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HomeMy WebLinkAboutTOR RES 562 F ~ ~ ?i Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 9, 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 July 16, 2013. Resolution#562-ADOPTS A LOCAL LAW TO AMENDING 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, l .j~c • Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue -Riverhead, New York 11901 (631)727-3200 Ext. 260 -Fax (631)208-4034 o i 1 f, o=,,,.ao,.~;,..R...a",;,~M ~ Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer August 9, 2013 We would appreciate your signing this letter acknowledging receipt of the Resolution and emailing it to WilhelmCa~townofriverheadny.gov. (Resolution# 562 Town Board Meeting 7.16.13) 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 07.16.13 ADOPTED 130562 TOWN OF RIVERHEAD Resolution # 562 ADOPTS A LOCAL LAW AMENDING CHAPTER 62 ENTITLED "EXCAVATIONS" OF THE RIVERHEAD TOWN CODE Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio 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 62 entitled "Excavations" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 22"d day of May, 2013 at7:10 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 ITRESOLVED, that a local law amending Chapter 62 entitled "Excavations" 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 rnnv n_f_ 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 ?No Dunleavy ®Yes ?No Walter ®Yes ?No The Resolution Was ®Thereupon Duly Declared Adopted TA 7-16-13 Adop[ Amendments to Chap.62-Excavafions TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board ofthe Town of Riverhead adopted a local law amending Chapter 62entitled "Excavations", of the Riverhead Town Code at its meeting held on July16, 2013. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 62 EXCAVATIONS § 62-3. Definitions. GRADE The decree of rise or descent of a sloping surface. MATERIAL Topsoil, loam, earth, sandartd,~er gravel and such other material such as wood, shtmps, timber in its natural or reprocessed state. NATURAL DRAINAGE The stormwater runoff resulting from topographical and geographical conditions prior to chanainu the grade by any method includine but not limited to exportation importation or grading of the land or portion thereof. NAT[ JRAL 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 includint? but not limited to exportation importation or grading and due to its topography and ee oQraphy drains to a particular location within that area. § 62-5. Exempt premises and qualifications for Certificate of Exemption. A The followi~ uses and operations by an owner or lessee of premises or by his agent are exempt from the provisions of this chapter: f~~ 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 puroose of agricultural production shall be exempt from Chapter 62 . *w ~^^a^^*~^^ provided that Ll) the removal of soil shall be limited to that amount of material necessary to plant or harvest crops and (2) shall not change the natural grade or slope and/or natural drainage existing on the subiect property prior to the above described activity, • - ~ c _ ,.^..«;a^^.o ^£o„~t;oa_fe~ i TA 7-16-13 Adopt Amendments to Chap.62-Excavations P` as-~,.....,.... ..,:~rutlan ^ a^Fr a ' . 7 10° As provisions set forth in Chapter 108 and Chapter 44 of the Town Code make clear that preservation of prime agriculhira] soils is an important goal of the Town of Riverhead and removal of soils may threaten the long-term agricultural viability of the land, except as set forth above the exportation of material will not be exempt from the provisions of this chapter. ~)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 import material shall be exemrot from Chapter 62 provided that (1) 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 (2) the importation of material shall not change the natural erode or slope and/or natural drainage existing on the subiect pronerty 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) (51 the material be ground to a size less than 6" in length 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 Hitch 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 erode or Slone such that the natural drainage existing on the subiect 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(31 (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 containine 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 incomorated into the lawn or plantin areas. a4. 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. ~)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 pumose of operating maintaining or establishing an agricultural operation as defined in 108-3 and TA 7-16-13 Adopt Amendments to Chap.62-Excavations subject 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 Agriculture and Markets Law, (2) the importation of material shall not change the grade or slope such that the natural drainaee exists on the subject 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 oreanic material pursuant to NYS DEC Regulations part 360 (6) the material be Around to a size less than 6" in length x 2" in width or chipped to a size 2" (7) the material shall not include materialcontainine wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles, (8) a detailed statement of the proposed work 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 (i0) 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. B: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: (t)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 asingle-family residence and accessory uses related to single-family residences subject to an applicant obtaining permit approval, pursuant to Chapter 52 from the Buildine 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 Chapter 62. The owner, lessee or agent ofthe 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 seekine to excavate, export or import material related to a TA 7-16-13 Adopt Amendments to Chap.62-Excavations proposed site elan 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 § 108-129B and D, Cha tep r 52 and/or Chapter 63. For that purpose, such owner, lessee or agent shall file with the Building Department of the Town of Riverhead 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 volume 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 seeking to excavate export or im ort material related to a ro osed site lap or subdivision shall be re uired to obtain final approval for the site plan or subdivision together with building permit and/or foundation Hermit prior to application for a uermit under this chapter ht addition the Town may limit a permit for projects to be constructed or improved in phases or caroab]e 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 York July16,2013 BY ORDER OF THE TO WN BOARD OF THE TOWN OF RIVERI~AD DIANE M. WILHELM, TOWN CLERK TA 7-16-13 Adopt Amendments to Chap.62-Excavations Town of Riverhead Local Law #10-2013 CHAPTER 62 EXCAVATIONS § 62-3. Definitions. GRADE The degree of rise or descent of a sloping surface. MATERIAL Topsoil, loam, earth, sand, gravel, and such other material such as wood, stumps, timber in its natural or reprocessed state. NATURAL DRAINAGE The stormwater nmoff resulting from 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. i-"---- u , . ri. iliG 'iJiiii'vv iii" ^r~°, L., UJVJ [LLl V~lel4t1V11J Vy CLll VYV llel Vr leJSee V1 pr~niijej Vr uy Ills agelii 0. exempt from the provisions of this chapter: (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 Agriculture and Markets Law, seeking to remove soil for the purpose of agricultural production shall be exempt from Chapter 62 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 natural grade or slope and/or natural drainage existing on the subject property prior to the above described activity. As provisions set forth in Chapter 108 and Chapter 44 of the Town Code make clear that 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, except as set forth above the exportation of material will not be exempt from the provisions of this chapter. (2) 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 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 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 length 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 frorn Chapter 62 provided that (1) the importation of material shall be limited to that amount of material necessary to plant or conditiov/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. (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 subject 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 Agriculture and Markets Law, (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 (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 material containing wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles, (8) a detailed statement of the proposed work 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 prerises 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 asingle-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 aniount 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 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 § 108-129B 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 of Riverhead a verifred 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 volume 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 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. In addition, the Town may limit a permit for projects 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.