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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
October 22, 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 #743 which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on October 21, 2014
Resolution# 743-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 52 ENTITLED "BUILDING
CONSTRUCTION" 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
Ance,rely,
Diane M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
10.21.14 ADOPTED
140743
TOWN OF RIVERHEAD
Resolution # 743
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 52 ENTITLED
"BUILDING CONSTRUCTION" OF THE RIVERHEAD TOWN CODE
Councilwoman Giglio 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 52 entitled
"Building Construction" of the Riverhead Town Code once in the October 30, 2014 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 ❑No Gabrielsen ®Yes ❑No
Wooten ®Yes [:]No Dunleavy ®Yes ❑No
Walter ®Yes ❑No
The Resolution Was ® Thereupon Duly Declared Adopted
TA 10-21-14 Setting Public Hearing to Amend Chap.52 Building Construction Septic System
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 5t" day of November, 2014 at 2:25 o'clock p.m. to consider a local law amending
Chapter 52 entitled "Building Construction" of the Riverhead Town Code as follows:
§ 52-6. Application for building permit.
K. The development of a lot within a residential or agricultural zoning use district and/or
located within 150 feet of the boundary of any state or local designated freshwater
wetland or 300 feet of the boundary of any state or local designated tidal wetland
shall conform to the following standards in the consideration of a building permit:
In addition to the provisions set forth above and in an effort to prevent water
pollution, improve water quality and protect our ecosystems, the owner or
applicant seeking to perform any renovation which involves a modification of an
existing floor plan or any additions which increase the square footage of living
area of any one or two family dwellings, including accessory structures (e.g.
pool house) located within the jurisdiction of Tidal or Freshwater Wetlands within
the Town of Riverhead as defined in 52-6 (K) above the owner or applicant
shall require approval by the Suffolk County Department of Health Services and
Town of Riverhead Building Department prior to the issuance of a building
permit. The approvals for Subsurface Sewage Treatment Systems (SSTS), or
such other alternative septic system design types approved by the Suffolk
County Department of Health Services and/or New York State Uniform Building
Code for one and two family dwellings, shall include the calculation of the
Potential occupancy determined by the number of bedrooms, bathrooms and
kitchen facilities, including improvements to existing kitchen facilities. Floor
plans for renovations or additions must be reviewed to ensure the total number
of bedrooms, potential bedrooms as described in K (8) (c), bathrooms(s) and
kitchen facilities and/or kitchen improvements are the same as the original
certificate of occupancy.
a. If the dwelling and/or accessory structure has a certificate of occupancy
issued prior to 1973 or is eligible for a letter of preexisting use and the
number of bedrooms, potential bedrooms bathrooms or kitchen
facilities/improvements as described in 8 (c) below will increase, a permit from
the Suffolk County Department of Health Services Wastewater Management
and Town of Riverhead Building Department is required prior to the issuance
of a building permit. Note, this provision is intended to make clear that the
Town of Riverhead may be more restrictive than Suffolk County Department
of Health Services or New York State Uniform Building Code with respect to
requirement for installation or upgrade of SSTS or such other alternative
septic systems approved by Suffolk County Department of Health Services or
New York State Office of Planning & Development for renovations,
modifications, additions to one and two family dwellings located within the
jurisdiction of Tidal or Freshwater Wetlands within the Town of Riverhead,
however, such upgraded system or alternative system shall not exceed the
design or type of sanitary system approved for use in residential structures
TA 10-21-14 Setting Public Hearing to Amend Chap.52 Building Construction Septic System
and/or accessory structures by the Suffolk County Department of Health
Services and/or New York State Uniform Building Code.
b. If the dwelling and/or accessory structure has a certificate of occupancy
issued after 1973 and the number of bedrooms or potential bedrooms
bathrooms, or kitchen facilities as described in 8 (c) below will increase to a
number greater than 4, a permit from the Suffolk County Department of
Health Services Wastewater Management and Town of Riverhead Building
Department is required prior to the issuance of a building permit. Note this
provision is intended to make clear that the Town of Riverhead may be more
restrictive than Suffolk County Department of Health Services or New York
State Uniform Building Code with respect to permit requirements for SSTS or
alternative septic systems for renovations, modifications, additions to one and
two family dwellings located within the jurisdiction of Tidal or Freshwater
Wetlands within the Town of Riverhead, however, such upgraded system or
alternative system shall not exceed the design or type of sanitary system
approved for use in residential structures and/or accessory structures by the
Suffolk County Department of Health Services and/or New York State
Uniform Building Code.
c. Any room which could potentially be used as a bedroom may be considered a
bedroom by the Building Department or Suffolk County Department of Health
Services. An office, den, play room, study room, media room exercise room
and rooms not listed as integral to the dwelling; Integral parts of the house
that will not contribute to bedroom count include one kitchen one living room
one dining room, one family room (which may be substituted for an office
den, or study), fovers, garages, or open unfinished basements. In addition
bathrooms, second kitchens, kitchen improvements such as sinks
dishwashers, and laundry equipment which may increase potential flow to the
existing septic system may be considered for the calculation of additional
living space/bedrooms such that an upgraded SSTS or such other alternative
septic system design type approved by the Suffolk County Department of
Health Services and/or New York State Uniform Building Code may be
required as set forth in the provisions above.
d. In the event that the Suffolk County Department of Health Services requires
an upgraded SSTS or other alternative septic system design type approved
by the Suffolk County Department of Health Services and/or New York State
Uniform Building Code, the owner or applicant must comply with all permit
requirements set forth in Suffolk County Department of Health Services
standards and regulations. In the alternative, in the event that the Building
Department determines that installation or upgrade is required pursuant to the
provisions above, the Building Department shall issue a referral and request
for review/approval to the Suffolk County Department of Health Services and
owner and/or applicant shall comply with all application procedures of the
Suffolk County Department of Health Services, including submission of fees.
In addition, the owner and/or applicant shall be responsible for all costs
related to all tests wells or test borings and such other requirements required
by the Suffolk County Department of Health Services.
TA 10-21-14 Setting Public Hearing to Amend Chap.52 Building Construction Septic System
Underline represents addition(s)
Strikethrough represents deletion(s)
Dated: Riverhead, New York
October 21, 2014
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
TA 10-21-14 Setting Public Hearing to Amend Chap.52 Building Construction Septic System