HomeMy WebLinkAboutTOR RES 43 & 44 4All FT IIIOSIfgjj"RRI.a
Office of the `dawn Clary
Diane M. Wilhelm, Town Cleric
_ --------...._ _ ------- -- - - --- Marriage Officer
Registrar of Vital Statistics Records Management Officer
January 8, 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 uvilhelmCc townefdyerheadnv.aQv or by fax at 631-208-4034.
- --
Signature: Date:
Town Boar uary 6, 2016 2:00 P.M.
Resd ution# 43-AUT ORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CC NSIDE- A LOC LAW TO AMEND CHAPTER 108 ENTITLED "ZONING' OF THE RIVERHEAD
%TOWN COD
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, Now York 11801- (631)727®3200 Ext. 260 w Fax (631)208-4034
`I,'vr+iinxosrr�n xuswr
S IF.Tpa
Office of the Town Clerk
Diane Wilhelm, Town Clary
Registrar of Vital Statistics Records Management Officer Marriage Officer
January 8, 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 wllhelr Q- townofriverheadnv goy or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting January 6, 2015 2:00 P.M.
Resolution#' UTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING' OF THE RIVERHEAD
TOWN CODE
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11001- (631)727-3200 Ext. 260 w Fax (631)208-4034
vxx Cr PROSPryj9S P[RP0.0GRES.UM
, r
Office of the Town Clerk
Diane-M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
January 6, 2015
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 #43 which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on January 6, 2015
Resolution# 43-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" 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)208-4034
d;.
PAOSPCii j-0.R GPE5+51N1
T
Office of the `down Clerk
Mane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
January 8, 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 oy or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting January 6, 2015 2:00 P.M.
Resolution# 43-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD
TOWN CODE
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New Mork 11001- (631)727-3200 Ext. 260 - Fax (631)203.4034
01.06.15 ADOPTED
150043
TOWN OF RIVERHEAD
Resolution # 43
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF
THE RIVERHEAD TOWN CODE
Councilman Wooten offered the following resolution,
which was seconded by Councilman Gabrielsen
RESOLVED, the Town Clerk is hereby authorized to publish the attached public
notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead
Town Code once in the January 15, 2015 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
Wooten ®Yes ❑No Dunleavy ®Yes ❑No
Walter®Yes ❑No
The Resolution Was ® Thereupon Duly Declared Adopted
1
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 3rd day of February, 2015 at 2:10 o'clock p.m. to amend Chapter 108, entitled "Zoning"of
the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 108
Zoning
§ 108-130. Review and approval required.
The following shall be subject to site plan review and require site plan approval by the
Planning applicable Board:
A. Single-family residence or agricultural zoning districts:
(1) Except as otherwise provided, any use other than single-family residential or
agricultural and its attendant accessory uses. However, except as accessory to a
single family residence, teFn GFaF y ^� permanent greenhouses will require site plan
review and approval.
(2) Any grading, clearing, cutting and filling, excavating or tree removal associated
therewith, of a lot or land sufficient in size to require a building permit under§ 108-73
of this chapter, unless said work is a necessary and integral part of another activity,
such as single-family residence construction, for which a building permit has been
issued and which does not itself require site plan approval.
(3)Any multiple residence or apartments to be constructed pursuant to any section of this
chapter.
(4)With respect to any existing, nonconforming commercial or industrial use, any activity,
change or use requiring a building permit, a special permit or a variance hereunder,
provided that all other needed prior approvals for the activity have first been obtained.
B. All other zoning districts.
(1) Any grading, clearing, cutting and filling, excavating or tree removal associated
therewith.
(2) (Reserved)
(3)Any conversion, alteration, addition or repair of an existing land use or structure which
requires a building permit and:
(a) Will effect a change to the exterior of the affected structure(s); or
2
(b) Will effect a change to the area of the site, including but not limited to parking,
loading, paving, access and drainage.
(4) Except as otherwise provided, site plan review and approval shall specifically not be
required for:
(a) Single-family residential and uses accessory thereto;
(b) Agriculture and uses accessory thereto; however, permanent greenhouses to be
used for retail sales will require site plan review and approval;
(c) Any grading, clearing, cutting and filling, excavating or tree removal associated
therewith, necessary to single-family residence construction commenced upon
issuance of a building permit for said construction;
(d) Any use permit issued pursuant to the requirements of § 108-73 of this chapter; or
(e) Signs;
(fl
,
IKT1pYAu(�IYIfsRt er ether alteFation of any building whinh deet pet rRaterially affent the
extemal appearaRG8 of the buoldiRIOU or site .,
the
(g) ExiGt"Rg GOMmeFGial buildiRgs with flaeF aFeas Gf RG gFeater than 4,000 squaFe feet.
shall net Fequi e�mall site plan review by the pmpriate be Fd Howe.e. n, - h
�gmmernI bUildiRgshell he subjeGt t9informal review by the laRRi q
this artiGle, ORGluding but not limited to parking, laRGISGaping, haR ;Gess
and lighting. The 649FFnal site plan Feview fee shall be E;haFged at a Fate of 0
the site plan review-fee GhaFged—purnswaRt to §-108-131 13(3) of theTerm
Riverhead 7nninnQFdinaRGe. Upon a determination of nnmnliannee by the Plan
e
Planning Beard shall adept a resolution approving the applina+inn
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C. In every district: any activity or use made subject to site plan review as a condition of
any permission or approval granted by any local agency.
D. Park and playground sites.
(1) The Planning Board may require that land be reserved for park, playground or
other recreational purposes. The Planning Board may require that a cash
payment be deposited with the Planning Board in a special fund as required by
§ 274-a(6) of the Town Law where the Planning Board deems that the
reservation of land would be inadequate and unsuitable for use as a park,
playground or other recreational purposes.
(2) Land reserved for recreational purposes shall have an area of five acres for each
100 units (5%) shown on the plan, or proportional thereto. Any parcel of land
3
reserved for recreational purposes shall have an area of at least one acre. In
meeting these requirements, the Planning Board may require or the developer
may reserve more than one acre within the site plan for park, playground or
recreational purposes, but in no case shall any reserved area be of less than one
acre.
(3) The Planning Board may require the developer to grade such park site in a
manner appropriate for its projected use and compatible with its surroundings.
Where such park site incorporates a unique natural feature or a landmark, the
developer shall be responsible for the protection of such feature or landmark
from any destructive action during the course of the plat development.
(4) In cases where the Planning Board makes a finding as set forth herein that the
proposed site plan presents a proper case for requiring a park, but the Planning
Board determines that a suitable park site of adequate size cannot be properly
located within the site plan, in whole or in part, the developer shall be required to
pay a park fee in the sum of$3,000 per residential unit to the Town.
(5) The applicant may post a certificate of deposit or passbook in the name of the
Town of Riverhead equal to the total fee as required herein. Where such cash,
certificate of deposit or passbook is deposited, the fee of$3,000 shall be paid to
the Town of Riverhead prior to the issuance of each certificate of occupancy for
residential structures within the site plan by the Building Inspector. The balance
shall be payable in full on the second anniversary date on which this certificate of
deposit or passbook was deposited and shall be withdrawn from such account by
order to the Town Board. Such interest as may accrue on the certificate of
deposit or passbook shall be returned and taxable to the depositor. The
amended fee of$3,000 shall apply to all site plans which receive final plat
approval after the effective date of this local law.
E. De minimis site plan review.
(1) De minimis alterations as determined by the Town Attorney and the Building and
Planning Administor, or their designees. De minimis applications shall be limited to
the routine maintenance, repair, or alteration of any building which does not
materially affect the external appearance of an existing structure, building or site.
Examples include roof repair, roof-top appurtenances or mechanical equipment,
facade changes, in-kind window replacement, or fence replacement.
(2) No more than one de minimis site plan approval for a parcel can be granted within
a twelve 0 2) month period.
(3) Any application that is not a Type II action pursuant to X617.5 of the Environmental
Conservation Law, Article 8 (c) shall not be deemed to be de minimis.
F. Administrative site plan review
4
Additions and/or alterations to existinq commercial buildings with a proposed floor area
less than 4,000 square feet shall not require formal site plan review set forth in §108-131
by the appropriate board. However, such commercial buildings shall be subject to review
by the Planning Department and shall be required to comply with all statutory provisions
set forth in this article, including but not limited to parking, landscaping, stormwater runoff,
grading, handicapped access and lighting.
Upon a determination of compliance by the Planning Department as set forth herein and
transmitted to the applicable board in writing, the Planning Board may adopt a resolution
approving the application. Notwithstanding any other section in this chapter, any site plan
determined by the planning department to qualify for administrative site plan review as
set forth in this section shall not require preliminary site plan approval or public hearing
prior to final site plan approval by the applicable board.
Should the application exceed the criteria for administrative site plan review, or in the
instance where the applicable board determines that public input is warranted, the
application shall be required comply with formal site plan review set forth in § 108-131.
Construction of any new buildings or reconstruction of existinq buildings shall be required
to comply with formal site plan review set forth in § 108-131.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
January 6, 2015
BY THE ORDER OF THE TOWN
BOARD OF THE TOWN OF
RIVERHEAD
DIANE M.WILHELM,Town Clerk
5
vAY Ft PgO3PPglTAS Pf.P pppGPF5511M
Office of the down Clerk
Diane M. Withelin, Town Clerk
Registrar of Intal Statistics Records Management Officer Marriage Officer
January 6, 2015
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 #44 which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on January 6, 2015
Resolution# 44-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING' 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 Eget. 260 — Fax (631)208-4034
+' - TPNUSFPkI 45 P40.P0.[IGRFAPUAI
1 , -
Office of the Town Clerk
DianeWilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
January 8, 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 wiihelm@towngfriverheadny goy or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting January 6, 2015 2:00 P.M.
Resolution# 44-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD
TOWN CODE
Sincerely,
I ,r .
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11001- (031)727-3200 Ext. 260 - Fax (531)20894034
01.06.15 ADOPTED
150044
TOWN OF RIVERHEAD
Resolution # 44
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING"
OF THE RIVERHEAD TOWN CODE
Councilman Gabrielsen offered the following resolution,
which was seconded by Councilwoman Giglio
RESOLVED, the Town Clerk is hereby authorized to publish the attached public
notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead
Town Code once in the January 15, 2015 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
Wooten ®Yes ❑No Dunleavy ®Yes ❑No
Walter®Yes ❑No
The Resolution Was ® Thereupon Duly Declared Adopted
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 3rd day of February, 2015 at 2:05 o'clock p.m. to amend
Chapter 108, entitled "Zoning" of the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 108
Zoning
Article X �Qo�d) Wind Energy Conversion Systems
§108-42 (ReseFved) Legislative Intent.
The purpose of this amendment is to provide regulations to facilitate the development
and operation of wind energy conversion systems within the Town of Riverhead in all
zoning districts and parcels within Suffolk County Agricultural Districts No. 7. Such
amendments seek to encourage the use of small scale generation of electricity for on-
site consumption as an accessory use to other activities located on the same
lot. Further, the intent is to minimize any adverse impacts of wind turbines on the
character of the neighborhoods, property values, scenic, historic, and environmental
resources of the town; and to protect the health and safety of its inhabitants while
allowing wind energy technologies to be utilized. To the extent possible this Code
amendment also seeks to enact legislation that will offer some consistent standards and
practices throughout the East End Towns and Villages of Suffolk County.
§108-43 "'t,-wed) Definitions.
As used in this chapter, the followinq terms shall have the meaninqs indicated:
HEIGHT, WECS TOTAL --When referrinq to a wind energy conversion system the
distance measured from the grade level at the center of the foundation to the highest
point on the structure (including the blades), even if said highest point is a lightening
protection device or any other allowable apparatus attached to the wind energy
conversion system.
TOWER, LATTICE -- A freestanding framework tower, typically consisting of cross-
bracing of structural steel connected into a framework.
TOWER, MONOPOLE -- A freestanding wind energy conversion system support
structure consisting of a single pole, without guy wires or ground anchors.
TOWER, GUYED -- A freestandinq wind energy conversion system support structure
consisting of a single pole supported by tensioned cables (guy wires) anchored to the
ground.
WECS, HORIZONTAL AXIS --A wind turbine where the main rotor shaft is set
horizontally and the main components such as gearboxes and generators are located at
the top of the tower.
WECS, VERTICAL AXIS -- A wind turbine where the main rotor shaft is set vertically
and the main components such as gearboxes and generators are located at the base of
the turbine.
WIND ENERGY CONVERSION SYSTEM (WECS) --An accessory structure designed
and constructed or erected for the purpose of converting wind enerqv into electrical
power.
§108-44 io�ed) Applicability, Permitted Locations, General Requirements
A. Applicability
WECS shall be permitted, installed, and erected in the Town pursuant to a
building permit so long as they meet the provisions of this Chapter 52 and all
applicable sections of the Code of the Town of Riverhead. Further, no building
permit shall be issued to construct a WECS until all other applicable permits
have been secured. WECS may be considered either principal or accessory
uses; with the Town Building and Zoning Administrator making such
determinations as appropriate.
B. Permitted Locations.
WECS shall be constructed pursuant to a Building Permit so long as the WECS
meets the criteria set forth in subsection C of this Section, subject to obtaining all
other necessary approvals. However no WECS shall be located in the avoidance
areas listed below as "Areas of Potential Sensitivity" unless written approval is
granted by the applicable municipal board and upon site plan review as provided
in Article in accordance with its standard procedures.
1. Areas of Potential Sensitivity: WECS proposed in any of the following areas
are subject to additional review and approval by the applicable municipal
board:
a. Flood hazard zones.
b. WECS located upon historically and/or culturally significant resources,
unless it can be demonstrated that an installation will not adversely affect
the historic resource.
c. Within any Tidal or Freshwater Wetland Regulated Area as provided
under Chapter 107 of the Code of the Town of Riverhead.
d. In any erosion hazard area as established under Chapter 12 of the Code
of the Town of Riverhead.
C. General Requirements.
All permit applications shall be submitted to the Building Department on forms it
provides and shall comply with all the requirements therein, including but not limited to
the following:
1. Applications. All applications for a building permit shall include the following
items which may be satisfied by documentation supplied by the manufacturer:
a. Certification by the installer that the WECS complies with all applicable
FAA regulations and all applicable state and/or local building codes.
b. A one-line diagram of the electrical components on the plot plan in
sufficient detail to allow for a determination that the manner of installation
conforms to the National Electric Code.
c. Standard drawings of the wind turbine structures, including the tower,
base, and footings.
d. An engineering analysis of the tower showing compliance with the New
York State Uniform Building Code and certified by a licensed professional
engineer.
e. Soil Studies. Soil studies shall be required for WECS having turbine
installations greater than 20kw or those to be located on non-standard soil
conditions such as gravel, sand, muck, dune, beach, or dredge spoil. No
soil studies shall be required for all other WECS, provided the
manufacturer thereof submits a certification stating that the WECS and its
foundation are suitable for installation in the soil at the proposed location.
f. Certification by the manufacturer indicating that noise measurements are
accurate and comply with the noise ordinance levels as provided in
Chapter 81 of the Town Code of the Town of Riverhead. The sound
emanating from the WECS shall not exceed such levels, except during
utility outages, severe wind storms or other short-term events beyond
control of the owner of the WECS. In the alternative, a certificate may be
submitted from a professional acoustical engineer indicating same.
g_ Utility Notification. No WECS to be connected to the local Utilities' grid
system or otherwise using externally provided electrical power shall be
installed until written notice thereof is given to such provider.
2. Overspeed Controls. All WECS shall be equipped with manual and automatic
overspeed controls, whose design and fabrication, together with the design
and fabrication of its rotors, shall conform with good engineering practices as
certified by its manufacturer.
3. Conduits. All new conduits as required for the WECS that can be located
underground shall be installed underground.
4. Signs or other Appurtenances. Except for equipment needed to operate
maintain, monitor and secure the system, no signs, television radio cell
phone or other antennas, advertising materials or any other appurtenances
shall be placed, painted on or affixed to the WECS.
5. Guy Wires. If guy wires are used the point of ground attachment for the quy
wires shall be sheathed in bright orange or yellow covering from three to eight
feet above ground. Anchor points for any guy wires shall be located at least
10 feet inside any property line.
6. Clearances, Tower Height. The minimum distance between the ground and
any part of the rotor, blade or any other moving part of a ground mounted,
Horizontal Axis WECS shall be 30 feet and no climbing pegs or similar means
of access to such moving parts shall be less than 12 feet from the ground.
7. Design Standards.
a. Color. To the maximum extent feasible, consistent with all applicable FAA
safety regulations and in compliance with all the other requirements in this
Chapter, the WECS shall be designed and located so as to blend with the
existinq surroundings of its site, using compatible colors, materials and
topography, vegetation and other natural screening features at the site.
Specifically, the WECS's tower, blades and any other parts visible apart
from its site, if painted, shall be painted in a non-reflective, unobtrusive
color, which reduce the visual impacts when such parts extend above the
height of vegetation, and which blends the system and its components into
the surroundinq landscape to the greatest extent possible.
b. Modifications. Excluding services and preventative maintenance, no
alterations, additions, modifications, substitutions or deletions shall be
made to such WECS without approval of the Building Department.
c. Lighting. No exterior lighting shall be permitted on or about the WECS
except as specifically required by the FAA.
8. Setbacks for Residential Zones and Agricultural Districts/Parcels. All WECS
shall be setback from any adjoining property line a distance at least equal to
120% of the WECS Total Height.
9. Setbacks for Industrial/Commercial Zones. All WECS shall be setback from
any adjoining property line a distance of at least equal to 120% of the WECS
Total Height unless the adjoining property is residentially zoned, and then the
setback shall be at least equal to 120% of the WECS Total Height.
§ 108-44.1 (Re6epfed) WECS in Residential Zones.
The following minimum requirements must be met when proposing to install a WECS in
residential zoning districts. If all such provisions are met, the WECS is considered a
Permitted accessory structure/use.
A. Tier I Criteria for Building Permit.
1. Minimum lot area of 80,000 square feet.
2. Maximum rotor diameter of 5 feet.
3. For a roof mounted WECS, the WECS Total Height cannot exceed 6 feet 6
inches above the highest point of the roof line but at all times comply with
section (Insert Pyramid Section) of the Town Code.
4. Ground Mounted WECS.
a. No more than one WECS is allowed.
b. Horizontal Axis WECS must be constructed with no guy wires, and no
greater than forty (40) feet in WECS Total Height.
c. Vertical Axis WECS cannot exceed 40 feet in WECS Total Height.
B. Tier If Criteria for Building Permit.
1. Minimum lot area of 120,000 square feet.
2. Proposes no more than one ground mounted tower per 120,000 square feet
of property, with a WECS Total Height less than eighty (80) feet.
3. Multiple turbines must be separated by a distance of at least three hundred
(300) feet from the center of the tower at the foundation.
C. Tier III Criteria for Building Permit:
1. Minimum lot area of 160,000 square feet.
2. Proposes no more than one ground mounted tower per 160,000 square feet
of property, with a WECS Total Height of less than one hundred and twenty
120 feet.
3. Multiple turbines must be separated by a distance of at least three hundred
(300) feet from the center of the tower at the foundation.
§ 108-44.2 (Rd) WECS in Industrial/Commercial Zones.
The following minimum requirements must be met when proposing to construct/install a
WECS in an industrial/commercial zoning district. If all such provisions are met the
WECS is considered a permitted accessory structure/use.
A. Tier I Criteria for Building Permit.
1. Minimum lot area of 40,000 square feet.
2 Maximum rotor diameter of 5 feet.
3. For a roof mounted WECS, the WECS Total Height cannot exceed 6 feet 6
inches above the highest point of the roof line but at all times comply with
section (Insert Pyramid Section) of the Town Code.
4. Ground Mounted WECS.
a. No more than one WECS is allowed.
b. Horizontal Axis WECS must be constructed with no guy wires, and no
greater than forty (40) feet in WECS Total Height.
c. Vertical Axis WECS cannot exceed 40 feet in WECS Total Height
B. Tier II Criteria for Building Permit.
1. Minimum lot area of 80,000 square feet.
2. Proposes no more than one ground mounted tower per 40,000 square feet of
Property, with a WECS Total Height Less than eighty (80) feet.
3. Multiple turbines must be separated by a distance of at least three hundred
(300) feet from the center of the tower at the foundation.
C. Tier III Criteria for Building Permit.
1. Minimum lot area of 120,000 square feet.
2. Proposes no more than one ground mounted tower per 120,000 square feet
of property, with a WECS Total Height of less than one hundred and twenty
120 feet.
3. Multiple turbines must be separated by a distance of at least three hundred
(300) feet from the center of the tower at the foundation.
D. Tier IV Criteria for Building Permit.
1. Minimum lot area of 160,000 square feet.
2. Proposes no more than one ground mounted tower per 200,000 sq. ft. or
greater of property with a WECS Total Height of less than one hundred sixty
160 feet.
3. Multiple turbines must be separated by a distance of at least three hundred
(300) feet from the center of the tower at the foundation
§ 108-44.3 (Reserved) Agricultural District/Parcels
Agricultural District/Parcels.
Consistent with the General Requirements set forth in Article VII of this Chapter WECS
are permitted on parcels in the Suffolk County Agricultural District No. 7 as structures
customarily accessory and incidental to agricultural production as the same is or shall
hereafter be defined in � 301 of the New York State Agriculture and Markets Law, in
accordance with the aforementioned procedures.
§ 108-44.4 (D ) Other Regulations, Inspection, Maintenance and Abandonment.
A. Regulatory Compliance. To ensure the structural integrity of the WECS, the
owner of a WECS shall maintain it in compliance with standards contained in
applicable state and/or local building codes (to include hurricane and tornado
building standards). If, upon inspection, the Town concludes that a WECS fails
to comply with such codes and standards and constitutes a danger to persons or
Property, then, upon notice being provided to the owner of the WECS, the owner
shall have 30 days to bring such WECS into compliance with such standards.
Failure to bring such WECS into compliance within said 30 days shall constitute
grounds for removal of the WECS at the owner's expense.
B. In addition to any remedies provided in the Chapter 81 of the Code of the Town
of Riverhead, if maximum decibel readings are exceeded, the violation shall be
corrected within 90 days from the date of notification or the WECS shall be
removed and/or relocated by the Town of Riverhead at the owner's expense.
C. The applicant and/or owner shall maintain the WECS in good condition.
D. The Building Inspector and/or the Town Engineer shall have the right at any
reasonable time to enter, in the company of the owner or his agent, the premises
on which a wind energy conversion system has been constructed to inspect all
parts of said wind energy conversion system installation and require that repairs
or alterations be made if, in his judgment, there exists a deficiency in the
operation or in the structural stability of the system. If necessary_, the Building
Inspector or Town Engineer may order the system secured or otherwise cease its
operation. It shall not be required that the owner or his agent be present in the
event of an emergency situation involving danger to life, limb or property. The
owner shall have 30 days to bring such WECS into compliance with such
standards and failure to do so shall constitute grounds for removal of the wind
conversion system at the owner's expense.
E. WECS that are not used for 12 successive months shall be deemed abandoned
and shall be dismantled and removed from the property at the expense of the
Property owner. WECS that are not removed within the time frames described
herein may be removed by the Town or a contractor designated by the Town
and the owner shall reimburse the Town for its costs in removing the WECS.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
January 6, 2015
BY THE ORDER OF THE TOWN
BOARD OF THE TOWN OF
RIVERHEAD
DIANE M.WILHELM, Town Clerk