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HomeMy WebLinkAboutTOR RES 681 k :oke u Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 26, 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 townofriverheadn .c ov or fax at-�31-208-4034. RECEIVE[) Signature: Date: w Town Board Meeting A gust 21, 2018 7:00 PM SEP 2 6 201 ENCLOSED HEREWITH please find the following resolution which was adopted49Ptl''fQl1b0h1*rk Town Board at a Regular Town Board meeting on August 21, 2018 #18-Resolution #681-ADOPTS A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED, "NOISE, PUBLIC NUISANCES AND PROPERTY MAINTENANCE" OF RIVERHEAD TOWN CODE (BAMBOO) Aincerely, r �1 Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 4xY[ OfPFq,�FF pp[IGPFSSl1A1 Office of the Town Clerk Diane M Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 26, 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 August 21, 2018 #18-Resolution #681-ADOPTS A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED, "NOISE, PUBLIC NUISANCES AND PROPERTY MAINTENANCE" OF 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, Diane M. Wilhelm DMW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 , r it IFY EiPWf!lNpAt Rnaewartssun rr Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 26, 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 August 21, 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 August 21, 2018 #18-Resolution #681-ADOPTS A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED, "NOISE, PUBLIC NUISANCES AND PROPERTY MAINTENANCE" OF RIVERHEAD TOWN CODE (BAMBOO) Sincerely, f Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 08.21.2018 ADOPTED 180681 TOWN OF RIVERHEAD Resolution # 681 ADOPTS A LOCAL LAW TO AMEND CHAPTER 251 ENTITLED"NOISE PUBLIC NUISANCES AND PROPERTY MAINTENANCE"OF THE RIVERHEAD TOWN CODE BAMBOO Councilwoman Giglio offered the following resolution, which was seconded by Councilman Hubbard WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 251, entitled "Noise, Public Nuisances and Property Maintenance" of the Riverhead Town Code of the Code of the Town of Riverhead ("Town Code"); and WHEREAS, a public hearing was held on the 7th day of August, 2018 at 2:25 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard; and WHEREAS, the proposed amendment to the Town Code is classified as a Type II action pursuant to SEQRA part 617.5(c)(6); and NOW THEREFORE BE IT RESOLVED, that the local law amending Chapter 251 entitled, " Noise, Public Nuisances and Property Maintenance " of the Town Code is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice of adoption once in the News-Review Newspaper and to post same on the signboard 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 ❑No Hubbard ®Yes ❑No Giglio ®Yes ❑No Wooten ®Yes ❑No Jens-Smith ®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted Y:\2018 RESOLUTION S\0821.18\681 -TA-Adopts Local Law Bamboo Rev. 8.21.2018.docx TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town at Riverhead adopted a local law to amend Chapter 251, entitled "Noise, Public Nuisances and Property Maintenance" of the Riverhead Town Code Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, at its regular meeting held on August 21, 2018. 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 monopodia) (leptomorph) rhizome systems in the subfamily Bambusoideae including but not limited to the followinq plant genera: Arundinana Chimonobambusa Ph Ilostach s Pleioblastus Pseudosasa Sasa Sasaella, and Semiarundinaria. B. CLUMPING BAMBOO Hereinafter defined as any grasses with sympodial (pachymorm) rhizome systems in the subfamily Bambusoideae including but not limited to Bambusa Chusguea 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 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 adjoining 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 Y:\2018 RESOLUTIONS\08.21.18\681 -TA-Adopts Local Law Bamboo Rev. 8.21.2018.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 waV 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 propertv 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 Anv Bamboo that has been planted or otherwise permitted to grow on anv 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 adioining 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 growinq to prevent the growth or encroachment upon adjoining or neighboring propertv 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 August 21, 2018 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk Y:\2018 RESOLUTIONS\08.21.18\681 -TA-Adopts Local Law Bamboo Rev. 8.21.2018.docx Town of Riverhead Local Law#18-2018 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 grow 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 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 adjoining 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 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. 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.