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Home My WebLink AboutTOS RES 768 d. ',{ lCX fTPgOfP<RIT,j1 pfRPPGRlfSUM / f, Office of the Town Clerk _. Mane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 7, 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 Wilhelm at wil.helm@townofriverheadny.gov or by fax at 631-208-4034. Signature: a Date: Town /z Town Board Meeting November 5, 2014 2:00 P.M. Resolution# 768-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO CHAPTER 106 ENTITLED "WATERWAYS " OF THE RIVERHEAD TOWN CODE TTSincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, Now York 11401- (631)727-3200 Ext. 260 - Fax (631)2084034 r I � —E PFOSPfA'IJAf PEAPROGPES'llnl Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 7, 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 #768 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on November 5, 2014 Resolution# 768-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO 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, Now Mork 11001- (631)727-3200 Ext. 260 - Pax (631)208-4034 4 ITl[T PgOspFF1Y45[0.P0.0G0.P5 Office of the Town Clerk Diane M Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 7, 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 Wilhelm at wilhelm@townofriyerheadny,g or by fax at 631-208-4034. Signature: Date: Town Board Meeting November 5, 2014 2:00 P.M. Resolution# 768-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO CHAPTER 106 ENTITLED "WATERWAYS " OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, Now York 11001— (631)727-3200 Ext. 260 N Fax (631)208-4034 11.05.14 ADOPTED 140768 TOWN OF RIVERHEAD Resolution # 768 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE FOR A LOCAL LAW TO CONSIDER AMENDMENT TO CHAPTER 106 ENTITLED "WATERWAYS" OF THE RIVERHEAD TOWN CODE Councilwoman Giglio offered the following resolution, which was seconded by Councilman Dunleavy BE IT RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice once in the November 13, 2014 issue of the News Review, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed local law amending Chapter 106 entitled "Waterways" of the Riverhead Town Code, to be posted on the sign board of the Town; 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 Dunleavy ®Yes ❑No Wooten ®Yes ❑No Walter®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted Publish&Post,Chapter 106,Electric Motor 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 11901 , on the 2nd day of December, 2014 at 2:05 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 III Anchoring and Abandoned Vessels § 106-8. Operation; speed; reckless operation; areas restricted to electric motor. I. No person shall use a boat equipped or operated with an eutbealFE1 any gasoline motor ,i-aXGess -9f 10-"or-sepoweFon the Peconic River, west of the dam in Grangebel Park. J. No person shall use a boat equipped or operated with any electric motor in excess of 10-horsepower on the Peconic River, west of the dam in Grangebel Park. J. K. No person shall operate (start/run) or permit to be operated a motorboat, other than an electric motor to propel a motorboat, on the Peconic River, including water areas in and/or on the waters designated as the Peconic Lake (formerly known as"Forge including water areas in and/or on the waters designated as the Peconic Lake (formerly known as "Forge Pond") and extending to the Grangebel Dam (westerly side of Peconic Avenue).This restriction shall not apply to emergency personnel in the performance of emergency activities that are necessary to protect the public health, safety and welfare and in furtherance of activities pursuant to a lawfully issued permit. L The area described immediately in subsections I. J and K above shall be marked with signs and/or buoys. • Underscore indicates additions • Overstrike indicates deletions Dated: Riverhead, New York November 05, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk Publish&Post,Chapter 106,Electric Motor ,1 s j PPS LT PAOSPfpRgf PEAPP0G0.ESSUn1 A Office of the Town clerk ..Mane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer November 7, 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 #769 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on November 5, 2014 Resolution# 769-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 92 ENTITLED "HIGHWAYS, STREETS AND SIDEWALKS " 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)209-4034 "YAMFT PAOSP[gllAt 9[a 4RUGRESSUh1 P I Office of the Town Clerk Mane AL Wilhelm, Town Clerk Registrar of Vital Statlstics Records Management Officer Marriage Officer November 7, 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 Wilhelm at willielmCq)townofriverheadily,aev or by fax at 631-208-4034. Signature: Date: Town Board Meeting November 5, 2014 2:00 P.M. Resolution# 769-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 92 ENTITLED "HIGHWAYS, STREETS AND SIDEWALKS " OF THE RIVERHEAD TOWN CODE c1incefely f Diane M. Wilhelm Town Clerk DW-.cd 200 Howell Avenue - Riverhead, Now York 11901- (631)727-3200 Ext. 260 - Fax (631)208.4034 11 .05.14 ADOPTED 140769 TOWN OF RIVERHEAD Resolution # 769 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 92 ENTITLED "HIGHWAYS STREETS AND SIDEWALKS" OF THE RIVERHEAD TOWN CODE Councilman Dunleavy offered the following resolution, which was seconded by Councilman Wooten RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 92 entitled, "Highways, Streets and Sidewalks" of the Riverhead Town Code once in the November 13, 2014 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, 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 Dunleavy ®Yes ❑No Wooten ®Yes ❑No Walter ®Yes ❑No The Resolution Was ® Thereupon Duly Declared TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 2nd day of December, 2014 at 2:10 o'clock p.m. to amend Chapter 92, entitled "Highways, Streets and Sidewalks" of the Riverhead Town Code. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 92 Highways, Streets and Sidewalks �taGe VI! Sever-ability and When Effnnfi�r c�crura crr-crrc�m-g § 92-20 SeyeFability if aRY 7 , , , § 92 21. When effEGtive. This GhapteF shall take effort after the filing with the SeGretaFy of State. Article VI. Highways by Use (Highway Law 4 189) 92-20. Legislative intent. A. Since the founding of the Town of Riverhead in 1792 various highways have been created and constructed. Many of the original highways began as dirt paths over which the public traversed. In the 1800s, the New York State Legislature established a provision in Highway Law, which has been carried forward and is now contained in 189 of the New York State Highway Law, "Highways by Use." B. The Legislature has determined that any highway that has been utilized by the public for a period of 10 years or more and over which the local authority has exercised some degree of control in the form of maintenance, that that highway shall be deemed a highway by use under the provisions of-§ 189 of the Highway Law. Once determined to be a § 189 Highway, the right of the public to traverse the area is made permanent The local municipality acquires a surface easement for the length and width of the existing highway, which has been utilized in the manner set forth above. C. Within the past 10 years, the Town Board of the Town of Riverhead has determined by resolution certain highways to be Town Highways. Approximately ten (10) years ago the Town Board commissioned a staff study of all the remaining highways in the Town that were not formally dedicated Town highways not previously determined to be $ 189 Highways, but upon which the Town preformed any maintenance services The staff presented their study to the Town Board and in December 2004 74 roads were made part of the Town Highway System. D. The Town Board has been provided information that additional roads within the Town of Riverhead have received Town maintenance services consisting of plowing snow and sanding but these roads have not yet been determined to be § 189 Highways. The staff also determined that these 41 highways met the criteria to be declared a $ 189 Highway under this chapter. E. It is with the purpose in mind of clarifying the rights obligations and duties of all owners of property and of the Town with respect to highways, which have been acquired by use, that Town Board enacts this article. § 92-21. § 189 Highway_ In accordance with the authority vested in the Town Board by the State Legislature the Town Board shall, by resolution, determine those highways which meet the criteria for 189 Highway. These highways shall have been used by the public for a period of 10 years or longer and the Town shall have performed certain maintenance thereof in the form of patching or plowing or sanding during a period of at least 10 years 92-22. Rights acquired. On any highway determined to be a § 189 Highway, the public shall have the right to traverse said highway as if it were constructed and laid out as a dedicated public highway. The rights of access shall include the right to drive an automobile or bike on it traverse it on foot and conduct any other lawful activity on the highway as if it were a fully dedicated Town highway. The Town shall have been deemed to have acquired a surface easement for said highway and appurtenances for the width and the length of the highway as determined by the Town Board upon the adoption of a resolution declaring said highway to be a § 189 Highway. 92-23. Town obligations continued. Once a highway has been determined to be a § 189 Highway, the Town shall continue to keep the existing traveled way for the width and the length as determined by the Town over which a surface easement has been acquired in a condition for the public to be able to access and traverse said highway and for emergency service access. Nothing herein shall obligate the Town to expend anv funds to widen the road or to acquire any subsurface easements to allow any drainage facilities to be installed or replaced. If determined by the Town Board to be necessary, said improvements shall be performed in accordance with the provisions of law. Nothing herein shall require the Town to pave or otherwise improve the existing surface of the § 189 Highwav to any level beyond keeping it open in order to allow safe passage and emergency service access. 92-24. Adoption of highways. The Town Board shall, following the effective date of this article, adopt a resolution formally certifying all § 189 Highways within the Town of Riverhead. A list shall contain an inventory of all highways previously determined to be § 189 Highways updating their names and dimensions thereon and shall also contain the additional highways which have been determined by the study commissioned by the Town Board to be 189 Highways but which have not vet been formally declared § 92-25. Prohibition for services on private highways In accordance with the provisions of the State Constitution and state laws it is hereby declared to be illegal within the Town of Riverhead for any municipal official to provide services to a private road, lane or driveway except in times of a state of emergency duly declared by the appropriate executive official for the needs of the public's health welfare and safety. It is hereby declared to be the intent of this article that no further roads by accepted as _§ 189 Highways within the Town of Riverhead except as provided for herein. Article VII. Severability 92-26. Severabilitv. If any section, subsection, sentence clause phrase or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter. • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York November 5, 2014 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM, Town Clerk