HomeMy WebLinkAboutTOR RES 67 & 68 Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
January20, 2012
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolutions which were adopted by the
Riverhead Town Board at a Regular Town Board meeting on January 18, 2012
Res. #67- AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 52 ENTITLED "BUILDING CONSTRUCTION"
OF THE RIVERHEAD TOWN CODE
Res. #68- AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 95 ENTITLED "TAXATION" 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
Janua~ 20,2012
We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it
to the Office of the Riverhead Town Clerk. (Resolution# 67 & 68 from Town Board Meeting 1.18.12)
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
RECEIVED
date:
JAN 2 0 2012
~o~thold To~vn
200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034
01.18.12 ADOPTED
120067
TOWN OF RNERHEAD
Resolution # 67
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER
A LOCAL LAW TO AMEND CHAPTER 52 ENTITLED "BUILDING CONSTRUCTION" OF
THE RIVERHEAD TOWN CODE
Councilman Wooten offered the following resolution,
which was seconded by Councilwoman Gi.qlio
RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to
consider a local law to amep~ Chapter 52 entitled, "Building Construction "of the PJverhead Town
Code once in the January 26, 2012 issue of the News-Review Newspaper, the newspaper hereby
designated as the oifidal newspaper for this purpose, and also to cause a copy of the proposed
amendment to be posted on the sign board of the Town; and be it further
RESOLVED, ail 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 E~]No Gabrielsen ABSENT
Wooten [~Yes r-]No Dunleavy ABSENT
Walter [~Yes [-]No
The Resolution Was [] Thereupon Duly Declared Adopted
TOWN OF
RIVERHEAD NOTICE
OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public heating will be held before the Town Board of the
Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 7~ day
of February, 2012 at 2:10 o'clock p.m. to amend Chapter 52, entitled "Building Construction" of the
Riverhead Town Code.
Be it enacted bythe Town Board of the Town of Riverhead as follows:
CHAPTER 52
Building Construction
§ 52-1. New York State Uniform Fire Prevention and Building Code, General Provisions,
Definitions.
A. Uniform Code.
Those rules and regulations promulgated pursuant to Article 18 of the Executive Law of the State
of New York, collectively known as the "New York State Uniform Fire Prevention and Building
Code," are applicable to all buildings and construction in the Town of Riverhead; said rules and
regulations are hereinafter referred to in this chapter as the "Uniform Code" or the Uniform
Building Code.
B. Violations of the Uniform Code.
Any construction as defined herein resulting in a violation of the provisions of the Uniform
Code, as promulgated pursuant to Article 18 of the Executive Law of the State of New York~
shall be deemed a violation of this section and subject to an,/orders, requirements and penalties
pursuant to New York State Executive Law Section 382 entitled Remedies.
C. Scope.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
chapter, have the meanings defined herein.
iD. Interchangeability.
Words used in the present tense include the future; words stated in the masculine gender include
the feminine and neuter; the singular number includes the plural and the plural, the singular.
E. Terms defined in other codes.
Where terms are not defined in this code and are defined in the "Uniform Code," such temps
shall have the meanings ascribed to them.
F. Terms not defined.
Where terms are not defined through the methods authorized by this Chapter, this Code or by the
Uniform Code, such terms shall have the ordinarily accepted meanings such as the context
implies.
G. Definitions.
ADDITION. Any Construction which results in an extension or increase in floor area, number of
stories, or height of a building or structure. For the purposes of this definition an addition shall
also mean adding any component(s), device(s) or equipment to an existing electrical, plumbing
or mechanical system within or upon any building, structure or premise.
ALTERATION. Any construction or renovation to an existing building or structure other than an
"ordinary repair" or "addition" as defined herein. Alterations are further identified pursuant to
the "Uniform Code" and classified as Level 1, Level 2 and Level 3. For the purposes of this
definition an alteration shall also include altering the location or the addition of any electrical,
plumbing or mechanical system component(s) or device(s) with regard to their existing location
within or upon any building, structure or premise.
ALTERED. See Alteration.
ACCESSORY STRUCTURE, BUILDING. See chapter §108-3 of this code specifically,
"ACCESSORY BUILDING, STRUCTURE OR USE.
APPROVED. Acceptable to the code enforcement official or other authority having jurisdiction.
BUILDING. Building shall mean a structure having a roof supported by walls that is used, or
designed or intended to be used for human habitation or occupancy.
BUILDING INSPECTOR. An employee of the Town of Riverhead Building Department who
currently holds the title and certification of a "New York State Code Enforcement Official" as
designated by the "Department of State Division of Code Enforcement and Administration" who
is charged with the administration and enforcement of this chapter.
BUILDING DEPARTMENT ADMINISTRATOR. See "Building Inspector" as defined herein.
CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building,
structure or premise that involves a change in application of the requirements the Uniform Code
and or this code.
CODE. The Code of the Town of Riverhead.
CODE ENFORCEMENT OFFICIAL. The officer or other designated authority that currently
holds the title and certification of a "New York State Code Enforcement Official" as designated
by the "Department of State Division of Code Enforcement and Administration", who is charged
with fl~e enforcement of this chapter.
CONSTRUCTION. To tbrm by assembling or combinin~ any materials, by building or erecting.
CONSTRUCTION TRAILER. A portable building designed to be transported after fabrication
on its own wheels or on flatbed, used primarily as a temporary office for the purpose of
monitoring construction at a construction site.
DEMOLITION. The act of removin~ "structural components" as defined in this chapter and or
the removal of any electrical, plumbing or mechanical system within a building or structure by
disassembling or tearing down.
DWELLING. Any building that contains one or two dwelling units used, intended, or designed
to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living
purposes.
DWELLING UNIT. A single unit providing complete independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation. Dwelling units include, but are not limited to, one-family dwellings, each unit in a
two-family dwelling, each unit in a multiple singJe-family dwelling (townhouse), and bed and
breakfast dwellings.
ELECTRICAL INSPECTOR. An employee of the Town of Riverhead Building Department who
currently holds the title of Electrical Inspector 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 administration and enforcement of this chapter.
ENLARGED. See Addition.
EXTENDED. See Addition.
ORDINARY REPAIR. The restoration to good or sound condition of an existing part of any
building or structure for the purpose of its maintenance. For the purpose of this definition an
ordinary repair shall not be deemed an alteration, addition, demolition, and new construction or
cause the removal of any "structural component(s)" or result in a "change of occupancy" as
further defined herein. For the purpose of this definition any ordinary repair performed without
the benefit of a building permit and approval thereof shall comply with the uniform code and
shall not cause any building or structure to become less conforming or less safe than it was prior
to the repair.
OWNER. Any person, agent, operator, finn or corporation having a legal or equitable interest
in the property; or recorded in the official records of the state, county or municipality as holding
title or deed to the property; or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or 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 buildings,
structures thereon.
RENOVATION. See "Alteration".
REPLACEMENT SID1NG. The process of removing existing siding or cladding. Replacement
siding or cladding can also be the installation of new siding or cladding over existing siding or
cladding. For the purpose of this definition replacement siding shall not cause any building or
structure to become less conforming or less safe than it was prior to the repair.
REROOFING. The process of recovering or replacing an existing roof covering. See "Roof
recover."
RESIDENTIAL PREMISES. A residential premises shall be any parcel of real estate, used or
intended for residential purposes, whether platted or un-platted in which a dwelling or dwelling
unit is situated upon. For the purpose of this definition a residential premise shall not be a Motel,
Hotel, Dormitory or Country Inn which are further defined in this code.
ROOF RECOVER. The process of installing an additional roof covering over a prepared existing
roof covering without removing the existing roof coveting.
ROOF DECK. The flat or sloped surface not including its supporting members or vertical
supports.
SID1NG. The covering of the outside walls ora building or structure with materials including bnt
not limited to boards, shingles or vinyl and includes RECLADD1NG which is covering of the
outside walls of a building or structure with materials including but not limited to masonry,
glass, stone, concrete, metal, stucco and fiberglass products.
STRUCTURE. That which is built or constructed or a portion thereof.
STRUCTURAL COMPONENT. Component(s) or material(s) within a building or structure that
carry vertical or lateral loads, i.e. live loads, dead loads, snow loads.
WALL, RETAINING. A wall not laterally supported at the top that resists lateral soil loads and
other imposed loads.
WALLS. Walls shall be defined as follows:
Load-beating wall is a wall supporting any vertical load in addition to its own weight.
Nonbearing wall is a wall which does not support vertical loads other than its own
weight.
§ 52-6. Application for building permit.
tho
A. No person, owner, firm, agent, contractor or corporation shall commence any work to be
done which may cause an "Addition", "Renovation", "Demolition", "Alteration", "Roof Deck
Replacement", new "Construction" or "Change of Occupancy" as defined herein of any building
or structure upon any premise thereof without first obtaining a building or demolition permit
separate and distinct from that required by Chapter §73 and §108 of this code entitled
"Landmarks Preservation" and "Zoning", from the Building Inspector for each such building or
structure where work or construction is being performed.
B. Exempted from the provisions of §52-6 subsection (A) above is any construction
resulting in any of the following and further defined in this chapter:
(1) Ordinary Repairs, Except that any work to an existing electrical system, device or part
thereof must comply with §52-6 (M) entitled Electrical Permits of this chapter.
(2) "Reroofing".
(3) "Roof Recover".
(4) "Replacement Siding".
(5) "Retaining walls", less than 4 feet in height.
(6) "Construction trailers" provided that said trailers are removed upon completion of the
work associated therewith or upon the expiration of the building permit whichever is the
latter.
(7) Nothing herein is intended to conflict with the exemption from obtaining a building
permit for "accessory buildings and structures" set forth in various sections of chapter
§108 Entitled Zoning of this code.
C. The exemption from the requirement to obtain a building permit for work in an,/category
set forth in Subsection B of this section shall not be deemed an authorization for work to be
performed in violation of the Uniform Code, or the Code of the Town of Riverhead.
B:. iD~. Application for a building permit shall be made to the Building Inspector on forms
provided by him.
C=. E_~. Copies of plans and specifications and a plot plan in accordance with the requirements of
the Zoning Ordinance No. 26,EN Town of Riverhead, shall accompany every application for a
permit and shall be filed in triplicate.
~X. F_. Plans shall be drawn to scale upon substantial paper or cloth, and the essential parts shall
be drawn to a scale of not less than 1/8 inch to one foot. In addition, the following dimensions
shall be included: [Amended 7-21-1998]
(1) Area of property, as expressed in square feet.
(2) Percent of building area.
(3) Area of proposed building or addition, as expressed in square feet.
(4) Height (from grade to ridge).
(5) Area of proposed decks, as expressed in square feet.
(6) Private garage, as expressed in square feet.
E~. G__:. All plans and specifications shall be of sufficient clarity to indicate the nature and
character of the work proposed and show that the code will be complied with throughout.
Computations, strains sheets, stress diagrams and other data necessary to show the correctness of
the plans shall accompany same when required by the Building Inspector.
~. H__~. Application shall be made by the owner or lessee, or agent of either, or by the architect,
engineer or builder employed in connection with the proposed work. Where such application is
made by a person other than the owner, it shall be accompanied by an affidavit of the owner or
aplplicant that the proposed work is authorized by the owner and that the applicant is authorized
to make such application.
G:. I_. Plans and specifications shall bear the signature of the person responsible for the design
and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law
of the State of New York, the seal of a licensed architect or a licensed professional engineer.
~. J_. Amendments to the application or to the plans and specifications accompanying the same
may be filed at any time prior to the completion of the work, subject to the approval of the
Building Inspector.
~. K~ The development of a lot within a residential or agricultural zoning use district shall
conform to the following standards in the consideration ora building permit: [Added 1-17~1995]
(1) Stormwater runoff or natural drainage shall not be diverted so as to overload
existing drainage systems, create flooding, cause erosion or cause the need for additional
drainage facilities on other private or public real property.
(2) Adequate drainage facilities for stormwater runoff shall be provided.
(3) Proposed slope embankments along adjoining property lines and street frontages
shall have a slope not greater than 33 1/3% unless adequate stabilization or a retaining wall is
provided. All slopes shall be adequately stabilized with topsoil and seeding or other approved
planting.
(4) Front and rear yards shall have a grade of not more than 5% for a distance of 25
feet, as measured in a horizontal plane from the structure. Side yards shall have a grade of not
more than 10% for a distance of 10 feet, as measured in a horizontal plane from the structure. All
finished grades within 10 feet of the structure shall pitch away from the structure at a grade rate
of not less than 2%.
(5) The required driveway apron shall be a minimum of 1 1/2 feet below the elevation
of the finished floor of the proposed structure.
(6) Notwithstanding the foregoing provisions of this section, the Building Department
may waive or modify compliance with any of the foregoing minimum standards, subject to
appropriate conditions which in the judgment of the Town Engineer are not warranted by special
circumstances.
(7) No person, firm or corporation shall commence the installation, extension,
modification or removal of any electrical system or parts thereof without first filing an electrical
application with the Building Department. [Added 5-2-1995 by L.L. No. 3-1995]
k L_. The Building Department may approve, disapprove or approve with modification the
application for a building permit based upon the standards provided for in this chapter. [Added
17-1995]
(I) lin the event that the Building Department determines that the information
required pursuant to § 52-6 of the Code of the Town of Riverhead is inadequate to ascertain
whether or not the applicant can or will comply or has complied with this chapter, it may require
the applicant to submit to the Building Department a topographical survey prepared by a
registered land surveyor or registered professional engineer showing the following:
(a) The existing topography at two-foot intervals.
(b) The proposed regrading plan at two-foot intervals.
(c) Test borings.
(d) ]t~e proposed structure or other on-site improvements in sufficient detail
to determine compliance with this chapter.
(e) Elevations of the proposed structures.
(-2~) M. Electrical Permits.
A_~n application for an electrical permit must be submitted and approved by the Electrical
Inspector for the installation, ~ ........ on Alteration, ............... Addition, removal or demolition
as defined in this chapter of any electrical systems or parts thereof, said application shall be
made to the Electrical Inspector on forms provided by him. Such forms shall contain information
as may reasonably be required by the Electrical Inspector to establish compliance with the
applicable ordinances, ~ regulations and the Uniform Code. A fee schedule will be determined
by resolution of the Town Board of the Town of Riverhead. Nothing herein shall be construed as
prohibiting ordinary repairs as defined in this chapter of an electrical system or device by an
owner of residential premises as defined in this chapter on his or her own property. [Added 5-2-
1995 by L.L. No. 3-1995; amended 3-3-1998]
~ (1) Consistent with the provisions of Chapter 86, the Electrical Inspector shall interpret
electrical permit applications for single-family dwelling units and/or their accessory structures
which propose the installation of more than one electric meter as being in conflict with the
provisions of the Town Code of the Town of Riverhead. Therefore, electrical permit applications
proposing the installation of two or more electric meters for single-family dwelling units and/or
their accessory structures shall be denied by the Building Department Administrator or his
designee, unless the applicant can demonstrate that the location of the principal structure to the
accessory structure is such that the electrical service requires two or more meters, and the
applicant completes an affidavit attesting to single-family use in confbrmance with the applicable
zoning district. Applicants may seek relief from the denial of such applications based upon this
interpretation from the Zoning Board of Appeals. [Added 6-19-2007 by L.L. No. 18-2007;
amended 6-17-2008 by L.L. No. 18-2008]
· Overstrike represents deletion(s)
Underscore represents addition(s)
Dated: Riverhead, New York
January 18, 2012
BY THE ORDER OFTHE TOWN
BOARD OF THE TOWN OF
RIVERHEAD
DIANE M. WILHELM, Town Clerk
01.18.12
120068
TOWN OF RIVERHEAD
Resolution # 68
ADOPTED
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 95 ENTITLED
"TAXATION" OF THE RIVERHEAD TOWN CODE
(§95-36 Exemptions granted & §95-38 Unremarried spouses of volunteer
ambulance workers killed in line of duty)
Councilwoman Gi.qlio offered the following resolution,
which was seconded by Councilman Wooten
RESOLVED, that the Town Clerk be and is hereby authorized to publish the
attached public notice to consider a proposed local law to amend Chapter 95 entitled
"Taxation" of the Riverhead Town Code once in the January 26, 2012 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 E]No Gabrielsen ABSENT
Wooten [~Yes I--]No Dunleavy ABSENT
Walter [~Yes I--]No
The Resolution Was [] Thereupon Duly Declared Adopted
TA RESOLUTIONS\I-18-12 Setting Public Headng to Amend Chap.95 Taxation §95-36 & §95-38
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 7TM day of February, 2012 at 2:15 o'clock p.m. to consider
a local law amending Chapter 95 entitled "Taxation" of the Riverhead Town Code as
follows:
CHAPTER 95
TAXATION
ARTICLE VIII. Exemption for Volunteer Fire Fighters and
Volunteer Ambulance Workers
§95-36. Exemptions granted.
G. Any enrolled member of an incorporated volunteer fire company, fire department or
incorporated voluntary ambulance service who accrues more than twenty years of active
service and is so certified by the authority having iudsdiction for the incorporated volunteer tim
company, fire department or incorporated voluntary ambulance service, shall be granted the
ten percent exemption as authorized by this section for the remainder of his or her life as Ionq
as his or her primary residence is located within such a county provided that the .qoveming
body of a city, village, town, county or school district, after a public headng, adopted a local
law, ordinance or resolution providing therefor.
§95-38. Unmarried spouses of volunteer flrefighters or volunteer ambulance workers
killed in line of duty.
~"" ['""":'] [ .... or ~-~; ...... ,~,.~.,..,4 Ppursuant to and consistent with §§ A~ .,~ ..
'~.......,~' ~..v'~ v," ~,.....4.. or '~......." 466-f of the New York State Real Property Tax Law may
~. ..... ,~..,4 ~.~ ~ ~.~.~, , ...... ,~ ..... or .... "'*~ ...... ~.....,~....,..,4 the Town Board
hereby grants an exemption to an un-remarried spouse of a deceased enrolled member
incorporated volunteer fire company, fire department, or incorporated volunteer
ambulance service, tc .... ~ '~ ...... ~ .... ,,.~ .~.~.~s~., .......... $~ ....... if such
member is killed in the line of duty; provided, however, that:
Such unremarried spouse is certified by the authority havinq iurisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service as an unremarried spouse of an enrolled member of such
incorporated volunteer fire company, fire department or incorporated voluntary
ambulance service who was killed in the line of duty; and
TA RESOLUTIONS\l-18-12 Setting Public Hearing to Amend Chap.95 Taxation §95-36 & §95-38
Such deceased volunteer had been an enrolled member for at least five years; and
Such deceased volunteer had been receiving the exemption prior to his or her death.
§95-38.1. Unremarried spouses of deceased volunteer fireflghters or volunteer
ambulance workers.
Pursuant to and consistent with .~ 466-h of the New York State Real Property Tax Law
the Town Board does hereby grant a continuation of
.... z ....~- ...... ~ ,~....~. ................ an exem on or reinstate a preexisting
exemption to an unremarried spouse of a deceased enrolled member of the
incorporated volunteer fire company, fire department or incorporated voluntary
ambulance service; provided, however, that:
Such unremarried spouse is certified by the authority having [urisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service as an unremarried spouse of a deceased enrolled member of such
incorporated volunteer fire company, fire department or incorporated voluntary
ambulance service.
Such deceased volunteer had been an enrolled member for at least 20 years.
Such deceased volunteer and unremarded spouse had been receiving the exemption
for such property prior to the death of such volunteer.
· Underline represents addition(s)
· Stdkethrough represents deletion(s)
Dated: Riverhead, New York
January 18, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
TA RESOLUTIONS\l-18-12 Setting Public Hearing to Amend Chap.95 Taxation §95-36 & §95-38