquids and their source. o Cl) a.. CD iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): U v E D.2. Project Operations ,< 0 a. Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? RYesF]No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i What is the purpose of the excavation or dredging? _J ii. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? ca_ • Volume(specify tons or cubic yards): 0 -0 • Over what duration of time? < iii. Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. 0 (0 C14 iv. Will there be onsite dewatering or processing of excavated materials? Yes No If yes,describe. v. What is the total area to be dredged or excavated? acres s tea. vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet r) viii. Will the excavation require blasting? Yes[]No s v ix. Summarize site reclamation goals and plan: E -es v cn b. Would the proposed action cause or result in alteration of increase or decrease in size of,or encroachment RYesnNo into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: r� i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): c�v 0 c�a e v E U fCi .a+ y.n Page 4 of 13 Packet Pg.220] ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill,placement of structures, of 9.28.c alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: 0 iii.Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No (, If Yes,describe: ur iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No Cz If Yes: c cU • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g. beach clearing, invasive species control,boat access): a) i� • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: 4 ro c. Will the proposed action use,or create a new demand for water? ❑Yes❑No C If Yes: i. Total anticipated water usage/demand per day: gallons/day CL ii. Will the proposed action obtain water from an existing public water supply? ❑Yes MNo If Yes: U • Name of district or service area: cs a� • Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No E • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No 0 0 • Do existing lines serve the project site? ❑Yes❑No M W. Will line extension within an existing district be necessary to supply the project? ❑Yes❑No If Yes: c� 0 • Describe extensions or capacity expansions proposed to serve this project: cap n • SOUrce(s)of supply for the district: N. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ YesONo .. I uO Yes: 0 • Applicant/sponsor for new district: TuO • Date application submitted or anticipated: c4 CD • Proposed source(s)of supply for new district: cis V. If a public water supply will not be used,describe plans to provide water supply for the project: W ro vi.If water supply will be from wells (public or private),what is the maximum pumping capacity: gallons/minute. a� d. Will the proposed action generate liquid wastes? ❑Yes ONO If Yes: as i. Total anticipated liquid waste generation per day: gallons/day E H. Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial-, if combination,describe all components and approximate volumes or proportions of each): E �C v� W. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: r� • Name of wastewater treatment plant to be used: tJ e • Name of district: � • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No a) 1 U Co Page 5 of 13 .22� Packet..P..,,,..,,,,,._„_ • Do existing sewer lines serve the project site? Ejy,srl 9.28.c • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: 4 c°7 iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No ur If Yes: • Applicant/sponsor for new district: C • Date application submitted or anticipated: M • What is the receiving water for the wastewater discharge? C) v. If public facilities will not be used,describe plans to provide wastewater treatment for the project, including specifying proposed -� receiving water(name and classification if surface discharge or describe subsurface disposal plans): IDU vi. Describe any plans or designs to capture,recycle or reuse liquid waste: 0- Cr e. Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes❑No ""; sources(i.e.ditches,pipes, swales,curbs,gutters or other concentrated flows of stormwater)or non-point 0. source(i.e. sheet flow)during construction or post construction? If Yes: U 1. How much impervious surface will the project create in relation to total size of project parcel? 0 Square feet or acres(impervious surface) a) Square feet or acres(parcel size) ii. Describe types of new point sources. 0 iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, ro J groundwater,on-site surface water or off-site surface waters)? _J U 0 J • If to surface waters, identify receiving water bodies or wetlands: 0 Ts • Will stormwater runoff flow to adjacent properties? ❑Yes❑No , N. Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No 0 (D f. Does the proposed action include,or will it use on-site,one or more sources of air emissions, including fuel ❑Yes❑No combustion,waste incineration,or other processes or operations? If Yes, identify: i. Mobile sources during project operations(e.g.,heavy equipment, fleet or delivery vehicles) r� cz. ii. Stationary sources during construction(e.g.,power generation, structural heating,batch plant,crushers) CZ rn iii. Stationary sources during operations(e.g.,process emissions, large boilers,electric generation) ar E g. Will any air-emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes❑No or Federal Clean Air Act Title IV or Title V Permit? w If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No Ui ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: c r� • Tons/year(short tons)of Carbon Dioxide(CO2) t • Tons/year(short tons)of Nitrous Oxide(N20) nr • Tons/year(short tons)of Perfluoroearbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) aw • Tons/year(short tons)of Hazardous Air Pollutants(HAPs) U W ^mod; Page 6 of 13 Packet Pg. 222 h. Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes❑ 9.28.c landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year(metric): ii. Describe any methane capture,control or elimination measures included in project design(e.g., combustion to generate heat or electricity,flaring): o r� i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ❑Yes❑No sz quarry or landfill operations? If Yes: Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): U D _w j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes❑No L) new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to a ii. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): r 0 r7 W. Parkin s Existing g aces:P g Proposed Net increase/decrease � ccs iv. Does the proposed action include any shared use parking? DYes❑No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: '0 vi. Are public/private transportation service(s)or facilities available within '/a mile of the proposed site? ❑Yes❑No E vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No < 0 or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? ro U O _J k. Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes❑No for energy? a. If Yes: i. Estimate annual electricity demand during operation of the proposed action: u0 0 ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable, via grid/local utility,or co other): LO 0 c�a iii. Will the proposed action require a new,or an upgrade,to an existing substation? ❑Yes❑No c� 1. Hours of operation. Answer all items which apply. ? i. During Construction: ii. During Operations: v • Monday-Friday: • Monday-Friday: • Saturday: • Saturday: N • Sunday: • Sunday: E • Holidays: • Holidays: a+ E �s ccs U LO CV 0 c� C m E U C6 Page 7 of 13 P Packet g,. 223... m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, El Yes 9.28.c operation,or both? If yes: i. Provide details including sources,time of day and duration: cs ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes❑No a Describe: en n. Will the proposed action have outdoor lighting? ❑Yes❑No If yes: c� i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: ;:a 2 U ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes❑No Describe: r; tt. o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes❑No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest C) occupied structures: �- w CL s- U p. Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ElYes[INo or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. ProdUCt(S)to be stored o ii. Volume(s) per unit time (e.g.,month,year) iii. Generally,describe the proposed storage facilities: co U q. Will the proposed action(commercial, industrial and recreational projects only)use pesticides(i.e.,herbicides, ElYes ❑No I insecticides)during construction or operation? U) If Yes: i. Describe proposed treatment(s): ua 0 T u^i 0 ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No y� r.Will the proposed action(commercial or industrial projects only) involve or require the management or disposal ❑ Yes ❑No of solid waste(excluding hazardous materials)? If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation : tons per (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: v • Construction: C: U E • Operation: < vn iii. Proposed disposal methods/facilities for solid waste generated on-site: c • Construction: U • Operation: a 0 coo c a� E .c U Page 8 of 13 Packet Pg. 224 ..._...... s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes 9.28.c If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill, or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or a • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years u, t. Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑Yes❑No e waste? If Yes: U i. Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: -� U n_ H. Generally describe processes or activities involving hazardous wastes or constituents: < ri W. Specify amount to be handled or generated tons/month n N. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: c^x a) v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: U If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E �C 0 E.Site and Setting of Proposed Action E.I. Land uses on and surrounding the project site o a. Existing land uses. U) i. Check all uses that occur on,adjoining and near the project site. 0 ❑ Urban ElIndustrial ElCommercial ElResidential(suburban) ❑ Rural(non-farm) ~o ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify): ii. If mix of uses,generally describe: Qn 0 T LO ew 0 b. Land uses and covertypes on the project site. ew Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) 0- W • Roads,buildings,and other paved or impervious a) surfaces • Forested m • Meadows,grasslands or brushlands(non- E agricultural,including abandoned agricultural) a� • Agricultural E (includes active orchards,field,greenhouse etc.) • Surface water features 0 W (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) O • Non-vegetated(bare rock,earth or fill) 0 • Other Describe: c ti E U ra Page 9 of 13 Pg. 225 Packet,,,,,,,,,,... c. Is the project site presently used by members of the community for public recreation? ❑Yes 9.28.c i. If Yes: explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals, licensed ❑YesE]No day care centers,or group homes)within 1500 feet of the project site? If Yes, i. Identify Facilities: �., cc» M c� e. Does the project site contain an existing dam? ❑Yes❑No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet U • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet cli ii. Dam's existing hazard classification: W. Provide date and summarize results of last inspection: 0 M a. f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes❑No C- or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? s If Yes: C3 i. Has the facility been formally closed? ❑Yes❑ No a, • If yes,cite sources/documentation: E ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: o cRs W. Describe any development constraints due to the prior solid waste activities: U O g. Have hazardous wastes been generated,treated and/or disposed of at the site, or does the project site adjoin ❑Yes❑No ,U) property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: u> 0 I? h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes❑ No remedial actions been conducted at or adjacent to the proposed site? If Yes: a i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Cs CL Remediation database? Check all that apply: s ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): � ❑ Neither database U E ii. If site has been subject of RCRA corrective activities,describe control measures: c U E iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes❑No u) If yes,provide DEC ID number(s): iv. if yes to(i),(ii)or(iii)above,describe current status of site(s); U LO c�a 0 oa c co C U Page 10 of 13 Packet Pg.226 v. Is the project site subject to an institutional control limiting property uses? ❑Yes 9.28.c • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No M 0) • Explain: (� :ca W r: E.2. Natural Resources On or Near Project Site U a. What is the average depth to bedrock on the project site? feet b.Are there bedrock outcroppings on the project site? ❑Yes❑No If Yes,what proportion of the site is comprised of bedrock outcroppings? % ri c.Predominant soil type(s)present on project site: e cJ d. What is the average depth to the water table on the project site? Average: feet .dam e.Drainage status of project site soils:❑ Well Drained: %of site ❑ Moderately Well Drained: %of site U ❑ Poorly Drained %of site c� f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: %of site ❑ 10-15%: %of site O ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? Yes❑No J If Yes,describe: io U O 1 U) h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams, rivers, ❑Yes❑No O ponds or lakes)? ii. Do any wetlands or other watcrbodies adjoin the project site? ❑Yes❑No ,n If Yes to either i or ii,continue. If No,skip to E.2.i. case LO iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes❑No state or local agency? _ c� iv. For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification M Lakes or Ponds: Name Classification 4 • Wetlands: Name Approximate Size a) • Wetland No. (if regulated by DEC) U) 4.1 v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes❑No cu waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: ar E i. Is the project site in a designated Floodway? ❑Yes❑No un j. Is the project site in the 100-year Floodplain? ❑Yes❑No r k. Is the project site in the 500-year Floodplain? ❑Yes❑Noj ary 1.Is the project site located over,or immediately adjoining, a primary,principal or sole source aquifer? ❑Yes❑No 0 If Yes: i. Name of aquifer: r m w U lCi �W Page 11 of 13 ticket Pg.227 m. Identify the predominant wildlife species that occupy or use the project site: 9.28.c n. Does the project site contain a designated significant natural community? ❑YesMNo If Yes: a i. Describe the habitat/community(composition,function,and basis for designation): r In ii. SOUrce(s)of description or evaluation: W. Extent of community/habitat: c • Currently: acres G i • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres U o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑YesE]No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered or threatened): 0 a� p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑YesEJNo special concern? �y If Yes: _ i. Species and listing: O E O a� q. Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑YesRNo ( If yes,give a brief description of how the proposed action may affect that use: J c� U U J E.3. Designated Public Resources On or Near Project Site U) a. Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes[:]No O Agriculture and Markets Law,Article 25-AA, Section 303 and 304? �C If Yes, provide county phis district name/number: ,`O 0 b.Are agricultural lands consisting of highly productive soils present? MYesONo I? LO i. If Yes: acreage(s)on project site? C,, ii. SOUrce(S)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑YesONo Natural Landmark? 0. If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature (o ii. Provide brief description of landmark,including values behind designation and approximate size/extent: 'c �a C -O c as d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑YesFJNo P If Yes: u) i. CEA name: ea ii. Basis for designation: c iii. Designating agency and date: tM rn Cq O CV C (IJ E U tT5 Page 12 of 13 Packet Pg.228 e. Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes 9.28.c which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii. Name: a iii. Brief description of attributes on which listing is based: 2 sa f. Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? r U g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: a� i. Describe possible resource(s): U ii. Basis for identification: c-i h. Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑No scenic or aesthetic resource? If Yes: i. Identify resource: a ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park, state historic trail or scenic byway, etc.): CL iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑Yes No Program 6 NYCRR 666? If Yes: E i. Identify the name of the river and its designation: 0 ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No U 0 F.Additional Information —I Attach any additional information which may be needed to clarify your project. � 0 If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any < measures which you propose to avoid or minimize them. CD T to cis 0 G. Verification �= I certify that the information provided is true to the best of my knowledge. CL ca Applicant/Sponsor Name Riverhead Town Board Date 05/15/25 a� G� Signature Y`/��% Z ��G2GU ��/Glr �2d- Title Senior Planner E c E ur .aa c� c c ccs U C14 0 cw c a� E s U .ems PRINT FORM Page 13 of 13 Packet„Pg. 229 Agency Use Only Full Environmental Assessment Form Project: Amends LII Cannabis 3 1-228.20 and 28 Part 2-Identification of Potential Project Impacts Date: r7/01i2025 — —� Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. M c c If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding U with this assessment. Tips for completing Part 2: U • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. c7 • Answer each of the 18 questions in Part 2. • if you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency a> checking the box"Moderate to large impact may occur." sa. • The reviewer is not expected to be an expert in environmental analysis. c + If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general U question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the"whole action". E impacts. p g y p Consider the possibility for long-term and cumulative impacts as well as direct imts. < + O • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land _t Proposed action may involve construction on, or physical alteration of, ®NO ❑YES the land surface of the proposed site. (See Part 1. D.1) a If"Yes", answer questions ci- '. I "No", move on to Section 2. � Relevant No,or Moderate Part I small to large -0 Question(s) impact impact may < may occur occur o 1_?a. The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ '`o apt less than 3 feet. era b.The proposed action may involve construction on slopes of 15%or greater. Elf ❑ ❑ c•a .N c� c. The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑ generally within 5 feet of existing ground surface. m d.The proposed action may involve the excavation and removal of more than 1,000 tons 132a ❑ ❑ of natural material. 0' E e.The proposed action may involve construction that continues for more than one year Dle ❑ ❑ 0� or in multiple phases. E f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ u� disturbance or vegetation removal(including from treatment by herbicides). W c g.The proposed action is,or may be, located within a Coastal Erosion hazard area. B 1 i ❑ ❑ h.Other impacts: ❑ Elo cq c as E ,t= U rt5 Page 1 of 10 F � tYYPg. 230 Packe 9.2$.d 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site(e.g., cliffs, dunes, ONO ❑YES minerals,fossils, caves). (See Part 1. E.2.g) �. 0 If"Yes", answer questions a-c. 7 "No", move on to Section 3. Relevant No,or Moderate Part I small to large Z Question(s) impact impact may may occur occur a. Identify the specific land form(s)attached: Egg ❑ ❑ s a� U a.. b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. ' Specific feature: CL c. Other impacts: ❑ ❑ c, co a� 0., M 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑YES bodies (e.g., streams,rivers,ponds or lakes). (See Part 1. D.2, E.21) E If"Yes", answer questions a-1. If"No", move on to Section 4. < 0 Relevant No,or Moderate Part I small to large CU Question(s) impact impact may -1 may occur occur u 0 a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ —t u) b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ rL 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. c� d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ c•a tidal wetland,or in the bed or banks of any other water body. ,a e. The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. s a� f.The proposed action may include construction of one or more intake(s) for withdrawal D2c ❑ ❑ of water from surface water. w E g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ El of wastewater to surface water(s). w E h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ El ran stormwater discharge that may lead to siltation or other degradation of receiving water bodies. c i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. C14 ca cw j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. E k.The proposed action may require the construction of new,or expansion of existing, D 1 a,D2d ❑ ❑ U wastewater treatment facilities. Page 2 of 10 Packet Pg. 231 1. Other impacts: ❑ 9'2$'d 4. Impact on groundwater 0 The proposed action may result in new or additional use of ground water, or ®NO ❑YES Cl) ctn may have the potential to introduce contaminants to ground water or an aquifer. u, (See Part 1. D.2.a,D.2.c,D.2.d, D.2.p,D.2.q,D.2.t) z If"Yes", answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate U Part I small to large Question(s) impact impact may a+ may occur occur :md a.The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ c withdrawal capacity rate of the local supply or aquifer. CD Cite Source: cis c. The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ ❑ C sewer services. U d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ El w E e.The proposed action may result in the construction of water supply wells in locations D2c, Elf, ❑ ❑ < where groundwater is,or is suspected to be,contaminated. Elg, Elh o P.The proposed action may require the bulk storage of petroleum or chemical products D2p, E21 ❑ ❑ over ground water or an aquifer. U 0 g. The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ —J feet of potable drinking water or irrigation sources. E21,D2c U 0 h. Other impacts: ❑ ❑ u� CD 0 L6 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑NO ❑YES (See Part 1. E.2) If"Yes answer questions a-g. Zf"No", move on to Section 6. 0- Relevant No,or Moderate Part I small to large U? Question(s) impact impact may may occur occur E a.The proposed action may result in development in a designated floodway. Eli ❑ ❑ ai b. The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c.The proposed action may result in development within a 500 year floodplain. Elk ❑ ❑ c c d.The proposed action may result in,or require,modification of existing drainage D2b, D2e ❑ ❑ cJ uO patterns. o e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2', E2k a' l� f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E 1 e ❑ ❑ U or upgrade? �C Page 3 of 10 g._.. Packet P 232_ g. Other impacts: ❑ 9.28.d 6. Impacts on Air The proposed action may include a state regulated air emission source. ®NO YES (See Part 1. D.2.£,D.21, D.2.g) ur If"Yes", answer questions a-f. If"No", move on to Section 7. T Relevant No,or Moderate C Part I small to large Question(s) impact impact may U may occur occur a. If the proposed action requires federal or state air emission permits,the action may Lj also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO,) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N,O) D2g ❑ ❑ i-" iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ rU iv. More than .045 tons/year of sulfur hexafluoride(SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ El ram' hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ c% b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ CS hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous a, air pollutants. c.The proposed action may require a state air registration,or may produce an emissions P p Y q g Y p D217,D2g ❑ ❑ a rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. Zt .❑ d. The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ m U above. �o c.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ p P Y 0- ton of refuse per hour. a f.Other impacts: ❑ ❑ u7 c> csa ui c� 0 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) �NO ❑YES c4 ff"Yes", answer questions a-J. If"No", move on to Section 8. W Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur v E a.The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ threatened or endangered species,as listed by New York State or the Federal E government, that use the site,or are found on,over,or near the site. <� D b. The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. U c. The proposed action may cause reduction in population,or loss of individuals,of any E2p El Elo species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. a� d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or ro the Federal government. Page 4 of 10 Packet Pg. 233 __U e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ 9.28.d Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. �- Source: cr u» g. The proposed action may substantially interfere with nesting/breeding,foraging,or Elm ❑ ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ El U grassland or any other regionally or locally important habitat. Habitat type&information source: � U i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ ri herbicides or pesticides. � c� j.Other impacts: ❑ ❑ ct. CL 0 ro a� a� 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) W]NO ❑YES U I "Yes", answer questions a-h. If"No", move on to Section 9. Relevant No,or Moderate E Part I small to large < Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the Etc, E3b ❑ ❑ NYS Land Classification System. a b.The proposed action may sever,cross or otherwise limit access to agricultural land E 1 a,Elb ❑ ❑ ur (includes cropland,hayfields,pasture,vineyard,orchard,etc). 0 .0 c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. 4 d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3a ❑ ❑ ,o uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 a acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ❑ ❑ management system. f.The proposed action may result,directly or indirectly, in increased development C2c, C3, ❑ ❑ potential or pressure on farmland. D2c, D2d a� g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. �= a� E h.Other impacts: ❑ ❑ < Z �s ru U LO N O tlS E .= U f6 •ate Page 5 of 10 Packet Pg.234 9.28A 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in W]NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.Lb, E.3.h.) I '"Yes", answer questions a-g. If"No", o to Section 10. Cl Relevant No,or Moderate N Part I small to large Question(s) impact impact may may occur occur U a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ 7J scenic or aesthetic resource. cu U b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ screening of one or more officially designated scenic views. < co c.The proposed action may be visible from publicly accessible vantage points: E3h t i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ❑ ❑ o" ii.Year round ❑ ❑ , d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: i. Routine travel by residents, including travel to and from work E2q, ❑ ❑ ii. Recreational or tourism based activities Elc ❑ ❑ c e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. O f. There are similar projects visible within the following distance of the proposed Dla, Ela, ❑ ❑ project: Dlf,D1g 0-1/2 mile U 0 %z-3 mile -J 3-5 mile 5+ mile o g. Other impacts: ❑ ❑ u7 c> co cD 10. Impact on Historic and Archeological Resources Cd The proposed action may occur in or adjacent to a historic or archaeological F,/]NO YES resource. (Part 1. E.3.e, f. and g.) If"Yes", answer questions a- e. if"No", go to Section 11. s Relevant No,or Moderate cn Part I small to large a Question(s) impact impact may F- may occur occur "a a. The proposed action may occur wholly or partially within,or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or De ❑ ❑ E State Register of Historical Places,or that has been determined by the Commissioner < T of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for sa co listing on the State Register of Historic Places. c b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ j to,an area designated as sensitive for archaeological sites on the NY State Historic LO Preservation Office(SHPO)archaeological site inventory. o cv c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ Cl to,an archaeological site not included on the NY SHPO inventory. Cu Iv Source: U cB a� ate+ Page 6 of 10 t . 235 Packe,YYPg.. d. Other impacts: ❑ 8,28.d If any of the above(a-d)are answered"Moderate to large impact may C. occur", continue with the following questions to help support conclusions in Part 3: 0 M i. The proposed action may result in the destruction or alteration of all or part Be,E3g, ❑ ❑ of the site or property. E3f cec ii. The proposed action may result in the alteration of the property's setting or Be,E31 ❑ Elc integrity. E3g,Ela, tW Elb iii. The proposed action may result in the introduction of visual elements which Be,E3f, ❑ ❑ 2 are out of character with the site or property, or may alter its setting. E3g,E3h, P C2,C3 cli 11. Impact on Open Space and Recreation V- The proposed action may result in a loss of recreational opportunities or a ZNO YES a- reduction of an open space resource as designated in any adopted CD municipal open space plan. ' (See Part 1. C.2.c,E.l.c.,E.2.q.) I-'Yes", answer questions a- e. If"No", o to Section 12. c Relevant No,or Moderate Part I small to large Question(s) impact impact may E may occur occur < 0 a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e, E 1 b ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,Ego, -Cii E2n,E2p U b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ❑ ❑ U) C2c, E2 0 .0 c. The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc, E2q LO 0 cn d.The proposed action may result in loss of an area now used informally by the C2c,Elc ❑ ❑ 0 community as an open space resource. a e. Other impacts: ❑ ❑ �W CCf ca_ CCS 12. Impact on Critical Environmental Areas w The proposed action may be located within or adjacent to a critical NO ❑YES U' c environmental area (CEA). (See Part 1. E.3.d) cu If"Yes", answer questions a- c. I f"No", o to Section 13. U Relevant No,or Moderate a) Part I small to large ,--C Question(s) impact impact may c_n may occur occur 0 ces c a. The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. LO �a b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ rya characteristic which was the basis for designation of the CEA. ; c c. Other impacts: ❑ ❑ E .c U CCS Page 7 of 10 „ Packet Pg. 236� _......_...._ 9. 13. Impact on Transportation 28.d The proposed action may result in a change to existing transportation systems. Z✓ NO YES (See Part 1. D.2.j) If"Yes", answer questions a-f I'"No", o to Section 14. Relevant No,or Moderate 0 Part I small to large ` ' Question(s) impact impact may m may occur occur M a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ M C7 b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ snore vehicles. a) U c. The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ Co e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ c'tl f. Other impacts: ❑ ❑ C,n_ w �u s�. 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO YES a� (See Part 1. D.21) E I '"Yes", answer questions a-e. If"No", o to Section 15. 0 Relevant No,or Moderate Part I small to large Question(s) impact impact may -F� may occur occur U 0 a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ CL b. The proposed action will require the creation or extension of an energy transmission DIf, ❑ ❑ 0 -cs or supply system to serve more than 50 single or two-family residences or to serve a D 1 q,D2k commercial or industrial use. , a c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ LO d.The proposed action may involve heating and/or cooling of more than 100,000 square D1g ❑ ❑ feet of building area when completed. N e.Other Impacts: �a. w� cry 0 I- W 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. ©NO FIYES E (See Part 1. D.2.m.,n., and o.) I "Yes", answer questions a-f. I '"No", o to Section 16. F Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. cis a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ U regulation. c+ N b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital, school, licensed day care center,or nursing home. a0i c.The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ �t Page 8 of 10 g. 237 Packet,,P,,,,,,,. d. The proposed action may result in light shining onto adjoining properties. D2n ❑ 9.28.d e. The proposed action may result in lighting creating sky-glow brighter than existing D2n, Ela ❑ ❑ area conditions. f.Other impacts: ❑ ❑ r� r� 16. Impact on Human Health r The proposed action may have an impact on human health from exposure ©NO YES to new or existing sources of contaminants. (See Part 1.13.2.q., E.1. d. f. g. and h.) .J If'"Yes", answer questions a-n7. If`No", go to Section 17. ar U Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ V-: care center,group home,nursing home or retirement commrmit . b.The site of the proposed action is currently undergoing remediation. Elg, Elh ❑ ❑ c. There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ C7 remediation on,or adjacent to, the site of the proposed action. c m d. The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ E property(e.g.,easement or deed restriction). < 0 e. The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ � to ensure that the site remains protective of the environment and human health. —J i� f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ o generation, treatment and/or disposal of hazardous wastes will be protective of the u� environment and human health. CL g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ t management facility. sty 0 h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ ds� CD rye i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ c solid waste. ra j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ CL a site used for the disposal of solid or hazardous waste. Elhs a� k.The proposed action may result in the migration of explosive gases from a landfill Elf, Elg ❑ ❑ cn c site to adjacent off site structures. 0 E 1.The proposed action may result in the release of contaminated leachate from the D2s,E 1 f, ❑ ❑ project site. D2r a� E d m. Other impacts: U) Z c c C3 u7 ra 0 cis c n� E U t4f Page 9 of 10 Packet Pg.238 9.28.d 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. -]NO YES (See Part 1. C.1, C.2. and C.3.) 0 If"Yes", answer questions a-h. If"No", go to Section 18. ` ) Relevant No,or Moderate 0 Part I small to large C: Question(s) impact impact may ro may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,D 1 a ❑ ❑ —� contrast to,current surrounding land use pattern(s). Ela, Elb wU b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. < c. The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ t c� d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ e plans. 0 c� e. The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ ❑ a� supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, C. Dld, Elb U f. The proposed action is located in an area characterized by low density development C4,132c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j ro E g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ < 0 commercial development not included in the proposed action) h. Other: ❑ ❑ W u 0 _1 18. Consistency with Community Character CL The proposed project is inconsistent with the existing community character. RNO YES ° (See Part 1. C.2, C.3,D.2, E.3) I "Yes", answer questions a-g. ff"No",proceed to Part 3. a Relevant No,or Moderate Part I small to large Question(s) impact impact may !, may occur occur a.The proposed action may replace or eliminate existing facilities, structures,or areas De,E31,E3g ❑ ❑ �s of historic importance to the community. CDb.The proposed action may create a demand for additional comm C4 ❑ ❑unity services(e.g. '� schools,police and fire) .0 m c.The proposed action may displace affordable or low-income housing in an area where C2,C3,D 1 f ❑ ❑ E there is a shortage of such housing. Dlg,Ela � 0 d.The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ E �a or designated public resources. cn e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ ;; c character. s✓ M f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela, Elb 0 E2 ,E2h g. Other impacts: ❑ ❑ a� E U PRINT FULL FORM1 Page 10 of 10 < Packet Pg.239 Agency Use Only [IfAp lisabl€L Project: Amend Chapter 301,Part 3,Article LII qa Date: 07/01/2025 ^^• Full Environmental Assessment Form Part 3-Evaluation of the Magnitude turd Importance of Project Impacts and 0 co Determination of Significance r� Part 3 provides the reasons in support of the determination of significance. The lead agency mast complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular W element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess U the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its < determination of significance. Reasons Supporting This Determination: �- To complete this section: a • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, ;M size or extent of an impact. ' s�. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to U occur. c • The assessment should take into consideration any design element or project changes. a) • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where < there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse o environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that W no significant adverse environmental impacts will result. • Attach additional sheets,as needed. J The intent of the proposed legislation is to amend the Zoning Code of the Town of Riverhead Chapter 301,Part 3,Article LII Cannabis§301-228.20 and p §301-283.25 to add Business CR as a permitted Zoning Use District(subject to all distance requirements)to locate Adult Use Dispensaries/On-Site -0 Consumption Lounges;Codifies at the local level that the applicant submits a"Notification to Municipality"to the Town Clerk prior to applying for any building permit,use permit special permit or site plan or any other applicable land use application;adds"Opinion Letter"from Town within same section; ,O Makes Town's Opinion Letter recommending location approval valid for ninety(90)days—with the ability to reapply;and Adds Statutory Authority/ 0 Severability/When Effective sections.Site specific SEQRA review will be conducted as required by NYCRR 617 for development applications.As the T action involves the legislative adoption of a local law only,no negative environmental impacts are anticipated. C14 0 co t cts r�. cU a� tE.. I -0m+ Q� E 0 1_ G� plt� U LO c\1 0 cat y�l d� Determination of Significance-Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑Unlisted Identify portions of EAF completed for this Project: Q Part i Q Part 2 ©Part 3 Packet Pg. 240 FEAF 2019 Upon review of the information recorded on this EAF,as noted,plus this additional support information 9.28.e and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the a Riverhead Town Board col as lead agency that: W .0 cu Q A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact a statement need not be prepared. Accordingly,this negative declaration is issued. M U ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or -� substantially mitigated because of the following conditions which will be required by the lead agency: U aW n5 CL There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative , declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.7(d)). r> a: cz C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact rc statement Must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce thosey impacts. Accordingly,this positive declaration is issued. c a� Name of Action: Amend Chapter 301,Part 3,Article t_II Cannabis§301-228.20 and§301-283.25 E 0 Name of Lead Agency: Riverhead Town Board ?: M Name of Responsible Officer in Lead Agency: Matthew J.Charters U 0 Title of Responsible Officer: Senior Planner -s u� Signature of Responsible Officer in Lead Agency: Date: 0 Signature of Preparer(if different from Responsible Officer) Date: LO For Further Information: LO a Contact Person:Matt Charters Address: 4 W.Second Street,Riverhead NY 11901 ' r� Telephone Number: E-mail:charters@townofriverheadny.gov u) For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: ? Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) rn Environmental Notice Bulletin: h[t�7J/www.dec.nv.��ov/enb/cnb.himl c c rz U cO c4a c0 rya c cu E .c U Cf$ PRINT FULL FORM Page 2 of 2 < Packet Pg. 241 F.1A lT ppq,pTk1F'A}TP6TTQPPoPWM, Office James M. Wooten, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer July 17, 2025 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 15, 2025. #23- Resolution #630-Adopted 7/15/2025 Adopts a Local Law Amending Chapter 105 of the Riverhead Town Code Entitled "Boards, Commissions and Councils, Article XVIII, "Traffic Violations Bureau: Liability for Failure to Stop for School Buses" Sincerely, .— James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten ate° �irleloa �t mt Signature: Date: West Second Street— Riverhead, New York 1 — 3 727- 2 Ext. 26 7/15/2025 ){.21. ADOPTED TOWN OF R|VERHEA[j TB Resolution 2025-630 ADOPTS A LOCAL LAW AMENDING CHAPTER 105 OF THE RIVERHEAD TOWN CODE ENTITLED "BOARDS, COMMISSIONS AND COUNCILS", ARTICLE XV111, "TRAFFIC VIOLATIONS BUREAU: LIABILITY FOR FAILURE TO STOP FOR SCHOOL BUSES" Supervisor Hubbard offered the fO||OvviDg o8SO|ubOn. which was seconded by Councilman Kern WHEREAS, the T0vvD Clerk was authorized to publish and post @ public notice to hear GU interested persons to consider a local law to amend Article I of Chapter 105 of the Riverhead TVVVD Code entitled, "BO8ndS. {|ODlDliSSi0OS And Councils", Article }(\/||I thereof titled, "Traffic Violations Bureau: Liability For Failure t0 Stop For School Buses"; and WHEREAS, 8 public hearing was held on the 1St day of July 2025 at 2:10 p.m. at TOVVO H@U, 4 West Second Street, R)verhe2d, New YO[k, the d8te, time and place specified in said public DOdCe. and all persons wishing to be heard were heard. NOW, THEREFORE, BE |T RESOLVED, that 8 local law tO amend Chapter 1O5ofthe Riverhead TOVVD Code entitled, ""Boards, CVDlDliSSiOOS And C0UDCilS". Article }(\/Ili thereof dd8d. ^T[gMiC Violations BUn8@U: Liability For Failure to Stop For SChO0| BUS8S" is hereby adopted as specified in the attached DOdCe Of @dOpUOD; and be it further, RESC]LVE[}, that the l-0VVD Clerk be and is hereby authorized to publish the attached OOUCe of adoption once in the News F<8Vi8xv Newspaper and to post oGnne OD the signboard at TOVVO Hall; and be it further, RESOLVED, all Town Hall Departments may review and obtain 8 copy Ofthis resolution from the e|8Ct[0DiC storage device and if needed, 8 certified copy of same may be obtained from the (]MiC8 of the Town Clerk. THE VOTE RESULT: ADOPTED MOVER: Supervisor Tim Hubbard SECONDER: Councilman Robert Kern AYES: Tim Hubbard, Robert Kern, Denise Merrifield, Joann Waski INAYS: None Page 0Qof233 ADOPTS A LOCAL LAW AMENDING CHAPTER 105 OF THE RIVERHEAD TOWN CODE TITLED "BOARDS COMMISSIONS AND COUNCILS" ARTICLE XVIII THEREOF TITLED "TRAFFIC VIOLATIONS BUREAU: LIABILITY FOR FAILURE TO STOP FOR SCHOOL BUSES" 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 Article I of Chapter 105 of the Riverhead Town Code entitled, "Boards, Commissions And Councils", Article XVIII thereof titled, "Traffic Violations Bureau: Liability For Failure to Stop For School Buses"; and WHEREAS, a public hearing was held on the 1st day of July 2025 at 2:10 p.m. at Town Hall, 4 West Second Street, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard; and NOW THEREFORE BE IT RESOLVED, that a local law to amend Chapter 105 of the Riverhead Town Code entitled, ""Boards, Commissions And Councils", Article XVIII thereof titled, "Traffic Violations Bureau: Liability For Failure to Stop For School Buses" 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. Page 101 of 233 Chapter 105 Boards, Commissions and Councils Article XVIII Traffic Violations Bureau: Liability for Failure to Stop for School Buses § 105-81 Purpose. § 105-83 Hearing before administrative law judge. § 105-84 Jurisdiction. § 105-85 Authorization of program. § 105-86 Costs of program. § 105-87 Vehicle owner liability for operator violations. § 105-88 Adjudication of liability. § 105-89 Payment of fines without court appearance. § 105-90 Penalties for offenses. § 105-81 Purpose. In order to provide additional protection to school-aged children boarding and de-boarding school buses that are legally stopped upon highways and roads while engaging in transportation services, the State of New York imposed liability on the owners of motor vehicles for failing to stop when school buses display red visual signals and the bus stop-arm is deployed. The Town of Riverhead hereby enacts this chapter in order to ratify procedures for adjudication of VTL 1174-a liability notices. § 105-82 Definitions. As used in this chapter, the following terms shall have the meanings indicated: ADMINISTRATIVE LAW JUDGE A lawyer qualified and appointed by the Riverhead Town Board for the limited purpose of conducting administrative hearings and adjudicating VTL 1174-a liability notices following such hearings. COUNTY County of Suffolk. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES OR MUTCD The manual and specifications for a uniform system of traffic control devices maintained pursuant to NYS VTL § 1680. NYS VTL New York State Vehicle and Traffic Law. OWNER Shall have the meaning provided in NYS VTL § 239. Page 102 of 233 RECORDED IMAGES AND DATA Photographs, microphotographs, videotapes, other recorded images or data created with respect to the program authorized by this chapter. SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM A device that is capable of operating independently of an operator or enforcement officer, specifically installed to work in conjunction with a school bus stop-arm, which device when triggered produces records of images of a vehicle being used or operated in violation of NYS VTL § 1174-a. § 105-83 Hearing before administrative law judge. An administrative law judge/s designated by the Justice Court to conduct and adjudicate VTL 1174-a notices of liability. Such hearings shall take place at a Town facility outside of the Riverhead Town Justice Court during the same hours as the Justice Court. Hearings may be conducted virtually. Nothing contained within this chapter shall authorize an administrative law judge operating under the authority of the Traffic Violation Bureau to deprive a person of their right to counsel, or prevent a person from exercising their right to appear to answer to, explain, or defend any charge of violation of NYS VTL § 1174-a. An administrative law judge shall not have the power to issue a warrant. An administrative law judge shall not set any form of bail in any instance. § 105-84 Jurisdiction. An administrative law judge/s designated by the Town Board to conduct and adjudicate VTL 1174-a notices of liability shall only have jurisdiction to hold hearings for such purpose for the Town of Riverhead, pursuant to a duly executed intermunicipal agreement conferring such jurisdiction upon the Town Board's designated administrative law judge/s. § 105-85 Authorization of program. Pursuant to the authorization provided by NYS VTL § 1174-a, there is hereby established a program imposing monetary liability on owners of vehicles where operators of the owner's vehicle violate NYS VTL § 1174-a. § 105-86 Costs of program. A. The total cost to the school district of the installation, maintenance and use of school bus photo violation monitoring systems pursuant to an agreement authorized by this chapter shall be borne entirely by the county/school district. B. Any cost or expense not addressed by NYS VTL § 1174-a, Subdivision (a)1-b, shall be allocated by agreement, or as otherwise required by law. § 105-87 Vehicle owner liability for operator violations. A. Subject to the procedures, rules and standards of conduct set forth in NYS VTL § 1174- a, the owner of a vehicle shall be liable for a penalty imposed pursuant to this chapter if the owner's vehicle was used or operated with the permission of the owner, express or implied, in violation of NYS VTL § 1174-a. B. The Riverhead Town Police Department shall review allegations of violations from the school districts with whom the county contracts under this program. MThe Riverhead Town Police Department may contract with a nonmunicipal entity to formulate notices that contain the content required by NYS VTL § 1174-a, Subdivision (g). Page 103 of 233 The contracted nonmunicipal entity shall take such steps as necessary to ensure notices are delivered in the manner described in NYS VTL § 1174-a, Subdivision (g). § 105-88 Adjudication of liability. Where an operator of a vehicle violates the standards set forth in NYS VTL § 1174-a, Subdivision (b), liability may be imposed upon a vehicle owner by a Town Board appointed administrative law judge, as designated by the court, and serving the court of competent jurisdiction that has jurisdiction over the location where the violation occurred in the manner, and upon the proof permitted by, NYS VTL § 1174-a, or in any other manner or other proof permitted by law. An administrative law judge shall only have jurisdiction to find a vehicle "liable"or"not liable"for an alleged offense of NYS VTL§ 1174-a.An administrative law judge may not engage in any plea bargaining or render any decision outside of a determination of "liable" or "not liable." § 105-89 Payment of fines without court appearance. An owner of a vehicle who has received a notice of liability charging NYS VTL § 1174-a, within the time specified in said notice, may answer online (website address must be provided upon the notice of liability) writing, waiving a hearing in court, pleading guilty to the charge pay the applicable fine. Acceptance of the prescribed fine shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt. § 105-90 Penalties for offenses. A. An owner liable for a violation of this chapter shall be liable for those monetary penalties set forth in NYS VTL § 1174-a, Subdivision (e); and fines shall be paid. Payment instructions shall be provided upon the notice of liability. B. An additional penalty for each violation for the failure to respond to a notice of liability within the prescribed time period. C. For purpose of this chapter, there is a rebuttable presumption that a vehicle was used and operated with the consent of the owner at the time it was used and operated in violation of NYS VTL § 1174-a. D. If the owner receives a notice of liability pursuant to this chapter for a violation, it shall be a valid defense that the alleged violation took place at a time during which the vehicle was reported to the police as having been stolen and that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this subsection, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent or delivered to a court of competent jurisdiction or parking violations bureau having jurisdiction where any contested notice of liability would otherwise be determined. E. No owner of a vehicle shall be liable for a penalty imposed pursuant to this chapter There the operator of such vehicle has been convicted of the underlying violation of NYS VTL § 1174-a. Page 104 of 233 TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 105 of the Riverhead Town Code Titled "Boards, Commissions, and Councils", Article XVII thereof titled, "Traffic Violations Bureau: Liability for Failure to Stop for School Buses" at its regular meeting held on July 1, 2025. The intent of the proposed legislation is to create a venue to adjudicate cases specific to school bus arm cameras which are otherwise unable to be heard in the Town Justice Court. A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for the July 15, 2025 Town Board Meeting. Dated: Riverhead, New York July 15, 2025 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD JAMES WOOTEN, Town Clerk Page 105 of 233 h; Mravrnoe 1YiYii#Y`KMr.WeiatuM. Office of the Town Clerk James M. Wooten, Town Clerk Registrar of Vital Statistics or Management Officer Marriage Officer August 8, 2025 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on August 5, 2025. #24- Resolution #680-Adopted 8/5/2025 Adopts a Local Law to Amend Chapter 217 of the Riverhead Town Code Titled "Buildings, Building Construction and Improvements and Housing Standards", Part 1. Administration and Enforcement of Uniform Code, Article I. Administration and Enforcement Sincerely, z71� A /j��, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at o ter towri fri° erne i Signature: Date: t Second Street— Riverhead, New York1 1—( 1)727-8200 Ext 260 8/5/2025 X.37. APPROVE ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-680 ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 OF THE RIVERHEAD TOWN CODE TITLED "BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" PART 1. ADMINISTRATION AND ENFORCEMENT OF UNIFORM CODE ARTICLE I. ADMINISTRATION AND ENFORCEMENT" Councilman Rothwell offered the following resolution, which was seconded by Councilman Kern WHEREAS, by Resolution 2025-463 adopted on May 21, 2025, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a Local L to amend Chapter 217 of the Riverhead Town Code titled "Buildings, Building Construction and Improvements and Housing Standards", Part 1. Administration and Enforcement of Uniform Code, Article I. Administration and Enforcement; and WHEREAS, a Public Hearing was held on the 1st day of July 2025 at or about 2:15 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 217 of the Riverhead Town Code titled "Buildings, Building Construction and Improvements and Housing Standards", Part 1. Administration and Enforcement of Uniform Code, Article I. Administration and Enforcement" 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: APPROVE ADOPTED MOVER: Councilman Kenneth Rothwell SECONDER: Councilman Robert Kern AYES: Tim Hubbard, Kenneth Rothwell, Robert Kern, Denise Merrifield, Joann Waski NAYS: None Page 293 of 424 TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 217 of the Riverhead Town Code titled "Buildings, Building Construction and Improvements and Housing Standards", Section 8 thereof titled, "Demolition permits" at its regular meeting held on August 5, 2025. The intent of the proposed legislation is to distinguish between ordinary demolition permits and demolition permits required for code violations, include timelines for both and add that electrical or gas service disconnects may be required. A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for the August 5, 2025 Town Board Meeting. Dated: Riverhead, New York August 5, 2025 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, Town Clerk Page 295 of 424 Chapter 217. Buildings, Building Construction and Improvements and Housing Standards Part 1 . Administration and Enforcement of Uniform Code Article 1. Administration and Enforcement § 217-8. Demolition permits, Ordinary, Violation Based. A. Demolition permits shall be applied for the same as building permits, but with no plans needed unless specified by the Building Inspector. HeweveF, In addition, specifications and diagrams showing methods to be used for needling or shoring adjacent buildings and electrical or gas service disconnects may be required by the Building Inspector. Ordinary demolition permits shall be non-renewable unless approved by the Building Inspector and all specified work shall be commenced within forty-five (45) days of issuance and completed within one (1)year of the date of issuance. B. Demolition permits issued pursuant to the remediation of any violation of this code or any state code shall be non-renewable and work shall be commenced within forty-five (45) days of issuance and completed within six (6) months of the date of issuance. Underline represents addition(s) Strikethrough represents deletion(s) Page 296 of 424 !ra#rr rx{ninirxasvribeixwn p. 1 Office of the Town Clerk James M. Wooten, Town Cley* Registrar of Vftl Statistics Records Management Officer Marriage Officer August 8, 2025 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on August 5, 2025. #25- Resolution #680-Adopted 8/5/2025 Adopts a Local Law to Amend Chapter 269 of the Riverhead Town Code Titled "Shopping Carts" Sincerely, James M. Wooten JMW:cd Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, James M. Wooten at a ooteai wnofri erhe o Signature: Date: t Second Street— Riverhead, New York1 1— (631)727-3200 E . 26 8/5/2025 X.36. APPROVE ADOPTED TOWN OF RIVERHEAD TB Resolution 2025-679 ADOPTS A LOCAL LAW TO AMEND CHAPTER 269 OF THE RIVERHEAD TOWN CODE TITLED "SHOPPING CARTS" Councilwoman Waski offered the following resolution, which was seconded by Councilman Rothwell WHEREAS, by Resolution 2025-464 adopted on May 21, 2025, 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 269 of the Riverhead Town Code titled "Shopping Carts"; and WHEREAS, a public hearing was held on the 1 st day of July 2025 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 269 of the Riverhead Town Code titled "Shopping Carts", 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: APPROVE ADOPTED MOVER: Councilwoman Joann Waski SECONDER: Councilman Kenneth Rothwell AYES: Tim Hubbard, Kenneth Rothwell, Robert Kern, Denise Merrifield, Joann Waski NAYS: None Page 289 of 424 TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 269 of the Riverhead Town Code titled "Shopping Carts" at its regular meeting held on August 5, 2025. The intent of the proposed legislation is to provide a definition for and require retail establishments to equip all shopping carts with an acceptable anti-theft wheel braking mechanism system. A copy of the entire text of the adopted local law may be reviewed at the Office of the Town Clerk, 4 West Second Street, Riverhead, New York 11901, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday and can be accessed on the Town of Riverhead website at: www.townofriverheadny.gov under the Agenda and Minutes for the August 5, 2025 Town Board Meeting. Dated: Riverhead, New York August 5, 2025 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD JAMES M. WOOTEN, Town Clerk Page 291 of 424 Chapter 269. Shopping Carts § 269-2. Definitions; word usage. A. Definitions. When used in this chapter, the following terms shall have the meanings indicated: Acceptable Anti-Theft Wheel Braking Mechanisms System(s) 1. Electromagnetic Wheel Locking:This system uses electromagnetic technology embedded in the wheels to lock them when the cart moves outside a designated area. The cart will stop moving or the wheels will lock if the cart crosses a defined boundary(like a parking lot line). 2. Radio Frequency Identification (RFID) Based Systems:These systems use a combination of RFID tags on the carts and sensors placed around the store perimeter. If a cart with an active RFID tag goes past a sensor,the system will activate a brake or lock on the wheels to prevent further movement. 3. Smart Cart System: GPS Tracking and Alerts: Shopping Carts equipped with GPS technology that can track the cart's movement. If the cart is moved outside of the designated area, store management is notified and the wheels may be locked remotely. § 269-6. Security devices. n cl Ihmi++oA +n nnY T-GWR depar+mon+OF hnnrrl fr-r the nnn +rl Ir+inn nr n nIrar i r.f�rnl ro++i nnnlin^,+inn that e@Gh ohnnn'nn GaFt n,ri,-ed by the coo+ hl' h n+ -he 'nn d with -+n+' theft he-eh g .-+NNllv�.w4lvll� �Ilu�w.uv�r�Jllppp111Gr'OC]I C"pIp01C]GCI CJp CIIG G.7 CC1 Ai17TllTfGTITr✓C'GTiC]I RJ IJGIT'C�01[II all OII[I CIIGI[ PVI ITTI A. Any new application submitted to any Town department or board for the construction or conversion of a retail establishment located on Route 58, Route 25, and/or Route 25A shall require as a condition of the approval of the application, that the establishment complies with the requirements of this chapter, including equipping all shopping carts intended for customer use with an acceptable anti-theft wheel braking mechanism system as defined in this chapter. B. All pre-existing retail establishments located on Route 58, Route 25. and/or Route 25A must comely_ with the requirements of this section and equip all shopping carts intended for customer use with an acceptable anti-theft wheel braking mechanism system as defined in this chapter. Excepted from the foregoing requirements for anti-theft wheel braking mechanism systems are retail establishments that maintain or store fifteen (15) or fewer shopping carts on their premises at any time however, any retail establishment storing fifteen (15) or fewer carts shall remove such carts from the parking areas before close of business each day. Underline represents addition(s) Strikethrough represents deletion(s) Page 292 of 424