HomeMy WebLinkAboutTOR RES 193 LL Zoning Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
March 17, 2011
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 were adopted by the
Riverhead Town Board at a Regular Town Board meeting on March 15, 2011
Res. #193 -ADOPTS A LOCAL LAW AMENDING CHAPTER 108 ENTITLED "ZONING" OF THE
RIVERHEAD TOWN CODE (§108-97- Major Subdivision. B. (14) (c) Park and Playground sites)
Please add this text to the Riverhead, New York Code Book.
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at
Ext. 260
Sincerely,
Diane M. Wilhelm
Town Clerk
200 Howell Avenue ~ Riverhead, New York 11901-- (631)727-3200 Ext. 260 - Fax (631)208-4034
Office of the Town Clerk
Diane M. IYilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
March 17, 2011
We would appreciate your signing this letter acknowledging receipt of tlxis Resolution and returning it to the
Office of the Riverhead Town Clerk. (Resolution# 193 from Town Board Meeting 3.15.11)
Sincerely,
Diane M. Wilhelm
Town Clerk
Signature:
DW:cd
200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034
Local Law Filing
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
www.dos.state, ny. us/co fps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
I--]County [--ICity I~lTown i']Village
(Select one:)
of Riverhead
Local Law No. 6 of the year 2011
TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE
A local law
(§ 108-97 - Major Subdivision B (14) (c) Park and playground sites
Be it enacted by the Town Board
(Name of Legislative Body)
of the
i-lCounty I-]City ~]Town [--]Village
(Select one:)
of Riverhead
as follows:
(If additional space ~s needed, attach pages the same size as this sheet, and number each.)
5. (City local law concerning Charter revision proposed by petit~n.)
I hereby certify that the local law annexed hereto, designated a~aw No _ of 20 _ of
the City of __ having been submitte~d..t~ referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the.proCreative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on/ ~(120__, became operative.
6. (County local law concerning ad'ion of Charter/
I hereby certify that the local law annexed hereto, desi.,g~ted as local law No. of 20 of
the County of ~tate of N..~'York, having been submitted to the electors at the General Election of
November 20 , pursuant t/~s'ubdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of~e qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said co~4'ity considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such originat local law, and was finally adop. ted in the manner indicated in
paragraph, 1 above, y
Clerk of the county legislative bo-dy, City, Town or Village Clerk or
officer designated by local legislative body
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Suffolk
l, the undersigned, hereby certify that the foregoing local law contains~the correct text and that all proper proceedings have
been
had
taken for the enactment of the local law annexed her~. ~...~
or
Town Attorney
Title
~ of Riverhead
Town
Date: 3/~(~/11
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 6
the ~:~:3~(Town)(X~b3§a) of Riverhead
Town Board on March 15 2011
(Name of Legislative Body)
provisions of law.
of 2011 of
was duly passed by the
, in accordance with the applicable
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated~w No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body) ~
(repassed affer disapproval) by the
on
(Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
20
~ .~ive.~. Chief Executive Officer*)
201 ~, in accordance w ith the applicable provisions of law.
of 20~ of
was duly passed by the
, and was (approved)(not approved)
and was deemed duly adopted
3. (Final adoption by referendum.) /
I hereby certify that the local law annexed hereto, designated~l~cal law No. of 20.__ of
the (County)(Cit3/)(Town)(Village) of j was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body) ~
(repassed after disapproval) by the j/.. . - on 20 .
~J~ctive Chief Executive Officer')
Such local law was Submitted to tl~e people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption~;~'ause no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, desk.ted as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
~ on 20__, and was (approved)(not approved)
(Name
of Legislative
Body)
(repassed after disapproval) by the ~ on 20 . Such local
(~tive Chief Executive Officer*)
law was subject to permissive.~endum and no valid petition requesting such referendum was filed as of
20 , in accordance/~jth'the applicable provisions of law. .
· Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
Town of Riverhead
Local Law#
ZONING
ARTICLE XX
Subdivision Regulations
§108-97. Major subdivision.
General requirements. The subdivider shall observe the following general
requirements and principals of land subdivision:
(14) Park and playground sites.
(c) Where the Planning Board deems it to be in the best interest to
require the developer to deposit a payment, the amount to be paid
shall be at the rate of $3,000 per each lot in the subdivision effective
immediately. In lieu of a cash payment, the subdivider may post
certificate of deposit or pass book in the name of the Town of
Riverhead equal to the total fee as required herein. Where
such cash, certificate of deposit or pass book is deposited, the fee of
$3,000 shall be paid to the Town of Riverhead pdor to the issuance of
each certificate of occupancy of residential structures with the
subdivision by the Building Inspector. The balance shall be payable in
full on the second anniversary day on which this certificate of deposit
or passbook was deposited and shall be withdrawn from such account
by order to the Town Board. Such interest as may accrue on the
certificate of deposit or passbook shall be returned and taxable to the
depositor.
03.15.2011 ADOPTED
110193
TOWN OF RIVERHEAD
Resolution # 193
ADOPTS A LOCAL LAW AMENDING CHAPTER 108 ENTITLED "ZONING"
OF THE RIVERHEAD TOWN CODE
1~108-97. - Major Subdivision. B. (14) (c) Park and playground sites.)
Councilman Dunleaw offered the following resolution,
which was seconded by Councilman Wooten
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law amending Chapter 108 entitled
"Zoning" (§108-97. Major Subdivision. B. (14) (c) Park and playground sites.) of the
Riverhead Town Code; and
WHEREAS, a public hearing was held on the 1st day of March, 2011 at 2:05
o'clock p.m. at Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and
place specified in said public notice, and all persons wishing to be heard were heard.
NOW THEREFORE BE IT RESOLVED, that Town of Riverhead hereby
determines the action to be an "Unlisted" action in accordance with 6 NYCRR 617.7(a)
and hereby issues a Negative Declaration pursuant to 6 NYCRR 617.7(a)(2), and be it
further
RESOLVED, that a local law amending Chapter 108 "Zoning", of the Riverhead
Town Code is hereby adopted as specified in the attached notice of adoption; and be it
further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper, the official newspaper, and to
post same on the signboard at Town Hall; and be it further
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a copy of same may
be obtained from the Office of the Town Clerk.
THE VOTE
Giglio [~]Yes I--INo Gabdelsen [~Yes E~]No
Wooten [~Yes r-]No Dunleavy [~Yes r-INo
Walter [~]Yes I--INo
The Resolution Was [] Thereupon Duly Declared Adopted
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead
adopted a local law amending Chapter 108 entitled, "Zoning" of the Riverhead Town
Code at its regular meeting held on March 15, 2011. Be it enacted by the Town Board
of the Town of Riverhead as follows:
ZONING
ARTICLE XX
Subdivision Regulations
§108-97. Major subdivision.
General requirements. The subdivider shall observe the following general
requirements and principals of land subdivision:
(14) Park and playground sites.
(c)
Where the Planning Board deems it to be in the best interest to
require the developer to deposit a payment, the amount to be paid
shall be at the rate of $5,000 $3,000 per each lot in the
subdivision effective immediately. In lieu of a cash payment, the
subdivider may post certificate of deposit or pass book in the name
of the Town of Riverhead equal to the total fee as required herein.
Where such cash, certificate of deposit or pass book is deposited,
the fee of $5,000 $3,000 shall be paid to the Town of Riverhead
prior'to the issuance of each certificate of occupancy of
residential structures with the subdivision by the Building Inspector.
The balance shall be payable in full on the second anniversary date
on which this certificate of deposit or passbook was deposited and
shall be withdrawn from such account by order to the Town Board.
Such interest as may accrue on the certificate of deposit or
passbook shall be returned and taxable to the depositor.
· Underline represents addition(s)
· Overstrike represents deletion(s)
Dated: Riverhead, New York
March 15, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
X:\TBM 03.15.11\193 - TA 108-97parkplayground fe~ ado.doc