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HomeMy WebLinkAboutTOR RES 624 OSP(glT9t 4(P 40.OGR S 1 I Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 29, 2014 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 #624 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on September 3, 2014 Resolution #624 -ADOPTS A LOCAL LAW AMENDING CHAPTER 107 ENTITLED "TIDAL AND FRESHWATER WETLANDS" 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, "- - Y/( , �/� Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 �f r 4 c ; nFaosrFnlr`ER P.R.1111M 0.v Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 29, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhlem at wilhelm(cDtownofriverheadny.aov or by fax at 631-208-4034. Signature: Date: Town Board Meeting September 3, 2014 2:00 P.M. Resolution #624 —ADOPTS A LOCAL LAW AMENDING CHAPTER 107 ENTITLED "TIDAL AND FRESHWATER WETLANDS" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034 09.03.14 ADOPTED 140624 TOWN OF RIVERHEAD Resolution # 624 ADOPTS A LOCAL LAW AMENDING CHAPTER 107 ENTITLED "TIDAL AND FRESHWATER WETLANDS" 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 107 entitled "Tidal and Freshwater Wetlands" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 19th day of August 2014 at 7:25 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 107 entitled "Tidal and Freshwater Wetlands" 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 ❑No Dunleavy ®Yes ❑No Walter®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted TA 9-3-14 Adopt Amendments to Chap.107 Tidal and Freshwater Wetlands TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law amending Chapter 107 entitled "Tidal and Freshwater Wetlands", of the Riverhead Town Code at its meeting held on September 3, 2014. Be it enacted by the Town Board of the Town of Riverhead as follows.- Chapter ollows:Chapter 107. TIDAL AND FRESHWATER WETLANDS § 107-5. Permitted acts. The acts set forth in 107-4 are permissible if done pursuant to the terms and conditions of a permit approved by the GG6in.Gil,-e-r--pUFSuaRt te an approved and filed subdiViSOOR map eF building permit board or department vested with the authority to review, approve, approve with conditions or deny an application for the proposed activity or use and/or related to an activity or use i.e. application to construct bulk head on residential lot-Building Department deposit fill within 150 feet boundary of freshwater wetlands related to a site plan-Planning Board To the extent the provisions of the Town Code do not identify the board or department vested with the authority to review, approve approve with conditions or deny the application the Town Board shall have the authority to approve, approve with conditions or deny the application As set forth in the Provisions below, the Planning Department acting on behalf of the board or department vested with the authority to render a decision to approve approve with conditions or deny the application shall refer all applications to the Conservation Advisory Council for report and recommendation. § 107-6. Application for permit. A. All apps applications for a permit to do any of the acts regulated or permitted by §§107-4 and 107-5 shall present an original and three copies of the pel:m+t completed application, together with other required information outlined in this chapter, to the office Planninq Department-Air and an application fee of $100.00 isto be paid te the Tewn Clerk. All applications and copies thereof must be accompanied by or included the following information: § 107-7. Procedure for issuance of permit; display of permit; inspections. A. The Director of the Planning Department shall retain the original permit application for his/her files and distribute one copy each to the board or department vested with the authority to make a decision to approve approve with conditions or deny the application Town Be , the Conservation Advisory Council, and any other board, department agency deemed interested or involved in the application all ether iRyelyed agen�;e� v orrccr-ctg�rrar�a. B. The Conservation Advisory Council shall TA 9-3-14 Adopt Amendments to Chap.]07 Tidal and Freshwater Wetlands commence review within 30 days of referral from the Planning Department The Conservation Advisory Council shall issue a report and recommendation to approve approve with conditions or deny the application within 60 dans from the initial referral to the Conservation Advisory Council In the event that an application is determined to be incomplete and/or additional information is requested by the Conversation Advisory Council, the Conversation Advisory Council shall advise the applicant within 30 days from the date of referral and grant applicant 30 days to provide the information and/or supplement the application. The 60 day time period to issue a report and recommendation shall not apply where an environmental impact statement is to be Prepared by the applicant in which case said 60 day period shall not commence until a final environmental impact statement has been accepted by the lead agency exercising jurisdiction over the proiect. C. The Conservation Advisory Council d8GiSien shall be binding unless modified by the — — ..Ge 61PGR the Town BeaFd, whiGheveF shall be lateF. if either the appliGaRt E)F th and GeRditions, if a..., by the TOWR Board . shall deliver a copy of the report and recommendation to the Planning Department and in turn the Planning Department shall deliver a copy to the board or department vested with authority to approve, approve with conditions or deny the application and mail a copy to the applicant within 5 days of receipt of the Conservation Advisory Council's report and recommendation. The Town Board Planning Board or Building Department as the case may be, may approve, modify or reiect the recommendation of the Conservation Advisory Council within 15 days of receipt of the report and recommendation Such 15 day period shall commence upon the lapse of 3 days from mailing of a copy of the decision of the Conservation Advisory Council to the applicant or service upon the board or department, whichever shall be later. In the event that the board or department seeks to modify or refect the recommendation of the Conservation Advisory Council the board or department shall publish its decision including its findings of fact and conclusions in the official newspaper of the Town except for an application within the jurisdiction of the Town Board shall require that Town Board hold a public hearing upon reasonable notice published in the official newspaper of the Town prior to modification or resection of the Conversation Advisory Council's recommendation The Town Board shall, after the required public hearing then render a decision to deny, approve or approve with conditions the permit application. In rendering a decision of approval approval with conditions or denial of a permit the Town Board shall state in writing its findings of fact and conclusions. The decision shall be transmitted to the Town Clerk who will advise the applicant of such decision by transmitting a copy of the permit TA 9-3-14 Adopt Amendments to Chap.107 Tidal and Freshwater Wetlands application to the applicant together with the decision and conditions if any, imposed by the Town Board. D. The-All decisions of the-Tvwn Bc)aFd regarding a permit application shall be judicially reviewable. § 107-7.1. Standards for issuance of permit to clear native vegetation. A. The Conservation Advisory Council shall use the following criteria when evaluatinq an application for a permit under § 107-7 to clear native vegetation unless the applicant demonstrates that the proposed clearing: Underline represents addition(s) Overstrike represents deletion(s) Dated: Riverhead, New York September 3, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK TA 9-3-14 Adopt Amendments to Chap.107 Tidal and Freshwater Wetlands Town of Riverhead Local Law# 12-2014 Chapter 107. TIDAL AND FRESHWATER WETLANDS § 107-5. Permitted acts. The acts set forth in 107-4 are permissible if done pursuant to the terms and conditions of a permit approved by the board or department vested with the authority to review, approve, approve with conditions, or deny an application for the proposed activity or use and/or related to an activity or use, i.e. application to construct bulk head on residential lot-Building Department, deposit fill within 150 feet boundary of freshwater wetlands related to a site plan-Planning Board. To the extent the provisions of the Town Code do not identify the board or department vested with the authority to review, approve, approve with conditions, or deny the application, the Town Board shall have the authority to approve, approve with conditions or deny the application. As set forth in the provisions below, the Planning Department, acting on behalf of the board or department vested with the authority to render a decision to approve, approve with conditions, or deny the application, shall refer all applications to the Conservation Advisory Council for report and recommendation. § 107-6. Application for permit. A. All applications for a permit to do any of the acts regulated or permitted by §§107-4 and 107-5 shall present an original and three copies of the completed application, together with other required information outlined in this chapter, to the Planning Department and an application fee of$100.00. All applications and copies thereof must be accompanied by or include the following information: § 107-7. Procedure for issuance of permit; display of permit; inspections. A. The Director of the Planning Department shall retain the original permit application for his/her files and distribute one copy each to the board or department vested with the authority to make a decision to approve, approve with conditions or deny the application, the Conservation Advisory Council, and any other board, department, agency deemed interested or involved in the application. B. The Conservation Advisory Council shall commence review within 30 days of referral from the Planning Department. The Conservation Advisory Council shall issue a report and recommendation to approve, approve with conditions or deny the application within 60 days from the initial referral to the Conservation Advisory Council. In the event that an application is determined to be incomplete and/or additional information is requested by the Conversation Advisory Council, the Conversation Advisory Council shall advise the applicant within 30 days from the date of referral and grant applicant 30 days to provide the information and/or supplement the application. The 60 day time period to issue a report and recommendation shall not apply where an environmental impact statement is to be prepared by the applicant, in which case said 60 day period shall not commence until a final environmental impact statement has been accepted by the lead agency exercising jurisdiction over the project. C. The Conservation Advisory Council shall deliver a copy of the report and recommendation to the Planning Department, and, in turn, the Planning Department shall deliver a copy to the board or department vested with authority to approve, approve with conditions, or deny the application and mail a copy to the applicant within 5 days of receipt of the Conservation Advisory Council's report and recommendation. The Town Board, Planning Board, or Building Department, as the case may be, may approve, modify or reject the recommendation of the Conservation Advisory Council within 15 days of receipt of the report and recommendation. Such 15 day period shall commence upon the lapse of 3 days from mailing of a copy of the decision of the Conservation Advisory Council to the applicant or service upon the board or department, whichever shall be later. In the event that the board or department seeks to modify or reject the recommendation of the Conservation Advisory Council, the board or department shall publish its decision, including its findings of fact and conclusions in the official newspaper of the Town, except for an application within the jurisdiction of the Town Board shall require that Town Board hold a public hearing upon reasonable notice published in the official newspaper of the Town prior to modification or rejection of the Conversation Advisory Council's recommendation. The Town Board shall, after the required public hearing, then render a decision to deny, approve or approve with conditions the permit application. In rendering a decision of approval, approval with conditions or denial of a permit, the Town Board shall state, in writing, its findings.of fact and conclusions. The decision shall be transmitted to the Town Clerk, who will advise the applicant of such decision by transmitting a copy of the permit application to the applicant, together with the decision and conditions, if any, imposed by the Town Board. D. All decisions regarding a permit application shall be judicially reviewable. § 107-7.1. Standards for issuance of permit to clear native vegetation. A. The Conservation Advisory Council shall use the following criteria when evaluating an application for a permit under § 107-7 to clear native vegetation unless the applicant demonstrates that the proposed clearing: