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Home My WebLink AboutTOR RES 413 Page 1 of I T Office of the Town Clerk Diane M. Willidin, Town Clerk Registrar of Vitalstatistics Records ManagernentOfficer Ma June 8, 2018 Honorable Town Gle'rk: Your response to this letter will acknowledge receipt of the attached resolution ad Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clea Wilhelm at wllhdlmgtovinofriverlieadny,,qRv or by fax at 631-208-4034, ti Signature- Date: Town Board Meeting June 5.. 2018 2:00 PM ENGLOSED HEREWITH please find the following resolution which was adopted by the I Town Board at a Regular Town Board meeting on June 5, 2018 Resolution #413-AUTHORI2'ES TOWN CLERK TO PUBLISH AND 'POST PUBLIC: CONSIDER A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED "NOISE, PUBLIC AND PROPERTY MAINTEANCE" OF THE RIVERHEAD TOWN CODE (BAMBOO) Sincerely, AM 0 Diane M. Wilhelm Town Clerk https:Hwebmail.town.southold.ny.us/owa/WebReadyViewBody.as... 9/5/2018 i >t s , PAFT pPfpt41,V.P,}PPOGPt55uM v Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 8, 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 5, 2018 Resolution #413-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED "NOISE, PUBLIC NUISANCES AND PROPERTY MAINTEANCE" 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, AtMf �/( � . Diane M. Wilhelm DMW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 ' pFY[T PNOAI9jAr�,p.OG.E5511A1 J( Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 8, 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@townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting June 5, 2018 2:00 PM ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on June 5, 2018 Resolution #413-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED "NOISE, PUBLIC NUISANCES AND PROPERTY MAINTEANCE" OF THE RIVERHEAD TOWN CODE (BAMBOO) Sincerely, d 4 Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax (631)208-4034 06.05.2018 ADOPTED 180413 TOWN OF RIVERHEAD Resolution #413 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) 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 251 entitled, "Noise, Public Nuisances and Property Maintenance" of the Riverhead Town Code once in the June 14, 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 RESOLUTIONS\06.05.18\413 -PLNG-ResoPHBamboo.doex 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 19r'day of June, 2018 at 7:05 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 which typically send off rhizomes far away from the plant including, but not limited to, the following plant genera: Arundinaria, Chimonobambusa Phyllostachvs Pleioblastus, Pseudosasa, Sasa. Sasaella, and Semiarundinaria. B. CLUMPING BAMBOO Hereinafter defined as any grasses with sympodial (pachymorph) rhizome systems which typically send off rhizomes near the base of the plant 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 grow or remain on the property even if the bamboo has spread from an adioining 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 grow 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 objection 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, clumping bamboo or any bamboo species found on the New York State Department of Environmental Conservation list of Prohibited and Regulated Invasive Plants and 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. YA2018 RESOLUTIONS\06.05.18\413 -PLNG-ResoPHBamboo.docx 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. Any bamboo owner whose property contains bamboo shall remove and abate the growth of the Bamboo within ten (10)feet of the edge of the pavement or traveled portion of a public road in the Town of Riverhead. b. 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. c. 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 June 5, 2018 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk YA2018 RESOLUTIONS\06.05.18\413 -PLNG-ResoPHBamboo.docx Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 8, 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 5, 2018 Resolution #439-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO ADD A NEW CHAPTER, CHAPTER 255 ENTITLED "ENVIRONMENTAL QUALITY REVIEW" 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 w Riverhead, Now York 11901- (631)727-3200 Ext. 260 w Fax (631)208.4034