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Home My WebLink AboutTOR RES 361 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 10, 2013 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on May 7, 2013 Resolution #361-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 101 ENTITLED "VEHICLES AND TRAFFIC" OF THE RIVERHEAD TOWN CODE ({}101-8. Weight limit of eight tons.) 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. gFilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 10, 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# 361 from Town Board Meeting 5.7.13) Sincerely, Diane M. Wilhelm Town Clerk Signature: DW:cd 200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 - Fax (631)208-4034 05.07.13 ADOPTED 130361 TOWN OF RIVERHEAD Resolution # 361 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 101 ENTITLED "VEHICLES AND TRAFFIC" OF THE RIVERHEAD TOWN CODE (§101-8. Weight limit of eight tons.) Councilwoman Giqlio offered the following resolution, which was seconded by Councilman Dunleavy RESOLVED, that the Town Clerk is hereby authorized to publish and post the attached public notice to consider a proposed local law to consider the amendment of Chapter 101 entitled, "Vehicles & Traffic" of the Riverhead Town Code, once in the May 16, 2013 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and to post same on the signboard in Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE. Giglio []Yes [~No Gabrielsen [~Yes [~No Wooten [~Yes [~No Dunleavy [~Yes [~No Walter [~Yes [~]No The Resolution Was [] Thereupon Duly Declared Adopted G:\050713\361 - TA 101-gM~cyAv¢ ph.doc TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE, that a public hearing will be held on the 22nd day of May, 2013 at 7:20 p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, to consider a proposed local law to amend Chapter 101 of the Riverhead Town Code entitled, "Vehicles & Traffic" as follows: CHAPTER 108 VEHICLES AND TRAFFIC ARTICLE II1 Traffic Regulations § 101-8. Weight limit of eight tons. No person shall operate a motor vehicle of a total weight of greater than 16,000 pounds (eight tons) upon the following designated town highways or part thereof, except local deliveries. Street Location Marcy Avenue In its entirety commencing from the intersection of~ Pulaski Street in a northerly direction to the intersection of Osbom Avenue · Overstrike represents deletion(s) Dated: Riverhead, NewYork May 7, 2013 BY ORDER OF THE BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk G:\050713\361 - TA 101-8MarcyAve ph.doc Office of the Town Clerk Diane 3/1. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 10, 2013 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on May 7, 2013 Resolution #381-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDERA LOCAL LAW TO AMEND CHAPTER 101 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (Article XXVI. Site Plan Review) 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 May 10, 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# 381 from Town Board Meeting 5.7.13) Sincerely, Diane M, Wilhelm Town Clerk Signature: date: DW:cd 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 05.07.13 130381 ADOPTED TOWN OF RIVERHEAD Resolution # 381 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (Article XXVI. Site Plan Review) 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 62 entitled "Excavations" of the Riverhead Town Code once in the May 16, 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 I--]No Gabrielsen [~Yes I-]No Wooten [~Yes I--'lNo Dunleavy [~Yes I-]No Walter [~Yes [--~No The Resolution Was [] Thereupon Duly Declared Adopted TA 5-7-13 Setting Public Hearing to Amend Chapter 108-129 Land Clearing TOWN OF R1VERHEAD 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 22ndday of May, 2013 at 7:15 o'clock p.m. to consider a local la,v amending Chapter 108 entitled "Zoning" of the Riverhead Town Code as follows: CHAPTER 108 ZONING Article XXVI. Site Plan Review § 108-129. Review authorized; approval required; penalties; issuance of permits and certificates of occupancy; expiration. B. Land clearing. No person shall undertake or carry out any such activity or use, including without limitation any grading, clearing, cut~ing and filling, excavating or tree removal associated therewith, without first having obtained site plan approval therefor, pursuant to the provision of this article, posting a performance bond provided for herein and securing a land clearing permit pursuant to Chapter 52 and/or a permit pursuant to Chapter 62 and Chapter 63. Any landowner found guilty of violating this article shall be fined at the rate of $1,000 per day from the day of discovery of the incident until an approved restoration plan is enacted. Underline represents addition(s) Strikethrough represents deletion(s) Dated: Riverhead, New York May 7, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RiVERHEAD DIANE M. WILHELM, TOWN CLERK TA 5-7-13 Setting Public Hearing to Amend Chapter :108-129 Land Clearing Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer May 10, 2013 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on May 7, 2013 Resolution #382-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 62 ENTITLED "EXCAVATIONS" 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 Clerl~ Registrar of Vital Statistics Records Management Officer Marriage Officer May 10, 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# 382 from Town Board Meeting 5.7.13) Sincerely, Diane M. Wilhelm Town Clerk Signature-: DW:cd date: 200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 05.07.13 ADOPTED 130382 TOWN OF RIVERHEAD Resolution # 382 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 62 ENTITLED "EXCAVATIONS" OF THE RIVERHEAD TOWN CODE Councilman Dunleavy offered the following resolution, which was seconded by Councilman Wooten RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice to consider a proposed local law to amend Chapter 62 entitled "Excavations" of the Riverhead Town Code once in the May 16, 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 I--]No Gabrielsen [~Yes J--INo Wooten [~Yes I-]No Dunleavy [~Yes I~No Walter [~Yes E~No i ne h~esoiution Was [] Thereupon Duly Declared Adopted TA 5-7-13 Setting Public Hearing to Amend Chapter 62 Excavations 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 22ndday of May, 2013 at 7:10 o'clock p.m. to consider a local la~v amending Chapter 62 entitled "Excavations" of the Riverhead Town Code as follows: CttAPTER 62 EXCAVATIONS § 62-3. Definitions. GRADE The degree of rise or descent ora sloping surface. IVlATERIAL Topsoil, loana, earth, sand~and/or gravel,and such other material such as ~vood, stumps, timber in its natural or reprocessed state. NATURAL DRAINAGE The stormwater runoff resulting fi'om topographical and geographical conditions prior to changing the grade by any method including but not limited to exportation, importation or grading of the land or portion thereof. NATURAL GRADE The elevation of the ground surface in its natural state before alteration. NATURAL WATERSHED An area of land which, in its natural state and prior to any change, including but not limited to exportation, importation or grading, and due to its topography and geography, drains to a particular location within that area. § 62-5.Exempt premises and qualifications for Certificate of Exemption. A.The following uses and operations by an owner or lessee of premises or by his agent are exempt from the provisions of this chapter: (:2-) 1LD An owner or lessee engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and § 108-3 of the Town Code, on lands which qualify for an agricultural assessment, pursuant to Article 25-AA of the Agriculture and Markets Law, seeking to remove soil for the purpose of agricultural production shall be exempt from Chapter 62cr :--~** --"*~:~ ~^~.~a ,~ ~ :-~:a~,.~ ,~ ,u~ u ..... ,:~- Ac ....... z'ach ether ~ .......... t~ .......... provided that (1) the removal of soil shall be limited to that amount of material necessary to plant or harvest crops and (2) shall not change the TA 5-7-13 Setting Public Hearing to Amend Chapter 62 Excavations natural grade or slope and/or natural drainage existing on the subject property prior to the above described activity An ~:~* ........ ~;r., r ..... ~*:~ cf ...... ~;~ r~ ~v .................. ~ ~ 2. As provisions set fo~h in Chapter 108 ~d Chapter 44 of the Town Code make clear that preservation of prime a~iculmral soils is an impo~ant goal of the To~vn of Riverhead and removal of soils may threaten the long-te~ agricultural viability of the land, except as set foffh above the expo~ation of material will not be exempt from the provisions of this chapter. (2)An owner or lessee engaged in a~ricultuml productiom as defined in Article 25-AA of the Agriculture and Markets Law and § 108-3 of the Town Code, on lands which qualify for an agricultural assessment, pursuant to Article 25-AA of the Agriculture and Markets La,v, seeking to import material shall be exempt from Chapter 62 provided that (1) the importation of material shall be limited to that mnount of material necessary to plant or condition/fertilizer so as to enrich soils and restore the opportunity for improved plant growth (2) the importation of material shall not change the natural grade or slope and/or natural drainage existing on the subject property prior to the above described activity, (3) material imported shall not exceed 3000 cubic yards per year (4) the importation shall be limited to material defined as organic material pursuant to NYS DEC Regulations Part 360(3) (5) the material be ground to a size less than 6" in Iength x 2: in width or chipped to size 2" (6) the material shall not include material containing wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles, and (7) the material shall not be offered for sale but instead must be used on site. (3)An owner or lessee of improved residential property seeking to import material shall be exempt from Chapter 62 provided that (1) the importation of material shall be limited to that amount of material necessary to plant or condition/fertilize lawn and planting (2) the importation of material shall not change the grade or slope such that the natural drainage existing on the subject property prior to the above described activity is altered (2) material imported shall not exceed 1000 cubic yards per year (3) the importation shall be limited to material defined as organic material pursuant to NYS DEC Regulations Part 360(3) (4) the material be ground to a size less than 3" in length x 2: in width or chipped to size 2" (5) the material shall not include material containing wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles, and (6) the material shall not be offered for sale but instead must be used and incorporated into the lawn or planting areas. B.~. The following uses and operations by an owner or lessee of premises or by his agent qualify for an exemption from the provisions of this chapter such that an applicant may obtain a certificate of exemption from the Town Board: (1) An applicant may qualify for a certificate of exemption for excavation by dredging operations within existing navigable waters upon demonstration of approval by appropriate town, county, state or federal agencies or departments. TA 5-7-13 Setting Public Hearing to Amend Chapter 62 Excavations (2)An applicant may qualify for a certificate for exemption for importation of materials as defined in this chapter, provided that such importation is necessary for the purpose of operating, maintaining, or establishing an agricultural operation as defined in 108-3 and subiect to the following conditions: (1) An owner or lessee engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and { 108-3 of the Town Code, on lands which qualify for an agricultural assessment pursuant to Article 25-AA of the A~riculture and Markets Law, (2) the importation of material shall not change the grade or slope such that the natural drainage existing on the subiect property prior to the above described activity is altered (3) the importation of material shall be limited to that amount of material necessary to plant or condition/fertilizer so as to enrich soils and restore the opportunity for improved plant growth (4) material shall not exceed 10000 cubic yards per year (5) the importation shall be limited to material defined as organic material pursuant to NYS DEC Regulations part 360 (6) the material be ground to a size less than 6" in length x 2" in width or chipped to a size 2" (7) the material shall not include materialcontaining wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles, (8'} a detailed statement of the proposed ~vork and three-dimensional extent of the proposed importation and exact condition of the plot or premised before the work proposed to be accomplished under the requested permit is commenced and the proposed condition of said plot or premises when the work is completed (9) a detailed statement from NYS AG & Markets, Suffolk County Soil Conservation or NRCS and (10'} the material, in its natural or reprocessed state, shall not be offered for sale but instead must be used onsite. Note, as set forth in 62-5 (A) (1) preservation of prime agricultural soils is an important goal of the Town of Riverhead and removal of soils may threaten the long-term agricultural viability of the land, the exportation of material will not be eligible for a certificate of exemption. ~.C. The following uses and operations by an owner or lessee of premises or by his agent qualify for an exemption from the provisions of this chapter such that an applicant may obtain a certificate of exemption from the Building Administrator: (1)An applicant may qualify for a certificate of exemption for importation, excavation or exportation of material as defined in this chapter when such importation, excavation or exportation is necessary for the construction of a single-family residence and accessory uses related to single-family residences subject to an applicant obtaining permit approval, pursuant to Chapter 52 from the Building Department for such residence or accessory uses, upon submission of a copy of the building permit and survey indicating the amount of material imported, excavated or exported required for said construction. (2) An applicant may qualify for a certificate of exemption for the excavation or exportation of material, as defined in this chapter, for soil borings, provided that the material excavated or exported is limited to the amount required to obtain the boring sample. § 62-4. Application for Permit. A. The owner, lessee or agent of the premises shall obtain a Chapter 62 permit or certificate of exemption prior to the excavation, exportation or importation of material as defined in TA 5-7-13 Setting Public Hearing to Amend Chapter 62 Excavations Chapter 62. The owner, lessee or agent of the premises shall obtain a Chapter 62 permit or certificate of exemption pursuant to ~ 62-5 of this chapter from the Town Board of the Town of Riverhead, except applicants seeking to excavate, export or import material related to a proposed site plan or subdivision shall be required to obtain final approval for the site plan or subdivision together with building permit and/or foundation permit prior to application for a permit under this chapter. Note: a permit or certificate of exemption shall not entitle the applicant to clear or grade without obtaining approvals required under § I08-129B and D~ Chapter 52 and/or Chapter 63. For that purpose, such owner, lessee or agent shall file with the Building Department of the Town ofRiverhead a verified application, in duplicate, for such permit or request for exemption containing a detailed statement of the proposed work, together with a plan prepared by a duly licensed engineer or land surveyor of the State of New York or a plot plan reviewed and approved by Natural Resources Conservation Service or Suffolk County Soil and Water Conservation for agricultural production as defined in § 108-3 or such other activities that may qualify for a certificate of exemption, setting forth in detail or including the following information: (12) An applicant for residential, commercial and/or industrial subdivision approval or site plan approval shall submit an estimate of the volmne of materials to be excavated, exported or imported as certified by a professional engineer, to either the Planning Board or Town Board. The estimate of the volume of materials shall be noted on the approved site plan or subdivision map. Note, as stated above, applicants seekin~ to excavate, export or import material related to a proposed site plan or subdivision shall be required to obtain final approval for the site plan or subdivision together with building permit and/or foundation permit prior to application for a permit under this chapter. In addition, the Town ma,/limit a permit for proiects to be constructed or improved in phases or capable of phased construction or improvement such that the Chapter 62 permitted activities run concurrent with the phased construction or improvement. Underline represents addition(s) Strikethrough represents deletion(s) Dated: Riverhead, New Yo£~: May 7, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF R/VERHEAD DIANE M. WELHELM, TOWN CLERK TA 5-7-13 Setting Public Hearing to Amend Chapter 62 Excavations