HomeMy WebLinkAboutTOR RES 558 t,
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 townofrivrhan , ov or by fax at 631-208-4034.
i
Signature: 4LDate:
—z6oll
Town Board Meeting Ju V' 17, 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 July 17, 2018
Resolution #558-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 231 "FIRE PREVENTION" OF THE
RIVERHEAD TOWN CODE
Sincerely,
46
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue – Riverhead, New York 11901 (631)727-3200 Ext. 260 – Fax (631)208-4034
>i
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1
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 July 17, 2018
Resolution #558-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 231 "FIRE PREVENTION" 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
i
hFr-[inoirr — !�
y`,t 4iT.jf e[
,L.
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 wilhelm6E.townofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting July 17, 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 July 17, 2018
Resolution #558-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 231 "FIRE PREVENTION" 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
07.17.2018 ADOPTED
180558
TOWN OF RIVERHEAD
Resolution # 558
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER
A LOCAL LAW TO AMEND CHAPTER 231 ENTITLED"FIRE PREVENTION' OF THE
RIVERHEAD TOWN CODE
Councilman Wooten 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 231 entitled, "Fire Prevention" of the
Riverhead Town Code once in the July 26, 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
YA2018 RESOLUTION S\07.17.18\558-BLDG-ResoPHFMFeesRev.docx
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 7t" day of August, 2018 at 2:15 o'clock p.m. to amend Chapter 231, entitled "Fire
Prevention" of the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 231
Fire Prevention
Article III: Administration
231-9 Installation permits; operational permits; fees.
B. Operational permits.
(1)Application for any operational fire-prevention permits shall be made to the Fire Marshal on forms
provided by the Town Fire Marshal. Such forms shall be in accordance with §231-8D(1) and contain
information as may be reasonably required by the Fire Marshal or CEO to establish compliance with the
applicable codes, ordinances and regulations.
(2) Operational permits will remain valid indefinitely, provided the permit holder allows an annual
inspection, or triennial inspection pursuant to Article XXV, and corrects all violations observed therein,
pays the annual fee, and meets all other provisions of this chapter.
C. Installation and operational fire-prevention permit fees. The Town Board has determined fire
prevention fees shall be as follows:
(2) Operational permit fees.
(a) Operational permits required by Article XVI, Storage and Handling of Combustible Materials:
$30.
(b) Operational permits required by Article X, Automobile Wrecking Yards, Junkyards and Waste
Material Handling Plants: $55.
(c) Operational permits required by Article XI, Dry-Cleaning Plants: $45.
(d) Operational permits required by Article XII, Explosives: $150 for the first 1,000 gallons or
pounds and $0.01 per gallon or pound in excess thereof.
(e) Operational permits required by Article XIV, Flammable and Combustible Liquids:
[1] Storage: $180 for the first 10,000 gallons and $0.01 per gallon in excess thereof.
[2] Mobile fueling: $200 for each location.
(f) Operational permits required by Article XV, Automotive Repair Facilities: $45.
(g) Operational permits required by Article IX, Hazardous Chemicals and Materials: $200 for the
first 1,000 gallons or pounds and $0.01 per gallon or pound in excess thereof.
(h) Operational permits required by Article XX, Liquefied Petroleum Gases:
[1] General storage/use: $180 for the first 2,000 gallons'water capacity and $0.01 per
gallon in excess thereof.
[2] Retail filling station: $200.
(i) Operational permits required by Article XVII, Lumberyards and Woodworking Plants: $75.
Y:\2018 RESOLUTION S\07.17.1 8\558-BLDG-ResoPHFMFeesRev.docx
Q) Operational permits required by Article XXI, Places of Assembly: ne#ee$150.
(k) Operational permits required by Article XVIII, Welding and Cutting: $35.
(1) Operational permits required by Article XIII, Fireworks:
[1] Fireworks display: $200.
[2] Manufacture, assembly and storage of fireworks: $250.
(m) Operational permits required by Article XIX, Hot-Tar Roof Work and Torch-Applied Roofing
for Building Roof Repairs and Installation: $25.
(n) Tents. Applicants for permits to erect a tent on commercial/industrial properties will be
required to submit a certificate that the tent is made of flame-resistive materials. The fee shall be
as follows:
[1] First tent 400 square feet to 1,000 square feet: $175.
[2] First tent greater than 1,000 square feet to 5,000 square feet: $200.
[3] First tent greater than 5,000 square feet to 10,000 square feet: $225.
[4] First tent greater than 10,000 square feet: $250.
[5] Each additional tent: $125.
(o) Operational permits for any other use, including as required by Article XXV, Fire Safety and
Property Maintenance, process or operation as required by the New York State Code: $50.
Article XXV: Fire Safety and Property Maintenance Inspections (Triennials).
231-67 Permit Required.
No place of nonresidential occupancy (commercial occupancies) shall be maintained operated or used
as such without a permit issued pursuant to this chapter.All such occupancies must be inspected at least
once every three years to ensure proper maintenance of fire protective services and equipment building
features and fire service access This triennial requirement supported by annual operating permit
prescribed by $231-9 C(2)(o) does not preempt or preclude other necessary operational permits as
required by this chapter.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
July 17, 2018
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M.WILHELM,Town Clerk
Y:\2018 RESOLUTIONS\07.17.18\558-BLDG -ResoPHFMFeesRev.docx
I _
r
Office of the Town Clerk
Diane M Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 July 17, 2018
Resolution #570-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "SITE PLAN REVIEW-
APPLICATION PROCEDURE; FEES" 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
`i
s;c �ae.a.,
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting July 17, 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 July 17, 2018
Resolution #570-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "SITE PLAN REVIEW-
APPLICATION PROCEDURE; FEES" 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
07.17.2018 ADOPTED
180570
TOWN OF RIVERHEAD
Resolution # 570
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER
A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED "SITE PLAN REVIEW—
APPLICATION PROCEDURE; FEES" OF THE RIVERHEAD TOWN CODE
Councilman Wooten 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 301-305 entitled,"Application procedure;fees"of the
Riverhead Town Code once in the July 26, 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
7t" day of August, 2018 at 2:20 o'clock p.m. to amend Chapter 301-305, entitled "Application
procedure; fees" 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 LVI: Site Plan Review
§ 301-305. Application procedure;fees.
G. Fees.
(1) The applicant shall submit 75% of the review fee set forth in Subsection G(2) of this section with
the preliminary site plan application. The remainder of the review fee shall be submitted with the
application for final site plan approval.An application for preliminary site plan approval and/or final
site plan approval shall not be deemed complete until all fees are paid.
(2) For each site plan application submitted to the Planning Department under the provisions of this
chapter, the review fee shall be $500, plus $0.10 per square foot of site improvements and/or
altered area whichever is greater, or $500 plus $0.10 per square foot of gross floor area
(cumulative total of all floors) or altered land area whichever is greater. The fee to review an
application to amend a previously approved site plan shall be$500. In no instance shall a site plan
review exceed $30,000. For either a preliminary site plan application or final site plan application
to be deemed complete, the appropriate fee must be paid. No review of a preliminary site plan or
final site plan shall be undertaken until the appropriate fee is paid.
(3) Revisions to a site plan or to elevations which significantly change the character or appearance of
the project or which occur after the issuance of a certificate of occupancy shall require
resubmission of an amended site plan and shall be charged accordingly.i,l
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
July 17, 2018
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
July 20, 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 July 17, 2018
Resolution #576-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 TOWN OF RIVERHEAD TOWN CODE (Article LXIV. Mortgage-in-
Default Registry)
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm
at Ext. 260
Sincerely.
)AA��IGS(
Diane M. Wilhelm
DMW:cd
200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034
r�
Al
•
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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.
i
Signature: Date:
Town Board Meeting July 17, 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 July 17, 2018
Resolution #576-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 TOWN OF RIVERHEAD TOWN CODE (Article LXIV. Mortgage-in-
Default Registry)
Sincerely,
fibl!14i f�
X(
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
07.17.2018 ADOPTED
180576
TOWN OF RIVERHEAD
Resolution #576
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 RIVERHEAD TOWN CODE
(Article LXIV. Mortgage-in-Default Registry)
Councilman Hubbard offered the following resolution,
which was seconded by Councilwoman Kent
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 July 26, 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 Cleric.
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 21St
day of August,2018 at 7:10 o'clock p.m.to amend Chapter 301,entitled"Zoning" 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 LXIV. Mortgage-in-Default Registry
§ 301-346. Purpose and intent.
It is the purpose and intent of the Town Board to establish a process to limit and reduce the amount
of deteriorating properties located within the Town which propertyiubject to a mortgage which
is in default. It is the Town Board's further intent to specifically establish a defaulted mortgage
registration program as a mechanism to protect neighborhoods from becoming blighted through
the lack of adequate maintenance and security of abandoned properties subject to a mortgage or
properties subject to mortgages which are in default
§ 301-347. Definitions.
The following words,terms and phrases when used in this article shall have the meanings ascribed
to them in this section except where the content clearly indicates a different meaning_
ABANDONED REAL PROPERTY IN DEFAULT
Any real property that is under a current notice of default and/or notice of mortgagee's sale
pending tax assessor's lien sale and/or properties that have been the subject of a foreclosure
sale where the title was retained by the beneficiary of a mortgage involved in the
foreclosure and any properties transferred under a deed in lieu of foreclosure or sale
ENFORCEMENT OFFICER
Any full-time law enforcement officer, building inspector, fire marshal zoning inspector,
or code enforcement officer employed within the Town
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions present would lead a
reasonable person to believe that the property is vacant Such conditions may include but
not be limited to, overgrown and/or dead vegetation electricity, water or other utilities
turned off, stagnant swimming pool statements by neighbors passers-by, delivery agents
or goveinment agents, among other evidence that the property is vacant
FORECLOSURE
The process by which a property, placed as security for a mortgage loanafter a judicial
process is to be sold at an auction to satisfy a debt upon which the borrower has defaulted
VACANT
Any building or structure shall be deemed to be vacant if no person or persons actually
currently conducts a lawfully licensed business or lawfully resides or lives in M part of
the building as the legal or equitable owner(s)or tenant-occupant(s) or owner-occupants)
or tenant(s) on a permanent nontransient basis
§ 301-348. Applicability.
This article shall be considered cumulative and not superseding or subject to any other law or
provision for same, but shall rather be an additional remedy available to the Town above and
beyond any other state county and/or local provisions for same This article relates to property
subject to a mortgage which has been determined by the mortgagee to be in default
§ 301-349. Violations and penalties.
Any person, corporation, or entity who shall violate any of the provisions of this chapter or who
shall fail to comply therewith or with any of the requirements thereof shall be guilty of a violation
and, upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed
or a term of imprisonment for a period not to exceed 15 days may be imposed or both for
conviction of a first offense; for conviction of a second offense both of which were committed
within a period of five years shall be guilty of a violation and upon conviction a fine not less than
$1,000 nor more than $2,500 must be imposed or a tenn of imprisonment for a period not to
exceed 15 days ma b�posed or both; and upon conviction for a third or subsequent offense
all of which were committed within a period of five years shall be guilty of a violation and a fine
not less than$2,500 nor more than$5,000 must be imposed or a term of imprisonment for aep riod
not to exceed 15 dam b� e imposed, or both.
§ 301-350. Registration of real property with mortgage-in-default
A. If the property is occupied but remains in default it shall be inspected by the mortgagee, or
said mortgagee's designee, monthly until the mortgagor or other party remedies the default
B. Within 10 days of date that the mortgagee declares its mortgage on a particular parcel of real
property to be in default the mortgagee shall inspect and register the real property with the
Town's mortgage-in-default registry. The mortgagee shall include in the registration if the
property is vacant or occupied.
C. Mortgage-in-default registration. Registration pursuant to this section shall contain the name
of the mortgagee and mortgage servicer; the direct mailing address of the mortgagee and
servicer, e-mail address and telephone number; the name and address e-mail and telephone
number of a local propegy manager who shall be responsible for the inspection security and
maintenance of the property. The local property manager named in the registration shall be
located and available within Suffolk and Nassau Counties Monday through Friday between 9.00
a.m. and 5:00 p.m., holidays and lunch hours excepted to be contacted by the Town
D. A semiannual nonrefundable registration fee in the amount of$200 per property shall
accompany the mortgage-in-default registration foim(s). Subsequent semiannual registrations of
defaulted properties and fees in the amount of$200 are due within 10 days of the expiration of
the previous registration.
E. This section shall also apply to properties that have been the subject of foreclosure sale where
the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure/sale
F. Properties subject to this section shall remain under the semiannual mortgage-in-default
registration requirement, inspection, security, and maintenance standards of this section as long
as they remain in default.
G.Any person or other legal entity that has registered a property under this section must report
any change of information contained in the registration within 10 days of the change
H. Failure of the mortgagee and/or property owner of record to properly register or to revise
from time to time the registration to reflect a change of circumstances as required by this article
is a violation of the Town Code and may result in a citation by the Town's code enforcement
division.
§ 301-351. Maintenance requirements.
A. Properties subject to this article shall be kept free of weeds overgrown bnish dead
vegetation,trash, junk debris building materials any accumulation of newspapers circulars
flyers, notices, except those required by federal state or local law, discarded personal items
including but not limited to fiirniture clothing large and small appliances printed material or
any other items that give the appearance that the property is abandoned or not being properly
maintained.
B. The property shall be maintained free of graffiti or similar markings by removal or painting
over with an exterior grade paint that matches the color of the exterior structure
C. Yards shall be landscaped and maintained pursuant to the standards previously established in
this Code.
D. Pools and spas shall be kept in working order so that pool and spa water remains free and
clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements and
any other requirements of this Code and the New York State Building Code and New York State
Property Maintenance Code as amended from time to time
E. Failure of the mortgagee and/or property owner of record to properly maintain the property is
a violation of the Town Code and may result in citation by the Town's code enforcement
division.
§ 301-352. Security requirements.
A. Properties subject to this article shall be maintained in a secure manner so as not to be
accessible to unauthorized persons.
B. A "secure manner" shall include but not be limited to the closure and locking of windows
doors, gates and other openings of such size that may allow a child to access the interior of the
property and/or stnicture. Broken windows shall be secured by relazing or boardingof f the
window.
C. If a mortgage on property is in default and has become vacant the local property manager or
mortgagee must perform weekly inspections to verify compliance with the requirements of this
section and any other applicable laws or Town ordinances
D. Failure of the mortgagee and/or property owner of record to properly inspect and secure the
property, and post and maintain the signage noted in this section is a violation of this Code and
may result in a citation by the Town's code enforcement division
§ 301-353. Opposing obstructing enforcement officer; penalty_
Whoever opposes, obstructs or resists any enforcement officer, zoning inspector, building
inspector,fire marshal,or any person authorized by the code enforcement division in the discharge
of duties as provided in this article upon conviction may be punished as provided in § 1-21B of
the Town Code, or New York State Penal Code § 195.05.
§ 301-354. Immunity of enforcement officer.
Any enforcement officer, or any person authorized by the Code Enforcement Officer, shall be
immune from prosecution civil or criminal for reasonable good faith entrance upon real property
while in the discharge of duties imposed by this article
301-355. Additional authority.
The Code Enforcement Officer shall have authority to require the mortgagee and/or owner of
record of any property affected by this section to implement additional maintenance and/or security
measures, including but not limited to securing any and all doors windows or other openings,
employment of an on-site security guard or other measures as may be reasonably required to
prevent a decline of the property_
§ 301-356. Supplemental provisions.
Nothing contained in this article shall prohibit the Town from enforcing its codes by any other
means, including but not limited to abatement as otherwise provided by the Town Code
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead,New York
July 17,2018
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M.WILHELM,Town Clerk
V� PA3[PgpSP!I,U PPµPppGPFS5UA1 ,
Y
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 July 17, 2018
Resolution #588-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED "NOISE, PUBLIC NUISANCES
AND PROPERTY MAINTENANCE" OF THE RIVERHEAD TOWN CODE (BAMBOO)
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm
at Ext. 260
Sincerely,
. , � a
Diane M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
�FY[i P.OSIlPIlSS P[PPSOGPFSssi
l
Office of the Town Clerk
Diane M Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 July 17, 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 July 17, 2018
Resolution #588-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED "NOISE, PUBLIC NUISANCES
AND PROPERTY MAINTENANCE" OF THE RIVERHEAD TOWN CODE (BAMBOO)
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901 (63'1)727-3200 Ext. 260 - Fax (631)208-4034
07.17.2018 ADOPTED
180588
TOWN OF RIVERHEAD
Resolution # 588
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER
A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED "NOISE, PUBLIC NUISANCES
AND PROPERTY MAINTENANCE" OF THE RIVERHEAD TOWN CODE
(BAMBOO)
Councilman Hubbard offered the following resolution,
which was seconded by Councilwoman Kent
RESOLVED,the Town Clerk is hereby authorized to publish the attached public notice to
consider local law to amend Chapter 251 entitled,"Noise, Public Nuisances and Property
Maintenance"of the Riverhead Town Code once in the July 26,2018 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
YA\2018 RESOLUTIONS\07.17.18\588-TA-Reso PH Bamboo 7.17.2018 revised.docx
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 7t" day of August, 2018 at 2:25 o'clock p.m. to amend Chapter 251, entitled "Noise,
Public Nuisances and Property Maintenance" of the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 251
Noise, Public Nuisances and Property Maintenance
Article III: Rubbish, Refuse and Rank Vegetation
251-21. Definitions.
BAMBOO
A. RUNNING BAMBOO
Hereinafter defined as any grasses with monopodial (leptomorph) rhizome systems in
the subfamily Bambusoideae including but not limited to the following plant genera:
Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus Pseudosasa Sasa
Sasaella, and Semiarundinaria.
B. CLUMPING BAMBOO
Hereinafter defined as any grasses with sympodial (pachymorph) rhizome systems in
the subfamily Bambusoideae including but not limited to Bambusa Chusquea
Dendrocalamus, Drepanostachyum, Fargesia, Himalayacalamus Otatea
Thamnocalamus, Thyrostachys and Yushania.
BAMBOO OWNER
Any property owner or resident who has planted and/or grows bamboo or who
maintains bamboo on the property, or who permits bamboo to prow or remain on the
property even if the bamboo has spread from an adjoining property. Any property owner
or resident at whose property bamboo is found will be considered a bamboo owner,
except any property owner or resident who complies with all of the following:
A. Did not plant or prow or cause bamboo to be planted or grown on his property.
B. Has provided satisfactory proof to the Town of Riverhead that within a reasonable
period of time after discovering the encroachment of bamboo onto the property from an
adioining or neighboring property, advised the owner of such property of an obiection to
the encroachment of the bamboo.
C. Has initiated steps for the removal of the bamboo from the property, including
remedies at law.
251-22 Unlawful acts.
D. Bamboo. It shall be unlawful for any person or business entity to plant or replant
running bamboo or any bamboo species found on the New York State Department of
Environmental Conservation list of Prohibited and Regulated Invasive Plants and
YA2018 RESOLUTIONS\07.17.18\588-TA-Reso PH Bamboo 7.17.2018 revised.docx
unlawful to cause or allow the spread of existing running or clumping bamboo on to
neighboring properties privately or publicly owned including public rights-of-way.
1. Presumption. In the event Bamboo is found to have encroached spread invaded
or intruded upon any other property or right of way, said species shall be
presumed to be classified as running or clumping bamboo For the purposes of
this Section Bamboo found growing upon a property shall constitute presumptive
evidence that the bamboo was planted and/or grown by and/or with the consent
of the bamboo owner.
2. Maintenance and responsibility. Any Bamboo that has been planted or otherwise
permitted to grow on any property within the Town of Riverhead prior to the
effective date of this Section may remain on such property subject to compliance
with this Section.
a. Each bamboo owner shall be required to take such measures as are
reasonably expected to prevent such bamboo from invading or growing onto
adjoining or neighboring properties. Such measures shall include but not be
limited to, installation of sheathing impenetrable by bamboo at a sufficient
depth within the property line or lines where the running bamboo is planted or
is growing to prevent the growth or encroachment upon adjoining or
neighboring property by the bamboo.
b. Liability for the costs of removal and/or abatement The property owner, or his
agent, and/or person or business entity who occupies the land shall be liable
for the direct and indirect costs of abating the nuisance and all expenses
incidental thereto.
3. Exemption. Persons engaged in a recognized agricultural production operation
shall be exempted from this subsection and permitted to plant grow, and sell at
wholesale or retail bamboo in accordance with accepted farming practices
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
July 17, 2018
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M.WILHELM,Town Clerk
YA\2018 RESOLUTIONS\07.17.18\588-TA-Reso PH Bamboo 7.17.2018 revised.docx
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 July 17, 2018
Resolution #589-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" 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
'` Gx`?.•o•vra,rq�ocaenoc.Essun,
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
July 20, 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 July 17, 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 July 17, 2018
Resolution #589-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" OF THE RIVERHEAD
TOWN CODE
Sincerely,
Yl( , AU44-
Diane
M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
07.17.2018 ADOPTED
180589
TOWN OF RIVERHEAD
RESOLUTION # 589
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" OF THE
RIVERHEAD TOWN CODE
Councilwoman Kent 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 217 entitled,"Buildings, Building Construction and
Improvements and Housing Standards"of the Riverhead Town Code once in the July 26, 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 ONo Hubbard ®Yes ONo
Giglio ®Yes ONo Wooten ®Yes ONo
Jens-Smith ®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 21"day of August,2018 at 7:15 o'clock p.m.to amend
Chapter 217,entitled "Buildings,Building Construction and Improvements and Housing
Standards"of the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 217
Buildings,Building Construction and Improvements and Housing Standards
Chapter 217
Part 6 Blighted Propertv
217-107 Legislative Intent.
It is the intention of the Riverhead Town Board to protect the public health safe1y and
welfare by authorizing the establishment of procedures to identify,abate and eliminate
the presence of blight Upon properties throughout the Town
$217-108 Scope; Applicability.
A. Scope. The provisions of this chapter shall apply to all properties in the Town of
Riverhead,residential, commercial and otherwise and constitute the requirements and
standards for such property.
B. Applicability. The provisions of this chapter shall be deemed to supplement applicable
state and local laws ordinances codes and regulations Nothing in this chapter shall be
deemed to abolish impair, supersede or replace existing remedies of the Town county or
state or existing requirements of any other provision of local laws or ordinances of the
Town or countv or state laws and regulations.In case of conflict between any provisions
of this chapter and any applicable state or local law, ordinance code or regulation the
more restrictive or stringent provision or requirement shall prevail
§217-109 Definitions.
For purposes of this article the following words shall have the following meanings.•
Bli!hted Property
An improved or vacant property which meets or exceeds a point value of one
hundred (100)points as set forth within this article
Blighted Property Inventory List
A list containing properties within the Town which possess an accumulation of blight
conditions equaling or exceeding point value of one hundred(100)points
Code Enforcement Official
Shall mean an official charged with the enforcement and/or administration of this
article.
Defacement
Shall mean any mark on the face or surface of disfigurement injury, damage or
alteration to the appearance of the property without the express permission of the
owner or person or entity in control thereof.
Dilapidated
Shall mean extreme disrepair such that a structure or dwelling unit or commercial
space is unfit or unsafe for habitation or occupancy.
Graffiti
Shall mean any inscription mark or design which has been written etched scratched
painted or drawn or otherwise visible upon a premises
Junked Vehicle
Shall mean an unregistered motor vehicle not suitable for operation
Legal Occupancy
Shall mean occupancy that exists by virtue of fee ownership a bona fide lease
agreement, a rent receipt or if necessary a utility statement and which occupancy is
in compliance with federal state local laws local zoning local housing and all other
pertinent rules,regulations and codes.
Neighborhood
Shall mean an area of the Town of Riverhead defined by its residents and its
distinctive characteristics.
Registration Fees
An annual fee imposed upon properties which are listed on the Blighted Property
Inventory List.
Restoration Agreement
Shall mean a legal and binding agreement between the Town and aig ven property
owner,wherein said property owner proposes to complete specific repairs and/or
improvements in order to resolve conditions existing on his or her propeLly as
identified by a Code Enforcement Official in accordance with the definition of
"Blighted Property." Such repairs and/or improvements shall be outlined on an
explicitly fixed timeline and as such will be offered a fiill exemption from the annual
registration fee outlined in X217-112(D).The AICP Building and Planning
Administrator shall have the authority, on behalf of the Town to execute such
Restoration Agreement.
Vacant
Shall mean a period of sbx (60)days or longer during which a building or structure
or part thereof, or land is not legally occupied
Vacant Parcel
Shall mean a parcel of land with no structure(s)thereon
Unit
Shall mean any pace within a building that is or can be rented by or to a single
person or entity for his/her/its sole use and is intended to be a single and distinct
space.
§ 217-110 Blighted Property Designation.
Blighted Property-The following conditions shall be factors in evaluating whether or not
a property is designated as a Blighted Property:
A.A determination by a Code Enforcement Official whether within the Building
Department,Engineering Department Fire Marshal's Office or Town Attorney
hivestigation Unit,that the property is in a condition which poses a serious threat to the
safety,health, and or general welfare of the community. (50 points)
B. The owner of the property has been issued Summonses and/or has been prosecuted for
violation(s)of the Code of the Town of Riverhead and such violations have not been
corrected.(50 points)
C. The property has attracted or been an instrument of illegal noxious or deleterious
activity as defined in Chapter 84 Nuisance Abatement and/or in common law. (50 points)
D.A determination has been made by the Fire Marshal that the conditions upon the
property constitute a fire hazard (50 points)
E. The property is creating a substantial interference with the lawful use and/or
enjoyment of other space within a struchue/building or within the surrounding
neighborhood. (50 points)
F. The property is determined to be unmaintained based upon evidence of the persistent
and continued existence of the following deleterious conditions•
1.Boarded windows, doors entryways or exits (5 points)
2.Broken or unsecured windows. (10 points)
3.Broken or unsecured doors entryways or exits (10 points)
4.Excessive litter or debris. (10 points)
5. Overgrown grass at least ten 00)inches or higher or other overgrown
vegetation or shrubbery. (10 points)
6.More than one(1)unregistered motor vehicle (10 points)(see � 100-3(B))
7.Broken,unsecured or in disrepair:
(a)Roof(10 points)
(b)Gutters(5 points)
(c) Siding/shingles (10 points)
(d)Chimney(10 points)
(e) Shutters (5 points)
(fl Accessory structures including but not limited to: decks sheds porches
pools pool houses or cabanas garages, arports storage units front and rear
porches outside statuary, fish ponds (15 points)
8. Storage of junk vehicles. (15 points)
9 Damaged unsightly,unsecured or unpermitted signage or awnings (15 points)
10. Presence of graffiti. 0 0 points)
11. Broken, unsecured or in disrepair fencing.(10 points)
12. Broken,unsecured or in disrepair outdoor lighting fixtures(5 points)
13.Broken, exposed or hazardously utilized electrical wires electrical equipment
or extension cords.(15 points)
14.Unfinished construction. (20 points
15.Damaged dead or fallen trees or limbs (10 points)
16.Evidence of fire damage to the property which has not been repaired or
restored. (10 points)
17.Peeling or deteriorated paint. (5 points)
18. Presence of stagnant water. (10 points)
19. Open or unsecured wells cesspools or cisterns (15 points)
20.Presence of vermin,rodent harborage and infestation (30 points)
21. Presence of any violation identified within this Chapter. (20 points)
22.Presence within/upon an outdoor area of the improper storage of
(a)Refrigerator,washing machine sink stove heater,boiler,tank other household
appliances, boxes or indoor fiimiture for a period in excess of seventy-two(72)
consecutive hours. (10 points)
(b)Lumber, construction materials dirtdebris trash garbage or uncovered refuse cans
accumulated refuse or garbage in covered refuse cans which is not timely or properly
disposed of. (10 points)
Outdoor Storage Exemptions.
(1)Machinery installed within the rear setback areas for household or recreational use
(2)The presence of refiise or trash cans recycling bins or other debris which has been
secured,placed or stored in compliance with this code
§217-111 Creation or Maintenance of the Blighted Property Prohibited
No owner, agent tenant business entity,voluntary association nonprofit organization or
person in control of real property located within the Town of Riverhead shall allow,
create, maintain or cause to be created or maintained any blighted property,
217-112 Enforcement.
A.The Town Attorney's Investigation Unit shall be charged with reviewing complaints
and conducting investigations in order to determine if blight exists at the subject property_
B. Once a property has been determined to be blighted Code Enforcement shall prepare
and send out notification letters to each property owner. Such notice shall be served by
personal service upon the owner or person in charge of the affected building or structure;
or if no such person can be reasonably found by mailing said owner such notice by
means of certified mail return receipt requested to the last known address as shown by
the records of the Town Assessor:and by securely affixing a copy of such notice upon
the door of the affected building or stnict u-e.
C.Notice Contents.
(1) The notice must contain a statement of the date(s)upon which an inspection was
conducted on the property to determine blight the address of the blighted property,the
specific nature of the blight a copy of this local law,the "point rating"review of the
premises,the required annual registration fees and the property's placement on the
Blighted Property Inventory List. Said notice shall further notify the owner that if no
reasonable proof is offered establishingthe he property does not constitute a Blighted
Property, said annual registration fee shall be added to the properly tax bill for the
premises after thigy(30) days of receipt of said notice
(2)Any notice to qualifying property owners must also contain an offer of the
opportunity to enter into a Restoration Agreement with the Town
D.Registration Fees.
After thiM(30)days from the date of notice absent proof to the contrary the following
registration fees shall be imposed:
(1)A registration fee of five thousand($5,000.00)dollars shall be added to the tax bill for
any commercial building or property;
(2)A registration fee of two thousand five hundred($2,500.00)dollars shall be added to
the tax bill for any residential building or property.
E.Any surplus administrative mitigation or registration costs imposed by the Town shall
be used to create a beautification fiord with the intent of financing the Town's
revitalization and anti-blight efforts.
§217-113 Restoration Agreement:
(A)Property Owner Qualifications. In order to qualify to enter into a Restoration
Agreement,the property owner must:
(1)Possess or have applied for a valid Certificate of Occupancy or Letter of
Preexisting Use as issued by the Town for the subject premises-, and
(2)Have no other outstanding violations or complaints on file with Code
Enforcement.
(B)Restoration Agreement Contents. All Restoration Agreements shall include a defmite
plan for the resolution of any conditions existing on the blighted premises/corresponding
property as identified by a Code Enforcement Official in accordance with the definition
of Blighted Property defined herein.
(C) Such repairs and/or improvements shall be outlined on an explicitly fixed timeline
(D)Registration Fee Exemption.In consideration for entering into a Restoration
Agreement with the Town,the property owner will be offered a dill exemption from the
annual registration fee(s).
(E)Penalties for Non Compliance with Restoration Agreement Ternns Anyproperty
owner who does not complete the repairs and/or improvements outlined in a Restoration
Agreement within the established timeline will be subject to the actions described in
217-112.
217-114 Incentives.
Any enti!y and/or individual that purchases a propeLty registered on the Town's Blighted
Property Inventory List may be offered certain incentives from the Town
A.All incentives are at the discretion of the AICP Building and Planning Administrator.
The "rating" of the purchased property,the location of the purchased property the degree
of repair and development necessary and the impact of the proposed project on the
Town's economy, are factors to be considered in the grant of an exemption
B. Incentives may include but are not limited to twenty-five(25%)percent reduction of
certain permit and/or application fees to be collected by the Planning and Building
Departments and/or an acceleration of the processing of certain permits as issued by the
Planning and Building Departments.
C.Applicants must demonstrate the ability to pay for their proposed projects either
through commitment letters for loans obtained from a commercial lender of their
selection or tlu•ough the availability of developer funds
D. The environmental condition of the project site(s)and the applicant's liability and
other insurance coverage must be considered by the Town before the approval of any
incentives.
E. The timeframe applies to the time within which a properly owner/developer submits an
application with the Town of Riverhead Building Department
(1)Application is defined as any building permit application or an application to initiate
an administrative process within the Planning Department which would enable the
submission of a Building Permit application(such administrative processes include but
are not limited to the application for a variance from the Zoning Board of Appeals and/or
Site Plan Review).
§217-115 Action by Town Board for Failure to Comply or Abate Violations
A. Failure to comply with a Restoration Agreement Whenever the owners of a property
shall fail to comply with an executed Restoration Agreement the Town Board may
authorize the work to be done and shall provide for the cost thereof to be paid from
general Town fiords as directed by resolution of the Town Board pursuant to the
authority provided under& 26 and § 54 of the Town law. Additionally, failure to comply
with an executed Restoration Agreement shall result in the placement or retention of the
property on the Blighted Property Inventory List and the imposition of the corresponding
annual registration fees applicable for each year that the offending conditions exist or
remain.
B.Authority to abate in the absence of a Restoration Agreement In the event that an
owner and/or occupant of such land or premises shall fail to abate any violation as
described in the definition of"Blighted Property" contained herein the Town Board after
consideration at a public hearing may declare said premises to be a nuisance and
thereafter,the Town Board shall have the authority to enter onto such premises where
such violation exists,to remedy such violation and to charge the cost or expense of such
remediation against the owner and establish a lien in the manner provided herein
C.Assessment of costs and expenses liens. All costs and expenses incurred by the Town
in connection with the abatement of a violation of this chapter shall be provided to the
Town Board by the Engineering Department. The total costs and expenses shall then be
determined by the Town Attorney and shall be reported to the Receiver of Taxes as the
amount to be assessed against the property, and the expense so assessed shall constitute a
lien and charge on the premises on which it is levied until paid or otherwise satisfied or
discharged.
D.Persistent or ongoing blighted properties Any property previously designated y the
Town Board as a"blighted property"and placed upon the blighted property inventory list
wherein blighted conditions continue to persist following a public hearingand nd upon a
determination by the Town Board,will thereafter be deemed as a persistent blighted
property, assessed the annual blighted property assessment fee take any and all necessary
actions to abate the blighted conditions upon notice to the property owner by the Office
of the Town Attorney,registered or certified mail return receipt requested to the last
known address as shown by the records of the Town Assessor.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead,New York
July 17, 2018
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M.WILHELM,Town Clerk