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Home My WebLink AboutTOR RES 174 6 tf bMSfaxx,ieAr pMigpCX4nlgMlb r;,+� Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer March 14, 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@townof[iv_erheadny.gov or by fax at 631-208-4034. d Signature: Ite Date: Town Board Meeting March 6, 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 March 6, 2018 Resolution #174-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 a Sincerely, z Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 i 'Y,CY[T PROPP£91t.Rf pA0.PPOGP[S�UM I jY I Office ler Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer March 14, 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 March 6, 2018 Resolution #174-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 If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, 1 ,v fi Diane M. Wilhelm DMW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 . i_ y '➢FY RPROSP[Rhq➢ySp PPOGPFPSWt ,. R , Office f the Town Clerk Diane M. Wilhelm, .Fawn Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer March 14, 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 wilhelmQtownofriverheadn . ov or by fax at 631-208-4034. Signature: Date: Town Board Meeting March 6, 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 March 6, 2018 Resolution #174-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 Sincerely, Ax;t- Y�( Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue w Riverhead, New York 11901- (631)727-3200 Ext. 260 a Fax (631)208-4034 03.06.2018 ADOPTED 180174 TOWN OF RIVERHEAD Resolution # 174 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 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 251 entitled, "Noise, Public Nuisances and Property Maintenance" of the Riverhead Town Code once in the March 15, 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 MYes ❑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 3'd day of April, 2018 at 2:05 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 tropical or semi-tropical grasses with monopodial (leptomorph) rhizome (root) systems which typically send off rhizomes far away from the plant including but not limited to the following plant genera: Arrow Bamboo, Arundinaria, Bambusa, Chimonobambusa Common Bamboo Golden Bamboo, Phvllostachys, Pleioblastus Pseudosasa Sasa Sasaella and Semiarundinaria. B. CLUMPING BAMBOO Hereinafter defined as any tropical or semi-tropical or sympodial podia[ (pachymorph) grasses which typically send off rhizomes near the base of the plant including, but not limited to, Bambusa Chusguea Dendrocalamus Drepanostachyum, Fargesia, Himalayacalamus Otatea Thamnocalamus Thyrostachys and Yushania. BAMBOO OWNER Anv property owner or resident who has planted and/or prows 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 adioininq 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 adioininq 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 or clumping bamboo 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. Anv 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 propertv 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, but not less than 30 inches deep 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 propertv 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. • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York March 6, 2018 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk