HomeMy WebLinkAboutTOR RES 833 Yd%[T PROSP 0.P0.OGRESSUM
P � r
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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 which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 8, 2017
Resolution #833-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "ZONING AND
LAND DEVELOPMENT-ARTICLE LII COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS"
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,
1 C f
Diane M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
o
v"{ vax eraxosacasrgs as eno"ensues 1
Office of the Town Clerk
.Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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@townofriverheadn ,ggov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting November 14, 2017 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 14, 2017
Resolution #833-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "ZONING AND
LAND DEVELOPMENT-ARTICLE LII COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS"
OF THE RIVERHEAD TOWN CODE
�Sincerely,
41
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
11.08.2017 ADOPTED
170833
TOWN OF RIVERHEAD
Resolution # 833
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "ZONING AND
LAND DEVELOPMENT —ARTICLE LII COMMERICAL SOLAR ENERGY
PRODUCTION SYSTEMS" 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 301 entitled, "Zoning and Land
Development " of the Riverhead Town Code once in the November 16, 2017 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
Hubbard ®Yes ONo Giglio ®Yes ❑No
Wooten ®Yes ONo Dunleavy ®Yes ❑No
Walter®Yes ONo
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 5th day of December 2017 at 2:05 o'clock p.m. to amend
Chapter 301, entitled " Zoning and Land Development" of the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 301
Zoning and Land Development
Article LII. Commercial Solar Energy Production Systems
§ 301-281. Purpose; permitted districtsJefinitions.
A. It is the intention of the Town Board of the Town of Riverhead, as part of its goal to
limit dependence on imported fossil energy and decrease greenhouse gas emissions,
to permit commercial solar energy production systems in the industrial zoning use
districts to minimize impacts to residents and scenic viewsheds important to the
community.
B. Commercial solar energy production systems shall be allowed with special permit
approval by the Town Board as a permitted use in the Light Industrial (LI) Zoning Use
District, Industrial A (IA)Zoning Use District, Industrial B District(General Industry) and
the Planned Industrial Park (PIP) District.
C. Commercial solar energy production systems shall be allowed With special permit
approval by the Town Board in the Industrial C (IC) Zoning Use District that is located
within the zip code boundary of Calverton.
D. Definitions
Lot Coverage — The lot coverage shall include the total square footage of the
Perimeter of all of the solar panels, inclusive of all interior spaces between the panels,
in addition to driveways and service roads (paved or stone), and all accessory
equipment, buildings and structures.
§ 301-282. Use regulations.
Commercial solar energy production systems shall be permitted as a permitted use or as
allowed with special permit approval as provided in § 301-281. In addition to the
requirements set forth in this chapter, all such permitted and special permit uses shall be
subject to the following criteria and subject to site plan approval by the Planning Board:
A. The commercial solar energy system shall be on a parcel of not less than five six
acres.
B. All ground-mounted panels shall not exceed the height of eight feet.
C. All mechanical equipment of commercial solar energy systems, including any structure
for batteries or storage cells, are completely enclosed by a minimum eight-foot-high
fence with a self-locking gate.
D. Notwithstanding any requirement in §§ 301-115, 301-118, 301-123, and 301-127 of
this chapter, the total surface area of all ground-mounted and freestanding solar
collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80
75% of the total parcel area.
E. The installation of a minimum 25 foot vegetated perimeter buffer to provide year-round
screening of the system from adjacent properties and a minimum 50 foot vegetative
buffer along roads.
F All solar energy production systems are designed and located in order to prevent
reflective glare toward any habitable buildings as well as streets and rights-of-way.
G. All on-site utility and transmission lines are, to the extent feasible, placed underground.
H.The installation of a clearly visible warning sign concerning voltage must be placed at
the base of all pad-mounted transformers and substations.
1. The system is designed and situated to be compatible with the existing uses on
adjacent and nearby properties.
J. !R aPPFE)ViRg a SpeGial eXGept'GR, the PlaRRiRg BeaFd may Waive er medify aRy Of 4hI_
above GFiteFia if it finds that theFe is RG detFimeRt W PUbliG health, safety and welfare_.
The minimum setback for equipment and Panels adjacent to a commercial or industrial
Property shall be 25 feet.
K.Any speGi.a! permit app val granted u-ndeF this aFtiGle shall have a teFm of 20 yeafs-.
GGMFnenGIRg fFGFn the g wh iGh may be extended feF additiopa4
five yeaF tewa, ���.n. to 6Q To'
I own Reard
The maximum lot coverage shall be 75%.
L. PeGeFnnliSSiGRing�RernGva-�
Any GOFnFneFGial selar eneFgy predUGtien system that is net E)peFated feF-a
GORtinUeWS peFied af 24 FnGnths 6hall be deemed abandoned. At that time, the
OWRer of the GOFnMeFGial solar e __ ' . I n oF the ewneF Gf the
pFeperty where the GOFnFneFGial solaF eneFgy pFedUGtiE)R systern is loGatpd sh;;H
rerneve all GGFnpenents thereof within 90 days Of SUGh deemed abandenrneRt G�F
will be in violation ef this seGtion. lR the Ga6e ef a GGFnFneFGial selar_e�y
prGdWGtiGR SySteFn en preexisting StFUGWFes, this PFOViS*E)R shall apply to the
GE)FnrneFGial solar ener-gy pFodUGti ":n�al sc)la,, eneFgy
pFedUGt;eR System is not Femoved.-M14h"A J;RwrJ 'go rfiqvc; thp Building IRSPeGtE)FS
ii4ay-give thezk�ewner RGtiGe that URless the Femoval is aGGGMP!ished within 30 days,
the Town Will Gause the Femeval at the owner's expeRS8. All GOsts and expenses
iRGUrred by the Town iR GE)nneGtiOR with any pr �Rp for the
Femoval E)f a GGMMeFGial E;G!aF eneFgy preduGtieR system shall be asse6sed
against the land en wh;Gh SUGh GOMMeFGial selaF eneFgy prodUGtian system is
lOGated, and a statement Of SUGh expen6es shall be pFeseRted to the owReF of the
Gannot be aSGeFtained OF IOGated, then swc;h statement
shall be pested in a GO aFemises. SUGh assessmeRt shall
be and Genstitute a lien ul�GA SLIG� 1 If the ro�fner ef. the system and the ewne
of the PFE)PeFty UPGR whiGh the system is IGGated shall fail to pay suGh e*pep,&e-s
within 1() days afteF the statement is pFesented or pe6ted, a legal aGtiOR-PRay-be
brought W GGI'eGt GLIGh-asse6sMeRt Or tO feFeG!Gse r:,UGh lien* As an altemative to
the maintenance ef any SUGh aGtion, the BuildiRg ln6peGI-OF may file a GertifiGate
ef the aGtLjal expeRse6 *RGUrred as afeFesaid to ether with a-stati'a-m',ent'identifyiRg
the propeFty in GonReGtien with whiGh the expenses were iRGUFFed and the ewRe
ef the 6ystem and the 9wRer of the pre Derty UPOR WhiGh the system iS lGGated,
with the As es6or-s, who shall, in t..e pr-epaFatiGR ef the next assessment Fell,
assess SUGh an;ouRt 6ipGn 66IGh pFGp Fty. S-,r-h aMG6IRt shall hQ ipr-h, e i
d n the
levy against SUGh pFepeFty, shall GORstit'-'tP- -a Iie.n and Shall be GE)lleGted and
eRfGFGed 'R 4hte- GGeediRgs, at the same-time ampf
undeF the same penalties as aFe provided by law for the GGI!eGtiOn and
eRfGFGeMeRt of Feat pmperty taxes i.P-the Tp-wn qf Riverhead,
(2) This seGtiOR is eRaGted pur-swaRt tO § 10 of the ML4niGipal Heme tG
promote the publiG health, safety and geneFal welfare ef r-iti7-p p,-%-#w4)-UO
Femeval PFOViSiORS tO eR6WF8 the Feper deGG iqrippn
Fp- G-O—M.MeFGial solaF
eneF ly PFe UGt;OR SySt n hp p a I
41. n. The- rernev-al-Fed UGtian
PFGViE,iOR Of thiS GhapteF 6hall 6upeFsede any inGGRGiStent pertiGns of Town Law§
64 (5 a) and goveFn the subjeGt Gf Femeval E)f eemmeFeial GG,laF eReFgy pFedWGti9n
systems in his GhapteF.
M. The minimum natural open space shall be 25%.
N. The minimum setback of panels from a residential building or zoning district shall be
100 feet.
0. The minimum buffer adiacent to a commercial or industrial property shall be 25 feet.
P. The maximum height of the panels shall not exceed eight (8) feet.
Q. Any special permit approval granted under this article shall have a term of 20 years,
commencing from the gFant of the SpeGial per issuance of a certificate of occupancy
or certificate of compliance, which may be extended for additional five-year terms
upon application to the Town Board.
R. A building Permit may be required for replacinq solar panels and accessory equipment
as determined by the Chief Building Inspector.
S. decommissioning/Removal
(1) Anv commercial solar energy production system that is not operated for a
continuous period of 24 months shall be deemed abandoned. At that time. the
owner of the commercial solar energy production system or the owner of the
property where the commercial solar ener-gy production system is located shall
remove all components thereof within 90 days of such deemed abandonment or
will be in violation of this section. In the case of a commercial solar energy
Production system on preexisting structures, this Provision shall apr)lv to the
commercial solar energy production system only. If the commercial solar enerqv
production system is not removed within said 90 days, the Building Inspectors
may give the owner notice that unless the removal is accomplished within 30 days,
the Town will cause the removal at the owner's expense All costs and expenses
incurred by the Town in connection with any proceeding or any work done for the
removal of a commercial solar energy production system shall be assessed
against the land on which such commercial solar energy production system is
located, and a statement of such expenses shall be presented to the owner of the
property, or if the owner cannot be ascertained or located then such statement
shall be posted in a conspicuous place on the premises Such assessment shall
be and constitute a lien upon such land If the owner of the system and the owner
of the property upon which the system is located shall fail to pay such expenses
within 10 days after the statement is presented or posted a legal action may be
brought to collect such assessment or to foreclose such lien As an alternative to
the maintenance of any such action the Building Inspector may file a certificate
of the actual expenses incurred as aforesaid together with a statement identifying
the property in connection with which the expenses were incurred and the owner
of the system and the owner of the property upon which the system is located
with the Assessors who shall in the preparation of the next assessment roll
assess such amount upon such property. Such amount shall be included in the
levy against such property, shall constitute a lien and shall be collected and
enforced in the same manner, by the same proceedings at the same time and
under the same penalties as are provided by law for the collection and
enforcement of real property taxes in the Town of Riverhead
2 This section is enacted pursuant to § 10 of the Municipal Home Rule Law to
Promote the public health safety and general welfare of Town citizens through
removal provisions to ensure the proper decommissioning of commercial solar
energy production systems within the entire Town The removal reduction
Provision of this chapter shall supersede any inconsistent portions of Town Laws
64 (5-a) and govern the subject of removal of commercial solar energy production
systems in this chapter.
T. Exclusions/Grandfathered Applications
(1) Where a public hearing has been held on a special permit or site plan application
that application shall be excluded from complying with the requirements of these
amendments.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
November 8, 2017
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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 which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 8, 2017
Resolution #846-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN AMENDMENT OF CHAPTER 289
ENTITLED, 11 VEHICLES, TRAFFIC AND PARKING REGULATIONS" OF THE RIVERHEAD TOWN
CODE (§289-17. Parking time limited.-East Main St.)
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
nmvv.rri
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
Vi -YAS ET YROSPp' 'pf0.pPO0E55VA1
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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 _townofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Bpard Meeting November 14, 2017 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 14, 2017
Resolution #845-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN AMENDMENT OF CHAPTER 289
ENTITLED, " VEHICLES, TRAFFIC AND PARKING REGULATIONS" OF THE RIVERHEAD TOWN
CODE (§289-17. Parking time limited.-East Main St.)
Sincerely, •
9
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
11.08.2017 ADOPTED
170845
TOWN OF RIVERHEAD
Resolution #845
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN AMENDMENT OF
CHAPTER 289 ENTITLED, "VEHICLES, TRAFFIC AND PARKING REGULATIONS"
OF THE RIVERHEAD TOWN CODE
(4289-17. Parking time limited. — East Main St.)
Councilman Dunleavy offered the following resolution,
which was seconded by Councilman Wooten
RESOLVED, that the Town Clerk is hereby authorized to publish and post the
attached public notice to consider a proposed local law for the amendment of Chapter
289 entitled, "Vehicles, Traffic and Parking Regulations" of the Riverhead Town Code,
once in the November 16, 2017 issue of the News-Review Newspaper, the newspaper
hereby designated as the official newspaper for this purpose, and to post same on the
signboard in 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 copy of same may
be obtained from the Office of the Town Clerk.
THE VOTE
Hubbard ®Yes ❑No Giglio ®Yes ❑No
Wooten ®Yes ❑No Dunleavy ®Yes ❑No
Walter ®Yes ❑No
The Resolution Was ® Thereupon Duly Declared Adopted
YA2017 RESOLUTIONS\11.08.17\845-TA-289-17fifteen min.B1ueDuck.goldberg's.ph.doe
TOWN OF RIVERHEAD
PUBLIC NOTICE
PLEASE TAKE NOTICE, that a public hearing will be held on the 21st day of
November, 2017 at 7:10 p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead,
New York, to consider a proposed local law to amend Chapter 101 of the Riverhead Town
Code entitled, "Vehicles & Traffic" as follows:
Chapter 289
VEHICLES, TRAFFIC AND PARKING REGULATIONS
PART I
ARTICLE IV
Parking, Standing and Stopping
§ 289-17. Parking time limited.
Parking is hereby prohibited for longer than the time limit designated upon any of the
described streets, or portions thereof, and parking fields:
D. Fifteen minutes. Theparking of vehicles aperiod longer than 15 minutes is
prohibited in the following locations between the hours of 9:00 a.m. to 5:00 p.m.,
Monday through Saturday:
Name of Street Side Location
East Main Street North The first 2 parking stalls located south of the
stores that front on the north side of East Main
Street, west of East Avenue Extension, in front
ofprop��now known as SCTM #'s 060-0-129-
1-8.2 and 9
East Main Street South The first 2 parking stalls located north of the
stores that front on the south side of East Main
Street, east of McDermott Avenue, in front of
pro erty now known as SCTM #'s 0600-129-4-
3 and 12
• Underline represents addition(s)
• Overstrike represents deletion(s)
Dated: Riverhead, New York
November 8, 2017
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
YA2017 RESOLUTIONS\1 1.08.17\845-TA-289-17fifteen min.BlueDuck.goldberg's.ph.doc
y i/i Ei PROSPERI qp pEltPP�PE55tIM f
i
1
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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 which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 8, 2017
Resolution #845-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS, BUILDING
CONSTRUCTION AND IMPROVEMENTS AND HOUSE STANDARDS", PART 5 THEREOF
ENTITLED "HOUSING STANDARDS" OF THE 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
nnnlnr,-ri
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
1`
4
F 1
YET PgOSP£RjTgf PE0.PAUwF5SUh1
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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 wilhelma-townofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting November 14, 2017 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 14, 2017
Resolution #845-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS, BUILDING
CONSTRUCTION AND IMPROVEMENTS AND HOUSE STANDARDS", PART 5 THEREOF
ENTITLED "HOUSING STANDARDS" OF THE 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
11.08.2017 ADOPTED
170847
TOWN OF RIVERHEAD
Resolution # 847
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 217
ENTITLED "BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND
HOUSING STANDARDS", PART 5 THEREOF ENTITLED
"HOUSING STANDARDS" OF THE TOWN CODE
Councilwoman Giglio offered the following resolution,
which was seconded by Councilman Hubbard
RESOLVED, the Town Clerk is hereby authorized to publish the attached public
notice to consider a local law to amend Chapter 217 entitled, "Buildings, Building
Construction and Improvements and Housing Standards", Part 5 thereof entitled,
"Housing Standards" of the Riverhead Town Code once in the November 16, 2017
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
Hubbard ®Yes ❑No Giglio ®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 on the 5th day of
December, 2017 at 2:00 o'clock p.m., at Town Hall, 200 Howell Avenue, Riverhead,
New York to hear all interested persons to consider a local law to amend Chapter 217
entitled, "Buildings, Building Construction and Improvements and Housing Standards",
Part 5 thereof entitled, "Housing Standards" of the Town Code as follows:
Chapter 217
Buildings, Building Construction and Improvements and Housing Standards
Part 5
Housing Standards
Article XV Penalties
§ 217-104 Penalties for offenses.
A. Except as provided in §217-97 for violations of Article XIII of this Part 5, a violation
of any provision or requirement of this Part 5 shall be deemed a violation
punishable by a fine of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
B. Except where a time for compliance may have been set in a notice of violation,
each week's violation shall be deemed a separate offense.
C. Civil penalties. In addition to the criminal penalties set forth herein, the Town
Attorney is authorized to pursue any and all actions in law or equity, including but
not limited to actions for compensatory damages; civil penalties; to compel
compliance, or to restrain by injunction, violations of this Part 5; and any other
remedies which the Town Attorney may deem necessary and proper.
(1) Any person found to have violated any of the provisions of this Part 5 shall
be subject to a civil penalty.
(2) Each day of a continuing violation shall be subject to a separate civil
Penalty. The civil penalty for a violation of this Part 5 shall be as follows:
$350 for the first day of violation or any part thereof; $500 for the second
day of violation or any part thereof; and $1,000 for the third day of violation
or any part thereof; and for all subsequent days of violation, up to and
including the 15th day, said civil penalties for any given fifteen-day period
may not exceed $15,000. Civil Penalties may be recovered in any action
or proceeding brought by the Town Attornev in anv court of competent
iurisdiction or before a duly appointed hearing officer whenever permitted
by law for a violation of this Part 5.
(3) Each fifteen-day period shall be the subject of a separate cause of action
and shall be subject to additional civil penalties not to exceed $15,000 in
each and every fifteen-day period.
(4) All civil penalties shall be mandatory penalties and must be imposed upon
a judgment in favor of the Town. If said penalty is not paid to the Town of
Riverhead within 10 days of.a judgment a civil judgment shall be entered
against the property, and the owner of the property and saidjudgment
may be collectible by a tax assessment against the property on which said
violation occurred.
(5) Any civil penalty imposed shall be in addition to any fine and/or
imprisonment imposed as a result of a criminal prosecution provided for in
the Riverhead Town Code or any state or local law. There is no
requirement of notice prior to the commencement of a civil action
(6) Strict liability. Personal knowledge of the existence of a violation is not
required, no mens rea (intent) is required and any violation charged
herein shall be one of strict liability.
(7) Continued violation. There shall be a presumption that a violation
continues from the day the Town establishes that said violation existed
until the violation's existence is rebutted but in any case no longer than 15
days for each civil action filed.
Overstrike represents deletion(s)
Underscore represents addition(s)
Dated:Riverhead, New York
November 8, 2017
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
PAi[T PAOSPERIgsp,p PRaGRES
Y
Office of the Town Clerk
.Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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 which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 8, 2017
Resolution #849-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN ADDITION TO CHAPTER 279
ENTITLED, "TAXATION" OF THE RIVERHEAD TOWN CODE (§279-37. Exemption for Cold War
Veterans)
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm
at Ext. 260
Sincerely,
R •
1
Diane M. Wilhelm
n Mw•rri
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
J ;
YxR FT PgpSpEAlTy piR RROpRf55pn1
I
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
November 14, 2017
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 .townofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting November 14, 2017 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on November 14, 2017
Resolution #849-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN ADDITION TO CHAPTER 279
ENTITLED, "TAXATION" OF THE RIVERHEAD TOWN CODE (§279-37. Exemption for Cold War
Veterans)
Sincerely,
6
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
11.08.2017 ADOPTED
170849
TOWN OF RIVERHEAD
Resolution # 849
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF
PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN ADDITION
TO CHAPTER 279 ENTITLED, "TAXATION" OF THE RIVERHEAD TOWN CODE
(§279-37. Exemption for Cold War Veterans)
Councilman Dunleavy offered the following resolution,
which was seconded by Councilman Wooten
RESOLVED, that the Town Clerk is hereby authorized to publish and post the
attached public notice to consider a proposed local law for an addition to Chapter 279
entitled, "Taxation" of the Riverhead Town Code, once in the November 16, 2017 issue
of News-Review Newspaper, the newspaper hereby designated as the official
newspaper for this purpose, and to post same on the signboard in 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 copy of same may be
obtained from the Office of the Town Clerk.
THE VOTE
Hubbard ®Yes ❑No Giglio ®Yes ❑No
Wooten ®Yes ❑No Dunleavy ®Yes ❑No
Walter®Yes ❑No
The Resolution Was ® Thereupon Duly Declared Adopted
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TOWN OF RIVERHEAD
PUBLIC NOTICE
PLEASE TAKE NOTICE, that a public hearing will be held on the 5th day of December,
2017 at 2:15 p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, to
consider a proposed local law for an addition to amend Chapter 279 of the Riverhead
Town Code entitled, "Taxation" as follows:
Chapter 279
TAXATION
ARTICLE IX
Exemption for Cold War Veterans
§279-37. Limitations.
B. If a Cold War veteran receives the exemption under§-459 a or §458 b § 458 or
§458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to
receive the exemption under this article
G. The exemptioR pFevided by this artir-Ae shall be gFaRted for a peFied ef 10 yeaFs. The
GGrnrneRGement f SUGh
.Y— r.0d shall be goveMed puFsuant to t
9Wb19eGtiGR G. VVI,-.- CA,A"FAer ewRs qualifyiRg residential Feal pmperty OR
the e#eGtive date ef the Iner-nal law providing for suGh exemption, SUGh ten yeaF peFiod
shall be measuFed frem the -assessment rall prepaFed pursi iant to the first taxable
i Arafter the effeGtive date ef the leGal law pmviding f9F suEA
status date
exeMptiGR. WheF owner Anes not own qualifying FesideRtial Feal pmpeFty
on the effeGtive date of the i- I idiRg fGF GUGh exemptien, SUGh ten yea-r
f. d shall -he rp asuFed #orn the asse66PAeRt rell prepared pursuant to the fiFst
t:Wz_Rble -Status date GGGUFFiRg at least 60 days afteF the date Of PUFGhase of qualifyi49
FesideRtW Feal pFapeFty; pFevided, however, that sheuld the veteFaR apply fer and - -,
gFaRted an eexeMptiGR on the assessment roll prepared pursuant to a taxable status
date eGGurring WithiR 60 day6 after the date of PUFGha6e of ressid-ential real property,
GUGh teR yeaF peFiad shall be measuFed fFE)m the fiFst assessment roll in whiGh the
exemption OGGUFS. if, before the expiration Of SLIGh ten year peried, SUGh exempt
propei4y is seld and replaGed with other residential Feal pFopei4y, SLIGh exemption
may be granted pursuant to this Subsection C for the unexpiFed peFtion of the teR
yeaF exemptieR peFied,
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C. The exemption Provided by this article shall apply to qualifying owners of a qualifying
real property for as long as they remain qualifying owners, without regard to such ten
(10) year limitation contained in Real Property Tax Law § 458-b.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
November 8, 2017
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
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