HomeMy WebLinkAboutTOR RES 205 & 239 Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
March 22, 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 March 20, 20t2
Res. #205- AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 88 ENTITLED "SEWERS" OF
THE RIVERHEAD TOWN CODE
Res. #239-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE
RIVERHEAD TOWN CODE (ARTICLE X×III RESIDENCE RC DISTRICT)
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
March 22,2012
We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it
to the Office of the Riverhead Town Clerk. (Resolution# 205 & 239 from Town Board Meeting
3.20.12)
Sincerely,
Diane M, Wilhelm
Town Clerk
Sig natu re:~d~~~~~date:~
DW:cd
200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)2084034
03.20.12
120205
TOWN OF RIVERHEAD
Resolution #205
ADOPTED
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 88 ENTITLEI3
"SEWERS" OF THE RIVERHEAD TOWN CODF
Councilman Dunleavy offered the following resolution,
which was seconded by Councilman Wooten
RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to
consider a bcal law to amend Chapter 88 entitled, "Sewers" of the Riverhead Town Code once in
the March 29, 2012 issue of the News-Review Newspaper, the newspaper hereby designated as
the official 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, 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 r-]No Gabrielsen [~Yes E]No
Wooten [F~]Yes i-]No Dunleavy []Yes E]No
Walter []Yes I--]No
The Resolution Was [] Thereupon Duly Declared Adopted
TOWN OF
RIVERHEAD
NOTICE OF PUBLIC
ItEARING
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the
Town at Rivethead at Riverhead Town Hail, 200 Howell Avenue, Riverhead, New York, on the 17®
day of April, 2012 at 7:05 o'clock p.m. to amend Chapter 88, entitled "Sewers" of the Riverhead Town
Code.
Be it enacted bythe Town Board of the Town of Riverhead as follows:
CHAPTER 88
SEWERS
§ 88-3. Filing of irrevocable letter of credit; insurance.
A. An authorized drainlayer shall file with the Town Clerk a proper and acceptable
irrevocable letter of credit or other equivalent security in a form approved by the Town
Attorney and adopted by resolution of the Town Board, in the amount of $5,000,
which irrevocable letter of credit or other equivalent security shall remain in full force
and effect for at least one year from the date of the last work done by that particular
drainlayer.
Overstrike represents deletion(s)
Underscore represents addition(s)
Dated: Riverhead, New York
March 20, 2012
BYTHE ORDER OFTHE TOWN
BOARD OF ~ TOWN OF
R1VERHEAD
DIANE M. WILHELM, Town Clerk
03.20.12
120239
TOWN OF RIVERHEAD
Resolution # 239
ADOPTED
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICF
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED
"ZONING" OF THE RIVERHEAD TOWN CODF
(ARTICLE XXIII RESIDENCE RC DISTRICT)
Councilman Gabrielsen offered the following resolution,
which was seconded by Councilwoman G .q o
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 108 entitled
"Zoning" Article XXIII Residence RC District of the Riverhead Town Code once in the
March 29, 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 Hail 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 r-INo Gabrielsen [~]Yes r-]No
Wooten [~Yes r-]No Dunleavy [~Yes E]No
Walter J~Yes ~--INo
The Resolution Was [] Thereupon Duly Declared Adopted
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Page I
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 17th day of April, 2012 at 7:15 pm o'clock p.m. to consider
a local law amending Chapter 108 entitled "Zoning" of the Riverhead Town Code as
follows:
CHAPTER 108
ZONING
ARTICLE XXlll. Residence RC District
(Retirement Community)
§108-t16. Purpose.
It is the purpose of this article to implement the recommendations of the Master-Plan
Comprehensive Plan to permit the construction of high density living accommodations
................. ~ ............................. ~. ......... ~ht... with suitable facilities and
services that are sufficiently adequate to provide seniors and disabled older individuals
with comfortable and safe home-like housing in a congregate setting wh e providing a
continuum of care that allows seniors and older individuals to age in place, and tn
further provide services that encourage personal independence and enhance the quality
of life. In addition, it is the intent of the Town Board to provide a diversity of housing
types to be located in close proximity to shopping, medical offices, public services and
public transportation. Particular development applications made pursuant to this zoning
use district will require the transfer of development rights pursuant to Article LXII of this
chapter.
§108-117. Definitions.
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The followinq terms, phrases, words and their derivatives shall have the meanings given
herein:
Affordable Assisted Livin.q Retirement Community or Continuin.q Care Retirement
Community - an Assisted Living Retirement community or Continuing Care Retirement
Community in which a minimum of seventy-five percent (75%) of the residents thereof
have an income at or less than one hundred and ten percent (110%) of median
household income for the county of Suffolk as determined by the United States Census
Bureau
Assisted Livin.q Retirement Community - A facility which provides for a combination
of the following land uses:
(i) Adult Care Facility
(i~)
A facility that provides residential care and services either as an adult home,
an enriched housing program or family type home for adults authorized and
enabled by the New York Social Services Law Section 461-b for senior
individuals sixty-five (65) years and older who ars unable to live
independently.
Adult Day Care Facility
A non-residential program of services for seniors that provides opportunities
for social interaction, recreational facilities, meals, transportation and personal
car and supervision for those seniors with functional limitations and
disabilities on a non-residential basis.
(iii) Assisted Living Residence
A facility consisting of dwelling units that is certified by the New York State
Department of Health to provide residential long term care, supervision and
services which include case management, twenty four (24) hour on site
monitoring, meals, housekeeping, laundry services, recreational and social
activities, wellness and transportation for those seniors sixty five (65) years of
age and older who need assistance with daily living activities as authorized
and mandated by New York Public Health Law, Article 46B.
Continuing Care Retirement Community - A facility that consists in both independent
and assisted residences or.qanized in a conqrs.qate setting which provides personal
care and supervision and other services for seniors sixty-five (65) years or older as
authorized and mandated by the New York Public Health Law, Article 46A. Those uses
and services provided within an Assisted Living Retirement Community shall also be
provided within a Continuing Cars Retirement Community. Assisted Living Residences
shall constitute no less than forty percent (40%) of the total number of units within a
Continuing Cars Retirement Community to be constructed simbltaneously with
Independent Living Residences.
Conventional Assisted Living Retirement community or Continuing Care
Retirement Community - An Assisted Livin.q Retirement Community or a continuin.q
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Care Retirement Community which is not considered an affordable community such that
income limits are not imposed.
Section 108-117.1 - Uses
In the Residence RC District (Retirement Community), no building, structure or
premises shall be used or arranged or designed to be used and no building shall be
hereafter erected, reconstructed or altered or occupied, unless otherwise provided in
this chapter for the following specially permitted uses:
One family dwelling units, either attached or detached, designed to provide living
accommodations for persons "....-, .... *~'..,.- .... .~....,~'~ ~¢*".,..~ ~"~',,... ~....j/~ :,'oars fifty-five years of
age or older.
B. Assisted Livinq Retirement Community
C. Continuing Care Retirement Community.
Accessory Uses. Accessory uses shall include structures, buildings or
improvements which are located on the same lot as the principal use and are
customarily incidental to the principal use and designed for the sole use of the
residents of the community or their .quests,
Section 108-118- General Lot, Yard, Dimensional, Yield and Height Requirements
No building shall be erected nor any lot or land area utilized unless in conformity
with the Zoning Schedule incorporated into this chapter by reference and made a
part hereof with the same force and effect as if such requirements were herein
set forth in full as specified in said schedule, except as may be hereafter
specifically modified. The as-of~right development yield for dwellinq units for
persons fifty-five (55) years of age or older shall not exceed one dwelling unit per
40,000 square feet of land area without the use of transferred development dghts
pursuant to Article LXII of the Riverhead Zonin.q Ordinance.
There shall be dimensional requirements for all residential units within the
Residence RC Zoning Use District to wit; independent dwelling units within a
Continuing Care Retirement Community shall not exceed 1200 square feet and
shall not be less than 600 square feet. All other units within either an Assisted
Living Retirement Community or a Continuing Care Retirement Community shall
not exceed 1,050square feet and shall not be less than 600 square feet. There
shall be a maximum of two bedrooms for all residential units within either an
Assisted Livinq Retirement Community or a Continuing Care Retirement
Community.
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The development yield for all residential units within either an affordable Assisted
Living Retirement Community or an affordable Continuinq Care Retirement
Community shall be as follows:
(i)
Independent living un ts shall not exceed four ('4) dwelling units per 40,000
square feet of real property.
(ii)
Assisted living units shall not exceed eight (8) units per 40,000 squarn
feet of real property.
The development yield for all residential units within either a conventional
Assisted Living Retirement Community or a conventional Continuinq Care Facility
shall be as follows:
(i) Independent livinq units shall not exceed two ('2) dwellinq units per 40,000
square feet of real property. Independent Living units shall not exceed
four ('4) dwelling units per acre with the redemption of development rights,
at a rate of one (1) additional unit per development right.
(ii) Assisted living units shall not exceed four (4) dwelling units per 40,000
square feet of real property. Assisted Livinq units shall not exceed eight
(8) dwelling units per acre with the redemption of development rights, at a
rate of one (1) additional unit per development right.
E__:. The maximum height of all buildings shall not exceed 3.5 stories of 45 feet.
F._=. The lot area shall not be less than fifteen (15) acres of contiguous real property in
single or consolidated ownership. The contemplated development shall not bo
subdivideable. Multiple lots shall be consolidated prior t the approval of the
relevant special permit.
§108-119. Additional requirements.
A. There shall be a protective planting strip or buffer, not less than 48 50 feet in width
along any lot line, except the buffer area shall be 50 feet in width a~'0-ong any lot line
abutting a residential distdct or use. No structure, storage or parking or other uses
shall be permitted within this strip or buffer. Said buffer or strip will be planted with
evergreens or similar vegetation which, when planted, shall be at least six feet tall and
when mature shall be maintained at a height of not less than eight feet, so as to
provide an effective natural screen between districts and buildings.
B. The site plan shall show, in addition to all other requirements of this chapter, the
following:
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(1) All lots shall be located within the Town of Riverhead Water District and
Sewer District or located within 1500 feet of the Water District and Sewer
Dlistrict and subiect to approval for the requisite capacity for the proposed
development. Applicant shall be responsible for all costs related to application
for Water and or Sewer District extension and costs related to extension of
the appurtenances to include the parcel in the water and sewer districts.
(2) The method of water supply and of sewage disposal, conforming to Health
Department requirements.
(3) At least 30 % of the total site area shall be devoted to open space Which shall
.be kept in its natural state or landscaped and maintained with grass for
passive recreational uses such as picnic area, walking trails, garden ng and
horticultural.
(4) The use of interconnecting walkways, trails and natural walking paths for
pedestrian traffic shall be an integral part of the design of any development to
facilitate access between common areas, groups of dwellings units and open
space areas.
(5) All primary walkways and sidewalks shall meet Americans with Disabilities
Act (ADA) requirements. Trails and natural walking paths are exempt from
this requirement however the Town encourages maximizing accessibility to all
residents. Due consideration shall be given to planning walks, ramps,
driveways to prevent slipping, stumbling and handrails and ample places for
rest shall be strategically provided.
(6) A buffer strip of not less than twenty five (25) feet in width, consistinq of
massed trees and shrubbery or existing mature vegetation supplemented by
new landscaping shall be maintained alongside front and rear property lines,
except the buffer area shall be 50 feet in width along any lot line abutting a
residential distdct or use. The trees and shrubbery shall consist of evergreens
and deciduous plant material which, when planted, shall be at least six feet
tall and when mature shall be maintained at a height of not less than eight
feet, so as to provide an effective natural screen. No structure shall be
permitted within this stdp or buffer.
(7) All utilities shall be placed underground, including telephone, electric and
cable telephone service.
(8) All parking shall comply with the parking schedu e set forth in Section 108-60
of this Chapter notwithstanding the following:
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No parking shall be provided within twenty five (25) linear feet of the
principal frontage. Parking and loading areas shall be placed as far from
adiacent residences as possible (but a minimum of fifty (50) linear feet)
and surrounded by landscaping.
(9) The proposed method of collection and disposal of storm water, designed so
as not to interfere with adioining properties or burden public facilities.
(10) The proposed Ikqhtin~ facilities for the safety of pedestrian and vehicular
traffic, with exterior spotli.qhtin~ of buildings or grounds to be from shaded
sources and located so that the light beams are not directed toward any lot in
a residential district or toward a public highway.
o;,~, q, ,,-h 3re3s sh3!! be ~n~ined by cu~s ~nfc,,'m,.!ng to the Term '-¢ r~;,,,,,~,~,. ~
· Underline represents addition(s)
· Stdkethrough represents deletion(s)
Dated: Riverhead, New York
March 20, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
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