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HomeMy WebLinkAboutTOR RES 789 ypi iivnonvy�,r naiwwsss�l r f s Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 9, 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@townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: ( / Town Board Meeting November 18, 2014 7:00 P.M. Resolution# 789-ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF RIVERHEAD Sincerely, r � Az� Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue M Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 yFR ET PROSP[RIPAS KRPROGR[SSW1 �' I Office of the Town Clerk .Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 9, 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 #789 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on November 18, 2014 Resolution# 789-ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING' OF THE CODE OF THE TOWN OF RIVERHEAD 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 Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 G=. G .y p`AYIET PROSP[RIiAS RRPRbLPf$S11A1 I Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer December 9, 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@townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting November 18, 2014 7:00 P.M. Resolution# 789-ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING' OF THE CODE OF THE TOWN OF RIVERHEAD Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax (631)208-4034 11.18.14 ADOPTED 140789 TOWN OF RIVERHEAD Resolution # 789 ADOPTS A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF RIVERHEAD Councilwoman Giglio offered the following resolution, which was seconded by Councilman Dunleavy 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 108 entitled, "Zoning"of the Riverhead Town Code('Town Code"); and WHEREAS, the Riverhead Planning Department has reviewed the proposed amendment and recommended that it be considered a Type II action pursuant to 6 NYCRR §§617.5 (c) (20) and (27) as an action involving routine or continuing agency administration and management and the adoption of policies in connection therewith; and WHEREAS, pursuant to 6 NYCRR §617.3 (f), §617.5 (a) and §617.6(a)(1)(i), the agency SEQR responsibilities end with such designation with no determination of significance being necessary; and WHEREAS, a public hearing was held on the 5th day of November, 2014 at 2:20 o'clock p.m. at the 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 the Town Board be and hereby, declares the amendment of Chapter 108 to be a Type II action for the purposes of SEAR compliance; and be it further RESOLVED that the Town Board of the Town of Riverhead, be and hereby, adopts the local law amending Chapter 108 entitled "Zoning" as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice of adoption once in the News-Review 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 TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending the Chapter 108 entitled "Zoning" of the Code of the Town of Riverhead ("Riverhead Town Code"), at its regular meeting held on November 18, 2014. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 108 Zoning Article XIII: Supplementary Use Regulations § 108-64 Prefabricated dwellings. No building or other structure which is prefabricated or which is constructed, manufactured, built or fabricated at a place other than the site on which it is to be located or used shall be used as a dwelling, except in a mobile home park or travel trailer park and except as an agricultural dwelling under § 108-64.4 of this chapter, unless: A. It complies with the provisions of the laws, ordinances, rules and regulations of all governmental entities having jurisdiction over the subject property. B. It is affixed to the site by means of a permanent foundation. G' it 6hall have been authorized by a spenial neFmit of the Bear-d of Appeals V I f .-- - -,ided that the appropriate filing fee ha6 beeR GOI!eGted for eaGh let. re +n neive a menial permit LV I V 9. C. It is a temporary trailer (prefabricated dwelling). Notwithstanding Subsections A through G B above, there shall be permitted the installation of a trailer (prefabricated dwelling) in which a family or individuals may live in a residential or agricultural zone under the following circumstances: (1) The trailer (prefabricated dwelling) must be for the temporary use and occupation of an individual or group of individuals whose residence has either been so damaged by fire or by some act of God as to render the residence uninhabitable or whose principal residence is being remodeled on a property utilized for agriculture. (2) The trailer (prefabricated dwelling) must be placed on the same lot as the house which is being rebuilt or on a contiguous parcel with the owner's consent. (3) A permit shall be obtained from the Building Department within 72 hours of placing the trailer (prefabricated dwelling) on a lot. The fee for the permit shall be $50. (4) A certificate of occupancy shall be obtained from the Building Department within 21 days of placing the trailer (prefabricated dwelling) on a lot. (5) Such trailer shall be permitted to remain on a lot for six months with one six- month extension upon application to the Zoning Board of Appeals. No further extensions are permitted and it shall be mandatory that the trailer be removed at the end of the time permitted. If the trailer is not removed, there shall be a fine of $15 per day on the owner of the trailer for each day that it remains beyond the time limit. If the trailer remains in violation for more than 10 days, the Building and Zoning Administrator or Building Inspector or his representative may, after notifying the owner of said trailer in person or by letter, return receipt requested, cause the trailer to be removed. The expense of such removal and any storage charges resulting shall be paid by the owner of the trailer, and, if said cost is not paid within 10 days of notification to the owner, the Building and Zoning Administrator may advertise the public sale of the trailer (prefabricated dwelling) in the official paper of the Town and sell it to the highest bidder. The moneys realized from the sale shall be applied to any fines outstanding and to reimburse the Town for any expense incurred in moving and storing the trailer (prefabricated dwelling). If there shall be any excess, it shall be remitted to the former owner of the trailer (prefabricated dwelling). • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York November 18, 2014 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk Town of Riverhead Local Law# 20--2014 CHAPTER 108 Zoning Article XIII: Supplementary Use Regulations § 108-64 Prefabricated dwellings. No building or other structure which is prefabricated or which is constructed, manufactured, built or fabricated at a place other than the site on which it is to be located or used shall be used as a dwelling, except in a mobile home park or travel trailer park and except as an agricultural dwelling under § 108-64.4 of this chapter, unless: A. It complies with the provisions of the laws, ordinances, rules and regulations of all governmental entities having jurisdiction over the subject property. B. It is affixed to the site by means of a permanent foundation. C. It is a temporary trailer (prefabricated dwelling). Notwithstanding Subsections A_ through B above, there shall be permitted the installation of a trailer (prefabricated dwelling) in which a family or individuals may live in a residential or agricultural zone under the following circumstances: (1) The trailer (prefabricated dwelling) must be for the temporary use and occupation of an individual or group of individuals whose residence has either been so damaged by fire or by some act of God as to render the residence uninhabitable or whose principal residence is being remodeled on a property utilized for agriculture. (2) The trailer (prefabricated dwelling) must be placed on the same lot as the house which is being rebuilt or on a contiguous parcel with the owner's consent. (3) A permit shall be obtained from the Building Department within 72 hours of placing the trailer(prefabricated dwelling) on a lot. The fee for the permit shall be $50. (4) A certificate of occupancy shall be obtained from the Building Department within 21 days of placing the trailer (prefabricated dwelling) on a lot. I (5) Such trailer shall be permitted to remain on a lot for six months with one six- month extension upon application to the Zoning Board of Appeals. No further extensions are permitted and it shall be mandatory that the trailer be removed at the end of the time permitted. If the trailer is not removed, there shall be a fine of $15 per day on the owner of the trailer for each day that it remains beyond the time limit. If the trailer remains in violation for more than 10 days, the Building and Zoning Administrator or Building Inspector or his representative may, after notifying the owner of said trailer in person or by letter, return receipt requested, cause the trailer to be removed. The expense of such removal and any storage charges resulting shall be paid by the owner of the trailer, and, if said cost is not paid within 10 days of notification to the owner, the Building and Zoning Administrator may advertise the public sale of the trailer (prefabricated dwelling) in the official paper of the Town and sell it to the highest bidder. The moneys realized from the sale shall be applied to any fines outstanding and to reimburse the Town for any expense incurred in moving and storing the trailer (prefabricated dwelling). If there shall be any excess, it shall be remitted to the former owner of the trailer (prefabricated dwelling). 2