HomeMy WebLinkAboutTOR RES 724 Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
September 22, 2011
Suffolk County Planning Department
El. 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 September 20, 2011
Res. #724 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC A NOTICE TO
CONSIDER A LOCAL LAW TO REPEAL AND REPLACE ARTICLE XXVI. SITE PLAN REVIEW OF
CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at
Ext. 260
Sincerely,
Diane M. Wilhelm
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. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
September 22,2011
We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it
to the Office of the Riverhead Town Clerk. (Resolution# 724 from Town Board Meeting 9.20.11)
Sincerely,
Diane M. Wilhelm
Town Clerk
Signature:
DW:cd
date:
200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034
09.20.2011
110724
ADOPTED
TOWN OF RIVERHEAD
Resolution # 724
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO REPEAL AND REPLACE ARTICLE XXVI.
SITE PLAN REVIEW OF CHAPTER 108 ENTITLED "ZONING" OF THE
RIVERHEAD TOWN CODE
Councilman Gabrielsen offered the following resolution,
which was seconded by Councilwoman Giglio
RESOLVED, that the Town Clerk 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
September 29, 2011 issue of the News-Review, the newspaper hereby designated as
the official newspaper for this purpose, and post same on the sign board at Town Hall;
and be it further
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a certified copy of
same may be obtained from the Office of the Town Clerk.
THE VOTE
Giglio [~;~Yes [-]No Gabrielsen [~Yes ['-]No
Wooten [~Yes I-]No Dunleavy [~Yes [-]No
Walter [~Yes r-]No
The Resolution Was [] Thereupon Duly Declared Adopted
TOWN OF RIVERHEAD
PUBLIC NOTICE
PLEASE TAKE NOTICE that a public headng will be held before the Town
Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue,
Riverhead, New York, on the 18th day of October, 2011 at 7:05 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.
All
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Ai: 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 engineering suitability and aesthetic compatibility. Said review shall be a
process between the Planning Department staff and the proiect designer(s), with
no time limitation or fee imposed. Plans shall include such drawings as shall
clearly represent those structural, topographical and desiqn 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 of this Code.
(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 the agencies listed in section 108-131 (D) (1) of this Code
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 review by the appropriate reviewing board as
set forth in this Code. A site plan shall be acceptable for board review when the
proposed site plan contains all the information necessary for the reviewing board to
undertake a review and all the information depicted in the site plan is accurate. If
the Planninq Department determines that the preliminary site plan is not acceptable
for 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 board review it shall place the preliminary site
plan on the reviewing board's public hearing agenda for presentation by the
applicant to the reviewing board.
(5) Public Headng
a. Upon a determination that a preliminary site plan is acceptable for board
review the reviewing board shall hold a public hearing to consider the application.
b. The Planninq Department shall cause notice of such hearing shall be made by
publication at least 10 days prior to such headng 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 facinq each
public street to which the property abuts, giving notice that an application has
been made to the Town of Riverhead Town Board or the Town of Riverhead
Planning Board as appropriate, 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 Department 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
adioumment date. The applicant shall file an affidavit with the Planning
Department that he/she has complied with the provisions of this section pdor to
the opening of the public hearing.
d. In addition, the applicant shall mail notice of the public headng date, at least
10 days prior thereto, to every property owner, as shown on the current Town of
Riverhead assessment rolls, of parcels within 200 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 mailing notification. Such proof shall be
submitted to the Plannin.q Department prior to the public hearing. No additional
mailing shall be required for an adiournment.
e. At the public hearing the applicant shall present the preliminary site plan to the
reviewing board. The reviewing 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 reviewinq board shall
receive written comments for ten (10) days following the close of the public
hearing. Written comments shall be sent by U.S. Mail, delivery service or hand
delivered to the Town Clerk.
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) 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 reviewing board
shall accept, accept with modifications or deny the preliminary site plan
application.
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 reviewin.q
board.
C. Final Site Plan Review and Approval
(1) Upon approval of a preliminary site plan by the reviewing board, or in the event
the applicant elects to proceed with a denied preliminary site plan, the applicant
shall prepare and submit a final site plan to the Plannin.q 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 jurisdiction 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 of receipt of a final site plan 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 proiect 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 followinq 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 Processing.
(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
remaininq copies for review and comment as follows:
(a) One copy to the office of the Supervisor.
(b) One copy to the Building Department.
(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 governmental
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 appropriate reviewing 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 reviewinq board.
E. The Buildinq 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 buildinq 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.
(c) Post-construction pdor 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 proiect 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.
· Underline represents addition(s)
,, Strikethrough represents deletion(s)
Dated: Riverhead, New York
September 20, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK