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Home My WebLink AboutTOR RES 291 Office of the Town Clerk Diane M. Wilhelm, Town Cleric Registrar of Vital Statistics Records Management Officer Marriage Officer April 4, 2013 Suffolk County Planning Department Lt. State Park Commission Town of Southotd Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on April 2, 2013 Resolution #291-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 106 ENTITLED "WATERWAYS" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer April 4, 2013 We would appreciate your signing this letter acknowledging receipt of the Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 291 from Town Board Meeting 4.2.13) Diane M. Wilhelm Town Clerk date: DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 04.02.13 ADOPTED 130291 TOWN OF RIVERHEAD Resolution # 291 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICF TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 106 ENTITLEI') "WATERWAYS" OF THE RIVERHEAD TOWN CODF Councilwoman Gi,qlio offered the following resolution, which was seconded by Councilman Dunleavy RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice to consider a proposed local law to amend Chapter 106 entitled "Waterways" of the Riverhead Town Code once in the April 11, 2013 issue of the News- Review, the newspaper hereby designated as the official newspaper for this purpose, and post same on the sign board at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes E~No Gabrielsen [~Yes I--INo Wooten [~Yes E]No Dunleavy []Yes E~No Walter ABSENT The Resolution Was [] Thereupon Duly Declared Adopted TA 4-2-13 Setting Public Hearing to Amend Chap. 106 Waterway$-H ouseboats TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 7thday of May, 2013 at 2:15 o'clock p.m. to consider a local law amending Chapter 106 entitled "Waterways" of the Riverhead Town Code as follows: CHAPTER 106 WATERWAYS ARTICLE I. General Provisiop- ~j-406-2~ 106-'1. Legislative findings. It is hereby declared and found that the operation of boats and use of vessels for residential and/or business purposes (offices) in the waters or waterways of the Town of Riverhead, New York, is a matter affecting the public interest and consequently should be subject to the supervision and administrative control of municipal authority for the purpose of safeguarding the public. It is the intent of this article to prevent pollution, fire hazards, interference with navigable waterways and overcrowdin.q within the watem adiacent to the Town of Riverhead and subject to its jurisdiction, and, further to preserve and protect the health, safety and welfare of the people of the Town of Riverhead, natural ecoloqy of the waters of the Town of Riverhead, and the tidal and freshwater wetlands. o .... .~ ,,,,,-... Areas covered; compliance with other regulations. ~-I06-~..~ 106-3.Definitions and word usage. A, The following terms, phrases and their derivatives shall have the meanings given herein: FLOATING HOME/CABANA - Any vessel in fact used, designed or occupied as n dwellinq unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon n barge or pontoons which is primarily immobile and out of navigation which function~ substantially as a land structure while the same is moored or docked within themunicipal limits of the Town of Riverhead, whether such vessel is self-propelled or not. HOUSEBARGE - Any vessel or craft used or designed to be used on the water surfaco and to provide residential accommodations with sleeping and toilet facilities, whose TA 4-2-13 Setting Public Hearing to Amend Chap. 106 Waterways-Houseboats volume coefficient is greater than fifteen hundred (1,500) cubic feet. Volume coefficient is the ratio of the habitable space of a vessel measured in cubic feet to the draft of n vessel measured in feet of depth. Habitable space is any enclosed area used or designed to be used for a person to sleep, sit or eat. RESIDENTIAL HOUSEBOAT - A vessel not designed primarily for residential dwellinq units, designed primarily for pleasure craft, recreation and for independent navigation and not considered a fioatinq home, in accordance with the definition set forth above, and which is being used or occupied for residential purposes. RESIDENTIAL PURPOSES - The use of a houseboat, vessel or floating home as a dwelling place, residence or place of abode. The term "residential purposes" shall not be construed to prohibit the occasional ovemiqht use of a houseboat incidental to a transient stay by the vessel within the Town of Riverhead between April1 and November 1 of each year. ~ 1064. Sanitation. ARTICLE II, Houseboats &House Barge~ § 106.~Purpose and intent, A.Applicabitity. This article is intended to regulate the use of vessels commonly described and known as Floating Homes, Floating Cabanas or House Barges and defined in §106-3 of thin chapter within the Town of Riverhead and shall apply to all waters within or bordering the Town of Riverhead to a distance of one thousand five hundred (1500) feet from thn shore and to such other waters, including tidal and freshwater wetlands within the Town of Riverhead. No person, corporation, firm, association, organization, owner or agent shall construct, install, anchor, moor, dock or otherwise maintain a floating home, floating cabana or house barqe within Town waters, nor shall any person dwell, reside, sleep, occupy (in the case of an office) or otherwise maintain a place of abode on any such prohibited floating home, floating cabana or house bar.qe. This provision shall not apply to floating homes, floating cabanas or house barqes existing and legally berthed, moored or anchored and continuously occupied for a period of three months within the waters of the Town of Riverhead as of the date of passage of this article, however, any vessel fa!ling into this category shall be required to adhere to the restrictions and requirementn set forth in §106-5 C. Any floating home in existence on the effective date of this articln which has been continuously occupied for a period of three months or more shall bo exempt from the provisions hereof and not prohibited; provided, however, that if, TA 4-2~;~3 Setting Public Hearing to Amend Chap. ;I06 Waterways-Houseboats subsequent to the effective date hereof any such exempt floating home is, for n continuous period of one year or more, either unoccupied or removed from Town waters, such floatinq home shall lose such exemption and shall thereafter to be subiect to this article and prohibited. C. Existinq Floatinq Homes, Floating Cabana's, House Barges. ,Any existinq floatin.q homes, floating cabanas, house barqes which meets the criteria set forth in §106-5 B located within the waters of the Town of Riverhead may apply to the Conservation Advisory Council for a permit exempting said floating home, floatin!'i cabana or house barge from the above provisions subiect to the following conditions: 1.An application seeking a permit must be made within 120 days of the effectivo date of this chapter. 2.Upon fiiin.q of an application for a permit, applicant shall agree to annual inspection by the Town of Riverhead Buildin.q Department for compliance with NYS Buildin.q Code, United States Coast Guard regulations, and such other applicable rules or regulations applicable to floatinq homes, floating cabanas, and house barges. 3.A permit issued by the Conservation Advisory Council must be renewed every year. To entitle applicant to a renewal, applicant must demonstrate complianco with all sections of this Article, Chapter 47 and Chapter 107, as well as any and all terms or conditions set forth and made part of the permit granted by tho Conservation Advisory Council. 4.Said permit must be renewed within 120 days of a sale or transfer of the floatin.q home, floating cabana, house barqe to any person or entity other than a member of the owners family: 5.A permit shall cease and be of no further force and effect upon destruction of thn floating home1 floating qsbana, house barae by reason of ~fnrm, fire or act of God to the extent of 50% or more of its fair market value shall be destroyed. Whero more than 50% of fair market value remains, any existin.q use having a permit may be restored to the same existing use as it existed before such damaqe. 6.Within six (6) months of enactment of this local law, all floatinq homes, floating cabanas, house barqes shall have holding tank for all waste water and wasto water disposal system in conformance with all applicable laws and regulations. 7. No such floating home, floating cabana, house barge shall be place in any manner that will obstruct or interfere with navigation. D.Acceptance of Permit. TA 4~2-;:L3 Setting Public Hearing to Amend Chap, 106 Waterways-Houseboats An acceptance of a permit shall constitute an agreement by permit holder that he or shu will defend and hold the Town of Riverhead, its departments, officers or a.qenh; harmless from any and all claims of loss, damage, suit, iud.qment for property dama.q~ or personal injury, including death and reasonable attorneys fees, which may arise from or in connection with the operation, docking, tying, lowering, removal or disposal of th~ floating home, floating cabana, house barge, and further aqrees to fully reimburse th~: Town of Riverhead for any dama.qe caused to the Town of Riverhead.An acceptance or a permit shall constitute an agreement by the permit holder to abide by all of the rules, regulations and provisions of Chapter 47, 107 and 106 of the Riverhead Town Code. E.Penalties for offenses. For any and every violation of the provisions of this chapter, the owner, general aqent, tenant, lessee of a floatin.q home, floatinq cabana or house barge where such violatio. has been committed or shall exist shall be guilty of an offense and, upon convictio. thereof, be punishable by a fine not exceedinq $500 or imprisonment for a period not ~ exceed six months, or both. Each week's continued violation shall constitute a separato additional violation. ARTICLE III. Anchoring and Abandoned Vessel,~ A. Vessels shall not moor or anchor in any channel within 50 feet of any channel marker or so as to interfere with the full use of the channel, nor shall any vessel be moored or anchored within 50 feet of any dock, pier or other vessel docking or launching facilities. B. No vessel shall restrict or obstruct the use on any public bulkhead, dock or landing owned or controlled by the Town of Riverhead. C. Boats shall not moor or anchor so as to endanger the safety of or cause damage to any boat previously anchored or moored nor so as to interfere with the mooring of any boat previously laid down. Any boats so moored or anchored shall be removed by the owner or person in charge thereof on order of the Town Board or any duly authorized officer or agent thereof or member of the Town Police or Bay Constable of the Town. If said boat is not removed after orders to so remove it, it may be removed by or at the direction of the Town Board or any duly authorized officer or agent thereof or member of the Town Police or Bay Constable of the Town, at the expense of the owner or person in charge of said vessel, to be enforced by civil suit. · Underline represents addition(s) · Strikethrough represents deletion(s) TA 4-2-:L3 Settin§ Public Hearin§ to Amend Chap. :t06 Waterways-Houseboats Dated: Riverhead, New York April 2, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK TA 4-2-13 Setting Public Hearing to Amend Chap. i06 Waterways-Houseboats