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HomeMy WebLinkAboutTOR RES 468 & 469 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 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 June 19, 2012 Resolution#468-ADOPTS A LOCAL LAW TO AMENDING CHAPTER 103 ENTITLED "SOLID WASTE MANAGEMENT" OF THE RIVERHEAD TOWN CODE Resolution#469-ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF RIVERHEAD (ARTICLE XXIII RESIDENCE RC DISTRICT) 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. 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 I~,~=nagepnent Officer Marriage Officer June 22, 2012 We would appreciate your signing this letter acknowledging receipt of these Resolutions and returning it to the Office of the Riverhead Town Clerk. (Resolution# 468 mud 469 from Town Board Meeting 6.19.12) Sincerely, Diane M. Wilhelm Town Clerk Signature: DW:cd date:~~=._ 200 Howell Avenue ~ Riverhead, New York 1t901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 06.19.12 120468 ADOPTED TOWN OF RIVERHEAD Resolution # 468 ADOPTS A LOCAL LAW AMENDING CHAPTER 103 ENTITLED "SOLID WASTE MANAGEMENT" OF THE RIVERHEAD TOWN CODE Councilman Gabdeisen offered the following resolution, which was seconded by Councilwoman Gi.qlio WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 103 entitled "Solid Waste Management" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 5th day of June 2012 at 2:10 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 amending Chapter 103 entitled "Solid Waste Management" of the Riverhead Town Code be and is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review, the official 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 certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes [-]No Gabrielsen [~Yes [--]No Wooten [~Yes r-]No Dunleavy [~]Yes E~]No Walter [~]Yes r-]No The Resolution Was [] Thereupon Duly Declared Adopted TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law amending Chapter 103 entitled "Solid Waste Management", of the Riverhead Town Code at its meeting held on June 19, 2012. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 103 SOLID WASTE MANAGEMENT ARTICLE I. General Provisions § 103-2. Legislative intent. The purpose of this chapter is to protect and promote the health, safety and welfare of the residents of the Town of Riverhead by controlling the storage and disposal of solid waste generated within the Town in the most economical and environmentally acceptable manner; provide for the orderly collection of solid waste; t~ implement the Town of Riverhead Solid Waste Management Plan; te comply with the requirements and further the purposes of the New York State Solid Waste Management Act, the-New Tc':.'r.; and to protect the drinking water supply in the Town of Riverhead. In addition, the Town Board finds that increased efforts to recover and reuse rec¥clable materials will protect and enhance the Town's physical environment, promote the health, safety of persons and property within the Town. The provisions set forth herein seek not only to facilitate the implementation and operation of an environmentally sound solid waste mana.qement program and conservation of natural resources but to promote the recovery of materials from the Town's solid waste stream for the purpose of recycling such materials by source separation. Accordingly, the Town Board finds it is necessary to expand the Town's recyclin.q pro.qram to provide opportunities for nonresidential, commercial, industrial and institutional establishments to recycle. Nothinq herein is intended or should be construed to modify or amend any terms or conditions of any contracts for solid waste services to which the Town of Riverhead is a party in effect on the effective of this chapter. TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management §103-4 _3. Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: AUTHORIZED COLLECTOR A person, individual, partnership or corporation or employer or agent thereof authorized by contract or license with the municipality tn collect solid waste from residential, commercial, industrial and institutional propedies as herein defined under the terms and conditions of this chapter. In the event of municipal collection, this definition shall include the .qovernin.q body and employees thereof. BULK ITEMS Large items such as sofas, upholstered chairs mattresses and box springs but exc ud nq wh te goods such as refrigerators, stoves, dishwashers, washers, dryers, etc., which are considered recyclable. COLLECTOR The person, firm, agency or public body or employee or agent thereof who is engaged n the collection o¥ and/or transportation of solid waste. ' COMMERCIAL OPERATIONS All properties used for industrial or commercial purposes, includin.q but not limited to retail and wholesale establishments, apartments with more than three units condominiums trailer parks, offices, .qara.qes, .qas stations, manufacturing and repair establishments, banks, motels, restaurants and 'other similar and related facilities. ............. w,*~--.UCO TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management CONTAINER .............. ,, ............. ~ ...... *,, ,-~ ,,,-* .... ....... ~ ..................... ,~ .......... ~ ............... A can. b~n. box. bao or other unit usedfor stora,qe of solid waste or recyclable materials. . . . _ FACILITY Any solid waste mana.qement facility employed beyond the initial solid waste collection process which is to be '~sed, occupied or employed for or is incidental to the receivin.q, transportin.q, stora.qe or processing or disposal of solid waste or the recovery by any means of any'materi~l or enerRy pro~luct or resource therefrom, includin.q recyclin.q centers transfer stations, processinR systems resource recovery facilities, sanitary landfills plants and facilities for compostin.q or land spreadin.q of solid wastes secure land burial facilities, reprocessin.q andrecy~lin.q facilities, surface impoundments and waste oil stora.qe incinerators and ~ther solidwa~te disposal, reduction or conversion facilities GARBAGE That portion of municipal solid waste consistin.q of putrescible materials and shall include animal, ve.qetable, fruit and table scraps. It sl~all exclude yard waste. HAZARDOUS WASTE ................. ,. ........ ,~ ............ . ......... EL~ ;~ ,~y ~:~7, o7,';,';~";~,~'~ ~Tj,', ,;, ~; ' ;~ L';-'v -. ................. . ....... : ..................... ............................. ~ ..... Sohd waste that ~s especially harmful or potentially harmful to the public health. This shall include but not be limited to explosives,'toxic or - infectious materials and medical waste. For purposes of this chapter, hazardous waste does not include small quantities of such waste as generated by a resident or homeowner (e.g., aerosol cans, pest cides, fertilizei's, etc.). not .or-d, ....... ~ ................ r ................................... ~ ........... TA 6-19-12 Adopt Amendments to Chap.103 Solid Waste: Management INSTITUTION An or.qanizat on or establishment devoted to the promotion of a particular object or cause, including schoo s, nursin.q homes and ret rement homes, health facilities, .qovemmenta fac ities, libraries, fire halls, etc. n,",ULT!P' E Dce,nc~ar=: ^,.,, h, ,i~..41,*,.., or ..... ~ Cf ~.-.,-,.-I h..,,i ...... +h-... ~..,.. MUNICIPAL SOLID WASTE/SOLID WASTE (MSW) All putrescible and nonputrescible materials, includin.q .qarba.qe, refuse, bulk items white .qoods and other discarded solid materials, includinq I~ut not m ted to so id waste materials resultinq from residential, industrial, commemial and a.qricultural operations and from community activities. It shall not include solids or dissolved material in domestic sewa.qe or other si.qnificant pollutants in water resources such as silt, dissolved or suspended s~lids in industrial wastewater effluents, dissolved materials in ird.qation return flows or other common water pollutants. In addition, it shall not include hazardous waste. PERSON Any ~ndlwdual, ~. ....... ~. ......... ,. ........ firm partnershm, assoc;at~on .................... corporabon or ~.., other-~--::--ga~ enhty. ~ ........ " ...... PORTABLE TRANSFER CONTAINER An enclosed, portable, metal container with a capacity of one cubic yard or .qreater used for the temporary stora.qe of solid waste or recyclable materials and is en~ptied by mechanical means into a c~llection truck. PRIVATE COLLECTOR An individual1 firm, corporation or le.qal entity provd n.q for the collection of MSW and/or recyclab[e materials. To operate in the Town of Rivenhead a private collector shall be required to obtain a license from the Town and shall be subject to the rules and re.qulations of the Town (see definition of Authorized Collector). PRIVATE SUBSCRIPTION The collection of MSW and recyclable materials where the resident contracts directly with the pdvate collector of the subscriber's choice. TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management RECYCLABLE MATERIALS Those materials specified by the municipality for separate collection in accordance with recycling re.qulat OhS Such mater a s may include but are not limited to: METAL CONTAINERS -- Containers fabricated pdmadly of aluminum, steel or tin or bimetal cans of steel, tin and/or aluminum. GLASS FOOD AND BEVERAGE CONTAINERS -- New and used glass food and beverage containers which have been dnsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles and iars. Glad'shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or fiat qlass. PLASTIC FOOD AND BEVERAGE CONTAINERS -- Includes high-density polyethylene (HDPE) and polyethylene terephthalate (PET), designated respectively as No. 2 and No. 1 on the recycling code located on the containers. PAPER All high grade office paper, fine paper, bond paper, office paper, xerographic paper, mineo paper, duplication paper, magazines, paperback books, school paper, catalogs, iunk mail, computer paper, telephone books, newspaper, newspaper supplements newspaper advertisements, corrugated cardboard, and s m ar ce u os e mater a, but shall not mean wax paper, plastic or foil coated paper, Styrofoam, wax coated food and beverage containers, carbon paper, blueprint paper, food-contaminated paper, soiled paper, and wax coated or soiled cardboard. WHITE GOODS -- Stoves, refrigerators dishwashers, dryers, washing machines, water heaters and other arqe app ances and scrap metal 15ut excluding a r conditioners, microwaves and televisions. *The above materials will be reviewed quarterly and will be modified as the need arises by the Town Board. RECYCLING Any process by which materials, which otherwise become solid waste, are collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or products. RECYCL!NG r'ck,'r=m A .... +" '"* .... er .-..,~.~.m~.... ,.~ o*. ,,-+ ........ ~.~ ...... ,~ REFUSE That portion of municipal so d waste consisting of nonputrescible materials, It shall exclude bu k tems and wh te goods. TA 6-19-I 2 Adopt Amendments to Chap. 103 Solid Waste Management RESIDENT Any person residinq within the Town on a temporary or permanent basis, but excludinq persons residinq in hotels or motels. RESIDENTIAL PROPERTY Properties used as dwellings includinq buildings having up to and including three dwelling units in one building. Mu'ltiple-dwellin.q residential ' buildinqs cont~inin.q more tha'n four dwellings unit~, for purposes of (his chapter, shall be treated as commercial properties. SOLID WASTE MANAGEMENT The purposeful, systematic control of the storage, collection, transportation, processinq and disposal of solid waste. s=tes w:th:n the tcwn not cwncd b" the "crccn "!acm'- c- remcv:n-' thc '-'-"+ ........ '~ SOURCE SEPARATE To separate the recyclable materials from the MSW stream at the point of waste generation. TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management chips, grass clippings and brush, including sod and rocks not more than four (4) inches in diameter; and biodegradable waste approved for the yard waste composting program by the Town Board or the Sanitation Superintendent. "Yard waste" shall not include food waste; plastics and synthetic fibers; lumber; wood waste or tree limbs which exceed four (4) inches in diameter or four (4) feet in length; or soil contaminated by hazardous waste or household hazardous waste products. .~ 103-4. Severability. If any term, part, provision, section, subdivision or paragraph of this chapter shall be held unconstitutional or ineffective, in whole or in part, then, to the extent that it is not unconstitutional or ineffective, this chapter and such term, part, provision, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remainin.q terms, parts, provisions, sections, subdivisions or paragraphs thereof. provided or or by th~ TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management A TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste: Management TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management ................ . ................... .,- ............................ , ....... lng TA 6-19-12 Adopt Amendments to Chap, 103 Solid Waste Management TA 6-19-12 Adopt Amendments to Chap. 103 Soft d Waste Manage]nent I TA 6-19-12 Adopt Amendments to Chap.103 Solid Waste Management TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management ARTICLE TA 6-I 9-12 Adopt Amendments to Chap. 103 Solid Waste Management .................................... , ............. ~ ................... 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TA 6-19-12 Adopt Amendments to Chap. 103 Solid Wast,: Management (1) ......... ~. ..................................... o TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management or CC ....... ,q .................. v .................................................... TA 6-19-12 Adopt Amendments to Chap. 103 Solid Wast*.~ Management TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management ARTICLE Ill Solid Waste Generated at Residences located within Town's Solid Waste District The Town of Riverhead established a Solid Waste Collection and Disposal District "District", and at the time of this local law subject to amendment by resolution of the Town Board, consists of six contract bid areas for the collection of all residential solid waste within the District. The District does not provide for the collection of solid waste from commercial operations or institutions as defined in 103-3. §103-5. Containers: duty of owners and occupiers of property. A. Every owner or occupier of any residence within the District shall provide or cause to be provided at all times su table and suffc ent conta ners for garbage and refuse that may accumulate upon said premises. B. All garbage and refuse containers shall be watertight, with proper, tight covers and handles of adequate strenqth or disposable plastic bags, securely tied or fastened· No garbage and refuse container shall exceed 32 .qallons' capacity or weigh more than 50 pounds when filled. CI Ail garbage and refuse containers shall be designed for such purposes, either of metal or plastic material, except that bushel baskets with handles, disposable plastic ba.qs or cartons of heavy cardboard or other durable material, securely tied and TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management fastened, may be used. No container basket, bag or carton shall weigh more than 50 pounds when filled. D. Newspapers, ma.qaz nes and other printed matter need not be placed in a container but must be bundled to prevent litterinq. F. All recyclables other than those set forth in § 103-4 D shall be placed in containers bearinq a label provided by the Town of Riverhead "Recyclables". § 103-6. Times for placement and collection within the District; storage of containers. A. The Town Board of the Town of Riverhead or the Superintendent of the Sanitation Department shall des .qnate times for the removal of garbage and refuse from the streets of the Town. B. All .qarba.qe and refuse to be collected, except that in portable transfer containers, shall be placed at the curb, but in no event shall refuse for collection be placed at th~ curb before 6:00 p.m. of the day preceding the scheduled collection. C. All containers shall be removed from the curbline or other place of collection by the, owner or occupant of premises before 11:00 p.m. in the evening of the day on which collection is made from the premises. D. All garbage and refuse containers, except portable transfer containers, shall bo. stored in such fashion as to be screened from public view and, to the extent applicable, subiect to conditions, restrictions or covenants recorded pursuant to site plan approval. E. All recycling containers shall be placed at the curb at the dates and times as may be specified from time to time by resolution of the Town Board of the Town of Riverhead. §103-7. Collection of seasonal or special items A. All bulk items, white .qoods (refrigerators, washers, stoves, etc.) and other large items not capable of being enclosed in containers may be placed at the curbline or pavement line for collection on the days specified by the refuse collector(s) servicinq the District as per the contract specification and/or direction of the Superintendent of the Sanitation Department. It shall be the sole responsibility of the owner to dismantle or secure the appliance or item of fumiture so that it will not be a hazard to the public. Doors or broken glass shall be properly secured or removed from the appliance or item of furniture before placin.q it at the curb for collection. The refuse collector may accept or decline collection of any such material in accordance with his considered iud.qment of the ability of the refuse collector to handle and dispose of such items. Collection and disposal by the refuse collector of such appliances or items of furniture shall extend only to those appliances or items of furniture actually used in a residence in the Town of Riverhead. The refuse collector will also have the right to refuse the collection of any refuse which, in his opinion, is composed of in part or in violation of any of the. previously defined unacceptable wastes. TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management B. Any contractor creatinq debris from construction or from tree pruning or removal shall remove and dispose of said debris in a sanitary manner at no such cost to the Town of Riverhead. In the event that any such debris results from work performed personally by an owner or resident within the District, the debris may be placed at the curb for collection and removal by the refuse collector if the quantity of said debris does not exceed six containers and/or bundles of not more than 50 pounds in any week. Quantities of debds in excess of this amount shall be removed by the property owner or. resident at his or her own expense. C. Yard waste such as trees, tree trimmings, logs, tree branches and trunks shall be cut to a lenqth not exceedinq four feet in length and four inches in diameter and securely tied in bundles not more than two feet thick. In no event shall any bundle exceed 50 pounds in weight.. For purposes of collection of solid waste within any Town residential solid waste district, yard waste consisting of grass clippings shall be excluded and will not be collected by the authorized collector. D. Holiday trees may be placed at the curbline or pavement line for collection on such days as specified by the Superintendent of the Sanitation Department dudnq the months of December and January and there shall be no requirement that the trees be cut and bundled as otherwise herein required, except that trees qreater than eight feet in lenqth must be cut such that the length of all portions of the tree shall not exceed eight feet in length and no greater than 4 inches in diameter. §103-8. Source separation of rec¥clable materials. A. Owners and occupiers of all properties within the District shall be required to source-separate recyclable materials from municipal solid waste. Recyclable materials shall not be commingled with other solid waste during collection, transpodation or storage following collection. B. Recyclable materials shall be placed at the curbline or pavement line at the same time as regular weekly refuse in designated containers as determined by the Town of Riverhead. Recyclabies are to be separated but placed next to regular weekly refuse. C. Any and all collectors collecting residential MSW generated within the District shall refuse to collect MSW from any person or party who has clearly failed to source- separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A wdtten explanation shall be provided to the person or party of the reason for the refusal for collection of the materials by the collector and a copy shall be delivered to the Sanitation Superintendent. D. The Town of Riverhead shall from time to time determine by resolution which items must be source-separated as recyclables. The list of recyclables shall be posted on the Town sign board and published in a local newspaper. Enforcement of items newly included on said list shall not take place until 30 days following adoption. Any authorized collector shall have the dght to request the Town Board to remove any item from such list. Upon receipt of satisfactory information indicating that such item would not be required to be recycled in accordance with federal or state law or requlations and TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management that a market in such item is not readily available, the Town Board may, in its reasonable discretion, delete said item from the list of rec¥clables. ARTICLE II1. Solid Waste Generated at Commercial and Institutional Operations within Town of Riverhead §103-9. Containers: duty of owners and occupiers of property. A. Every owner or occupier of any building, premises or place of business within the Town of Riverhead shall provide or cause to be provided at all times suitable and sufficient containers for .qarba.qe and refuse that may accumu ate upon sa d pram sas B. All garbage and refuse containers shall be watertiqht, with proper, tight covers and handles of adequate strenqth ot disposable plastic baqs, securely tied or fastened. C. All garbage and refuse containers, shall be designed for such purposes, either of metal, plastic or other durable material, securely tied, fastened, closed or sealed. Such containers shall be emptied or replaced whenever full and at least once each week if containing garbage. Such containers shall be maintained in a manner so as to prevent dispersal of the contents about the premises. D. The portable transfer containers used for outdoor storage of refuse on premises occupied for commercial, industrial, or institutional uses are permitted subiect to such other provisions of the Town Code and/or conditions, restrictions or covenants related to site plan. Such containers shall be emptied or replaced whenever full and at least once each week if containing garbage. Such containers shall be maintained in a manner so as to prevent dispersal of the contents about the premises. E. All private, industrial, institutional or commemial establishments shall provide suitable recycling containers dependent on their specific needs, which containers must prevent dispersal of the contents about the premises and shall be subject to the approval of the Superintendent of the Sanitation Department of the Town of Riverhead. §103-10. Source separation of solid waste, including recyclable materials. A. Owners and occupiers of all properties within the Town of Riverhead shall be required to source-separate recyclable materials and such other solid waste as set forth in 103-8(b) from municipal solid waste. It shall be unlawful for any person to place out for collection any solid waste mixed with any of the materials listed in 103- 8(b) or to comin.qle solid waste collected, transported or stored followinq collection. B. All owners and occupiers shall separate the following materials for all other solid waste placed out for collection or transport to a solid waste facility: (1) Hazardous wastes (2) Recyclables as defined in 103-3 or as may be designated by the Town Board (3) Yard waste (4) Construction and demolition debris (5) Bulk wastes TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management (6) Tires Collectors collectinq commercial and/or institutional MSW generated within the Town of Riverhead shall refuse to collect MSW from any person or party who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared tho recyclable materials to the specifications of the collector. A written explanation shall bo provided to the person or party of the reason for the refusal for collection of the materials by the collector and a copy shall be provided to the Sanitation Superintendent. C. The Town of Riverhead shall from time to time determine by resolution which item,-, must be source-separated as recyclables. The list of recyclables shall be posted on the Town si.qn board and published in a local newspaper. Enforcement of items newly included on said list shall not take place until 30 days followinq adoption. Any authorized collector shall have the right to request the Town Board to remove any item from such list. Upon receipt of satisfactory information indicating that such item would not be required to be recycled in accordance with federal or state law or regulations and that a market in such item is not readily available, the Town Board may, in ifc reasonable discretion, delete said item [rom the list of recyclables. ARTICLE IV. License Requirement for Collectors of Solid Wa_~te Generated at Commercial and Institutional Operations within Town of Riverhead §103-11. Authorized collectors: obtaining a license. A. All authorized collectors must obtain a solid waste collection license from the Town of Riverhead. A fee for such license shall be set by the .qoveminq body on an annual basis and all licenses shall be issued for the calendar year or such portion thereof. There shall be no reduction in the fee for a license issued after the beqinninq of any calendar year. The Town of Riverhead reserves the d.qht to waive the license fee for collectors collecting on behalf of the Town of Riverhe~d under a municipal contract. B. All authorized collectors shall have the name of the collector prominently displayed on each vehicle operated by or on behalf of the authorized collector. C. Authorized collector applications may be denied if the applicant or licensee, includinq owners, partners, officers or principal shareholder of such applicant has been convicted of a misdemeanor of felony which renders the applicant unfit to hold such a license or if the applicant or licensee has been adiud.qed or administratively determined to have committed one or more violations of this chapter during the preceding calendar year. D. APl authorized collectors licensed by the Town of Riverhead shall indemnify and hold harmless the Town of Riverhead for any pendin.q, threatened or actual claims, liability or expenses adsing from waste disposal by the authorized collector in violation of this chapter. E. Authorized collectors shall offer collection services for all recyclable materials to all residential customers from whom they provide MSW collection services at the same TA 6-19-12 Adopt Amendments to Chap.! 03 Solid Waste Management times and on the same days as services are provided to their customers for solid waste collection. F. Required information: (1) Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the MSW and rec¥clable materials (plan for recycling) from its residential, commercial, industrial and institutional customers. (2) Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector which include the followinq information: (a) The location and number of units in which the solid waste or recydable (3) (4) material was generated. (b) The quantity, by ton, of solid waste and of each type of recyclable matedal collected. (c) The quantity, by ton, of recyclable material delivered to a recycling facility(les) and the location of the recycling facility(les). (d) The quantity, by ton, of solid waste delivered to each facility. Reports containing the information required as stated above shall be compiled and delivered to the Town Clerk or other designated individual for each reportin.q period as designated by the regulations, but which shall be no more frequently than quarterly. Authorized collectors shall not accept for collection MSW which has not been source-separated in conformity with this chapter. (5) All vehicles used by authorized collectors for the transportation of solid waste on or throuqh any street or public highway in the Town of Riverhead shall be covered or equipped such that no solid waste shall blow, leak or spill from such vehicle onto any street or public highway. Every license, vehicle permit decal and roll-off or container permit decal issued hereunder shall be nontransferable. § 103-'12. Approval, denial, suspension or revocation of license: notice and hearing: noncompliance. A. When the designated public official determines that a failure to comply with this chapter may have occurred, she/he shall recommend to the municipality that the authorized collector application or the license be denied, suspended or revoked or its holder subiected to a reprimand or fine or that the generator or oriqinator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty. The designated public official shall be authorized to disreqard de minimus amounts of recyclables that inadvertently are mixed with garbage and refuse. B. Notice. The desiqnated public official shall notify the affected generator, applicant or licensee of the alleged failure in writinq. The notice shall include the following information: TA 6-19-12 Adopt Amendments to Chap. I03 Solid Waste Management (1) A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation. (2) A short and plain statement of the alleged misconduct. (3) A statement of the time, place and nature of the hearinq. (4) The notice shall be personally served or sent by certified mail to the generator, applicant or licensee's last known address at least 10 days before the hearinq date, with a copy to the administrator. C. Headng. (1) Hearinqs shall be held before the Town Board within a reasonable period, which (2) (3) shall be at least 10 days after service of notice but not more than 30 days after service of notice unless the time is extended by the Town Board of the Town of Riverhead. The generator, applicant or licensee may be represented by counsel at tho hearinq and may offer evidence and cross-examine witnesses. Within 20 days after the close of the hearing, the Town Board shall: (a) Determine whether the alleged failure to comply with this chapter hah occurred; and (b) If such a failure has occurred, decide whether the generator or applicant shall be subiect to fine or penalty, the application shall be denied or an existinq solid waste license or authorized collector status shall be suspended or revoked or its holder subjected to a reprimand and issued an order carrying out this decision. D. Determinations, decisions and orders. Disposition may be made by stipulation, agreed settlements, consent, order, default or other informal method. (1) The Town Board shall promptly notify the applicant or licensee, in writing, of tho final determination, decision or order. E. Enforcement (1) Inspections and appearance tickets: (a) All portions of vehicles and containers used to haut, transport or dispose of rec¥clable materials, including such containers placed outside residences, shall be subiect to inspection to ascertain compliance with this chapter by any police officer, peace officer, code officer and any other public official designated by the Town of Riverhead. (b) Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this chapter. F. Penalties, (1) Penalties for collectors. Durinq any 12 consecutive months, the failure of any person engaged in the business of collectinq MSW and/or recyclable materials or renderinq solid waste and/or recycling services who is not authorized by the Town TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste IVlanagement or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a violation punishable by a fine of not less than $500 and not exceedinq the sum of $1,000 or by imprisonment for a term not exceeding 1 days, or both. Each day such violation occurs or continues shall constitute a separate offense. (2) Penalties for waste generators. Failure of a waste generator to comply with the provisions in this chapter designated as violations shall be punishable as follows: (a) For the first conviction: by a written warninq clearly stating the nature of the violation and a schedule of fines for future convictions. (b) For the second conviction within one year: by a fine of not less than $100 nor more than $250. (c) For the third conviction within one year by a fine of not less than $250 nor more than $500. (d) For a fourth and each subsequent conviction within one year by a fine of not less than $500 nor more than $1000. (3) In addition, any such conviction imposing a fine shall also be punishable by a term of imprisonment of not more than 15 days, or by both such fine and imprisonment. (4) Any penalties or damages recovered or imposed under this law are in addition to any other remedies available at law or equity. (5) No penalties, fines, civil sanctions or other enforcement actions will commenced prior to January 1, 2012 in order to permit persons regulated hereunder to come into compliance with this chapter. ARTICLE V General Provisions Applicable to Solid Waste for all Properties and Uses within the Town of Riverhead §103-13. Accumulation of solid waste: responsibility of owner and occupant. A. No person shall accumulate or permit the accumulation of municipal solid waste on any premises owned or occupied by him or her within the Town of Riverhead except for the purpose of collection by the refuse collector. B. No person shall permit any municipal solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the municipality, except that in the case of recyclables, bulk items or white goods, such goods may be allowed to accumulate for such longer period specified by the Town if collection is provided for but on a Ionqer period between collections. C. Owners and occupiers of residential property are hereby required to make accumulated municipal solid waste available for collection as scheduled under the terms hereof, D. All municipal solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by an authorized collector under contract with the Town (or by a licensed private collector under private subscription) and in accordance with the provisions of this chapter. TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management E. All municipal solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by authorized collectors under contract with or licensed by the Town of Riverhead. In such case where a commercial or institutional establishment contracts directly with a collector, the fee or payment shall be a matter of private agreement between~ the owners or occupiers and the collector. F. The owner, lessee or occupant of every building within the Town of Riverhead shall keep the same free, clear and clean of all refuse, maintain sidewalks and yard area and clear of all refuse and, upon notice, shall within five days cause to be removed any unsanitary or unsafe condition on or about the premises owned, used or occupied by said person within the Town of Riverhead. G. Any compost or mulch pile within the limits of the Town of Riverhead shall be maintained in such fashion so as not to attract rodents or cause the development of obnoxious odors or other hazards to the health of the occupants of neighboring properties. H. Toxic, medical, flammable or hazardous waste, the disposal of which is routinely regulated by public authority, shall be disposed of in a manner which is determined by said authority and/or by law. I. It shall be unlawful for any person to collect and dispose of any municipal solid waste within the Town of Riverhead, except as provided in this Chapter. § 103-14. Collection of recyclable materials placed at curbside, A. Only authorized collectors who are actinq under authority of the Town of Riverhead shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this chapter; provided, however, that where the authorized collector has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this chapter, the person responsible for initially placin.q those materials for collection may and shall remove those materials from any curb, sidewalk or streetside. B. Nothin.q herein shall prevent any person from makinq arrangements for the private collection, sale or donation of recyclable materials prior to placement at the curbside. §103-15. BurninR. No person shall ignite, burn or cause to be ignited or burned any refuse or yard waste within the Town of Riverhead unless said bumin,q is in conformity with all rules and regulations set forth by the State of New York and a permit is obtained from the Town Board and the New York State Department of Environmental Conservation, as applicable. TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management §103-16. Deposit on public or private property. No refuse shall be carted to, dumped or deposited in any manner upon any private or public property in the Town of Riverhead except under the supervision and direction of the Superintendent of the Sanitation Department of the Town of Riverhead. Nothinq in this section shall be construed to prohibit the proper use of receptacles placed upon the streets or other public places in the Town of Riverhead for the depositin.q of refuse; provided that such public receptacles shall not be used for the deposit of accumulated household .qarba.qe or the deposit of solid waste in containers or receptacles placed by the owner or occupant of private property in commemial use of the deposit of litter by members of the public invited onto such property for commercial purpose,*, § 103-17. Applicability. This article shall apply only to residents, owners or occupants of property located within the Town of Riverhead. · Underline represents addition(s) · Stdkethrough represents deletion(s) Dated: Riverhead, New York June19, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK TA 6-19-12 Adopt Amendments to Chap. 103 Solid Waste Management Town of Riverhead Local Law# 8-2o12 CHAPTER 103 SOLID WASTE MANAGEMENT ARTICLE I. General Provisions § 103-2. Legislative intent. The purpose of this chapter is to protect and promote the health, safety and welfare of the residents of the Town of Riverhead by controlling the storage and disposal of solid waste generated within the Town in the most economical and environmentally acceptable manner; provide for the orderly collection of solid waste; implement the Town of Riverhead Solid Waste Management Plan; comply with the requirements and further the purposes of the New York State Solid Waste Management Act; and to protect the drinking water supply in the Town of Riverhead. In addition, the Town Board finds that increased efforts to recover and reuse recyclable materials will protect and enhance the Town's physical environment, promote the health, safety of persons and property within the Town. The provisions set forth herein seek not only to facilitate the implementation and operation of an environmentally sound solid waste management program and conservation of natural resources but to promote the recovery of materials from the Town's solid waste stream for the purpose of recycling such materials by source separation. Accordingly, the Town Board finds it is necessary to expand the Town's recycling program to provide opportunities for nonresidential, commercial, industrial and institutional establishments to recycle. Nothing herein is intended or should be construed to modify or amend any terms or conditions of any contracts for solid waste services to which the Town of Riverhead is a party in effect on the effective of this chapter. §103-3. Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: AUTHORIZED COLLECTOR A person, individual, partnership or corporation or collect solid waste from residential, commercial, industrial and institutional properties as herein defined under the terms and conditions of this chapter. In the event of municipal collection, this definition shall include the governing body and employees thereof. BULK ITEMS Large items such as sofas, upholstered chairs, mattresses and box springs but excluding white goods such as refrigerators, stoves, dishwashers, washers, dryers, etc., which are considered recyclable. COLLECTOR The person, firm, agency or public body or employee or agent thereof who is engaged in the collection of and/or transportation of solid waste. COMMERCIAL OPERATIONS All properties used for industrial or commercial purposes, including but not limited to retail and wholesale establishments, apartments with more than three units, condominiums, trailer parks, offices, garages, gas stations, manufacturing and repair establishments, banks, motels, restaurants and other similar and related facilities. CONTAINER A can, bin, box, bag or other unit used for storage of solid waste or recyclable materials. FACILITY Any solid waste management facility emp oyed beyond the in t a so d waste collection process which is to be used, occupied or emp oyed for or is incidental to the receiving, transporting, storage or processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including. recycling centers transfer stations processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or land spread ng of so d wastes, secure land burial facilities, reprocessing andrecycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste d sposa, reduction or conversion facilities GARBAGE That portion of municipal solid waste consisting of putrescible materials and shall include animal, vegetable, fruit and table scraps. It shall exclude yard waste. HAZARDOUS WASTE Solid waste that is especially harmful or potent a y harmfu to the public health. This shall include but not be limited to explosives, toxic or infectious materials and medical waste. For purposes of this chapter, hazardous waste does not include small quantities of such waste as generated by a resident or homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.). INSTITUTION An organization or establishment devoted to the promotion of a part cu ar object or cause, including schools, nursing homes and retirement homes, health facilities, govemmental facilities, libraries, fire halls, etc. materials, including garbage, refuse, bulk items, white goods and other discarded solid materials, including but not limited to solid waste materials resulting from residential, industrial, commercial and agricultural operations and from community activities. It shall not include solids or dissolved matedal in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste. PERSON Any individual, firm, partnership, association, corporation or other entity. PORTABLE TRANSFER CONTAINER An enclosed, portable, metal container with a capacity of one cubic yard or greater used for the temporary storage of solid waste or recyclable materials and is emptied by mechanical means into a collection truck. PRIVATE COLLECTOR An individual firm, corporation or ega entity providing for the collect on of MSW and/or recyclable materials. To operate in the Town of Rive~head a pdvate collector shall be required to obtain a license from the Town and shall be subject to the rules and regulations of the Town (see definition of Authorized Collector). PRIVATE SUBSCRIPTION The collection of MSW and recyclable materials where the resident contracts directly with the private collector of the subscriber's choice. RECYCLABLE MATERIALS Those materials specified by the municipality for separate collection in accordance with recycling regulations. Such materials may include but are not limited to: METAL CONTAINERS -- Containers fabricated pdmadly of aluminum, steel or tin or bimetal cans of steel, tin and/or aluminum. GLASS FOOD AND BEVERAGE CONTAINERS -- New and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass jars. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass. PLASTIC FOOD AND BEVERAGE CONTAINERS -- Includes high-density polyethylene (HDPE) and polyethylene terephthalate (PET), designated respectively as No. 2 and No. 1 on the recycling code located on the containers. PAPER All high grade office paper, fine paper, bond paper~ office paper, xerographic paper, mineo paper, duplication paper, magazines, paperback books, school paper, catalogs, junk mail, computer paper, telephone books, newspaper, newspaper supplements, newspaper advertisements, corrugated cardboard, and similar cellulose material, but shall not mean wax paper, plastic or foil coated paper, Styrofoam, wax coated food and beverage containers, carbon paper, blueprint paper, food-contaminated paper, soiled paper, and wax coated or soiled cardboard. WHITE GOODS -- Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal but excluding air conditioners, microwaves and televisions. *The above materials will be reviewed quarterly and will be modified as the need arises by the Town Board. RECYCLING Any process by which materials, which otherwise become solid waste, are collected, separated and/or processed, treated reclaimed used or reused to produce a raw material or products. REFUSE That portion of municipal solid waste consisting of nonputrescible materials. It shall exclude bulk items and white goods. RESIDENT Any person residing within the Town on a temporary or permanent basis, but excluding persons residing in hotels or motels. RESIDENTIAL PROPERTY Properties used as dwellings, including buildings having up to and including three dwelling units in one building. Multiple-dwelling residential buildings containing more than four dwellings units, for purposes of this chapter, shall be treated as commercial properties. SOLID WASTE MANAGEMENT The purposeful, systematic control of the storage, collection, transportation, processing and disposal of solid waste. SOURCE SEPARATE To separate the recyclable materials from the MSW stream at the point of waste generation. YARD WASTE Organic yard and garden waste, leaves, wood chips, grass clippings and brush, including sod and rocks not more than four (4) inches in diameter; and biodegradable waste approved for the yard waste composting program by the Town Board or the Sanitation Superintendent. "Yard waste" shall not include food waste; plastics and synthetic fibers; lumber; wood waste or tree limbs which exceed four (4) inches in diameter or four (4) feet in length; or soil contaminated by hazardous waste or household hazardous waste products. § 103-4. Severability. If any term, part, provision, section, subdivision or paragraph of this chapter shall be held unconstitutional or ineffective, in whole or in part, then, to the extent that it is not unconstitutional or ineffective, this chapter and such term, part, provision, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions or paragraphs thereof. ARTICLE I1. Solid Waste Generated at Residences located within Town's Solid Waste District The Town of Riverhead established a Solid Waste Collection and Disposal District "District", and at the time of this local law subject to amendment by resolution of the Town Board, consists of six contract bid areas for the collection of all residential solid waste within the District. The District does not provide for the collection of solid waste from commercial operations or institutions as defined in 103-3. §103-5. Containers: duty of owners and occupiers of property. A. Every owner or occupier of any residence within the District shall provide or cause to be provided at all times suitable and sufficient containers for garbage and refuse that may accumulate upon said premises. B. All garbage and refuse containers shall be watertight, with proper, tight covers and handles of adequate strength or disposable plastic bags, securely tied or fastened. No garbage and refuse container shall exceed 32 gallons' capacity or weigh more than 50 pounds when filled. C. All garbage and refuse containers shall be designed for such purposes, either of metal or plastic material, except that bushel baskets with handles, disposable plastic bags or cartons of heavy cardboard or other durable material, securely tied and fastened, may be used. No container basket, bag or carton shall weigh more than 50 pounds when filled. D. Newspapers, magazines and other printed matter need not be placed in a container but must be bundled to prevent littering. F. All recyclables other than those set forth in § 103-4 D shall be placed in containers bearing a label provided by the Town of Riverhead "Recyclables". § 103-6. Times for placement and collection within the District; storage of containers. A. The Town Board of the Town of Riverhead or the Superintendent of the Sanitation Department shall designate times for the removal of garbage and refuse from the streets of the Town. B. All garbage and refuse to be collected, except that in portable transfer containers, shall be placed at the curb, but in no event shall refuse for collection be placed at the curb before 6:00 p.m. of the day preceding the scheduled collection. C. All containers shall be removed from the curbline or other place of collection by the owner or occupant of premises before 11:00 p.m. in the evening of the day on which collection is made from the premises. D. All garbage and refuse containers, except portable transfer containers, shall be stored in such fashion as to be screened from public view and, to the extent applicable, subject to conditions, restrictions or covenants recorded pursuant to site plan approval. E. All recycling containers shall be placed at the curb at the dates and times as may be specified from time to time by resolution of the Town Board of the Town of Riverhead. {}103-7. Collection of seasonal or special items. A. All bulk items, white goods (refrigerators, washers, stoves, etc.) and other large items not capable of being enclosed in containers may be placed at the curbline or pavement line for collection on the days specified by the refuse collector(s) servicing the District as per the contract specification and/or direction of the Superintendent of the Sanitation Department. It shall be the sole responsibility of the owner to dismantle or secure the appliance or item of furnitun9 so that it will not be a hazard to the public. Doors or broken glass shall be properly secured or removed from the appliance or item of furniture before placing it at the curb for collection. The refuse collector may accept or decline collection of any such material in accordance with his considered judgment of the ability of the refuse collector to handle and dispose of such items. Collection and disposal by the refuse collector of such appliances or items of furniture shall extend only to those appliances or items of furniture actually used in a residence in the Town of Riverhead. The refuse collector will also have the right to refuse the collection of any refuse which, in his opinion, is composed of in part or in violation of any of the previously defined unacceptable wastes. B. Any contractor creating debris from construction or from tree pruning or removal shall remove and dispose of said debris in a sanitary manner at no such cost to the Town of Riverhead. In the event that any such debris results from work performed personally by an owner or resident within the District, the debds may be placed at the curb for collection and removal by the refuse collector if the quantity of said debris does not exceed six containers and/or bundles of not more than 50 pounds in any week. Quantities of debris in excess of this amount shall be removed by the property owner or resident at his or her own expense. C. Yard waste such as trees, tree trimmings, logs, tree branches and trunks shall be cut to a length not exceeding four feet in length and four inches in diameter and securely tied in bundles not more than two feet thick. In no event shall any bundle exceed 50 pounds in weight. For purposes of collection of solid waste within any Town residential solid waste district, yard waste consisting of grass clippings shall be excluded and will not be collected by the authorized collector. D. Holiday trees may be placed at the curbline or pavement line for collection on such days as specified by the Superintendent of the Sanitation Department during the months of December and January and there shall be no requirement that the trees be cut and bundled as otherwise herein required, except that trees greater than eight feet in length must be cut such that the length of ail portions of the tree shall not exceed eight feet in length and no greater than 4 inches in diameter. §103-8. Source separation of recyclable materials. A. Owners and occupiers of all properties within the District shall be required to source-separate recyclable materials from municipal solid waste. Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. B. Recyclable materials shall be placed at the curbline or pavement line at the same time as regular weekly refuse in designated containers as determined by the Town of Riverhead. Recyclables are to be separated but placed next to regular weekly refuse. C. Any and all collectors collecting residential MSW generated within the District shall refuse to collect MSW from any person or party who has cleady failed to source- separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person or party of the reason for the refusal for collection of the materials by the collector and a copy shall be delivered to the Sanitation Superintendent. D. The Town of Riverhead shall from time to time determine by resolution which items must be source-separated as recyclables. The list of recyclables shall be posted on the Town sign board and published in a local newspaper. Enforcement of items newly included on said list shall not take place until 30 days following adoption. Any authorized collector shall have the right to request the Town Board to remove any item from such list. Upon receipt of satisfactory information indicating that such item would not be required to be recycled in accordance with federal or state law or regulations and that a market in such item is not readily available, the Town Board may, in its reasonable discretion, delete said item from the list of recyclables. ARTICLE III. Solid Waste Generated at Commercial and Institutional Operations within Town of Riverhead §103-9. Containers: duty of owners and occupiers of property. A. Every owner or occupier of any building, premises or place of business within the Town of Riverhead shall provide or cause to be provided at all times suitable and sufficient containers for garbage and refuse that may accumulate upon said premises. B. All garbage and refuse containers shall be watertight, with proper, tight covers and handles of adequate strength or disposable plastic bags, securely tied or fastened. C. All garbage and refuse containers, ,shall be designed for such purposes, either of metal, plastic or other durable material, securely tied, fastened, closed or sealed. Such containers shall be emptied or replaced whenever full and at least once each week if containing garbage. Such containers shall be maintained in a manner so as to prevent dispersal of the contents about the premises. D. The podable transfer containers used for outdoor storage of refuse on premises occupied for commemial, industrial, or institutional uses are permitted subject to such other provisions of the Town Code and/or conditions, restrictions or covenants related to site plan. Such containers shall be emptied or replaced whenever full and at least once each week if containing garbage. Such containers shall be maintained in a manner so as to prevent dispersal of the contents about the premises. E. Ali private, industrial, institutional or commercial establishments shall provide suitable recycling containers dependent on their specific needs, which containers must prevent dispersal of the contents about the premises and shall be subject to the approval of the Superintendent of the Sanitation Department of the Town of Riverhead. §103-10. Source separation of solid waste, including recyclable materials. A. Owners and occupiers of all properties within the Town of Riverhead shall be required to source-separate recyclable materials and such other solid waste as set forth in 103-8(b) from municipal solid waste. It shall be unlawful for any person to place out for collection any solid waste mixed with any of the materials Iisted in 103- 8(b) or to comingle solid waste collected, transported or stored following collection. B. All owners and occupiers shall separate the following materials for all other solid waste placed out for collection or transport to a solid waste facility: (1) Hazardous wastes (2) Recyclables as defined in 103-3 or as may be designated by the Town Board (3) Yard waste (4) Construction and demolition debris (5) Bulk wastes (6) Tires Collectors collecting commercial and/or institutional MSW generated within the Town of Riverhead shall refuse to collect MSW from any person or party who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person or party of the reason for the refusal for collection of the materials by the collector and a copy shall be provided to the Sanitation Superintendent. C. The Town of Riverhead shall from time to time determine by resolution which items must be source-separated as recyclables. The list of recyclables shall be posted on the Town sign board and published in a local newspaper. Enforcement of items newly included on said list shall not take place until 30 days following adoption. Any authorized collector shall have the right to request the Town Board to remove any item from such list. Upon receipt of satisfactory information indicating that such item would not be required to be recycled in accordance with federal or state law or regulations and that a market in such item is not readily available, the Town Board may, in its reasonable discretion, delete said item from the list of recyclables. ARTICLE IV. License Requirement for Collectors of Solid Waste Generated at Commercial and Institutional Operations within Town of Riverhead {}103-11. Authorized collectors: obtaining a license. A. All authorized collectors must obtain a solid waste collection license from the Town of Riverhead. A fee for such license shall be set by the governing body on an annual basis and all licenses shall be issued for the calendar year or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year. The Town of Riverhead reserves the right to waive the license fee for · collectors collecting on behalf of the Town of Riverhead under a municipal contract. B. All authorized collectors shall have the name of the collector prominently displayed on each vehicle operated by or on behalf of the authorized collector. C. Authorized collector applications may be denied if the applicant or licensee, including owners, partners, officers or principal shareholder of such applicant has been convicted of a misdemeanor of felony which renders the applicant unfit to hold such a license or if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this chapter during the preceding calendar year. D. All authorized collectors licensed by the Town of Riverhead shall indemnify and hold harmless the Town of Riverhead for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this chapter. E. Authorized collectors shall offer collection services for all recyclable materials to all residential customers from whom they provide MSW collection services at the same times and on the same days as services are provided to their customers for solid waste collection. F. Required information: (1) Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the MSW and recyclable materials (plan for recycling) from its residential, commercial, industrial and institutional customers. (2) Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector which include the following information: (a) The location and number of units in which the solid waste or recyclable material was generated. (b) The quantity, by ton, of solid waste and of each type of recyclable material collected. (c) The quantity, by ton, of recyclable material delivered to a recycling facility(les) and the location of the recycling facility(les). (d) The quantity, by ton, of solid waste delivered to each facility. (3) Reports containing the information required as stated above shall be compiled and delivered to the Town Clerk or other designated individual for each reporting period as designated by the regulations, but which shall be no more frequently than quarterly. (4) Authorized collectors shall not accept for collection MSW which has not been source-separated in conformity with this chapter. (5) All vehicles used by authorized collectors for the transportation of solid waste on or through any street or public highway in the Town of Riverhead shall be covered or equipped such that no solid waste shall blow, leak or spill from such vehicle onto any street or public highway. Every Iicense, vehicle permit decal and roll-off or container permit decal issued ilereunder shall be nontransferable. § 103-12. Approval, denial, suspension or revocation of license: notice and hearing: noncompliance. A. When the designated public official determines that a failure to comply with this chapter may have occurred, she/he shall recommend to the municipality that the authorized collector application orthe license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty. The designated public official shall be authorized to disregard de minimus amounts of reoyclables that inadvertently are mixed with garbage and refuse. B. Notice. The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include the following information: (1) A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation. (2) A short and plain statement of the alleged misconduct. (3) A statement of the time, place and nature of the hearing. (4) The notice shall be personally served or sent by certified mail to the generator, applicant or licensee's last known address at least 10 days before the hearing date, with a copy to the administrator. C. Hearing. (1) Hearings shall be held before the Town Board within a reasonable pedod, which shall be at least 10 days after service of notice but not more than 30 days after service of notice unless the time is extended by the Town Board of the Town of Riverhead. (2) The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses. (3) Within 20 days after the close of the hearing, the Town Board shall: (a) Determine whether the alleged failure to comply with this chapter has occurred; and (b) If such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized collector status shall be suspended or revoked or its holder subjected to a reprimand and issued an order carrying out this decision. D. Determinations, decisions and orders. Disposition may be made by stipulation, agreed settlements, consent, order, default or other informal method. (1) The Town Board shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order. E. Enforcement (1) Inspections and appearance tickets: (a) All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this chapter by any police officer, peace officer, code officer and any other public official designated by the Town of Riverhead. (b) Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this chapter. F. Penalties. (1) Penalties for collectors. During any 12 consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a violation punishable by a fine of not less than $500 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense. (2) Penalties for waste generators. Failure of a waste generator to comply with the provisions in this chapter designated as violations shall be punishable as follows: (a) For the first conviction: by a wdtten warning clearly stating the nature of the violation and a schedule of fines for future convictions. (b) For the second conviction within one year: by a fine of not less than $100 nor more than $250. (c) For the third conviction within one year by a fine of not less than $250 nor more than $500. (d) For a fourth and each subsequent conviction within one year by a fine of not less than $500 nor more than $1000. (3) In addition, any such conviction imposing a fine shall also be punishable by a term of imprisonment of not more than 15 days, or by both such fine and imprisonment. (4) Any penalties or damages recovered or imposed under this law are in addition to any other remedies available at law or equity. (5) No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to January 1,2012 in order to permit persons regulated hereunder to come into compliance with this chapter. ARTICLE V General Provisions Applicable to Solid Waste for all Properties and Uses within the Town of Riverhead §103-13. Accumulation of solid waste: responsibility of owner and occupant. A. No person shall accumulate or permit the accumulation of municipal solid waste on any premises owned or occupied by him or her within the Town of Riverhead except for the purpose of collection by the refuse collector. B. No person shall permit any municipal solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the municipality, except that in the case of recyclables, bulk items or white goods, such goods may be allowed to accumulate for such longer period specified by the Town if collection is provided for but on a longer period between collections. C. Owners and occupiers of residential property are hereby required to make accumulated municipal solid waste available for collection as scheduled under the terms hereof. D. All municipal solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by an authorized collector under contract with the Town (or by a licensed private collector under private subscription) and in accordance with the provisions of this chapter. E. All municipal solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by authorized collectors under contract with or licensed by the Town of Riverhead. In such case where a commercial or institutional establishment contracts directly with a collector, the fee or payment shall be a matter of private agreement between the owners or occupiers and the collector. F. The owner, lessee or occupant of every building within the Town of Riverhead shall keep the same free, clear and clean of all refuse, maintain sidewalks and yard area free and clear of all refuse and, upon notice, shall within five days cause to be removed any unsanitary or unsafe condition on or about the premises owned, used or occupied by said person within the Town of Riverhead. G. Any compost or mulch pile within the limits of the Town of Riverhead shall be maintained in such fashion so as not to attract rodents or cause the development of obnoxious odors or other hazards to the health of the occupants of neighboring properties. H. Toxic, medical, flammable or hazardous waste, the disposal of which is routinely regulated by public authority, shall be disposed of in a manner which is determined by said authority and/or by law. I. It shall be unlawful for any person to collect and dispose of any municipal solid waste within the Town of Riverhead, except as provided in this Chapter. § 103-14. Collection of recyclable materials placed at curbside. A. Only authorized collectors who are acting under authority of the Town of Riverhead shalJ collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this chapter; provided, however, that where the authorized collector has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this chapter, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or streetside. B. Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materiaJs prior to placement at the curbside. §103-15. Burning. No person shall ignite, burn or cause to be ignited or burned any refuse or yard waste within the Town of Riverhead unless said burning is in conformity with all rules and regulations set forth by the State of New York and a permit is obtained from the Town Board and the New York State Department of Environmental Conservation, as applicable. §103-16. Deposit on public or private property. No refuse shall be carted to, dumped o~- deposited in any manner upon any private or public property in the Town of Riverhead except under the supervision and direction of the Superintendent of the Sanitation Department of the Town of Riverhead. Nothing in this section shall be construed to prohibit the proper use of receptacles placed upon the streets or other public places in the Town of Riverhead for the depositing of refuse; provided that such public receptacles shall not be used for the deposit of accumulated household garbage or the deposit of solid waste in containers or receptacles placed by the owner or occupant of private property in commercial use of the deposit of litter by members of the public invited onto such property for commercial purposes § 103-17. Applicability. This article shall apply onty to residents, owners or occupants of property located within the Town of Riverhead. Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www,dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. J--]County I-']City [-~Town E~]Village (Select one:) of RIVERHEAD Local Law No. 8 of the year 2012 A local law AMENDING CHAPTER 103 ENTITLED "SOLID WASTE MANAGEMENT" OF THE (Inse~t Title) RIVERHEAD TOWN CODE Be it enacted by the TOWN BOARD (Name of Legislative Body) I-]County ~]City (Select one:) of RIVERHEAD ~'lTown ~lVillage of the as follows: AMENDING CHAPTER 103 ENTITLED "SOLID WASTE MANAGEMENT" OF THE RIVERHEAD TOWN CODE (If additional space is needed, attach pages the same size as this sheet, and number each,) DOS-0239-f-I (Rev. 02/10) Page 2 of 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only,) I hereby certify that the local law annexed hereto, designated as local law No. 8 the ~Y~)(Town)(~Y~) of RIVERHEAD TOWN BOARD on JUNE 19 2012 (Name of Legislative Body) provisions of law. of 2012 of was duly passed by the , in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage ~er disapproval by the Elective Chief Executive Officer*.) a~ I hereby certify that the local law annexed hereto, designated as local I~ of 20 of the (County)(City)(Town)(Village) of was duly passed by the on J 20 , and was (approved)(not approved) (Name of Legislative Body) ~ (repassed after disapproval) by the ..--~- and was deemed duly adopted (Elective ~cut~ve Officer*) on 20[--T'-~, in accQrda~ce with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. J of 20 of the (County)(City)(Town)(Village) of / was duly passed by the on / 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the ,-/ on 20 (Elective Ch~utive Officer*) Such local law was submitted to the people.~3~f'reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of Jaw. 4. (Subject to permissive referendum and final adoption because no valid ed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No~>.<.~ of 20 of the (County)(City)(Town)(Village) of ~ was duly passed by the on ~ 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the /' on 20.__. Such local (Elective Chief Executive Officer law was subject to permissive referendum ~d ~o valid petition requesting such referendum was filed as of 20 , in accordance with the applical~le provisions of law, * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-I (Rev. 02/10) Page 3 of 4 5. (City local law concerning Charter revision proposed by petition.) ~ I hereby certify that the local law annexed hereto, designated as local law No.~-,''~ of 20 of the City of .... having been submitted to refere, e~o~u~' pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmativ~te of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on J 20 , became operative. 6. (County local law concerning adoptio~'~ Charter.) ~ I hereby certify that the local law annexed hereto, designated as local law/No~, of 20. of the County of State of New York, having~ submitted to the electors at the General Election of November ~ 20 , pursuant to subdivision_...s..~'nd 7 of section 33 of the Mun c pa Home Rule Law, and having received the affirmative vote of a majority of the qu~e ci!ies.(~f said county as a unit and a major ty of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted inlhe manner indicated in paragraph ,1 above. ~.~_~ ~.~~ . Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: ~ _/2~/'~/ 42'~(/~/c::~- (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title J~ of Riverhead Town Date: June 22, 2012 DOS-02394q (Rev. 02/10) Page 4 of 4 06.19.12 ADOPTED 120469 TOWN OF RIVERHEAD Resolution # 469 ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED~ "ZONING" OF THE CODE OF THE TOWN OF RIVERHEAD (ARTICLE XXlII RESIDENCE RC DISTRICT) Councilwoman Gi,qlio offered the following resolution, which was seconded by Councilman Dunleavy WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 108, entitled "Zoning" Article XXIII Residence RC District of the Riverhead Town Code of the Code of the Town of Riverhead ("Town Code"); and WHEREAS, a public headng was held on the 5th day of June, 2012 at 2:20 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 19th day of June, 2012, 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 the local law amending Chapter 108 entitled, "Zoning" of the 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 ail 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 I~Yes J--JNo Gabrielsen J~Yes J--JNo Wooten []Yes [--JNo Dunleavy []Yes [--JNo Walter [~Yes J--INo The Resolution Was [] -I'hereupon Duly Declared Adopted Z~,dopt Local Law\Retirement Community, June 19, 2012 Page 1 TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending Chapter 108 entitled "Zoning" of the Riverhead Town Code at its regular meeting held on June 19, 2012. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 108 ZONING ARTICLE XXIII. Residence RC District (Retirement Community) §108-116. Purpose. It is the purpose of this article to implement the recommendations of the ~ Comprehensive Plan to permit the construction of high density living accommodations mhd attendant sevAccz within a ham!ct area as spccifica!ly maFFzd with/n Lhc Town cf Pdvcrhead .... ~ .......................... v ......... ~ ....with suitable facilities and services that are sufficiently adequate to provide sm~iors and disabled older individuals with comfortable and sari: home-like housing in a congregate setting while providing a continuum of care that allowu seniors and older individuals to age in place, and to further provide services that encourag. personal independence and enhance the quality of life. In addition, it is the intent of the Tow. 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 pursuanl to Article LXII of this chapter. § !0g 117. Uses. §108-117. Definitions. The following terms, phrases, words and their derivatives shall have the meanings g/yen herein: Z~Adopt Local Law\Retirement Community, June 19, 2012 Page 2 Affordable Assisted Living Retirement Community or Affordable Continuing 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 Burean Assisted Living Retirement Community - A facility which provides for a combination of the following land uses: Adult Care Facility A facility that provides residential care and services either as an adult home, an enriched housing program or frostily type home for adults authorized and enabled by the New York Social Services [,aw Section 461-b for senior individuals sixty-five (ii) (65) years and older who are 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 ear 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 ease 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 Commtmity - A facility that may consist of the following land uses: (i) Article 46A Continuing Care Retirement Community - A Facility that consists of Independent Congregate Living Residences, together with some or all of the Uses provided in the Assisted Living Retirement Community. The Assisted Living Retirement Community Units shall be constructed simultaneously with the construction of the Independent Congregate Living Residences. The Adult Care Facility and the Assisted Living Residences shall constitute no less than forty (40%) percent of the total number of the units within the Article 46A Continuing Care Retirement Community. (ii) Generic Continuing Care Retirement Community -A Facility that consists of Independent Congregate Living Residences, together with some or all of the uses provided in the Assisted Living Retirement Community. The Assisted Living Retirement Community Units shall be constructed simultaneously with the construction of the Independent Congregate Living Residences. The Adult Care Facility and the Z~Adopt Local Law\Retirement Community, June 19, 2012 Page 3 Assisted Living Residences shall constitute no less than forty (40%) percent of the total number of the Units within the Generic Continuing Care Retirement Community. Conventional Assisted Living Retirement community or Continuing Care Retirement Community - An Assisted Living Retirement Community or a continuing Care Retirement Community which is not considered an affordable community such that income limits are not imposed. Independent Congregate Living Residences - A Facility for active Seniors, fifty five (55) year~ ofagu and older, who are generally in good health and not in need of assistance, personal care or supervision, organized as a comprehensive and cohesive living arrangement in which their housing accommodations are coupled with a variety of services and amenities designed h, enhance their quality of life. Section 108-I 17.1 - 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 erected7 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 over ,h ..... v,~., c.,.~ r~q~ .... .... ~ .......~ ....,~ ~.rs fifty-five (55) years of age or older. B. Independent Congregate Living Residences C, Assisted Living Retirement Community Continuing Care Retirement Comamtmitv. 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 the principal use and designed for the sole use of the residents of the community or thei~ guests. 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. ~ Z~Adopt Local Law\Retirement Community, June 19, 2012 Page 4 The as-of-right development yield tbr one family dwelling units, either attached or detached for persons fifty-five (55) years of age or older as provided under section 108- 117.1 A. shall not exceed one dwelling unit per 40,000 square feet of land area without the use of transferred development :rights pursuant to Article LXII of the Riverhearl Zoning 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 350 square feet. There shall be a maximum of two bedrooms for all residential units within either an Assisted Living Retirement Community or a Continuing Care Retirement Community. The development yield for all residential units within either an Affordable Assisted Living Retirement Community or an Affordable Continuing Care Retirement Community shall be as follows: (i) Independent living units shall not exceed four (4) dwelling nnit~ per 40,000 square feet of real property. (ii) Assisted living units shall not exceed eight (8) units per 40,000 square feet of real property. E. The development yield for all residential units within either a conventional Assisted Living Retirement Community or a conventional Continuing Care Facility shall be as follows: (i) Independent living units shall not exceed two (2) dwelling 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 Living 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. 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 be subdivideable. Multiple lots shall be consolidated prior to the approval of the relevant special permit. {}108-119. Additional requirements. Z~Adopt Local Law\Retirement Community, June 19, 2012 Page 5 A B. ~he site plan shall show, in addition to all other requirements of this chapter, the following: (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 District 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, gardening and horticultural. (4) The use of interconnecting walkwavs, 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 fi.om 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. Z~Adopt Local Law\Retirement Community, June 19, 2012 Page 6 (6) A buffer strip of not less than ten (10) feet in width, consisting of mac,ed trees and shrubbery or existing mature vegetation supplemented by new landscaping ~hall be maintained alongside front and :rear property lines, except the buffer area shall be 25 feet in width along any lot line abutting a residential district 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 witlfin this strip or buffer. (7) All utilities shall be placed unde:r~round, including telephone, electric and cable telephone service. (8) All parking shall comply with the parking schedule set forth in Section 108-60 of this Chapter notwithstanding the following: No parking shall be provided wi.thin 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 lighting facilities for the safety of pedestrian and vehicular traffic, with exterior spotlighting 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. · Underline represents addition(s) · Stfikethrough represents deletion(s) Dated: Riverhead, New York June 19, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK Z~Adopt Local Law\Retirement Community, June 19, 2012 Page 7 Town of Riverhead Local Law# 9-20]_2 CHAPTER 108 ZONING ARTICLE XXlll Residence RC District (Retirement Community) §108-116, Purpose. It is the purpose of this article to implement the recommendations of the Comprehensive Plan to permit the construction of high density living accommodations 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 while providing a continuum of care that allows seniors and older individuals to age in place, and to 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. The following terms, phrases, words and their derivatives shall have the meanings given herein: Affordable Assisted Living Retirement Community or Affordable Continuing 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 (1 '10%) of median household income for the county of Suffolk as determined by the United States Census Bureau Assisted Living Retirement Community - A facility which provides for a combination of the following land uses: (i) Adult Care Facility 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 are unable to live independently. (ii) Adult Day Care Facility 1 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 may consist of the following land uses: Article 46A Continuing Care Retirement Community - A Facility that consists of Independent Congregate Living Residences, together with some or all of the Uses provided in the Assisted Living Retirement Community. The Assisted Living Retirement Community Units shall be constructed simultaneously with the construction of the Independent Congregate Living Residences. The Adult Care Facility and the Assisted Living Residences shall constitute o less than forty (40%) percent of the total number of the units within the Article 46A Continuing Care Retirement Community. (ii) Generic Continuing Care Retirement Community -A Facility that consists of Independent Congregate Living Residences, together with some or all of the uses provided in the Assisted Living Retirement Community. The Assisted Living Retirement Community Units shall be constructed simultaneously with the construction of the Independent Congregate Living Residences. The Adult Care Facility and the Assisted Living Residences shall constitute no less than forty (40%) percent of the total number of the Units within the Generic Continuing Care Retirement Community. Conventional Assisted Living Retirement community or Continuing Care Retirement Community -An Assisted Living Retirement Community or a continuing Care Retirement Community which is not considered an affordable community such that income limits are not imposed. Independent Congregate Living Residences - A Facility for active Seniors, fifty five (55) years of age and older, who are generally in good health and not in need of assistance, personal care or supervision, organized as a comprehensive and cohesive living arrangement in which their housing accommodations are coupled with a variety of services and amenities designed to enhance their quality of life. 2 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: A~ One family dwelling units, either attached or detached, designed to provide living accommodations for persons fifty-five (55) years of age or older. B.~. Independent Congregate Living Residences C_~ Assisted Living Retirement Community D.~. 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 guests. 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 one family dwelling units, either attached or detached for persons fifty-five (55) years of age or older as provided under section 108- 117.1 A. shall not exceed one dwelling unit per 40,000 square feet of land area without the use of transferred development rights pursuant to Article LXll of the Riverhead Zoning 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 shalt 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 350 square feet. There shall be a maximum of two bedrooms for all residential units within either an Assisted Living Retirement Community or a Continuing Care Retirement Community. The development yield for all residential units within either an Affordable Assisted Living Retirement Community or an Affordable Continuing Care Retirement Community shall be as follows: (i) Independent living units 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 square feet of real property. D~ The development yield for all residential units within either a conventional Assisted Living Retirement Community or a conventional Continuing Care Facility shall be as follows: (i) Independent living units shall not exceed two (2) dwelling 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 Living 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 lot area shall not be less than fifteen (15) acres of contiguous real property in single or consolidated ownership. The contemplated development shall not be subdivideable. Multiple lots shall be consolidated prior to the approval of the relevant special permit. §108-119. Additional requirements. A. The site plan shall show, in addition to all other requirements of this chapter, the following: (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 District and subject 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, gardening 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 ten (10) feet in width, consisting 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 25 feet in width along any lot line abutting a residential district 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 strip or buffer. (7) All utilities shall be placed underground, including telephone, electric and cable telephone service. (8) All parking shall comply with the parking schedule set forth in Section 108-60 of this Chapter notwithstanding the following: 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 adjacent 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 adjoining properties or burden public facilities. (10) The proposed lighting facilities for the safety of pedestrian and vehicular traffic, with exterior spotlighting 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. Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.d os. state.ny.u s/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. [)o not include matter being eliminated and do not use italics or underlining to indicate new matter. E]County r-]city I~]Town [-'~Village (Select one:) of RIVERHEAD Local Law No. 9 of the year 2012 A local law AMENDING CHAPTER 108 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF RIVERHEAD (ARTICLE XXIII RFSIDENCE RC DISTRICT) TOWN BOARD Be it enacted by the (Name of Legisla~ve Body) of the ~]County FqCity (Select one.~ of RIVERHEAD I~lTown E]Village as follows: AMENDING CHAPTER 108 ENTITLED "ZONING" GF THE CODE OF THE TOWN OF RIVERHEAD (ARTICLE XXIII RESIDENCE RC DISTRICT) (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-[ (Rev. 02/10) Page 2 of 4 (Complete*the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only,) I hereby certify that the Iocar law annexed hereto, designated as local law No. 9 the ~(Town)(~Y~) of RIVERHEAD TOWN BOARD on dUNE 19 2012 (Name of Legislative Body) provisions of law. of 2012 of was duly passed by the , in accordance with the applicable Chief Executive Officer*.) /' I hereby certify that the local law annexed hereto,.,~gnated as local law No. the (County)(City)(Town)(Vi~lage) of / on (Name of Legislative Body) // / (repassed after disapproval) by the (Elective Chief Executlve Officer*) on (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective 20 20[~'~, in accordance with the applicable provisions of law. of 20 of was duly passed by the , and was (approved)(not approved) and was deemed duly adopted 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20.__ of the (County)(City)(Town)(Village) of was duly passed by the ~ on 20 , and was (appmved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the ./ on 20 . (Elective Chief ~ecutive Officer*) Such local law was submitted to the people by r/e~son of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting' thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the , on 20 , and was (appmved)(not approved) (Name of Legislative Body) / (repassed after disapproval) by the / on 20 (Elective Chief Exeptive Officer*] law was subject to permissive referendum and no,~.~ilid p.et. ition requesting such referendum was filed as of 20 , in accordance with the applicable p~Wsions of law. Such local * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis er, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-I (Rev. 02/10) Page 3 of 4 5. (City local law concerning Charter revision propoped by petition.) I hereby certify that the local daw annexed hereto, deS~rfated as local law No. of 20. of the City of _ having been~brnitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on" 20.__, became operative. 6. (County local law concerning adoption/~f Charter.) I hereby certify that the local law annexed he/~to, designated as local law No._ of 20 of the County of St/at'~ ~3f New York, having been submdtted to the electors at the General Election of November __ 20 , purs~a.n!.to subdivisions 5 and 7 of section 33 of the Municipal Home Rue Law, and having received the affirmative vote of a majod[y of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceddng local taw with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, an~was{f~,ac~pted ir) the .manner indj, cated in paragraph,1 above, e~,~. CI rk of the county legislati,J'e bo'~, City, '1-'o{vn or Village Clerk or officer designated by local legislative body (Seal) Date: ~/'~', (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local daw annexed hereto. Signature Title ~ of Riverhead Town x~ Date: June 22, 2012 DOS-0239-f-I (Rev. 02/10) Page 4 of 4