HomeMy WebLinkAboutTOR RES 486 Office of to gown Clerk
Diane M. Wilhelm, 'Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 25, 2018
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 Atownofriyerheadgov or by fax at 631-208-4034.
Signature: a, Date:
Town Board Meeting ne 19, 2018 7:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on June 19, 2018
Resolution #486-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO GENERAL
MUNICIPAL LAW
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
3
v
•
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 25, 2018
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 June 19, 2018
Resolution #486-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO GENERAL
MUNICIPAL LAW
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
rciisvonuirns eiana"s'suei
Office of the Town Clerk
Diane M. Wilhelm, ' 'own Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 25, 2018
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 wilhelm6a townofriverheadny aov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting June 19, 2018 7:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on June 19, 2018
Resolution #486-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND PROCUREMENT POLICY PURSUANT TO GENERAL
MUNICIPAL LAW
Sincerely,
Ua—
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
06.19.2018 ADOPTED
180486
TOWN OF RIVERHEAD
Resolution # 486
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND PROCUREMENT POLICY
PURSUANT TO GENERAL MUNICIPAL LAW
Councilwoman Kent offered the following resolution,
which was seconded by Councilman Wooten
WHEREAS, in 2015, by Resolution #451 adopted on June 16, 2015 and
Resolution #537 adopted on July 21, 2015, the Town of Riverhead adopted local laws to
update and amend the Town's Procurement Policy, including, authorization to purchase
goods, equipment or supplies or contract for services through qualifying contracts let by
other New York State political subdivisions subject to certain requirements as set forth
in General Municipal Law (16); and
WHEREAS, thereafter, and on an annual basis, the Town Board readopted its
Procurement Policy, the most recent readopted by Resolution #25 adopted on January
3, 2018; and
WHEREAS, the Town seeks to update and amend Guidelines 3 and 6(2)(a) of
the Procurement Policy to require record/log book entry of oral/fax quote including
date/time, name, remarks detailing quote and reflect intention to include future statutory
amendments to provisions of General Municipal Law 103(16), respectively, and amend
a Guideline to ensure that all work on large scale capital public work projects, to wit:
construction contracts more than $250,000.00 and/or buildings greater than 100,000
square feet, whichever is lesser, are performed by qualified, responsible firms which
foster trained, skilled personnel through apprenticeship training programs registered
with and approved by U.S. Department of Labor or New York State Department of
Labor.
NOW THEREFORE BE IT RESOLVED, that the Town Clerk be and is hereby
authorized to publish the attached public notice to consider a proposed local law to
amend Procurement Policy pursuant to General Municipal Law once in the June 28,
2018 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
Kent ®Yes ONo Hubbard ®Yes ONo
Giglio ®Yes ONo Wooten ®Yes ONo
Jens-Smith ®Yes ONo
The Resolution Was ® Thereupon Duly Declared Adopted
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 17th day of July, 2018 at 6:10 o'clock p.m. to consider a local law to amend
Procurement Policy pursuant to General Municipal Law as follows:
TOWN OF RIVERHEAD
Procurement Policy
PURPOSE:
The purpose of this Procurement Policy is to ensure that sound business judgment is
utilized in all procurement transactions and that supplies, equipment, contracts, and
services are obtained efficiently and in compliance with applicable laws and to ensure
that all procurement transactions will be conducted in a manner that provides full and
open competition and prudent and economical use of public money. In addition, this
Procurement Policy seeks to ensure that the same sound business judgment used for
the purchase of personal property (i.e. supplies and equipment) is used for the
evaluation of personal property and/or assets with respect to its usefulness to the Town
now or in the foreseeable future and cost effective and efficient procedures for
disposition of the personal property and/or assets deemed no longer of public use to the
Town.
Guideline 1: Every prospective purchase of goods or services shall be evaluated to
determine the applicability of General Municipal Law §103 inclusive of all future
statutory amendments, deemed to be incorporated by reference, as if recited in its
entirety herein. Every town officer, board, department head or other personnel with the
requisite purchasing authority (hereinafter "purchaser") shall estimate the cumulative
amount of the items of supply or equipment needed in a given fiscal year. The
information gathered and conclusions reached shall be documented and kept with the
file or other documentation supporting the purchase activity.
Guideline 2: All purchases of supplies or equipment which will exceed $20,000 in the
fiscal year or public works contracts over $35,000 shall be formally bid pursuant to
General Municipal Law §103 inclusive of all future statutory amendments, deemed to be
incorporated by reference, as if recited in its entirety herein. In addition to compliance
with General Municipal Law, public works contracts involving construction contracts as
defined in Labor Law section 816-b in excess of$250'000.00 and/or 100,000 square
feet, whichever is less shall require the bidder/contractor and subcontractors on such
construction contracts to meet requirements set forth in Guideline 5
Guideline 3:
1. All estimated purchases of less than $20,000 but greater than $3,000 shall
require a written request for a proposal ("RFP") and written/fax quotes from at least
three comparative vendors; less than $3,000 but greater than $1,000 require an oral
request for proposal for the goods, equipment or supplies and oral/fax quotes from
at least two vendors and purchaser shall maintain a record of responses whether
they are received by phone or in writing detailing date/time, name of individual
offering quote, and remarks detailing quote; less than $1,000 are left to the
discretion of the purchaser.
2. All estimated public works contracts of less than $35,000 but greater than
$10,000 require a written request for proposal and fax/proposals from at least three
comparable contractors; less than $10,000 but greater than $1,000 require a written
request for proposal and fax/proposals from at least two contractors and purchaser
shall maintain a record of responses whether they are received by phone or in
writing detailing date/time, name of individual offering quote and remarks detailing
quote; less than $1,000 are left to the discretion of the purchaser.
3. All written RFP shall describe the desired goods, quantity and details regarding
delivery, including mode of delivery and time parameters for delivery. The purchaser
shall compile a list of all vendors from whom written/fax/oral quotes have been
requested and the written/fax/oral quotes offered.
4. All information gathered in complying with the procedures of this guideline shall
be preserved and filed with the documentation supporting the subsequent purchase
or public works contract. All responses to the RFP shall be kept confidential until
such time as the contract for work or goods is awarded and thereafter all documents
responsive to the RFP shall be subject to disclosure pursuant to the applicable
provisions of the Public Officers Law.
Guideline 4: All purchasers shall make a good-faith effort to obtain the required number
of proposals or quotations. If the purchaser is unable to obtain the required number of
proposals or quotations, the purchaser shall document the attempt made at obtaining
the proposals. In no event shall the inability to obtain the proposals or quotes be a bar
to the procurement.
Guideline 5: The lowest responsible proposal or quote shall be awarded the purchase
or public works contract unless the purchaser prepares written justification providing
reasons why it is in the best interest of the town and its taxpayers to make an award to
other than the low bidder. If a bidder is not deemed responsible, facts supporting that
judgment shall also be documented and filed with the record supporting the
procurement. Notwithstanding the above all public works projects involving construction
contracts, as defined in Guideline 2 shall require a contractor and subcontractor(s)
who is a party to, or working under, a construction contract to be a participant in good
standing of a Class "A" qualified apprenticeship program that is registered with and
approved by the New York State Department of Labor or U.S. Department of Labor and
to have apprenticeship agreements as evidenced by valid Certificates of Completion
which are specifically identified as pertaining to the trade(s) and/or job titles(s) called for
within the construction contract and appropriate for the type and scope of work to be
performed, as set forth and described in the bid specifications In addition all
contractors and subcontractors must submit to the Town Certificates of Completion
showing that they, or their sponsor participate in a Class "A" qualified apprenticeship
program: a Class "A" qualified apprenticeship program shall mean an apprenticeship
program that has graduated at least one apprentice from a New York State Department
of Labor or U.S. Department of Labor approved and registered apprenticeship program,
in the trade and/or iob title called for within the construction contract within a 24 month
time period immediately preceding the bid date of such project The contractor and/or
subcontractor must submit to the Town (i) a letter certifying that it currently operates a
Class "A" qualified apprenticeship program as a sponsor, (ii) a letter from the Class "A"
qualified apprenticeship program's sponsor certifying the contractor and/or
subcontractor are signatory to the sponsor and that the program is a Class "A" qualified
apprenticeship program as defined herein or(iii) if the contractor or subcontractor
participates in a recently formed apprenticeship program it may satisfy the requirement
of this certification by providing documentation showing that the Class "A" qualified
apprenticeship program in which it participates: (a) has been established within the past
five years; (b) is currently registered with and approved by the U.S. Department of
Labor or a state apprenticeship agency; and (c) provides bona fide apprenticeship
training to participants and is in compliance with the standards and requirements
applicable to registered apprenticeship programs under 29 C.F.R. 29 including the
requirement under these rules to maintain as at least one registered apprentice in
accordance with the guidelines of 29 C.F.R. 29.6(a). It shall be a contractor's and/or
subcontractor's responsibility to submit the required Certificates of Completion as part of
any bid submitted in connection with a construction contract The failure of the
contractor and/or subcontractor to provide the required Certificates/Certifications shall
disqualify the contractor from bidding on being awarded or performing the construction
contract or from the subcontractor being approved as a subcontractor on the
construction contract. Note it shall be the responsibility of the department administering
a construction contract to verifv that a contractor or subcontractor meets these
requirements and has included the required apprenticeship documentation in his/her
bid.
Guideline 6: A request for proposal and/or quotation shall not be required under the
following circumstances:
(1) Contract for professional services subject to resolution of the Town Board.
(2)(a) Purchase of goods, equipment or supplies or contract for services through
qualifying contracts let by other New York State political subdivisions provided that (i)
the contract must have been let by the United States or any agency thereof, any state or
any other political subdivision or district therein; (ii) the contract must have been made
available for use by other governmental entities, i.e. inclusion in the contract let by the
other entity of a clause extending the terms and conditions of the contract to other
governmental entities; and (iii) the contract must have been let to the lowest responsible
bidder or on the basis of best value in a manner consistent with General Municipal Law
§ 103 and related case law. This provision is intended to include all future statutory
amendments of General Municipal Law 06) and same are deemed to be incorporated
by reference, as if recited in its entirety herein (*Note, GML 103 (16) was +s originally
scheduled to expire on August 1, 2017 and has been extended to July 31 2019).
(2)(b) Purchase of goods, equipment or supplies or contract for services through
qualifying contracts let by the County of Suffolk or through any county within the State of
New York subject to County Law 408(a).
(3) Public emergency arising out of an accident or unforeseen occurrence or condition
affecting public buildings, public property or life, health, safety or property of the
inhabitants of the Town. Unless exigent circumstances exist such that time is of the
essence, Purchaser shall seek to obtain approval of the Town Board prior to purchase
or contract.
(4) Sole-source situations (purchaser must obtain written verification from vendor)
(5) Surplus and second-hand supplies, material or equipment from federal government,
State of New York, or other political subdivisions, districts, or public benefit corporation.
(6) Purchase of goods, equipment and supplies under State contracts through the Office
of General Services and subject to rules promulgated by the Office of General
Services.
Guideline 7: The purchase of goods or services must be accompanied by a duly signed
and completed purchase order or contract except a purchase order shall not be required
prior to purchase/procurement under those circumstances identified in Guideline 6 and
purchases or public works project less than $1000.00. The above guideline is not
intended to eliminate the requirement for a purchase order. Note, all Department Heads
shall be responsible to verify the existence of a bid or contract award for the same or
similar goods or services and shall be limited to purchase from such vendor/contractor.
Guideline 8: The Town Department responsible for personal property and/or asset(s) it
wishes to have declared surplus shall complete a "Plant Asset/Office Equipment
Disposal Form" including a description of the item, serial/tag #, location, condition,
estimated surplus value, and reason for disposal. The Plant Asset/Office Equipment
Disposal Form must be signed by the supervisor/manager of the department and filed
with the Office of the Financial Administrator. Town Departments may transfer assets
and equipment provided that a Plant Asset/Office Equipment Disposal Form records the
transfer and same is filed with the Financial Administrator. Finally, the Office of the
Financial Administrator, with the assistance of Department Heads, shall evaluate
estimated surplus value of all assets and equipment disposed on a bi-annual basis and
make recommendation to the Town Board regarding disposal or sale, subject to all
applicable laws and procedures regarding disposition of surplus asset/equipment,
including but not limited to bid procedures set forth in General Municipal Law
§ 103, and receipt of an "As-Is" Statement and/or Liability Waiver. Note, all Town logos
or other markings identifying the property as Town property shall be removed prior to
sale. This policy shall not in any way limit or prohibit the Town Board from donating an
item of personal property and/or asset as permitted under the law.
For Purposes of Guideline 8: Surplus shall be defined as any Town personal property
and/or asset that is no longer needed now or in the foreseeable future or that is no
longer of value or use to the Town and Estimated Surplus Value shall be defined as the
estimated amount of money an interested party will be willing to pay the Town for the
property. This can be determined through an estimate, an appraisal, Kelly blue book
value or other sources available to the responsible Department or Office of the Financial
Administrator.
Guideline 9: This policy shall be reviewed annually by the Town Board.
• Underline represents addition(s)
Dated: Riverhead, New York
June 19, 2018
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
3
yFFt sTMasrtahss,{Ml.aWsuu
f
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 25, 2018
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 June 19, 2018
Resolution #493-AUTHORIZES TOWN CLERK MAKE REFERRAL TO SUFFOLK COUNTY
PLANNING COMMISSION AND TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A
LOCAL LAW TO ADD ARTICLE XLII, TRANSFER OF DEVELOPMENT RIGHTS TOK CHAPTER
301 ENTITLED "ZONING AND LAND DEVELOPMENT" 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
"` tiirrxasrmrru rscrxocusswi Il
Office of the Town Clerk
Diane M Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 25, 2018
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(a-).townofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting June 19, 2018 7:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on June 19, 2018
Resolution #493-AUTHORIZES TOWN CLERK MAKE REFERRAL TO SUFFOLK COUNTY
PLANNING COMMISSION AND TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A
LOCAL LAW TO ADD ARTICLE _x_LII, TRANSFER OF DEVELOPMENT RIGHTS TOK CHAPTER
301 ENTITLED "ZONING AND LAND DEVELOPMENT" OF THE RIVERHEAD 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
06.19.2018 ADOPTED
180493
TOWN OF RIVERHEAD
Resolution # 493
AUTHORIZES TOWN CLERK TO MAKE REFERRAL TO SUFFOLK COUNTY
PLANNING COMMISSION AND TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO ADD ARTICLE XLII, TRANSFER OF DEVELOPMENT
RIGHTS TO CHAPTER 301 ENTITLED "ZONING AND LAND DEVELOPMENT" OF
THE RIVERHEAD TOWN CODE
Councilman Hubbard offered the following resolution,
which was seconded by Councilwoman Kent
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law to amend former Chapter 108
entitled, "Zoning" of the Riverhead Town Code ('Town Code") to add Article XXXXVI,
Transfer of Development Rights; and
WHEREAS, a public hearings were held on the 17th day of December 2004 and
on the 15th day of February 2005 7:15 o'clock p.m. at the Riverhead Town Hall, 200
Howell Avenue, Riverhead, New York, the dates, times and place specified in said
public notices, and all persons wishing to be heard were heard; and
WHEREAS, the maps and text were published and made part of those public
hearings; and
WHEREAS, on December 14, 2004, the Riverhead Town Board did hold a public
hearing on a Draft Supplemental Generic Environmental Impact Statement as prepared
by the Planning Department of the Town of Riverhead; and
WHEREAS, on April 5, 2005, by resolution 285, the Town Board did adopt a
Findings Statement in Support of the adoption of the Transfer of Development Rights
Local Law; and
WHEREAS, a hybrid proceeding was commenced in 2005 to challenge the
Transfer of Development Rights Local Law; and
WHEREAS, in addition to the above referenced hybrid proceeding, several other
hybrid proceedings were commenced by the same petitioner to challenge other
legislative actions by the Town Board of the Town of Riverhead, including a challenge to
the November 2003 adoption of the Town of Riverhead Comprehensive Law Use Plan,
the implementation of a new agricultural protection zoning use district in June 2004 and
the implementation of a new rural corridor zoning use district in October 2004; and
WHEREAS, on July 15, 2014, Justice William B. Rebolini of the Supreme Court,
Suffolk County, upheld the adoption of the Town of Riverhead Comprehensive Law Use
Plan, the Transfer of Development Rights Local Law, the implementation of the new
Z\TA\Amend Chap 301\TDR\6.19.2018
agricultural protection zoning use district and the implementation of the rural corridor
zoning use district; and
WHEREAS, appeals were taken from the July 15, 2014 Orders and Judgments
made by Justice William B. Rebolini; and
WHEREAS, by Decision and Orders dated April 18, 2018, the Appellate
Division, Second Department affirmed the Orders and Judgments of Justice Rebolini
related to adoption of the Town of Riverhead Comprehensive Law Use Plan, the
implementation of the new agricultural protection zoning use and the implementation of
the new rural corridor zoning use districts; and
WHEREAS, by Decision and Order dated April 18, 2018, the Appellate Division,
Second Department reversed the Order and Judgment of Justice Rebolini, on the law,
declared that the Transfer of Development Rights Local Law was void and
unenforceable and that the Town of Riverhead had failed to comply with the referral
requirements of General Municipal Law § 239-m; and
WHEREAS, to correct the foregoing procedural defect under General Municipal
Law, the Town Board directs that the entire final text, maps and zoning attachment of
the Transfer of Development Rights Local Law be referred to the Suffolk County
Planning Commission and that a public hearing be held.
NOW THEREFORE BE IT 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 June 28,
2018 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, the Town Clerk is hereby directed and authorized to forward the
Transfer of Development Rights Local Law to Suffolk County Planning Commission; 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
Kent®Yes ❑No Hubbard ®Yes ❑No
Giglio ®Yes ❑No Wooten ®Yes ❑No
Jens-Smith ®Yes ❑No
The Resolution Was ® Thereupon Duly Declared Adopted
Z\TA\Amend Chap 301\TDR\6.19.2018
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 17th day
of July,2018 at 6:15 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
Part 2. Districts
A—t-e-e Y—TT• T- .n.f.. ofDeyel Vrtiti+ Rights
LJ
§ 301 ion c+„+,.teiF,,,tA +.
River-headThis aftiele is adopted pufsttani te § 261 a of the New York State Tev,% Law and the T-o'A% of
Comprehensive Dl f the pe d diti t f ..t T_ T
G�SIS77rClif��1-J1"'fr�Z�II'}-S T11 r, __ _ _
V l 1 111
are her-eby adopted. The Ri�,,er-head Town Board hereby desigaa4es the River-head Plapaing Beafd
as the Tov,%body au4hei:ized to implement the transfer-ef developffietit rights pr-egr-affi as set fe
§ 301 200 De fi +
in addition tT,Tthe definitions provide Town La-w § 26 a, the definitions t • •ti § 301f 2 f this r
Cher shall `„NYlJ to this ai4iele.
Intent and
of River-head Comprehensive Plan with speeific r-efefenee to pr-oteetion of the lands loOatOd IA4thi
existing agy-ieW4wa! i - e neeessafy and appfep.-iate eeeneinie devellepmeiit
§301 202 `-Tansfer of development rights map-.
Pursuant to § 261 ' Subdivision >
aeeer-danee-with the stffted goals of the TwAm of River-head Gempy-ehensive Plan adopted by the
River-head Tevffi Board by resolution dated November-
, z
0037
§301 203 Preaednra for des t
s s
i 11U1 � a•
A. Sending distr-iet. Pr-ief:to inapping a sending district, the ToNNm Bear-d shall
.
Z\TA\Amend Chap 301\TDR\6.19.2018
(1) That the lafid eensists of agrieultufal tise or-prime agrieultural sails or- other-iiatufal featff
e_. ufoiPr0teetion
New York State T T
Review,, A..+ (C7~`(1D A) 1, been eemp1' ,1 with,
B. Reeeiving distr-iet. Prier-te mapping a r-eeeiving area,the TokNm Boafd shall
.
tran sporlation,water supply, waste disposal
111-1'7 diet + n, pe ;b,le ,l, ,.7. _ within
_ t__i .t t•
� YY �Y
Town LwA
§301 204 Twig +' of ,l ,l.J+.l'c+
b u1. cither-eb -
Ptifsttant to § 301202 ef this ar-tiele, the Town Board shall be aulhefii�ed to establish speeifieally
J "Yr"
A7„1+,,,•„p,.,,+o., .,n (A D'71 Use Tl' + +
b� +; \ / .b vJc�rrrcz-
§ 301 705Dasci411 +' of feeeiving ,l + ' +
s.
1-6., .l' + et
A Rog;Resil n A 40 (RA80)Ql1) 7 ng TT Tl' + +
B D„s;,1eiie, A 40 ( A 4 0)ZoningT T Tl' + +
- Hamlet-__.,i...epA...•. k.-J , u....b Use Distriet.
E. JJ G
Shopping
"-G) Zefiiiig Use Distfiei.
estin ion «wi
14 GoirA tiD a - --1 Gai: ptis (nvn) eiii. .-Use
Tl'_._•
T Business 1Zoiiiiigi T Tl' + +
T Planned Recreational Park (DDD) 7 ng T T Tl' + +
§ 301 206. Proeedufes for- severing ,7 l +rights.
ffem the Plaiiniiig Board l-J 1� Jv u of+l F 11
b
Beard;
to leo pr-esefve,l.
Z\TA\Amend Chap 301\TDR\6.19.2018
Suff-o
K mid noting the ToN m ofRiverh u'ad as preposcaiisufcd-,
l4Copy of deed;
Legal egal ,lr+' f+l- area d elll Yl ' 1, l,+ + be(6) Copy oftmE bill;
� J o are
(7) Roo of$500
R Upoii the r-eeor-ding f the eon abon + ' +l f'F f'the County G 1
�. ,
I
together-with a euFrent title insur-anee poliey showing title insuf&nee aeeeptable to th&TIaffffift9
Board in an amount equal io the value of the conserva4ion easement and naniing the TO'A% of
Rii,er-head as aii insidr-ed, the Planning Board shall issue a preservation eredit eei4ifiea4e eei4if�
that the holder is entitled to a speeifie number-of preservatien er-edits. Fr-actional efediis may be
issued by+l Dl D ,d
� 1 iuiTrtlli�-Cr
§ 301 207 411 fy tion eyed
Board shall ealetila4e the total Riimber-of er-edits upeii the real pr-opei4y withiii a desigiia�ed sendiiig
area usiiig-a develepment yield faetor. Developmen4 yield is established by multiplying the gross
area of the par-eel by the 1 + development yield--tauter €er- the-selidirgsisirrcr-i is
developffleiit yield faeter-for-all--apped sending areas shall be one right per- 43,560 squar-e feet of
drl
A. Real pr-opei.*yfre— i-h rights have been pr-eviatisly ptffehased or-tr-aiisfeff-e�.
afly ifnpr-eveffieiit, iiieluding golf
,
D. Any lafid eoneefni
Geffiprc icnsr
§ 301 208. Redeffiptieiiof-pFeseFvfftieii di
.eoi i fib to the proeed-lures set f6i4h hefein. in its determiiia4ion of the total develepnient yield of
2Y pai4ieula eii w ieh+l
pr-operty pr3 + l+ e +„ be applied, the ill__-, B_
i r r 1 y �ii� � _
e
suffaces, tidal wetlands, freshwater- wetlands, herizonial area ef
> >
woodiapAs
end beaehes below meafi high water,
yield�Mihiii the RA80 Zeiiing Use Dis4fiet. However-, in no instanee shall sueh lot yield exeeed
eiie lo!per- 40,000 square feet after- subtr-aeting for-that leild area feqttifed for-iftftasti-dettff e edi
publie impr-evenieiits. iii its Feview and approval of subdivisioii within the RA80 Zoning Use
T�'
tstrietp
ltil-i-'7iY1g r-esenution efe d +s�the Plap
upon the r-edemptieii of the appropriate iiutnber- of
a Y " � o luuFTuP17IpyaT
7
with the sigiia+we and r-eeor-difig of
Z\TA\Amend Chap 301\TDR\6.19.2018
AWATATA
- •■ •
■
♦ • - • •
•
•
•
I
MUM
■
IN
■
■
additiefial 1,500 sqttare feet of fl
flear-i n+;,
1_7 esfitia4iot•i Ret11i Gefi4ar(DRG) Zening Use Distf;n+ D,.,.,,,....,atie... _r-edits_ -,-- ,
to
.--e—,the developtnent yield asseeia4ed w�site plan applica4ions made to the T-owil Board
> Site PlaR Review,
of!his chapter, lia its r-eview and approval of sueh siteplafl applications, the Town Boafd may iiierease the allowable develepmeR4 yield at a r-a4e of wii�
additional 1,500 squafe feet of floor-area per-pr-esefvfftioii efedit redeemed to a mfflcifnum 3
floor-area ratio.
yield asseeiated with site plan applieatioiis made to!he Tewn Boafd pur-suapA te Ai4iole
v
Site Plan Review, of this chapter, in its
T-eym Board may inerease the allowable development yield 4 a rate of an additional 1,500
j. Plafmed Reefeational Par4E (PRP) Zoning Use District.Pr-eseB�ation er-eclits may be used to
the developfnefA yield assoeia4ed with site plon Eipplica4ions made to the ToNNm Board
Site
> Plan Review,
of this ehapter, hi its feview and approval of sueh site
plan applic4ions, the Town Board may iiier-ease-t4e allowable development yield at a rate of an
additieiial 1,500 s"afe f�et ef fleof area per-pr-esen,ation er-edit redeemed to a ffifflEiffi-UM of 0.-2
fleer-afea r-4•..
S (l209 A,a + +'
this ai4iele. The Plaffi-tingotfd shall-
B. Keep r-eeer-ds of-, retain and ea4alegtie both issued wid r-edeeffied pr-esefvE4ion er-ed4s
f eAificale „
r u 1
n + l
Tmanaged ,1 7
G. n epafe and-distribtAe a pr-ov;,1;,, s+n+;n+ies eii Tran program aefivit�-,
D. Diseefitinue the Y y tivilpr-epefties
upoii the
redemption f cnnr-esidepAial or-edits anyw1,efe +1,' the T
§ 301 210. Goffh-aefeial ske plaii,gull inistl-cmvrr
The agency responsible for sonimmial site plan appr-oval shall be-the admi4flistf-atof-for-applieatieii
of pr-esefvation eeftifiea�es en h-r V1L1U1aS
1 site plaii li f'+' tt
as set foAh in this the ageney responsible fef: eeiiiifief:eial site plan approval shall ha-re
7
”pafk4ag, floor-area r-atie and let _ov (J y "-_crrieftts. The-agctteiy r- ---
eonuner-eial site plan approval shall u4ilize the stand T-ds set foi4h iii § 267 b of the TwAm Law o
the State of New YeAE iii determining whether-to var-5,developmeiit stefidafds as set fei4h her-eiii.
B. This § 301 210 is adopted ptffsuant to the M-unieipal Home Rule Law ef the State of Ne
Flrl€-� is expressly i---
the
-_- Tov,%G....... vi ....v i V YY.i V1 1\1YV111VU�
Article XLII. Transfer of Development Rights
Z\TA\Amend Chap 301\TDR\6.19.2018
§ 301-199. Statutory authority_
This article is adopted pursuant to § 261-a of the New York State Town Law and the Town of
Riverhead Comprehensive Plan All of the powers and conditions set forth in Town Law § 261 a
are hereby adopted. The Riverhead Town Board hereby designates the Riverhead Planning Board
as the Town body authorized to implement the transfer of development rights program as set forth
herein.
301-200. Definitions.
In addition to the definitions provided in Town Law § 261-a the definitions in § 301-3 of this
chapter shall apply to this article
§ 301-201. Intent and purpose
It is the intent and purpose of this article to implement the land use policies set forth in the Town
of Riverhead Comprehensive Plan with specific reference to protection of the lands located within
the Agriculture Protection Zone APZ the Dreservation of agricultural lands the support of the
existing agricultural industry, and the necessary and gppropriate economic development of the
community.
301-202. Transfer of development rights maD.
Pursuant to & 261-a, Subdivision 2b, of the New York Town Law, the relevant sending and
receiving districts of the Town of Riverhead TDR Law shall be those areas specifically mapped in
accordance with the stated goals of the Town of Riverhead Comprehensive Plan adopted by the
Riverhead Town Board by resolution dated November 3 2003
§ 301-203. Procedure for designating sending and receiving districts
A. Sending district. Prior to mapping a sending district the Town Board shall determine:
(1)That the land consists of agricultural use or prime agricultural soils or other natural features
identified for protection.
(2) That the sending district is consistent with a Comprehensive Plan pursuant to § 272-a of the
New York State Town Law.
(3) That the rules and regulations promulgated pursuant to the State Environmental Quality
Review Act (SEQRA)have been complied with
B. Receiving district. Prior to mapping a receiving area the Town Board shall determine:
(1) The effects of potential increased development which is possible under transfer of
development rights including the requirements that the receiving district contains adequate
transportation water supply, waste disposal and fire protection that there will be no
significant environmentally damaging consequences and that such increased development is
compatible with the development otherwise permitted by any municipality ora encu thereof
having jurisdiction to approve permissible development within the district
(2) That the receiving district is consistent with a Compre ens Plan pursuant to § 272-a(71 the
Town Law.
(3) That the rules and regulations promulgated pursuant to the State Environmental Quality
Review Act(SEQRA) have been complied with
Z\TA\Amend Chap 301\TDR\6.19.2018
§ 301-204. Designation of sending districts
Pursuant to § 301-202 of this article the Town Board shall be authorized to establish specifically
mapped lands in accordance with § 261-a Subdivision 2b The following zoning use district is
hereby mapped as a sending district:
A. Agriculture Protection(APZ) Zoning Use District
301-205. Designation of receiving districts
Pursuant to § 301-202 of this article the following zoning use districts are hereby mqp ed as
receiving districts:
A. Residence A-80 (RA80)Zoning Use District
B. Residence A-40 (RA40) Zoning Use District
C. Hamlet Residential (HR)Zoning Use District
D. Retirement Community (RC) Zoning Use District
E. Business Center (BC) Zoning Use District
F. Shopping Center(SC) Zoning Use District
G. Destination Retail Center(DRC) Zoning Use District
H. Commercial/Residential Campus (CRC)Zoning Use District
I. Business F Zoning Use District
J. Planned Recreational Park (PRP) Zoning Use District
§ 301-206. Procedures for severing development rights
A. Preservation credit certificate A property owner may request preservation credit certificates
from the Planning Board by submission of the following:
(1)A completed preservation credit certificate application form to be supplied by the Planning
Board;
(2)Property survey showing existing conditions certified to the Town of Riverhead and the area
to be preserved;
(3) Current title commitment prepared bycompany licensed to do business in the Countyof
Suffolk and noting the Town of Riverhead as proposed insured;
(4) Copy of deed;
(5)Legal description of the area from which rights are to be severed;
(6) Copy of tax bill;
(7)Fee of$500.
B. Upon the recording of the conservation easement in the office of the County Clerk or
submission of the conservation easement to the Planning Board in recordable form encumbering
all or part of a sending parcel and the provision of evidence of same to the Planning Board
together with a current title insurance policy showing title insurance acceptable to the Planning
Board in an amount equal to the value of the conservation easement and naming the Town of
Riverhead as an insured, the Planning Board shall issue a preservation credit certificate certifying
that the holder is entitled to a specific number of preservation credits Fractional credits may be
issued by the Planning Board
§ 301-207. Allocation of preservation credits
Z\TA\Amend Chap 301\TDR\6.19.2018
When an application for the allocation of preservation credits is made to the Planning Board such
Board shall calculate the total number of credits upon the real property within a designated sending
area using a development yield factor. Development yield is established by multiplying the gross
area of the parcel by the relevant development yield factor for the sending district. The
development yield factor for all mapped sending areas shall be one right per 43,560 square feet of
unimproved real property, except that no allocation of preservation credits shall be made for the
following:
A. Real property from which rights have been previously purchased or transferred
B. Real property improved with any structure not an agricultural structure as defined herein or
any improvement including golf courses
C. Parcels of property less than seven acres in size
D. Any land concerning which the Planning Board determines that the severing of development
rights therefrom would be inconsistent with the goals and objectives set forth in the
Comprehensive Plan.
301-208. Redemption of preservation credits
Preservation credits may be used to increase the development yields within mapped receiving areas
according to the procedures set forth herein In its determination of the total develo mentie� ld of
a particular property upon which development rights are to be applied the Planning Board shall
consider the extent of natural features existing on the site including but not limited to water
surfaces, tidal wetlands freshwater wetlands horizontal area of escarpments bluffs woodlands
and beaches below mean high water.
A. Residence A-80 (RA80) Zoning Use District. Preservation credits may be used to increase lot
yield within the RA80 Zoning Use District However, in no instance shall such lot meld
exceed one lot per 40,000 square feet after subtracting for that land area required for
infrastructure and public improvements In its review and approval of subdivision within the
RA80 Zoning Use District utilizing preservation credits the Planning Board shall condition
the final map approval upon the redemption of the appropriate number of credits with the
signature and recording of the subdivision predicated upon the redemption and retiringof f the
appropriate number of preservation credits
B. Residence A-40 (RA40) Zoning Use District Preservation credits may be used to increase lot
yield within the RA40 Zoning Use District However, in no instance shall such lot yield
exceed one lot per 20,000 square feet after subtracting for that land area required for
infrastructure and public improvements In its review and approval of subdivision within the
RA40 Zoning Use District utilizing preservation credits the Planning Board shall condition
the final map approval upon the redemption of the appropriate number of credits with the
signature and recording of the subdivision predicated upon the redemption and retiring of the
appropriate number of preservation credits
C. Hamlet Residential (HR) Zoning Use District Preservation credits may be used to increase lot
yield within the HR Zoning Use District However, in no instance shall such lot yield exceed
one lot per 40,000 square feet after subtracting for that land area required for infrastructure
and public improvements. In its review and approval of subdivision within the HR Zoning
Use District utilizing preservation credits the Planning Board shall condition the final map
approval upon the redemption of the appropriate number of credits with the signature and
recording of the subdivision predicated upon the redemption and retiring of the appropriate
number of preservation credits
Z\TA\Amend Chap 301\TDR\6.19.2018
D. Retirement Community (RC)Zoning Use District Preservation credits may be used to
increase the development yield associated with site plan applications made to the Town
Board pursuant to Article VIII Residence RC (RC) Zoning Use District of this chapter. In
its review and approval of such site plan applications the Town Board may increase the
allowable development yield at a rate of one dwelling unit per preservation credit redeemed
not to exceed four dwelling units per 40,000 square feet In its review and approval of
subdivisions within the RC Zoning Use District utilizing preservation credits the Planning
Board shall condition the final map approval upon the redemption of the appropriate number
of credits, with the signature and recording of the subdivision predicated upon the
redemption and retiring of the appropriate number of preservation credits
E. Commercial/Residential Campus (CRQ Zoning Use District Two-family residences shall
require a lot of 40,000 square feet and shall employ the use of one preservation credit for the
second dwelling unit. However, in no instance shall the number of dwelling units exceed two
dwelling units per 40,000 square feet after subtracting for that land area required for
infrastructure and public improvements In its review and approval of subdivision within the
CRC Zoning Use District utilizing preservation credits the Planning Board shall condition
the final map approval upon the redemption of the appropriate number of credits with the
signature and recording of the subdivision predicated upon the redemption and retiringof the
appropriate number of preservation credits
F. Business Center (BC) Zoning Use District Preservation credits may be used to increase the
development yield associated with site plan applications made to the Town Board pursuant to
Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan
applications,the Town Board may increase the allowable development yield at a rate of an
additional 1,500 square feet of floor area per preservation credit redeemed to a maximum 0.3
floor area ratio.
G. Shopping Center (SC) Zoning Use District Preservation credits may be used to increase the
development yield associated with site plan applications made to the Town Board pursuant to
Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan
applications,the Town Board may increase the allowable development yield at a rate of an
additional 1,500 square feet of floor area per preservation credit redeemed to a maximum 0.3
floor area ratio.
H. Destination Retail Center(DRC) Zoning Use District Preservation credits may be used to
increase the development yield associated with site plan applications made to the Town
Board pursuant to Article LVI Site Plan Review, of this chapter. In its review and approval
of such site plan applications the Town Board may increase the allowable development yield
at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a
maximum 0.3 floor area ratio.
I. Business F Zoning Use District Preservation credits may be used to increase the development
yield associated with site plan applications made to the Town Board pursuant to Article LVI
Site Plan Review, of this chapter. In its review and approval of such site plan applications
the Town Board may increase the allowable development yield at a rate of an additional
1,500 square feet of floor area per preservation credit redeemed to a maximum of 0.3 floor
area ratio.
J. Planned Recreational Park (PRP)Zoning Use District Preservation credits may be used to
increase the development yield associated with site plan applications made to the Town
Board pursuant to Article LVI Site Plan Review, of this chapter. In its review and approval
of such site plan applications the Town Board may increase the allowable development yield
Z\TA\Amend Chap 301\TDR\6.19.2018
at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a
maximum of 0.2 floor area ratio.
§ 301-209. Administration
The Planning Board shall be the sole administrator of the procedures and functions associated with
this article. The Planning Board shall:
A. Issue preservation credit certificates upon the recordingof appropriate easements
B. Keep records of retain and catalogue both issued and redeemed preservation credits
certificates in a Town-managed database;
C. Prepare and distribute an annual report providing statistics on TDR program activity;
D. Discontinue the redemption of preservation credits for residential properties upon the
redemption of 500 residential credits anywhere within the Town;
E. Not permit an area encumbered by a conservation easement to be included in any
development yield calculation for subdivision approval by the Riverhead Planning Board
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead,Neve York
June 19,2018
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RWERHEAD
DIANE M.WILHELM,Town Clerk
Z\TA\Amend Chap 301\TDR\6.19.2018
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 25, 2018
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 June 19, 2018
Resolution #496-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "ZONING AND LAND
DEVELOPMENT" 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
DMW:cd
200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034
r
$uCi rnavpii�ocaexannsuu i
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
June 25, 2018
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(a,townofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting June 19, 2018 7:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on June 19, 2018
Resolution #496-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "ZONING AND LAND
DEVELOPMENT" OF THE CODE OF THE TOWN OF RIVERHEAD
Sincerely,
4, . X( . a,,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
06.19.2018 ADOPTED
180496
TOWN OF RIVERHEAD
Resolution #496
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE
TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "ZONING
AND LAND DEVELOPMENT" OF THE CODE OF THE TOWN OF RIVERHEAD
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 301 entitled, "Zoning and Land
Development" of the Riverhead Town Code once in the June 28, 2018 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
Kent ®Yes ❑No Hubbard ®Yes ❑No
Giglio ®Yes ❑No Wooten ®Yes ❑No
Jens-Smith ®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 17th day of July, 2018 at 6:20 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
Part 3. Supplementary Regulations
Article LII: Commercial Solar Energy Production Systems
§ 301-283. Definitions.
GC)mFneFG*al selaF eneFgy ffedUGtien systems shall be a flat fee of$3,000, and the
ffed Gtien systems shall be $2,000-.
B. The fee for site plan applications for commercial solar energy production systems
shall be calculated and paid as provided under Section 301-305 G of this chapter.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
June 19, 2018
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M.WILHELM,Town Clerk