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Home My WebLink AboutTOR RES 647 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 18, 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 August 16, 2011 Res. #647 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC A NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW TO REPEAL AND REPLACE §108-131 OF CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (Site Plan Review- Application procedure; fees) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, · ZIC~ , 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 3/1. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 18,2011 We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 647 from Town Bom'd Meeting 8.16.11) Sincerely, Diane M. Wilhelm Town Clerk Signature: date: DW:cd 200 Howell Avenue ~ Riverhead, New York t 1901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 18,2011 We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it to the Office of the Rivcrhead Town Clerk. (Resolution# 647 from Town Board Meeting 8.16.11) Sincerely, Diane M. Wilhelm Town Clerk Signature: ~_~.~ ~',~ date: DW:cd 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 August 15, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631~283-5606 or you may scan and email it back to townclerk(~southamotontownnv.uov. Signature: L~'~~~. ~ ,~ate: ~"/~ ~, Please be advised that the Town Board, at a meeting held on August 9, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-804 Not/ce of Adoption Extend Sign Amortization Adopted [Unanimous] Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 8/15/2011 Page i 08.16,2011 110647 ADOPTED TOWN OF RIVERHEAD Resolution # 647 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO REPEAL AND REPLACE §108-131 OF CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (Site Plan Review - Application procedure; fees.) Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice to consider a proposed local law to repeal and replace Article XXVI. Site Plan Review of Chapter 108 entitled "Zoning" of the Riverhead Town Code once in the August 25, 2011 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and post same on the sign board at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [Yes [~No Gabrielsen [~Yes ~]No Wooten []Yes E~No Dunleavy [~Yes [--]No Walter [~Yes ['-]No The Resolution Was [] Thereupon Duly Declared Adopted G:\081611\647- 108-131SitePlanReview.ph.doc TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 7th day of September, 2011 at 2:10 o'clock p.m. to consider a local law to repeal and replace Article XXVI. Site Plan Review of Chapter 108 entitled "Zoning" of the Riverhead Town Code as follows: CHAPTER 108 ZONING ARTICLE XXVI. Site Plan Review § 108-131. Application procedure; fees. G:\081611 \647- 108-131SitePlanReview, ph,doc G:~081611 \647- 108-131SitePtanReview.ph,doc A_~. Presubmission Conference Prior to the submission of a site plan application, the applicant and/or his agent may meet with the Planning Department to determine Zoning Code compliance, general enqineerin.q suitability and aesthetic compatibility. Said review shall be a process between the Planninq Department staff and the proiect designer(s), with no time limitation or fee imposed. Plans shall include such drawings as shall G:\081611\647- 108-131SitePlanReview.ph.doc cleady represent those structural, topographical and design features that the Town would require to evaluate the proposed construction, addition, reconstruction or alteration. The anticipated result of the preliminary review shall be a preliminary site plan which shall be acceptable for formal application and review. The Presubmission Conference shall be open to the public. B. Preliminary Site Plan Application (1) Subsequent to the Presubmission Conference, an application for preliminary site plan approval shall be made on the form for the same provided by the Planning Department. Fourteen (14) copies, plus additional copies as may be required by other levels of government with jurisdiction over the site, of the application, a current survey prepared by a licensed surveyor, the site plan (if separate from the survey) and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Planning Department. (2) A preliminary site plan shall conform to the requirements set forth in subsection (C) (5) of this section and section 108-132. (3) Within ten (10) days of receipt of the preliminary site plan application the Planning Department shall determine whether or not the application is complete. The Planning Department shall reject any preliminary site plan application if it is not so complete or in conformance, and shall notify the applicant as to the reason for such rejection. Upon a determination that a preliminary site plan application is complete the Planning Department shall notify the applicant of such determination and refer the proposal to such other agencies as it deems appropriate. (4) Planning Department Review Upon determining that a preliminary site plan application is complete, the Planning Department staff shall review the application and issue a written report. Based on its review, the Planning Department shall make a determination as whether the preliminary site plan is acceptable for Planning Board review. A site plan shall be acceptable for Planning Board review when the proposed site plan contains all the information necessary for the Planning Board to undertake a review and all the information depicted in the site plan is accurate. If the Planning Department determines that the preliminary site plan is not acceptable for Planninq Board review it shall request that the applicant modify the preliminary site plan in accordance with the written report. If the Planning Department determines that the preliminary site plan is acceptable for Planning Board review it shall place the preliminary site plan on the Planning Board's public hearing agenda for presentation by the applicant to the Planning Board. (5) Public Hearing a. Upon a determination that a preliminary site plan is acceptable for Planning Board review the Planninq Board shall hold a public hearing to consider the application. G:\081611 \647- t 08-131SitePlanReview. ph.doc b. The Planning Board shall cause notice of such headng shall be made by publication at least 10 days prior to such hearing in the official newspaper of the Town. c. The applicant shall erect or cause to be erected a sign which shall be displayed on the parcel upon which the site plan application is made facing each public street to which the property abuts, giving notice that an application has been made to the Town of Riverhead Planning Board for preliminary site plan approval along with the time and place of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign shall be furnished by the Planning Board and shall be the only sign to be used. The sign shall be displayed not less than 10 days immediately preceding the public hearing or any adjournment date. The applicant shall file an affidavit with the Planning Board that he/she has complied with the provisions of this section pdor to the opening of the public headng. d. In addition, the applicant shall mail notice of the public hearing date, at least 10 days prior thereto, to every property owner, as shown on the current Town of Riverhead assessment rolls, of parcels within 500 feet of the borders of the property which is the subiect of the public hearing. Such notice shall be by either certified or registered mail, return receipt requested. Proof of such notice shall consist of a copy of the assessment roles, the return receipts, and an affidavit attesting to compliance with this mailinq notification. Such proof shall be submitted to the Planninq Board prior to the public hearing. No additional mailing shall be required for an adjournment. e. At the public hearing the applicant shall present the preliminary site plan to the Planning Board. The Planning Board shall review the preliminary site plan application, the Planning Department written report, comments from any other agencies, and receive comments from the public. The Planning Board shall receive written comments for ten (10) days following the close of the public hearing. f. In the event a preliminary site plan application is denied the applicant may revise and resubmit the preliminary site plan, withdraw the application or prepare a submittal and prepare in accordance with the denied preliminary site plan and apply for final site plan review and approval. (6) Planning Board Decision on Preliminary Site Plan Application. a. Based upon its review of the preliminary site plan application and such recommendations as it may receive from the Planning Department and other agencies and departments, and comments from the public, the Planning Board shall accept, accept with modifications or deny the preliminary site plan application. G:\081611 \647- 108-131SitePlanReview.ph.doc b. The preliminary site plan approval shall be valid for one year from the date of approval. c. Upon written request by the applicant, the preliminary site plan approval may be extended for one additional year after due consideration by the Planning Board. C. Final Site Plan Review and Approval (1) Upon approval of a preliminary site plan by the Planning Board, or in the event the applicant wants wishes to proceed with a denied preliminary site plan, the applicant shall prepare and submit a final site plan to the Planning Department. (2) An application for final site plan approval shall be made on the form for the same provided by the Planning Department. Fourteen (14) copies, plus additional copies as may be required by other levels of government with iudsdiction over the site, of the application and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Planning Department. (3) Within thirty (30) days the Planning Department shall reiect any application if it is not so complete or in conformance, and shall notify the applicant as to the reason for such rejection. (4) Revisions to an approved final site plan or to elevations which significantly change the character or appearance of the project or which occur after the issuance of a certificate of occupancy shall require resubmission of an amended site plan and shall be charged accordingly. (5) The site plan shall be drawn to the following minimum scales: (a) Overall development plan sites of less than two acres: one inch equals 20 feet. (b) Overall development plan, sites of two acres or more: one inch equals 40 feet. (c) Detailed portions of a site plan, sites of any size: one inch equals 10 feet. D. Further Processinq. (1) If the application is complete, the Planning Department shall retain one copy of the submission and shall forward the remainder, within seven days, to the Town Clerk. The Town Clerk shall clock all elements of the final site plan application, shall retain one copy for the Town Clerk files and shall thereupon distribute the remaining copies for review and comment as follows: (a) One copy to the office of the Supervisor. (b) One copy to the Building Department. G:\081611\647- 108-131SitePlan Review.ph.doc (c) One copy to the Town Attorney, as appropriate. (d) One copy to the Town's consulting engineer as appropriate. (e) One copy each to the Highway Superintendent, Sewer District Superintendent and/or Water District Superintendent, as appropriate. (f) Two copies to the Fire Marshall. The Fire Marshall shall forward one copy to the Fire District. (.q) One copy to the Architectural Review Board, as appropriate. (h) One copy to the landmark preservation Committee as appropriate. (i) One copy to the Handicapped Advisory Committee, as appropriate. (i) One copy to the Town Engineer as appropriate. (k) Three copies to the New York State Department of Transportation, as appropriate. (I) Three copies to the Suffolk County Department of Public Works as appropriate. (m) One copy to the Central Pine Barrens Commission, as appropriate. (n) One copy to the Suffolk County Planning Commission, as appropriate. (o) An appropriate number of copies to any other appropriate agency or Town Department. (2) The Planning Department will, upon review and receipt of comments from those named herein, initiate any amendments or revisions to the final site plan, or its component parts, through discussion with the applicant or his or her representative, in accordance with the Town Code of the Town of Riverhead and the aesthetic standards desired by the Architectural Review Board. The Planning Department will then recommend approval, approval with modifications, or disapproval in a timely fashion such that within 62 days of receipt of said completed application by the Town Clerk the Planning Board shall approve, approve with modifications, or disapprove said final site plan and shall state its reason(s) for modifications or disapproval. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. E. The Building Department shall not issue a building permit for any site improvements which have not secured the required applicable Board site plan approval. In the event that the applicable Board requires modifications and the applicant agrees to same, the Building Department may thereupon issue a permit conforming to such modified plan without further submission to the applicable Board. F. Inspections. (1) Subsequent to site plan approval and the issuance of a building permit. It is the obligation of the applicant to call for site plan inspections upon the installations or construction of each of the following: (a) Drainage improvements prior to backfill. (b) Grading and site improvements prior to the first lift of paving. G:\081611\647- 108-131SitePlanReview.ph.doc (c) Post-construction prior to the issuance of a certificate. (2) An inspection fee of $250 per inspection must be paid prior to each inspection and/or reinspection. G. Fees (1) The applicant shall submit seventy-five percent 75% of the review fee set forth in subsection B of this paragraph with the preliminary site plan application. The remainder of the review fee shall be submitted with the application for final site plan approval. An application for preliminary site plan approval and/or final site plan approval shall not be deemed complete until all fees are paid. (2) For each site plan application submitted to the Planning Department under the provisions of this chapter, the review fee shall be $500, plus $0.10 per square foot of site improvements and/or altered area. The fee to review an application to amend a previously approved site plan shall be $500. In no instance shall a site plan review exceed $30,000. For either a preliminary site plan application or final site plan application to be deemed complete the appropriate fee must be paid. No review of a preliminary site plan or final site plan shall be undertaken until the appropriate fee is paid. (3) Revisions to a site plan or to elevations which significantly change the character or appearance of the project or which occur after the issuance of a certificate of occupancy shall require resubmission of an amended site plan and shall be charged accordingly. H. Effective Date (1) The requirements of subsections A and B of this section shall only be applicable to applications received after the effective date of those subsections and no application received prior to the enactment of subsections A and B shall be subject to preliminary site plan application or public hearinq process. · Underline represents addition(s) ,, Strikethrough represents deletion(s) Dated: Riverhead, New York August 16, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK G:\081611\647- 108-131SitePlanReview.ph.doc