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HomeMy WebLinkAboutTOR RES 884 Amend Chapter 108DEC 8 2011 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 8, 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 December 6, 2011 Res. #884 -ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 OF THE TOWN CODE OF THE TOWN OF RIVERHEAD ENTITLED "ZONING" (Site Plan Review-Application procedure; fees) 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.~26_0 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. l, Yilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer RECEIVED DEC 8 2011 ~outhold To~vn December 8, 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# 884 from Town Board Meeting 12.6.11) 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 12.06.2011 ADOPTED 110884 TOWN OF RIVERHEAD Resolution # 884 ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 OF THE TOWN CODE OF THF TOWN OF RIVERHEAD ENTITLED~ "ZONING" (Site Plan Review - Application procedure; fees.) Councilman Wooten offered the following resolution, which was seconded by Councilman Gabrielsen WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons 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; and WHEREAS, a public hearing was held on the 18th day of October, 2011 at 7:05 o'clock p.m. at Riverhead 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 a local law to repeal and replace Article XXVI. Site Plan Review of Chapter 108 entitled "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 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 r-~No Gabrielsen [~Yes r-]No Wooten [~Yes E~No Dunieavy []Yes r-]No Walter [~Yes r-]No The Resolution Was [] Thereupon Duly Declared Adopted G:\120611 \884 - TA 108-131 RepealReplace ado.doc 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 108 entitled, "Zoning" of the Riverhead Town Code at its regular meeting held on December 6, 2011. Be it enacted bythe Town Board of the Town of Riverhead as follows: CHAPTER 108 ZONING ARTICLE XXVI. Site Plan Review § 108-131. Application procedure; fees. G:\120611\884 I TA 108-131 RepealReplace ado.doc v-v ......vz .............. ~ .----v.-,.ment. G:\I20611\884 - TA 108-131 RepealReplace ado.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 Zoninq Code compliance, general engineering suitability and aesthetic compatibility. Said review shall be a process between the Planning Department staff and the project designer(s), with no time limitation or fee imposed. Plans shall include such drawings as shall G:\120611\884 - TA 108-131 RepealReplace ado.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 Planninq Department. Fourteen (14) copies, plus additional copies as may be required by other levels of government with iurisdiction 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 reiect any preliminary site plan application if it is not so complete or in conformance, and shall notify the applicant in writing as to the reason for such reiection. Upon a determination that a preliminary site plan application is complete the Planning Department shall notify the applicant in writinq 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 determininq that a preliminary site plan application is complete; the Planninq Department staff shall review the application and issue a wdtten 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 hearinq agenda for presentation by the applicant to the reviewinq board. G:\1206l 1\884 - TA 108-131 RepealReplace ado. doc (5) Public Hearing 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 Planning Department shall cause notice of such hearing to be made by publication at least 10 days prior to such hearinq 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 adiournment date. The applicant shall file an affidavit with the Planning Department that he/she has complied with the provisions of this section prior to the opening of the public hearing. 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 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 Planning Department prior to the public headng. No additional mailing shall be required for an adiournment. e. At the public hearing the applicant shall present the preliminary site plan to the reviewihg boardl The revie~in~ board shall revi~wthe preii~in~ site pian application, the Planning Department written report, comments from any other agencies, and receive comments from the public. The reviewing board shall receive written comments for ten (10) days following the close of the public hearing. Wdtten 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. 0:\120611\884 - TA 108-131 RepealReplace ado. doc 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 reviewing 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 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 iurisdiction over the site, of the application and any other submission or exhibit required bv 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 reject any application if it is not so complete or in conformance, and shall notify the applicant as to the reason for such reiection. (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 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 Processing. (1) If the application is complete, the Planning Department shall retain one copy of G:\120611 \884 - TA 108-131 RepealReplace ado. doc 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 consultinq engineer as appropriate. (e) One copy each to the Hiqhway Superintendent, Sewer Distdct 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. (j) 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 reviewin.q 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 reviewing 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. G:\120611\884 - TA 108-131 RepealReplace ado,doc (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) Drainaqe improvements prior to backfill. (b) Grading and site improvements prior to the first lift of paving. (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. · Underline represents addition(s) · Overstrike represents deletion(s) Dated: Riverhead, New York December 6, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk G:\120611\884 - TA 108-131 RepealReplace ado. doc Town of Riverhead Local Law# 24-201 CHAPTER 108 ZONING ARTICLE XXVI, Site Plan Review § 108-131. Application procedure; fees. 1 ................ , ...... r'r ............ r ................... itc ...... /"~ ~ .... '~;~"°*; ..... '~ ......... ~ The time ,,,~*~'~ .... ~,~,,~, ,~,~, T ..... fee f $250 '-'"" ALL ABOVE "STRIKE-OUT" TEXT TO BE DELETED AND REPLACED WITH TEXT BELOW: 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 engineering suitability and aesthetic compatibility. Said review shall be a process between the Planning Department staff and the project designer(s), with no time limitation or fee imposed. Plans shall include such drawings as shall 3 clearly 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. 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 in writing 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 in writing 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 Planning 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 Hearing 4 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 Planning Department shall cause notice of such hearing to 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 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 adjournment date. The applicant shall file an affidavit with the Planning Department that he/she has complied with the provisions of this section prior to the opening of the public hearing. 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 200 feet of the borders of the property which is the subject 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 Planning Department 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 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 reviewing 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. Upon written request by the applicant, the preliminary site plan approval may be extended for one additional year after due consideration by the reviewing 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 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 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 reject 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 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 remaining 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. (g) 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. (j) 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 D~part~ent wi!! then re~0m~end appro~a!, appro~! 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 reviewing 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. 7 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. (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.