Chapter 209
ARCHITECTURAL REVIEW
GENERAL REFERENCES
Architectural Review Board — See Ch. 105, Landmarks and historic districts — See Ch. Art. III. 241.
Buildings, building construction and Zoning and land development — See Ch. 301. improvements and housing standards — See Ch. 217.
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§ 209-1 ARCHITECTURAL REVIEW § 209-1
ARTICLE I General Provisions
§ 209-1. Findings; purpose; period for review. [Amended 5-5-2009 by L.L. No. 13-2009] A. The Town Board of the Town of Riverhead finds that new development can have a substantial impact on the character of the area in which it is located. While some harmful effects of one land use upon another can be prevented through zoning, subdivision controls and housing and building codes, other aspects of development are more subtle and less amenable to exacting rules of thumb, promulgated without regard to specific development proposals. Among these are the appearance of buildings and open spaces as they contribute to an area as it is being developed or redeveloped. Such matters require the timely exercise of judgment in the public interest by people qualified to evaluate the architectural design and appearance of a development and make recommendations to the Board(s) vested with the authority to approve, approve with conditions, or deny the proposed development. B. The purpose and intent of architectural review shall include: (1) Promote those visual qualities in the environment which bring value to the community. (2) Foster the attractiveness of the community as a place to live and work. (3) Preserve the character and quality of our heritage by maintaining the integrity of those areas which have a discernible character or are of special historic significance. (4) Protect public and private investments in the area. (5) Educate and raise the level of community awareness and expectations for the quality of its environment. C. Time period for review. (1) The architectural review shall adhere to the following time parameters: (a) Commence review of all architectural aspects of site plan, project or development within 30 days or at its next regularly scheduled meeting but not later than 45 days of referral to the Architectural Review Board. [Amended 11-19-2019 by L.L. No. 23-2019] (b) Advise the applicant of all architectural aspects of site plan that must be supplemented, modified, or addressed within 60 days of referral to the Architectural Review Board.
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(c) Make recommendation to approve, approve with conditions, or deny within 90 days of referral to the Architectural Review Board. (2) The review period shall be extended to 120 days if coordinated review with the Landmarks Preservation Commission set forth in § 105-11D or a consultant retained pursuant to § 105-11B. [Amended 11-19-2019 by L.L. No. 23-2019]
§ 209-2. Aspects of review. [Amended 12-2-2003 by L.L. No. 25-2003; 6-20-2006 by L.L. No. 20-2006; 5-5-2009 by L.L. No. 13-2009] The Architectural Review Board, in examining applications referred for architectural review and making recommendations to approve, deny or recommend alternatives relative to a proposed site plan, project or development, is to consider the various aspects of design, with special emphasis on these objectives: A. To prevent the unnecessary destruction or blighting of the natural landscape or of the achieved man-made environment. B. To ascertain that architectural treatments have been designed so as to relate harmoniously to significant existing buildings that have a visual relationship to the proposed development. C. To coordinate compliance with other municipal ordinances that affect visual impact, such as the sign regulations contained in Chapter 301, Zoning and Land Development, and dumpster enclosures pursuant to § 245-8 of the Code of the Town of Riverhead. D. To review applications together with the Landmarks Preservation Commission for alterations or demolition of a designated structure or structures within an historic district.
§ 209-3. Limitations of review. [Amended 5-5-2009 by L.L. No. 13-2009] A. The Architectural Review Board shall not design or assist in the design of any buildings or projects submitted for approval. The Board shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant. [Amended 11-19-2019 by L.L. No. 23-2019] B. Individual initiative and experimentation are to be encouraged. C. The proponent's failure to take reasonable or timely account of the items discussed at §§ 209-1 and 209-2 hereinabove shall justify the Board's recommendation to deny or disapprove a project.
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D. In its endeavor to improve the quality of a design, the Board shall keep consideration of cost in mind; however, said consideration shall not override the other objectives of this chapter. E. The Board is not to use architectural review intentionally or inadvertently to exclude housing for minority groups or housing for low- and moderate-income persons. F. The Board is not to use architectural review intentionally or inadvertently to prohibit or unduly restrict building types, materials or methods or to vary the specific allowances or prohibitions of the Code of the Town of Riverhead, the New York State Fire Prevention and Building Code or other development controls.
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§ 209-4 ARCHITECTURAL REVIEW § 209-4
ARTICLE II Terminology
§ 209-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ALTERATION — Any act or process which changes one or more of the exterior architectural features of a structure. ARCHITECTURAL SIGNIFICANCE — Embodiment in a building of distinctive characteristics of a type, period or method of construction, representation of the work of a master architect or builder or possession of high artistic values. BOARD — The Architectural Review Board of the Town of Riverhead. BUILDING — A structure having a roof supported by walls, intended for permanent occupancy. When separated by a party wall without openings, it shall be deemed a separate building. A "building" shall include travel trailers, mobile homes and other structures on wheels or other supports if used for business or industrial purposes. EXTERIOR ARCHITECTURAL FEATURES — The architectural style, design, general arrangement and components of all of the outer surfaces of any building or structure, including but not limited to the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to said building or structure. HISTORICAL SIGNIFICANCE — The association of a building or structure with events which have contributed to the formation and development of the Town of Riverhead or with the lives of people who have been important to the community, or a building or structure which has made a contribution to the broader patterns of our common history. MATERIAL CHANGE — A modification to the architectural style, general design and general arrangement of the exterior of a building or structure, including the kind and texture of the building materials and the type and style of all windows, doors, light fixtures, other appurtenant fixtures and other features such as walks, fences, driveways and parking areas. In addition, all activities that affect the exteriors and require a building permit are also included in this definition. NEIGHBORHOOD SIGNIFICANCE — A contribution to the creation of a physical setting representing a period important in the evolution of the Town. It is understood, in this case, that the physical setting, which is composed of buildings, landscape features, open space and other natural and architectural features, can transcend the sum of its parts in creating a sense of history. Some examples of situations in which a building would have neighborhood significance are: it is one of a group of similar buildings constructed and/or designed by an individual important in Riverhead's history; it is a compatible element in a group of buildings of similar or equally important significant architectural styles; its location makes it an
209:7 § 209-4 RIVERHEAD CODE § 209-4 important element in the neighborhood; its size gives it a dominant place in the neighborhood. RECONSTRUCTION — The rebuilding or constructing again of a building or part of a building. The reconstruction may or may not be a return to the original design of the building. REHABILITATION — The upgrading of a building, previously in a dilapidated or substandard condition, for human habitation or use. Rehabilitation does not necessarily retain the building's original architectural features. RESTORATION — The replication or reconstruction of a building's original architectural features. "Restoration" usually describes the technique of preserving historic buildings. STRUCTURE — A combination of materials, other than a building, constituting a fabrication that is safe and stable. Excluded shall be a combination of such materials having a total floor area of less than 50 square feet and which is used for purposes other than family dwelling, storage, business, farm or industrial purposes. Also excluded shall be fences four feet or less in height in a front yard and six feet or less in height elsewhere on a lot. TOWN — The Town of Riverhead. VISUALLY COMPATIBLE — It is not the intent that all buildings in a neighborhood should look the same, but that a mix of styles, sizes, etc., that blend together well shall be allowed and that facade designs that respond to the historical character of an area be encouraged but not necessarily required.
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ARTICLE III Regulation of Development
§ 209-5. Compliance required. This chapter shall apply to any and all development subject to Chapter 301, Zoning and Land Development, Part 4, Article LVI, Site Plan Review, of the Riverhead Town Code.
§ 209-6. Requirements for plan review. [Amended 11-19-2019 by L.L. No. 23-2019] The proponent shall submit, through the Planning Department, a minimum of two copies of such drawings as shall clearly represent those structural, topographical and design features so that the Architectural Review Board can arrive at an evaluation of the proposed construction, reconstruction, addition or alteration. These plans shall likewise include structures and significant natural features on abutting properties. The Architectural Review Board may require such other information and exhibits as it deems necessary to enable the Board to reach an informed result. That information may include, but shall not be limited to: A. Photographs of any existing on-site structures or photographs from the site of any neighboring structures. B. Detailed drawings of decorative elements. C. Samples of exterior materials and colors. D. Location and method of refuse storage. E. Scale drawings of signs. F. Sectional studies to explain the character of the design. G. Scale drawings of adjacent buildings.1
1. Editor's Note: Former § 209-7, Statement of minimal acceptable conditions, which immediately followed this subsection, was repealed 11-19-2019 by L.L. No. 23-2019. 209:9 § 209-6 RIVERHEAD CODE § 209-6
Chapter 217
BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS
GENERAL REFERENCES
Architectural review — See Ch. 209. Mobile homes and travel trailer parks — See Ch. 249. Community preservation; open space — See Ch. 221. Rental dwelling units — See Ch. 263.
Excavation and grading — See Ch. 229. Sewers — See Ch. 265.
Fire prevention — See Ch. 231. Water — See Ch. 291.
Zoning and land development — See Ch. 301.
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Part 1 [AdoptedAdministration8-3-1965 By AndOrd. Enforcement No. 35 (Ch. Of52, Uniform Art. I, Of Code The 1976 Code)]
ARTICLE I Administration and Enforcement
§ 217-1. Applicability of Uniform Code; violations; definitions. [Amended 3-2-1993; 2-22-2012 by L.L. No. 2-2012] A. Uniform Code. Those rules and regulations promulgated pursuant to Article 18 of the Executive Law of the State of New York, collectively known as the "New York State Uniform Fire Prevention and Building Code," are applicable to all buildings and construction in the Town of Riverhead; said rules and regulations are hereinafter referred to in this Part 1 as the "Uniform Code" or the "Uniform Building Code." B. Violations of the Uniform Code. Any construction, as defined herein, resulting in a violation of the provisions of the Uniform Code, as promulgated pursuant to Article 18 of the Executive Law of the State of New York, shall be deemed a violation of this section and subject to any orders, requirements and penalties pursuant to New York State Executive Law § 382, entitled "Remedies." C. Definitions and word usage. (1) Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Part 1, have the meanings defined herein. (2) Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. (3) Terms defined in other codes. Where terms are not defined in this Code and are defined in the "Uniform Code," such terms shall have the meanings ascribed to them. (4) Terms not defined. Where terms are not defined through the methods authorized by this Part 1, this Code or by the Uniform Code, such terms shall have the ordinarily accepted meanings such as the context implies. (5) Definitions. As used in this Part 1, the following terms shall have the meanings indicated: ACCESSORY STRUCTURE OR BUILDING — See § 301-3 of this Code, specifically "accessory building, structure or use." ADDITION — Any construction which results in an extension or increase in floor area, number of stories, or height of a building or structure. For the purposes of this definition, an addition shall
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also mean adding any components, devices or equipment to an existing electrical, plumbing or mechanical system within or upon any building, structure or premises. ALTERATION — Any construction or renovation to an existing building or structure other than an ordinary repair or addition as defined herein. Alterations are further identified pursuant to the Uniform Code and classified as Level 1, Level 2 and Level 3. For the purposes of this definition, an alteration shall also include altering the location or the addition of any electrical, plumbing or mechanical system components or devices with regard to their existing location within or upon any building, structure or premises. ALTERED — See "alteration." APPROVED — Acceptable to the Code Enforcement Official or other authority having jurisdiction. BUILDING — A structure having a roof supported by walls that is used, or designed or intended to be used, for human habitation or occupancy. BUILDING DEPARTMENT ADMINISTRATOR — See "Building Inspector" as defined herein. BUILDING INSPECTOR — An employee of the Town of Riverhead Building Department who currently holds the title and certification of "New York State Code Enforcement Official," as designated by the Department of State Division of Code Enforcement and Administration, who is charged with the administration and enforcement of this Part 1. CHANGE OF OCCUPANCY — A change in the purpose or level of activity within a building, structure or premises that involves a change in application of the requirements of the Uniform Code and/ or this Code. CODE — The Code of the Town of Riverhead. CODE ENFORCEMENT OFFICIAL — The officer or other designated authority that currently holds the title and certification of "New York State Code Enforcement Official," as designated by the Department of State Division of Code Enforcement and Administration, who is charged with the enforcement of this Part 1. CONSTRUCTION — To form, by assembling or combining any materials, by building or erecting. CONSTRUCTION TRAILER — A portable building designed to be transported, after fabrication, on its own wheels or on a flatbed, used primarily as a temporary office for the purpose of monitoring construction at a construction site. DEMOLITION — The act of removing structural components, as defined in this Part 1, and/or the removal of any electrical,
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plumbing or mechanical system within a building or structure by disassembling or tearing down. DWELLING — Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied, for living purposes. DWELLING UNIT — A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units include, but are not limited to, one-family dwellings, each unit in a two-family dwelling, each unit in a multiple single- family dwelling (townhouse), and bed-and-breakfast dwellings. ELECTRICAL INSPECTOR — An employee of the Town of Riverhead Building Department who currently holds the title of "Electrical Inspector" and certification of "New York State Code Enforcement Official," as designated by the Department of State Division of Code Enforcement and Administration, who is charged with the administration and enforcement of this Part 1. ENLARGED — See "addition." EXTENDED — See "addition." ORDINARY REPAIR — The restoration to good or sound condition of an existing part of any building or structure for the purpose of its maintenance. For the purpose of this definition, an ordinary repair shall not be deemed an alteration, addition, demolition, or new construction or cause the removal of any structural components or result in a change of occupancy as further defined herein. For the purpose of this definition, any ordinary repair performed without the benefit of a building permit and approval thereof shall comply with the Uniform Code and shall not cause any building or structure to become less conforming or less safe than it was prior to the repair. OWNER — Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON — An individual, corporation, partnership or any other group acting as a unit. PREMISES — A lot, plot or parcel of land, easement or public way, including any buildings or structures thereon. RENOVATION — See "alteration." REPLACEMENT SIDING — The process of removing existing siding or cladding. Replacement siding or cladding can also be the
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installation of new siding or cladding over existing siding or cladding. For the purpose of this definition, replacement siding shall not cause any building or structure to become less conforming or less safe than it was prior to the repair. REROOFING — The process of recovering or replacing an existing roof covering. See "roof re-cover." RESIDENTIAL PREMISES — Any parcel of real estate, used or intended for residential purposes, whether platted or unplatted, upon which a dwelling or dwelling unit is situated. For the purpose of this definition, a residential premises shall not be a motel, hotel, dormitory or country inn, which are further defined in this Code.2 ROOF DECK — The flat or sloped surface, not including its supporting members or vertical supports. ROOF RE-COVER — The process of installing an additional roof covering over a prepared existing roof covering without removing the existing roof covering. SIDING — The covering of the outside walls of a building or structure with materials, including, but not limited to, boards, shingles or vinyl, and includes recladding, which is covering of the outside walls of a building or structure with materials, including, but not limited to, masonry, glass, stone, concrete, metal, stucco and fiberglass products. STRUCTURAL COMPONENT — Components or materials within a building or structure that carry vertical or lateral loads, i.e., live loads, dead loads or snow loads. STRUCTURE — That which is built or constructed, or a portion thereof. WALL, RETAINING — A wall not laterally supported at the top that resists lateral soil loads and other imposed loads. WALLS — (a) LOAD-BEARING WALL — A wall supporting any vertical load in addition to its own weight. (b) NONBEARING WALL — A wall which does not support vertical loads other than its own weight.
§ 217-2. Designation of Superintendent of Buildings. The Building Inspector is hereby designated as the Superintendent of Buildings under the Code. The Town Board of the Town of Riverhead may appoint a Deputy Building Inspector, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his
2. Editor's Note: See Ch. 301, Zoning and Land Development, § 301-3. 209:14 § 217-2 ARCHITECTURAL REVIEW § 217-4 powers and duties. Whenever the Building Inspector is absent or unable to act, the Deputy Building Inspector is authorized to perform his functions.
§ 217-3. Restrictions on employees. No officer or employee of the Building Inspector's office shall engage in any activity inconsistent with his duties or with the interests of the Building Inspector's office, nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Riverhead, except only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.
§ 217-4. Duties and powers of Building Inspector. A. Whenever by law, rule or regulation in respect to the Building Code the words "Superintendent of Buildings" are used, they shall be deemed to mean the Building Inspector or his deputy, as the case may be. The Building Inspector shall administer and enforce all rules, regulations, laws and ordinances applicable to the Building Code and to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof. B. He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction. C. He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof. D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
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E. He shall receive and act upon applications pursuant to Chapter 229, Article II, Grading, of the Code, as applicable. [Added 5-16-1978]
§ 217-5. Building Inspector's records and reports. A. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records, open to public inspection during business hours. B. The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
§ 217-6. Application for building permit. [Amended 12-6-1977; 1-13-1987; 1-17-1995; 5-2-1995 by L.L. No. 3-1995; 3-3-1998; 7-21-1998; 6-19-2007 by L.L. No. 18-2007; 6-17-2008 by L.L. No. 18-2008; 2-22-2012 by L.L. No. 2-2012] A. No person, owner, firm, agent, contractor or corporation shall commence any work to be done which may cause an addition, renovation, demolition, alteration, roof deck replacement, new construction or change of occupancy, as defined herein, of any building or structure upon any premises thereof without first obtaining a building or demolition permit, separate and distinct from that required by Chapter 241, Landmarks and Historic Districts, and Chapter 301, Zoning and Land Development, of this Code, from the Building Inspector for each such building or structure where work or construction is being performed. B. Unless there is a separate and distinct requirement in Chapter 241, Landmarks and Historic Districts, or Chapter 301, Zoning and Land Development, of this Code, the following are exempted from the provisions of § 217-6:
(1) Ordinary repairs, except that any work to an existing electrical system, device or part thereof must comply with Subsection M, Electrical permits, of this section. (2) Reroofing. (3) Roof re-cover. (4) Replacement siding. (5) Retaining walls less than four feet in height.
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(6) Construction trailers, provided that said trailers are removed upon completion of the work associated therewith or upon the expiration of the building permit, whichever is the latter. (7) Nothing herein is intended to conflict with the exemption from obtaining a building permit for accessory buildings and structures set forth in various sections of Chapter 301, Zoning and Land Development, of this Code. C. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Code of the Town of Riverhead. D. Application for a building permit shall be made to the Building Inspector on forms provided by him. E. Copies of plans and specifications and a plot plan in accordance with the requirements of Chapter 301, Zoning and Land Development, shall accompany every application for a permit and shall be filed in triplicate. F. Plans shall be drawn to scale upon substantial paper or cloth, and the essential parts shall be drawn to a scale of not less than 1/8 inch to one foot. In addition, the following dimensions shall be included: (1) Area of property, as expressed in square feet. (2) Percentage of building area. (3) Area of proposed building or addition, as expressed in square feet. (4) Height (from grade to ridge). (5) Area of proposed decks, as expressed in square feet. (6) Private garage, as expressed in square feet. G. All plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed and show that the Code will be complied with throughout. Computations, strains sheets, stress diagrams and other data necessary to show the correctness of the plans shall accompany same when required by the Building Inspector. H. Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application. I. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.
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J. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector. K. The development of a lot within a residential or agricultural zoning use district and/or located within 150 feet of the boundary of any state or local designated freshwater wetland or 300 feet of the boundary of any state or local designated tidal wetland shall conform to the following standards in the consideration of a building permit: [Amended 12-30-2014 by L.L. No. 1-2015] (1) Stormwater runoff or natural drainage shall not be diverted so as to overload existing drainage systems, create flooding, cause erosion or cause the need for additional drainage facilities on other private or public real property. (2) Adequate drainage facilities for stormwater runoff shall be provided. (3) Proposed slope embankments along adjoining property lines and street frontages shall have a slope not greater than 33 1/3% unless adequate stabilization or a retaining wall is provided. All slopes shall be adequately stabilized with topsoil and seeding or other approved planting. (4) Front and rear yards shall have a grade of not more than 5% for a distance of 25 feet, as measured in a horizontal plane from the structure. Side yards shall have a grade of not more than 10% for a distance of 10 feet, as measured in a horizontal plane from the structure. All finished grades within 10 feet of the structure shall pitch away from the structure at a grade rate of not less than 2%. (5) The required driveway apron shall be a minimum of 1 1/2 feet below the elevation of the finished floor of the proposed structure. (6) Notwithstanding the foregoing provisions of this section, the Building Department may waive or modify compliance with any of the foregoing minimum standards, subject to appropriate conditions which, in the judgment of the Town Engineer, are not warranted by special circumstances. (7) No person, firm or corporation shall commence the installation, extension, modification or removal of any electrical system or parts thereof without first filing an electrical application with the Building Department. (8) In addition to the provisions set forth above and in an effort to prevent water pollution, improve water quality and protect our ecosystems, the owner or applicant seeking to perform any renovation which involves a modification of an existing floor plan or any additions which increase the square footage of living area of any one- or two-family dwellings, including accessory structures
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(e.g., pool house) located within the jurisdiction of tidal or freshwater wetlands within the Town of Riverhead, as defined in Subsection K above, the owner or applicant shall require approval by the Suffolk County Department of Health Services and Town of Riverhead Building Department prior to the issuance of a building permit. The approvals for subsurface sewage treatment systems (SSTS), or such other alternative septic system design types approved by the Suffolk County Department of Health Services and/or New York State Uniform Building Code for one- and two- family dwellings, shall include the calculation of the potential occupancy determined by the number of bedrooms, bathrooms and kitchen facilities, including improvements to existing kitchen facilities. Floor plans for renovations or additions must be reviewed to ensure the total number of bedrooms, potential bedrooms as described in Subsection K(8)(c), bathroom(s) and kitchen facilities and/or kitchen improvements are the same as the original certificate of occupancy. (a) If the dwelling and/or accessory structure has a certificate of occupancy issued prior to 1973 or is eligible for a letter of preexisting use and the number of bedrooms, potential bedrooms, bathrooms or kitchen facilities/improvements as described in Subsection K(8)(c) below will increase, a permit from the Suffolk County Department of Health Services Wastewater Management and Town of Riverhead Building Department is required prior to the issuance of a building permit. Note that this provision is intended to make clear that the Town of Riverhead may be more restrictive than the Suffolk County Department of Health Services or New York State Uniform Building Code with respect to requirements for installation or upgrade of SSTS or such other alternative septic systems approved by the Suffolk County Department of Health Services or New York State Office of Planning and Development for renovations, modifications, additions to one- and two-family dwellings located within the jurisdiction of tidal or freshwater wetlands within the Town of Riverhead; however, such upgraded system or alternative system shall not exceed the design or type of sanitary system approved for use in residential structures and/or accessory structures by the Suffolk County Department of Health Services and/or New York State Uniform Building Code. (b) If the dwelling and/or accessory structure has a certificate of occupancy issued after 1973 and the number of bedrooms or potential bedrooms, bathrooms, or kitchen facilities as described in Subsection K(8)(c) below will increase to a number greater than four, a permit from the Suffolk County Department of Health Services Wastewater Management and Town of Riverhead Building Department is required prior to the issuance of a building permit. Note that this provision is
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intended to make clear that the Town of Riverhead may be more restrictive than the Suffolk County Department of Health Services or New York State Uniform Building Code with respect to permit requirements for SSTS or alternative septic systems for renovations, modifications, additions to one- and two-family dwellings located within the jurisdiction of tidal or freshwater wetlands within the Town of Riverhead; however, such upgraded system or alternative system shall not exceed the design or type of sanitary system approved for use in residential structures and/or accessory structures by the Suffolk County Department of Health Services and/or New York State Uniform Building Code. (c) Any room which could potentially be used as a bedroom may be considered a bedroom by the Building Department or Suffolk County Department of Health Services. An office, den, playroom, study room, media room and exercise room are rooms not listed as integral to the dwelling. Integral parts of the house that will not contribute to bedroom count include one kitchen, one living room, one dining room, one family room (which may be substituted for an office, den, or study), foyers, garages, or open unfinished basements. In addition, bathrooms, second kitchens, kitchen improvements such as sinks, dishwashers, and laundry equipment which may increase potential flow to the existing septic system may be considered for the calculation of additional living space/ bedrooms such that an upgraded SSTS or such other alternative septic system design type approved by the Suffolk County Department of Health Services and/or New York State Uniform Building Code may be required as set forth in the provisions above. (d) In the event that the Suffolk County Department of Health Services requires an upgraded SSTS or other alternative septic system design type approved by the Suffolk County Department of Health Services and/or New York State Uniform Building Code, the owner or applicant must comply with all permit requirements set forth in Suffolk County Department of Health Services standards and regulations. In the alternative, in the event that the Building Department determines that installation or upgrade is required pursuant to the provisions above, the Building Department shall issue a referral and request for review/approval to the Suffolk County Department of Health Services, and the owner and/or applicant shall comply with all application procedures of the Suffolk County Department of Health Services, including submission of fees. In addition, the owner and/or applicant shall be responsible for all costs related to all test wells or test borings and such other requirements required by the Suffolk County Department of Health Services.
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L. The Building Department may approve, disapprove or approve with modification the application for a building permit based upon the standards provided for in this Part 1. In the event that the Building Department determines that the information required pursuant to this § 217-6 of the Code of the Town of Riverhead is inadequate to ascertain whether or not the applicant can or will comply or has complied with this Part 1, it may require the applicant to submit to the Building Department a topographical survey prepared by a registered land surveyor or registered professional engineer showing the following: (1) The existing topography at two-foot intervals. (2) The proposed regrading plan at two-foot intervals. (3) Test borings. (4) The proposed structure or other on-site improvements in sufficient detail to determine compliance with this Part 1. (5) Elevations of the proposed structures. M. Electrical permits. (1) An application for an electrical permit must be submitted and approved by the Electrical Inspector for the installation, alteration, addition, removal or demolition, as defined in this Part 1, of any electrical systems or parts thereof. Said application shall be made to the Electrical Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Electrical Inspector to establish compliance with the applicable ordinances and regulations and the Uniform Code. (2) A fee schedule will be determined by resolution of the Town Board of the Town of Riverhead. (3) Nothing herein shall be construed as prohibiting ordinary repairs, as defined in this Part 1, of an electrical system or device by an owner of residential premises, as defined in this Part 1, on his or her own property. (4) Consistent with the provisions of Chapter 105, Article I, Accessory Apartment Committee, and Chapter 263, Rental Dwelling Units, the Electrical Inspector shall interpret electrical permit applications for single-family dwelling units and/or their accessory structures which propose the installation of more than one electric meter as being in conflict with the provisions of the Town Code of the Town of Riverhead. Therefore, electrical permit applications proposing the installation of two or more electric meters for single- family dwelling units and/or their accessory structures shall be denied by the Building Department Administrator or his designee, unless the applicant can demonstrate that the location of the principal structure to the accessory structure is such that the
209:21 § 217-6 RIVERHEAD CODE § 217-9
electrical service requires two or more meters, and the applicant completes an affidavit attesting to single-family use in conformance with the applicable zoning district. Applicants may seek relief from the denial of such applications based upon this interpretation from the Zoning Board of Appeals.3
§ 217-7. Issuance of building permit. A. The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time. B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. E. The permit holder or his agent shall keep posted, in a conspicuous place on the work site, the permit card and shall keep the same posted until the completion of the work.
§ 217-8. Demolition permits. Demolition permits shall be applied for the same as building permits, but with no plans needed. However, specifications and diagrams showing methods to be used for needling or shoring adjacent buildings may be required by the Building Inspector.
§ 217-9. Foundation construction permits. [Added 11-19-1985] Foundation construction permits may be issued by the Building Department where architectural plans have been submitted showing the construction of
3. Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:22 § 217-9 ARCHITECTURAL REVIEW § 217-12 a building in conformity with the requirements of law. Before the issuance of such permits, the applicant shall pay the building permit fee and post a surety bond or cash deposit in an amount equal to 10% of the cost of the construction of the foundation. The proceeds of such surety shall be used by the Town to cause the removal of the foundation if a certificate of occupancy has not been issued for the structure to be erected within one year from the date of issuance of the foundation construction permit. The Building Inspector may extend the one-year period for a maximum of two additional thirty-day periods upon application.
§ 217-10. Land clearing permits. [Added 8-2-1994; amended 11-20-2007 by L.L. No. 37-2007] Where site plan review is required pursuant to Chapter 301, Zoning and Land Development, Article LVI, Site Plan Review, no person, firm or corporation shall undertake or carry on any such activity or use, including any grading, clearing, cutting or tree removal associated therewith, without first obtaining a land clearing permit from the Building Inspector.
§ 217-11. Performance of work under building permit. The performance of work shall conform to the regulations for starting and completion of work as set forth in Chapter 301, Zoning and Land Development.
§ 217-12. Building permit fees. [Amended 10-7-1969; 1-16-1973; 11-20-1984; 12-4-1984; 12-29-1989; 12-17-1991; 5-20-1997; 3-3-1998; 4-6-1999 by L.L. No. 4-1999; 12-2-2003 by L.L. No. 27-2003; 5-4-2004 by L.L. No. 11-2004; 4-19-2005 by L.L. No. 11-2005; 3-7-2006 by L.L. No. 12-2006; 7-18-2006 by L.L. No. 22-2006; 11-20-2007 by L.L. No. 37-2007; 8-3-2010 by L.L. No. 19-2010; 7-6-2011 by L.L. No. 20-2011; 12-6-2011 by L.L. No. 25-2011] A. No permit under this Part 1 shall be issued until the fee as shall be prescribed by resolution of the Town Board shall have been paid, nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure shall have been paid. B. The minimum fee for any permit required under this Part 1, whether the same is for the installation of a plumbing system or a heating system, or any other required permit, including the fee for a zoning permit under Chapter 301, Zoning and Land Development, shall be $100, unless the applicant is exempt under this Part 1. C. Construction related to improving access, safety and independent living for the disabled and elderly at entrances to and within buildings shall be exempt from building permit fees.
209:23 § 217-12 RIVERHEAD CODE § 217-12
D. For each building permit where the construction cost shall exceed $1,000, there shall be an additional fee of $12 per $1,000, or fraction thereof, in addition to the minimum fee of $100. The basis for computing construction costs shall be the square feet of the floor area of the proposed building in relation to the proposed use of said building, and/or the cost thereof may be based on current Marshall Swift Valuation cost estimates using local regional multipliers and/or as follows: (1) Dwellings, one- and two-family: main story, $75 per square foot; additional stories, $40 per square foot. (2) Multiple-family dwellings, apartments, condominiums, hotels, motels, boardinghouses, labor camps and nursing and convalescent homes: main story, $90 per square foot; additional stories, $55 per square foot. (3) Private garages, attached or detached: $40 per square foot. (4) Accessory and utility buildings: main story, $50 per square foot; additional stories, $25 per square foot. (5) Building permit fees shall be waived for all home modifications related to improving access for persons with mobility impairments, including, but not limited to, ramps and kitchen and bathroom renovations. (6) The building fee permit shall be reduced by $300, or waived, whichever is lesser, for a new construction of single-family dwellings in which the applicant opts to incorporate the following universal design "basic access" features: (a) At least one stepless entrance to the dwelling, which may be located at any entrance (front, rear, side or garage); (b) First-floor doors with at least thirty-two-inch clear passage; (c) First-floor bathroom (half bath or more) that allows for full entry of wheelchair with the ability to close the door, with reinforcements between wall studs (commonly called "blocking") to allow for future installation of grab bars. (7) Mercantile, business and office buildings, garages and service stations, places of public assembly, assembly halls and clubhouses: main story, $80 per square foot; additional stories, $70 per square foot. (8) Factory buildings and warehouses (finished types): main story, $80 per square foot; additional stories, $75 per square foot. (9) Factory buildings and warehouses (unfinished types): main story, $80 per square foot; additional stories, $75 per square foot.
209:24 § 217-12 ARCHITECTURAL REVIEW § 217-12
(10) The building permit fee shall be waived for all modifications to commercial buildings or places of public accommodation related to removing architectural barriers to access and improving access for persons with mobility impairments, including, but not limited to, ramps and bathroom renovations. (11) All of the building, plumbing, electrical and other permit fees shall be waived for all residential properties that participate in the upgrade and replacement of existing septic/cesspools with those approved under the County of Suffolk Septic Improvement Program. [Added 8-1-2017 by L.L. No. 16-20174] (12) Foundation only: $60 per linear foot. (13) The fee for a permit to demolish a building shall be $60 for a small building up to 1,000 square feet and $95 for a large building of more than 1,000 square feet. (14) The fee for a duplicate certificate of occupancy shall be $150, and letters of preexisting use and inspection above the maximum shall be $150 each. (15) The fee for a renewal of a permit issued under this Part 1 shall be 25% of the original fee paid or $100, whichever is greater. The fee must be paid within 30 days of the expiration date. (16) The fee to move a building to a new location: 50% of the fee computed in accordance with Subsection D above. (17) All fees paid pursuant to this section are nonrefundable. E. Agricultural buildings. (1) Permanent greenhouses and farm buildings constructed solely for wholesale agricultural use and not as an accessory use to a residence: a flat fee of $200 for any structures 2,000 square feet or less. For structures larger than 2,000 square feet, $0.06 per square foot in addition to the flat fee. (2) Any structure approved pursuant to this section which is subsequently utilized on a permanent basis for any nonagricultural use or retail shall be subject to pay, nunc pro tunc, the standard building permit fees required for nonagricultural buildings. The owner of said structure shall be required to pay said fees within 30 days of receipt of written notice from the Building Department. (3) All fees paid pursuant to this section are nonrefundable. F. Residential or commercial energy conservation devices.
4. Editor's Note: This local law also provided for the renumbering of former Subsection D(11) through (16) as Subsection D(12) through (17), respectively. 209:25 § 217-12 RIVERHEAD CODE § 217-12
(1) Residential or commercial energy conservation devices constructed or installed in or upon a structure which qualify for any federal, state or local tax exemption, tax credit or tax rebate, including but not limited to solar panels: a flat fee of $150, except that the residential fee for solar installations that meet the Fast- Track requirements set forth below shall be $50. (a) An applicant shall meet the criteria and submit the information and documentation listed below to be eligible for the Fast- Track reduced fee and expedited review (14 days): [1] The proposed solar installation shall be on a residential building or legal accessory structure. [2] The proposed solar installation shall be on a roof with a single layer of roof covering. [3] The proposed solar installation shall be flush-mounted parallel to the roof surface and no more than six inches above the surface. [4] The proposed solar installation shall have an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge. [5] The proposed solar installation shall create a roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW). [6] The applicant must retain services for installation by a prescreened contractor. (See Fast-Track application terms and conditions.) [7] The proposed device, i.e., PV panels, must have been certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703, and inverters must be on a list of New York State Public Service Commission type-tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741. (See Solar Energy System Fast-Track Permit Application Requirements Checklist.) [8] The proposed application must utilize RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors. (See Solar Energy System Fast-Track Permit Application Requirements Checklist.) [9] To the extent the application requires or includes use of other equipment, such as modules, combiner boxes and a
209:26 § 217-12 ARCHITECTURAL REVIEW § 217-12
mounting system, all equipment and systems must be approved for public use as described in the Solar Energy System Fast-Track Permit Application Requirements Checklist and shall be in full compliance with all current National Electrical Code (NEC) requirements. [10] Applicants subject to review by the Landmarks Preservation Commission or Architectural Review Board are not eligible for the Fast-Track program. (b) The applicant must submit the uniform Solar Energy System Fast-Track Permit Application for standard installations. (c) The application must be complete and shall include a professional engineer or registered architect certified drawing of panel location and layout. [1] A professional engineer (PE) or registered architect (RA) certified drawing (hand-drawn or better) of the solar panel location and layout on the roof as well as an equipment location diagram and a one-line electrical diagram are required. [2] A PE or RA is required to certify the load-bearing and wind-load sufficiency of the proposed solar installation. (d) The applicant shall submit three sets of plans which include: [1] Cover sheet must include the following: [a] Project address, map, and section, block and lot number of the property; [b] Owner's name, address, and phone number; [c] Name, address and phone number of the person preparing the plans; [2] Sheet index indicating each sheet title and number; [3] Legend for symbols, abbreviations and notations used in the drawings; [4] Configuration diagrams prepared by a professional engineer or registered architect which are sketched (hand-drawn or better) as follows: [a] Roof diagram, depicting modules or collectors and racking configuration on designated surface(s), to scale and dimensioned. The diagram should include any eighteen-inch clearance/access required as noted in the Fast-Track Permit Requirements Checklist criteria;
209:27 § 217-12 RIVERHEAD CODE § 217-13
[b] Equipment location diagram, indicating the location(s) of: [i] The modules or collectors; [ii] The main electrical service; [iii] Inverter(s); [iv] All equipment disconnects on the outside of the structure (i.e., A/C disconnect); [v] Any interior equipment; [c] A one-line standard electrical diagram. [5] A new property survey is not required, but if the solar energy system is proposed for an accessory structure on the residential property, the property owner will have to provide an existing survey and demonstrate that the accessory structure is legal. (e) After approval of an application for solar panel construction and/or installation, the applicant shall be required to affix a warning label on all utility meters and at any alternating current (AC) disconnect switch, indicating that there is an operating solar electric co-generation system on site. (f) The Town must create and keep a registry, by address, of all residential and commercial energy devices, including solar installations. G. Duplicate inspection fee. The Building Inspector may charge a duplicate inspection fee for any inspection that must be repeated due to the failure of the applicant to meet the inspection criteria. The duplicate inspection fee for residential properties shall be $200. The duplicate inspection fee for commercial properties shall be $350. H. Preconstruction fee. If any land clearing or building or commencement of any construction activity is without the benefit of applicable Town permits, then all fees associated with any land clearing or building or construction activity will be waived for a ninety-day period and thereafter will be double the otherwise applicable fee for all permits as provided by the Town Code.5
§ 217-13. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
5. Editor's Note: Former Subsection I, regarding electronic records retention fees, which immediately followed this subsection, was repealed 5-22-2019 by L.L. No. 14-2019. 209:28 § 217-13 ARCHITECTURAL REVIEW § 217-16
A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
§ 217-14. Stop orders. [Amended 1-4-2005 by L.L. No. 1-2005] Whenever the Building Inspector has reasonable grounds to believe that work on any building, structure, or any type of land clearing is being performed in violation of the provisions of the Uniform Building Code of the State of New York, Chapter 301, Zoning and Land Development, of the Code of the Town of Riverhead, or if work being done is not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or if work is being done in an unsafe and dangerous manner, he or she shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building and/or land clearing activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon the person or entity to whom it is directed, either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction or on the site and sending a copy of the same by registered mail to such person. The Building Inspector may designate one or more persons with authority to enforce the Town Code pursuant to § 107-1 to issue a stop order as set forth in this section on a case-by-case basis, provided those persons are certified Code Enforcement Officials.
§ 217-15. Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
§ 217-16. Certificate of occupancy required. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy or temporary certificate of occupancy as set forth in § 301-318D shall have been issued by the Building Inspector in addition to any which may be required under Chapter 301, Zoning and Land Development. [Amended 12-15-2009 by L.L. No. 67-2009]
209:29 § 217-16 RIVERHEAD CODE § 217-20
B. No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy or temporary certificate of occupancy as set forth in § 301-318D shall have been issued by the Building Inspector in addition to any which may be required under Chapter 301, Zoning and Land Development. [Amended 12-15-2009 by L.L. No. 67-2009] C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector in addition to any which may be required under Chapter 301, Zoning and Land Development.
§ 217-17. Record of violations. There shall be maintained in the Building Inspector's office a record of all findings of violations of this law and Code.
§ 217-18. Issuance of certificate of occupancy. A. A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application, and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued. B. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable buildings laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. C. The certificate of occupancy provided for in this section is in addition to any which may be required under Chapter 301, Zoning and Land Development.
§ 217-19. Tests for proof of compliance. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.
§ 217-20. Penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this Part 1 or to fail in any manner to comply with a notice, directive
209:30 § 217-20 ARCHITECTURAL REVIEW § 217-20
or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For any and every violation of the provisions of this Part 1, the owner or general agent of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and any builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in any such violation, shall, upon conviction thereof, be liable to a fine or penalty not exceeding $500 for each and every violation. Whenever such person has received written notice from the Building Inspector that such violation exists or is being committed, each day subsequent to the receipt of such notice that such violation continues shall constitute a separate and distinct violation of this Part 1. Any violation of this Part 1 or any part thereof shall constitute disorderly conduct, and any person violating the same shall be a disorderly person. [Amended 12-29-1989] C. Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of the New York State Uniform Fire Prevention and Building Code or any order, notice, directive, permit or certificate of the Building Inspector made thereunder shall, upon conviction thereof, be punishable by a fine of not more than $500 or 30 days in jail, or both. Each day that a violation continues after receipt of written notice of the same shall be deemed a separate offense.6 D. This section shall not apply to violations of the provisions of the New York State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.7 E. Civil penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction, violations of this Part 1; and any other remedies which the Town Attorney may deem necessary and proper. [Added 8-15-2006 by L.L. No. 30-2006]
6. Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 7. Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:31 § 217-20 RIVERHEAD CODE § 217-21
(1) Any person found to have violated any of the provisions of this Part 1 shall be subject to a civil penalty. (2) Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this Part 1 shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law for a violation of this Part 1. (3) Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in each and every fifteen-day period. (4) All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectible by a tax assessment against the property on which said violation occurred. (5) Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law. There is no requirement of notice prior to the commencement of a civil action. (6) Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. (7) Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case no longer than 15 days for each civil action filed.
§ 217-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section.8
8. Editor's Note: Original § 52-20 of the 1976 Code, Enforcement of Uniform Fire Prevention and Building Code for government buildings and activities, added 1-21-1997 by L.L. No. 209:32 § 217-21 ARCHITECTURAL REVIEW § 217-21
1-1997, which immediately followed this section, was repealed 9-5-2007 by L.L. No. 24-2007, and original § 52-21 of the 1976 Code, Energy Star requirements, added 12-28-2006 by L.L. No. 55-2006, was repealed 8-7-2012 by L.L. No. 15-2012. 209:33
§ 217-22 ARCHITECTURAL REVIEW § 217-24
Part 2 [AdoptedGreen9-3-2008 BuildingBy L.L.Standards No. 32-2008 For Town-Owned(Ch. 52, Art. Buildings II, Of The 1976 Code)]
ARTICLE II Standards and Procurement
§ 217-22. Findings; purpose. A. Building construction has an impact on human health and the environment. According to the U.S. Green Building Council, buildings consume approximately 12% of potable water, 39% of primary energy, 40% of raw materials and 70% of United States electricity. Buildings also generate 48% of United States carbon emissions and 136 million tons of construction and demolition waste annually. Furthermore, many indoor building materials release hazardous toxins, impair indoor air quality, and reduce occupant health and productivity. B. The Town of Riverhead finds that the use of green building criteria for new Town-owned facilities will improve the quality of our community by making efficient use of natural resources, including water, materials and land, for the purpose of promoting a healthy indoor and outdoor environment. Green buildings have a smaller environmental footprint, promote dramatic energy savings, and reduce operating costs. The Town of Riverhead declares it reasonable and necessary to employ green building standards in the construction and renovation of Town- owned buildings and facilities.
§ 217-23. Definitions. As used in this Part 2, the following terms shall have the following meanings: GREEN BUILDING STANDARDS — Design guidelines, and/or a rating system or rules for constructing or reconstructing buildings that ensure site planning, water efficiency, energy efficiency, renewable energy, conservation of materials and resources and indoor environmental quality. LEED — The Leadership in Energy and Environmental Design Building Rating System for New Construction, Version 2.2, and LEED for Existing Buildings: Operations & Maintenance Version, as applicable, published by the U.S. Green Building Council. SUBSTANTIAL RECONSTRUCTION — A project in which the scope of work includes rehabilitation or renovation in at least two of the three major systems, electrical, HVAC, and plumbing, of a building affecting at least 50% of the building's total floor area.
209:35 § 217-24 RIVERHEAD CODE § 217-27
§ 217-24. Green building and procurement. [Amended 4-20-2011 by L.L. No. 14-2011] The Town of Riverhead shall incorporate green building specifications and procurements using environmental standards established by a green purchase guide for the construction of new Town-owned buildings or substantial reconstruction or major renovation of Town-owned buildings. The Town shall utilize the standards and specifications adopted by the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED), New York State Department of Environmental Conservation Green Building Standards, Environmental Protection Agency's Green Purchase Guide and Environmentally Preferable Purchasing Guide, Energy Star, Green Seal Responsible Purchasing Net, as guidelines for construction and renovation projects and purchases of materials and equipment related to the construction or renovation project.
§ 217-25. Review of projects. [Amended 4-20-2011 by L.L. No. 14-2011] The Building Department Administrator or designee shall review all projects related to construction of new Town-owned buildings or Town-owned buildings undergoing substantial reconstruction to determine compliance with the provisions of this Part 2.
§ 217-26. Procedures for compliance; enforcement. A. The Building Department Administrator or designee shall determine procedures for compliance with the provisions of this Part 2. B. The Building Department Administrator or designee shall also be responsible for undertaking the inspections to determine compliance and certification and filing the necessary documentation.
§ 217-27. Exemptions. The following buildings shall be exempt from the provisions of this Part 2: buildings that do not use either electricity or fossil fuel for comfort conditioning.
209:36 § 217-28 ARCHITECTURAL REVIEW § 217-29
Part 3 [AdoptedImprovements11-5-2008 By ForL.L. Seniors No. 43-2008 And People(Ch. W53,ith Art. Disabilities I, Of The 1976 Code)]
ARTICLE III Applications and Exceptions
§ 217-28. Findings; legislative intent. A. It is becoming increasingly apparent that a growing percentage of the residents of the Town of Riverhead require design modifications and accessibility improvements in order to enter and exit their homes safely. In addition, commercial establishments and places of public accommodation require modifications to remove architectural barriers to access and improve access for persons with mobility impairments. This is particularly true where, as here, the demographics demonstrate that increasing numbers of residents aged 55 years and better are seeking to remain in their single-family homes and age in place. B. In order to construct necessary design modifications and accessibility improvements in these homes and commercial establishments, a building permit is required. The intent of this Part 3 is to facilitate the processing of these permits through the Building Department and to allow for relief from certain strictures of Chapter 301, Zoning and Land Development, for these accessibility improvements. C. Many existing homes have been built to occupy lots up to front, rear and side lot setback requirements. Often, design modifications and accessibility improvements may only be constructed within these required setbacks, which, under current Town Code requirements, often necessitate an area variance from the Zoning Board of Appeals. The Zoning Board of Appeals may vary these setback requirements, but only after proceedings that often require a hearing and other lengthy processes. D. The Town Board finds that, in furtherance of the above-stated goals of facilitating design modifications and accessibility improvements, exempting improvements to residential structures from the strict application of Chapter 301, Zoning and Land Development, will better assist residents who wish to age in place and improve their quality of life without adversely affecting neighboring properties.
§ 217-29. Building permit fee exemptions granted. As set forth in § 217-12C, and subject to compliance with the American National Standards for Accessible and Usable Buildings and Facilities, as adopted by the New York State Building Code, construction items related solely to improving access, safety and independent living for seniors and people with disabilities at entrances to and within buildings shall be exempt from building permit fee requirements.
209:37 § 217-29 RIVERHEAD CODE § 217-30
A. Commercial establishment modifications. The building permit fee shall be waived for all modifications to commercial buildings or places of public accommodation related solely to removing architectural barriers to access and improving access for persons with mobility impairments, including but not limited to ramps and bathroom renovations. B. Home modification. The building permit fee shall be waived for all home modifications related to improving access for persons with mobility impairments, including but not limited to ramps and kitchen and bathroom renovations. C. New single-family home construction. The building permit fee shall be reduced by $300 for a new construction of single-family dwellings in which the applicant opts to incorporate the following universal design basic access features: (1) At least one stepless entrance to the dwelling (may be located anywhere: front, rear, side or even in the garage); (2) Wider doors on the first floor; (3) At least a half bath on the first floor that enables a wheelchair user to enter and close the door. In addition, having reinforcements between wall studs in bathrooms, or what is commonly called "blocking," allows for easier and safer installation of grab bars, if needed in the future for the home's occupants; (4) Bedroom located on the first floor or room-suitable flex room for living space for a person with mobility impairments. D. New two-family dwellings, multiple dwellings, apartments, condominiums and hotels. For new two-family dwellings, multiple dwellings, apartments, condominiums and hotels, the building permit fee shall be reduced by $300 if the dwelling units incorporate the following universal design basic access features: (1) At least one stepless entrance to the dwelling (may be located anywhere: front, rear, side or even in the garage); (2) Wider doors and hallways on the first floor; (3) At least a half bath on the first floor that enables a wheelchair user to enter and close the door. In addition, having reinforcements between wall studs in bathrooms, or what is commonly called "blocking," allows for easier and safer installation of grab bars, if needed; (4) Bedroom located on the first floor or room-suitable flex room for living space for a person with mobility impairments.
209:38 § 217-30 ARCHITECTURAL REVIEW § 217-32
§ 217-30. Priority review of building permit applications. The Building Department Administrator shall promulgate procedures for departmental review of applications for building permits related to design modifications and accessibility improvements which allow for priority review and expedited approval.
§ 217-31. Area variance exception requirements. The Building Department Administrator or his/her designee shall have the authority to approve the installation of design modifications and accessibility improvements as a temporary exception from any applicable front, side and rear lot setback or similar dimensional restrictions governing the maximum building area of a residentially zoned lot, without necessity of an application for an area variance from the Zoning Board of Appeals, subject to the following: A. The applicant presents documentation from a licensed medical professional declaring that one or more residents domiciled at a dwelling within the Town of Riverhead requires the construction at said domicile of design modifications and accessibility improvements to provide for access or egress aided by equipment requiring ramps or lifts;9 B. Such design modifications and accessibility improvements shall not be included in the floor area or impervious surface calculations applicable to the dwelling; C. Such design modifications and accessibility improvements do not project more than seven feet beyond the otherwise permissible building area on the front, side or rear of any dwelling; D. The construction of said facilities or improvements meets applicable American National Standards for Accessible and Usable Buildings and Facilities, as adopted by the New York State Building Code; E. In granting such exemption, the Building Administrator shall limit the duration of the exception to the time period specified by the licensed medical professional providing documentation for the home design modification and accessibility improvement. An extension of such duration may be permitted by presentation of further documentation from a medical professional addressing the continued need for the facility or improvement; F. The Building Department Administrator shall promulgate such rules, procedures, application forms and certificates as may be required to effectively implement the provisions of this section.
9. Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:39 § 217-32 RIVERHEAD CODE § 217-32
§ 217-32. Legislative authority. This Part 3 is enacted pursuant to New York State Town Law §§ 130 and 138.
209:40 § 217-33 ARCHITECTURAL REVIEW § 217-37
Part 4 [AdoptedUnsafe5-4-1982 Buildings,By StructuresL.L. No. 3-1982 And Dangerous; Amended ConditionsIn Its Entirety 9-1-2009 By L.L. No. 46-2009 (Ch. 54 Of The 1976 Code)]
ARTICLE IV Inspections, Violations and Repair
§ 217-33. Title. This Part 4 shall be known as the "Unsafe Buildings, Structures and Dangerous Conditions Law of the Town of Riverhead."
§ 217-34. Purpose. The purpose of this Part 4 is to promote the public health, safety and general welfare of the residents of the Town of Riverhead and the conservation of property and property values and to eliminate safety and health hazards.
§ 217-35. Unsafe buildings, structures and dangerous conditions on property prohibited. All buildings or structures and dangerous conditions on property which are structurally unsafe, dangerous, unsafe to the public by means of unsecured windows, doors or other openings allowing unauthorized access to the interior of the building or structure and access to a dangerous condition on the property and/or creating an attractive nuisance by reason of the accessibility, unsanitary or not provided with adequate egress or which in relation to the existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this Part 4, unsafe buildings or structures and/ or dangerous conditions on property. All such buildings and structures and/ or dangerous conditions on property are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation, boarding or other acceptable means of securing until repaired or demolished, or by demolition and removal in accordance with the procedures of this Part 4.
§ 217-36. Inspection and report. When, in the opinion of the Building Inspector or other duly authorized New York State Uniform Fire Prevention and Building Code Enforcement Officer (CEO), any building or structure and/or dangerous conditions located in the Town of Riverhead shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office and a copy with the Town Board. The Building Inspector or CEO shall take no further action except as provided in § 217-40 for a period of 10 business days.
§ 217-37. Service of notice.
209:41 § 217-37 RIVERHEAD CODE § 217-38
A. When it shall be determined by the Building Inspector or CEO that a building or structure or dangerous condition is unsafe to the public, he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such property or structure as hereinafter provided. B. The aforementioned notice shall be served on the owner of the premises or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector or CEO shall cause a copy of such notice to be posted on the premises.
§ 217-38. Contents of notice. The notice referred to in § 217-37 hereof shall contain the following: A. A description of the premises. B. A statement of the particulars in which the building or structure and/or dangerous condition on the property is unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. C. An order requiring the building or structure and/or condition to be made safe and secure or removed. D. A statement that the securing, removal, or remediation of the building or structure and/or condition existing on the property shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. The Building Inspector or CEO may extend the time of compliance specified in the notice where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector or CEO may impose such conditions as he may deem appropriate. E. A statement that, in the event of the neglect or refusal of the person served with notice to comply with same, a hearing will be held before the Riverhead Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 217-37 hereof. F. Unsecured windows, doors or other openings. (1) When a building or structure and/or condition on the property is determined by the Building Inspector or CEO to be unsafe to the public by reason of unsecured windows, doors or other openings allowing unauthorized access to the interior of the building or structure or unsafe to the public by reason of unsecured gates,
209:42 § 217-38 ARCHITECTURAL REVIEW § 217-39
fences or the lack thereof or creates an attractive nuisance by reason of the accessibility, a statement that notice of the adoption of a resolution requiring the boarding and/or securing of the unsafe structure may be served upon the owners of the property at which the condition exists by certified return-receipt mail, addressed to the last known address of said owners. (2) Failure to comply with notice to board and/or secure. Whenever a notice or notices referred to in Subsection F(1) of this section have been served and the owner shall neglect or fail to comply with such notice within 10 days of receipt thereof, the Town Board shall authorize the work to be done and shall provide for the cost thereof to be paid from the general Town funds as directed by resolution. (3) Manner of assessment of cost upon real property. In any case where it shall be necessary for the Town Board to have the work performed due to failure of the owner to comply with the Town Board's resolution, the Town shall be reimbursed for the cost of work performed or the services rendered at its direction by assessment or levy upon the lots or parcels of land where such work was performed or such services rendered. So much of the actual costs as were actually incurred upon each lot or parcel and the charge therefor shall be assessed and collected in the same manner and in the same time as other ad valorem Town charges. G. A statement that, in the event that the Town Board, after the hearing specified in Subsection E hereof, shall determine that the building or structure and/or dangerous condition on the property is unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, the Town Board may order the building or structure and/or condition on the property to be repaired, remediated and secured or taken down and removed. H. A statement that, in the event that the building or structure and/or dangerous condition on the property shall be determined by the Town to be unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment and in the event of the neglect or refusal of the owner to repair or remove the same within the time provided, the Town may remove such building or structure and/or dangerous condition by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, and/or remediate or secure the property such that the dangerous condition is not accessible to the public, against the land on which said buildings or structures or dangerous conditions on the property are located.
209:43 § 217-39 RIVERHEAD CODE § 217-41
§ 217-39. Filing of copy of notice. A copy of the notice referred to in § 217-38 hereof may be filed in the office of the County Clerk of the county within which such building or structure and/or dangerous condition on the property is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The Clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
§ 217-40. Emergency measures to vacate premises. If the Building Inspector or CEO determines in his inspection of any building or structure and/or dangerous condition on the property that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the building, structure, dangerous condition or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector or CEO. For this purpose, he may enter such building, structure, or land on which it stands or adjoining land or structure with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector or CEO shall cause to be posted at each entrance to such building or structure and/or property where a dangerous condition exists a notice stating "This building, structure and/ or condition on the property is unsafe and its use or occupancy has been prohibited by the Building Inspector or CEO." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or CEO or for any person to enter the building or structure and/ or property, except for the purpose of making the required repairs or the demolition thereof.
§ 217-41. Costs to be assessed and to constitute lien against premises. All costs and expenses incurred by the Town of Riverhead in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure and/or dangerous condition on the property shall be assessed against the land on which such building or structure and/or dangerous condition is located, and a statement of such expenses shall be presented
209:44 § 217-41 ARCHITECTURAL REVIEW § 217-42 to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector or CEO may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Riverhead.
§ 217-42. Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate additional offense or violation. B. Nothing in this Part 4 shall be construed as depriving the Town of any other available remedy relevant to a violation of this Part 4.
209:45
§ 217-43 ARCHITECTURAL REVIEW § 217-47
Part 5 [Adopted 7-30-1968 By L.L.Housing No. 1-1968 Standards(Ch. 68 Of The 1976 Code)]
ARTICLE V General Provisions
§ 217-43. Title. This Part 5 shall be known as the "Housing Code of the Town of Riverhead."
§ 217-44. Purpose. The purpose of this Part 5 is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the condition, occupancy and maintenance of residential premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
§ 217-45. Scope. This Part 5 shall apply to residential premises as follows: A. Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory structures are located. B. Residential buildings, including one- and two-family dwellings and multiple dwellings, except as specifically excluded in § 217-46. C. Residential occupancies in buildings of mixed occupancy. D. Accessory structures, accessory to residential occupancies.
§ 217-46. Nonapplicability. This Part 5 shall not apply to mobile homes and mobile home courts nor to transient-type occupancies and uses, including but not limited to nursing and convalescent homes, hotels, motels, tourist camps, farm and labor camps, travel trailers and trailer parks and other forms of temporary housing, nor to owner-occupied one-family dwellings.
§ 217-47. Conflict with other laws. A. The provisions of this Part 5 shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this Part 5, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance, code or regulation which is more restrictive or establishes a higher standard than that provided in this Part 5, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
209:47 § 217-47 RIVERHEAD CODE § 217-49
B. Where a provision of this Part 5 is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance or a regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
§ 217-48. Conformance with state requirements. [Amended 3-2-1993 by L.L. No. 3-1993] Installations, alterations and repairs to residential premises and materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and in conformity with applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof. Conformity of such work, materials, assemblies or equipment with the applicable requirements of the New York State Uniform Fire Prevention and Building Code shall be prima facie evidence that the same is reasonably safe to persons and property.
§ 217-49. Definitions. As used in this Part 5, the following terms shall have the meanings indicated: ACCESSORY STRUCTURE — A structure, the use of which is incidental to that of the residential building and which is located on the same premises. ACCESSORY USE — A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such accessory uses may include, among others, the following: offices for the building management; dining rooms, banquet rooms, public kitchens and ballrooms; recreation and play rooms; laundries for the use of tenants and occupants and in connection with the management and operation of a residential building; maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects; rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands; garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. APPROVED — Approved by the administrative officer under the requirements of this Part 5, or approved by an authority designated by law or this Part 5. BASEMENT — That space of a building that is partly below grade, which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. BATHROOM — Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. (See definition of "toilet room.")
209:48 § 217-49 ARCHITECTURAL REVIEW § 217-49
BUILDING — A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property. CELLAR — That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. DWELLING, ONE-FAMILY — A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY — A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT — One or more rooms with provision for living, cooking, sanitary, and sleeping facilities arranged for the use of one family. EXIT — A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes, and all other elements necessary for egress or escape. FAMILY — A household constituting a single housekeeping unit occupied by one or more persons. GENERALLY ACCEPTED STANDARD — A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. GRADE, FINISHED — Natural surface of the ground, or surface of the ground after completion of any change in contour, abutting a building or premises. HABITABLE SPACE — Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be habitable space. (See definition of "nonhabitable space," "public space" and "exit.") INFESTATION — The presence within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests. KITCHEN — Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food. KITCHENETTE — Space, less than 60 square feet in floor area, used for cooking or preparation of food. MIXED OCCUPANCY — Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MULTIPLE DWELLING — A building containing three or more dwelling units; a building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants; a building with sleeping accommodations for more than five persons, used or occupied as a club, dormitory, fraternity or sorority
209:49 § 217-49 RIVERHEAD CODE § 217-49 house or for similar uses; a building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See § 217-46 for certain multiple dwellings not within the scope of this Part 5.) MULTIPLE RESIDENCE — (See definition of "multiple dwelling.") MUNICIPALITY — A city, Town or village. NONHABITABLE SPACE — Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. (See definitions of "habitable space," "public space" and "exit.") PLUMBING SYSTEM — The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. POTABLE WATER — Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE — Space within a residential building for public use. SEWAGE — Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals. STRUCTURE — An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. TOILET ROOM — Enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. (See definition of "bathroom.") VENTILATION — Supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL — Ventilation by power-driven devices. VENTILATION, NATURAL — Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
209:50 § 217-50 ARCHITECTURAL REVIEW § 217-53
ARTICLE VI Space Requirements
§ 217-50. General requirements. A. Buildings occupied in whole or in part as defined in this Part 5 shall comply with the requirements hereinafter set forth concerning occupancy, size, light and ventilation in order to provide a safe and healthful environment. B. The term "accessory use" shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings.
§ 217-51. Occupancy classification of buildings.10 Buildings, for the purpose of this Part 5, shall be classified in respect to their occupancies as follows: A. One- and two-family dwellings, as defined in § 217-49 above. B. Multiple dwellings, as defined in § 217-49 above. C. Accessory structures, including garages, carports and similar-type structures on residential premises.
§ 217-52. Maximum occupancy. A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable rooms, other than kitchens, as follows: (1) One occupant per room having floor area of at least 80 but less than 120 square feet. (2) Two occupants per room having floor area of at least 120 but less than 180 square feet.
(3) Three occupants per room having floor area of 180 or more square feet. B. In buildings occupied as clubs, dormitories, sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area in square feet of the room divided by 50 square feet per occupant.
§ 217-53. Prohibited uses.
10.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:51 § 217-53 RIVERHEAD CODE § 217-54
A. It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. B. It shall be prohibited to use any cellar space as habitable space.
§ 217-54. Habitable space. A. Size. (1) Habitable space shall have a minimum ceiling height of seven feet eight inches over 50% of the floor area, and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area. (2) A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area and a minimum horizontal dimension of 10 feet. (3) Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain not less than 80 square feet of floor area and shall have a minimum horizontal dimension of seven feet. (4) Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured on the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more but less than the required area of a habitable room shall be separately lighted and ventilated as required for habitable space. B. Basements. Basements shall not be deemed habitable space where required windows are located only on one wall and the depth of the basement space exceeds four times its clear height.
C. Light and ventilation. (1) Habitable space shall be provided with natural light through one or more windows, skylights, transparent or translucent panels or any combinations thereof that face directly on legal open spaces at least six inches above the adjoining finished grade or which are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to 10% of the floor area of the habitable space. (2) Habitable space shall be provided with artificial light. (3) Habitable space shall be provided with natural ventilation through openable parts of windows or other openings in exterior walls that
209:52 § 217-54 ARCHITECTURAL REVIEW § 217-56
face legal open spaces above the adjoining finished grade or above a roof, or through openable parts of skylights, providing total clear ventilation area equal to not less than 5% of the total floor area of each habitable space. (4) Habitable space may also be provided with mechanical ventilation in addition to natural ventilation. D. Miscellaneous requirements. (1) Dwelling units shall be separated from each other and from other spaces outside the dwelling unit. (2) Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy.
§ 217-55. Public space. A. Height. Public space shall have a minimum height of seven feet six inches, measured from finished floor to finished ceiling. B. Light and ventilation. (1) Public spaces shall be provided with artificial light. (2) In public stairs, stairways and passageways, artificial light shall be electric lighting available at all times so as to afford safe passage for occupants and users. Such lighting shall conform to the following: (a) A sufficient number of fixtures shall be provided so that the distance between fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture. (b) Incandescent lighting shall be based on not less than 1/4 watt per square foot of floor area, except that each fixture shall have a lamp with a total of not less than 25 watts.
(c) Fluorescent lighting shall be based on not less than 1/10 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 15 watts. (d) Where under these formulas the calculated wattage does not correspond to that of a standard lamp, the next larger size shall be used. (3) Public spaces shall be provided with either natural ventilation, conforming to the requirements for habitable space, or mechanical ventilation.
§ 217-56. Nonhabitable space.
209:53 § 217-56 RIVERHEAD CODE § 217-58
A. Height. Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of seven feet, measured from floor to ceiling. B. Toilet rooms and bathrooms. (1) Toilet rooms and bathrooms in one- and two-family dwellings shall have provisions for privacy. (2) In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material. (3) In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof. Such waterproofing shall extend six inches or more above floors, except at doors, so that floors can be flushed or washed without leaking. C. Light and ventilation. (1) Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following: (a) Natural ventilation as required for habitable space, except that such openable areas shall be not less than 1 1/2 square feet for bathrooms and toilet rooms and not less than three square feet for kitchenettes. (b) Mechanical ventilation exhausting not less than 25 cubic feet per minute for bathrooms and toilet rooms and not less than 100 cubic feet per minute for kitchenettes. (2) Ventilation shall be provided in unheated attics, spaces below flat roofs and crawl spaces. Location and net areas of ventilation openings shall be such as to minimize deterioration of structural members from condensation or other causes, in conformity with generally accepted standards. (3) Spaces in multiple dwellings which contain central heat-producing, air-conditioning and other equipment shall be ventilated to the outer air, and air from these spaces shall not be recirculated to other parts of the building.
§ 217-57. Access and vertical travel between stories. A. Stairs, both interior and exterior, shall be of sufficient width, in conformity with generally accepted standards, so as to serve the occupants. B. Railings shall be provided on open portions of stairs, balconies, landings and stairwells.
§ 217-58. Exits.
209:54 § 217-58 ARCHITECTURAL REVIEW § 217-58
A. Safe, continuous and unobstructed exits shall be provided from the interior of the building to the exterior at street or grade level. B. Exits shall be arranged, constructed and proportioned so that occupants may escape safely from the building in case of emergency. C. In one- and two-family dwellings, in addition to a primary exit from the building, there shall be provided a secondary exit or, in lieu thereof, one or more exit openings for emergency use. D. In multiple dwellings, approved exits shall be provided.
209:55
§ 217-59 ARCHITECTURAL REVIEW § 217-61
ARTICLE VII Structural Requirements
§ 217-59. General requirements. A. Buildings and parts thereof shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject. B. Buildings shall be maintained so that loads are transmitted to the soil without undue differential settlement or unsafe deformation or movement of the building or of any structural part. C. Buildings shall be maintained so that protection is provided for all structural members which may become structurally unsound if left unprotected. Causes of such deterioration include, among others, action of freezing and thawing, dampness, corrosion, wetting and drying, termites and other destructive insects. D. Buildings built in soil which is water-bearing at any season of the year shall be maintained so that ground and surface water will not penetrate into habitable spaces, basements and cellars.
§ 217-60. Exterior protection. A. Foundation walls shall be maintained so as to be structurally sound and to prevent entrance of moisture, termites and vermin. Such protection shall consist of shoring where necessary, subsoil drains at footings, grouting of masonry cracks, waterproofing of walls and joists and other suitable means. B. Exterior walls and wall components shall be maintained so as to prevent deterioration due to the elements and destructive insects. Such maintenance shall consist of painting, installation or repair of walls, copings and flashings, waterproofing of joints, waterproof coatings, installation or repair of termite shields, poison treatment of soil and other suitable means.
C. Roofing shall be maintained in watertight condition so as to prevent leakage into the building. Such maintenance shall consist of repairs of roofing, flashings, waterproof coatings and other suitable means.
§ 217-61. Interior protection. A. Crawl spaces shall be maintained free of moisture, and the flow of air from such spaces into walls above shall be effectively barred so as to prevent deterioration of structural members. Such provisions shall consist of maintenance of openings in foundation walls to provide adequate circulation of air in the crawl space, covering the ground in the crawl space with a moisture barrier, installation of drains outside the structure if the crawl space is below surrounding grade, blocking openings in stud walls to prevent flow of air and moisture into walls,
209:57 § 217-61 RIVERHEAD CODE § 217-61
frequent destruction of termite tubes from the soil to wood floor members above, poison treatment of soil and other suitable means. B. Structural members shall be maintained so as to be structurally sound and to prevent leakage of gases into the structure. Such maintenance shall consist of clearing flue stoppages, sealing open joints, repairing masonry where necessary and other suitable means. C. Ceilings and walls shall be maintained so that parts which become loose or defective do not constitute a hazard to occupants. Such maintenance shall consist of removing and replacing loose or defective sections. D. Toilet room and bathroom floors shall be maintained so as to prevent leakage of water through the floor, under normal conditions of use and floor washing, and resultant deterioration or defects in structural members and ceilings below. Maintenance shall consist of repairs which effectively provide the moistureproof and waterproof qualities required for the particular floor.
209:58 § 217-62 ARCHITECTURAL REVIEW § 217-64
ARTICLE VIII Firesafety Requirements
§ 217-62. Prohibited accumulations and storage. It shall be prohibited: A. To accumulate or store on residential premises, except in approved locations, any highly flammable or explosive matter, such as paints, volatile oils, cleaning fluids and similar materials, or any combustible refuse liable to spontaneous combustion, such as wastepaper, boxes, rags or similar materials. B. To accumulate or store materials on fire escapes or stairs, in stairways or passageways, at doors or windows and in any other locations where in the event of fire such materials may obstruct egress of occupants or interfere with firefighting operations.
§ 217-63. Prevention of fire spread. A. Walls and ceilings shall be maintained free from cracks and openings which would permit flame or excessive heat to enter the concealed space. B. In buildings of mixed occupancy, nonresidential space shall be separated from residential space by approved fire separations which will retard the spread of fire. C. Garages in or attached to a residential building shall be separated from other spaces in the building by approved fire separations which will retard the spread of fire and prevent flammable or toxic vapors originating within the garage from being transmitted to other parts of the building.
§ 217-64. Fireplaces. A. Fireplaces and similar construction used or intended to be used for burning fuel in open fires shall be connected to approved chimneys and shall be installed so that nearby or adjacent combustible material and structural members shall not be heated to unsafe temperatures. B. Hearths and linings or other parts of fireplaces exposed directly to flame shall be of materials that will not melt, disintegrate, spall or shatter at high temperatures. C. Wood mantels and trim on fireplaces shall be placed and attached so that they cannot be heated to unsafe temperatures or ignited by sparks or embers from the fire.
209:59
§ 217-65 ARCHITECTURAL REVIEW § 217-66
ARTICLE IX Equipment Requirements
§ 217-65. General requirements. A. Plumbing, heating, electrical, ventilating, air-conditioning, refrigerating, cooking, fire-protection and radiation-production equipment, elevators, dumbwaiters, escalators and other mechanical additions, installations or systems for the use of the building shall be installed, located and maintained so that under normal conditions of use such equipment and systems will not be a danger to health or welfare, a danger because of structural defects or a source of ignition or a radiation hazard and will not create excessive noise or otherwise become a nuisance. Equipment and systems include but are not limited to apparatus, devices, fixtures, piping, pipe hangers, pipe covering, wiring, fittings, and materials used as part of or in connection with such installations. B. Equipment and systems subject to damage from freezing shall be adequately protected against freezing. C. Moving parts of equipment which may be a potential hazard shall be guarded to protect against accidental contact.
§ 217-66. Plumbing. A. General requirements. (1) Plumbing systems shall be maintained in sanitary and serviceable condition. (2) Plumbing systems shall be maintained so as not to weaken structural members nor cause damage to or deterioration of any part of the building through fixture usage. (3) In all new interior plumbing or in the replacement or modification of existing interior plumbing in structures located within the Town of Riverhead, the lead content in solder shall be limited to 0.20%, to be composed of 95% tin and 5% antimony. [Added 12-6-1983] B. Water supply. (1) Potable water from an approved source shall be available at all times in residential buildings. The domestic water supply system of the building shall be connected to such approved source and shall not be subjected to contamination. When supplied from a public source, the potable water supply system shall not be connected to private or unsafe water supplies. (2) Water supply systems shall be installed and maintained so as to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressure adequate
209:61 § 217-66 RIVERHEAD CODE § 217-66
to enable them to function satisfactorily and without undue noise under all normal conditions of use. (3) Water supply systems shall be installed and maintained so that water used for purposes of cooling or heating shall not be reintroduced into the domestic water supply system nor be distributed through such equipment to plumbing fixtures. C. Sewage drainage system. (1) Plumbing fixtures shall be drained to a sewage drainage system, and such system shall be connected to a public sewer or to an adequate and approved system of sewage disposal. (2) Where a public sewer is not available, a system shall be provided to receive and dispose of sewage without health hazard or nuisance. (3) Each fixture directly connected to the sewage drainage system shall be equipped with a water seal trap. (4) Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned. (5) The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspiration or pressure will not cause a loss of trap seal under ordinary conditions of use. (6) Each vent terminal to the outer air shall be installed and maintained so as to minimize the possibilities of clogging, frost closure, the return of foul air to the building or the creation of a nuisance to adjacent premises. D. Storm drainage. Roofs and paved areas, including yards and courts, shall be drained. Storm drainage shall be conveyed to an adequate and approved system of stormwater disposal where available. E. Plumbing facilities. (1) Buildings and portions thereof shall be provided with plumbing systems designed to dispose of the sewage from all fixtures and to furnish cold water to every water closet and urinal and hot and cold water to every sink, lavatory, bathtub and shower required therein. In multiple dwellings, hot water shall be furnished at a temperature range of 130° to 140° F. from 6:00 a.m. to 12:00 midnight. (2) There shall be provided within each dwelling unit plumbing fixtures consisting of at least: (a) One kitchen sink. (b) One water closet. (c) One bathtub or shower.
209:62 § 217-66 ARCHITECTURAL REVIEW § 217-68
(d) One lavatory. (3) Privies, privy vaults and outhouses shall be prohibited on residential premises.
§ 217-67. Fuel gas. A. General requirements. (1) Fuel gas piping systems shall be installed and maintained so as to remain gastight, safe and operative under conditions of use. (2) Fuel gas piping systems shall provide a supply of gas sufficient to meet the maximum expected demand of the installed gas-burning appliances connected thereto. B. Shutoff valve. (1) Gas piping systems shall have at least one accessible means for shutting off all gas supply, and such means shall be maintained in good operating condition. (2) An easily accessible shutoff valve or cock shall be provided in the piping in close proximity to and ahead of every outlet for a gas appliance.
§ 217-68. Heating. A. General requirements. (1) Residential buildings intended for occupancy between the first day of November and the first day of May of the following year shall be provided with heating equipment designed to maintain a temperature of not less than 70° F. at a distance of three feet and more from exterior walls and at a level of five feet above the floor in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality. (2) In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms at 70° F. when the outside temperature falls below 55° F. B. Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms. C. Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall be made with pipe or tubing of solid metal.
209:63 § 217-68 RIVERHEAD CODE § 217-68
D. Installation and clearance. Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation, clearance and the control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed a safe temperature. E. Air supply. (1) Direct-fired heat-producing equipment and the enclosure in which it is located shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure to prevent the accumulation of heat. (2) Rooms containing fuel-burning equipment shall have such air supply provided by means of one or more openings to the exterior or by means of fixed openings to interior spaces which open to the exterior. F. Removal of products of combustion. (1) Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall be prohibited. (2) Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent. (3) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of products of combustion into the space where the equipment is installed would be a hazard. G. Safety devices. (1) Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures. (2) Controls for the safe operation of automatically operated heat- producing equipment shall be provided to function as follows: When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off. When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate. When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off. When failure or interruption of pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to such pilot light and main burner shall be cut off. H. Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings shall be located in heater rooms, except that equipment burning gas or liquid fuel, located in the vehicle storage
209:64 § 217-68 ARCHITECTURAL REVIEW § 217-70
space, shall be permitted in stories at or above grade where elevated so as not to be exposed to possible accumulation of flammable gases.
§ 217-69. Chimneys, flues and gas vents. A. General requirements. (1) Chimneys, flues, gas vents and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling. (2) Such facilities shall effectively convey the products of combustion to the outer air. (3) Masonry chimneys, except approved prefabricated chimneys, shall have noncombustible foundations. (4) Flue linings shall be capable of withstanding the action of flue gas without softening, cracking, corroding or spalling at the temperature to which they will be subjected. (5) Openings for smoke pipe or gas vent connections shall be provided with means for easy connection without restriction of flue. (6) No flue shall have smoke pipe or gas vent connections in more than one story of a building. (7) Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the same flue. B. Firesafety. Chimneys, flues and gas vents shall be installed and maintained so that under conditions of use the temperature of any combustible material adjacent thereto, insulated therefrom or in contact therewith does not exceed a safe temperature.
§ 217-70. Electrical. A. General requirements. (1) Electrical wiring and equipment shall be installed in conformity with generally accepted standards and maintained so as not to be a potential source of ignition of combustible material or a potential source of electrical hazard. (2) Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted. (3) Electrical wiring and equipment installed in damp or wet locations or where exposed to explosive or flammable gases or to excessive temperatures shall be of a type approved for the purpose and location.
209:65 § 217-70 RIVERHEAD CODE § 217-71
(4) Electrical wiring and equipment shall be protected against excessive current by properly rated overcurrent devices. (5) Electrical wiring and equipment shall be grounded or otherwise protected by insulation, isolation or guarding so as to minimize the danger or high voltages from lightning or other causes. (6) Electrical equipment which in ordinary operation produces arcs or sparks shall be enclosed unless separated and isolated from all combustible material. (7) Service equipment and overcurrent protection devices shall be installed and maintained in a readily accessible location. B. Artificial lighting. (1) Residential buildings and occupancies shall be wired for electricity, and lighting equipment shall be installed throughout to provide adequate illumination for the intended use of each space. Electric wiring systems shall be connected to an adequate source of supply. (2) There shall be a switch or other means for controlling a light in each dwelling unit near the point of entrance to such unit. C. Exit and directional signs. (1) Exits in multiple dwellings shall be provided with exit and directional signs visible from the approach to the exits, except that such signs shall not be required in those portions of a building which contain dwelling units only or in which exits from sleeping rooms are directly to the outside. (2) Directional signs shall be provided at locations from which the exit doorway is not readily discernible. (3) Such signs shall be worded in plainly legible block letters, with the word "EXIT" for exit signs and the words "TO EXIT" with a suitable pointer or arrow indicating the direction of exit for directional signs. Letters for signs shall be conspicuous, readily discernible and at least six inches high, except that, for internally illuminated signs, the height of such letters shall be at least 4 1/2 inches. (4) Exit and directional signs shall be illuminated either externally or internally by electric lights and shall be kept illuminated at all times when the building is occupied.
§ 217-71. Cooking and refrigeration. A. Each dwelling unit shall be provided with appropriate cooking and refrigeration equipment. B. Cooking and refrigeration equipment shall be maintained in good operating condition.
209:66 § 217-71 ARCHITECTURAL REVIEW § 217-73
C. Gas-burning cooking equipment shall be permanently fastened and connected in place. Gas supply connection to such equipment shall be made with pipe or tubing of solid metal. D. Solid-fuel-burning cooking equipment shall be appropriately vented.
§ 217-72. Fuel oil. A. General requirements. Fuel oil shall be received, stored and conveyed by means of fixed liquidtight equipment. B. Storage tanks. (1) Tanks shall be provided with means for venting. (2) Tanks shall be installed and maintained so as not to be a hazard to the premises served or the surrounding property. C. Piping. (1) Automatically operated boilers and furnaces using fuel oil shall be provided with remote control to stop the flow of oil during fire or other emergency. (2) Filling, emptying and venting of tanks shall be by means of fixed piping. Pipes to underground tanks shall be pitched toward tanks. Terminals of fill and vent pipes shall be located outside buildings at a safe distance from building openings.
§ 217-73. Fire protection in multiple dwellings. A. Fire alarm systems. Required fire alarm systems shall be maintained in proper operating condition at all times. B. Sprinkler equipment. (1) Required sprinkler equipment shall be maintained in proper operating condition at all times. Storage of materials shall cause minimum interference to the effective discharge of water.
(2) Valves controlling water supply to sprinklers shall be secure in the open position. (3) Sprinkler heads shall be maintained free of corrosion and paint. C. Portable extinguishers. (1) Each oil burner for boiler, furnace or central hot-water heater shall be provided with an approved hand fire extinguisher or two rounded-bottom pails filled with sand. (2) Portable extinguishers required for fire protection shall be in their designated locations and in a condition which will permit efficient operation without delay.
209:67
§ 217-74 ARCHITECTURAL REVIEW § 217-77
ARTICLE X Property Maintenance Requirements
§ 217-74. General requirements. Residential premises shall be maintained in conformity with the provisions of this Part 5 so as to assure the desirable residential character of the property.
§ 217-75. Open areas. A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary. B. Fences and other minor constructions shall be maintained in safe and substantial condition. C. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. D. Yards and courts shall be kept clean and free of physical hazards. E. Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
§ 217-76. Buildings and structures. A. Exterior wood surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative. B. Floors, walls, ceilings, furnishings and fixtures of residential buildings shall be maintained in clean and sanitary condition.
C. Accessory structures shall be maintained so as to be free from conditions detrimental to safety or health.
§ 217-77. Infestation and screening. A. Grounds, buildings and structures shall be maintained free from insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform to generally accepted practice. B. Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable materials.
209:69 § 217-77 RIVERHEAD CODE § 217-78
C. From May 1 to October 1, entrances to residential buildings shall be provided with self-closing-type devices or screens, and windows and other openings used for ventilation shall be appropriately screened. Screens shall not be required in rooms located sufficiently high in the upper stories of multiple dwellings as to be free from mosquitoes, flies and other flying insects.
§ 217-78. Garbage and refuse. A. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse. B. In multiple dwellings, it shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.
209:70 § 217-79 ARCHITECTURAL REVIEW § 217-80
ARTICLE XI Responsibilities of Owners and Occupants
§ 217-79. Responsibilities of owners. A. Owners of premises shall be responsible for compliance with the housing standards set forth in this Part 5 and shall be responsible therefor regardless of the fact that this Part 5 may also place certain responsibilities on operators and occupants and regardless of any agreement between owners and occupants or operators as to which party shall assume such responsibility. B. Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply in multiple dwellings.
§ 217-80. Responsibilities of occupants. A. Occupants of dwelling units shall be responsible for compliance with housing standards as set forth in this Part 5 with respect to the following: (1) Maximum occupancy, as provided by § 217-52. (2) Prohibited uses, as provided by § 217-53. (3) Prohibited accumulations and storage, as provided by § 217-62. (4) General property maintenance requirements, as provided by § 217-74. (5) Property maintenance requirements as to open spaces, as provided by § 217-75D and E, except in cases of multiple dwellings. (6) Property maintenance requirements as provided in § 217-76B, except in multiple dwellings, only as to the area under the immediate control of the occupant.
(7) Property maintenance requirements as to infestation and screening, as provided by § 217-77, except that the owner shall provide required screens. (8) Property maintenance requirements as to garbage and refuse, as provided by § 217-78. B. Occupants of dwelling units shall be responsible for compliance with housing standards as set forth herein in regard to any violation thereof caused by the willful, intentional or negligent act of any such occupant or any member of his family or any of his guests, except reasonable wear and tear.
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§ 217-81 ARCHITECTURAL REVIEW § 217-86
ARTICLE XII Enforcement
§ 217-81. Enforcement officers. This Part 5 shall be enforced by the Building Inspector, his assistants and authorized representatives or by any person designated specifically for the purpose by the Town Board.
§ 217-82. Right of entry. To enforce the provisions of this Part 5, enforcing officers shall have the right of access to and entry upon and into private property or any building covered by this Part 5 or reasonably believed to be covered by this Part 5, but no such entry shall be made by an enforcing officer into a private building over the objection of the occupant thereof or in his absence.
§ 217-83. Notice of violation. [Amended 8-21-1979] Whenever the enforcing officer determines there is or has been a violation of this Part 5, or has reasonable grounds to believe there is or has been a violation of this Part 5, he shall give notice of violation to the owner of the subject premises, and in the cases where it appears to the enforcing officer that the provisions of § 217-80 apply, he shall also give notice of violation to the occupant of the premises. Such notice may be in the form of an appearance ticket.
§ 217-84. Contents of notice. [Amended 8-21-1979] The notice of violation shall be in writing and shall specify the violation alleged to have been committed and the name of each person to whom addressed. It may specify the steps to be taken to effect compliance and may set a reasonable time, not less than 10 nor more than 30 days after issuance, for the person given such notice to effect compliance. It shall, in any event, specify a date, time and place for the person given notice to appear before a court of competent jurisdiction to be formally charged with the violation set forth in the notice and to be arraigned thereon. In the event that the notice contains a statement of a reasonable time for compliance, the date set for appearance in court shall be subsequent to the final date for compliance.
§ 217-85. Effect of compliance. If the notice contains a statement of a reasonable time for the person given notice to comply, and if the person given notice does comply within the time stated and the enforcing officer endorses a statement of the fact of compliance on the notice and signs the same, no further proceedings shall be had in the case.
209:73 § 217-86 RIVERHEAD CODE § 217-89
§ 217-86. Service of notice. Notice of violation shall be served by personal delivery of a true copy thereof to the person to whom addressed or by delivery of such copy to a person of suitable age and discretion who either resides with the person to whom addressed at his residence or is employed at the place of business of the person to whom addressed at his place of business. Such notice may in any event be served, if addressed to the owner of property, by posting a copy thereof in a conspicuous place on the subject premises and by mailing a true copy, by registered mail, return receipt requested, to the said owner at the address of the subject premises and to the address of the owner as it appears in the latest tax roll of the Town, or, if addressed to the occupant of the premises, by posting a copy thereof in a conspicuous place on the subject premises and by mailing a true copy, by registered mail, return receipt requested, to said occupant at the address of the subject premises. An owner may designate an address to which notices hereunder are to be sent and file the same with the Building Inspector, in which case service by registered mail, return receipt requested, to such designated address shall be sufficient.
§ 217-87. Demolition as compliance. The demolition of a building in accordance with law shall be deemed compliance.
§ 217-88. Extension of time for compliance. In any case where a time for compliance has been fixed, the person or body fixing such time may extend the time for compliance upon a determination that there is evidence of complying within the time as extended.
§ 217-89. Records. The Building Inspector shall keep a record in his office of all notices of violation issued. Such records shall be open to public inspection, and copies thereof shall be supplied to the public upon request and payment of a fee of $1 per page.11
11.Editor's Note: Original Ch. 68, Art. IX, Board of Housing Appeals, of the 1976 Code, which immediately followed this article, was repealed 5-4-1982 by L.L. No. 4-1982. 209:74 § 217-90 ARCHITECTURAL REVIEW § 217-92
ARTICLE XIII Street Address Numbers [Added 7-6-1999 by L.L. No. 7-1999]
§ 217-90. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section: FRONT or FRONTAGE — That side of a lot or parcel of land which abuts or faces the street or, in the case of corner lots or lots having streets on more than one side, the side or boundary of the lot which the main doorway of the building faces, or, in the case of lots served by an access strip or common driveway, "frontage" shall be where the access or driveway enters the public street. MAP — The map or maps promulgated by the Town Assessor's office for the assigning of street address numbers to all of the parcels in the Town required to have such numbers pursuant to this Part 5. OWNER — Any person or persons, natural or corporate, who are vested with fee simple title or a life estate to a parcel of land or portion thereof or who are responsible for the care, maintenance and payment of charges or levies of the property. STREET — Any public or private right-of-way or thoroughfare utilized for vehicular traffic within the corporate limits of theown. T
§ 217-91. Legislative intent. It is the purpose of this article to establish a uniform street numbering system for all land parcels within the Town and to require the position of such assigned numbers to the exclusion of all others in order to give each land parcel an exclusive and readily locatable address. While it is intended primarily to assure the quick and certain response of police, fire, ambulance and other emergency services to their desired destination, the establishment of this uniform numbering system will also assist social, postal and commercial agencies, as well as residents and visitors, who will also be able to ensure that they and their goods and services arrive or are delivered in a prompt and efficient manner.
§ 217-92. Numbering system established. A. There is hereby established a uniform street address numbering system for all land parcels in the Town in accordance with the maps promulgated by and on file with the office of the Town Assessor and the Town Planner. The Town Planner shall prepare such maps based upon the Suffolk County Tax Map system as directed by the Town Board. The Planner shall use a uniform system for the assignment of street address numbers to all land parcels within the Town and shall correct and update the maps recording such numbers as necessary to keep the numbering system uniform, accurate and universal.
209:75 § 217-92 RIVERHEAD CODE § 217-94
B. Application may be made to the Planner to change or modify assigned street address numbers due to an error in the original assignment of the number or where there is a conflict or dispute as to the proper number to be assigned to any land parcel for other good cause. Such application shall be on a form prepared by the Planner. The application shall state the reason for the change in numbering and how the new numbering will be consistent with the numbering system in place. The Planner shall determine the number of such parcel, which decision shall be final. C. In establishing the aforesaid street address numbering system, the Planner may also assign names to private roads or rights-of-way providing access to subdivided lands which are unnamed on the Suffolk County Tax Maps. The Planner, in naming such private road or right-of- way, shall take into account the name historically used by the residents, but in no case shall a road name be duplicated in the applicable fire district. Applications to change or modify the name of a private road or right-of-way may be made to the Planner in the same form and manner as provided in Subsection B. The naming of the private road or right-of- way by the Planner shall not be construed to be an acceptance of said road or right-of-way into the Town highway system.
§ 217-93. Posting of numbers. A. Any owner of an improved land parcel in the Town of Riverhead for which a street address number has been established on the map pursuant to § 217-92 shall conspicuously post and display said number in the manner set forth in § 217-94. B. For new construction, the street address number shall be posted and displayed within five days of the issuance of a building permit. No certificate of occupancy or compliance shall be issued unless and until the street address number is posted and displayed in accordance with the provisions of this Part 5. Development applications made to the Building Department, Planning Board, Zoning Board of Appeals or Conservation Board shall indicate street address numbers as a condition of approval of the final map. The final map shall be referred to the Planner to verify the proposed numbering system. C. It shall be unlawful to post or maintain any number on any construction site or completed building other than the street address number designated by the Town Planning Department pursuant to § 217-92.
§ 217-94. Display of numbers; style and size. A. Manner of display. (1) During construction period. The owner of a land parcel for which a building permit has been issued shall have the street address number displayed on a sign or post located at the front of the property.
209:76 § 217-94 ARCHITECTURAL REVIEW § 217-97
(2) Existing and newly completed buildings. The owner of an existing building or newly completed building shall have the street address number displayed by permanently affixing or painting numerals to the front of the building. Where the building is not close enough to the street or is not readily visible from the street, the street address number shall be permanently affixed to a sign, post or mailbox located at the front of the parcel or lot where the building is situate. B. Style and size of numbers. The numerals used to display the street address number of the building shall be painted on a plaque or the front of the building or made of metal or other durable material. The numerals shall be Arabic numerals or alphabet letters, a minimum of four inches high, with a minimum stroke width of 0.5 inch, and of contrasting color. All street numbers shall be displayed so as to be easily seen from the street by both pedestrians and drivers of vehicles.12
§ 217-95. Tax bill; compliance deadline. A. The street address number assigned to a land parcel in the Town pursuant to § 217-92 shall be indicated on the property tax bill applicable to said parcel. B. The deadline for compliance with this article shall be September 1, 1999.
§ 217-96. Enforcement.13 This article shall be enforced by the provisions of the Municipal Home Rule Law, the Building Inspector, any Town code enforcement official who is certified as provided by Title 19 NYCRR Part 434, any peace officer when acting pursuant to his or her special duties, any police officer in the employ of or under contract to the Town and any other individual duly authorized by a Town Board resolution.
§ 217-97. Penalties for offenses. Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or imprisonment not exceeding 15 days, or both such fine and imprisonment.
12.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 13.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:77
§ 217-98 ARCHITECTURAL REVIEW § 217-101
ARTICLE XIV Designation of Unfit Dwelling Units
§ 217-98. Defects constituting unfitness. Any dwelling unit, rooming house or rooming unit having any of the defects set forth below may be designated by the Building Inspector as unfit for human habitation and may be so placarded: A. The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public. B. The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public. C. The structure, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. D. The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this Part 5, is unfit for human habitation.
§ 217-99. Notice of intent to vacate. Whenever the Building Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in § 217-98, he may include such finding within the notice of violation provided for in § 217-84 of this Part 5. He may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violation is not secured within the time specified.
§ 217-100. Order to vacate. Whenever a notice of violation, as provided in § 217-99 of this Part 5, has not been complied with, the Building Inspector may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in § 217-86 of this Part 5.
§ 217-101. Vacating of unfit dwelling. Any dwelling, dwelling unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 217-98 and ordered to be vacated as provided in § 217-100 shall be vacated within such reasonable time as the Building Inspector may specify in the order. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation
209:79 § 217-101 RIVERHEAD CODE § 217-103 nor placard removed until written approval is secured from the Building Inspector.
§ 217-102. Removal of placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in § 217-101.
§ 217-103. Vacated dwelling to be made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public.
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ARTICLE XV Penalties
§ 217-104. Penalties for offenses. [Amended 8-21-1979; 6-7-2016 by L.L. No. 18-2016; 1-17-2018 by L.L. No. 1-2018] A. Except as provided in § 217-97 for violations of Article XIII of this Part 5, a violation of any provision or requirement of this Part 5 shall be deemed a violation punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. B. Except where a time for compliance may have been set in a notice of violation, each week's violation shall be deemed a separate offense. C. Civil penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction, violations of this Part 5; and any other remedies which the Town Attorney may deem necessary and proper. [Amended 1-17-2017 by L.L. No. 1-2018] (1) Any person found to have violated any of the provisions of this Part 5 shall be subject to a civil penalty. (2) Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this Part 5 shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law for a violation of this Part 5. (3) Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in each and every fifteen-day period. (4) All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectible by a tax assessment against the property on which said violation occurred. (5) Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law.
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There is no requirement of notice prior to the commencement of a civil action. (6) Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. (7) Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case no longer than 15 days for each civil action filed.
§ 217-105. Eviction; damages. An occupant who is primarily responsible for a violation as provided by § 217-80 and who fails to comply with a notice of violation or an order addressed to and served upon him within the time stated therein for compliance, in addition to the penalties set forth in § 217-104, shall be subject to eviction and the payment of damages to the owner in any action brought therefor by the owner. Damages in such case shall be the expense of effecting compliance in addition to damages equivalent to those which would be awarded for breach of the agreement of lease.
§ 217-106. Reduction of rent; damages. An owner who is primarily responsible for a violation hereunder and who fails to comply with a notice of violation or an order addressed to and served upon him within the time stated therein for compliance, in addition to the penalties set forth in § 217-104, shall be subject to a reduction of rent and the payment of damages to the occupant in an action brought therefor by the occupant. Damages in such case shall be the expense of effecting compliance actually paid by the occupant. Reduction of rent shall be in an amount fixed by the court in addition to damages and shall continue until compliance is established to the satisfaction of the court. No action shall lie against any occupant for breach of any lease agreement if the occupant vacates the subject premises under the circumstances set forth in this section.
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Part 6 [Adopted 9-5-2018BlightedBy PropertyL.L. No. 19-2018]
ARTICLE XVI Intent and Applicability
§ 217-107. Legislative intent. It is the intention of the Riverhead Town Board to protect the public health, safety 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 Part 6 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 Part 6 shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this Part 6 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 county 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.
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§ 217-109 ARCHITECTURAL REVIEW § 217-109
ARTICLE XVII Definitions
§ 217-109. Definitions. For purposes of this Part 6, the following words shall have the following meanings: BLIGHTED PROPERTY — An improved or vacant property which meets or exceeds a point value of 100 points as set forth within Article XVIII of this chapter. BLIGHTED PROPERTY INVENTORY LIST — A list containing properties within the Town which possess an accumulation of blight conditions equaling or exceeding a point value of 100 points. CODE ENFORCEMENT OFFICIAL — An official charged with the enforcement and/or administration of this Part 6. DEFACEMENT — 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 — Extreme disrepair such that a structure or dwelling unit or commercial space is unfit or unsafe for habitation or occupancy. GRAFFITI — Any inscription, mark or design which has been written, etched, scratched, painted or drawn or otherwise visible upon a premises. JUNKED VEHICLE — An unregistered motor vehicle not suitable for operation. LEGAL OCCUPANCY — 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 — 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 — A legal and binding agreement between the Town and a given property owner, wherein said property owner proposes to complete specific repairs and/or improvements in order to resolve conditions existing on his or her property 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 full exemption from the annual registration fee outlined in § 217-112D. The AICP Building and Planning Administrator shall have the authority, on behalf of the Town, to execute such restoration agreement.
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UNIT — Any space 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. VACANT — A period of 60 days or longer during which a building or structure, or part thereof, or land is not legally occupied. VACANT PARCEL — A parcel of land with no structure(s) thereon.
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ARTICLE XVIII Identification and Enforcement
§ 217-110. Blighted property designation; exemptions. A. Blighted property. The following conditions shall be factors in evaluating whether or not a property is designated as a blighted property: (1) A determination a Code Enforcement Official, whether within the Building Department, Engineering Department, Fire Marshal's Office, or Town Attorney's Investigation Unit, that the property is in a condition which poses a serious threat to the safety, health, and or general welfare of the community, or the building or premises has any or all of the conditions or defects set forth in Section [A] 108.1.5 entitled, "Dangerous structure or premises" of the International Property Maintenance Code of New York State. (75 points). [Amended 2-20-2019 by L.L. No. 6-2019] (2) 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) (3) The property has attracted or been an instrument of illegal, noxious or deleterious activity as defined in Chapter 251, Article II, Public Nuisances, and/or in common law. (50 points) (4) A determination has been made by the Fire Marshal that the conditions upon the property constitute a fire hazard. (50 points) (5) The property is creating a substantial interference with the lawful use and/or enjoyment of other space within a structure/building or within the surrounding neighborhood. (50 points) (6) There has been a cessation of normal construction of any building or structure for a period of more than two years. (50 points) [Added 2-20-2019 by L.L. No. 6-201914] (7) The structure or building has been boarded for beyond one year (unless approved by the building code official having jurisdiction). (50 points). [Added 2-20-2019 by L.L. No. 6-2019] (8) The property is determined to be unmaintained based upon evidence of the persistent and continued existence of the following deleterious conditions: (a) Boarded windows, doors, entryways or exits. (5 points) (b) Broken or unsecured windows. (10 points) (c) Broken or unsecured doors, entryways or exits. (10 points)
14.Editor's Note: This local law also redesignated former Subsection A(6) as Subsection A(8). 209:87 § 217-110 RIVERHEAD CODE § 217-110
(d) Excessive litter or debris. (10 points) (e) Overgrown grass at least 10 inches or higher or other overgrown vegetation or shrubbery. (10 points) (f) More than one unregistered motor vehicle. (10 points) (See § 289-59B.) (g) Broken, unsecured or in disrepair: [1] Roof. (10 points) [2] Gutters. (5 points) [3] Siding/shingles. (10 points) [4] Chimney. (10 points) [5] Shutters. (5 points) [6] Accessory structures including but not limited to: decks, sheds, porches, pools, pool houses or cabanas, garages, carports, storage units, front and rear porches, outside statuary, fish ponds. (15 points) (h) Storage of junk vehicles. (15 points) (i) Damaged, unsightly, unsecured or unpermitted signage or awnings. (15 points) (j) Presence of graffiti. (10 points) (k) Broken, unsecured or in-disrepair fencing. (10 points) (l) Broken, unsecured or in-disrepair outdoor lighting fixtures. (5 points) (m) Broken, exposed or hazardously utilized electrical wires, electrical equipment or extension cords. (15 points) (n) Unfinished construction. (20 points) (o) Damaged, dead or fallen trees or limbs. (10 points) (p) Evidence of fire damage to the property which has not been repaired or restored. (10 points) (q) Peeling or deteriorated paint. (5 points) (r) Presence of stagnant water. (10 points) (s) Open or unsecured wells, cesspools or cisterns. (15 points) (t) Presence of vermin, rodent harborage and infestation. (30 points)
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(u) Presence of any violation identified within this Part 6. (20 points) (v) Presence within/upon an outdoor area of the improper storage of: [1] Refrigerator, washing machine, sink, stove, heater, boiler, tank, other household appliances, boxes or indoor furniture for a period in excess of 72 consecutive hours. (10 points) [2] Lumber, construction materials, dirt, debris, trash, garbage or uncovered refuse cans, accumulated refuse or garbage in covered refuse cans which is not timely or properly disposed of. (10 points) B. Outdoor storage exemptions. (1) Machinery installed within the rear setback areas for household or recreational use. (2) The presence of refuse 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 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 structure. 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 209:89 § 217-112 RIVERHEAD CODE § 217-113
address of the blighted property, the specific nature of the blight, a copy of this Part 6, 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 establishing the property does not constitute a blighted property, said annual registration fee shall be added to the property tax bill for the premises after 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 30 days from the date of notice absent proof to the contrary the following registration fees shall be imposed: (1) A registration fee of $5,000 shall be added to the tax bill for any commercial building or property. (2) A registration fee of $2,500 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 fund, with the intent of financing the own'sT 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 definite 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 full exemption from the annual registration fee(s). E. Penalties for noncompliance with restoration agreement terms. Any property owner who does not complete the repairs and/or
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improvements outlined in a restoration agreement within the established timeline will be subject to the actions described in § 217-112.
§ 217-114. Incentives. Any entity and/or individual that purchases a property 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-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 through 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 property owner/ developer submits an application with the Town of Riverhead Building Department. "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 funds 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
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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 Part 6 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 by the Town Board as a "blighted property" and placed upon the Blighted Property Inventory List wherein blighted conditions continue to persist, following a public hearing and 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.
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Chapter 229
EXCAVATION AND GRADING
GENERAL REFERENCES
Highways, streets and sidewalks — See Ch. 237.
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§ 229-1 ARCHITECTURAL REVIEW § 229-2
ARTICLE I Excavation [Adopted 1-5-1965 by Ord. No. 31; amended in its entirety 11-20-2007 by L.L. No. 36-2007 (Ch. 62 of the 1976 Code)]
§ 229-1. Declaration of policy. It is hereby declared to be the policy of the Town of Riverhead to promote the health, safety and welfare of the residents of the Town of Riverhead by preventing improper excavation and/or exportation and/or importation of material as defined in this article which would create undesirable conditions or environmental harm to properties and resources within the Town. In addition, it is the policy of the Town of Riverhead to protect the Town's highways and roadways from damage caused by the transportation of large volumes of material over those highways and roadways when such material is legally excavated, exported or imported to or from sites within the Town.
§ 229-2. Definitions. As used in this article, the following terms shall have the meanings hereinafter designated: EXCAVATION — The extraction, removal or stripping of material from the ground or the breaking of the surface soil in order to facilitate or accomplish the removal, extraction or stripping of material. EXPORTATION — The act of causing materials as defined in this article to be removed from a parcel of real property located within the Town of Riverhead and transported to another parcel of real property located either inside or outside of the Town of Riverhead. GRADE — The degree of rise or descent of a sloping surface.[Added 7-16-2013 by L.L. No. 10-2013] IMPORTATION — The act of causing materials as defined in this article to be brought to a parcel of real property located within the Town of Riverhead, which materials originated from another parcel of real property located either inside or outside of the Town of Riverhead. MATERIAL — Topsoil, loam, earth, sand, gravel, and other material such as wood, stumps, or timber in its natural or reprocessed state.[Amended 7-16-2013 by L.L. No. 10-2013] NATURAL DRAINAGE — The stormwater runoff resulting from topographical and geographical conditions prior to changing the grade by any method, including but not limited to exportation, importation or grading of the land or portion thereof.[Added 7-16-2013 by L.L. No. 10-2013] NATURAL GRADE — The elevation of the ground surface in its natural state before alteration.[Added 7-16-2013 by L.L. No. 10-2013] NATURAL WATERSHED — An area of land which, in its natural state and prior to any change, including but not limited to exportation, importation
209:95 § 229-2 RIVERHEAD CODE § 229-3 or grading, and due to its topography and geography, drains to a particular location within that area.[Added 7-16-2013 by L.L. No. 10-2013] SAFE ANGLE OF REPOSE — The final angle of a slope as determined by combining the natural angle of repose of the material of the slope with a planting of vegetation having a proper root growth to protect such slope.
§ 229-3. Application for permit. A. The owner, lessee or agent of the premises shall obtain a Chapter 229, Article I, permit or certificate of exemption prior to the excavation, exportation or importation of material as defined in this article. The owner, lessee or agent of the premises shall obtain a Chapter 229, Article I, permit or certificate of exemption pursuant to § 229-4 of this article from the Town Board of the Town of Riverhead, except applicants seeking to excavate, export or import material related to a proposed site plan or subdivision shall be required to obtain final approval for the site plan or subdivision together with a building permit and/or foundation permit prior to application for a permit under this article. Note: A permit or certificate of exemption shall not entitle the applicant to clear or grade without obtaining approvals required under § 301-303B and D and/or Chapter 229, Article II. For that purpose, such owner, lessee or agent shall file with the Building Department of the Town of Riverhead a verified application, in duplicate, for such permit or request for exemption containing a detailed statement of the proposed work, together with a plan prepared by a duly licensed engineer or land surveyor of the State of New York or a plot plan reviewed and approved by Natural Resources Conservation Service or Suffolk County Soil and Water Conservation for agricultural production as defined in § 301-3 or such other activities that may qualify for a certificate of exemption, setting forth in detail or including the following information: [Amended 11-17-2009 by L.L. No. 61-2009; 7-16-2013 by L.L. No. 10-2013] (1) A detailed statement of the proposed work and three-dimensional extent of the proposed excavation, exportation or importation and exact condition of the plot or premises before the work proposed to be accomplished under the requested permit is commenced, and proposed condition of said plot or premises when the work is completed. (2) An estimate of the total number of cubic feet of material proposed to be excavated, exported or imported from or to the property during the term of the permit, prepared by a licensed engineer. (3) The elevations of all abutting properties to the extent necessary to indicate the existing drainage condition where the same affects the subject property. (4) A duly acknowledged consent, in writing, of the owner of the premises and mortgagee, if any, including his or their addresses.
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(5) Receipted tax bills or a certificate from the Receiver of Taxes of the Town of Riverhead and the County Treasurer of Suffolk County, showing payment of all taxes or assessments to date against the property described in the application. (6) A certificate from the Commissioner of Public Works of the municipalities whose highways abut the site of operation, to the effect that the proposed excavation, exportation or importation shown on the plan will not endanger such highways. (7) A certificate from the Commissioner of Agriculture and Markets of the State of New York or his duly appointed agent or representative, stating that any material as defined in this article to be taken in the area described in the application is apparently free from golden nematode of potato. (8) The purpose of the proposed excavation, exportation or importation. (9) The existing and the theoretical maximum groundwater level at the location. (10) The procedures whereby dust or other fugitive or windborne material shall be controlled. (11) The excavation, exportation or importation of material shall be implemented in a manner that achieves a harmonious balance between the existing topography of the site and the authorized activity specified in the permit. It shall be a violation of this article for an applicant to excavate, export, or import more material than authorized in the permit or that which is necessary to achieve the desired improvement. (12) An applicant for residential, commercial and/or industrial subdivision approval or site plan approval shall submit an estimate of the volume of materials to be excavated, exported or imported as certified by a professional engineer, to either the Planning Board or Town Board. The estimate of the volume of materials shall be noted on the approved site plan or subdivision map. Note: As stated above, applicants seeking to excavate, export or import material related to a proposed site plan or subdivision shall be required to obtain final approval for the site plan or subdivision together with a building permit and/or foundation permit prior to application for a permit under this article. In addition, the Town may limit a permit for projects to be constructed or improved in phases or capable of phased construction or improvement such that the activities permitted under this article run concurrent with the phased construction or improvement. B. After reviewing the application, the Town Board may require additional information or waive any of the foregoing requirements where deemed necessary. Upon warranted circumstances, the Town Board or its
209:97 § 229-3 RIVERHEAD CODE § 229-4
designee reserves the right to require an applicant to submit imported material for testing to determine its physical and/or chemical composition consistent with the declaration of policy pursuant to § 229-1 contained in this article. All costs associated with testing the imported material shall be borne by the applicant pursuant to procedures to be determined by the Town Board or its permit shall be issued pursuant to this section unless the applicant has first obtained site plan approval from the Planning Board pursuant to § 301-303 of the Riverhead Town Code. C. The Town Board shall require that a monitor be employed during the term of the permit to ensure compliance with the terms of the permit. The monitor shall be selected by the Town Board, and the cost of the monitor shall be paid for by the applicant. (1) The monitor shall keep a daily log of all material excavated, exported and/or imported for the subject site. The daily log shall include the number of vehicles and the yardage of material excavated, imported or exported. The license plate number of each vehicle carrying material coming into and leaving the subject site shall be recorded in the monitor's daily log together with the approximate yardage of material carried by the vehicle. (2) The monitor shall provide a weekly report to the Town Board, the Town-designated engineer and the Building Inspector, regarding the progress of the work on the subject property. The report shall include copies of the daily log kept by the monitor. The report shall also include an estimate by the monitor as to the percentage of the work completed pursuant to the permit at the time of the report. (3) Should the monitor determine that the work being completed pursuant to the permit will exceed the limits of the permit or that any other violations of the conditions of the permit or the Riverhead Town Code are occurring, the monitor shall have an obligation to immediately notify the Town Board, the Town-designated engineer and the Building Inspector. (4) At the discretion of the Town Board, the requirement that a monitor be employed as set forth herein may be waived.
§ 229-4. Exempt premises; qualifications for certificate of exemption. [Amended 11-17-2009 by L.L. No. 61-2009; 7-16-2013 by L.L. No. 10-2013] A. The following uses and operations by an owner or lessee of premises or by his agent are exempt from the provisions of this article: (1) An owner or lessee engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and § 301-3 of the Town Code, on lands which qualify for an agricultural assessment, pursuant to Article 25-AA of the Agriculture and
209:98 § 229-4 ARCHITECTURAL REVIEW § 229-4
Markets Law, seeking to remove soil, provided that the removal of soil 1) shall be limited to that amount of material necessary to plant or harvest crops; and 2) shall not change the natural grade or slope and/or natural drainage existing on the subject property prior to the above-described activity. As provisions set forth in Chapter 201 and Chapter 301 of the Town Code make clear that preservation of prime agricultural soils is an important goal of the Town of Riverhead and removal of soils may threaten the long- term agricultural viability of the land, except as set forth above, the exportation of material will not be exempt from the provisions of this article. (2) An owner or lessee engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and § 301-3 of the Town Code, on lands which qualify for an agricultural assessment, pursuant to Article 25-AA of the Agriculture and Markets Law, seeking to import material shall be exempt from this article, provided that: (a) The importation of material shall be limited to that amount of material necessary to plant or condition/fertilize so as to enrich soils and restore the opportunity for improved plant growth; (b) The importation of material shall not change the natural grade or slope and/or natural drainage existing on the subject property prior to the above-described activity; (c) Material imported shall not exceed 3,000 cubic yards per year; (d) The importation shall be limited to material defined as "organic material" pursuant to NYS DEC Regulations Part 360(3); (e) The material shall be ground to a size less than six inches in length by two inches in width or chipped to a size of two inches; (f) The material shall not include material containing wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles; and (g) The material shall not be offered for sale but instead must be used on site. (3) An owner or lessee of improved residential property seeking to import material shall be exempt from this article, provided that: (a) The importation of material shall be limited to that amount of material necessary to plant or condition/fertilize lawn and planting; (b) The importation of material shall not change the grade or slope such that the natural drainage existing on the subject property prior to the above-described activity is altered;
209:99 § 229-4 RIVERHEAD CODE § 229-4
(c) Material imported shall not exceed 1,000 cubic yards per year; (d) The importation shall be limited to material defined as "organic material" pursuant to NYS DEC Regulations Part 360(3); (e) The material shall be ground to a size less than three inches in length by two inches in width or chipped to a size of two inches; (f) The material shall not include material containing wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles; and (g) The material shall not be offered for sale but instead must be used and incorporated into the lawn or planting areas. B. The following uses and operations by an owner or lessee of premises or by his agent qualify for an exemption from the provisions of this article such that an applicant may obtain a certificate of exemption from the Town Board: (1) An applicant may qualify for a certificate of exemption for excavation by dredging operations within existing navigable waters upon demonstration of approval by appropriate town, county, state or federal agencies or departments. (2) Importation of materials. (a) An applicant may qualify for a certificate for exemption for importation of materials as defined in this article, provided that such importation is necessary for the purpose of operating, maintaining, or establishing an agricultural operation as defined in § 301-3 and subject to the following conditions: [1] An owner or lessee is engaged in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law and § 301-3 of the Town Code, on lands which qualify for an agricultural assessment pursuant to Article 25-AA of the Agriculture and Markets Law; [2] The importation of material shall not change the grade or slope such that the natural drainage existing on the subject property prior to the above-described activity is altered; [3] The importation of material shall be limited to that amount of material necessary to plant or condition/fertilize so as to enrich soils and restore the opportunity for improved plant growth; [4] Material shall not exceed 10,000 cubic yards per year;
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[5] The importation shall be limited to material defined as "organic material" pursuant to NYS DEC Regulations Part 360; [6] The material shall be ground to a size less than six inches in length by two inches in width or chipped to a size of two inches; [7] The material shall not include material containing wood creosote, coal tar creosote, coal tar, coal tar pitch and coal tar pitch volatiles; [8] A detailed statement of the proposed work and three- dimensional extent of the proposed importation and exact condition of the plot or premises before the work proposed to be accomplished under the requested permit is commenced and the proposed condition of said plot or premises when the work is completed; [9] A detailed statement from NYS Agriculture and Markets, Suffolk County Soil Conservation or NRCS; and [10] The material, in its natural or reprocessed state, shall not be offered for sale but instead must be used on site. (b) Note, as set forth in Subsection A(1), preservation of prime agricultural soils is an important goal of the Town of Riverhead and removal of soils may threaten the long-term agricultural viability of the land, and the exportation of material will not be eligible for a certificate of exemption. C. The following uses and operations by an owner or lessee of premises or by his agent qualify for an exemption from the provisions of this article such that an applicant may obtain a certificate of exemption from the Building Administrator: (1) An applicant may qualify for a certificate of exemption for importation, excavation or exportation of material as defined in this article when such importation, excavation or exportation is necessary for the construction of a single-family residence and accessory uses related to single-family residences subject to an applicant obtaining permit approval, pursuant to Chapter 217, Parts 1 and 2, from the Building Department for such residence or accessory uses, upon submission of a copy of the building permit and survey indicating the amount of material imported, excavated or exported required for said construction. (2) An applicant may qualify for a certificate of exemption for the excavation or exportation of material, as defined in this article, for soil borings, provided that the material excavated or exported is limited to the amount required to obtain the boring sample.
209:101 § 229-5 RIVERHEAD CODE § 229-7.1
§ 229-5. Plan for reclamation. A. Each application must include a reclamation plan, which may be referred by the Town Board to the Planning Board for its review and recommendations. In its review, the Planning Board may require of the applicant additional data or information bearing upon and relating to the following: (1) A Comprehensive Plan for the rehabilitation of the entire area in which the applicant proposes to conduct excavation, exportation or importation operations; it is intended that the plan include not only that site on which operations will be conducted during the year of the permit applied for, but all the area susceptible to and available to the applicant for excavation, exportation or importation operations in the future, as well as any portion of the area where excavations were performed prior to the date of this enactment. The proposed plan of rehabilitation shall set forth the ultimate contour and grade of the area upon completion of excavation, exportation or importation operations, describing the area, including berm and slope areas, to be refilled, if any, topsoiled, seeded, shrubbed or otherwise landscaped, and shall specify the amount and extent thereof to be performed on or before the expiration of the permit applied for. When applicable, such plan of rehabilitation must provide as the minimum that where partial rehabilitation is planned for the area, it shall bear a proportionate relationship to the estimated number of years of excavation operations contemplated. B. Before a permit will be issued, a reclamation plan must be approved by the Town Board of the Town of Riverhead.
§ 229-6. Denial or suspension of permit. The Town Board may deny any application for a permit hereunder if it shall find that the proposed excavation, exportation or importation will violate any of the provisions of this article, and either the Town Board or the Building Inspector may revoke or suspend any permit issued hereunder if it shall find that the excavation, exportation or importation of material as defined in this article thereunder violates any of such provisions.
§ 229-7. Stripping and removal of material. No excavation, exportation or importation of material as defined in this article shall be made within 10 feet of any property line, and upon completion of the work, the premises, if below grade, shall be graded to the level of the abutting highway or the original grade if the same was below the level of the highway. Dust-down or its equal shall be spread to prevent dust from flying, and there shall be left upon the surface of the land from which material was excavated, exported or imported not less than six inches of topsoil.
209:102 § 229-7.1 ARCHITECTURAL REVIEW § 229-9
§ 229-7.1. Open excavations and piles of material. [Added 11-4-2015 by L.L. No. 21-2015] It shall be unlawful for any person or business entity to leave, cause, permit and/or maintain an open excavation or pile of fill or other material, in connection with the removal of trees or other vegetation, or the installation, repair or maintenance of drainage structures, sewage systems, utility work, foundation or other below-grade construction, in an unsecured, or dangerous, or hazardous condition or place. Such excavation or pile shall be effectively and properly fenced, shored or barricaded to prevent the creation and/or maintenance of an unsafe or hazardous condition while work is being performed, and such conditions shall be remedied as soon as practicable as the work is completed.
§ 229-8. Irrevocable letter of credit. A. Before the issuance of a permit, the applicant and the owner of record of the premises shall execute and file with the Town Clerk an irrevocable letter of credit approved by the Town Board of the Town of Riverhead, in an amount to be fixed by said Board based upon the estimated cost of the activity at the site. The amount of the performance security to be posted shall be determined by the Town's designated professional engineer. Further, commencement of work on the site in accordance with the permit issued shall constitute an agreement by the permittee to indemnify the Town of Riverhead for any damage to Town property. B. In the event of a violation of any of the provisions of the permit, such irrevocable letter of credit shall be forfeited to the Town of Riverhead. (1) The Town Board shall authorize the return of the letter of credit upon receipt of a letter from a licensed engineer certifying that the excavation, exportation or importation was completed in accordance with the permit and approved site plan. Specifically, the engineer shall certify that the total amount of material excavated, exported or imported from or to the site was less than or equal to the amount specified in the permit. Should the engineer determine that the amount of material excavated, exported or imported from or to the premises was in excess of that allowed in the permit, the applicant will be required to pay an amount equal to triple the otherwise applicable fee for the additional yardage excavated, exported or imported, together with the fines imposed for violations of this article.
§ 229-9. Fees. The Town Board or its designee shall charge and collect the following fees for excavation, exportation or importation pursuant to approved site plans, grading plans and realty subdivisions as required by Chapter 301, Zoning and Land Development. The officer designated by the Town Board to issue such permits shall charge and collect for each such permit a fee as follows.
209:103 § 229-9 RIVERHEAD CODE § 229-10
All fees are due and owing and shall be paid at the time of issuance of the permit. Premises that qualify for one or more of the delineated exemptions in § 229-4 shall not be assessed any fees pursuant to this section. A. For residential, commercial and industrial subdivision, site plans or grading plans, a fee shall be imposed in the amount of $2 per cubic yard for all material removed from or returned to the site in accordance with Town requirements for drainage, parking and other Town-required improvements and also for any and all purposes and improvements other than those required for compliance with Town requirements. The determination of the fee to be paid shall be made by the Town Board or the Planning Board or their designee subsequent to a review of the estimate submitted.
§ 229-10. Penalties for offenses. For any and every violation of the provisions of this article, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of the premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of the premises in which part said violation has been committed or shall exist, and the general agent, architect, engineer, surveyor, building contractor or any other person who knowingly permits, takes part in or assists in any such violation or who maintains any premises in which any such violation shall exist shall be guilty of an offense against this article. Offenses set forth herein shall be punishable by a fine of not more than $2,000. Each day's continued violation shall constitute a separate, additional violation of this article.
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ARTICLE II Grading [Adopted 5-16-1978 (Ch. 63 of the 1976 Code)]
§ 229-11. Purpose. It is the purpose of this article to regulate and control the regrading of land throughout the Town in all use district classifications in order to prevent serious and irreparable damage to our natural resources, to minimize and retard the erosive effects of wind and water, to prevent the depreciation of property values, to prevent the removal of lateral support for abutting streets, lands and structures, to prevent damage to natural watersheds, to provide adequate drainage for surface water runoff and, in general, to protect the health, welfare and safety of the residents of the Town.
§ 229-12. Word usage; definitions. A. Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein: DRAINAGE FACILITIES — Includes gutters, swales, pipes, conduits and superstructures for the collection and conducting of stormwater to an adequate facility for the storage and disposal of the stormwater. GROUNDWATER TABLE — The elevation of the top of the water stored in the highest aquifer in the subsoils, at the location of the proposed structure, including but not limited to so-called "perched water," except that where it is demonstrated that removal of the impervious layer underlying the perched water will substantially lower the level of the water, the lower water surface shall be considered the groundwater table. In locations where the groundwater is subject to tidal action, the mean high elevation of the groundwater surface shall be considered the groundwater table. HABITABLE — The habitable portion of a building is any enclosed area, including cellars and basements, except the following: (1) Those areas which are used primarily for storage, repair or access of vehicles and which contain no electrical, mechanical or heating equipment lower than 12 inches above the floor. (2) Crawl spaces not exceeding four feet in height in which no electrical or mechanical equipment is or is to be installed. LATERAL SUPPORT — The resistance to active horizontal pressure of soils provided by either the passive pressure of the adjoining soils or by a retaining wall or structure. 209:105 § 229-12 RIVERHEAD CODE § 229-13
NATURAL DRAINAGE — The stormwater runoff resulting from topographical and geographical surface conditions prior to clearing, regrading or construction. NATURAL WATERSHED — An area of land which, in its natural state and prior to any man-made change and due to its topography and geography, drains to a particular location within that area. ONE-HUNDRED-YEAR-FLOOD LEVEL — The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year), as said level is shown on the Flood Insurance Rate Maps set forth in Chapter 233, Flood Damage Prevention, § 233-6, and on file with the Town Clerk and Engineering Department of the Town of Riverhead.15 REGRADE — To change the elevation of the ground surface, either temporarily or permanently. STABILIZATION — Treatment of subsoils to increase ability to resist lateral pressures and/or treatment of surface to resist wind and water erosion. STORMWATER RUNOFF — The amount of rainwater which, due to topographical surface conditions and geology of the upstream land, drains to a particular location, or the rate at which the rainfall passes through a particular location.
§ 229-13. Minimum standards. The following standards for the development of land or the regrading thereof, or both, shall apply in all use district classifications as set forth in Chapter 301 of the Code of the Town of Riverhead. In all use district classifications wherein site plan review and approval is required, the site plan submitted shall indicate compliance with the following standards. In all other use district classifications, the procedure required by § 229-14 of this article shall be followed. A. Stormwater runoff or natural drainage shall not be diverted so as to overload existing drainage systems, create flooding, cause erosion or the need for additional drainage facilities on other private or public real property. B. Adequate drainage facilities for stormwater runoff shall be provided. C. Proposed slope embankments along adjoining property lines and street frontages shall have a slope not steeper than one foot on three feet 33 1/3% unless an adequate stabilization or retaining wall is provided as approved by the Planning Board. All slopes shall be adequately stabilized with topsoil and seeding or other approved planting.
15.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:106 § 229-13 ARCHITECTURAL REVIEW § 229-15
D. The finished grade at a point not less than 10 feet from the building shall be at least one foot below the lowest exterior opening in the foundation of the habitable portion of the structure, except that the finished grade may be no less than six inches at a point no less than 10 feet opposite open porches, patios and pedestrian ramps. E. Floor elevation. Floor elevations shall comply with the requirements of Chapter 233, Flood Damage Prevention, of the Town of Riverhead Code.16 F. Front and rear yards shall have a grade of not more than 5% for a distance of 25 feet as measured in a horizontal plane from the structure. Side yards shall have a grade of not more than 10% for a distance of 10 feet as measured in a horizontal plane from the structure. All finished grades within 10 feet of the building shall pitch away from the building at a grade rate of not less than 2%. G. Where roof runoff from any building or structure will produce erosion or drainage problems with respect to adjoining properties, dry wells of adequate capacity shall be installed as an outfall for rainfall roof runoff. H. The driveway apron shall be at least one foot below the garage floor unless natural topography dictates grading away from the street and protective grading is provided for in the construction of the driveway with respect to adjoining structures and property. I. Notwithstanding the foregoing provisions of this section, the appropriate board may waive or modify compliance with any of the foregoing minimum standards, subject to appropriate conditions, as in its judgment are not warranted by the special circumstances of any application or matter before it or required in the interest of the public health, safety and welfare.
§ 229-14. Referral of building permit and certificate of occupancy applications. All applications for a building permit and a certificate of occupancy shall be referred to the Building Inspector or Zoning Administrator for their review and approval pursuant to this article. The Building Inspector or Zoning Administrator may approve, disapprove or approve with modifications the application for a building permit and/or a certificate of occupancy and specify his reasons for taking such action based upon the standards set forth in § 229-13. The applicant may be required to submit a topographical survey prepared by a registered land surveyor or registered professional engineer showing the existing topography, proposed regrading plan, test borings and the proposed structure or other on-site improvements in sufficient detail along with any other information which may be required to determine compliance with this article.
16.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:107 § 229-15 RIVERHEAD CODE § 229-15
§ 229-15. Penalties for offenses. A. No persons shall regrade or cause to be regraded any property which when regraded shall be in violation of the standards set forth in § 229-13 of this article. Any person violating this section shall be guilty of an offense punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed six months, or both. B. No person shall erect or alter any building or structure which violates or causes a violation of the minimum standards specified in § 229-13 of this article. Any person violating this section shall be guilty of an offense punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed six months, or both.
209:108 § 229-15 ARCHITECTURAL REVIEW § 229-15
Chapter 237
HIGHWAYS, STREETS AND SIDEWALKS
GENERAL REFERENCES
Excavation and grading — See Ch. 229. Vehicles, traffic and parking regulations — See Ch. 289.
209:109
§ 237-1 ARCHITECTURAL REVIEW § 237-2
ARTICLE I Title and Purpose
§ 237-1. Title. This chapter shall be known as the "Town of Riverhead Highways, Streets and Sidewalks Local Law."
§ 237-2. Purpose. The purpose of this chapter is to regulate the excavation of highways, streets and sidewalks within the Town of Riverhead, damage to roadway surfaces, deposit or encumbrance of roadways and sidewalks, and regulation and removal of snow and ice so as to minimize disruption of traffic flow and, in general, to promote the health, safety and welfare of the public.
209:111
§ 237-3 ARCHITECTURAL REVIEW § 237-4
ARTICLE II Alterations and Excavations
§ 237-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: EXCAVATION — Any trench, hole, pit, side hill cut, stripping or other alteration of the highway, street or sidewalk for the purpose of installing public or private water, sewer and other utility lines underground and for the erection of poles. HIGHWAY — All roads and highways owned by the Town of Riverhead. PERMITTEE — Any person that has been granted a permit under this chapter. PERSON — Any individual, firm, partnership, trust, corporation, company, association or organization. SLEEVES — An opening under the road of approximately two inches in diameter and two feet in depth to allow the installation of the line across the highway. SUPERINTENDENT OF HIGHWAYS — The duly elected Superintendent of Highways of the Town of Riverhead.
§ 237-4. Permit procedures. A. No person may excavate or alter the highways, streets, or sidewalks in the Town of Riverhead without obtaining a permit from the Superintendent of Highways. B. Applications. (1) Applications for permits may be obtained from the office of the Superintendent of Highways and shall specify the following information:
(a) The name and address of the applicant. (b) The location of the proposed project. (c) A suitable map and plan showing the project site, including roadway, curb, shoulder, sidewalk, property line and the distances to the nearest cross streets and proposed work to be performed at the project site. (2) A fee of $200 must accompany an application for a road opening permit. If the applicant requires an extension of time to complete the proposed work and restore the project site, the applicant must file an application for an extension of time to complete work authorized under the original permit, together with a fee of $50.
209:113 § 237-4 RIVERHEAD CODE § 237-5
(3) The fees for a permit and a fee for a permit seeking an extension of time to complete work authorized in the original permit as set forth above may be reviewed and revised at any time by the Town Board. C. Acceptance of the permit shall constitute an agreement that the permit holder will hold the Town of Riverhead and its authorized representatives harmless for any injury, damage or any other liability arising as a result of the granting of this permit. D. A permit granted under this chapter shall not be assigned or transferred without the written consent of the Superintendent of Highways. E. The permittee shall give the Superintendent of Highways one week's notice prior to the commencement of the work, which shall begin within 60 days of the issuance of the permit and be completed as expeditiously thereafter as possible but in no event shall exceed six months from the start date. F. A certified check or performance bond in the minimum amount of $250 shall be tendered as security when the application for the permit is submitted to insure the completion of the work in accordance with the provisions of this chapter and within a reasonable period of time. The Superintendent of Highways shall determine the amount of the performance bond based upon the scope of the proposed work at the project site. The permittee shall guarantee workmanship, materials and maintenance of the restoration work for a period of one year from the date of the return of the security. G. A certificate of insurance for liability limits of not less than $100,000 combined single limit or $250,000/$500,000 bodily injury and $1,000,000 property damage, including coverage for explosion, underground and collapse, shall accompany the application for a permit.
§ 237-5. Rules and regulations. A. It shall be the responsibility of the permittee to contact LIPA, Cablevision and the like to provide mark-outs for display at and around the project site. B. It shall be the permittee's sole responsibility to appropriately safeguard the site at all times to protect the public. C. Sleeves shall be driven under the highway for all highway crossings unless written permission to cross in an alternate fashion is given by the Superintendent of Highways. D. Pavement openings may be permitted at the option of the Superintendent of Highways upon a written request.
209:114 § 237-5 ARCHITECTURAL REVIEW § 237-7
E. Trenches shall be a minimum of six inches in width and shall be sufficiently tamped to the existing roadbed with a minimum of two inches of asphaltic concrete. F. Fill shall be tamped to the roadbed as replaced, and the roadbed shall be restored to its original condition. G. The Superintendent of Highways may revoke or suspend a permit where he finds that the work is not being performed in accordance with the provision of the application of this chapter. H. In the event of an emergency condition arising as a result of work performed under a permit, the Highway Department shall make any necessary repairs to the site at the expense of the permittee.
§ 237-6. Nontransferability of permit. No permit issued hereunder shall be transferred to another person or entity.
§ 237-7. Penalties for offenses. A violation of this article shall be an offense punishable by a fine not exceeding $500 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
209:115
§ 237-8 ARCHITECTURAL REVIEW § 237-9
ARTICLE III Damage to Surfaces
§ 237-8. Depositing dirt or damage to surface. Whoever shall enter upon a public road or highway in the Town of Riverhead with any implement or machine for the purpose of using said road or highway as an area upon which to reverse the direction of operation of such implement or machine and thereby cause damage to the surface of such road or highway or deposit dirt (other than that carried by a tire or wheel of said implement or machine) in sufficient quantity as to create a danger to the public shall be guilty of a misdemeanor.
§ 237-9. Penalties for offenses. A violation of this article shall be punishable by a fine not to exceed $250.
209:117
§ 237-10 ARCHITECTURAL REVIEW § 237-12
ARTICLE IV Obstructions [Amended 4-18-2017 by L.L. No. 7-2017; 4-3-2018 by L.L. No. 6-2018]
§ 237-10. Snow and ice removal for commercial premises; sidewalk maintenance. A. It shall be the duty of all owners, occupants or persons charged with control of stores, shops and other commercial premises, including churches, any public building or vacant lots located within any business, commercial or industrial zone, during the winter season or during the time of snow to keep and maintain the sidewalks adjacent thereto free from obstruction by snow or ice and icy conditions, and shall at all times keep the sidewalk in good and safe repair and maintain it in a clean condition, free from filth, dirt, weeds or other obstructions or encumbrances. B. In addition to the duties set forth in § 237-10A, all owners, occupants or persons charged with control of stores, shops and other commercial premises, including churches, any public building or vacant lots located within any business, commercial or industrial zone, shall provide snow and ice removal in the immediate area surrounding any bus shelter, be it located on or fronting said property, as part of and in conjunction with its obligation to maintain its sidewalks free of snow. The duty to remove snow and ice from the immediate area surrounding any bus shelter shall include the area between the sidewalk and bus shelter so persons may safely gain access from the sidewalk to the bus shelter.
§ 237-11. Snow and ice removal for residential premises; sidewalk maintenance. It shall be the duty of all owners or occupants of any house and any owner or person entitled to possession of any vacant lot within a residential zone, during the winter season or during the time of snow, to keep and maintain the sidewalks adjacent thereto free from obstruction by snow or ice and icy conditions, and shall at all times keep the sidewalk in good and safe repair and maintain it in a clean condition, free from filth, dirt, weeds or other obstructions or encumbrances. Snow and ice shall be removed within 24 hours after snow has ceased to fall, except all owners or occupants of property located within 1/2 mile of any school shall be required to maintain the sidewalks adjacent thereto free from obstruction by snow, ice and icy conditions at all times school is open. In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified above, be strewn and kept strewn with sand or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice, and other materials strewn thereon, as provided in this article.
209:119 § 237-12 RIVERHEAD CODE § 237-13.1
§ 237-12. Depositing of snow prohibited. No person shall shovel, plow or otherwise deposit snow onto any sidewalk, street, public place or shovel, plow or deposit snow on property owned by any other person or entity in the Town of Riverhead.
§ 237-13. Deposits, obstructions and encumbrances prohibited on sidewalks, streets and public places; exceptions. No person shall do or cause to be done any act or thing which shall cause or contribute to a condition in, within or upon any street, highway, sidewalk or other public way which shall be dangerous to the health, safety or welfare of persons using the same or impair the public use thereof or obstruct or tend to obstruct or render the same dangerous for passage, including, but not limited to, the deposit of snow onto any roadway; deposit of dirt, filth, waste, or rubbish; display of merchandise, signs, boxes or material things of any kind; and encumbering thereof by an encroachment of buildings, structures, excavation without or in violation of a road opening permit or otherwise. Nothing contained in this section shall prevent persons from placing goods, wares, merchandise or household furniture on a sidewalk temporarily while loading or unloading it if it is done without unnecessary delay and if such goods, wares or merchandise are not allowed or permitted to remain on the sidewalk for a longer period than one hour.
§ 237-13.1. Penalties for offenses. Each violation of this article shall be punishable as follows: A. For the first offense, no less than $250 but no more than $2,500. Each day (twenty-four-hour period) any and all violations defined herein in this article continue to exist shall constitute a separate additional offense subject to the penalty provisions in § 237-13.1B and C as applicable. B. For the second offense, no less than $750 but no more than $2,500. C. For the third offense or subsequent offense, all of which are committed within a period of 30 days, no less than $1,000 but no more than $2,500.
209:120 § 237-14 ARCHITECTURAL REVIEW § 237-16
ARTICLE V Timely Removal of Damaged Utility Poles on Town Highways [Added 8-17-2010 by L.L. No. 21-2010]
§ 237-14. Findings; purpose. A. The Riverhead Town Board hereby finds and determines that utility companies are frequently required to replace damaged utility poles. B. The Riverhead Town Board also finds that this process often involves the installation of a new pole directly next to or in close proximity to the damaged pole, a practice known in the industry as a "double wood." C. The Riverhead Town Board further determines that double woods should be in place only temporarily to allow the various utility companies a reasonable amount of time to move their equipment to the new pole. D. The Riverhead Town Board determines that, increasingly, double woods are being left in place for long periods of time, sometimes for several years. E. The Riverhead Town Board also finds and determines that double woods have proliferated to the point where there are now hundreds, if not thousands, of aesthetically unpleasant damaged poles lining the Town's roadways. F. The Riverhead Town Board determines that, in addition to being eyesores, damaged poles left standing for unreasonably long periods of time pose a serious threat to the safety of Town of Riverhead residents. G. Therefore, the purpose of this article is to incorporate into the Town of Riverhead Highway Department utility pole permitting process a requirement that damaged poles be removed in a timely manner and to authorize penalties against utilities when they fail to comply with this permit requirement or when they fail to remove existing, damaged poles in violation of this article.
§ 237-15. Definitions. As used in this article, the following terms shall have the meanings indicated: DOUBLE WOOD — A new utility pole that is attached, or placed in close proximity, to a damaged utility pole. PLANT — The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service. PUBLIC UTILITY — Any corporation, authority or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Riverhead.
209:121 § 237-16 RIVERHEAD CODE § 237-18
§ 237-16. Permit provisions. The Town of Riverhead Highway Department shall include in all permits for the installation of utility poles on Town highways the following provisions: A. The permittee shall have 90 days to remove a damaged pole following the installation of a new pole. B. If a damaged pole remains as part of a double wood after the ninety-day period has expired, the Town of Riverhead Highway Department shall notify the permittee that the damaged pole must be removed within 60 days of receipt of the notice or a penalty will be imposed. C. If a damaged pole remains as part of a double wood 60 days after the Town's notification, the permittee shall be assessed a penalty of $250 for each day the damaged pole is left standing.
§ 237-17. Compliance procedures; inspections; enforcement. A. The Highway Department Superintendent shall determine procedures for compliance with the provisions of this article. B. The Highway Department Superintendent or designee shall also be responsible for undertaking the inspections to determine compliance and certification and filing the necessary documentation. C. The provisions of this article shall be enforced by the Building Inspector, the Building and Planning Administrator, Ordinance Inspector, Town Investigator, Senior Town Investigator and by the police officers of the Town of Riverhead, who shall be authorized to issue summonses to violators at the site of the violation. If the owner of the property on which the violation exists cannot be personally served at the time of the issuance of the summons, the summons shall be served upon the owner by certified mail, return receipt requested, addressed to the owner or its designated managing agent at the address listed in the property tax rolls as the address of the property owner.17
§ 237-18. Penalties for offenses. A. Each day's continued violation shall constitute a separate, additional violation. B. A violation of this article shall be punishable by a fine not to exceed $250. C. Any public utility that violates this law and fails to remove their double wood or plant from a damaged pole within 60 days of receiving notification shall be subject to a civil penalty not to exceed $250 for
17.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:122 § 237-18 ARCHITECTURAL REVIEW § 237-19
each such violation. Each day that the violation continues shall be deemed a separate violation. D. If a public utility violates the provisions of this article and fails to remove the double wood or plant from a damaged pole in accordance with the provisions of this article, the Town Attorney, upon authorization from the Town Board, may commence an action in the name of the Town of Riverhead in a court of competent jurisdiction for necessary relief, which may include imposition of civil penalties as authorized by this article, in order to remove the double wood or plant from a damaged utility pole and/or to remove the damaged pole, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin a dangerous condition from existing on a Town highway.
§ 237-19. Applicability; construal of provisions. A. Scope. This article shall apply to all utility poles located within the Town of Riverhead, whether or not the use and installation thereof shall be permitted under applicable regulations. B. This article shall apply to all utility pole permits issued by the Town of Riverhead Highway Department and shall apply to existing double wood on or after the effective date of this article. C. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this article 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 county or state laws and regulations. In case of conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this article does not make legal any action or state of facts that is otherwise illegal under any other applicable legislation.
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§ 237-20 ARCHITECTURAL REVIEW § 237-21
ARTICLE VI Highways by Use (Highway Law § 189) [Added 8-4-2015 by L.L. No. 13-2015]
§ 237-20. Findings; legislative intent. A. Since the founding of the Town of Riverhead in 1792, various highways have been created and constructed. Many of the original highways began as dirt paths over which the public traversed. In the 1800s, the New York State Legislature established a provision in the Highway Law, which has been carried forward and is now contained in § 189, Highways by use, of the New York State Highway Law. B. The Legislature has determined that any highway that has been utilized by the public for a period of 10 years or more and over which the local authority has exercised some degree of control in the form of maintenance shall be deemed a highway by use under the provisions of § 189 of the Highway Law. Once determined to be a § 189 highway, the right of the public to traverse the area is made permanent. The local municipality acquires a surface easement for the length and width of the existing highway, which has been utilized in the manner set forth above. C. Within the past 10 years, the Town Board of the Town of Riverhead has determined by resolution certain highways to be Town highways. Approximately 10 years ago, the Town Board commissioned a staff study of all the remaining highways in the Town that were not formally dedicated Town highways, not previously determined to be § 189 highways, but upon which the Town performed any maintenance services. The staff presented their study to the Town Board, and in December 2004, 74 roads were made part of the Town highway system. D. The Town Board has been provided information that additional roads within the Town of Riverhead have received Town maintenance services consisting of plowing snow and sanding, but these roads have not yet been determined to be § 189 highways. The staff also determined that these 41 highways met the criteria to be declared a § 189 highway under this chapter. E. It is with the purpose in mind of clarifying the rights, obligations and duties of all owners of property and of the Town with respect to highways which have been acquired by use that the Town Board enacts this article.
§ 237-21. Designation of § 189 highways. In accordance with the authority vested in the Town Board by the State Legislature, the Town Board shall, by resolution, determine those highways which meet the criteria for a § 189 highway. These highways shall have been used by the public for a period of 10 years or longer, and the Town
209:125 § 237-21 RIVERHEAD CODE § 237-25 shall have performed certain maintenance thereof in the form of patching or plowing or sanding during a period of at least 10 years.
§ 237-22. Rights acquired. On any highway determined to be a § 189 highway, the public shall have the right to traverse said highway as if it were constructed and laid out as a dedicated public highway. The rights of access shall include the right to drive an automobile or bike on it, traverse it on foot and conduct any other lawful activity on the highway as if it were a fully dedicated Town highway. The Town shall have been deemed to have acquired a surface easement for said highway and appurtenances for the width and the length of the highway as determined by the Town Board upon the adoption of a resolution declaring said highway to be a § 189 highway.
§ 237-23. Town obligations continued. Once a highway has been determined to be a § 189 highway, the Town shall continue to keep the existing traveled way for the width and the length, as determined by the Town over which a surface easement has been acquired, in a condition for the public to be able to access and traverse said highway and for emergency service access. Nothing herein shall obligate the Town to expend any funds to widen the road or to acquire any subsurface easements to allow any drainage facilities to be installed or replaced. If determined by the Town Board to be necessary, said improvements shall be performed in accordance with the provisions of law. Nothing herein shall require the Town to pave or otherwise improve the existing surface of the § 189 highway to any level beyond keeping it open in order to allow safe passage and emergency service access.
§ 237-24. Adoption of highways. The Town Board shall, following the effective date of this article, adopt a resolution formally certifying all § 189 highways within the Town of Riverhead. A list shall contain an inventory of all highways previously determined to be § 189 highways, updating their names and dimensions thereon, and shall also contain the additional highways which have been determined by the study commissioned by the Town Board to be § 189 highways but which have not yet been formally declared.
§ 237-25. Services to private roads, lanes or driveways prohibited. In accordance with the provisions of the State Constitution and state laws, it is hereby declared to be illegal within the Town of Riverhead for any municipal official to provide services to a private road, lane or driveway, except in times of a state of emergency duly declared by the appropriate executive official for the needs of the public's health, welfare and safety. It is hereby declared to be the intent of this article that no further roads be accepted as § 189 highways within the Town of Riverhead except as provided for herein.
209:126 § 237-25 ARCHITECTURAL REVIEW § 237-25
Chapter 251
NOISE, PUBLIC NUISANCES AND PROPERTY MAINTENANCE
GENERAL REFERENCES
Littering and graffiti — See Ch. 245. Vegetation — See Ch. 287.
Raceways — See Ch. 259. Zoning and land development — See Ch. 301.
Solid waste — See Ch. 273.
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§ 251-1 ARCHITECTURAL REVIEW § 251-1
ARTICLE I Noise [Adopted 12-17-1991 by L.L. No. 10-1991 (Ch. 81 of the 1976 Code)]
§ 251-1. Definitions; word usage. A. All terminology defined herein which relates to the nature of sound and the mechanical detection and recordation of sound is in conformance with the terminology of the American National Standards Institute or its successor body. B. As used in this article, the following terms shall have the meanings indicated: ABATEMENT — An official warning to remove, stop and/or cease that which causes an unreasonable noise. A-WEIGHTED SOUND-PRESSURE LEVEL — The sound-pressure level measured in decibels with a sound-level meter set for A-weighting, abbreviated "dBA." COMMERCIAL AREA — A group of commercial properties and the abutting public rights-of-way and public spaces. COMMERCIAL PROPERTY — Any property currently or hereinafter zoned for any classification of business or commercial zoning according to the Zoning Map of the Town of Riverhead or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to: (1) Commercial dining. (2) Community services. (3) Public services. (4) Other commercial activities. CONSTRUCTION — Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures. CONSTRUCTION DEVICE — Any power device or equipment designed and intended for use in construction, including but not limited to air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dBA — The A-weighted sound level in decibels, as measured by a general purpose sound-level meter complying with the provisions of the American National Standards Institute Specifications for Sound Level Meters (ANSI SI.4 1971), properly calibrated and operated on the A- weighting network. DECIBEL (dB) — The practical unit of measurement for sound-pressure level. The number of decibels of a measured sound is equal to 20 times
209:129 § 251-1 RIVERHEAD CODE § 251-1
the logarithm of the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated "dB." DEMOLITION — Any dismantling, intentional destruction or removal of buildings or structures. EMERGENCY WORK — Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life- threatening conditions. GROSS VEHICLE WEIGHT RATING (GVWR) — The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, should be used. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT — All engine- or motor-powered equipment intended for repetitive use in residential areas typically capable of being used by a homeowner. Examples of "homeowner's light residential outdoor equipment" are lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers, etc. IMPULSIVE SOUND — A sound of short duration, usually less than one second, and of high intensity with an abrupt onset and rapid delay. Examples of "impulsive sound" would be explosions, drop forge impacts, discharge of firearms, etc. INDUSTRIAL AREAS — Those areas zoned as such by the Code of the Town of Riverhead. INDUSTRIAL PROPERTY — Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any classification of industrial zoning according to the Zoning Map of the Town of Riverhead. MOTOR VEHICLE — Any vehicle which is propelled or drawn on land by an engine or motor. MULTIDWELLING BUILDING — Any building wherein there are two or more dwelling units. NOISE — Any airborne sound of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property. NOISE CONTROL OFFICER — Any employee of the Town of Riverhead trained in the measurement of sound and empowered to issue a summons for violations of this article.
209:130 § 251-1 ARCHITECTURAL REVIEW § 251-1
NOISE POLLUTION — The presence of that amount of acoustic energy for that amount of time necessary to: (1) Cause temporary or permanent hearing loss in persons exposed; (2) Be otherwise injurious or tend to be, on the basis of current information, injurious to the public health or welfare; (3) Cause a nuisance; (4) Exceed standards or restrictions established herein; or (5) Interfere with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: (a) Yelling, shouting, hooting, whistling or singing on the public streets or from private property at any time that annoys or disturbs the quiet comfort or repose of person or persons in the vicinity and that such noise is plainly audible at a distance of 50 feet from the area, building, structure or vehicle from which such noise emanates. (b) The using or operating of or permitting to be played, used or operated any sound reproductive device, including but not limited to any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants and in such a manner as to be plainly audible at a distance of 50 feet from the area, building, structure or vehicle in which it is located. NOISE-SENSITIVE ZONE — Any area designated pursuant to this article for the purpose of ensuring exceptional quiet. OCTAVE BAND SOUND-PRESSURE LEVEL — Sound-pressure level measured in standard octave bands with sound-level meter and octave band analyzer that meet ANSI SI.4 and SI.11, or the latest revision thereof. OFF-ROAD RECREATIONAL VEHICLE — Any vehicle which is propelled by any power other than muscular power. PERSON — An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. PUBLIC RIGHT-OF-WAY — Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity. PUBLIC SPACE — Any real property or structures thereon that are owned or controlled by a governmental entity.
209:131 § 251-1 RIVERHEAD CODE § 251-1
REAL PROPERTY LINE — (1) The imaginary line, including its vertical extension, that separates one parcel of real property from another; or (2) The vertical and horizontal boundaries of a dwelling unit that is one in a multidwelling unit building. RESIDENTIAL AREA — A group of residential properties and the abutting public rights-of-way and public spaces. RESIDENTIAL PROPERTY — Any property used for human habitation. SOUND — Any variation in ambient barometric pressure. SOUND-LEVEL METER — An instrument, including a microphone, an amplifier and output meter and frequency-weighting networks, for the measurement of sound levels. SOUND-PRESSURE LEVEL — The weighted sound-pressure level in decibels obtained by the use of a sound-level meter and frequency- weighting network, such as A, B or C. If the frequency weighting employed is not indicated, the A-weighting slow response shall apply. SOUND REPRODUCTION DEVICE — Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound-amplifying device. SOUND SIGNAL DEVICE — Any device that is designed to be used or is actually used to produce a sound signal, but not spoken language, including but not limited to any horn, whistle, bell, gong, siren, rattle, clapper, hammer, drum or air horn. SOUND SOURCE — Any activity or device whatsoever that produces sound. SOUND SOURCE SITE — Any one parcel of land or a tract of land consisting of two or more parcels, which includes all contiguous land and water areas under the ownership or control of a person in or upon which one or more sound sources are located. The sound source site includes all individual sound sources that are located on such site, whether stationary, movable or mobile. A sound source site is created by the installation of one or more sound sources thereon. UNREASONABLE NOISE — Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from raceways pursuant to Chapter 259, Raceways, and to agricultural operations. Standards to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, the following: (1) The volume of the noise.
209:132 § 251-1 ARCHITECTURAL REVIEW § 251-3
(2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10)Whether the sound source is temporary. (11)Whether the noise is continuous or impulsive.
§ 251-2. Enforcement. A. The provisions of this article shall be enforced by noise control officers and/or police officers of theown T of Riverhead. B. The noise control officers shall have the power to: (1) Issue a summons or warning, pursuant to § 251-9, to immediately cease and desist the subject noise. (2) Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable. (3) Review the action of other municipal departments and advise such departments of the effect, if any, of such actions on noise control. (4) Review and inspect public projects and, upon consent by the owner or designated agent, review and inspect private projects for compliance with this article. C. The noise control officers shall not use this article in situations within the jurisdiction of the Federal Occupational Safety and Health Act.
§ 251-3. Responsibilities of Town departments and agencies. A. All departments and agencies of the Town of Riverhead shall, to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy of this article and shall cooperate with the noise control officer in the implementation and enforcement of this article. B. All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the
209:133 § 251-3 RIVERHEAD CODE § 251-4
noise control officer prior to the approval of such projects to ensure that such activities comply with the provisions of this article.
§ 251-4. Maximum permissible sound-pressure levels. A. No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public land or right-of-way in such a manner as to create a sound level that exceeds the particular level limits set forth in Table I18 when measured at or within the real property line of the receiving property, except those acts specifically prohibited in this article for which no measurement of sound is required. B. When measuring noise within a multidwelling unit, all doors and windows shall be closed and the measurements shall be taken in the center of the room. C. The following are exempt from the A-weighted sound-pressure level limits of Table I: (1) Noise from the intermittent or occasional use of homeowner's light residential outdoor equipment, including but not limited to domestic power tools, lawn mowers and equipment, when operated with a muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays. (2) Sound from church bells and church chimes when part of a religious observance or service. (3) Noise from construction activity, except as provided in § 251-5K. (4) Noise from snowblowers, snow throwers and snowplows, when operated with a muffler, for the purpose of snow removal. (5) Noise from stationary emergency signaling devices owned and operated by any public utility, municipal subdivision, fire department or ambulance corps when used in connection with an emergency or for testing purposes, including but not limited to train switching. (6) Noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated and shall not be operated more than 15 minutes in any one-hour period. (7) Sound from chimes or bells from municipal buildings, including but not limited to fire district buildings. (8) Noise from generators used for emergency purposes.
18.Editor's Note: Table I is included as an attachment to this chapter. 209:134 § 251-4 ARCHITECTURAL REVIEW § 251-5
(9) Noise from licensed or permitted fireworks displays, outdoor concerts, musical entertainment, parades or assemblies.
§ 251-5. Prohibited acts. No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § 251-1 hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section: A. Sound reproduction devices. (1) No person shall operate or cause to be operated a sound reproduction device that produces unreasonable noise. The operation of any such device in such a manner as to create unreasonable noise across a real property boundary or the operation of such device by a passenger of a vehicle in such a way as to disturb any other person is prohibited. (2) No person shall operate, use or cause to be operated or used any sound reproduction device for commercial or business advertising purposes or for the purposes of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes; in front or outside of any building, place or premises abutting or adjacent to a public street, park or place, where the sound therefrom may be heard upon any public street, park or place or from any stand, platform or other structure; or on a boat or on the waters within the jurisdiction of the Town of Riverhead; or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events held on property of the Town of Riverhead or School District so suited for such activities, provided that proper authorization from the Town of Riverhead has been obtained.
(3) No person shall operate or use or cause to be operated or used any sound reproduction device in any public place in such a manner that the sound emanating therefrom creates unreasonable noise across a real property boundary. B. Shouting and peddling. (1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so as to cause unreasonable noise. (2) No person shall call for the purpose of advertising goods, services, wares or merchandise within any area zoned for residential use so as to cause unreasonable noise. The provisions of this section shall not apply to the sale of merchandise, food and beverages at Town of
209:135 § 251-5 RIVERHEAD CODE § 251-5
Riverhead authorized entertainment events such as parades, fairs and sporting events. C. Places of public entertainment. No person shall operate or permit to be operated a place of public entertainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the playing of any sound reproduction device or similar device creates a sound level in excess of 95 dBA sustained for more than 30 seconds at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating "sound levels within may cause permanent hearing impairment." D. Animals and birds. No person shall keep, permit or maintain any animal, including a bird, under his control which frequently or for continued duration of 15 minutes makes sounds which create unreasonable noise across a residential real property boundary. E. Noise-sensitive zones. No person shall cause or permit the creation of any sound by means of any device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of worship or public library while such facility is in use or adjacent to any hospital or nursing home at any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such facilities. F. Loading and unloading. (1) No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 8:00 p.m. and 7:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary. (2) This provision shall not apply to the operation of any business as to which specific Town Code regulations set forth different times or covenants were recorded prior to the enactment of this article by direction of any agency of the Town of Riverhead settling forth a limitation for conducting of the activities set forth in Subsection F(1) above during the hours other than those set forth in said subsection. In such case, the hours set forth in the covenant or Town Code regulations shall control. G. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning. H. Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires of such vehicle. I. Standing motor vehicles.
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(1) No person shall operate or permit to be operated the engine of any motor vehicle or any auxiliary equipment attached to such vehicle, for a period longer than 10 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on any private property or public right-of-way or public space so that the sound therefrom is audible within 300 feet of a residential property boundary between the hours of 8:00 p.m. and 7:00 a.m. the following day. (2) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency repair activity. J. Street cleaning and/or parking lot sweeper equipment. No person shall engage in or permit to be operated any street sweepers, industrial vacuums or other like equipment between the hours of 8:00 p.m. and 7:00 a.m. the following day. The provisions of this subsection shall not apply to emergency work or municipal street cleaning. K. Construction. (1) No person shall operate or permit to be operated any construction device, including but not limited to construction and demolition work, excavating or earthmoving equipment: (a) Between the hours of 8:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on Sundays or legal holidays, such that the sound therefrom creates unreasonable noise across a residential real property boundary. (b) At any other time such that the continuous sound-in-air level at or across a real property boundary exceeds an L{10} of 80 dBA. (c) At any other time such that the impulsive sound-in-air has a peak sound-pressure level at or across a real property boundary in excess of 130 dBA. (2) The provisions of this subsection shall not apply to emergency work. L. Commercial, business and industrial operation. (1) No person shall operate or permit to be operated on a sound source site a commercial business or industrial operation that produces a sound level exceeding the limitations as provided in this subsection. (2) Continuous sound-in-air which has crossed the property line of such sound source site and enters property zoned for residential use or property within a noise-sensitive zone shall not exceed either of the following levels:
209:137 § 251-5 RIVERHEAD CODE § 251-5
(a) Between the hours of 7:00 a.m. and 8:00 p.m.:19 [1] A sound level in excess of 65 dBA measured with the slow response of sound-level meter. [2] An L{10} in excess of 60 dBA. (b) Between the hours of 8:00 p.m. and 7:00 a.m. the following day:20 [1] A sound level in excess of 50 dBA measured with the slow response of a sound-level meter. [2] An L{10} in excess of 45 dBA. (c) The sound levels contained herein shall not apply to noise- sensitive zones when the facilities in such zones are not in use. (3) Continuous sound-in-air which has crossed the property line of a sound source site and enters property which is zoned for business or property where the public in general congregates, except property zoned for industrial use, shall not exceed either of the following levels: (a) A sound level in excess of 65 dBA measured with the slow response of a sound-level meter. (b) An L{10} in excess of 60 dBA. (4) The sound levels specified in Subsection L(2) and (3) above shall be decreased by five decibels if the sound contains impulsive sound characteristics. (5) Exposure to sound that has crossed the property line of a sound source site and enters property zoned for industrial use shall not exceed any of the following levels: (a) Continuous sound-in-air. Duration per Day Sound Level 80 dBA
(24 hours) (slow response) 16 82 8 85 4 88 2 91 1 94
19.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 20.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 209:138 § 251-5 ARCHITECTURAL REVIEW § 251-7
Duration per Day Sound Level 80 dBA
(24 hours) (slow response) 1/2 97 1/4 100
(b) Impulsive sound-in-air which has a peak pressure level in excess of 100 decibels. M. Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or other sound-suppression equipment in operable condition which shall prevent said vehicle from causing unnecessary noise. In addition to other standards contained herein in the definition of "unreasonable noise" under § 251-1, a motor vehicle shall be deemed to cause unreasonable noise if it produces a sound level of 80 dBA or more.
§ 251-6. Exceptions. The provisions of this article shall not apply to: A. Agricultural operations. B. The emission of sound for the purpose of alerting persons to the existence of an emergency. C. The emission of sound in the performance of emergency work. D. The noise generated in agricultural production and operating, including but not limited to farm irrigation equipment, animal training or air cannons used to prevent animal damage. E. Raceway operations regulated by Chapter 259, Raceways, of the Town Code.
§ 251-7. Variances. A. The Town Board of the Town of Riverhead shall have the authority, consistent with this section, to grant variances to this article. B. Any person seeking a variance pursuant to this section shall file an application with the Town Board. The application shall consist of a letter signed by the applicant and contain a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided: (1) The plan, specifications and other information pertinent to such sources.
209:139 § 251-7 RIVERHEAD CODE § 251-9
(2) The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated. (3) The noise abatement and control methods used to restrict the emission of sound. C. The Town Board, upon receipt of such application and upon payment of any fee which shall be required by resolution of the Town Board, shall set the matter down for a public hearing to be held within 30 days from the date the application was submitted. The Town Board shall cause publication of such public hearing to be given in the official newspaper of the Town in the same manner as an application for a special permit is published. The applicant, in like manner, shall give notice of the application by certified mail, return receipt, to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site. D. In determining whether to grant or deny the application, the Town Board shall balance the hardship to the applicant, the community and other persons against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts deemed appropriate. E. The Town Board shall cause the taking of sound-level readings by an agency to be designated by the Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site. F. The Town Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits of permitted activity, in the event that it shall grant any variance hereunder.
§ 251-8. Penalties for offenses. A. Any person who violates any provision of this article shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each offense. B. Each day (twenty-four-hour period) of violation of any provision of this article shall constitute a separate offense.
§ 251-9. Issuance of warnings. A. Except as provided in Subsection B below, in lieu of issuing a summons, the noise control officer may issue a warning requiring abatement of any source of sound alleged to be in violation of this article. B. A warning shall not be issued when the noise control officer has reason to believe that there will not be compliance with the warning, when the
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alleged violator has been served with a previous warning or had previously been convicted for a violation of this article.
§ 251-10. Construal of provisions. No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this article or from other law.
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§ 251-11 ARCHITECTURAL REVIEW § 251-13
ARTICLE II Public Nuisances [Adopted 7-2-1996 by L.L. No. 1-1996 (Ch. 82 of the 1976 Code)]
§ 251-11. Findings; purpose. A. The Town Board of the Town of Riverhead hereby finds that the peace, good order and safety of the Town has been jeopardized by the effects of the nationally recognized drug epidemic and its resultant proliferation of crack houses and other unlawful activities and that other public nuisances exist in the Town of Riverhead in the ownership, operation and maintenance of certain commercial and residential establishments and the use or alteration of property in flagrant violation of the public health laws; the Multiple Dwelling Law; penal laws regulating obscenity, prostitution, drug offenses and related conduct; licensing laws; environmental laws; laws relating to the sale and consumption of alcoholic beverages; laws relating to gambling, controlled substances and dangerous drugs; and penal laws relating to the possession of stolen property, all of which interfere with the interest of the public in the quality of life and the total community environment, the tone of commerce in the Town of Riverhead, property values and the public health, safety and welfare. B. The Town Board of the Town of Riverhead further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the Town of Riverhead and of the businesses thereof and visitors thereto. C. It is the purpose of the Town Board to create one standardized procedure for securing legal and equitable remedies relating to the subject matter encompassed by this article, without prejudice to the use of procedures otherwise available or recognized under the common law or existing and subsequently enacted laws, and to strengthen and clarify existing laws on the subject.
§ 251-12. Short title. This article shall be known and may be referred to as the "Nuisance Abatement Law."
§ 251-13. Definitions and presumptions. A. A public nuisance shall include, but not be limited to, the following: (1) Any building, erection or place used, in whole or in part, for the purpose of prostitution as that term is defined in § 230.00 of the Penal Law. (2) Any building, erection or place used, in whole or in part, for the purpose of obscene performances. The term "obscene" shall have the same meaning as that term is defined in Subdivision 1 of
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§ 235.00 of the Penal Law. The term "performance" shall have the same meaning as that term is defined in Subdivision 3 of § 235.00 of the Penal Law. (3) Any building, erection or place used, in whole or in part, for the purpose of promotion of obscene material. The term "obscene" shall have the same meaning as that term defined in Subdivision 1 of § 235.00 of the Penal Law. The term "material" shall have the same meaning as that term is defined in Subdivision 2 of § 235.00 of the Penal Law. (4) Any building, erection or place used, in whole or in part, for violations of any of the provisions of Article 220, 221 or 225 of the Penal Law. (5) Any building, erection or place used, in whole or in part, for violations of the provisions of §§ 165.40, 165.45, 165.50, 170.65, 170.70 and 175.10 of the Penal Law or § 415-a of the Vehicle and Traffic Law. (6) Any building, erection or place used, in whole or in part, for any of the unlawful activities described in § 123 of the Alcoholic Beverage Control Law. (7) Any building, erection or place used, in whole or in part, for the commission of a criminal nuisance as that term is defined in § 240.45 of the Penal Law. (8) Any building, erection or place used, in whole or in part, for the purpose of conducting a business, activity or enterprise which is not licensed as required by any federal, state, county or local enactment. (9) Any building, erection or place used, in whole or in part, for the regular use, manufacture, distribution, storage or sale of the substances described in Articles 220 and 221 of the Penal Law. For the purpose of this article, two or more occurrences of one or more or any combination of the acts described in this subsection within the one-year period preceding commencement of an action under this article shall be presumptive evidence that such acts are regularly occurring. (10) Any building, erection or place, in whole or in part, wherein there is occurring a public nuisance not heretofore defined but recognized as such under the common law. B. For the purposes of this article, the term "person" shall be defined and applied to include persons, firms, partnerships, corporations and any other entity. C. For the purposes of this article, two or more convictions of any person for violation of any of the aforedescribed provisions of law within the
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one-year period preceding commencement of an action under this article shall be presumptive evidence that the building, erection or place is a public nuisance. D. For the purposes of this article, "conviction" shall be defined and applied in accordance with the provisions of Subdivision 13 of § 1.20 of the Criminal Procedure Law.
§ 251-14. Public nuisances prohibited. No person shall cause, allow or permit a public nuisance to exist.
§ 251-15. Injunctive relief. A. The Town Attorney may bring and maintain a civil proceeding in the name of the Town of Riverhead to enjoin a public nuisance within the scope of this article and enjoining the person conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance. Unless otherwise indicated herein, said action shall be governed by the provisions of the Civil Practice Law and Rules. B. In addition to any other remedy provided by law, injunctive relief granted pursuant to this article may provide for the closing of any building, structure, erection or place and may authorize representatives of the Town of Riverhead to enter upon the premises and take any necessary actions to close and appropriately secure the premises so as to prevent entry to and/or continued use thereof. C. In any action brought under this article, the Town Attorney may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules. D. In any action brought under this article, the Town Attorney may apply for the appointment of a receiver as provided in Article 64 of the Civil Practice Law and Rules. Solely for the purposes of this article, the Town of Riverhead shall be deemed to have an interest in the subject premises, as that term is utilized in § 6401 of the Civil Practice Law and Rules. Any actions taken hereunder shall not be construed nor constitute an act of possession, ownership or control of the subject premises by the Town of Riverhead. E. In any action brought under this article, the person in whose name ownership of the real property affected by the action is recorded in the office of the Town Assessor or the County Clerk, as the case may be, shall be presumed to be the owner thereof. F. In any action brought under this article, whenever there is evidence that any person was the manager, operator, supervisor or, in any other way, in charge of or in possession and/or control of the premises at the time a public nuisance was being conducted, maintained or permitted,
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such evidence shall be presumptive that he, she or it was an agent or employee of the owner or lessee of the building, erection or place. G. The existence of an adequate remedy at law shall not prevent the granting of temporary, preliminary or permanent injunctive relief pursuant to this article. H. Intentional disobedience or resistance of any provision of an order or judgment awarding injunctive relief pursuant to this article, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $500 or by imprisonment not exceeding six months, or by both. I. A judgment rendered awarding a permanent injunction pursuant to this article shall be and become a lien upon the building, erection or place named in the complaint in such action, such lien to date from the time of filing a notice of lis pendens in the office of the County Clerk. Every such lien shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens. J. A judgment awarding a permanent injunction pursuant to this article shall provide, in addition to the costs and disbursements allowed by the Civil Practice Law and Rules, upon satisfactory proof by affidavit or such other evidence as may be submitted, the actual costs, expenses and disbursements of the Town of Riverhead in investigating, bringing and maintaining the action and in securing the premises, including but not limited to reasonable attorneys' fees. K. In any action under this article, evidence of the common fame and general reputation of the building, erection or place of the inmates or occupants thereof or of those resorting thereto shall be competent evidence to prove the evidence of the public nuisance. If evidence of the general reputation of the building, erection or place or of the inmates or occupants thereof is sufficient to establish the existence of the public nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance on the part of the owners, lessors, lessees and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the public nuisance. L. The Police Department shall assist in the monitoring and enforcement of injunctive relief granted under this article.
§ 251-16. Civil penalties. A. Any person found to have caused, permitted or allowed a public nuisance to exist shall be liable for a civil penalty in the amount of $1,000 for each day the public nuisance has been conducted, permitted or maintained.
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B. The Town Attorney may bring and maintain a civil proceeding in the name of the Town of Riverhead to recover the civil penalty provided hereunder against any person conducting, maintaining or permitting a public nuisance within the scope of this article. Said civil penalty may be obtained in the same action described in § 251-15. Upon recovery, such civil penalty shall be paid into the general fund of the Town of Riverhead.
§ 251-17. Remedies not exclusive. A. This article shall not be construed to exclude any other remedy provided by law for the protection of the health, safety and welfare of the people of the Town of Riverhead, including but not limited to all express and implied powers of the Town Board of the Town of Riverhead. B. This article shall not be construed to exclude any civil or criminal remedy provided by law for the enforcement of this Code or of the laws of the County of Suffolk, the State of New orkY or the United States.
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§ 251-18 ARCHITECTURAL REVIEW § 251-20
ARTICLE III Rubbish, Refuse and Rank Vegetation [Adopted 8-7-1984; amended in its entirety 9-1-2009 by L.L. No. 45-2009 (Ch. 96 of the 1976 Code)]
§ 251-18. Legislative intent. The Town Board of the Town of Riverhead has determined that there exists in the Town of Riverhead unsightly conditions and environmental public nuisance(s), and it is the intent of this article to provide minimum requirements to safeguard public safety, health and general welfare insofar as they are affected by any undesirable, environmental public nuisance(s) or condition(s) of blight on such land(s), premises and public way(s) and whereby reasons that such conditions may cause a fire hazard, create a nuisance to children with potential danger of injury on rocks, debris, holes, noxious weeds, etc., obstruct visibility at street intersections, result in the aggravation of allergies or furnish a potential harborage or breeding place for disease-carrying insects, arthropods, animals and snakes covered by excess growth or vegetation.
§ 251-19. Scope; construal of provisions; exclusions. A. Scope. The provisions of this article shall apply to all new and existing residential and nonresidential premises and constitute the minimum requirements and standards for such premises. B. Applicability. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this article 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 county or state laws and regulations. In case of conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.
C. Exclusions. The height provisions set forth in § 251-22A of this article shall not apply to wooded areas, wetland areas, or the growing of domestic grains and agricultural crops for purposes related to agricultural production as defined in the Town Code of the Town of Riverhead.
§ 251-20. Applicability of definitions; word usage. A. General. Unless otherwise expressly stated, the terms set forth in § 251-21 of this article shall, for the purposes of this article, have the meanings shown herein. B. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and
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neuter; the singular number includes the plural and the plural the singular. C. Terms not defined. Where terms are not defined through the methods authorized by this article, such terms shall have ordinarily accepted meanings such as the context implies.
§ 251-21. Definitions. As used in this article, the following terms shall have the meanings indicated: BAMBOO — [Added 8-21-2018 by L.L. No. 18-2018] 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:[Added 8-21-2018 by L.L. No. 18-2018] 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. CODE ENFORCEMENT OFFICIAL — The official who is charged with the administration and enforcement of this article, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Coordinator, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator,
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Ordinance Enforcement Officer or Ordinance Inspector of the Town of Riverhead, and such person(s) shall be certified as a New York State Code Enforcement Official. EXCAVATION — The extraction, removal or stripping of material from the ground or the breaking of the surface soil in order to facilitate or accomplish the removal, extraction or stripping of material.[Added 11-4-2015 by L.L. No. 22-2015] EXTERIOR PROPERTY — The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE/REFUSE — Any solid or liquid waste material or product or combination of solid or liquid waste materials which result from the handling, preparation, cooking and consumption of food. For the purpose of this definition, "waste material" shall mean any form of discarded, unattended, uncontained garbage/refuse as defined herein. GRASS — Any plant of the family Gramineae having jointed stems with long narrow leaves which are growing wild or cultivated by seed as upon lawns and pastures. LAND — The term "land" and "property" shall have the same meaning as "premises" as defined herein. LITTER — Waste material haphazardly deposited upon the ground, including but not limited to paper and plastic bags, paper and plastic cups, foodstuffs, food wrappings, cigar and cigarette butts, newspapers, advertisements, flyers, handbills, cans, bottles or glass, which tends to create a danger to public health, safety and welfare and/or which creates an unsightly condition, whether or not the waste material was generated by the owner of the property, by a lessee of the owner or a customer of the owner or lessee. For the purpose of this definition, "waste material" shall mean any form of discarded, unattended, uncontained litter as defined herein. NOXIOUS PLANTS — Noxious plants shall include the following: poison ivy, poison sumac, and poison oak. NUISANCE — The unlawfully doing of an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render hazardous for others, or in any way renders other persons insecure in life or in the use of their property. OCCUPANT — Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER — Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
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PERSON — An individual, corporation, partnership or any other group acting as a unit. PREMISES — A lot, plot or parcel of land, easement or public way, including any structures thereon. PUBLIC WAY — Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. RANK VEGETATION — Any plant exceeding 10 inches in height. Trees, shrubberies, flowers and agricultural crops are not to be considered rank vegetation unless they constitute an extreme deviation from the aesthetic appearance of the existing neighborhood in which such vegetation exists. RESIDENTIAL PREMISES — Any parcel of real estate, used or intended for residential purposes, whether platted or unplatted. RUBBISH — All combustible and noncombustible waste materials; for the purpose of this definition, "waste material" shall mean any form of discarded, unattended, improperly contained rubbish as defined herein; the term "rubbish" shall include rags, cartons, boxes, wood, excelsior, rubber, leather, metals, mineral matter, glass, crockery fragments of building materials, construction debris or fallen buildings and ruins; the term "rubbish" shall also include the residue from the burning of any of the aforementioned items; this term shall also include discarded, abandoned or stored refrigerators and or freezers. WEEDS — A valueless plant with long narrow leaves growing wild, sometimes growing on cultivated ground amongst grass, to the exclusion or injury of the desired crop; the term shall also include any undesirable or troublesome plant growing profusely where it is not wanted. WOODED AREAS — An area densely covered with trees, shrubs and plant life. YARD, FRONT — A space unoccupied, except as otherwise herein provided, between the front street line and the nearest point of any building line or structure on the lot and extending from side lot line to side lot line. YARD, REAR — A space unoccupied, except by a building or structure or accessory use as herein provided, extending from side lot line to side lot line between the rear lot line and the extreme rear line of the main building. YARD, SIDE — A space unoccupied, except by a building or structure or accessory use as herein provided, situated between the line of the principal building and sidelines of the lot and extending from the front lot line to the rear lot line. YARD WASTE — Any form of discarded plant material or plant matter, including leaves, grass clippings, tree branches, brush, tree stumps, flowers and roots; debris commonly discarded as waste material in the course of maintaining yards and gardens, including sod and biodegradable waste approved for the yard waste composting program by the Town Board or the
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Sanitation Supervisor. For the purpose of this definition, "waste material" shall mean any form of discarded, nonthriving yard waste as defined herein.
§ 251-22. Unlawful acts. A. Weeds, grass, rank vegetation. It shall be unlawful for any owner or occupant of a premises within the Town of Riverhead, County of Suffolk, State of New York, to cause or allow weeds, grass or other rank vegetation as defined in this article to exceed a height of 10 inches measured above ground level on any premises or public way. B. Yard waste, rubbish, litter, garbage/refuse. It shall be unlawful for any owner or occupant of a premises within the Town of Riverhead, County of Suffolk, State of New York, to cause or allow any accumulation of yard waste, rubbish, litter, garbage or refuse as defined in this article on any premises or public way. C. Open excavations and piles of material. It shall be unlawful for any person or business entity to leave, cause, permit and/or maintain an open excavation or pile of fill or other material, in connection with the removal of trees or other vegetation, or the installation, repair or maintenance of drainage structures, sewage systems, utility work, foundation or other below-grade construction, in an unsecured, or dangerous, or hazardous condition or place. Such excavation or pile shall be effectively and properly fenced, shored or barricaded to prevent the creation and/or maintenance of an unsafe or hazardous condition while work is being performed, and such conditions shall be remedied as soon as practicable as the work is completed. [Added 11-4-2015 by L.L. No. 22-2015] 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 onto neighboring properties, privately or publicly owned, including public rights-of-way. [Added 8-21-2018 by L.L. No. 18-2018]
(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.
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(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.
§ 251-23. Notice of violation. A. Notice. The Code Enforcement Official empowered to enforce this Code pursuant to Chapter 107, § 107-1, of this Code may notify the owners by notice of violation; such notice of violation shall be served upon such owner of said property in which a violation of the provisions set forth in § 251-22 of this article exists. B. Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the condition of the violation existing upon the premises and an order requiring that the violation be abated. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice shall complete the abatement of the violation existing on such premises as specified in the notice. The notice shall further state that, in the event that the cited condition is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to abate the condition of the violation specified in such notice and assess the cost of such removal against said property pursuant to the provision set forth in § 251-25 of this article. C. Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy of such notice shall also be posted on the premises where such violation exists. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.
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D. Failure to comply. Upon failure of the owner of the premises in which a violation set forth in § 251-22 of this article exists and such owner fails to comply with the notice set forth herein within the time provided therein, the Town shall provide for such labor and materials as are necessary for abating such violation pursuant to the provisions of § 251-25 of this article.
§ 251-24. Appearance tickets. A. The Code Enforcement Official empowered to enforce this Code pursuant to Chapter 107, § 107-1, of this Code is hereby authorized and empowered to serve the owner and/or occupant of such premises with an appearance ticket for any violations of this article. Service of a court appearance ticket shall be served upon such owner or occupant of said property, by personal service. B. No notice of violation shall be required from the Town in order to make an owner or occupant guilty of a violation of § 251-22 of this article should an appearance ticket be issued as set forth in Subsection A.
§ 251-25. Action by Town Board upon failure to abate violations. A. Failure to comply. Whenever a notice or notices are served as set forth in § 251-23 of this article and the owners shall neglect or fail to comply with such notices within the time provided therein, the Town Board shall authorize the work to be done and shall provide for the cost thereof to be paid from general Town funds as directed by resolution of the Town Board, pursuant to the authority provided under §§ 64 and 130 of the Town Law. B. Authority to remove. In the event that the owner and/or occupant of such land or premises shall fail to abate any violation as provided described in Subsection A, and in doing so causes such premises to be a nuisance in the Town, the Town Board shall have the authority, as provided for herein, to enter onto such premises where such violation exists, remedy such violation and to charge the cost or expense of such remediation against the owner and establish a lien in the manner herein provided. 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 article shall be assessed against the subject premises or lot. An itemization of such costs shall be provided to the Town Board by the Town Engineering Department. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as the amount to be liened and assessed against the premises, 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 and shall be collected in the same manner and at the same time as other Town charges.
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§ 251-26. Penalties for offenses. A. Any person, association, firm or corporation, owner or occupant which violates any provision of this article or assists in the violation of any provision of this article shall be guilty of a violation, punishable by: (1) A fine of not less than $250 and not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) A fine of not less than $1,000 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years. (3) A fine of not less than $2,000 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation.
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Chapter 275
STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 219. Wetlands — See Ch. 295.
Flood damage prevention — See Ch. 233. Zoning and land development — See Ch. 301.
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§ 275-1 ARCHITECTURAL REVIEW § 275-2
ARTICLE I Stormwater Management [Adopted 12-18-2007 by L.L. No. 44-2007 (Ch. 110 of the 1976 Code)]
§ 275-1. Findings of fact. It has been determined that: A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; B. This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species; C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; D. Lack of or improper design and/or construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation; E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; F. Substantial economic losses can result from these adverse impacts on the waters of the state; G. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; H. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; I. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of nonpoint source pollution, erosion and sedimentation from development.
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§ 275-2. Definitions. The terms used in this article or in documents prepared or reviewed under this article shall have the meanings as set forth in this section: AGRICULTURAL ACTIVITY — The activity of an active farm, including grazing and watering livestock, the raising, shearing, feeding and management of animals, irrigating crops, harvesting crops, using land for growing agricultural products, including but not limited to fruits, vegetables, eggs, dairy products, meat and meat products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.[Amended 12-16-2008 by L.L. No. 49-2008] APPLICANT — A property owner or agent of a property owner who has filed an application for a land development or redevelopment activity. BUILDING — Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. CLEARING — Any activity that removes the vegetative surface cover. DEDICATION — The deliberate appropriation of property by its owner for general public use. DEPARTMENT — The New York State Department of Environmental Conservation. DESIGN MANUAL — The New York State Stormwater Management Design Manual, most recent version, including applicable updates, which serves as the official guide for stormwater management principles, methods and practices. DEVELOPER — A person who undertakes land development activities. EPA — Environmental Protection Agency. EROSION — The removal of soil particles by the action of water, wind, ice or other geological agents. EROSION CONTROL MANUAL — The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book." GRADING — Excavation or fill of material, including the resulting conditions thereof. IMPERVIOUS COVER — Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.). INFILTRATION — The process of percolating stormwater into the subsoil. LAND DEVELOPMENT/REDEVELOPMENT ACTIVITY — Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area
209:160 § 275-2 ARCHITECTURAL REVIEW § 275-2 that is part of a larger common plan of development or sale, even though multiple separate and distinct land development or redevelopment activities may take place at different times on different schedules. LANDOWNER — The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. LICENSED/CERTIFIED PROFESSIONAL — A person currently licensed to practice engineering in New York State (PE) or a Certified Professional in Erosion and Sediment Control (CPESC), or a Certified Professional in Stormwater Quality (CPSWQ). MAINTENANCE AGREEMENT — A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — A conveyance or system of conveyances and retention and infiltration facilities (including roads with drainage systems, curbs and gutters on municipal streets, manholes, catch basins, ditches, man-made channels, or storm drains, stormwater basins, drainage reserve areas, dry wells or any other component of a stormwater system) that is: A. Owned or operated by the Town or another municipal entity; B. Designed or used for collecting and/or conveying and/or storing and/or infiltrating and/or managing stormwater; C. Which is not a combined sewer; and D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. NONPOINT SOURCE POLLUTION — Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. NYSDEC — New York State Department of Environmental Conservation. PHASING — Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. PLANNING BOARD — The Planning Board of the Town of Riverhead. POLLUTANT OF CONCERN — Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. PROJECT — Land development or redevelopment activity. RECHARGE — The replenishment of underground water reserves.
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SEDIMENT CONTROL — Measures that prevent eroded sediment from leaving the site. SILVICULTURAL ACTIVITY — The activity related to the establishment, growth, composition and quality of forest vegetation. SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEMS GP-02-02 — A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA and/or NYSDEC established water quality standards and/or to specify stormwater control standards. STABILIZATION — The use of practices that prevent exposed soil from eroding. STOP-WORK ORDER — An order issued which requires that all construction activity on a site be stopped. STORMWATER — Rainwater; or surface runoff and/or subsurface drainage due to rain, snow, or other precipitation or a combination thereof. STORMWATER MANAGEMENT — The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT FACILITY — One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. STORMWATER MANAGEMENT OFFICER (SMO) — The Town Engineer of the Town of Riverhead (or the person serving in the capacity of the Town Engineer) or designee or his/her authorized deputies, agents or representatives, including employees of other Town departments as appropriate. The SMO is designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.[Amended 12-16-2008 by L.L. No. 49-2008] STORMWATER MANAGEMENT PRACTICES (SMPs) — Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — SWPPPs formalize the design of stormwater management measures for each site. The SWPPP has two parts: an erosion and sediment control plan and a post- construction stormwater control plan. The erosion and sediment control plan, required for all regulated construction activities, lays out the nature,
209:162 § 275-2 ARCHITECTURAL REVIEW § 275-3 placement and capacity of runoff control measures to be used during construction. Where permanent measures are necessary to manage stormwater runoff after construction is completed, a post-construction stormwater control plan is also required, setting forth engineering details, construction schedules and responsibility for ongoing operation and maintenance of permanent stormwater management measures. STORMWATER RUNOFF — Flow on the surface of the ground resulting from precipitation. STREAM CHANNEL — A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water (see also "watercourse," "waterway"). SURFACE WATERS OF THE STATE OF NEW YORK — Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. TOWN — The Town of Riverhead. TOWN ENGINEER — The Town Engineer of the Town of Riverhead, or his/ her authorized deputies, agents, or representatives. WATERCOURSE — A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water (see also "stream channel," "waterway"). WATERWAY — A channel that directs surface runoff to a watercourse or to the public storm drain (see also "stream channel," "watercourse"). WETLAND — An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
§ 275-3. Purpose; objectives. The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Town and to address the findings of fact in § 275-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
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A. Meet the requirements of minimum measures 4 and 5 of New York State's SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised; B. Require land development and redevelopment activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01, or as amended or revised; C. Minimize increases in stormwater runoff from land development and redevelopment activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels, watercourses, and waterways; D. Minimize increases in nonpoint source pollution caused by stormwater runoff from land development and redevelopment activities which would otherwise degrade local water quality; E. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development and redevelopment to the maximum extent practicable; and F. Utilize stormwater management practices to achieve the objectives outlined above, and ensure that these practices are properly maintained and eliminate threats to public safety.
§ 275-4. Applicability; Stormwater Management Officer. A. This article shall be applicable to all land development and redevelopment activities as defined in § 275-2 of this article. B. The Town shall designate a Stormwater Management Officer (SMO) who shall accept and review all stormwater pollution prevention plans (SWPPPs) and forward such plans to the Town Board or the Town Planning Board, as applicable. The Stormwater Management Officer may:
(1) Review the SWPPP; (2) Upon approval by the Town Board of the Town of Riverhead, engage the services of a licensed/certified professional to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or (3) Accept the certification of a licensed professional that the plans conform to the requirements of this article and all other relevant and applicable requirements. C. Notwithstanding the mechanism of review chosen, the SMO shall have the authority under this article to inspect the progress of land development and redevelopment activities subject to the provisions of
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this article with regard to conformance with the approved SWPPP. Should the project be found to be in noncompliance with the approved SWPPP, the SMO shall have the authority to halt construction activities until corrective measures are taken to bring the project into compliance. D. All land development or redevelopment activities subject to review and approval by the Planning Board of the Town of Riverhead under subdivision, site plan and/or special permit regulations shall be reviewed subject to the standards contained in this article. E. All land development activities not subject to review as stated in Subsection C of this section shall be required to submit a SWPPP to the SMO, who shall review the SWPPP and grant approval if it complies with the requirements of this article.
§ 275-5. Exemptions. The following activities are exempt from review under this article: A. Agricultural activity as defined in this article. B. Silvicultural activity, except that landing areas and log haul roads are subject to this article. C. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. D. Repairs to any stormwater management practice or facility receiving the written approval of the Stormwater Management Officer. E. Any part of a subdivision if a plat for the subdivision has been approved by the Town on or before the effective date of this article. F. Land development or redevelopment activities for which a building permit has been approved on or before the effective date of this article.
G. Cemetery graves. H. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. I. Emergency activity immediately necessary to protect life, property or natural resources. J. Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family. K. Landscaping and horticultural activities in connection with an existing structure.
§ 275-6. Stormwater pollution prevention plans. 209:165 § 275-6 RIVERHEAD CODE § 275-6
A. Stormwater pollution prevention plan requirement. No application for approval of a land development or redevelopment activity shall receive final approval until the Stormwater Management Officer (SMO) has received, reviewed, and accepted a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article. [Amended 11-18-2014 by L.L. No. 22-2014] B. Contents of stormwater pollution prevention plans. (1) All SWPPPs shall provide, at a minimum, the following: (a) Background information about the scope of the project, including location, type and size of project; (b) Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show: [1] The total site area; [2] All improvements; [3] Areas of disturbance; [4] Areas that will not be disturbed; [5] Existing vegetation; [6] On-site and adjacent off-site surface water(s); [7] Wetlands and drainage patterns that could be affected by the construction activity; [8] Existing and final slopes; [9] Locations of off-site material, waste, borrow or equipment storage areas and location(s) of the stormwater discharge(s); [10] The site map should be at a scale no smaller than one inch equals 100 feet; (c) Description(s) of the United States Department of Agriculture National Resources Conservation Service soil type(s) present at the site, and a plan showing the boundaries between soil types on the site, if applicable. These boundaries may be included on the site plan, if clearly labeled; (d) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at
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any one time unless said disturbance phasing is shown and described on an approved SWPPP; (e) Descriptions, physical locations, and construction details of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff; (f) Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response. Proposed locations and approximate quantities of stockpiles of these materials shall also be delineated on the SWPPP; (g) Descriptions, physical locations, and construction details of the temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout; (h) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice; (i) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins; (j) Descriptions, locations, and details of temporary practices that will be converted to permanent control measures; (k) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place; (l) Maintenance schedule to ensure continuous and effective operation of all temporary and permanent erosion and sediment control practices; (m) Name(s) of the receiving water(s) and location/proximity to the project site; (n) Delineation of SWPPP implementation responsibilities for each part of the site; (o) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
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(p) Any existing data that describes the stormwater runoff at the site. (2) Land development or redevelopment activities as defined in § 275-2 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (post- construction stormwater runoff controls) as set forth in Subsection B(3) below as applicable: (a) Condition A: stormwater runoff from land development or redevelopment activities discharging a pollutant of concern to either an impaired water identified on the Department's most current 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. (b) Condition B: stormwater runoff from land development or redevelopment activities disturbing five or more acres. (c) Condition C: stormwater runoff from land development or redevelopment activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties. (3) SWPPP requirements for Conditions A, B and C: (a) All information in Subsection B(1) of this section; (b) Description of each post-construction stormwater management practice; (c) Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; (d) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms; (e) Comparison of post-development stormwater runoff conditions with predevelopment conditions; (f) Dimensions, material specifications and installation details for each post-construction stormwater management practice; (g) Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice; (h) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection
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and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; (i) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 275-9 of this article; and (j) For Condition A, the SWPPP shall be prepared by a registered landscape architect (RLA), certified professional in stormwater quality (CPSWQ), certified professional in erosion and sediment control (CPESC), or a professional engineer (PE) and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this article and all other applicable and relevant requirements. C. Other environmental permits. The applicant shall ensure that all other applicable environmental permits have been or will be acquired for the land development or redevelopment activity prior to approval of the final SWPPP. D. Contractor certification. (1) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development or redevelopment activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." (2) The certification must include the name and title of the person providing the signature; address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. (3) The certification statement(s) shall become part of the SWPPP for the land development activity. E. A copy of the SWPPP shall be retained at the site of the land development or redevelopment activity during construction from the date of initiation of construction activities to the date of final stabilization.
§ 275-7. Performance and design criteria. All land development or redevelopment activities shall be subject to the following performance and design criteria:
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A. Technical standards. For the purpose of this article, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article: (1) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual"); (2) New York State Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2005, most current version or its successor, hereafter referred to as the "Erosion Control Manual"). B. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A of this section, and the SWPPP shall be prepared by a licensed professional. C. Water quality standards. Any land development or redevelopment activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
§ 275-8. Maintenance, inspection and repair of stormwater facilities. A. Maintenance and inspection during construction. (1) The applicant or developer of the land development or redevelopment activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. (2) For land development or redevelopment activities as defined in § 275-2 of this article and meeting Condition A, B or C in § 275-6B(2) of this article, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook. The site shall be subject to random inspections by the SMO or his/her representative, in order to
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ensure that the requirements of the approved SWPPP and/or this article are being satisfied. (3) The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and report/document any and all malfunctions of erosion and sediment control and pollution prevention practices. B. Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the Suffolk County Clerk after approval by the Counsel for the Town. C. Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes, as a minimum, the following: (1) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this article. (2) Written procedures for operation and maintenance and training new maintenance personnel. (3) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 275-7C of this article. D. Maintenance agreements. The Town shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this article entitled "Sample Stormwater Control Facility Maintenance Agreement."21
§ 275-9. Construction inspections. A. Erosion and sediment control inspection.
21.Editor's Note: Schedule B is included as an attachment to this chapter. 209:171 § 275-9 RIVERHEAD CODE § 275-9
(1) The Town's SMO may require such inspections as deemed necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the SWPPP as approved. To obtain inspections, the applicant shall notify the SMO at least 48 hours before any of the following actions are taken on any planned phase of the project: (a) Installation of sediment and erosion control measures prior to commencement of construction activities; (b) Completion of site clearing; (c) Completion of rough grading; (d) Completion of final grading; (e) Close of the construction season; (f) Completion of final landscaping; (g) Successful establishment of landscaping in public areas. (2) If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the SMO. B. Stormwater management practice inspections. The SMO is responsible for conducting inspections of stormwater management practices (SMPs). Inspections may be performed by Town staff or the Town's SMO may designate a certified/licensed professional to act as the inspector. The designated inspector is required to submit copies of the weekly/ storm event inspection reports to the SMO. C. Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NYSDEC SPDES General Permit 02-02; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater facilities; and evaluating the condition of stormwater facilities and stormwater management practices.
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D. Submission of reports. The SMO may require monitoring and reporting from entities subject to this article as is necessary to determine compliance with this article. All applicants are required to submit as- built plans for any stormwater management practices located on site after final construction is completed. The plans must show the final construction layout for all stormwater management facilities. The plans must also clearly display any alterations made to the original approved construction details, sections, and/or plan layout. The as-built plans must be certified by a professional engineer. E. Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the MS4, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
§ 275-10. Performance guarantee; maintenance guarantee; recordkeeping. A. Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities, both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and
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sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Recordkeeping. The Town may require entities subject to this article to maintain records demonstrating compliance with this article.
§ 275-11. Enforcement; penalties for offenses. A. Notice of violation. When the Town determines that a land development or redevelopment activity is not being carried out in accordance with the requirements of this article, it may issue a written notice of violation to the landowner. The notice of violation shall contain: (1) The name and address of the landowner, developer or applicant; (2) The address, when available, or a description of the building, structure or land upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the land development or redevelopment activity into compliance with this article and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; (6) A statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within 15 days of service of notice of violation. B. Stop-work orders. The SMO may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all land development or redevelopment activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the SMO confirms that the land development or redevelopment activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop- work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article. C. Violations. Any land development or redevelopment activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law. D. Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for
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conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $2,500 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $2,500 nor more than $5,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation. To the extent that § 268 of the New York State Town Law limits the fine schedule for a violation of any local law, ordinance or regulation to a fine not exceeding $350 or imprisonment for a period not to exceed six months, 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, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, § 268 of the New York State Town Law is superseded, nunc pro tunc, for the protection and enhancement of the Town's physical and visual environment and for the protection, order, conduct, safety, health and well-being of persons or property therein, pursuant to the Town's powers under § 10, Subdivision 1(ii)a(3)(11) and (12), of the Municipal Home Rule Law, as well as Article 9, § 2(b)(3), and Article 9, § 3(c)(10), of the New York State Constitution. [Amended 12-16-2008 by L.L. No. 50-2008] E. Appeal of notice of violation. Any person receiving a notice of violation may appeal within 15 calendar days of its issuance. The SMO shall hear the appeal within 30 days after the filing of the appeal and, within five days of making his/her decision, issue a decision by certified mail to the discharger. The SMO may conduct the hearing and take evidence or may designate any officer or employee of theown T to do so. F. Corrective measures after appeal. (1) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five business days of the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. (2) If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has 209:175 § 275-11 RIVERHEAD CODE § 275-12
occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the property owner. G. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. H. Withholding of certificate of occupancy. If any building or land development or redevelopment activity is installed or conducted in violation of this article, the SMO may prevent the occupancy of said building or land. I. Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
§ 275-12. Fees for services. [Amended 12-30-2008 by L.L. No. 53-2008; 11-7-2012 by L.L. No. 31-2012] The Town shall require any person or entity undertaking land development or redevelopment activities regulated by this article to pay reasonable costs at prevailing rates for review of stormwater pollution prevention plans (SWPPPs) and inspections, or stormwater management practice (SMPs) performed by the Town or performed by a third party at the direction of the Town. A. The following fees shall be required in connection with the submission of a stormwater pollution prevention plan (SWPPP):
(1) Stormwater pollution prevention plan (SWPPP) review/inspection fees initial deposit: $3,500. (2) Review and inspection fees: (a) SWPPP review fees: maximum of $175 per hour upon initial review, and all subsequent reviews, if necessary, as performed by Town's retained consultant. (b) SWPPP site inspection fees: $110 per hour upon inspection by Town's retained consultant.
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(c) The fees referenced in Subsection A(2) shall become nonrefundable upon SWPPP review and/or SWPPP site inspection(s). (3) All fees delineated in Subsection A(1) and (2) above shall be deposited in the Town of Riverhead's escrow account entitled "Engineering Department: Stormwater Pollution Prevention Plan Review and Inspection," as addressed in Subsection B below. (4) In the event subsequent SWPPP review and/or subsequent site inspection is required, the Town shall defray the cost of such expense from replenishment of the escrow account as addressed in Subsection B below. (5) All fees and deposits delineated in Subsection A(1) and (2) above shall be solely used to defray the cost and expense of SWPPP review, site inspection and related activities.
(6) The Town shall provide an accounting of costs and expenses incurred by the Town and/or Town consultants on an annual basis. The Town shall also provide a final accounting at such time that the Town deems the project complete. B. Escrow accounts. (1) An escrow account entitled "Engineering Department: Stormwater Pollution Prevention Plan Review and Inspection" shall be established within the Department of Finance regarding the applications addressed in Subsection A(1) and (2) above. The applicant(s) shall fund said escrow account. (2) Withdrawals from said escrow account may be made from time to time to reimburse the Town for the cost of its Town personnel, including but not limited to legal consultation, review and consideration, and/or consultant's professional review and inspection services actually incurred at prevailing rates of pay for such Town personnel or consultant's services. Whenever the balance in such escrow account is reduced to 1/4 of its initial amount, the Town shall so notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to 1/2 of the initial deposit. If such account is not replenished for such additional deposit, the reviewing and/or inspecting party may suspend the review of the application or inspection of the construction until such time that the above-stated conditions are met. (3) After all pertinent review and inspection fees with respect to the particular application for which the account was established have been paid, the Town shall refund to the applicant the balance of any funds then remaining on deposit in the escrow account, without interest, as established by this section.
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§ 275-13 ARCHITECTURAL REVIEW § 275-14
ARTICLE II Illicit Discharges and Connections to Storm Sewers [Adopted 12-18-2007 by L.L. No. 45-2007 (Ch. 109, Art. I, of the 1976 Code)]
§ 275-13. Purpose; objectives. The purpose of this article is to provide for the health, safety and general welfare of the residents of the Town of Riverhead through the regulation of connections to the Town's municipal separate storm sewer system (MS4) and the regulation of nonstormwater discharges to the MS4 to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the New York State Department of Environmental Conservation's (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit (GP-02-02) for Municipal Separate Storm Sewer Systems. The objectives of this article are: A. To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended or revised; B. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes; C. To prohibit unauthorized and illicit connections, activities and discharges to the MS4; D. To establish legal authority to implement all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and E. To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.
§ 275-14. Definitions. Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, the following terms will have meanings set forth below: BEST MANAGEMENT PRACTICES (BMPs) — Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
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CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. CODE — Code of the Town of Riverhead, New York. CONNECTION PERMIT — An authorization for connection as well as a discharge permitted under § 275-24 of this article, as well as a discharge authorized under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the SMO. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property. CONSTRUCTION ACTIVITY — Activities requiring authorization under a NYSDEC SPDES Permit for Stormwater Discharges From Construction Activity, GP-02-01, as amended or revised, or activities covered by erosion and sediment control or pollution prevention plan laws, ordinances or regulations of the Town. These activities include construction projects resulting in land disturbance equal to or greater than the area stipulated in statutes or regulations of the state, county or the Town, whichever is most restrictive. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition. COUNTY — The County of Suffolk. GENERAL PERMIT — An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 275-17A of this article) from properties occupied by private dwellings. HAZARDOUS MATERIALS — Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. ILLICIT ACTIVITY — Any action or condition, active or passive, that results in nonstormwater discharges entering the Town's MS4. ILLICIT CONNECTION — Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including, but not limited to: A. Any conveyances which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater and wash water, to enter the MS4, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; B. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency; C. Any building or structure floor drain or trench drain; and 209:180 § 275-14 ARCHITECTURAL REVIEW § 275-14
D. Any unauthorized connection as defined elsewhere in this section. ILLICIT DISCHARGE — Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 275-17 of this article. INDIVIDUAL SEWAGE TREATMENT SYSTEM — A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law. INDUSTRIAL ACTIVITY — Activities requiring the SPDES Permit for Discharges From Industrial Activities Except Construction, GP-98-03, as amended or revised. LICENSED/CERTIFIED PROFESSIONAL — New York State licensed professional engineer or licensed architect. MS4 — Municipal separate storm sewer system owned by the Town or another municipal entity. MUNICIPALITY — A county, town, village or other unit of government. MUNICIPAL SEPARATE STORM SEWER SYSTEM — A conveyance or system of conveyances and retention and infiltration facilities (including roads with drainage systems, curbs and gutters on municipal streets, manholes, catch basins, ditches, man-made channels, or storm drains, stormwater basins, drainage reserve areas, dry wells or any other component of a stormwater system) that is: A. Owned or operated by the Town or another municipal entity; B. Designed or used for collecting and/or conveying and/or storing and/or infiltrating and/or managing stormwater; and C. Which is not a combined sewer; and D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. NONSTORMWATER DISCHARGE — Any discharge to the MS4 that is not composed entirely of stormwater. NYSDEC — The New York State Department of Environmental Conservation. OFFICE OF THE TOWN ENGINEER — Office of the Town Engineer of the Town of Riverhead. PERSON — Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. POLLUTANT — Anything which causes or contributes to pollution. Pollutants may include, but are not limited to, dredged spoil, filter
209:181 § 275-14 RIVERHEAD CODE § 275-14 backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, hazardous materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards. Also, paints, varnishes, and solvents; oil and other automotive fluids; hazardous or nonhazardous liquid and solid wastes; yard wastes, including branches, grass clippings and leaves; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations so that same may cause or contribute to pollution; and discharges of soaps, detergents, or floatables; pesticides, herbicides, and fertilizers; sewage, fecal coliforms and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building, structure or site improvements; cement, gravel, sand, silt, mud, other soils and noxious or offensive matter of any kind. PREMISES — Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. SPECIAL CONDITIONS — A. Discharge compliance with water quality standards: the condition that applies where an MS4 has been notified that the discharge of stormwater authorized under their MS4 SPDES permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the MS4 must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. B. Federal Clean Water Act § 303(d)-listed waters: the condition in an MS4 SPDES permit that applies where the MS4 discharges to a NYSDEC 303(d)-listed water. Under this condition, the MS4's stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d)-listed water. C. Total maximum daily load (TMDL) strategy: the condition in an MS4 SPDES permit where a TMDL, including requirements for control of stormwater discharges, has been approved by EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the MS4 was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. D. The condition in an MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges: under this condition, the MS4 must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the MS4 must, within six months of the TMDL's approval, modify its
209:182 § 275-14 ARCHITECTURAL REVIEW § 275-14
stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. SPECIAL PERMIT — An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 275-17 of this article) from all properties occupied by other than private dwellings. STATE — The State of New York. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT — A permit issued by the NYSDEC that authorizes the discharge of pollutants to waters of the state. STORMWATER — Rainwater; or surface runoff and/or subsurface drainage due to rain, snow, or other precipitation or a combination thereof. STORMWATER MANAGEMENT OFFICER (SMO) — The Town Engineer of the Town of Riverhead (or the person serving in the capacity of the Town Engineer) or his/her authorized deputies, agents or representatives, including employees of other Town departments, as appropriate. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — SWPPPs formalize the design of stormwater management measures for each site. The SWPPP has two parts: an erosion and sediment control plan and a post- construction stormwater control plan. The erosion and sediment control plan, required for all regulated construction activities, lays out the nature, placement and capacity of runoff control measures to be used during construction. Where permanent measures are necessary to manage stormwater runoff after construction is completed, a post-construction stormwater control plan is also required, setting forth engineering details, construction schedules and responsibility for ongoing operation and maintenance of permanent stormwater management measures. 303(d) LIST — A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the NYSDEC as required by § 303(d) of the Clean Water Act. 303(d)-listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. TMDL — Total maximum daily load. TOTAL MAXIMUM DAILY LOAD — The maximum amount of a pollutant allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant. TOWN — The Town of Riverhead. TOWN ENGINEER — The Town Engineer of the Town of Riverhead, or his/ her authorized deputies, agents, or representatives. UNAUTHORIZED CONNECTION — A permanent or temporary unapproved direct or indirect conveyance to the Town's MS4. Any connection, pipe, hose, swale, or other conveyance underground or above ground that is not documented on plans, maps, or equivalent records approved by the Town Engineer or other jurisdictionally appropriate agency, or that is not
209:183 § 275-14 RIVERHEAD CODE § 275-17 approved by a permit issued by the Town Engineer or other jurisdictionally appropriate agency, is considered unauthorized, regardless of whether the discharge is otherwise allowed by this article. UNCONTAMINATED — Free of pollutants or containing pollutants within acceptable limits as defined by the governing regulatory code. (See definition of "pollutant.") WASTEWATER — Water that is not stormwater, and that is adversely affected in quality by anthropogenic influence. This includes but is not limited to discharges resulting from residential, commercial, industrial, and agricultural water usage.
§ 275-15. Applicability. This article shall apply to discharged connections to the Town's MS4. This includes activities that result in discharge, seepage or deposition into the Town's MS4, and all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency and allowed by a discharge or connection permit or other document approved by the jurisdictionally appropriate agency. This article shall also apply to discharges and connections entering via another MS4 that is tributary to the Town's MS4.
§ 275-16. Responsibility for administration. The Town Engineer of the Town of Riverhead, or duly authorized deputies, agents or representatives, is designated as the Stormwater Management Officer (SMO). The Town Engineer, duly authorized deputies, agents or representatives or employees of other Riverhead Town departments, as appropriate, shall administer, implement, and enforce the provisions of this article.
§ 275-17. Discharge prohibitions; exceptions. A. Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the Town's MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illicit (illegal) discharge to the MS4 is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this article, unless they are subsequently determined to be substantial contributors of pollutants: waterline flushing or other potable water sources, uncontaminated landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, uncontaminated crawl space or basement sump pump discharges, air-conditioning condensate, uncontaminated irrigation water, springs, water from individual residential car
209:184 § 275-17 ARCHITECTURAL REVIEW § 275-18
washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from firefighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws, codes and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article. (3) Dye testing in compliance with applicable state and local laws or codes is an allowable discharge, but requires a written notification to the SMO prior to the time of the test. B. The prohibition shall not apply to any discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws, codes and regulations, and provided that written approval has been granted for any discharge to the MS4 by the SMO.
§ 275-18. Unauthorized connections prohibited. A. Connections to the Town's MS4 without a permit are prohibited. (1) Any connection to the Town's MS4 is considered to be an unauthorized connection unless it has been approved by a permit issued by the SMO or documented on a plan or map that has been approved by the SMO. This constraint applies to all connections, permanent or temporary, regardless of whether the discharge is otherwise permitted by this article.
(2) The construction, use, maintenance or continued existence of unauthorized connections to the Town's MS4 is prohibited. (3) This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law, code or practices applicable or prevailing at the time of connection. (4) A person is considered to be in violation if a connection is made from his/her property to the Town's MS4 that is not authorized, or allows such a connection to continue. (5) The connection of interior floor, trench, or roof drains to the MS4 at the entrances to buildings or other structures is prohibited.
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B. Remedy unauthorized connections. Where the SMO has identified an unauthorized connection as defined in Subsection A(2) of this section, the SMO may require that a proper permit be obtained or that the connection be removed at the property owner's expense.
§ 275-19. Failing individual sewage treatment systems prohibited. No persons shall operate a failing individual sewage treatment system in areas tributary to the Town's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions: A. The backup of sewage into a structure. B. Discharges of treated or untreated sewage onto the ground surface. C. A connection or connections to the Town's MS4. D. Liquid level in the septic tank above the outlet invert. E. Structural failure of any components of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section. F. Contamination of off-site groundwater.
§ 275-20. Activities contaminating stormwater. A. Activities that are subject to the requirements of this article are those types of activities that: (1) Cause or contribute to a violation of the Town's MS4 SPDES permit. (2) Cause or contribute to the Town being subject to the special conditions as defined in § 275-14 of this article. (3) Cause or contribute to the Town's MS4 receiving pollutants as defined in § 275-14 of this article. (4) Cause or contribute to the Town's MS4 receiving discharges from an undocumented or unauthorized connection (whether permanent or temporary). B. Such activities include failing individual sewage treatment systems as defined in § 275-19 of this article, improper management of pet waste or any other activity that causes or contributes to violations of the Town's MS4 SPDES permit authorization. C. Upon notification to a person that he or she is engaging or has engaged in activities that cause or contribute to violations of the Town's MS4 SPDES permit authorization or cause or contribute to pollutants being discharged to the Town's MS4, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Town's MS4 SPDES permit authorization
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or causes or contributes to pollutants to be discharged or deposited into the Town's MS4.
§ 275-21. Prevention, control and reduction of stormwater pollutants. A. Best management practices. Where the SMO has identified illicit discharges as defined in § 275-14 of this article or activities contaminating stormwater as defined in § 275-20 of this article, the SMO may require implementation of best management practices (BMPs) to control those illicit discharges and activities. (1) The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials, pollutants or other wastes into the MS4 through the use of structural and nonstructural BMPs. (2) Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 275-14 of this article or an activity contaminating stormwater as defined in § 275-20 of this article, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. (3) Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. B. Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the Town's MS4 being subject to the special conditions as defined in § 275-14 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1) Maintain and operate individual sewage treatment systems as follows: (a) Have the septic tank professionally inspected annually to determine scum and sludge accumulation. A copy of the inspection report(s) shall be submitted to the SMO for review and determination of appropriate maintenance or remediation actions to be performed. These actions include, at a minimum: [1] Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee;
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(b) Avoid the use of septic tank additives; (c) Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes and household chemicals into the septic system; and (d) Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items into the septic system. (2) Repair or replace individual sewage treatment systems as follows: (a) In accordance with 10 NYCRR, Appendix 75-A, to the maximum extent practicable. (b) A design professional licensed and qualified to practice in New York State shall prepare design plans for any type of absorption field that involves: [1] Relocating or extending an absorption area to a location not previously approved for such. [2] Installation of a new subsurface treatment system at the same location. [3] Use of alternate system or innovative system design or technology. (c) A written certificate of compliance shall be submitted by the design professional to the SMO at the completion of construction of the repair or replacement system.
§ 275-22. Suspension of access to MS4. A. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize hazardous conditions which may adversely affect the health, safety, welfare, and property of residents of the Town. B. Suspension due to the detection of illicit discharge or unauthorized connection. Any person discharging to the Town's MS4 in violation of this article may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge or result in the remedy of an unauthorized connection. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and
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hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence, or that the discharger has obtained proper permission for the connection. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur or the unauthorized connection has not been sufficiently remedied. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SMO.
§ 275-23. Industrial or construction activity discharges. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the SMO prior to the allowing of discharges to the MS4.
§ 275-24. Connection permits. A. General. Any connection to the Town's MS4 requires a permit issued by the SMO. Applications for permits shall be made on forms provided by the SMO. Permit applications shall be supplemented by any plans, specifications, analyses, calculations or other information considered pertinent by the SMO. The Town considers connection to its MS4 as a last resort to solve flooding problems. Before approving a connection, the Town will require that applicants use on-site best management practices to detain and remediate stormwater and other authorized nonstormwater discharges to the maximum extent practicable. The SMO will assess the adequacy of the applicant's on-site stormwater management practices. B. Permit types. (1) General permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater discharge (per § 275-17A of this article) from properties occupied by private dwellings.
(2) Connection permit. An authorization for connection as well as discharge authorized under § 275-24 of this article, as well as for a discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Town Engineer. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property. (3) Special permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater discharge (per § 275-17A of this article) from all properties occupied by other than private dwellings.
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C. Permit fees. The following fee schedule: (1) General permit: (a) Application and filing fee: $25. (b) Inspection fee: none. (2) Connection permit: (a) Application and filing fee: $250. (b) Inspection fee: $500. (3) Special permit: (a) Application and filing fee: $250. (b) Inspection fee: $500. D. Inspection. All connections to the Town's MS4 shall be subject to the approval and inspection by the SMO and/or other appropriate agency as deemed necessary by the SMO. The applicant must notify the SMO at least 48 hours prior to commencing work and at least 48 hours prior to final restoration so that the inspection can be scheduled. E. Indemnification. The property owner shall indemnify and save the Town harmless from any loss, damage or expense, claims or suits arising out of and in conjunction with the installation and connection to the Town's MS4. In addition, the Town makes no guarantee that its MS4 will not become surcharged or otherwise overburdened and that water from the MS4 will not back up through the connection onto the owner's property. By making a connection, the applicant/owner assumes all of the risk and liability that may arise from it. F. Permit transfers. General permits may be transferred with the sale of a residential property, provided the use does not change. The new property owner shall comply with the terms and conditions of the transferred permit. Special permits are not transferable without approval of the SMO. G. Work within public roads. Any connection made within or involving work within a public road will also comply and be subject to any and all applicable codes and regulations pertaining to permits for work on and within public streets and roads. A permit under this article does not relieve the applicant from the permits under the foregoing codes and regulations. H. Other permits required. A connection permit issued pursuant to this article does not relieve the applicant from any and all other permits, permissions, or compliance with rules and regulations that may be required by federal, state, county, Town, and village government agencies or other public or private parties. This permit does not supersede any of the above.
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I. Permit rules and regulations. The SMO may promulgate rules and regulations for the permitting process within the constraints of this article.
§ 275-25. Access to facilities; monitoring of discharges. A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition that constitutes a violation of this article. B. Access to facilities. (1) The SMO shall be permitted to enter and inspect facilities, public and private, subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO. (2) Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article. (3) The Town shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the Town Engineer to conduct monitoring and/or sampling of the facility's stormwater or nonstormwater discharge. (4) The Town Engineer has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater and nonstormwater flow and quality shall be calibrated to ensure their accuracy. (5) Unreasonable delays in allowing the Town access to a facility subject to this article are a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the Town reasonable access to the facility for the purpose of conducting any activity authorized or required by this article. (6) If the SMO has been refused access to any part of the premises from which there exists a nonpermitted stormwater or nonstormwater discharge to the MS4, and he/she is able to demonstrate probable cause to believe that there may be a
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violation of this article, or that there is a need to inspect and/ or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.
§ 275-26. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the recovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the SMO in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the SMO within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained by the owner for at least three years.
§ 275-27. Enforcement; penalties for offenses. A. Notice of violation. (1) When the SMO finds that a person has violated a prohibition or failed to meet a requirement of this article or a permit issued pursuant to this article, he/she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation, any or all of the actions listed below:
(a) The elimination of illicit or unauthorized connections or discharges; (b) That violating discharges, practices, operations, activities, or connections shall cease and desist; (c) The abatement or remediation of stormwater pollution or contamination hazards and the restoration and/or remediation of any affected property; (d) The performance of monitoring, analyses, and reporting by a qualified professional; (e) Payment of a fine; and
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(f) The implementation of source control or treatment BMPs. (2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator. B. Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed two months, 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, punishable by a fine not less than $1,000 nor more than $2,500 or imprisonment for a period not to exceed two months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $2,500 nor more than $5,000 or imprisonment for a period not to exceed two months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation. To the extent that § 268 of the New York State Town Law limits the fine schedule for a violation of any local law, ordinance or regulation to a fine not exceeding $350 or imprisonment for a period not to exceed six months, 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, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, § 268 of the New York State Town Law is superseded, nunc pro tunc, for the protection and enhancement of the Town's physical and visual environment and for the protection, order, conduct, safety, health and well-being of persons or property therein, pursuant to the Town's powers under § 10, Subdivision 1(ii)a(3)(11) and (12), of the Municipal Home Rule Law, as well as Article 9, § 2(b)(3), and Article 9, § 3(c)(10), of the New York State Constitution. [Amended 12-16-2008 by L.L. No. 48-2008]
§ 275-28. Appeal of notice of violation. Any person receiving a notice of violation may appeal within 15 calendar days of its issuance. The SMO shall hear the appeal within 30 days after the filing of the appeal and, within five days of making his/her decision, issue
209:193 § 275-28 RIVERHEAD CODE § 275-31 a decision by certified mail to the discharger. The SMO may conduct the hearing and take evidence or may designate any officer or employee of the Town to do so.
§ 275-29. Corrective measures after appeal. A. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five business days of the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. B. If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the property owner.
§ 275-30. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
§ 275-31. Alternative remedies. A. Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney and concurrence of the SMO, where: (1) The violation was unintentional. (2) The violator has no history of previous violations of this article. (3) Environmental damage was minimal. (4) The violator acted quickly to remedy violation. (5) The violator cooperated in investigation and resolution. B. Alternative remedies may consist of one or more of the following: (1) Attendance at compliance workshops. (2) Storm drain stenciling or storm drain marking.
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(3) River, stream or creek cleanup activities. (4) Other public service which is consistent with the objectives of the Town's stormwater management program.
§ 275-32. Violations deemed public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
§ 275-33. Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
§ 275-34. Multiple jurisdiction. In the event that a discharge or connection constitutes a violation that is the responsibility of multiple MS4s, the violator may be subject to enforcement pursuant to any/all of the responsible MS4s' illicit discharge code or other relevant rules and regulations.
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Chapter 295
WETLANDS
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 219. Vegetation — See Ch. 287.
Flood damage prevention — See Ch. 233. Waterways and water-related activities — See Ch. 293. Stormwater management and erosion and sediment control — See Ch. 275. Zoning and land development — See Ch. 301.
§ 295-1. Findings; intent. A. The Town Board of Riverhead finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon, despoiling, polluting or eliminating many of its watercourses, tidal wetlands, freshwater wetlands, watershed lands, and other natural resources and processes associated therewith which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town. B. It is the intent of the Town Board to protect the citizens of the Town of Riverhead by providing for the protection, preservation, proper maintenance and use of its watercourses, tidal wetlands, freshwater wetlands, watershed lands, and other natural resources in order to minimize their disturbance, prevent damage from erosion, turbidity, siltation or saltwater intrusion, prevent the loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, prevent the danger of flood and storm tide damage and pollution and to otherwise protect the quality of watercourses, tidal wetlands, freshwater wetlands, watershed lands, underground water reserves, and beaches for their conservational, economic, aesthetic, recreational values and other public uses, and, further, to protect the Town's potable fresh water supplies from the dangers of drought, overdraft, pollution and misuse or mismanagement. Therefore, the Town Board declares that regulation of the watercourses, tidal wetlands, freshwater wetlands, and watershed lands of Riverhead Town is essential to the health, safety and economic and general welfare of the people of Riverhead Town, and for their interest.
§ 295-2. Title. This chapter shall be known and may be cited as the "Tidal and Freshwater Wetlands Law of the Town of Riverhead."
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§ 295-3. Definitions. The following terms, phrases, words and their derivatives shall have the meanings given herein: AGRICULTURAL ACTIVITY — A. The activity of an individual farmer or other landowner in: (1) Grazing and watering livestock; (2) Making reasonable use of water resources for agricultural purposes; (3) Harvesting the natural products of wetlands; (4) The selective cutting of trees; (5) The clear-cutting of vegetation, other than trees, for growing agricultural products; (6) Constructing winter truck roads of less than five meters (approximately 16 feet) in width for removing timber cut in accordance with Subsection A(4) of this definition, where construction is limited to cutting vegetation and compacting ice and does not alter water flows; (7) Operating motor vehicles for agricultural purposes; (8) Draining for growing agricultural products; (9) Erecting structures, including fences, required to enhance or maintain the agricultural productivity of the land; (10)Using chemicals and fertilizers according to normally accepted agricultural practices, in order to grow crops for human and animal consumption or use, in or adjacent to wetlands, where authorized by other state, federal or local laws, including application of stabilized sludge as fertilizer wherein applied at agronomic loading rates in accordance with a valid 6 NYCRR Part 360 or Part 364 landspreading permit; or (11)Otherwise engaging in the use of wetlands for growing agricultural products such as crops, vegetables, fruits or flowers; but B. Does not mean: (1) Clear-cutting trees; (2) Constructing roads that require moving earth or other aggregate or that alter water flow in any way deviates from Subsection A(6) of this definition; (3) Filling or deposition of spoil, even for agricultural purposes;
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(4) Mining; or (5) Erecting structures not required to enhance or maintain the agricultural productivity of the land. CLEARING — [Added 4-17-2007 by L.L. No. 10-2007] A. As applied to the act of clearing, the act of removing trees or any part thereof, brush, or other vegetation and/or ground cover from land, whether by any means, including but not limited to digging, scraping, cutting, brush hogging, bulldozing, burning, chemical removal or by any form of mechanical actions. As used herein, the term "ground cover" shall include naturally occurring understory vegetation (e.g., low bush blueberry or huckleberry) as well as leaf litter and other organic detritus. B. As applied to an area of land, all land which has been altered from its natural state by the removal of trees, brush, or other vegetation and/or ground cover. As used herein, the term "natural state" shall mean and refer to the natural condition of land without substantial alteration by human activity. COMPREHENSIVE PLAN — That Comprehensive Master Plan of the Town for the development of the entire area of the municipality showing existing and proposed facilities, endorsed by the Planning Board and adopted by the Town Board. ECOLOGICALLY SENSITIVE AREAS — Those areas with one or more of the following characteristics:[Added 4-17-2007 by L.L. No. 10-2007] A. High biological productivity and/or relatively intact natural processes. Examples include wetlands, creeks and areas within bays and harbors, and near-shore areas of widgeon grass and eelgrass. B. High-quality breeding or habitat value to wildlife or plants. C. Habitat that supports New York State protected species (endangered, threatened, rare). D. Areas identified in the regional or local plans as having exceptional aesthetic or scenic quality. E. Areas immediately adjacent to those identified in Subsection A, B or C. Changes in characteristics of these adjacent areas caused by direct or indirect activity can significantly impact the integrity of target systems. FLOODPLAIN — Any land area susceptible to being inundated by a one- hundred-year or five-hundred-year flood event as indicated on a Flood Insurance Rate Map for the Town of Riverhead as promulgated by the Federal Emergency Management Agency. FRESHWATER WETLANDS — Lands and waters as indicated on, but not limited to, the Freshwater Wetlands Map for Suffolk County promulgated by the Department of Environmental Conservation pursuant to the Freshwater
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Wetlands Act and the Riverhead Freshwater Wetlands Inventory (1979), as may be amended from time to time, which contain any or all of the following:[Amended 4-17-2007 by L.L. No. 10-2007] A. Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs," "streams" (whether natural or altered), and "flats" supporting aquatic or semiaquatic vegetation of the following types: (1) Wetland trees, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), tupelo (Nyssa sylvatica), black spruce (Picea mariana), swamp white oak (Quercus bicolor), green ash (Fraxinus pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina); (2) Wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), dogwoods (Cornus spp.), leatherleaf (Chamaedaphne calyculata), swamp azalea (Rhododendron viscosum), sweet pepperbush (Clethra alnifolia), and spice bush (Lindera benzoin); (3) Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites australis), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus), water plantain (Alisma plantago-aquafica) and sedges (Carex spp.); (4) Rooted, floating-leaved vegetation, including, among others, waterlily (Nymphaea odorata), watershield (Brasenia schreberi), and spatterdock (Nuphar spp.); (5) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza), and watermeal (Wolffia spp.); (6) Wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently waterlogged soil to give it a competitive advantage over other open land vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cutgrass (Leersia oryzoides), reed canarygrass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spike rush (Eleocharis spp.); (7) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla),
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leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), and cranberries (Vaccinium macrocarpon and V. oxycoccos); (8) Submergent vegetation, including, among others, pondweed (Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), watermilfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort (Nitella spp.), waterweeds (Elodea spp.), and water smartweed (Polygonum amphibium); B. Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficient long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet, and provided further that such conditions can be expected to persist indefinitely, barring human intervention; C. Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection A or by dead vegetation as set forth in Subsection B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation; and D. The waters overlying the areas set forth in Subsections A and B and the lands underlying the areas in Subsection C. INVASIVE VEGETATION — Vegetation that possesses both of the following traits:[Added 4-17-2007 by L.L. No. 10-2007] A. Nonnative (or alien) to the ecosystem under consideration. B. Capable of moving aggressively into a habitat and monopolizing resources such as light, nutrients, water and space to the detriment of other species. LOT AREA — The total horizontal area contained within and enclosed by the outer boundary lines of any lot; "lot area" shall not include that portion of a lot which contains a tidal or freshwater wetland as defined herein. MATERIAL — Includes but is not limited to soil, sand, gravel, clay, bog, peat, mud, debris and refuse or any other material, organic or inorganic. NATIVE VEGETATION — Vegetation comprised of plant species which are indigenous to Long Island and that under ordinary circumstances have proved to be locally noninvasive and which reasonably can be expected to naturally occur on a site.[Added 4-17-2007 by L.L. No. 10-2007] NATURAL DRAINAGE SYSTEM — Consists of those uplands and watercourses, including but not limited to those tidal wetlands designated on the New York State Department of Environmental Control Official Tidal Wetlands Map, freshwater wetlands designated on the Freshwater Wetlands Map for Suffolk County and the Riverhead Freshwater Wetlands Inventory (1979), as amended from time to time. Such lands and waters may include but are not limited to all uplands exhibiting 15% or greater slopes, all fresh,
209:200 § 295-3 ARCHITECTURAL REVIEW § 295-3 salt or brackish water, swamps, bogs, marshes, streams, vernal ponds, ponds and lakes, whether intermittently or permanently saturated or covered by ground, surface or tidal waters.[Amended 4-17-2007 by L.L. No. 10-2007] OPERATION — Use or activity, removal, deposition or construction operations, or all of these. PEAK LUNAR TIDES — Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON — Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof. REMOVE — Includes dig, dredge, suck, bulldoze, dragline or blast. TIDAL WETLANDS or WETLANDS — Any lands delineated as tidal wetlands on the Tidal Wetlands Map of Riverhead promulgated by the New York State Department of Environmental Conservation. Such lands shall comprise the following classifications as delineated on such map: A. COASTAL FRESH MARSH — The tidal wetland zone, designated FM on the Tidal Wetlands Map for Riverhead, found primarily in the upper tidal limits of river systems where significant freshwater inflow dominates the tidal zone. Species normally associated with this zone include narrowleaf cattail (Typha angustifolia), the tall brackish water cordgrasses (Spartina pectinata and/or S. cynosuroides), and the more typically emergent freshwater species such as arrow arum (Peltandra), pickerelweed (Pontederia), and cutgrass (Leersia). B. INTERTIDAL MARSH — The vegetated tidal wetland zone, designated IM on the Tidal Wetlands Map for Riverhead, lying generally between average high and low tidal elevation. The predominant vegetation in this zone is low marsh cordgrass (Spartina alterniflora). C. COASTAL SHOALS, BARS AND FLATS — The tidal wetland zone, designated SM on the Tidal Wetlands Map for Riverhead, that at high tide is covered by water, at low tide is exposed or is covered by water to a maximum depth of approximately one foot, and is not vegetated by low marsh cordgrass (Spartina alterniflora), except as otherwise determined in a specific case as provided in § 661.26 of the Tidal Wetlands-Land Use Regulations as promulgated by the Department of Environmental Conservation. D. LITTORAL ZONE — The tidal wetlands zone, designated LZ on the Tidal Wetlands Map for Riverhead, that includes all lands under tidal waters which are not included in any other category, except as otherwise determined in a specific case as provided in § 661.26 of the Tidal Wetlands-Land Use Regulations as promulgated by the Department of Environmental Conservation, provided there shall be no littoral zone under waters deeper than six feet at mean low water.
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E. HIGH MARSH or SALT MARSH — The normal uppermost tidal wetland zone, designated HM on the Tidal Wetlands Map for Riverhead, usually dominated by saltmeadow grass (Spartina patens) and spike grass (Distichlis spicata). This zone is periodically flooded by spring and storm tides and is often vegetated by low-vigor marsh grass (Spartina alterniflora) and seaside lavender (Limonium carolinianum). Upper limits of this zone often include blackgrass (Juncus gerardi), chairmarker's rush (Scirpus sp.), marsh-elder (Iva frutescens), and groundsel bush (Baccharis halimifolia). F. FORMERLY CONNECTED TIDAL WETLANDS — The tidal wetlands zone, designated FC on the Tidal Wetlands Map for Riverhead, in which normal tidal flow is restricted by man-made causes. Typical tidal wetland plant species may exist in such areas although they may be infiltrated with common reed (Phragmites australis). [Amended 4-17-2007 by L.L. No. 10-2007] UNITED STATES COAST AND GEODETIC SURVEY CONTOUR — Those elevations established on contour maps of the United States Coast and Geodetic Survey. UPLAND — Includes all lands at elevations above the most landward edge of the tidal marsh and/or above peak lunar tides or peak storm tides of record. WATERCOURSES — All permanent or intermittent water bodies other than tidal waters, including freshwater streams, marshes, swamps, bogs, vernal ponds, ponds and lakes.[Amended 4-17-2007 by L.L. No. 10-2007] WATERSHED LANDS — All land surface areas bounded peripherally by a water parting and draining ultimately to a particular watercourse. Such lands shall include all surface water catchment areas or drainage basins from which the watercourses are drawn via surface drainage. WETLANDS DELINEATOR — A wetlands delineator shall have the following qualifications: either a bachelors degree in wildlife management, fisheries management, forestry, ecology, hydrology or a closely related field; an associates degree in one of the above fields and two years' full-time experience in work closely associated with wetlands protection; and any other training and experience which assures a technical knowledge of wetlands and their functions and benefits.[Added 11-8-2006 by L.L. No. 43-2006]
§ 295-4. Permit required for certain acts. [Amended 4-17-2007 by L.L. No. 10-2007] It shall be unlawful for any person, without obtaining a written permit issued by the Town of Riverhead, to: A. Place or deposit, or permit to be placed or deposited, debris, fill or any materials, including structures, into or within 150 feet of the boundary of any freshwater wetlands, natural or altered drainage systems, or
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other watercourses, or within 300 feet of the boundary of any tidal water or tidal wetlands. B. Dig, dredge, clear any vegetation or in any other way alter or remove any material in or within 150 feet of any freshwater wetlands, natural or altered drainage systems, or other watercourses, or within 300 feet of the boundary of any tidal water or tidal wetlands. C. Plant, seed, cultivate or maintain, with the use of fertilizer or pesticide, any lands other than those exempted under § 295-5B(6), unless the occupier of the land maintains a natural buffer of at least 75 feet from any tidal water, tidal wetlands, freshwater wetlands, natural or altered drainage systems, or other watercourses. D. Construct groins, docks, bulkheads, dwellings, roads, or other nonaccessory use structures in or within 150 feet of the boundary of any freshwater wetlands, natural or altered drainage systems, or other watercourses, or within 300 feet of the boundary of any tidal water or tidal wetlands. E. Build, create, or install any new cesspool, septic tank, leaching field or other in-ground sewage or other waste disposal or storage system, including any pipe, conduit or other part thereof, or any aboveground or in-ground holding tank for any liquid other than water, upon, under, or within 150 feet of the boundary of freshwater wetlands, natural or altered drainage systems, or other watercourses, or within 300 feet of the boundary of any tidal water or tidal wetlands.
§ 295-5. Permitted acts. A. The acts set forth in § 295-4 are permissible if done pursuant to the terms and conditions of a permit approved by the board or department vested with the authority to review, approve, approve with conditions, or deny an application for the proposed activity or use and/or related to an activity or use, i.e., application to construct bulkhead on residential lot, Building Department; deposit fill within 150 feet boundary of freshwater wetlands related to a site plan, Planning Board. To the extent the provisions of the Town Code do not identify the board or department vested with the authority to review, approve, approve with conditions, or deny the application, the Town Board shall have the authority to approve, approve with conditions or deny the application. As set forth in the provisions below, the Planning Department, acting on behalf of the board or department vested with the authority to render a decision to approve, approve with conditions, or deny the application, shall refer all applications to the Conservation Advisory Council for report and recommendation. [Amended 9-3-2014 by L.L. No. 12-2014] B. The following operations and uses are permitted in the tidal waters, tidal wetlands, freshwater wetlands, natural drainage systems, or other watercourses as a matter of right, subject to the provisions of § 295-4:
209:203 § 295-5 RIVERHEAD CODE § 295-6
(1) Conservation of soil, vegetation, water fish, shellfish and wildlife. (2) Outdoor recreation, including play and sporting areas, field trials, nature study, hiking, horseback riding, swimming, skindiving, camping, boating, waterskiing, trapping, hunting, fishing and shellfishing where otherwise legally permitted and regulated. (3) Operation of dams and other water-control devices, including temporary alteration or diversion of water levels or circulation for emergency, maintenance or aquaculture purposes. (4) Boat anchorage or mooring. (5) Uses accessory to residential or other permitted primary uses of adjoining lands or waters, provided that they are consistent with the intent and objectives of this chapter. (6) Agricultural activities are exempt in accordance with NYS Environmental Conservation Law Article 24, Title 5, and Title 7, § 24-0701. C. Portions of any single lot or subdivision within tidal waters, tidal wetlands, freshwater wetlands, natural drainage systems, or other watercourses may not be used in calculating the area and yard requirements for the zoning district in which the remainder of the lot or subdivision is situated. D. The valuation placed on lands within tidal waters, tidal wetlands, freshwater wetlands, natural drainage systems, or other watercourses for purposes of real estate taxation shall take into account and be limited by the limitation on future use of such land, provided that the landowner grants to the Town a permanent scenic or conservation easement to run with the land. Such easement shall not necessarily include public access, but shall give to the Town all development and management rights upon the land subject to the easement. The value of such easement shall be a legal income tax deduction subject to Internal Revenue Code, B, Statutes and Rulings, § 170, Charitable, etc., Contributions and Gifts.
§ 295-6. Application for permit. A. All applications for a permit to do any of the acts regulated or permitted by §§ 295-4 and 295-5 shall present an original and three copies of the completed application, together with other required information outlined in this chapter, to the Planning Department and an application fee of $100. All applications and copies thereof must be accompanied by or include the following information: [Amended 11-8-2006 by L.L. No. 43-2006; 4-17-2007 by L.L. No. 10-2007; 9-3-2014 by L.L. No. 12-2014] (1) The name and address of the applicant and the applicant's agent, if any, and whether the applicant is the owner, lessee, licensee, etc. If
209:204 § 295-6 ARCHITECTURAL REVIEW § 295-6
the applicant is not the owner, the written consent of the owner, duly acknowledged, must be attached. (2) The purpose of the proposed removal or deposition operations, use or activity. (3) The amount of material proposed to be removed or deposited or the type of use. (4) A description of the area in which such removal, deposition or use is proposed. The description shall be by bearing distance and based upon the Lambert Projection. North and east coordinates of the starting point shall be given. (5) The depth to which removal or deposition operations are proposed and the angle of repose of all slopes, including deposited materials and sides of channels or excavations resulting from removal operations. (6) The manner in which material will be removed or deposited, structure installed or use carried out. (7) In the case of an application for a permit to clear native vegetation under § 295-4, the application must contain: (a) The location of all existing and proposed buildings, structures, utility lines, sewers, water and storm drains, easements, roads, trails, rights-of-way and utilities on the property or within 150 feet of the boundary of a freshwater wetland or 300 feet within a boundary of a tidal wetland. (b) The location of all existing and proposed impervious surfaces such as driveways, sidewalks, etc., on the property. (c) The location and types of all existing and proposed vegetation and shrub masses, as well as all trees with a diameter of six inches or more within the property. This section should include a detailed description of the clearing proposed and diagrams of native vegetation cover on the property before and after the proposed clearing. (d) The location of all ecologically sensitive areas, including critical wildlife habitat and a listing of wildlife species that utilize the habitat. (e) The locations of bluff line or primary dune crest, if applicable. (f) The flood zone designation according to FEMA, if applicable. B. The permit application shall be accompanied by: (1) A survey and topographical map, with contours shown at two-foot intervals and the area of removal, deposition, use or construction indicated.
209:205 § 295-6 RIVERHEAD CODE § 295-7
(a) All maps shall be certified by a registered land surveyor or professional engineer, both licensed in the State of New York. (b) The survey and topographical map shall show the boundary of relevant wetlands. The soundings, depth or height of the proposed removal and deposition area will also be indicated on the survey. The vertical control for elevation and soundings shall be based upon United States Coast and Geodetic Survey datum. (c) If the site in question is affected by tidal waters, the floodplain elevations will be indicated on the submitted topographic map. (2) The names and addresses of all owners of lands contiguous to lands and waters where proposed operations will take place. (3) A listing of the predominant tidal or freshwater wetland plant species on site. (4) A performance bond or other security representing no more than 5% of the estimated cost of the proposed operation as designated by the Town Board. C. This chapter does not obviate the necessity for the applicant to obtain the assent of or a permit required by any other agency before proceeding with operations under an approved Town Board permit. Approvals or permits which may be required by the Town Board, New York State Department of Environmental Conservation, Suffolk County Department of Health Services, State Water Resources Commission, Army Corps of Engineers or others are solely the responsibility of the applicant. No operations shall be initiated by the applicant until such other permits as may be required are issued. D. All applications for building permits, proposed subdivision maps or any development within 150 feet of the boundary of freshwater wetlands, natural or altered drainage systems, or other watercourses, or within 300 feet of the boundary of any tidal water or tidal wetlands, shall be reviewed by the Town Conservation Advisory Council. The Council shall file its report with the Town Board as provided in § 295-7B. [Amended 4-17-2007 by L.L. No. 10-2007]
§ 295-7. Procedure for issuance of permit; display of permit; inspections. A. The Director of the Planning Department shall retain the original permit application for his/her files and distribute one copy each to the board or department vested with the authority to make a decision to approve, approve with conditions or deny the application, the Conservation Advisory Council, and any other board, department or agency deemed interested or involved in the application. [Amended 4-17-2007 by L.L. No. 10-2007; 9-3-2014 by L.L. No. 12-2014]
209:206 § 295-7 ARCHITECTURAL REVIEW § 295-7
B. The Conservation Advisory Council shall commence review within 30 days of referral from the Planning Department. The Conservation Advisory Council shall issue a report and recommendation to approve, approve with conditions or deny the application within 60 days from the initial referral to the Conservation Advisory Council. In the event that an application is determined to be incomplete and/or additional information is requested by the Conservation Advisory Council, the Conservation Advisory Council shall advise the applicant within 30 days from the date of referral and grant applicant 30 days to provide the information and/or supplement the application. The sixty-day time period to issue a report and recommendation shall not apply where an environmental impact statement is to be prepared by the applicant, in which case said sixty-day period shall not commence until a final environmental impact statement has been accepted by the lead agency exercising jurisdiction over the project. [Amended 9-3-2014 by L.L. No. 12-2014]
C. The Conservation Advisory Council shall deliver a copy of the report and recommendation to the Planning Department, and, in turn, the Planning Department shall deliver a copy to the board or department vested with authority to approve, approve with conditions, or deny the application and mail a copy to the applicant within five days of receipt of the Conservation Advisory Council's report and recommendation. The Town Board, Planning Board, or Building Department, as the case may be, may approve, modify or reject the recommendation of the Conservation Advisory Council within 15 days of receipt of the report and recommendation. Such fifteen-day period shall commence upon the lapse of three days from mailing of a copy of the decision of the Conservation Advisory Council to the applicant or service upon the board or department, whichever shall be later. In the event that the board or department seeks to modify or reject the recommendation of the Conservation Advisory Council, the board or department shall publish its decision, including its findings of fact and conclusions, in the official newspaper of the Town, except an application within the jurisdiction of the Town Board shall require that the Town Board hold a public hearing upon reasonable notice published in the official newspaper of the Town prior to modification or rejection of the Conservation Advisory Council's recommendation. The Town Board shall, after the required public hearing, then render a decision to deny, approve or approve with conditions the permit application. In rendering a decision of approval, approval with conditions or denial of a permit, the Town Board shall state, in writing, its findings of fact and conclusions. The decision shall be transmitted to the Town Clerk, who will advise the applicant of such decision by transmitting a copy of the permit application to the applicant, together with the decision and conditions, if any, imposed by the Town Board. [Amended 9-3-2014 by L.L. No. 12-2014] D. All decisions regarding a permit application shall be judicially reviewable. [Amended 9-3-2014 by L.L. No. 12-2014]
209:207 § 295-7 RIVERHEAD CODE § 295-8
E. Based upon the proceedings and decision of the court in the event a taking is declared, the Town may, within the time specified by the court, elect to: (1) Institute condemnation proceedings to acquire the applicant's land in fee by purchase at the fair market value. (2) Approve the permit application with lesser restrictions or conditions. (3) Invalidate all conditions and the application of this chapter to the plaintiff's land and grant a permit without conditions. F. The permit holder or his agent shall keep posted, in a conspicuous place on the work site, the permit card and shall keep the same posted until the completion of the work. [Amended 11-8-2006 by L.L. No. 43-2006] G. Operations conducted under the permit shall be open to inspection at any time by any agency or agent of Riverhead Town. H. The boundaries of the wetlands must be clearly indicated in the field for the purposes of inspection by any agency or agent of Riverhead Town.
§ 295-8. Standards for issuance of permit to clear native vegetation. [Added 4-17-2007 by L.L. No. 10-2007] A. The Conservation Advisory Council shall use the following criteria when evaluating an application for a permit under § 295-7 to clear native vegetation, unless the applicant demonstrates that the proposed clearing: [Amended 9-3-2014 by L.L. No. 12-2014] (1) Will not result in net loss of wetland functions and values; (2) Will not adversely affect the conservation of fish or wildlife or their habitats, or adversely affect recreational fisheries or their habitats; (3) Will not adversely impact protected species or their habitat;
(4) Incorporates into the design alternatives and modifications to avoid or mitigate impacts to native vegetation; (5) Complies fully with the preservation and restoration priorities of Chapter 287 of the Riverhead Town Code; (6) Includes all reasonable mitigation measures to ensure that native vegetation and/or its benefits will not be adversely affected; and (7) Stormwater runoff shall not be diverted so as to impact existing or natural altered drainage systems, create flooding, cause erosion or cause the need for additional drainage facilities on other private or public real property.
209:208 § 295-8 ARCHITECTURAL REVIEW § 295-10
B. Nothing shall preclude the Town from requiring reasonable measures to avoid, minimize or mitigate adverse impacts to native vegetation created by the proposed use or activity as it deems necessary to implement the intent of this chapter.
§ 295-9. Compliance with conditions. A. The permit applicant, upon approval of a permit, shall file with the Town Clerk a performance bond, if required, in an amount and with sureties and in a form approved by the Town Board. The bond and sureties shall be conditioned upon compliance with all provisions of this chapter and conditions imposed upon permit approval. B. The applicant shall certify that he has public liability insurance against any liability which might result from proposed operations or use covering any and all damage which might occur within three years of completion of such operations. The amount of liability insurance coverage shall be a minimum of $500,000 for all accidents resulting in bodily injury or death and $100,000 for property damage. C. The applicant shall also submit to the Town Clerk an affidavit which indemnifies and saves harmless the Town or any agency or agent thereof from any claims arising out of or connected with operations under the permit and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees. D. In the case of removal, deposition, placement of structures and other operations or uses permitted within tidal waters, tidal wetlands, freshwater wetlands, natural drainage systems or other watercourses, the Town Board shall reserve the right to require payments to the Town in an amount and in such manner as the Town Board shall direct. E. The Town Board shall reserve the right to require a permit or license for any operations or uses permitted in the tidal waters, tidal wetlands, freshwater wetlands, natural drainage systems, or other watercourses.
§ 295-10. Enforcement; penalties for offenses. A. The provisions of this chapter shall be enforced by any Code Enforcement Official or police officers of the Town of Riverhead, who shall be authorized to issue appearance tickets to violators at the site of the violation. [Amended 11-8-2006 by L.L. No. 43-2006] B. A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $5,000 or imprisonment for a period not to exceed six months, or both. Each day's continued violation of this chapter will constitute a separate additional violation. [Amended 11-8-2006 by L.L. No. 43-2006] C. Nothing herein will prevent the proper local authorities of the Town from taking such other lawful actions or proceedings as may be necessary to restrain, correct or abate any violation of this chapter.
209:209 § 295-10 RIVERHEAD CODE § 295-12
D. Any person, firm, corporation or entity violating the provisions of this chapter shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation. E. In addition to any penalties, fines, forfeitures or injunctions that may be imposed pursuant to this § 295-10, an applicant who files an application for a permit pursuant to § 295-7, after a violation of this chapter has occurred, shall pay an application fee of $300 in addition to the application fee of $100 provided for in § 295-6. [Amended 11-8-2006 by L.L. No. 43-2006]
§ 295-11. Continuation of existing or prior conditions. Any structures, dwellings, construction or operations existing within tidal waters, tidal wetlands, freshwater wetlands, natural drainage systems, or other watercourses shall be exempt from this chapter and permitted to continue, provided that: A. No new construction, structures, dwellings or operations will be permitted after the effective date of this chapter, except by permit as provided herein. B. Where damage or hazardous conditions exist, the landowner may be required by the Town Board to repair such damage or remedy such hazardous conditions as the Town Board may direct.
§ 295-12. Emergency and minor maintenance exceptions. Notwithstanding anything in this chapter to the contrary, no permit in accordance with § 295-4 shall be required for: A. The placement, restoration or rehabilitation, in place and in kind, of a documented existing coastal erosion structure, dock, piling or dolphin which has been damaged or destroyed, provided that a building permit is first obtained for such repair, replacement, restoration, or rehabilitation, and provided further that application for such building permit has been made within one year of the occurrence of the damage or destruction necessitating the proposed work, and providing the materials to be used, method of installation and disposal of material removed are approved in writing by the Building Department. B. Minor maintenance, in place and in kind, to any documented existing coastal erosion structure or dock, provided that each of the following conditions are satisfied: (1) The maintenance work proposed does not exceed an aggregate of 25% of the total existing dock or linear footage of bulkhead; (2) The materials to be used, method of installation and disposal of material removed are approved in writing by the Building Department;
209:210 § 295-12 ARCHITECTURAL REVIEW § 295-13
(3) A building permit is first obtained incorporating such reasonable conditions as may be necessary; and (4) No minor maintenance building permits totaling an aggregate of more than 25% have been issued within the prior three years.
§ 295-13. Freshwater Wetlands Inventory amendments. [Added 11-8-2006 by L.L. No. 43-2006] The Town of Riverhead Freshwater Wetlands Inventory may be amended from time to time either by Town Board initiative or at the request of the property owner or his/her authorized agent. The procedures and criteria for amending the Town of Riverhead Freshwater Wetlands Inventory are set forth below. A. Amendment through Town Board initiative. The Town may undertake amendments to its Freshwater Wetlands Inventory (1979) on its own initiative when the Town Board receives verifiable information and adopts a resolution indicating that: (1) New wetlands exist within the Town which were inadvertently excluded from the Town's Freshwater Wetlands Inventory; or (2) Technical adjustments to the boundaries of existing mapped wetlands are required due to significant changes in the nature of the wetland; or (3) It is appropriate to delete wetland areas shown on the Freshwater Wetlands Inventory that no longer meet the statutory definition of a "wetland." B. Amendment requested by property owner. Amendment to the Town's Freshwater Wetlands Inventory may be requested by a property owner or by an authorized agent requester thereof by submitting a formal request in writing to the Riverhead Town Clerk. The Riverhead Town Clerk shall supply a form for such requests. Said form request shall include the following information:
(1) Name, address and telephone number of property owner and agent (if any). (2) A photocopied Tax Map identifying the area to be investigated. (3) A copy of the deed to property. (4) A copy of the current tax bill for the subject property. (5) A list of the names and addresses of all adjoining property owners. (6) An indication as to whether the requester wishes to be present for the field visit or for a field review of flagged boundary. (7) An authorization and hold harmless agreement authorizing the Town of Riverhead to enter upon the subject property. 209:211 § 295-13 RIVERHEAD CODE § 295-13
(8) A completed short environmental assessment form. C. The procedure for amending the Freshwater Wetlands Inventory by local law is as follows: (1) Upon receipt of a request pursuant to Subsection A, the Town shall notify the owner of the property upon which the reputed wetland exists (or no longer exists) of the request. The notification to the property owner shall include a copy of the Town Board's request for permission to enter upon the property to examine the reputed wetland area. (2) Upon receipt of permission as set forth in Subsection C(1) above or a request pursuant to Subsection B above, the Town Board shall engage a qualified wetlands delineator who shall examine the wetland(s) proposed to be included on the Town's Freshwater Wetlands Inventory who shall prepare a report indicating his or her findings with respect to the reputed wetland and a determination as to whether the area examined meets the definition of a "freshwater wetland" as set forth in this chapter. (3) Should the report and findings of the wetlands delineator reveal that an amendment to the Freshwater Wetlands Inventory is appropriate, the Town Board shall cause a survey to be prepared showing the wetland(s) proposed to be included in or deleted from the Freshwater Wetlands Inventory. The survey shall contain all required survey data and indicate topography with two-foot contour intervals as well as the location of other mapped wetlands existing on the subject property and any structures (including drainage or other infrastructure) existing on the property. (4) Upon completion of the wetland survey, the Town Board shall cause a public hearing to be held to consider the proposed Freshwater Wetlands Inventory Map amendment. Written notice of the public hearing together with a brief description of the action proposed to be taken and a copy of the survey shall be published in the official newspaper of the Town and mailed by certified mail to all adjoining property owners and the Department of Environmental Conservation Division of Freshwater Wetlands at least 10 days prior to the scheduled hearing date. D. Adoption of amendments to Freshwater Wetlands Inventory. (1) Following the public hearing and review of the information supplied in the request, the investigation, report and findings of the wetlands delineator, the survey, the testimony given at the public hearing, and any other relevant information, the Town Board may adopt a local law amending the Freshwater Wetlands Inventory Map of the Town. (2) Notice of the adoption of the local law amending the Freshwater Wetlands Inventory shall be published as required by law and shall
209:212 § 295-13 ARCHITECTURAL REVIEW § 295-13
be delivered to the owner of the property on which the subject wetland is located on and the Department of Environmental Conservation by certified mail. The local law shall also be filed with the Secretary of State of the State of New York as required by law.
209:213 Chapter 301
ZONING AND LAND DEVELOPMENT
GENERAL REFERENCES
Agricultural lands — See Ch. 201. Landmarks and historic districts — See Ch. 241. Architectural review — See Ch. 209. Mobile homes and travel trailer parks — See Buildings, building construction and Ch. 249. improvements and housing standards — See Ch. 217. Noise, public nuisances and property maintenance — See Ch. 251. Coastal erosion hazard areas — See Ch. 219. Rental dwelling units — See Ch. 263. Community preservation; open space — See Ch. 221. Stormwater management and erosion and sediment control — See Ch. 275. Excavation and grading — See Ch. 229. Wetlands — See Ch. 295. Flood damage prevention — See Ch. 233.
301:1
§ 301-1 ZONING AND LAND DEVELOPMENT § 301-3
Part 1 General Provisions
ARTICLE I Title, Purpose, Definitions and Interpretation
§ 301-1. Title. This chapter shall be known and cited as the "Zoning Ordinance of the Town of Riverhead, Suffolk County, New York."
§ 301-2. Purpose. The purpose of this chapter is to regulate and restrict the height, number of stories and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts and other open spaces; the density of population; and the location and use of buildings, structures and land for trade, industry, residence and other purposes; and to establish the boundaries of districts for said purposes so as to promote the health, safety, morals and general welfare of the Town of Riverhead, with reasonable consideration, among other things, of the character of a district and its peculiar suitability for particular uses and of the conservation of property values; and to encourage the most appropriate use of land in the Town of Riverhead in accordance with a Comprehensive Plan.
§ 301-3. Definitions; word usage. [Amended 12-5-1972; 6-17-1975; 6-15-1976; 12-21-1976; 5-17-1977; 7-3-1979; 1-29-1981; 3-3-1981; 11-17-1981; 12-15-1981; 4-8-1982; 8-17-1982; 10-5-1982; 1-17-1984; 12-1-1987; 1-5-1988; 3-20-1990; 8-7-1990; 5-21-1991; 8-6-1991; 9-15-1992; 3-1-1994; 7-19-1994; 7-18-1995 by L.L. No. 4-1995; 2-18-1997; 10-1-2002 by L.L. No. 31-2002; 5-6-2003 by L.L. No. 5-2003; 6-17-2003 by L.L. No. 6-2003; 6-22-2004 by L.L. No. 14-2004; 4-19-2005 by L.L. No. 8-2005; 5-3-2005 by L.L. No. 13-2005; 7-19-2005 by L.L. No. 28-2005] A. General construction of language. The following rules of construction apply to the language of this chapter: (1) The specific shall control the general. (2) All words used in the present tense include the past and the future tense. (3) All words in the singular number include the plural number, and vice versa, unless the natural construction of the wording indicates otherwise. (4) Words used in the masculine gender include the feminine and neuter, and vice versa, unless the natural construction of the wording indicates otherwise.
301:3 § 301-3 RIVERHEAD CODE § 301-3
(5) The word "shall" is mandatory; the word "may" is permissive. (6) The word "includes" shall not be limited to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind or character. (7) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," or "either. . . or," the conjunction shall be interpreted as follows: (a) "And" indicates that all of the connected items, conditions, provisions or events shall apply. (b) "Or" indicates that the connected items, conditions, provisions or events shall apply singly, but not necessarily in combination. (c) "Either. . . or" indicates that the connected items, conditions, provisions or events shall apply, but not in combination. (8) A "building" or "structure" includes any part thereof. (9) The words "lot," "plot" and "tract of land" shall each include the other. (10) The word "premises" shall include land and any improvements thereon. (11) References made to "officials" and "official bodies" shall mean officials and official bodies of the Town of Riverhead, unless the natural construction of the wording indicates otherwise. (12) Unless otherwise specified, all distances shall be measured horizontally. (13) In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control. B. Except as set forth in other articles of this chapter, as used in this chapter, certain terms and words are herewith defined as follows: [Amended 10-18-2005 by L.L. No. 49-2005; 10-18-2005 by L.L. No. 51-2005; 1-17-2006 by L.L. No. 1-2006; 4-18-2006 by L.L. No. 16-2006; 5-16-2006 by L.L. No. 17-2006; 12-5-2006 by L.L. No. 49-2006; 5-16-2007 by L.L. No. 15-2007; 6-19-2007 by L.L. No. 17-2007; 9-17-2007 by L.L. No. 26-2007; 2-6-2008 by L.L. No. 2-2008; 3-18-2008 by L.L. No. 10-2008; 10-7-2008 by L.L. No. 36-2008; 9-15-2009 by L.L. No. 49-2009; 12-1-2009 by L.L. No. 63-2009; 5-18-2010 by L.L. No. 11-2010; 3-4-2014 by L.L. No. 1-2014; 7-15-2014 by L.L. No. 6-2014; 7-15-2014 by L.L. No. 8-2014; 10-7-2014 by L.L. No. 14-2014; 5-20-2015 by L.L. No. 6-2015; 7-7-2015 by L.L. No. 9-20151]
301:4 § 301-3 ZONING AND LAND DEVELOPMENT § 301-3
ACCESSORY BUILDING, STRUCTURE OR USE — A building, structure or use customarily incidental and subordinate to the principal building or use and located on the same lot as such principal building or use. ACCESSORY FACILITY — A building or structure that serves the principal use, which is subordinate in area, extent and purpose to the principal use and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds. ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age. ADULT DRIVE-IN THEATER — A drive-in theater that customarily presents motion pictures that is not open to the public generally but excludes any minor by reason of age. ADULT ENTERTAINMENT CABARET — A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishments are customarily not open to the public generally but exclude any minor by reason of age. ADULT MOTEL — A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age. ADULT THEATER — A theater that customarily presents motion pictures, films or videotapes or slide shows that is not open to the public generally but excludes any minor by reason of age. AFFORDABLE ASSISTED-LIVING RETIREMENT COMMUNITY or AFFORDABLE CONTINUING-CARE RETIREMENT COMMUNITY — An assisted-living retirement community or continuing-care retirement community in which a minimum of 75% of the residents thereof have an income at or less than 110% of median household income for the County of Suffolk as determined by the United States Census Bureau. AGRICULTURAL PRODUCTION — The production for commercial purposes of all crops, livestock and livestock products, including but not limited to the following: (1) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans. (2) Fruits, including apples, peaches, grapes, cherries and berries.
1. Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:5 § 301-3 RIVERHEAD CODE § 301-3
(3) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. (4) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (5) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs. (6) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump. (7) Commercial horse-boarding operations. AGRICULTURAL STRUCTURE — A structure, including a fence, designated and constructed to contain or house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, grown (i.e., greenhouses), treated or packaged, nor shall it be a place used by the public. AGRICULTURAL WORKER HOUSING — Any area of land and all buildings or other structures pertaining thereto, any part of which may be occupied by persons employed as laborers in farm activities in the Town of Riverhead who are provided with sleeping facilities, in whole or in part, by the owner without a stipulated agreement as to the duration of their stay or whether or not they are supplied with meals, but who are supplied with such services or facilities as are necessary for agricultural production on the owner's property. AIRPORT — Any landing area used regularly by aircraft for receiving or discharging passengers or cargo or for the landing and takeoff of aircraft being used for personal or training purposes. ALTERATIONS, STRUCTURAL — Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, which changes the dimensions of a building. ALTERNATIVE TOWER STRUCTURE — Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. ANTENNA — Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. APARTMENT HOUSE — A dwelling for three or more families living independently of each other. APARTMENTS, GARDEN — A group of buildings not more than 2 1/2 stories in height, each building containing not more than eight dwelling
301:6 § 301-3 ZONING AND LAND DEVELOPMENT § 301-3
units. If buildings are attached, they shall not contain in the aggregate more than 16 dwelling units. No portion of any such building below the first story or above the second story shall be used for dwelling purposes. ARCADE — A building or portion of a building housing amusement devices or machines operated by the insertion of either cash or tokens intended for the amusement of a patron, including, but not limited to, sports-related games, computer games, video games and other similar games. An arcade is not considered to be an indoor recreation facility. AREA LIGHT — A luminaire equipped with a lamp that produces over 1,800 lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights. ARTIST — A person who is regularly engaged in the fine arts, such as painting and sculpture, or in the performing or creative arts, including choreography and filmmaking, or in the composition of music on a professional basis, and is so certified by the ownT Board. ARTIST DWELLING — A building or a portion of a building used as an accessory residence to a studio or gallery. ASSISTED-LIVING RETIREMENT COMMUNITY — A facility which provides for a combination of the following land uses: (1) ADULT CARE FACILITY — A facility that provides residential care and services either as an adult home, an enriched housing program or family-type home for adults authorized and enabled by New York Social Services Law § 461-b for senior individuals 65 years and older who are unable to live independently. (2) ADULT DAY-CARE FACILITY — A nonresidential program of services for seniors that provides opportunities for social interaction, recreational facilities, meals, transportation and personal care and supervision for those seniors with functional limitations and disabilities on a nonresidential basis. (3) ASSISTED-LIVING RESIDENCE — A facility consisting of dwelling units that is certified by the New York State Department of Health to provide residential long-term care, supervision and services which include case management, twenty-four-hour on-site monitoring, meals, housekeeping, laundry services, recreational and social activities, wellness and transportation for those seniors 65 years of age and older who need assistance with daily living activities as authorized and mandated by the New York Public Health Law, Article 46-B. AVERAGE HORIZONTAL FOOTCANDLE — The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground. BASEMENT — That space of a building that is partly below grade and which has more than half of its height, measured from floor to
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ceiling, above the average established curb level or finished grade of the ground adjoining the building. BED-AND-BREAKFAST — A use accessory to and located within a one- family dwelling where rooms are rented to guests for a maximum stay of two weeks and where meals produced on premises shall only be provided to those individuals staying at the bed-and-breakfast. The maximum number of rented rooms permitted in a bed-and-breakfast shall be limited to five. BEER — A fermented beverage of any name or description manufactured from malt, wholly or in part, or from any substitute therefor. BISTRO/CAFE — An eating establishment of 50 seats or less, whether indoor or outdoor, without drive-through or drive-in service. BOARDINGHOUSE — Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished-room house shall be deemed a boardinghouse. BOATYARD — A facility for servicing all types of watercraft as well as providing supplies, provisions, storage and fueling facilities, and with facilities for the retail sale of boats, motors and marine equipment. BODY AND FENDER REPAIR SHOP — The business use of premises, the sole purpose of which is the alteration, replacement or painting of the nonmechanical parts of a motor vehicle. BREEZEWAY — An unenclosed structure, open to the outdoors, covered by a solid and impermeable roof assembly, as defined by the Residential Code of New York State, projecting from the outside wall of a building, not to exceed a width and length of eight feet by 25 feet, connecting a garage or other accessory building with a dwelling. Other types of attachments which extend more than 25 feet, or exceed 200 square feet in area, shall not attach a main building to a separate building unless such attachment meets the requirements of occupiable or habitable floor area. BREW PUB — An establishment where food and beverages are sold (restaurant) with the ability to make or brew beer and malt beverages from crops grown in New York in an amount not to exceed 5,000 barrels annually. A brew pub may offer beer for consumption on site and offer for sale for off-site consumption limited to 250 barrels of beer annually or offer to licensed retailers or wholesalers limited to 1,000 barrels of beer annually. BUILDING — A structure having a roof supported by walls, and when separated by a party wall without openings, it shall be deemed a separate building. A "building" shall include tents and lunch wagons, dining cars, camp cars, travel trailers, mobile homes and other structures on wheels or other supports if used for business or living purposes.
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BUILDING AREA — The aggregate of the maximum horizontal cross- sectional area of a building on a lot, excluding cornices, eaves, gutters, steps, uncovered porches and covered but unenclosed porches on the first story projecting not more than five feet, and excluding terraces. BUILDING, FRONT LINE OF — The line of that face of the building nearest the street line of the lot. BUILDING HEIGHT — The vertical distance from the mean level of the ground surrounding the building to the highest point of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar permitted projections shall not be included in the height. BUILDING LINE — That line of a building on a lot, excluding cornices, eaves, gutters and chimneys projecting not more than 18 inches, and excluding steps, uncovered porches and covered but unenclosed porches on the first story projecting not more than five feet, and excluding terraces. BUILDING TRADE SHOP — A building or part thereof which may include office space, storage and preparation space for use by the practitioner of a building trade such as a builder, carpenter, cabinetmaker, electrician, mason, painter, paperhanger, plumber, roofer or sign painter and such other trades primarily concerned with the construction and finishing of buildings. CATERING FACILITY — A nonresidential structure, whether temporary or permanent, used more than one time per calendar year for the purpose of hosting private parties, private weddings and/or other private events where 25 or more guests or attendees are expected and where food is provided. CELLAR — That space of a building that is partly or entirely below grade and which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. CENTRAL PINE BARRENS AREA — The area of the Town defined in § 57-0107, Subdivision 10, of the New York State Environmental Conservation Law, as the same may be amended from time to time. CEO (CERTIFIED CODE ENFORCEMENT OFFICIAL) — An employee of the Town who has been trained as an enforcement official pursuant to Article 18 of the New York State Executive Law. CIDER — The partially or fully fermented juice of fresh, whole apples or other pome fruits, containing more than 3.2% but not more than 8.5% alcohol by volume: (1) To which nothing has been added to increase the alcoholic content produced by natural fermentation; and (2) With the usual cellar treatments and necessary additions to correct defects due to climate, saccharine levels and seasonal conditions.
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CLASS A OFFICE SPACE — Space within buildings constructed with state-of-the-art functionality and architectural design, infrastructure, life safety and mechanical systems. Buildings are characterized as having excellent location and access, attract high-quality tenants and are managed professionally. CLUB/SPA — An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted entirely for gain, provided that there are no vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club. COMMERCIAL HORSE-BOARDING OPERATION — An agricultural enterprise, consisting of at least 10 acres and boarding at least 10 horses, regardless of ownership. Under no circumstances shall this use be construed to include operations whose primary on-site function is horse racing. COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEM — An arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. COMPATIBLE GROWTH AREA — The area of the Town within the Pine Barrens Area, but outside the Core Preservation Area, as defined in § 57-0107, Subdivision 12, of the New York State Environmental Conservation Law, as the same may be amended from time to time. COMPUTERIZED ELECTRONIC MESSAGE CENTER — A computer- programmed display of temporary messages by means of individual lamps or flippers. CONDOMINIUM — A dwelling unit in a housing complex of one-, two- or multiple-family dwelling units with an arrangement whereby the occupants or an occupant of each unit has full title to that particular unit and a joint ownership with all other title holders in the housing complex of certain common property. CONSERVATION EASEMENT — An easement, covenant, restriction, deed or other interest in real property, which restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, agricultural or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in § 49-0301 of the Environmental Conservation Law of the State of New York. Such easement shall include a prohibition of the use of any mechanism for extinguishment of said easement. The language contained in the conservation easement shall be that set forth in the sample deed contained in this chapter,2 the content of which may be amended from time to time by the Town Board.
2. Editor's Note: The sample deed is on file in the ownT offices. 301:10 § 301-3 ZONING AND LAND DEVELOPMENT § 301-3
CONTINUING-CARE RETIREMENT COMMUNITY — A facility that may consist of the following land uses: (1) ARTICLE 46-A CONTINUING-CARE RETIREMENT COMMUNITY — A facility that consists of independent congregate-living residences, together with some or all of the uses provided in the assisted-living retirement community. The assisted-living retirement community units shall be constructed simultaneously with the construction of the independent congregate-living residences. The adult care facility and the assisted-living residences shall constitute no less than 40% of the total number of the units within the Article 46-A continuing-care retirement community. (2) GENERIC CONTINUING-CARE RETIREMENT COMMUNITY — A facility that consists of independent congregate-living residences, together with some or all of the uses provided in the assisted-living retirement community. The assisted-living retirement community units shall be constructed simultaneously with the construction of the independent congregate-living residences. The adult care facility and the assisted-living residences shall constitute no less than 40% of the total number of the units within the generic continuing-care retirement community. CONVENTIONAL ASSISTED-LIVING RETIREMENT COMMUNITY OR CONTINUING-CARE RETIREMENT COMMUNITY — An assisted-living retirement community or a continuing-care retirement community which is not considered an affordable community such that income limits are not imposed. CORE PRESERVATION AREA — The area of the Town within the Central Pine Barrens Area which contains the largest intact areas of undeveloped pine barrens as defined in § 57-0107, Subdivision 11, of the New York State Conservation Law, as the same may be amended from time to time. CORRELATED COLOR TEMPERATURE (CCT) — A measurement on the Kelvin (K) scale that indicates the warmth or coolness of a lamp's color appearance. The higher the color temperature, the cooler the color appearance. Typically, a CCT rating below 3,200 K is considered warm, while a rating above 4,000 K is considered cool. COUNTRY CLUB — A land area and buildings containing recreational facilities, clubhouse, and usual accessory uses open only to members and their guests for a fee. COUNTRY INN — A commercial use of real property consisting of a building not to exceed two stories and which contains no more than 20 rooms arranged or designed to be made available as overnight accommodations for guests for a stay of no longer than a two-week rental. Accessory restaurant or tavern use of a premises shall be houses within the principal building with a total restaurant seating not to exceed six times the number of guest units and total tavern seating
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not to exceed 1/3 of the restaurant seating. In the event that a parcel is improved with a country inn, the subject property is restricted from improvement with any other permitted or specially permitted uses. Accessory uses within the country inn building are limited to recreational use, conference room, or library not to exceed 10% of the total floor area of rooms provided. The architectural style, height, size, scale and appearance of the building shall be compatible with the hamlet in which the country inn is located as determined by Town Board site plan approval. Traditional materials such as aged brick, wood and stone shall be used. Incompatible materials shall include concrete block, metal or vinyl siding and reflective glass. CURB CUT — A depression in the curb for the purpose of accommodating a driveway, which provides vehicular access between private property and the street or easement. Where there is no curb, the point at which the driveway meets the roadway pavement shall be considered the curb cut. CUSTOM WORK, SHOP FOR — A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, not including the manufacturing of ready-to-wear or standardized products. DAY-CARE CENTER/NURSERY SCHOOL — A private establishment enrolling seven or more children between zero and five years of age and where tuition, fees or other forms of compensation for the care of the children is charged and which is licensed and approved to operate as a day-care center or nursery school pursuant to the Social Services Law. DEVELOPMENT — The performance of any building activity or mining operation, the making of any material changes in the use or intensity of use of any structure or land and the creation or termination of rights of access or riparian rights, as defined in § 57-0107, Subdivision 13, of the New York State Environmental Conservation Law, as the same may be amended from time to time. DEVELOPMENT RIGHT — The legal interest and rights permitted to a lot, parcel or area of land under this chapter respecting permissible use, area, density, bulk or height improvements executed thereon. DORMITORY — A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institutional use. DRIVE-IN RESTAURANT — A building with accessory uses devoted to the preparation, sale and/or service of food, refreshments, edibles or drink within the premises and which makes available any facility (including but not limited to parking or standing space on the premises for vehicles or persons) for, or which permits in open spaces, patios, accessory buildings or automobiles on the premises, the consumption of such food, refreshments, edibles or drink.
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DRIVEWAY — A portion of an alley or private property which provides access from a curb cut to an off-street parking area, excluding the front yard, as defined herein. DWELLING — Any house or building which is designed for and occupied exclusively as the home or residence of one or more persons permanently. DWELLING, MULTIPLE-FAMILY — A building, other than a garden apartment or apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY — A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TOWNHOUSE — A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls. DWELLING, TWO-FAMILY — A building designed for and occupied exclusively as a home or residence by the owner and/or the owner's family and a second person or family living independently of each other. EASEMENT — Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property. ENGINEER or LICENSED PROFESSIONAL ENGINEER — A person licensed as a professional engineer of the State of New York. EXECUTIVE GOLF COURSE — Executive golf courses have a total par ranging from 55 to 68 and an average of 3,000 to 4,500 yards. EXTERIOR LIGHTING — Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of Article XLIX, Exterior Lighting. FAA — The Federal Aviation Administration. FALL ZONE — The area, defined as the farthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. The radius of the area is the same as the total height of the structure. FAMILY — (1) One or more persons, whether or not related to each other by blood, marriage or adoption, all occupying a single, whole, legal single- or one-family dwelling unit as a traditional family or the functional equivalent of a traditional family, shall be considered a family, and further provided that persons occupying group quarters, such as a dormitory, fraternity or sorority house or a
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seminary, shall not be considered a family, having access to and utilizing the whole of such dwelling unit, including but not limited to all rooms and housekeeping facilities, in common. (2) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present: (a) The group is one which in structure and function resembles a traditional family unit; and (b) The occupants must share the entire single- or one-family dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; and (c) The adult occupants share expenses for food, rent, ownership costs, utilities and other household expenses; and (d) The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to: [1] The presence of minor children regularly residing in the household who are enrolled in local schools; [2] Members of the household have the same address for purposes of voter registration, drivers' licenses, motor vehicle registration, filing of taxes and delivery of mail; [3] Members of the household are employed in the area; [4] The household has been living together as a unit for a year or more, whether in the current dwelling unit or in other dwelling units; [5] Common ownership of furniture and appliances among the members of the household; and [6] Any other factor reasonably related to whether or not the occupants are the functional equivalent of a family. FARM — Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. FARM OPERATIONS — The buildings, structures and land uses associated with agricultural production and processing of agricultural products. FCC — The Federal Communications Commission. FINAL PLAT — A drawing as defined in Subdivision 4(d) of § 276 of the Town Law.
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FLOODLIGHT — A luminaire rated to produce 1,800 lumens (100 watts incandescent) or more, regardless of the number of lamps, and is which is designed to flood an area with light. FLOOR AREA, COMMERCIAL — The sum of the horizontal areas of all floors of a building, including interior balconies and mezzanines. All horizontal dimensions of each floor are to be measured from the exterior faces of the walls of each such floor, including all roofed- over areas, or from the center line of party walls with any adjoining building. In computing floor area, the following shall be excluded from computation, except when used or intended to be used for human habitation or service to the public: atriums; attic space having a headroom of less than seven feet six inches; cellar and basement space; uncovered exterior balconies, decks or porches; floor space used exclusively for building maintenance or service areas related to maintenance; elevators and elevator lobby areas; mechanical and electrical equipment and storage areas for mechanical equipment; laundry equipment, laundry chutes and laundry storage areas (this exclusion shall not apply to commercial business dedicated to laundry- related services, i.e., dry cleaning or laundromats); stairways and stairwells (this exclusion shall only apply to commercial establishments equipped with elevator or escalator service); and public restrooms. Notwithstanding the foregoing, that portion of floor area comprising any covered plaza or similar pedestrian common area amenity which is not used directly for commercial purposes or floor space used for off-street parking and loading purposes shall be excluded in computing floor area.[Amended 4-17-2018 by L.L. No. 10-2018] FLOOR AREA RATIO — The gross floor area of all buildings on a lot, including accessory buildings, divided by the total lot area. FLOOR AREA, RESIDENTIAL — The sum of the horizontal areas of all floors of a building, including interior balconies and mezzanines, but excluding uncovered exterior balconies, decks or porches. All horizontal dimensions of each floor are to be measured from the exterior faces of the walls of each such floor, including all roofed- over areas. In computing residential floor area, the following shall be excluded from computation, except when used or intended to be used for human habitation or service to the public: attic space having a headroom of less than seven feet six inches; cellar and basement space. FOOD COURT — An establishment for the preparation of food which, by design of the physical facilities, permits or encourages limited consumption of food on either countertops and/or seating areas. Specifically excluded are restaurants, drive-ins or curb establishments. Such use shall be incidental to the primary use. FOOD PROCESSING SHOP — An establishment which prepares and/or packages food, refreshments, edibles or drink for sale on the premises, but for consumption off the premises, as its primary business. FOOTCANDLE (FC) — The American unit used to measure the total amount of light cast on a surface (illuminance). One footcandle is 301:15 § 301-3 RIVERHEAD CODE § 301-3
equivalent to the illuminance produced by a source of one candle at a distance of one foot. For example, the full moon produces 0.01 FC as measured with a light meter. One footcandle is approximately equal to 10 lux, the British unit used to measure illuminance. FRONT SETBACK — The distance from the closest point of a building on a lot to the front lot line, measured perpendicular to the closest point of the front lot line. FRONT YARD — The area between the street right-of-way and the front line of the main building projected to the side lot lines on any lot in a residence district, excluding the driveway, as defined herein. FULL CUTOFF LUMINAIRES — A luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. (See Figure 1.3) Further, no more than 10% of the lumen output should be provided at angles between 90° and 80° below the lowest light-emitting part of the luminaire. FULLY SHIELDED — A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below a horizontal plane through the luminaire's lowest light-emitting part, as designed and installed. (See Figure 1.4) GALLERY — A building or a portion of a building used as a place to display or sell original works of art. GAME ARCADE — A specific main use of a structure which contains more than 10 pinball machines, electronic video-screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator, except for pool tables, jukeboxes and juvenile rides. A game arcade shall not be a recreational use, and no game arcade shall be permitted except in the area zoned Business B as herein defined. The use of a structure as a game arcade shall be the sole and only use of a structure, and no accessory uses shall be permitted. No food shall be prepared or served. All game arcades shall close from 12:00 midnight to 6:00 a.m. daily. The operator of a game arcade shall be subject to all the restrictions and requirements of Subsections (2) and (3) of the definition of "game center." GAME CENTER — (1) An accessory use to a specific main use, consisting of an area or room containing four or fewer pinball machines, electronic video- screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid
3. Editor's Note: Figure 1 is included as an attachment to this chapter. 4. Editor's Note: Figure 1 is included as an attachment to this chapter. 301:16 § 301-3 ZONING AND LAND DEVELOPMENT § 301-3
directly into the machine or to any operator, except for pool tables, jukeboxes and juvenile rides. (2) When a game center is a permitted accessory use under this Code, the operator of such center shall apply for a one-year use permit, renewable annually, subject to the payment of an annual fee in the amount of $50, which shall be payable to the Town Clerk. (3) Operation, by any person, of a game center without a valid use permit shall be a violation. GAME ROOM — An accessory use to a specific main use of a structure which contains more than four and fewer than 10 pinball machines, electronic video-screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator, except for pool tables, jukeboxes and juvenile rides. The operator of a game room shall be subject to all the restrictions and requirements of Subsections (2) and (3) of the definition of "game center." GARAGE, PRIVATE — A building or space used as an accessory to a main building, providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. When a private garage is attached to the main building, it shall be considered an integral part of the main building. GARAGE, PUBLIC — Any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. GASOLINE SERVICE STATION — Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles, but not including body and fender work, machine shop work or the storage of dismantled vehicles on the lot. GLARE — Stray, unshielded light striking the eye that may result in: (1) Nuisance or annoyance glare, such as light shining into a window; (2) Discomfort glare, such as bright light causing squinting of the eyes; (3) Disabling glare, such as bright light reducing the ability of the eyes to see into shadows; or (4) Distracting glare, such as light which diverts the eye from a visual task. GREENHOUSE — A structure having a transparent covering, whether glass or plastic, utilized for seed germination, plant propagation, hardening off or forcing or maintenance of a controlled climate to
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sustain plant growth otherwise not possible in natural out-of-door surroundings. The following additional definitions shall apply: (1) GREENHOUSE, AGRICULTURAL/COMMERCIAL — A greenhouse where agricultural products may be sold at wholesale, but where the sale of agricultural products to the general public is not permitted. (2) GREENHOUSE, GARDEN CENTER — A permanent greenhouse where wholesale and retail sales of live or fresh products are permitted, whether or not raised on the premises, and where nonlive garden- or landscape-related products may be sold, including but not limited to garden or lawn equipment, seeds, fertilizers, pots, lawn ornaments, lawn furniture or other garden- or landscape-related products. (3) GREENHOUSE, PERMANENT — Any greenhouse that does not meet the definition of a "temporary greenhouse," as defined hereinafter. (4) GREENHOUSE, PRIVATE — A greenhouse accessory to a residential dwelling, intended and used solely for the private enjoyment of the residents thereof. (5) GREENHOUSE, TEMPORARY — A greenhouse consisting of specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation. A temporary greenhouse may include, but is not limited to, the use of heating devices, water and electrical utilities, and supporting poles embedded in noncontinuous concrete. In no instance will a temporary greenhouse be used for the retail sale of any farm or nonfarm products. The plastic covering shall be removed from the temporary greenhouses within 12 months of the last agricultural productions. HEIGHT — When referring to a tower or other structure, the distance measured from the finished mean grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. HOLIDAY LIGHTING — Temporary lighting used to celebrate holidays. "Holiday lighting" includes, but is not limited to, strings of small individual lights, illuminated menorahs, illuminated nativity scenes, illuminated candles, and various yard decorations seasonal in nature. HOME OCCUPATION — A customary personal service occupation such as dressmaking, millinery, hairdressing and home cooking, by way of description but not limited to these, provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than the equivalent of 1/2 of the area of one floor shall be used for such purposes, that no display of advertising other than a small nameplate and no display of products made shall 301:18 § 301-3 ZONING AND LAND DEVELOPMENT § 301-3
be visible from the street, that no stock-in-trade shall be kept and that no mechanical or electrical equipment shall be used except customary household equipment. HOME PROFESSIONAL OFFICE — The office or studio of a resident physician, surgeon, dentist, lawyer, architect, musician or teacher as herein restricted, by way of description but not limited to these, provided that not more than one person is employed who is not a member of the family and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, the term "teacher" shall be restricted to a person giving individual instruction in subjects to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instruction or voice instruction in groups, tearooms, tourist homes, beauty parlors, barbershops, convalescent homes, funeral homes and stores, trades or businesses of any kind not hereinabove specifically excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory. HOSPITAL — A facility licensed in accordance with Article 28 of the New York State Public Health Law and 10 NYCRR § 700.2(a)(1), (2), (3) and (5) of the New York State Hospital Code. A hospital shall, at a minimum, include an emergency department, operating room, laboratory, radiology, inpatient beds and an organized department of medicine and department of surgery. No other facility as defined in any other section of 10 NYCRR § 700.2(a) of the New York State Hospital Code shall constitute a "hospital."[Amended 11-15-2016 by L.L. No. 36-2016] HOTEL — A building or part thereof which has a common entrance, common heating system and general dining room and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals, for compensation. IESNA — Illuminating Engineering Society of North America (IES or IESNA); the professional society of lighting engineers. IESNA RECOMMENDED PRACTICES — The current publications of the IESNA setting forth illuminance levels. ILLUMINANCE — The amount of light falling on any point of a surface measured at footcandles or lux. INDEPENDENT CONGREGATE-LIVING RESIDENCES — A facility for active seniors, 55 years of age and older, who are generally in good health and not in need of assistance, personal care or supervision, organized as a comprehensive and cohesive living arrangement in which their housing accommodations are coupled with a variety of services and amenities designed to enhance their quality of life.
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INDUSTRY, NONNUISANCE — Any industry which is not detrimental to the environment in which it is located by reason of the emission of noise, smoke, odor, dust, gas, glare, heat, liquid, fire hazards, industrial waste, transportation and traffic. JUNK-SCRAP YARD — Any land or structure, or part thereof, exceeding 300 square feet in area used for the collecting, storage or sale of wastepaper, rags, scrap metal or other scrap discarded materials; or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of the parts thereof, including automobile wrecking yards. LAMP — The generic term for an artificial light source, to be distinguished from the whole assembly (see "luminaire"); commonly referred to as "bulb" or "light bulb." LANDING STRIP — Any locality, either of land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities are provided for shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo. LANDSCAPING LIGHTING — Nonessential low-lumen output fixtures (maximum of 500 lumens or 40 watts incandescent) used to illuminate residential walkways and foliage. LIGHT — The form of radiant energy acting on the retina of the eye to make sight possible. LIGHTING — Any or all parts of a luminaire that function to produce light. LIGHT MANUFACTURING — The manufacture, assembly, compounding, processing or packaging of goods or products from raw materials refined elsewhere in which the goods produced are generally of high value in relation to bulk and which does not generate offensive noise, vibration, glare, dust, smoke, gas or other effluent. LIGHT POLLUTION — Any adverse effect of man-made light, including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any man-made light that diminishes the ability to view the night sky. LIGHT TRESPASS — Light falling on the property of another or the public right-of-way when it is not required to do so. LOT — A portion or parcel of land, held in single and separate ownership, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. Adjoining lots which are recorded on an approved major or minor subdivision map filed with the Clerk of the County of Suffolk may be subdivided without approval of the Planning Board of the Town of Riverhead and shall not be deemed merged so long as the adjoining lots
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conform to the Zoning Districts Use Schedule in effect at the time the lots are to be conveyed. LOT, CORNER — A parcel of land at the junction of and fronting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. LOT, INTERIOR — A lot other than a corner lot. LOT, THROUGH — An interior lot having frontage on two streets. LOT, WIDTH OF — The distance between the sidelines of the lot, measured along a line at the nearest point of any building on a lot to the street line and parallel to the street line or to the chord of the street line of the lot if the street line is on a curve. LUMBERYARD — Premises where building materials are offered for sale, or premises used for sale and storage of building materials, but shall not include a yard used wholly for storage of building materials. LUMEN — The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty-watt incandescent lamp produces 950 lumens while a fifty-five-watt low-pressure sodium lamp produces 8,000 lumens. LUMINAIRE — A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power; when used, includes ballasts and photocells; commonly referred to as "fixture." MANUFACTURERS OUTLET CENTER — Any building or buildings used by one or more enterprises operated by the manufacturer for sale at retail or wholesale of first-quality goods, overruns and factory seconds. Factory goods shall occupy a minimum of 70% of the total floor area. In a manufacturers outlet center, each enterprise shall mainly purvey only those products originally manufactured or distributed by the affiliate enterprise. MARINA, GENERAL — A boat basin with facilities for berthing and securing all types of recreational craft, as well as providing adequate supplies, provisions and service and fueling facilities. MARINA, RESORT — A boat basin with facilities for berthing and securing all types of recreational craft but which may not provide adequate supplies, provisions and service and fueling facilities, except that emergency services may be provided and the owner of a boat may repair and service his own boat. MICROBREWERY — An establishment where beer and malt beverages are made on the premises and offered for consumption on site, offered for sale directly to customers (including filling growlers), sold to
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licensed retailers or sold to licensed wholesalers to distribute the beer to retailers. A microbrewery includes any place or premises where beer is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards and storerooms connected therewith or where any part of the process of manufacture of beer is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the brewery to which they are attached or are appurtenant. MICROCIDERY — An establishment where cider is made from fresh, whole apples or other pome fruits on the premises and offered for consumption on site (tastings, glass, bottle), offered for sale directly to customers for off-site consumption, sold to licensed retailers or sold to licensed wholesalers to distribute the cider to retailers. A microcidery includes any place or premises where cider is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards and storerooms connected therewith or where any part of the process of manufacture of cider is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the microcidery to which they are attached or are appurtenant. MICROWINERY — An establishment where wine is made from ripe grapes, or other fruits or plants, on the premises and offered for consumption on site (tastings, glass, bottle), offered for sale directly to customers for off-site consumption, sold to licensed retailers or sold to licensed wholesalers to distribute the wine to retailers. A microwinery includes any place or premises where wine is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards and storerooms connected therewith or where any part of the process of manufacture of wine is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the microwinery to which they are attached or are appurtenant. MINOR SUBDIVISION PLAN — A drawing showing the information specified in Article LIII, Subdivision Regulations, to be filed with the Planning Board and the Building Inspector of the Town of Riverhead as part of the application for approval of a minor subdivision. MOTEL — A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. MOTOR COACH TERMINAL — A use of land, building or structures upon a parcel which supply and support motor coach services to patrons, which may have principal or accessory uses, structures and improvements thereon, including, but not limited to, administrative
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offices, waiting rooms, restroom facilities, outdoor coach storage, parking, maintenance, repair, washing, fuel island, fuel storage facilities, parking for patrons and employees. MOTOR VEHICLE REPAIR SHOP — The business use of premises, the sole purpose of which is the repair or replacement of the mechanically functioning parts of motor vehicles. MOVIE THEATER — A building devoted to the showing of motion pictures on one or more screens within the building(s) on a paid- admission basis.[Added 6-21-2016 by L.L. No. 21-2016] MUNICIPAL RECREATIONAL FIELDS — Includes tennis, basketball and handball courts; football, baseball, softball and soccer fields; hockey, skating and skateboarding rinks, constructed by or at the behest of the Town of Riverhead. NONCONFORMING BUILDING — A building or structure lawfully existing on a lot at the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to the dimensional regulations of this chapter for the district in which it is situated, regardless of the use to which such a building or structure is put. NONCONFORMING USE — Any building, structure or land lawfully occupied by a use that does not conform to the regulations of the use district in which it is situated. NONESSENTIAL LIGHTING — Lighting that is not necessary for an intended purpose after the purpose has been served; does not include any lighting used for safety and/or public circulation purposes. NONTOXIC GASES — Limited to propane, LNG (liquid natural gas) or CNG (compressed natural gas), hydrogen gas, liquid oxygen or oxygen gas, liquid nitrogen or nitrogen gas, helium and acetylene gas. OUTDOOR SPORTS FACILITY — A place designed, improved and equipped to allow the playing of both team and individual sports, including but not limited to baseball diamonds, lacrosse fields, football fields, soccer pitches, tennis courts, basketball courts and swimming pools. The recreational use of motorized vehicles is not considered to be an outdoor sports facility. PARKING SPACE — The space required for each motor vehicle intended or required to be parked in an off-street parking area. Each parking space shall be limited to the paved portion and shall be the following minimum dimensions: 20 feet in length by 10 feet in width; and, in addition thereto, there shall be provided such space as is reasonably necessary for adequate ingress, egress and turning. The formula providing for an adequate parking area is an area of 350 square feet per required motor vehicle unit. PAR THREE GOLF COURSE — Par three golf courses have a par on each hole of three and an average of 2,000 to 2,500 yards.
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PARTIALLY SHIELDED — A light fixture which incorporates an opaque barrier, shield, louvers, or other means, so that the light source is not visible across property lines or into roadways. PEEP SHOW — A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age. PERMITTED USE — A specific main use of a building, structure, lot or land, or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use. A permitted use requires the issuance of a permit from the Town Building Department. PINE BARRENS CREDIT — A development right allocated for lands within the Central Pine Barrens Area. PINE BARRENS CREDIT CERTIFICATE — An instrument issued on the behalf of the Central Pine Barrens Joint Planning and Policy Commission which indicates the number of Pine Barrens credits associated with a particular parcel of land and which attests that development rights have been severed from such real property by the recording of a conservation easement and that such rights are available for sale or use. PLAN — The Central Pine Barrens Comprehensive Land Use Plan ratified by the Town Board on June 28, 1995, and adopted by the Central Pine Barrens Joint Planning and Policy Commission, pursuant to the provisions of Article 57 of the New York State Environmental Conservation Law. PLANNING AND ZONING ADMINSTRATOR — The Town of Riverhead Building and Planning Administrator and Chief Building Inspector.[Amended 11-1-2016 by L.L. No. 33-2016] PLANNING BOARD — The Planning Board of the Town of Riverhead. PORCH, UNENCLOSED — A roof supported by columns or pillars, the sides of which shall not be enclosed with screens, windows, jalousies or bulkhead, except that a railing with pickets not over 30 inches in height may be installed between columns or pillars. PREEXISTING TOWER AND PREEXISTING ANTENNA — Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of Article LI, Wireless Communications Towers and Antennas, including permitted towers or antennas that have not yet been completed or constructed so long as such approved permit(s) is current and unexpired, or any tower which is existing and has a certificate of compliance. PRELIMINARY PLAT — A drawing as defined in Subdivision 4(b) of § 276 of the Town Law.
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PROFESSIONAL OFFICES — The office of a member of a recognized profession maintained for the conduct of that profession; specifically included are offices of: (1) Accountants. (2) Architects. (3) Artists. (4) Attorneys. (5) Audiologists. (6) Bookkeepers. (7) Chiropractors. (8) Dentists. (9) Engineers. (10)Income tax preparers. (11)Insurance agents or brokers. (12)Interior designers. (13)Journalists. (14)Medical doctors. (15)Optometrists. (16)Osteopaths. (17)Podiatrists. (18)Physical therapists. (19)Real estate agents or brokers. (20)Any other professional office determined by resolution of the Town Board to have similar impacts to those listed above. REAR YARD — The area between the rear lot line and the front line of the main building projected to the side lot lines on any lot in a residence district. RECEIVING DISTRICT — One or more designated districts to which development rights or Pine Barrens credits generated from one or more sending areas may be transferred, and in which increased development is permitted to occur, as set forth in Article XXVII, Industrial Receiving District, of this chapter, by reason of such transfer.
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RECREATIONAL FACILITIES — A place designed to provide for recreational activities, including but not limited to pleasure boating and fishing, golf, tennis and similar activities. REPAIR OF A LUMINAIRE OR SIGN — Any service normally provided by a licensed electrician upon a luminaire or sign. "Repair" shall be considered to include replacement or modification of any of the following: poles, mounting arms, housings, hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles, shields, sensors, switches, relays, power supplies, and lamp replacement modules which contain any of the items listed above. Replacement of a user-serviceable lamp will not by itself be considered a repair. RESTAURANT — A use in a building having as its sole purpose the preparation and serving of food to patrons for consumption on the premises within furnished dining areas, including as possible accessory uses live entertainment, outdoor dining and the serving of alcoholic beverages with meals, and which does not provide for nor permit the consumption of food in vehicles. A restaurant shall not be construed to include any form of drive-in, open-front or curb-service eating establishments, cart, wagon, vehicle, lunch wagon, dining car or camp car or any form of tavern, bar, nightclub or similar entertainment establishment. RESTAURANT, DRIVE-IN, CURB-SERVICE — A use in a building having as its sole purpose the preparation and serving of food to patrons for consumption on the premises within furnished dining areas and provides for the service to and consumption of food in vehicles. Live entertainment and serving alcoholic beverages are not permitted. RETAIL STORE OR SHOP — A building dedicated to the sale of goods in small quantities to the general public, which goods may be brought to the premises in their finished state or improved at such store or shop prior to sale. SENDING AREA — One or more designated areas of land in the Core Preservation Area for which development rights or Pine Barrens credits are allocated for use in one or more Receiving Districts. SHOPPING CENTER — A use of lands, buildings or structures by two or more stores or business establishments where the proposed use occupies a site of one or more acres, whether built at one time or in two or more construction stages, in connection with which there is provided, on privately owned property contiguous thereto, area used by the public as the means of access to and egress from the stores or business establishments on such premises and for the free parking of motor vehicles of customers and patrons of such stores or business establishments on such premises. SKETCH PLAN — A sketch of a proposed subdivision showing the information specified in Article LIII, Subdivision Regulations, to enable the subdivider to save time and expense in reaching general agreement
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with the Planning Board as to the form of the layout and objectives of Article LIII, Subdivision Regulations. SKYGLOW — The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and scattering of light by dust, water vapor and other particles suspended in the atmosphere. Skyglow reduces one's ability to view the night sky. SMALL WIND-ENERGY SYSTEM — A wind-energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. SPECIALLY PERMITTED USES — An authorization of a particular land use which this chapter permits subject to certain specified requirements imposed by this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met. STANDARD GOLF COURSE — Standard golf courses have a minimum par of 70 and a minimum of 6,000 yards as measured from the middle tees, and are no less than 125 acres. STORAGE — The act of placing or leaving an item in a location for preservation, disposal or later use, or the state of any item so placed. STORY — That portion of a building included between the surface of any floor other than a cellar floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. The ground or first story is the lowest story of a building above the level of the ground in front of the building and shall include the area on more than one level, provided each of the levels is separated by not more than eight risers. STORY, AREA OF — The area of any story of a building measured between exterior faces of exterior walls, excluding attached garages, carports, unenclosed porches and breezeways. STORY, HALF — A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. STREET — A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. STREET OR PRIVATE RIGHT-OF-WAY — A means of access to an existing or proposed building or structure over an existing state, county or Town highway or over an improved street shown upon a plat approved by the Planning Board and duly filed and recorded in the office of the County Clerk, or over a right-of-way or easement within an open development area or areas established by the Town Board. STREET WIDTH — The width of the right-of-way measured at right angles to the center line of the street.
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STRUCTURE — A combination of materials, other than a building, forming a construction that is safe and stable. Excluded shall be a combination of such materials having a total floor area of less than 50 square feet and which is used for purposes other than family dwelling, storage, business, farm or industrial purposes. Also excluded shall be fences four feet or less in height in a front yard and six feet or less in height elsewhere on a lot. STUDIO — A building or a portion of a building, used as a place of work by an artist. SUBDIVIDER — Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof, as defined herein, either for himself or others. SUBDIVISION — The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways, and includes resubdivision. SUBDIVISION, MAJOR — Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities. SUBDIVISION, MINOR — Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance, if such exist, or these regulations. SURVEYOR — A person licensed as a land surveyor by the State of New York. SWIMMING POOL — A body of water having a depth of more than 18 inches in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by people, whether or not any charge or fee is imposed. When a private swimming pool for which no fee is charged is attached to the main building, it shall be considered an integral part of the main building. TATTOO PARLOR — An establishment having as a substantial or significant portion of its stock-in-trade the providing of tattoos and which establishment is customarily not open to the public generally but excludes any minor by reason of age. TAVERN — Any building or use commonly known as a "bar," "barroom," "tavern," "saloon," "cabaret" or "nightclub"; a place or building where intoxicating liquors are sold to be drunk on the premises; a room containing a bar or counter at which liquors are sold or where liquors and refreshments are sold; or a room or place of entertainment where live music, live performances or films are permitted in conjunction with the sale of liquors.
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TELECOMMUNICATIONS TOWER — Any structure designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and similar structures. The term includes the structure and any support thereto. TEMPORARY BUSINESS SIGN — A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time. TEMPORARY LIGHTING — Lighting that is intended to be used for a special event for seven days or less. TOWER HEIGHT — The height above grade of the fixed portion of a tower that is part of a small wind-energy system, exclusive of the wind turbine. TRANSFER OF DEVELOPMENT RIGHTS — The process by which development rights or Pine Barrens credits are transferred from a lot or parcel located in any sending area to another lot or parcel located in one or more Receiving Districts. TRANSIENT LODGING UNIT — A lodging unit providing lodging designed to be made available as sleeping or living quarters for paying customers on a daily or weekly rental basis for a time not to exceed 30 days. UNDEVELOPED — A plat as defined by Subdivision 2 of § 276 of the Town Law of the State of New York. UNOCCUPIED AREA — The area of a front yard, measured from a street line, open and unoccupied at all times by a building, structure or by the storage or display of anything, whether movable or immovable, except for hedges, shrubs or open fencing which does not exceed four feet in height or trees. The unoccupied area of a corner lot shall comply with § 301-245. UPLIGHTING — Lighting that is directed in such a manner as to shine light rays above the horizontal plane. USED CAR OR BOAT SALES LOT — Any parcel of land for the sale only of motor vehicles or boats in operable condition and which shall be able to pass the registration and inspection requirements of the State of New York with minor repairs, if necessary, and upon which lot or parcel of land there are no facilities for repair work. WATER-DEPENDENT USE — An industry, business or other activity which can only be conducted in, on, over or adjacent to a water body because such activity requires direct access to that water body and which involves, as an integral part of such activity, the use of the water body.
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WATER SERVICE AND SUPPLY, PRIVATE — A nonmunicipal water supply system providing potable water to more than four dwelling units or a condominium having more than four separate dwelling units. WHOLESALE BUSINESS, NONNUISANCE — Any industry which is not detrimental to the environment in which it is located by reason of the emission of noise, smoke, odor, dust, dirt, gas, glare, heat, liquid, fire hazards, industrial waste, transportation and traffic and which does not include any open storage yard or outdoor processing of materials. WINE — The product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, or other fruits or plants, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne and sparkling and fortified wine of an alcoholic content not to exceed 24% by volume. YARD, FRONT — A space unoccupied, except as otherwise herein provided, between the front street line and the nearest point of any building line or structure on the lot and extending from side lot line to side lot line. YARD, REAR — A space unoccupied, except by a building or structure or accessory use as herein provided, extending from side lot line to side lot line between the rear lot line and the extreme rear line of the main building. YARD, SIDE — A space unoccupied, except by a building or structure or accessory use as herein provided, situated between the line of the principal building and sidelines of the lot and extending from the front lot line to the rear lot line. ZONING OFFICER — Any person or agency designated by the Town Board of the Town of Riverhead to enforce the provisions of this chapter. C. Terms not defined. Where terms are not defined, they shall have their ordinarily accepted meanings consistent with their context.
§ 301-4. Interpretation. [Amended 7-19-2005 by L.L. No. 29-2005] In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon heights of buildings or requires larger open spaces than are required by easements, covenants or agreements, the provisions of this chapter shall govern.
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Part 2 Districts
ARTICLE II Districts and Boundaries
§ 301-5. Classes of districts. A. In order to designate districts for the purpose of this chapter, the Town of Riverhead is hereby divided into the following zoning use districts in the order listed in the table of contents of Chapter 301, Zoning and Land Development: [Last amended 2-20-2019 by L.L. No. 7-2019] RA40 Residence A-40 Zoning Use District RB40 Residence B-40 Zoning Use District RA80 Residence A-80 Zoning Use District RB80 Residence B-80 Zoning Use District APZ Agriculture Protection District RC Residence RC Zoning Use District (Retirement Community) HR Hamlet Residential Zoning Use District HC Hamlet Center Zoning Use District VC Village Center Zoning Use District RLC Rural Corridor Zoning Use District TRC Tourism/Resort Campus Zoning Use District MRP Multifamily Residential Professional Office Zone Zoning Use District CRC Commercial/Residential Campus Zoning Use District BUS PB Business PB Zoning Use District BUS F Business F Zoning Use District (Manufacturer's Outlet Center Overlay Zone) CBD Community Benefit Zoning Use District
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BC Business Center Zoning Use District BUS CR Business CR Zoning Use District (Rural Neighborhood Business) CO Calverton Office Zoning Use District DRC Destination Retail Center Zoning Use District SC Shopping Center Zoning Use District H Hospital Zoning Use District Ind A Industrial A Zoning Use District Ind B Industrial B Zoning Use District Ind C Industrial C Zoning Use District LI Light Industrial Zoning Use District Industrial Receiving District Adult Uses DC-1 Downtown Center 1: Main Street Zoning Use District DC-2 Downtown Center 2: Waterfront Zoning Use District DC-3 Downtown Center 3: Office Zoning Use District DC-4 Downtown Center 4: Office/ Residential Transition Zoning Use District DC-5 Downtown Center 5: Residential Zoning Use District PRC Peconic River Community Zoning Use District RFC Riverfront Corridor Zoning Use District Arts District OSC Open Space Conservation Zoning Use District NRP Natural Resources Protection Zoning Use District PIP Planned Industrial Park Zoning Use District
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PRP Planned Recreational Park Zoning Use District Pine Barrens Overlay District
B. No building or structure shall be erected or altered nor shall any building or premises be used for any purpose other than a use permitted in the district in which such building or premises is located.
§ 301-6. Boundaries of districts. [Amended 7-6-2005 by L.L. No. 16-2005] The boundaries of said districts are hereby established as shown on the map entitled "Zoning Map, Town of Riverhead, Suffolk County, New York," as last amended on the date which map is hereby made a part of this chapter, and all notations, references and other things shown thereon shall be as much a part of this chapter as if fully described herein.5 Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply: A. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be constructed to be such boundaries. B. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries. C. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or to the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map. D. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tract of said railroad line.
E. Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Riverhead unless otherwise indicated.
5. Editor's Note: The Zoning Map is on file in the ownT Clerk's office. 301:33
§ 301-7 ZONING AND LAND DEVELOPMENT § 301-8
ARTICLE III Residence A-40 (RA40) Zoning Use District6 [Added 6-22-2004 by L.L. No. 16-2004]
§ 301-7. Purpose and intent. The intent of the Residence A-40 (RA40) Zoning Use District is to allow medium-density residential development and medium- to high-density development provided through the transfer of development rights (TDR) pursuant to Article XLII, Transfer of Development Rights, of this chapter or the construction of workforce housing pursuant to guidelines on file and administered by the Town of Riverhead Community Development Agency.
§ 301-8. Uses. In the RA40 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Dwelling, one-family. (2) Parks and playgrounds, noncommercial.
(3) Attached single-family dwelling units within a cluster subdivision. [Amended 7-19-2005 by L.L. No. 30-2005] B. Specially permitted uses, by special permit of the Town Board: (1) Dwelling, two-family, with transferred development rights. (2) Overhead electrical power transmission and distribution lines in excess of 13 kilovolts. (3) Day-care facility conducted in a residence.
(4) Nursery school conducted in a residence. (5) Home occupations or professions conducted within an accessory building by the residents thereof. [Added 6-2-2010 by L.L. No. 13-2010] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
6. Editor's Note: Original Art. III, Residence A District, of the 1976 Code, as amended, was repealed 6-22-2004 by L.L. No. 23-2004. 301:35 § 301-8 RIVERHEAD CODE § 301-10
(1) Home occupations or professions conducted within the dwelling by the residents thereof. [Amended 6-2-2010 by L.L. No. 13-2010]
§ 301-9. Accessory buildings and structures. A. Location. (1) No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows: (a) In a front yard. (b) In a side yard, unless the accessory building is 50 feet from a side street line, 20 feet from a property line and 10 feet from any other building. (c) In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line. (d) One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line. [Amended 7-19-2011 by L.L. No. 21-2011] (2) Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one- family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street. B. Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-10. Living area. No dwelling shall be erected unless provisions shall be made therein as follows:
301:36 § 301-10 ZONING AND LAND DEVELOPMENT § 301-12
A. For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,200 square feet of living area.
§ 301-11. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule7 incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-12. Nonconforming lots. With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
7. Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:37
§ 301-13 ZONING AND LAND DEVELOPMENT § 301-15
ARTICLE IV Residence B-40 (RB40) Zoning Use District8 [Added 6-22-2004 by L.L. No. 17-2004]
§ 301-13. Purpose and intent. The intent of the Residence B-40 (RB40) Zoning Use District is to allow medium-density residential development.
§ 301-14. Uses. In the RB40 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses and specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Dwelling, one-family.
(2) Attached single-family dwelling units within a cluster subdivision. [Amended 7-19-2005 by L.L. No. 31-2005] (3) Parks and playgrounds, noncommercial. B. Specially permitted uses, by special permit of the Town Board: (1) Dwelling, two-family. (2) Day-care facility. (3) Nursery school. (4) Overhead electrical power transmission and distribution lines in excess of 13 kilovolts. (5) Home occupations or professions conducted within an accessory building by the residents thereof. [Added 6-2-2010 by L.L. No. 13-2010] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Home occupations or professions conducted within the dwelling by the residents thereof. [Amended 6-2-2010 by L.L. No. 13-2010]
§ 301-15. Accessory buildings and structures.
8. Editor's Note: Original Art. IV, Residence B District, of the 1976 Code, as amended, was repealed 6-22-2004 by L.L. No. 23-2004. 301:39 § 301-15 RIVERHEAD CODE § 301-17
A. Location. (1) No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows: (a) In a front yard. (b) In a side yard, unless the accessory building is 50 feet from a side street line, 20 feet from a property line and 10 feet from any other building. (c) In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line. (d) One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line. [Amended 7-19-2011 by L.L. No. 21-2011] (2) Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one- family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street. B. Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-16. Living area. No dwelling shall be erected unless provisions shall be made therein as follows: A. For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,200 square feet of living area.
301:40 § 301-17 ZONING AND LAND DEVELOPMENT § 301-18
§ 301-17. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule9 incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-18. Nonconforming lots. With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
9. Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:41
§ 301-19 ZONING AND LAND DEVELOPMENT § 301-20
ARTICLE V Residence A-80 (RA80) Zoning Use District10 [Added 6-22-2004 by L.L. No. 19-2004]
§ 301-19. Purpose and intent. The intent of the Residence A-80 (RA80) Zoning Use District is to allow for low-density residential development and medium-density residential development with transfer of development rights (TDR), to allow for the preservation of appropriate agricultural parcels, to ensure the preservation of the historic integrity and rural character of the Sound Avenue corridor and to conserve wooded areas and other natural features.
§ 301-20. Uses. In the RA80 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Agricultural production, including but not limited to the following: (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans. (b) Fruits, including apples, peaches, grapes, cherries and berries. (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs. (f) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump. (g) Commercial horse-boarding operations. (2) Licensed small animal and bird rehabilitation on a parcel a minimum of 10 acres with lot coverage not to exceed 20% for this use. [Added 8-1-2006 by L.L. No. 26-2006] (3) Dwelling, one-family.
10.Editor's Note: Original Art. V, Residence C District, of the 1976 Code, as amended, was repealed 6-22-2004 by L.L. No. 23-2004. 301:43 § 301-20 RIVERHEAD CODE § 301-21
(4) Attached single-family dwelling units within a cluster development. [Amended 7-19-2005 by L.L. No. 33-2005] (5) Riding academy, corral and training of horses, including but not limited to private polo chukkers. (6) Greenhouse, provided that the subject parcel is a minimum of five acres. A permanent greenhouse to be used for retail sales shall be subject to site plan review and approval. [Amended 9-6-2006 by L.L. No. 36-2006] B. Specially permitted uses, by special use permit of the Town Board: (1) Bed-and-breakfast. (2) Overhead electrical power transmission and distribution lines in excess of 13 kilovolts. (3) Educational institution without boarding facilities or dormitories, private. (4) Day-care facility conducted in a residence. (5) Golf course (standard), with or without clubhouse. (6) An accessory dwelling unit on a lot of 10 acres or more with a maximum living area of 1,000 square feet, provided that the total number of dwelling units yielded by the original subdivision creating such lot is not exceeded. (7) Home occupations or professions conducted within an accessory building by the residents thereof. [Added 6-2-2010 by L.L. No. 13-2010] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1) Home occupations or professions conducted within the dwelling by the residents thereof. [Amended 6-2-2010 by L.L. No. 13-2010] (2) The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area. (3) Agricultural worker housing pursuant to the requirements of § 301-239. [Added 3-15-2005 by L.L. No. 5-2005]
§ 301-21. Accessory buildings and structures. 301:44 § 301-21 ZONING AND LAND DEVELOPMENT § 301-23
A. Location. (1) No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows: (a) In a front yard. (b) In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building. (c) In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. (d) One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. [Amended 7-19-2011 by L.L. No. 21-2011] (2) Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one- family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street. B. Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-22. Living area. No dwelling shall be erected unless provisions shall be made therein as follows: A. For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area for the first story.
301:45 § 301-23 RIVERHEAD CODE § 301-24
§ 301-23. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule11 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-24. Cluster development and additional subdivision requirements. [Amended 1-21-2009 by L.L. No. 2-2009] A. Purpose and intent. It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils, scenic vistas, and significant natural features. B. In order to accomplish the clustering of residential lots within the RA80 Zoning Use District, an applicant for subdivision shall provide a standard yield plan and a cluster plat which succeeds in preserving agricultural land for agricultural use to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:12 (1) The location and extent of prime agricultural soils; (2) The location of wooded areas; (3) The location and extent of natural features; (4) The general topography and the location and extent of sloped areas; (5) The spatial relationship of the property to contiguous or neighboring preserved agricultural land; (6) The general stormwater tributary area and the extent and direction of overland drainage.
C. Cluster development in this article shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots or preservation of 70% of land as open space, recording of agricultural or open space easements which restrict division of said lot(s), coverage and such other items as the Planning Board deems appropriate to preserve the agriculture and scenic vistas created by the farm lot or open space area. D. The Planning Board may approve a cluster subdivision with a reduced percentage of preserved prime agricultural soils or open space based
11.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 12.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:46 § 301-24 ZONING AND LAND DEVELOPMENT § 301-25
upon unique characteristics of land such that public utilities, streets, arrangement of lots or existence of natural features require development with less than 70% preservation of prime agriculture soils or open space. In the event that the Planning Board approves a cluster subdivision that preserves less than 70% of prime agricultural soils or open space, the Planning Board must set forth all considerations, practical difficulties, and/or reasons supporting a decision to approve the cluster plat within the resolution approving the preliminary plat. In no event may the Planning Board approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open spaces area.
§ 301-25. Guidelines for cluster development. [Amended 1-21-2009 by L.L. No. 2-2009] The Planning Board shall apply the following guidelines in addition to Article LIII, Subdivision Regulations, and Article LIV, Cluster Development, of this chapter, for all cluster subdivisions: A. The cluster subdivision plat shall be designated so as to situate the agricultural lots or open space along an existing highway or roadway or adjacent to existing agricultural lots or preserved land or such other location such that maximum preservation of agricultural and scenic vistas are achieved. B. The agricultural lot shall be laid out so as to provide for one building area, and said building area shall be counted towards yield. The Planning Board shall describe the square footage of the building area, and the Planning Board may, in its discretion, require that the building area be plotted on the subdivision map. The Planning Board shall require covenants and restrictions to enforce dimensional requirements, lot coverage, impervious surface limits, retention or plan for all stormwater runoff for both the residential and agricultural components of the subject property as set forth in the Town Code, and such other items the Planning Board deems appropriate to conform with the intent of the cluster regulations, including, but not limited to, location and limitation of parking, outdoor storage, clearing limits, and means of ingress and egress. The Planning Board shall require covenants and restrictions to be filed affecting the aforestated prior to issuance of final plat approval. C. The agricultural lot must be laid out so as to provide a minimum lot size of 10 acres. An agricultural lot with a lot size greater than 20 acres shall only be divided if required to ensure appropriate arrangement of lots, streets and public utilities or preserve or highlight existence of natural features. An agricultural lot shall prohibit erection, construction, or placement of any structures, permanent or temporary, without prior approval of the Planning Board. D. Within the RA80 Zoning Use District, no more than 53% of wooded areas existing upon a tract shall be cleared.
301:47 § 301-25 RIVERHEAD CODE § 301-26
E. The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The sole purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features and open space to the greatest extent practicable.13
§ 301-26. Nonconforming lots. With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.14
13.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 14.Editor's Note: Original Art. VA, Residence D District, of the 1976 Code, added 7-7-1987, as amended, was repealed 6-22-2004 by L.L. No. 23-2004. 301:48 § 301-27 ZONING AND LAND DEVELOPMENT § 301-28
ARTICLE VI Residence B-80 (RB80) Zoning Use District15 [Added 6-22-2004 by L.L. No. 18-2004]
§ 301-27. Purpose and intent. The intent of the Residence B-80 (RB80) Zoning Use District is to allow for low-density single-family residential development and encourage protection of prime agricultural soils where appropriate.
§ 301-28. Uses. In the RB80 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Agricultural production, including but not limited to the following: (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans. (b) Fruits, including apples, peaches, grapes, cherries and berries. (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs. (f) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump. (g) Commercial horse-boarding operations. (2) Dwelling, one-family.
(3) Attached single-family dwelling units within a cluster subdivision. [Amended 7-19-2005 by L.L. No. 32-2005] (4) Riding academy, corral or facilities for the training of horses, including but not limited to private polo chukkers.
15.Editor's Note: Original Art. VI, Agriculture A District, of the 1976 Code, as amended, was repealed 6-22-2004 by L.L. No. 21-2004. 301:49 § 301-28 RIVERHEAD CODE § 301-28
(5) Greenhouse, provided that the subject parcel is a minimum of five acres. A permanent greenhouse to be used for retail sales shall be subject to site plan review and approval. [Amended 9-6-2006 by L.L. No. 36-2006] B. Specially permitted uses, by special permit of the Town Board: (1) Bed-and-breakfast. (2) Overhead electrical power transmission and distribution lines in excess of 13 kilovolts. (3) Educational institution without boarding facilities or dormitories, private. (4) Day-care facility conducted in a residence. (5) Golf course (standard), with or without clubhouse.
(6) An accessory dwelling unit with a maximum living area of 1,000 square feet on a lot of 10 acres or more, provided that the total number of dwelling units yielded by the original subdivision creating such lot is not exceeded. (7) Professional offices of attorneys, architects, medical doctors, or dentists, provided that the subject real property conforms to the following conditions: [Added 1-21-2009 by L.L. No. 6-2009] (a) The property is improved with a single-family residence at the time of the adoption of this Subsection B(7). (b) The professional office use shall be within the building footprint of the existing single-family residence. (c) The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold. (8) Home occupations or professions conducted within an accessory building by the residents thereof. [Added 6-2-2010 by L.L. No. 13-2010] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Home occupations or professions conducted within the dwelling by the residents thereof. [Amended 6-2-2010 by L.L. No. 13-2010] (2) The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm
301:50 § 301-28 ZONING AND LAND DEVELOPMENT § 301-30
products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area. (3) Agricultural worker housing pursuant to the requirements of § 301-239. [Added 3-15-2005 by L.L. No. 5-2005]
§ 301-29. Accessory buildings and structures. A. Location. (1) No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows: (a) In a front yard. (b) In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building. (c) In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. (d) One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. [Amended 7-19-2011 by L.L. No. 21-2011] (2) Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one- family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street. B. Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
301:51 § 301-30 RIVERHEAD CODE § 301-32
§ 301-30. Living area. No dwelling shall be erected unless provisions shall be made therein as follows: A. For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area for the first story.
§ 301-31. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule16 incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-32. Cluster development and additional subdivision requirements. [Amended 1-21-2009 by L.L. No. 1-2009] A. Purpose and intent. It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils, scenic vistas, and significant natural features. B. In order to accomplish the clustering of residential lots within the RB80 Zoning Use District, an applicant for subdivision shall provide a standard yield plan and a cluster plat which succeeds in preserving agricultural land for agricultural use to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:17 (1) The location and extent of prime agricultural soils; (2) The location of wooded areas; (3) The location and extent of natural features;
(4) The general topography and the location and extent of sloped areas; (5) The spatial relationship of the property to contiguous or neighboring preserved agricultural land; (6) The general stormwater tributary area and the extent and direction of overland drainage.
16.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 17.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:52 § 301-32 ZONING AND LAND DEVELOPMENT § 301-33
C. Cluster development in this article shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots or preservation of 70% of land as open space, recording of agricultural or open space easements which restrict division of said lot(s), coverage and such other items as the Planning Board deems appropriate to preserve the agriculture and scenic vistas created by the farm lot or open space area. D. The Planning Board may approve a cluster subdivision with a reduced percentage of preserved prime agricultural soils or open space based upon unique characteristics of land such that public utilities, streets, arrangement of lots or existence of natural features require development with less than 70% preservation of prime agriculture soils or open space. In the event that the Planning Board approves a cluster subdivision that preserves less than 70% of prime agricultural soils or open space, the Planning Board must set forth all considerations, practical difficulties, and/or reasons supporting a decision to approve the cluster plat within the resolution approving the preliminary plat. In no event may the Planning Board approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open spaces area.
§ 301-33. Guidelines for cluster development. [Amended 1-21-2009 by L.L. No. 1-2009] The Planning Board shall apply the following guidelines in addition to Article LIII, Subdivision Regulations, and Article LIV, Cluster Development, of this chapter, for all cluster subdivisions: A. The cluster subdivision plat shall be designated so as to situate the agricultural lots or open space along an existing highway or roadway or adjacent to existing agricultural lots or preserved land or such other location such that maximum preservation of agricultural and scenic vistas are achieved. B. The cluster subdivision plat must depict an arrangement of residential lots so as to reduce, to the maximum extent practicable, any nuisance or conflict between residential and agricultural uses, both within the tract and in relation to adjoining and nearby tracts, and to demonstrate compatibility of the cluster plat with existing residential development and agricultural land uses. C. The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code.
301:53 § 301-33 RIVERHEAD CODE § 301-34
D. The agricultural lot shall be laid out so as to provide for one building area, and said building area shall be counted towards yield. The Planning Board shall describe the square footage of the building area, and the Planning Board may, in its discretion, require that the building area be plotted on the subdivision map. The Planning Board shall require covenants and restrictions to enforce dimensional requirements, lot coverage, impervious surface limits, retention or plan for all stormwater runoff for both the residential and agricultural components of the subject property as set forth in the Town Code, and such other items the Planning Board deems appropriate to conform with the intent of the cluster regulations, including, but not limited to, location and limitation of parking, outdoor storage, clearing limits, and means of ingress and egress. The Planning Board shall require covenants and restrictions to be filed affecting the aforestated prior to issuance of final plat approval. E. The agricultural lot must be laid out so as to provide a minimum lot size of 10 acres. An agricultural lot with a lot size greater than 20 acres shall only be divided if required to ensure appropriate arrangement of lots, streets and public utilities or preserve or highlight existence of natural features. An agricultural lot shall prohibit erection, construction, or placement of any structures, permanent or temporary, without prior approval of the Planning Board. F. The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The sole purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features and open space to the greatest extent practicable.18
§ 301-34. Nonconforming lots. With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
18.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:54 § 301-35 ZONING AND LAND DEVELOPMENT § 301-36
ARTICLE VII Agriculture Protection (APZ) Zoning Use District19 [Added 6-22-2004 by L.L. No. 13-2004]
§ 301-35. Purpose and intent. The intent of the Agriculture Protection Zoning Use District (APZ) is to facilitate existing and future agricultural land uses; to preserve existing prime agricultural soils; to maintain highly productive agricultural lands by limiting encroachment of nonagricultural development; to minimize the conflicts between agricultural and nonagricultural uses; to discourage residential sprawl and minimize adverse fiscal impacts through the extension of municipal services; to maintain agricultural vistas; to promote agro-tourism; and to preserve the rural character of the Town of Riverhead.
§ 301-36. Uses. In the APZ District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Agricultural production, including but not limited to the following: (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans. (b) Fruits, including apples, peaches, grapes, cherries and berries. (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs. (f) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump. (g) Commercial horse-boarding operations. (2) Dwelling, one-family.
19.Editor's Note: Original Art. VII, Business A District (Resort Business), of the 1976 Code, as amended, was repealed 5-17-2005 by L.L. No. 14-2005. 301:55 § 301-36 RIVERHEAD CODE § 301-36
(3) Attached single-family dwellings within a cluster subdivision. [Amended 7-19-2005 by L.L. No. 34-2005] (4) Riding academy, corral or facilities for the training of horses, including but not limited to private polo chukkers. (5) Greenhouse, provided that the subject parcel is a minimum of five acres. A permanent greenhouse to be used for retail sales shall be subject to site plan review and approval. [Amended 9-6-2006 by L.L. No. 36-2006]
B. Specially permitted uses, by special use permit of the Town Board: [Amended 1-21-2009 by L.L. No. 5-2009; 4-7-2009 by L.L. No. 11-2009] (1) Bed-and-breakfast. (2) Overhead electrical power transmission and distribution lines in excess of 13 kilovolts. (3) Kennel, commercial. (4) Educational institution without boarding facilities or dormitories, private. (5) Day-care facility conducted in a residence. (6) An accessory dwelling unit with a maximum living area of 1,000 square feet on a lot of 10 acres or more, provided that the total number of dwelling units yielded by the original subdivision creating such lot is not exceeded. (7) Professional offices of attorneys, architects, medical doctors, or dentists, provided that the subject real property conforms to the following conditions: (a) The property is improved with a single-family residence at the time of the adoption of this Subsection B(7). (b) The professional office use shall be within the building footprint of the existing single-family residence. (c) The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold. (8) Home occupations or professions conducted within an accessory building by the residents thereof. [Added 6-2-2010 by L.L. No. 13-2010] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
301:56 § 301-36 ZONING AND LAND DEVELOPMENT § 301-37
(1) Home occupations or professions conducted within the dwelling by the residents thereof. [Amended 6-2-2010 by L.L. No. 13-2010] (2) The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to approval pursuant to Article LIIA, Farm Stand Review, of this chapter and all provisions set forth in Article LIIA, including but not limited to the definitions and principal use criteria set forth in §§ 301-283.2 and 301-283.4. [Amended 5-6-2008 by L.L. No. 16-2008; 10-6-2015 by L.L. No. 19-2015] (3) Agricultural worker housing pursuant to the requirements of § 301-239. (4) Farm operations.
§ 301-37. Accessory buildings and structures. A. Location. (1) No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows: (a) In a front yard. (b) In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building. (c) In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. (d) One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. [Amended 7-19-2011 by L.L. No. 21-2011] (2) Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one- family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be
301:57 § 301-37 RIVERHEAD CODE § 301-40
measured from the existing elevation of the center line of such street. B. Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-38. Living area. No dwelling shall be erected unless provisions shall be made therein as follows: A. For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area.
§ 301-39. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule20 incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. Further, all nonagricultural buildings constructed within the APZ shall be of a design and incorporate exterior materials as to exhibit rural character.
§ 301-40. Cluster development and additional subdivision requirements. [Amended 1-21-2009 by L.L. No. 3-2009] A. Purpose and intent. It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils and scenic vistas without impeding agricultural land use on a portion of a property or on adjacent or nearby properties. B. In order to accomplish the clustering of residential lots within the APZ, an applicant for subdivision shall provide a standard yield plan and a cluster plat which succeeds in preserving agricultural land for agricultural use to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:21 (1) The location and extent of prime agricultural soils; (2) The location of wooded areas;
20.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 21.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:58 § 301-40 ZONING AND LAND DEVELOPMENT § 301-41
(3) The location and extent of natural features; (4) The general topography and the location and extent of sloped areas; (5) The spatial relationship of the property to contiguous or neighboring preserved agricultural land; (6) The general stormwater tributary area and the extent and direction of overland drainage. C. Cluster development in this article shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots or preservation of 70% of land as open space, recording of agricultural or open space easements which restrict division of said lot(s), coverage and such other items as the Planning Board deems appropriate to preserve the agriculture and scenic vistas created by the farm lot or open space area. D. The Planning Board may approve a cluster subdivision with a reduced percentage of preserved prime agricultural soils or open space based upon unique characteristics of land such that public utilities, streets, arrangement of lots or existence of natural features require development with less than 70% preservation of prime agriculture soils or open space. In the event that the Planning Board approves a cluster subdivision that preserves less than 70% of prime agricultural soils or open space, the Planning Board must set forth all considerations, practical difficulties, and/or reasons supporting a decision to approve the cluster plat within the resolution approving the preliminary plat. In no event may the Planning Board approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open spaces area.
§ 301-41. Guidelines for cluster development. [Amended 1-21-2009 by L.L. No. 3-2009] The following guidelines are to be applied in addition to Article LIII, Subdivision Regulations, and Article LIV, Cluster Development, in this chapter, and shall apply to all cluster subdivisions within the APZ: A. The cluster subdivision plat shall be designated so as to situate the agricultural lots or open space along Sound Avenue or NYS Route 25 or adjacent to existing agricultural lots or preserved land or such other location such that maximum preservation of agricultural and scenic vistas are achieved.22 B. The cluster subdivision plat must locate and arrange the residential lots so as to protect, to the maximum extent practicable, that portion of the tract preserved for agricultural use.
22.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:59 § 301-41 RIVERHEAD CODE § 301-41
C. The cluster subdivision plat must depict an arrangement of residential lots so as to reduce, to the maximum extent practicable, any nuisance or conflict between residential and agricultural uses, both within the tract and in relation to adjoining and nearby tracts and to demonstrate compatibility of the cluster plat with existing residential development and agricultural land uses. D. The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment, minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code. E. The agricultural lot shall be laid out so as to provide for one building area, and said building area shall be counted towards yield. The Planning Board shall describe the square footage of the building area, and the Planning Board may, in its discretion, require that the building area be plotted on the subdivision map. The Planning Board shall require covenants and restrictions to enforce dimensional requirements, lot coverage, impervious surface limits, retention or plan for all stormwater runoff for both the residential and agricultural component of the subject property as set forth in the Town Code, and such other items the Planning Board deems appropriate to conform with the intent of the cluster regulations, including, but not limited to, location and limitation of parking, outdoor storage, clearing limits, and means of ingress and egress. The Planning Board shall require covenants and restrictions to be filed affecting the aforestated prior to issuance of final plat approval. F. The agricultural lot must be laid out so as to provide a minimum lot size of 10 acres. An agricultural lot with a lot size greater than 20 acres shall only be divided if required to ensure appropriate arrangement of lots, streets and public utilities or preserve or highlight existence of natural features. An agricultural lot shall prohibit erection, construction or placement of any structures, permanent or temporary, without prior approval of the Planning Board. G. The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The sole purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features and open space to the greatest extent practicable.23 H. The Planning Board may review applications for cluster subdivisions which preserve standard golf courses that exist as of the date of
23.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:60 § 301-41 ZONING AND LAND DEVELOPMENT § 301-42
enactment of the amendment of this Subsection H, subject to the following restrictions: [Added 1-21-2009 by L.L. No. 11-2009] (1) The yield shall be 66% of the yield allowed in the applicable zoning use district. (2) As set forth in § 301-207, there shall be no allocation of preservation credits made for the real property improved with a standard golf course, including that portion designated for the residential cluster. (3) Cluster subdivision shall be limited to homeowner association realty subdivisions. The Planning Board shall not entertain or approve condominium maps pursuant to Article LVIII, Condominium Maps, of this chapter. (4) All residential units shall be restricted to owners and occupants of the age of 55 years or older with the following exceptions: (a) A husband and wife under the age of 55 years who resides with his or her spouse who is 55 years of age or over. (b) Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is/ are residing is 55 years of age or older, provided that said child or children or grandchild or grandchildren are over the age of 19 years. (c) Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the Town Board that the presence of such person is essential for the physical care and economic support of the eligible older person.
§ 301-42. Nonconforming lots. With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
301:61
§ 301-43 ZONING AND LAND DEVELOPMENT § 301-45
ARTICLE VIII Residence RC (RC) Zoning Use District (Retirement Community)24 [Added 12-18-1979; amended 7-7-1987; 9-4-1990; 6-22-2004 by L.L. No. 20-2004; 6-19-2012 by L.L. No. 9-2012]
§ 301-43. Purpose. It is the purpose of this article to implement the recommendations of the Comprehensive Plan to permit the construction of high-density living accommodations with suitable facilities and services that are sufficiently adequate to provide seniors and disabled older individuals with comfortable and safe home-like housing in a congregate setting while providing a continuum of care that allows seniors and older individuals to age in place, and to further provide services that encourage personal independence and enhance the quality of life. In addition, it is the intent of the Town Board to provide a diversity of housing types to be located in close proximity to shopping, medical offices, public services and public transportation. Particular development applications made pursuant to this zoning use district will require the transfer of development rights pursuant to Article XLII, Transfer of Development Rights, of this chapter.25
§ 301-44. Uses. In the Residence RC District (Retirement Community), no building, structure or premises shall be used or arranged or designed to be used and no building shall be hereafter erected, reconstructed or altered or occupied, unless otherwise provided in this chapter for the following specially permitted uses: A. One-family dwelling units, either attached or detached, designed to provide living accommodations for persons 55 years of age or older. B. Independent congregate-living residences. C. Assisted-living retirement community. D. Continuing-care retirement community.
E. Accessory uses. Accessory uses shall include structures, buildings or improvements which are located on the same lot as the principal use and are customarily incidental to the principal use and designed for the sole use of the residents of the community or their guests.
24.Editor's Note: Original Art. VIII, Business B District (Shopping Center), of the 1976 Code, as amended, was repealed 12-14-2004 by L.L. No. 53-2004. 25.Editor's Note: Original § 108-117 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage. 301:63 § 301-45 RIVERHEAD CODE § 301-45
§ 301-45. Lot, yard, dimensional, yield and height requirements. No building shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule26 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. A. The as-of-right development yield for one-family dwelling units, either attached or detached, for persons 55 years of age or older as provided under § 301-44A shall not exceed one dwelling unit per 40,000 square feet of land area without the use of transferred development rights pursuant to Article XLII, Transfer of Development Rights, of this chapter. B. There shall be dimensional requirements for all residential units within the Residence RC Zoning Use District, to wit:
(1) Independent dwelling units within a continuing-care retirement community shall not exceed 1,200 square feet and shall not be less than 600 square feet. (2) All other units within either an assisted-living retirement community or a continuing-care retirement community shall not exceed 1,050 square feet and shall not be less than 350 square feet. (3) There shall be a maximum of two bedrooms for all residential units within either an assisted-living retirement community or a continuing-care retirement community. C. The development yield for all residential units within either an affordable assisted-living retirement community or an affordable continuing-care retirement community shall be as follows: (1) Independent living units shall not exceed four dwelling units per 40,000 square feet of real property. (2) Assisted-living units shall not exceed eight units per 40,000 square feet of real property. D. The development yield for all residential units within either a conventional assisted-living retirement community or a conventional continuing-care facility shall be as follows: (1) Independent living units shall not exceed two dwelling units per 40,000 square feet of real property. Independent living units shall not exceed four dwelling units per acre with the redemption of development rights, at a rate of one additional unit per development right.
26.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:64 § 301-45 ZONING AND LAND DEVELOPMENT § 301-46
(2) Assisted-living units shall not exceed four dwelling units per 40,000 square feet of real property. Assisted-living units shall not exceed eight dwelling units per acre with the redemption of development rights, at a rate of one additional unit per development right. E. The lot area shall not be less than 15 acres of contiguous real property in single or consolidated ownership. The contemplated development shall not be subdivideable. Multiple lots shall be consolidated prior to the approval of the relevant special permit.
§ 301-46. Additional requirements. The site plan shall show, in addition to all other requirements of this chapter, the following: A. All lots shall be located within the Town of Riverhead Water District and Sewer District or be located within 1,500 feet of the Water District and Sewer District and subject to approval for the requisite capacity for the proposed development. The applicant shall be responsible for all costs related to application for Water and/or Sewer District extension and costs related to extension of the appurtenances to include the parcel in the water and sewer districts. B. The method of water supply and of sewage disposal, conforming to Health Department requirements. C. At least 30% of the total site area shall be devoted to open space which shall be kept in its natural state or landscaped and maintained with grass for passive recreational uses such as picnic areas, walking trails, gardening and horticultural. D. The use of interconnecting walkways, trails and natural walking paths for pedestrian traffic shall be an integral part of the design of any development to facilitate access between common areas, groups of dwelling units and open space areas. E. All primary walkways and sidewalks shall meet Americans with Disabilities Act (ADA) requirements. Trails and natural walking paths are exempt from this requirement; however, the Town encourages maximizing accessibility to all residents. Due consideration shall be given to planning walks, ramps, and driveways to prevent slipping, stumbling, and handrails and ample places for rest shall be strategically provided. F. A buffer strip of not less than 10 feet in width consisting of massed trees and shrubbery or existing mature vegetation supplemented by new landscaping shall be maintained alongside front and rear property lines, except the buffer area shall be 25 feet in width along any lot line abutting a residential district or use. The trees and shrubbery shall consist of evergreens and deciduous plant material which, when planted, shall be at least six feet tall and when mature shall be maintained at a height of not less than eight feet, so as to provide an
301:65 § 301-46 RIVERHEAD CODE § 301-46
effective natural screen. No structure shall be permitted within this strip or buffer. G. All utilities shall be placed underground, including telephone, electric and cable telephone service. H. All parking shall comply with the Parking Schedule set forth in § 301-231 of this chapter, notwithstanding the following: (1) No parking shall be provided within 25 linear feet of the principal frontage. (2) Parking and loading areas shall be placed as far from adjacent residences as possible (but a minimum of 50 linear feet) and surrounded by landscaping. I. The proposed method of collection and disposal of stormwater, designed so as not to interfere with adjoining properties or burden public facilities. J. The proposed lighting facilities for the safety of pedestrian and vehicular traffic, with exterior spotlighting of buildings or grounds to be from shaded sources and located so that the light beams are not directed toward any lot in a residential district or toward a public highway. K. The provisions of this section (§ 301-46) which were added by Local Law No. 9-2012, adopted on June 19, 2012, are intended to and shall take effect for those parcels designated or mapped as Retirement Community after the effective date of Local Law No. 9-2012. Parcels that were mapped as Retirement Community prior to June 19, 2012, shall be subject to the additional requirements of § 301-46 in effect prior to June 19, 2012. [Added 3-1-2016 by L.L. No. 8-2016]
301:66 § 301-47 ZONING AND LAND DEVELOPMENT § 301-48
ARTICLE IX Hamlet Residential (HR) Zoning Use District27 [Added 6-22-2004 by L.L. No. 15-2004]
§ 301-47. Purpose and intent. The intent of the Hamlet Residential (HR) Zoning Use District is to allow for low-density single-family residential development and medium-density single-family residential development with transferred development rights.
§ 301-48. Uses. In the HR Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Dwelling, one-family. (2) Parks and playgrounds, noncommercial. (3) Attached single-family dwelling units.
(4) Agricultural production, including but not limited to the following: [Added 8-7-2007 by L.L. No. 23-2007] (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans. (b) Fruits, including apples, peaches, grapes, cherries and berries. (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs. (f) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump. (g) Commercial horse-boarding operations. B. Specially permitted uses, by special permit of the Town Board:
27.Editor's Note: Original Art. IX, Business C District (Neighborhood Business), of the 1976 Code, as amended, was repealed 12-14-2004 by L.L. No. 53-2004. 301:67 § 301-48 RIVERHEAD CODE § 301-49
(1) Bed-and-breakfast. (2) Day-care facility conducted in a residence. (3) Overhead electrical power transmission and distribution lines in excess of 13 kilovolts. (4) Nursery school when conducted in a residence. (5) Home occupations or professions conducted within an accessory building by the residents thereof. [Added 6-2-2010 by L.L. No. 13-2010] (6) Small animal rehabilitation conducted by licensed rehabilitators. The licensed rehabilitator shall also be a resident thereof. Small animals shall include rabbits, squirrels, possums, turtles and birds. In addition to the items to be considered in connection with a special permit by the Town Board as set forth elsewhere under Chapter 301, the applicant for a special permit shall establish the following: [Added 9-6-2017 by L.L. No. 18-2017] (a) The rehabilitation area is not greater than 750 square feet. (b) The rehabilitation area shall be completely enclosed. (c) The applicant is a licensed New York State DEC rehabilitator. (d) The applicant does not charge any fee for services. (e) The applicant may not have any paid employees or staff. Nothing herein shall prevent the applicant from having assistants that are not paid. (f) No sign shall be posted upon the premises designating it as a small animal rehabilitator. (g) The rehabilitation area shall not be open to the public. (h) All waste from the small animals shall be placed in closed containers and disposed off site not less than two times weekly. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses when located on the same lot. Specifically permitted are the following: (1) Home occupations or professions conducted within the dwelling by the residents thereof. [Amended 6-2-2010 by L.L. No. 13-2010]
§ 301-49. Accessory buildings and structures. A. Location. (1) No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
301:68 § 301-49 ZONING AND LAND DEVELOPMENT § 301-51
(a) In a front yard. (b) In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building. (c) In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. (d) One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. [Amended 7-19-2011 by L.L. No. 21-2011] (2) Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one- family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street. B. Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-50. Living area. No dwelling shall be erected unless provisions shall be made therein as follows: A. For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area for the first story.
§ 301-51. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule28 incorporated into this article by reference and made a part hereof with the same force and effect as if such
28.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:69 § 301-51 RIVERHEAD CODE § 301-54 requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-52. Cluster development and additional subdivision requirements. A. Purpose and intent. It is the purpose of this article to encourage cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of residential lots and environmentally sensitive lands. B. In order to accomplish the clustering of residential lots within the HR Zoning Use District, an applicant for subdivision shall provide a standard yield plan and a cluster plat, which succeeds in preserving natural features and the community character of a traditional residential neighborhood to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:29 (1) The location of wooded areas; (2) The location and extent of natural features; (3) The general topography and the location and extent of sloped areas; (4) The spatial relationship of the property to contiguous or neighboring preserved agricultural land; (5) The general stormwater tributary area and the extent and direction of overland drainage.
§ 301-53. Guidelines for cluster development. The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code.
§ 301-54. Nonconforming lots. With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to
29.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:70 § 301-54 ZONING AND LAND DEVELOPMENT § 301-54 maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
301:71
§ 301-55 ZONING AND LAND DEVELOPMENT § 301-56
ARTICLE X Hamlet Center (HC) Zoning Use District30 [Added 10-21-2004 by L.L. No. 42-2004]
§ 301-55. Purpose and intent. The intent of the Hamlet Center (HC) Zoning Use District is to provide small clusters of shops and professional services in a rural setting, with a residential character. Development is intended to be pedestrian-friendly, small-scale, and clustered in a campus-style pattern. The HC Zoning Use District is intended to have larger front and side setbacks and more landscaping than the Village Center (VC) Zoning Use District.
§ 301-56. Uses. In the HC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Retail stores. (2) Art galleries and arts and craft shops. (3) Antiques stores and home furnishing stores. (4) Personal services. (5) Specialty food stores, wine shops and bakeries with retail sales on premises. (6) Restaurants, cafes, banquet facilities, and ice cream parlors. (7) Offices.
(8) Professional offices. (9) Museums. (10) Libraries. (11) Schools. (12) Places of worship. (13) Apartments on upper floors.
30.Editor's Note: Original Art. X, Business D District (General Business), of the 1976 Code, as amended, was repealed 12-14-2004 by L.L. No. 53-2004. 301:73 § 301-56 RIVERHEAD CODE § 301-58
(14) One-family dwellings upon lots with a minimum area of 80,000 square feet. [Added 9-15-2009 by L.L. No. 50-2009] B. Special permit uses: (1) Bed-and-breakfast establishments as set forth in and subject to § 301-240. [Amended 9-15-2009 by L.L. No. 50-2009] (2) Indoor recreation facilities. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. D. Prohibited uses:
(1) Two-family dwelling units. [Amended 9-15-2009 by L.L. No. 50-2009] (2) Townhouses. (3) Single retail stores with a floor area exceeding 10,000 square feet. (4) Convenience stores. (5) Gasoline service stations. (6) Residences on ground floors, except one-family dwellings and bed- and-breakfast facilities as an accessory use to a one-family dwelling as set forth in Subsection B(1) of this section. [Amended 9-15-2009 by L.L. No. 50-2009]
§ 301-57. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule31 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. New buildings in the HC Zoning Use District shall comply with the lot, yard, bulk and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to grant variances in front setbacks based on the contextual pattern of nearby commercial or residential properties, so as to maintain a unified street wall pattern. C. Exemptions. Bay windows, unenclosed porches, and other projections shall be exempt from calculation of building area, in order to provide incentives for variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
31.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:74 § 301-58 ZONING AND LAND DEVELOPMENT § 301-58
§ 301-58. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 19-2009] The design, buffer and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) The principal building entrance and front shall face the primary street frontage and sidewalk. (2) Building design and landscaping should serve to reinforce and announce the main pedestrian building entrances. (3) Walkways shall be provided for safe and convenient pedestrian access from sidewalks to storefront entries, and from storefronts to adjacent public parks and residential and commercial areas. (4) Special materials, such as brick or cobblestones and picket fences, are encouraged for walkways in hamlet areas, particularly those with older or historic buildings. (5) For ground-floor commercial space, at least 50% of the linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs. (6) The exteriors of buildings shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided. (7) Building shape, proportions, massing, and design should be appropriate to the historic character of the hamlet in which the building is located. Architectural features such as porches, porticoes, shutters, decorative door and window frames, balconies, cornices, dormers, chimneys, turrets, and spires should be used to reinforce a pedestrian scale and create interest and variety in the facade. (8) Signs shall be provided in accordance with Article XLVIII, Signs, of this chapter. (9) Buffering and transitions. (a) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
301:75 § 301-58 RIVERHEAD CODE § 301-58
(b) Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones. (c) Deliveries and loading activities shall to the extent possible be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays. B. Parking standards. (1) The number of off-street parking spaces in the HC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) Parking requirements may be reduced with payment of a fee or land dedication in lieu of providing off-street parking as provided for in § 301-231. (4) Off-street parking areas or garages shall be recessed at least 15 feet back from the front property line. (5) Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot. (6) Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street. (7) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. (8) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (9) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
301:76 § 301-58 ZONING AND LAND DEVELOPMENT § 301-58
(a) Entire parking areas shall be surfaced with gravel, rather than pavement. (b) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (c) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
C. Additional requirements. [Added 2-17-2016 by L.L. No. 5-2016] (1) Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store, shop, or other business establishment in which goods, wares, foods, commodities, articles or products are sold at retail, except that a retail business establishment shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
301:77
§ 301-59 ZONING AND LAND DEVELOPMENT § 301-60
ARTICLE XI Village Center (VC) Zoning Use District32 [Added 10-21-2004 by L.L. No. 43-2004]
§ 301-59. Purpose and intent. The intent of the Village Center (VC) Zoning Use District is to transform village commercial nodes into vibrant "Main Streets" with small shops, restaurants, and professional services following a traditional pattern of development and design in a compact, pedestrian-oriented setting.
§ 301-60. Uses. In the VC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A. Permitted uses: [Amended 2-7-2006 by L.L. No. 7-2006] (1) Retail stores. (2) Antiques stores. (3) Art galleries. (4) Arts and crafts shops. (5) Personal services. (6) Restaurants, cafes, banquet facilities and ice cream parlors. (7) Bakeries with retail sales on premises, and specialty food stores. (8) Banks. (9) Professional offices (excluding veterinary offices).
(10) Museums. (11) Libraries. (12) Schools. (13) Places of worship. (14) Parks and playgrounds. (15) Apartments on upper floors. B. Special permit uses:
32.Editor's Note: Original Art. XI, Industrial A District (Light Industry), of the 1976 Code, as amended, was repealed 5-17-2005 by L.L. No. 14-2005. 301:79 § 301-60 RIVERHEAD CODE § 301-60
(1) Indoor recreation facilities. (2) Day-care establishments and nursery schools. (3) Live entertainment as a principal use. (4) Bed-and-breakfast establishments. (5) One-family dwellings. (6) Microbreweries, brewpubs, microcideries, and microwineries are subject to the following additional criteria: [Added 2-2-2016 by L.L. No. 2-2016] (a) The use shall not be located within 200 feet of a house of worship or 500 feet of a school. (b) The use shall be limited to serving prepackaged food products unless the applicant obtains approval and a certificate of occupancy for use as a brewpub or restaurant use within that portion of the premises used for preparation and service of food. (c) The use shall permit tastings and sale for on-site consumption, subject to all required permits and approvals required by state and local laws, rules and regulations. (d) The use shall permit sales for off-site consumption (i.e., filling of growlers) limited to 1,000 barrels annually and offers to licensed retailers and wholesalers limited to 2,500 barrels of beer, cider or wine annually. (e) Processing and manufacturing shall not exceed 10,000 barrels (310,000 gallons) annually. (f) All manufacturing and processing activities, including storage of grains, shall take place within an enclosed building. (g) A maximum of 70% of the total square footage shall be used for manufacture and processing. (h) A minimum of 30% shall be used for sale and marketing of the manufactured product. (i) All sales and marketing shall be located in the portion of the building located along road frontage. (j) A microbrewery, brewpub, microcidery, or microwinery use shall be required to hook up to the sewer system and enter into a monitoring agreement with the Sewer District to determine flow and calculate use fee. (Note: A separate hook-up and fee shall be assessed for a pub/restaurant use related to a brewpub.)
301:80 § 301-60 ZONING AND LAND DEVELOPMENT § 301-62
(k) All loading areas shall be located in the rear portion of the building. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Home occupations. D. Prohibited uses: (1) Two-family dwelling units. (2) Townhouses. (3) Apartments on ground floors.
(4) Offices, excluding professional offices, on ground floors. [Amended 3-6-2007 by L.L. No. 4-2007] (5) Drive-through windows.
§ 301-61. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule33 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. New buildings in the VC Zoning Use District shall comply with the lot, yard, bulk and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to grant variances in front setbacks based on the contextual pattern of nearby commercial or residential properties, so as to maintain a unified street wall pattern.
§ 301-62. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 14-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) of this section which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards.
33.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:81 § 301-62 RIVERHEAD CODE § 301-62
(1) The principal building entrance and front shall face the primary street frontage and sidewalk. (2) Building design and landscaping should serve to reinforce and announce the main pedestrian building entrances. (3) Development shall provide walkways for safe and convenient pedestrian access to storefront entries from sidewalks, and to link storefronts to any nearby public parks and residential and commercial areas. (4) For ground-floor commercial space, at least 25% of linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs. (5) The exteriors of buildings shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided. (6) Building shape, proportions, massing, and design should be appropriate to the historic character of the commercial center in which the building is located. Architectural features such as porches, porticoes, shutters, decorative door and window frames, balconies, cornices, dormers, chimneys, turrets, and spires should be used to create pedestrian-scale interest and variety in the facade. (7) Signs shall be provided in accordance with Article XLVIII, Signs, of this chapter. (8) Buffering and transitions. (a) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones. (c) Deliveries and loading activities shall to the extent possible be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays. B. Parking standards. (1) The number of off-street parking spaces in the VC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
301:82 § 301-62 ZONING AND LAND DEVELOPMENT § 301-62
(2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) Parking requirements may be reduced with payment of a fee or land dedication in lieu of providing off-street parking as provided for in § 301-231. (4) Off-street parking shall not be permitted in the front yard. Parking shall be sited to rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line. (5) Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot. (6) Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street. (7) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. (8) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (9) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Entire parking areas shall be surfaced with gravel, rather than pavement. (b) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
301:83 § 301-62 RIVERHEAD CODE § 301-62
(c) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
C. Additional requirements. [Added 2-17-2016 by L.L. No. 6-2016] (1) Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store, shop, or other business establishment in which goods, wares, foods, commodities, articles or products are sold at retail, except that a retail business establishment shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
301:84 § 301-63 ZONING AND LAND DEVELOPMENT § 301-64
ARTICLE XII Rural Corridor (RLC) Zoning Use District [Added 10-21-2004 by L.L. No. 41-2004]
§ 301-63. Purpose and intent. The intent of the Rural Corridor (RLC) Zoning Use District is to allow a very limited range of roadside shops and services that are compatible with the agricultural and rural setting along major arterial roads, such as New York State Route 25, leading into Downtown Riverhead and areas zoned Hamlet Center (HC) or Village Center (VC).
§ 301-64. Uses. In the RLC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Agricultural production. (2) Antique stores and craft stores. (3) Retail stores or shops on properties with frontage along either side of New York State Route 25 between South Jamesport and Washington Avenues and their logical extensions. (4) Nurseries. (5) Museums. (6) Libraries. (7) Schools.
(8) Places of worship. (9) Parks and playgrounds. (10) Single-family and two-family houses. B. Special permit uses: (1) Professional offices, provided they are within 1/4 mile of the Hamlet Center (HC) or Village Center (VC) Zoning Use Districts. (2) Country inns, provided they are within 1/4 mile of the HC or VC Zoning Use Districts. (3) Funeral homes, provided they are within 1/4 mile of the HC or VC Zoning Use Districts.
301:85 § 301-64 RIVERHEAD CODE § 301-64
(4) Bistros, cafes. (5) Bed-and-breakfast establishments. (6) Professional offices of attorneys, architects, medical doctors, or dentists, provided that the subject real property conforms to the following conditions: [Added 6-17-2008 by L.L. No. 17-2008] (a) The property is improved with a single-family residence at the time of the adoption of this Subsection B(6). (b) The professional office use shall be within the building footprint of the existing single-family residence. (c) The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold. (7) Existing structures may be enlarged for use as professional offices of attorneys, architects, medical doctors, or dentists as wellness facilities or as general offices, provided that the subject property conforms to the following: [Added 9-6-2017 by L.L. No. 19-2017] (a) Such property must be designated as a landmark pursuant to Article II of Chapter 241 of the Town Code of the Town of Riverhead or be property that is located in and contributes to the character of a designated historic district, created pursuant to Article III of Chapter 241 of the Town Code of the Town of Riverhead. (b) The existing historic structure must be preserved and restored following guidelines and review standards established in Article III of Chapter 241 of the Town Code of the Town of Riverhead. (c) Any additions thereto must meet guidelines and review standards established in Article III of Chapter 241 of the Town Code of the Town of Riverhead. (d) Additions to and alteration and rehabilitation of exteriors are approved by the Town's Landmarks Preservation Commission prior to commencement of work. (e) The floor area of additions shall not exceed 100% of the floor area of the existing structure or 3,000 square feet, whichever is less. (f) The lot coverage of additions shall not exceed the total lot coverage allowed for this zone.
301:86 § 301-64 ZONING AND LAND DEVELOPMENT § 301-66
(g) The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Farm stands. (2) Wine tasting rooms.
§ 301-65. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule34 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. New buildings in the RLC Zoning Use District shall comply with the lot, yard, bulk and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to grant variances in front setbacks based on the contextual pattern of nearby commercial or residential properties, so as to maintain a unified street wall pattern.
§ 301-66. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 18-2009] The design, buffer and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) For all parcels three acres or greater in area, the proposed floor area shall be distributed into a minimum of four buildings, with no building having a footprint greater than 5,000 square feet. (2) Properties within 1/4 mile of a Downtown Center (DC), Hamlet Center (HC) or Village Center (VC) Zoning Use District shall provide sidewalks within the public right-of-way abutting their properties. Otherwise, sidewalks are specifically discouraged.
34.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:87 § 301-66 RIVERHEAD CODE § 301-66
(3) In order to minimize their visual impacts on the predominantly rural corridors, nonagricultural uses shall be housed in residential or farm-style buildings. (4) Nonagricultural-use buildings should echo the character of the district's residences or farmhouses in terms of shape, roofline, and massing. The exteriors of buildings shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided. (5) Agricultural-use buildings should harmonize with the agricultural character of the area through appropriate use of materials, paint colors, and landscaping. (6) Signage shall be provided in accordance with Article XLVIII, Signs, of this chapter.
B. Parking standards. (1) The number of off-street parking spaces in the RLC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Parking is prohibited in the front yard. Parking shall be provided to the side or rear of buildings. (3) Where site grading and topography result in parking areas being located at higher elevation than and visible from the adjacent roadway, planted berms shall be used to screen the view of automobiles from public roadways. (4) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting for shade: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (5) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. (6) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management measures shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Entire parking areas shall be surfaced with gravel, rather than impervious pavement. (b) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
301:88 § 301-66 ZONING AND LAND DEVELOPMENT § 301-66
(c) Landscaped areas shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
C. Additional requirements. [Added 2-17-2016 by L.L. No. 4-2016] (1) Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store, shop, or other business establishment in which goods, wares, foods, commodities, articles or products are sold at retail, except that a retail business establishment shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
301:89
§ 301-67 ZONING AND LAND DEVELOPMENT § 301-68
ARTICLE XIII Tourism/Resort Campus (TRC) Zoning Use District [Added 11-16-2004 by L.L. No. 51-2004]
§ 301-67. Purpose and intent. The intent of the Tourism/Resort Campus (TRC) Zoning Use District is to provide opportunities for overnight accommodations and recreational amenities in a campus setting with significant open space preserves.
§ 301-68. Uses. In the TRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Bed-and-breakfast establishments. (2) Country inn. (3) Country club. (4) Recreational/sporting club with or without clubhouse. B. Special permit uses: (1) Resorts on parcels of at least 50 acres in size and which shall include: (a) Health spas. (b) Hotels with or without docking facilities. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Art galleries. (2) Retail stores and personal service shops, as accessory to a hotel use and enclosed within the hotel building, and intended to serve guests only. Such accessory shall not exceed 10% of the total floor area of rooms provided. (3) Recreational facilities, including equestrian facilities, accessory to and restricted to resort guests. (4) Catering halls and restaurants, when accessory to a hotel, not to exceed a total of 300 seats.
301:91 § 301-68 RIVERHEAD CODE § 301-70
(5) Tavern, not to exceed 50 seats. D. Prohibited uses: (1) Motels. (2) Golf courses. (3) Hotel units converted to condominiums.
§ 301-69. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule35 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, all properties shall provide a contiguous open space area equal to at least 70% of the lot area, to be designed as follows: (1) At least 50% of such open space areas shall be planted with native species or left in its undisturbed natural form in order to enhance the appearance and function of the tidal wetlands and other native habitats. (2) The remaining open space portion on the property shall be attractively landscaped with lawns, shrubs, flowerbeds, or nonimpervious recreation areas. (3) In conformance with the best management practices of the Comprehensive Conservation and Management Plan (CCMP) of the Peconic Estuary Program.
§ 301-70. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 26-2009] The design, buffer and parking standards listed in the provisions below (Subsections A, B and C of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection C(1) of this section which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) Driveway openings and curb cuts shall be aligned with the existing curb cuts along major arterial roads in order to reduce the
35.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:92 § 301-70 ZONING AND LAND DEVELOPMENT § 301-70
potential addition of traffic lights and conflicting turning movements. (2) In order to protect the health of the waterways, the use of lawns and other plantings which rely on fertilizers and herbicides is strongly discouraged along areas bordering waterfronts. (3) Resort projects shall be set back at least 100 feet from all property lines and waterfront areas. B. Buffering and transitions. (1) Trash/dumpster areas shall be screened from view of streets, sidewalks, pedestrian pathways, and windows of residential buildings, pursuant to § 245-8. (2) Resort developments shall provide dense natural or landscaped buffers a minimum of 100 feet along borders with other properties, railroad easements, and roadways. Buffer planting is not required along waterfront borders. C. Parking standards. (1) The number of off-street parking spaces in the Tourism/Resort Campus District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots. (3) Planted berms shall be used to screen the view of automobiles from public roadways. (4) Off-street parking is prohibited within 50 feet of all property lines for resort developments. (5) Driveways shall be set back at least 30 feet from side property lines for resort developments. (6) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. This landscaping requirement is in addition to the seventy-percent parcel-wide landscaping mentioned above. (7) Parking lots with 21 or more spaces shall have orchard planting for shade: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (8) In order to provide groundwater recharge and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
301:93 § 301-70 RIVERHEAD CODE § 301-70
(a) Entire parking areas shall be surfaced with gravel, rather than pavement. (b) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (c) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas. (9) Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances in order to create parking fields of no more than 250 spaces each.
301:94 § 301-71 ZONING AND LAND DEVELOPMENT § 301-72
ARTICLE XIV Multifamily Residential Professional (MRP) Office Zone District [Added 4-4-1989]
§ 301-71. Purpose. The purposes of this article are to provide for multifamily residences and professional office activities adjacent to neighborhood commercial areas; to respect and preserve the existing rural and woodland character of hamlets; and to provide for coordinated site design which unifies individual developments, thereby allowing convenient and safe vehicular circulation and promoting high-quality design of developments which complements the scale and hamlet character of these areas.36
§ 301-72. Uses. [Amended 4-20-2010 by L.L. No. 7-2010; 10-2-2012 by L.L. No. 26-2012] In the Multifamily Residential Professional Office Zone District, no building, structure or premises shall be used, arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for one of the following permitted uses and their customary accessory uses: A. Permitted uses: (1) Multifamily residential condominiums served by a community water system of Suffolk County Department of Health Services. (2) Day-care centers or nursery schools, as defined by the Social Services Law. (3) Professional offices of: (a) Accountants. (b) Architects. (c) Artists.
(d) Attorneys. (e) Audiologists. (f) Bookkeepers. (g) Chiropractors. (h) Dentists. (i) Engineers.
36.Editor's Note: Original § 108-168 of the 1976 Code, Zoning use classification, as amended, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:95 § 301-72 RIVERHEAD CODE § 301-72
(j) Income tax preparers. (k) Insurance agents or brokers. (l) Interior designers. (m) Journalists. (n) Medical doctors. (o) Optometrists. (p) Osteopaths. (q) Podiatrists. (r) Person or persons determined by the Town Board to be engaged in a profession similar to those set forth above. (4) One-family townhomes or multifamily units. (5) Agricultural production, including but not limited to the following: (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans. (b) Fruits, including apples, peaches, grapes, cherries and berries. (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs. (f) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump. (g) Commercial horse-boarding operations. (6) Professional studios and performing arts studios. B. Special permit uses: (1) Public libraries/museums. (2) Public facilities, including firehouses and police stations. (3) Institutions, including schools, places of worship, and community centers. C. Accessory uses:
301:96 § 301-72 ZONING AND LAND DEVELOPMENT § 301-73
(1) Those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot and not involving the conduct of a business unless as otherwise specified below. (2) The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area.
§ 301-73. Development standards. [Amended 4-20-2010 by L.L. No. 7-2010; 10-2-2012 by L.L. No. 26-2012] A. Lot area. The minimum lot area shall be 160,000 square feet. B. Lot width. The minimum width (frontage) shall be 400 feet. C. Yards. (1) Front. The minimum front yard shall be 50 feet. No building, structure, storage, tennis court, swimming pool, parking or other similar accessory uses shall be located in the front yard so provided. Sidewalks, walkways, and access driveways shall be exempt from this requirement. (2) Side. The minimum side yard shall be 25 feet. (3) Rear. The minimum rear yard shall be 50 feet, except that the minimum rear yard shall be 25 feet when adjacent to a property within a Multifamily Residential Professional Office Zone District. D. Building area. (1) The maximum building area shall be 15%.
(2) The number of dwelling units permitted for residential uses shall be based on the number of bedrooms per dwelling unit and the type of community water and sewage system provided, which number shall be incorporated as a filed restriction in all deeds and titles related to the condominium site as follows: (a) One-bedroom dwelling units: 4.0 per acre. (b) Two-bedroom dwelling units: 3.0 per acre. E. Floor area ratio. The maximum floor area ratio shall be 0.20. F. Impervious surface coverage. The maximum impervious surface coverage for all uses shall be 75%.
301:97 § 301-73 RIVERHEAD CODE § 301-74
G. Height. The maximum height of buildings and structures shall be 35 feet, and the maximum stories shall be 2 1/2. H. Unit size. The maximum size of dwelling units, exclusive of up to 400 square feet for attached or detached garages, shall be as follows: (1) One-bedroom dwelling units: 1,400 square feet. (2) Two-bedroom dwelling units: 1,800 square feet.
§ 301-74. Landscaping, screening and buffering. [Amended 4-20-2010 by L.L. No. 7-2010; 10-2-2012 by L.L. No. 26-2012; 5-22-2013 by L.L. No. 8-2013] A. A front yard landscape buffer plan shall be reviewed and approved by the Planning Board for property zoned Multifamily Residential Professional Office (MRP) Zone for residential uses. Said plan shall include a minimum thirty-five-foot front yard landscaped buffer along the entire property line with the exception of the required site and emergency access locations and/or bus shelter, as required by the Planning Board. Proposed landscaping shall not impede sight distances from any street intersections and/or driveways. B. Proposed landscaping shall be staggered and of sufficient height to fully diffuse and screen the mass and scale of the development from the street view year round. The term "sufficient height" shall mean deciduous trees no less than a caliper of 3 1/2 inches and a variety of evergreen trees a minimum of six feet in height. Said buffer yard may be designed to include the installation and planting of an earthen berm and/or fence not to exceed six feet in height. Said fence shall be placed behind any required berm or buffer vegetation. C. Yard landscaping. Within all the required yards, the existing vegetation shall be retained. Any proposals for disturbance shall be subject to site plan approval and Architectural Review Board recommendation. D. Preservation of existing vegetation. Site plans for the development of property located in a Multifamily Residential Professional Office Zone District shall include an indication of existing mature trees and other instances of unique, indigenous and/or significant vegetation or other natural features so as to ensure their preservation and thereby retain an open space environment which enhances the character of the Town. E. Parking areas. (1) The visual impact of parking areas shall be softened by interrupting continuous rows of parking spaces with planting and by creating planted canopies over parking areas. (2) Any open parking areas of 15 spaces or more shall be provided with internal landscaping covering not less than 10% of the total area of the parking area.
301:98 § 301-74 ZONING AND LAND DEVELOPMENT § 301-77
(3) Landscaping shall be reasonably dispersed throughout the parking area. Primary landscape materials shall be shade trees. Secondary materials shall complement the tree planting and the surrounding natural environment.
§ 301-75. Access and parking requirements. A. Parking. [Amended 10-2-2012 by L.L. No. 26-201237] (1) Parking shall be provided in conformity with the Parking Schedule included as an attachment to this chapter and § 301-231 below. (2) If a mix of uses is proposed, the Planning Board may entertain a proposal for shared parking from the applicant. If the applicant requests less parking because of the sharing of spaces between uses, the applicant shall submit a shared parking study to justify the reduced number of parking spaces. However, in no case shall the parking requirement be reduced by more than 15%. B. Access. No more than one access shall be provided per lot.
§ 301-76. Signage. Signage shall meet the requirements of Article XLVIII, Signs, of this chapter.
§ 301-77. Additional requirements. A. Cluster development application. The application for a proposed condominium will be combined with an application for a cluster development pursuant to the provisions of Article LIV, Cluster Development, of this chapter, and both will be considered under this provision. B. Additional information. The Planning Board, under these provisions and the procedures set forth in the subdivision regulations of the Town of Riverhead, may require the following additional information as a basis for approving the condominium map of such condominium subdivisions:
(1) A complete site plan showing the location of all landscaping and other improvements, including dwelling units (with floor plans, elevation of all buildings and structures). (2) The text of all filed restrictions on the use of the land and buildings, including the condominium agreement ads approved by the New York State Attorney General. (3) Any other information deemed by the Board to be necessary to a reasonable determination of the application.
37.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:99
§ 301-78 ZONING AND LAND DEVELOPMENT § 301-79
ARTICLE XV Commercial/Residential Campus (CRC) Zoning Use District [Added 10-12-2004 by L.L. No. 35-2004]
§ 301-78. Purpose and intent. [Amended 12-5-2006 by L.L. No. 52-2006] The intent of the Commercial/Residential Campus (CRC) Zoning Use District is to provide locations for offices and professional offices which offer essential legal, medical, accounting, real estate, travel, and other services to Riverhead residents, and to provide additional housing alternatives convenient to services and arterials.
§ 301-79. Uses. In the CRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Offices. (2) Banks. (3) Restaurants. (4) Funeral homes. (5) Single-family residences. (6) Two-family residences, with the use of one preservation credit. (7) Townhouses. (8) Garden apartments.
(9) Radio and television broadcast studios. (10) Schools. (11) Museums and art galleries. (12) Meeting rooms of fraternal organizations. (13) Places of worship. (14) Parks and playgrounds.
(15) Indoor sports and recreation facilities. [Added 12-5-2006 by L.L. No. 52-2006]
301:101 § 301-79 RIVERHEAD CODE § 301-81
B. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Home occupations.
(2) Drive-through windows for banks and pharmacies. [Amended 1-17-2006 by L.L. No. 4-2006]
§ 301-80. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule38 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide an attractively landscaped open space area equal to at least 20% of the lot area at the front of the lot.
§ 301-81. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 28-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) Office and professional office developments shall be organized in a campus style. (2) Driveway openings and curb cuts shall be aligned with existing curb cuts along major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements. (3) Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 58 or other major arterial street.
38.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:102 § 301-81 ZONING AND LAND DEVELOPMENT § 301-81
(4) Signage shall be provided in accordance with Article XLVIII, Signs, of this chapter. (5) Buffering and transitions. (a) Trash/dumpster areas shall be screened from view of streets, sidewalks, pedestrian pathways, and windows of residential buildings, pursuant to § 245-8. (b) Buffer plantings shall be provided between commercial uses and adjoining residential uses or zones, as well as along frontages with arterial roads. B. Parking standards. (1) The number of off-street parking spaces in the CRC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots. (3) Planted berms shall be used to screen the view of automobiles from public roadways. (4) Off-street parking is prohibited within 10 feet of all property lines. (5) Driveways are prohibited within five feet of side property lines. (6) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the twenty-percent parcel-wide landscaping mentioned above. (7) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (8) In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:103 § 301-81 RIVERHEAD CODE § 301-81
(9) Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each.
301:104 § 301-82 ZONING AND LAND DEVELOPMENT § 301-83
ARTICLE XVI Business PB (BUS PB) Zoning Use District [Added 6-20-1978]
§ 301-82. Purpose. [Amended 7-18-2006 by L.L. No. 24-2006] It is the purpose of this article to implement the recommendations of the Master Plan to permit the new construction, reconstruction or renovation of existing structures for the uses set forth below. This use district designation is to be applied consistent with the standards set forth below in transitional areas between intensive business development and residential development, primarily along major arteries. This use district designation may be imposed by the Town Board in conjunction with or to the exclusion of all other use districts shown upon the Official Map of the Town of Riverhead.
§ 301-83. Uses. [Amended 9-18-1984; 10-6-1992; 7-18-2006 by L.L. No. 24-2006] In the Business PB District, no building, structure or premises shall be used or arranged or designed to be used and no building or structure shall be hereafter erected, reconstructed or altered or occupied, unless otherwise provided in this chapter, except for one or more of the following uses or accessory uses: A. Permitted uses: (1) Professional offices of: (a) Accountants. (b) Architects. (c) Artists. (d) Attorneys. (e) Audiologists.
(f) Bookkeepers. (g) Chiropractors. (h) Dentists. (i) Draftsmen. (j) Engineers. (k) Income tax preparers. (l) Insurance agents or brokers. (m) Interior decorators.
301:105 § 301-83 RIVERHEAD CODE § 301-85
(n) Journalists. (o) Medical doctors. (p) Optometrists. (q) Osteopaths. (r) Podiatrists. (s) Photographers. (t) Physical therapists. (u) Real estate agents or brokers. (v) Surveyors. (w) Veterinarians. B. Special permit uses. All special permit uses set forth herein shall be subject to the approval of the Town Board pursuant to the definition of "special permits" in § 301-3 of this chapter. Special permit uses are as follows: (1) Day-care centers or nursery schools as defined by the Social Services Law. (2) Any other professional offices of a person or person engaged in a profession similar to those in Subsection A(1) above. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted or special permitted uses when located on the same lot and specifically granted by the Town Board as accessory to the permitted or special permitted uses.
§ 301-84. Lot, yard, bulk and height requirements. No building shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule39 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-85. Additional requirements. A. There shall be a protective planting strip or buffer, not less than 10 feet in width, along any lot line abutting a residential district or use. No structure, storage or parking or other uses shall be permitted within this strip or buffer. Said buffer or strip will be planted with evergreens or similar vegetation which, when planted, shall be at least six feet tall and when mature shall be maintained at a height of not less than eight
39.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:106 § 301-85 ZONING AND LAND DEVELOPMENT § 301-85
feet, so as to provide an effective natural screen between districts. The maintenance of this strip or buffer, any parking area or any green area shown on a site plan submitted as a part of an application for a special permitted use under this article during the continuance of said use is hereby a condition of said special use, and the failure to maintain said areas shall operate to revoke said special permit in addition to all other penalties provided by this chapter. B. Signage shall be provided in accordance with § 301-254J of this chapter. Such sign shall have a maximum area of eight square feet and may be located on the building wall or in the front yard, provided that it is set back not less than 25 feet from any sideline, that it is set back not less than 15 feet from the front lot line and that it is not more than six feet above the natural ground at its location. [Amended 5-19-2009 by L.L. No. 33-2009] C. The site plan shall show, in addition to all other requirements of this chapter, the following: (1) The proposed method of collection and disposal of stormwater, designed so as not to interfere with adjoining properties or burden public facilities. (2) The proposed lighting facilities for the safety of pedestrian and vehicular traffic, with exterior spot lighting of buildings or grounds to be from shaded sources and located so that the light beams are not directed toward any lot in a residential district or toward a public highway. (3) The method of water supply and of sewage disposal, conforming to Health Department requirements. D. Parking shall be provided in conformity with the Parking Schedule40 and § 301-231 of this chapter. For each parking space required, there shall be provided 30 square feet of landscaped island or green area. Such areas shall not be less than eight feet in width, measured on the shortest side. Such areas shall be contained by curbs conforming to the Town of Riverhead highway specifications. Said areas shall be landscaped in accordance with § 301-236D of this chapter. Said areas shall be maintained as set forth in Subsection A above. [Amended 7-7-1987] E. No building, structure, premises or lot in the Business PB District shall be used or occupied for any of the following uses: (1) Wholesale sales. (2) Retail sales. (3) Warehousing.
40.Editor's Note: The Parking Schedule is included as an attachment to this chapter. 301:107 § 301-85 RIVERHEAD CODE § 301-85
(4) Inpatient care, diagnosis or treatment. (5) Window or outside displays. (6) Hospitals. (7) Nursing homes or adult care facilities. (8) Morticians. (9) Druggists.41
41.Editor's Note: Original § 108-115 of the 1976 Code, Existing structures, added 9-5-1978, which immediately followed this section, was repealed 7-18-2006 by L.L. No. 24-2006. 301:108 § 301-86 ZONING AND LAND DEVELOPMENT § 301-88
ARTICLE XVII Business F (BUS F) Zoning Use District (Manufacturers Outlet Center Overlay Zone) [Added 9-15-1992]
§ 301-86. Purpose.42 It is the specific purpose and intent of this article to provide for manufacturers outlet centers and their customary accessory and attending uses upon those lands which are appropriate due to their location relative to public infrastructure and which are accessible to arterial roadway networks.
§ 301-87. Special permit uses. In the Business F District, no building, structure or premises shall be used, arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following specially permitted uses. All special permit uses set forth herein shall be subject to the approval of the Town Board pursuant to the definition of "special permits" in § 301-3 of this chapter. A. Manufacturers outlet center. B. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, provided that the entire structure housing such use is occupied by a single-tenant or single- owner use and shall be in a structure of no less than 100,000 square feet.
§ 301-88. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses when located on the same lot and shall specifically include: A. Garages for the parking of vehicles.
B. Off-street loading areas. C. Central heating or power plants. D. Fully enclosed storage areas. E. Maintenance and utility facilities. F. Trash receptacles and dumpsters suitably screened. G. Playground and common areas.
42.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:109 § 301-88 RIVERHEAD CODE § 301-90
H. Improved recreational areas. I. Buildings used by one or more enterprises where first-quality, overruns or factory seconds are offered for sale at prices discounted below suggested manufacturer's retail price. J. Food courts. K. Transportation centers.
L. Theater, indoor. [Added 5-15-2001 by L.L. No. 7-200143]
§ 301-89. Additional development standards. A. Sites served by the Riverhead Sewer District shall have a maximum building area of 30%. In this instance, the Town Board may relieve landscape requirements through site plan review. B. Off-street parking shall be generally required at one parking space per 200 square feet of gross floor area. Areas of stairwells, elevators, restrooms and food courts may be excluded by the Town Board through site plan review. C. Frontage upon a major arterial roadway shall be required. D. Pursuant to Article LVI, Site Plan Review, of this chapter, site plan review shall be required. In the consideration of a preliminary site plan accompanying the special permit, the Town Board shall require the following: (1) A landscaped area of a minimum of 25% of the total site area. (2) A landscaped front yard of a minimum of 100 feet measured from the property line. Existing vegetation should be made part of the landscaped front yard where appropriate. Parking areas shall not be located within the front yard. (3) In parking areas of greater than 10,000 square feet, landscaped areas shall be employed to divide asphalt areas.
(4) Site plans shall, to the greatest extent practical, incorporate the special separation of architecturally related buildings in order to create interior courtyard and pedestrian areas. (5) Areas of natural features, including freshwater wetlands, surface waters and slopes in excess of 15%, as well as those areas required for public facilities, shall not be considered in the calculation of maximum building area.
43.Editor's Note: Original § 108-44.8 of the 1976 Code, General lot, yard and height requirements, which immediately followed this section, was repealed 3-15-2005 by L.L. No. 4-2005. 301:110 § 301-90 ZONING AND LAND DEVELOPMENT § 301-90
§ 301-90. Prohibited uses. No building, structure, premises or lot in the Business F District (Manufacturers Outlet Center Overlay) shall be occupied for the following uses: A. Flea markets. B. Gasoline service stations. C. Motor vehicle sales. D. Car washes. E. Printing plants. F. General retail stores or shops, except as otherwise provided.
301:111
§ 301-90.1 ZONING AND LAND DEVELOPMENT § 301-90.3
ARTICLE XVIIA Community Benefit Zoning Use District (CBD) [Added 4-19-2016 by L.L. No. 16-2016]
§ 301-90.1. Purpose and intent. A. It is the purpose of the Community Benefit District (CBD) to implement the recommendations of the Town of Riverhead Comprehensive Plan (2003) by permitting the construction of clustered multifamily rental dwelling units in a manner designed to meet the needs of a range of users who are presently underserved by the housing market, including young people entering the work force, young families, and seniors. B. Permission for the development set forth in Subsection A above shall require the concurrent construction of on-site community center and nonresidential use(s) that, together or individually, provide an enhancement of not only the subject project for its residents but for the use, enjoyment and enhancement of the surrounding community as well. C. The goals of the CBD District are: (1) To promote a mixed-use development on a single site in a cohesive manner, with the main purpose of providing for the needs of its residents and residents in the larger community; (2) To promote the most-desirable land use upon real property that is suitable for such development due to its size, location and access to necessary infrastructure; and (3) To provide standards to facilitate development not currently possible under Chapter 301 (Zoning Ordinance) in order to meet identified community needs.
§ 301-90.2. Definitions. As used in this article, the following terms shall have the meanings indicated: COMMUNITY CENTER — A structure/s providing educational and recreational services to the community, including, but not limited to, day- care, nutrition and wellness programs, performing arts space, sports, and fitness facilities. Food service, ATMs, and retail space in support of the foregoing activities shall be permitted in the community center. WORKFORCE HOUSING — Residential housing occupied by residents whose income conforms to guidelines published by a governmental authority with appropriate jurisdiction as 80% to 120% of median, adjusted for area.
§ 301-90.3. Overlay district; conflict with other provisions; special use permits.
301:113 § 301-90.3 RIVERHEAD CODE § 301-90.5
A. The CBD District may be imposed by the Town Board as an overlay district in conjunction with or to the exclusion of all other use districts shown on the Zoning Use District Map of the Town of Riverhead. B. In the event of a conflict between the provisions of this article and other provisions of Chapter 301 (Zoning Ordinance), the provisions of this article shall apply. C. All special permit uses set forth herein shall be subject to the approval of the Town Board pursuant to the requirements and procedures set forth in § 301-308 of the Town Code.
§ 301-90.4. Eligible properties. In order to be considered for the CBD designation, a property shall meet all of the following criteria: A. The minimum area of a parcel shall be 10 acres; B. The site shall have frontage on a state or county arterial highway, onto which all vehicle access shall be directed; C. The minimum road frontage on a state or county arterial highway shall be 800 linear feet. D. The property shall be served by appurtenances of the Riverhead Water District and the Riverhead Sewer District or shall be in sufficient proximity to such district boundaries as they exist at the time of the adoption of this article to permit access to such infrastructure; and E. It shall be of sufficient area to provide for all applicable parking, buffer yards, landscaping and open space requirements.
§ 301-90.5. Uses. A. In the Community Benefit (CBD) District, no building, structure, or premises shall be used or arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed, or altered or occupied unless otherwise provided in this article for the following special permitted uses: (1) Detached and/or attached multifamily dwelling units. (2) One-family dwelling units with a professional office. (3) Community centers, day cares, and nursery schools. (4) Recreational uses, including parks and playgrounds, swimming pools, and/or outdoor sports facilities. (5) Houses of worship.
301:114 § 301-90.5 ZONING AND LAND DEVELOPMENT § 301-90.10
B. Any development pursuant to this article shall consist of the concurrent construction of clustered residential, on-site community center and nonresidential uses.
§ 301-90.6. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above specially permitted uses when located on the same site or within a structure with a specially permitted use. Specifically allowed are the following, provided that the total lot coverage does not exceed 5% of the site: A. Maintenance structures. B. Garages. C. Storage buildings. D. Pump station for wastewater disposal purposes.
§ 301-90.7. Workforce housing requirement. A minimum of 100% of dwelling units shall be sold or rented to households that meet income standards, as those standards may change from time to time, as set by the state or federal government and designated as workforce housing.
§ 301-90.8. Community center requirements. Any community center approved pursuant to this article shall conform to the following requirements: A. All facilities of the community center shall be available to the general public. B. Individual facilities within the community center may be rented to the general public. Fees may be charged for use of the facilities, but such fees shall be limited to only those necessary to defray expenses.
§ 301-90.9. Mixed-use residential/professional office structures. A. The professional office use shall be of such character as to be appropriate for a residential neighborhood setting. B. All such structures are to be limited in floor area, not to exceed 2,500 square feet (SF) in size each. C. One residence may be located within each such structure, and it may only be occupied by the owner or an employee of the professional office that occupies that structure.
301:115 § 301-90.10 RIVERHEAD CODE § 301-90.13
§ 301-90.10. General lot, yard, bulk and height requirements. Type Requirement Maximum building net floor area ratio 0.40 Maximum lot coverage (total footprint) 0.20 Minimum front yard depth 15 feet Minimum rear yard depth 20 feet Minimum side yard setback (both) 15 feet Maximum building height 50 feet, not to exceed 3 1/2 stories Dwelling unit density and mix Dwelling unit density 1 unit per 40,000 square feet
§ 301-90.11. Redemption of preservation rights to increase dwelling unit yield. A. Preservation credits may be used to increase dwelling unit density within the Community Benefit Zoning Use District. In its review and approval of any site plan application within the Community Benefit Zoning Use District utilizing preservation credits, the reviewing board shall condition the final site plan approval upon the redemption of the appropriate number of credits, with the signature of the Mylar predicated upon the redemption and retiring of the appropriate number of preservation credits. B. Preservation credits may be acquired through the transfer of development rights pursuant to Article XLII of this chapter or the acquisition of workforce housing development rights through the Suffolk County Workforce Housing Transfer of Development Rights Program. Any preservation rights acquired through the Suffolk County Workforce Housing Transfer of Development Rights Program must be rights that were placed in the program from the purchase or preservation of property located in the Town of Riverhead.
C. The Town Board, in its review and approval of an application for a special permit, may increase the allowable dwelling unit yield at a rate of one dwelling unit per preservation credit redeemed, not to exceed 10 dwelling units per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements.
§ 301-90.12. Open space requirements. A. A minimum of 40% of the total site area shall be reserved for vegetated open space, pond areas, or passive recreational use. B. Such recreational amenities may include, but not be limited to, playgrounds, walking trails, fitness trails, picnic areas or sitting areas; no landscaped areas that are not easily accessible for use and occupancy as recreational space are to be included in this calculation.
301:116 § 301-90.13 ZONING AND LAND DEVELOPMENT § 301-90.14
§ 301-90.13. Off-street parking requirements. A. The development shall endeavor to provide minimum off-street parking in conformance with the following schedule: Use Number of Spaces Residences 1.5 spaces per unit Community center 1 space per 300 square feet of floor area Church 1 space per 3 pew seats Nonresidential spaces 1 space per 200 square feet of floor area
B. In recognition of the shared-use aspects of the CBD District, if the Planning Board determines that an applicant has conclusively demonstrated that one or more of such uses will be generating a demand for the parking spaces primarily during periods when another use or uses has or have a significant lower parking demand, the Planning Board may, upon application, reduce the total parking spaces required.
§ 301-90.14. Additional guidelines. A. All utility service lines within the site shall be constructed underground. B. The development shall provide safety and security lighting in appropriate areas, including, but not limited to, building exteriors, building entrances, walkways, vehicle access points and within parking areas. C. All exterior lighting fixtures shall conform to Article XLIX of the Riverhead Zoning Ordinance, such that no fugitive lighting impacts adjacent properties. D. To the maximum extent practicable, sustainable energy site lighting shall be utilized.
E. All lighting fixtures, whether mounted on building walls or on poles, shall be placed at the minimum height necessary to cast adequate lighting intensities on illuminated surfaces. F. All buildings shall be handicapped-accessible. G. A maintenance plan for all ground and buildings shall be in effect, and such initial plan shall be included in site plan review. H. Landscaping shall be designed to reduce heat island effects. I. On-site retention/harvesting of stormwater runoff to minimize sewer impact and reduce water usage for irrigation shall be utilized.
301:117 § 301-90.14 RIVERHEAD CODE § 301-90.16
J. In recognition of the inherent mixed-use character of the CBD District, no abutting landscape buffer areas other than those specifically required in this section shall be required. K. For the purpose of the requirements for off-street loading berths, the permitted and accessory uses shall not be considered as being used for business, industrial or hospital purposes. L. Where the CBD Zoning District has been applied to a property, the site plan must show a twenty-five-foot nonimproved transitional buffer along any boundary shared with a residential use or residentially zoned property. If, in the opinion of the Planning Board, the natural vegetation existing on the site does not provide a sufficient buffer between the property and the abutting residential use or residentially zoned property, the Planning Board may require the applicant to augment the buffer with appropriate screening and vegetation. For the purposes of this section, fencing in the nonimproved transitional buffer area shall not be deemed an improvement.
§ 301-90.15. Service provider amenities and services. Where the development includes health and fitness facilities and/or day- care services for preschool age and/or services for senior citizens within the community center, oversight and supervision shall be provided by professional staff.
§ 301-90.16. Development standards within the Community Benefit District. No earthwork, land clearing, construction or land disturbance of any kind shall take place upon real property within a CBD until such time as a site plan has been approved by the Planning Board. In cases in which a proposed project involves the subdivision of land, no development may proceed until final conditional subdivision approval has been granted by the Planning Board. Approval of a site plan for development shall be conditioned upon approval by the Suffolk County Department of Health Services. Energy Star® compliance on all equipment and appliances in residential units shall be required. All users and residents within the CBD shall be required to comply with a recycling plan for refuse. Buildings shall be oriented to maximize natural daylight. Low-flow water for all plumbing fixtures shall be utilized.
301:118 § 301-91 ZONING AND LAND DEVELOPMENT § 301-92
ARTICLE XVIII Business Center (BC) Zoning Use District [Added 10-5-2004 by L.L. No. 34-2004]
§ 301-91. Purpose and intent. [Amended 12-5-2006 by L.L. No. 52-2006; 5-5-2009 by L.L. No. 27-2009] The intent of the Business Center (BC) Zoning Use District is to encourage single, freestanding roadside commercial uses, mainly along Route 58, between the existing Destination Retail Center (DRC) and Shopping Center (SC) Zoning Use Districts, with the employment of transferred development rights where appropriate.
§ 301-92. Uses. In the BC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Retail stores. (2) Personal services. (3) Restaurants, cafes, banquet facilities, and ice cream parlors. (4) Bakeries with retail sales on premises, specialty food stores. (5) Banks. (6) Health clubs and spas. (7) Radio or television broadcast studios. (8) Offices.
(9) Professional offices. (10) Dealerships for new motor vehicle and boat sales.
(11) Indoor sports and recreation facilities. [Added 12-5-2006 by L.L. No. 52-2006] B. Special permit uses: (1) Car washes. (2) Motor vehicle repair shops.
301:119 § 301-92 RIVERHEAD CODE § 301-93
(3) Restaurants, drive-in, curb-service, when not adjacent to any residential zoning district or use. [Added 7-15-2014 by L.L. No. 8-2014] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1) Drive-through windows for banks, restaurants and pharmacies. [Amended 1-17-2006 by L.L. No. 3-2006; 7-15-2014 by L.L. No. 8-2014] (2) Sales of preowned motor vehicles and boats, as accessory to a dealership for new motor vehicles and boats.
§ 301-93. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule44 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 5% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns. C. The following minimum required nondisturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: [Added 10-16-2013 by L.L. No. 18-2013] (1) Adjoining residential districts and uses. (a) The minimum required nondisturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district. (b) The minimum required screening within such nondisturbed transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
44.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:120 § 301-93 ZONING AND LAND DEVELOPMENT § 301-94
(c) The minimum required nondisturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished. (d) Where a site does not have existing vegetation within the required nondisturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required nondisturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development.
§ 301-94. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 27-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) Driveway openings and curb cuts shall be aligned with the existing curb cuts along Route 58 or other major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements. (2) Signage shall be provided in accordance with Article XLVIII, Signs, of this chapter.
(3) Buffering and transitions. (a) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Buffer plantings or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones. (c) Deliveries and loading activities shall to the extent possible be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays. B. Parking standards.
301:121 § 301-94 RIVERHEAD CODE § 301-94
(1) The number of off-street parking spaces in the BC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) No off-street parking shall be allowed within 10 feet of any property line. (4) Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots. (5) Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street. (6) Driveways shall be set back at least five feet from side property lines. However, driveways providing shared access to two or more properties are exempt from this standard. (7) Where site grading and topography result in parking areas being located at higher elevation than and visible from the adjacent roadway, planted berms shall be used to screen the view of automobiles from public roadways. (8) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (9) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the five-percent parcel-wide landscaping mentioned above. (10) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:122 § 301-95 ZONING AND LAND DEVELOPMENT § 301-96
ARTICLE XIX Business CR (BUS CR) Zoning Use District (Rural Neighborhood Business) [Added 10-21-2004 by L.L. No. 44-2004]
§ 301-95. Purpose and intent. The intent of the Business CR Zoning Use District is to allow for the development of small clusters of shops, including eating and drinking establishments and professional offices, geared primarily toward providing daily services to residents in the adjacent residential areas. The scale and design of new development in this district are intended to complement the rural character of the Town and preserve and enhance natural open space areas and habitat. Where lot sizes and depths permit, development is intended to be clustered in a campus-style pattern.
§ 301-96. Uses. In the Business CR Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Retail stores. (2) Specialty food stores, wine shops and bakeries with retail sales on premises. (3) Personal services. (4) Restaurants, cafes, and ice cream parlors. (5) Professional offices. (6) Professional studios and performing arts studios.
(7) Public libraries. (8) Museums. (9) Schools.
(10) Banks. [Added 8-19-2008 by L.L. No. 30-2008] B. Special permit uses: (1) Bed-and-breakfast establishments. (2) Day-care centers or nursery schools. (3) Country inns.
301:123 § 301-96 RIVERHEAD CODE § 301-98
C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically included are the following: [Amended 7-6-2005 by L.L. No. 17-2005] (1) Drive-through windows for pharmacies and banks. D. Prohibited uses:
(1) Buildings with a floor area exceeding 10,000 square feet. [Amended 10-2-2012 by L.L. No. 25-2012]
(2) Drive-through windows serving restaurants. [Amended 7-6-2005 by L.L. No. 17-2005] (3) Car washes. (4) An automobile sales lot; motor vehicle sales room; public or private garage; or storage warehouse or wholesale establishment. (5) Any vending machine or amusement device located outside of any structure. This prohibition does not apply to electronic funds transfer facility substations. (6) Any display, storage or sale of goods, wares or merchandise outside of any structure in any area other than that indicated for such outdoor display, storage or sale on an approved site plan. Such display, storage or sale areas shall not encroach on any landscaped areas, parking areas or areas intended for customer access. (7) Flea markets. (8) Rolling or sliding security-type grilles and doors.
§ 301-97. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule45 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-98. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 20-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain
45.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:124 § 301-98 ZONING AND LAND DEVELOPMENT § 301-98 compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) For all parcels three acres or greater in area, the proposed floor area shall be distributed into a minimum of four buildings. (2) For all parcels, the front yard shall be landscaped, except for areas devoted to walkways and an optional limited amount of parking. Parking is allowed in the front yard only as follows: (a) No more than 20% of the parking supply may be provided in front and street-facing side yards combined; see Subsection B(4) below for more information. (b) Only one row of parking is allowed in front yards, with a paved area not to exceed 40 feet in depth, measured perpendicular to the front street. (c) To mitigate the appearance of any parking in the front yards, any front yard parking areas shall be set back at least 30 feet within landscaped front yards. (3) For corner parcels, the street-facing side yard shall be landscaped, except for areas devoted to walkways and an optional limited amount of parking. Parking is allowed in street-facing side yards only as follows: (a) No more than 20% of the parking supply may be provided in front and street-facing side yards combined; see Subsection B(4) below for more information. (b) Only one row of parking is allowed in street-facing side yards, with a paved area not to exceed 40 feet in depth, measured perpendicular to the side street. (c) To mitigate the appearance of any parking in street-facing side yards, parking areas shall be set back at least 15 feet within landscaped side yards. (4) The central organizing element for buildings in the Business CR Zoning Use District shall be one or more "central squares," such as greens, plazas, or courtyards. (a) Such central squares shall open towards, and be visible from, front streets and any adjoining side streets. (b) Such central squares shall measure at least 30 feet by 50 feet. (c) The open space(s) provided by central squares shall be outside of and in addition to the required front and side yards.
301:125 § 301-98 RIVERHEAD CODE § 301-98
(d) Central squares shall include landscaping, plantings, decorative pavers, seating, outdoor eating areas, shade elements, and other features so as to create attractive public spaces that serve as amenities for shoppers and nearby residents. (5) No structures are allowed within front, side, or rear yards. (6) Buildings shall be arranged along one, two, or three sides of the central squares, and their main entries shall face these spaces. (7) Secondary building entries may be provided from rear parking areas; however, such entries shall not remove the need for a front entrance facing the central square. (8) In no case shall the rear of buildings face a public street, and in no case shall the front of a building face a rear service access road or a side driveway. (9) The provision of improved cross access shall be provided between those parcels located on the south side of NYS Route 25A between the westerly Town boundary and Wading River Manorville Road. [Amended 10-2-2012 by L.L. No. 25-2012] (10) Building design and landscaping shall serve to reinforce and announce the main pedestrian building entrances. (11) Development shall provide walkways for safe and convenient pedestrian access to storefront entries from all parking areas and public sidewalks and, where possible, to link storefronts to adjacent residential areas. (12) Building placement shall, wherever possible, minimize walking distances from rear parking areas to front building entries; for example, by breaking large buildings into smaller units of less than 200 feet in width, interspersed with walkways. (a) Breaks between buildings where automobile access is not necessary shall provide for safe and attractive pedestrian walkways and shall be at least 15 feet wide. (b) Breaks between buildings where automobile or truck access is necessary (such as to rear parking lot access roads or driveways) shall provide a combined roadway and sidewalk of at least 30 feet in width, including one eight-foot-wide sidewalk. (13) Facades of commercial buildings that face streets, central squares, or pedestrian walkways shall be broken up into bays of no more than 30 feet in width, through use of variations in facade plane, piers, or other architectural features.
301:126 § 301-98 ZONING AND LAND DEVELOPMENT § 301-98
(14) At least 50% of the linear width of facades facing streets or pedestrian pathways shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs. In no case shall blank walls face a public street. (15) The exteriors of buildings in the Business CR District shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided. (16) Signs shall be provided in accordance with Article XLVIII, Signs, of this chapter. Signs for commercial uses within shopping centers shall be a uniform design to the greatest extent practicable. [Amended 10-2-2012 by L.L. No. 25-2012] (17) Buffering and transitions. (a) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Front yards, street-facing side yards, and rear yards shall be landscaped or maintained as natural open space. To the extent possible, existing woodlands, stands of or individual trees, and other unique, indigenous, or significant vegetation within such setbacks should be protected. (c) Buffer landscaping shall be provided between commercial uses and adjoining residential uses or zones. Such plantings shall include canopy trees and evergreens that may reach a mature height of not less than the commercial structures, and planted in sufficient quantity to screen views of the commercial structures from residential areas. However, buffer landscaping shall not interfere with the potential for pedestrian access from residential areas to the commercial businesses. B. Parking standards. (1) The number of off-street parking spaces in the Business CR Zoning Use District shall be provided in accordance with § 301-231, Off- street parking, of this chapter. (2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) Parking requirements may be reduced with payment of a fee or land dedication in lieu of providing off-street parking as provided for in § 301-231.
301:127 § 301-98 RIVERHEAD CODE § 301-98
(4) No more than 20% of the required parking supply may be provided in front and street-facing side yards. Any parking in front or street- facing side yards shall be sited within the rear portion of said yard, behind landscaping. The remaining 80% or more of the parking supply shall be sited to the rear or side of buildings, adjacent to interior lot lines or access driveways, and away from front and side street frontages. (5) Curb cuts shall be limited to one curb cut every 400 linear feet on public front and side streets. Driveway entrances to adjacent parking lots shall be shared and consolidated. (6) Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street. (7) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. (8) Parking lots with 21 or more spaces shall have "orchard" planting for shade: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (9) In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Entire parking areas shall be surfaced with gravel, rather than pavement. (b) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (c) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas. (10) Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each. C. Additional requirements. (1) Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store or shop or other business establishment in which goods,
301:128 § 301-98 ZONING AND LAND DEVELOPMENT § 301-98
wares, foods, commodities, articles or products are sold at retail, except that a "retail business establishment" shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
301:129
§ 301-99 ZONING AND LAND DEVELOPMENT § 301-100
ARTICLE XX Calverton Office (CO) Zoning Use District [Added 8-1-2006 by L.L. No. 25-2006]
§ 301-99. Purpose. The purpose of the Calverton Office Zoning Use District is to promote the construction of the highest quality (Class A) office development in an integrated campus-like setting upon large tracts of land. It is the goal of the Calverton Office Zoning Use District to require design relationships between buildings and to provide amenities for workers and visitors.
§ 301-100. Uses. No building or premises shall be used and no building shall be erected, reconstructed, altered or added to except for the following permitted, specially permitted or accessory uses: A. Permitted uses: (1) Office buildings for business and governmental uses, including general, executive, and administrative, administrative training, data processing, libraries, publication, financial institutions, sales offices, offices or agencies for scientific or technical development, including research and testing laboratories. B. Special permit uses: (1) The production, processing and assembly of small, light or microscopic or electronic parts or precision instruments in which the close supervision by scientific personnel of a permitted research laboratory is required. (2) Institutions for higher learning. C. Accessory uses: (1) Those uses customarily incidental and subordinate to and in furtherance of any of the aforementioned principal uses. Accessory uses shall be for the sole use of the employees and tenants of the principal use and not for the use by the general public. The following accessory uses are specifically provided for: (a) Retail or personal service uses that are specifically designed as accessory to principal uses, such as but not limited to pharmacies, lunch counters, lunch stands, newsstands, barbershops and beauty parlors and shoe repair, provided that said retail or personal service accessory is located within the same building, and there are no exterior signs advertising said retail or personal service use. Such use shall be confined to the lower level of a building, unless such use supports a specific tenant's use.
301:131 § 301-100 RIVERHEAD CODE § 301-101
(b) Restaurants, not including diners, luncheonettes, drive-in and fast-food facilities, for the use of executives, employees and visitors of the principal use. (c) Indoor and outdoor recreation facilities for the exclusive use of employees, and tenants by special permit of the Town Board of the principal use, and their families. (d) In-service training schools for employees of the principal use. (e) Auditoriums. (f) Day-care facilities. (g) Banks, automatic teller machines. (h) Lower-level and ground-floor storage, copy centers, conference rooms and training rooms.
(i) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto. (j) Central heating and power plants accessory to the principal use and the service of all structures on the premises. (k) Fully enclosed storage facilities incidental to the principal use. (l) Maintenance and utility shops incidental to the principal use. (m) Accessory signs, subject to the applicable provisions of the sign regulations of the Town of Riverhead, Article XLVIII, Signs, of this chapter. (n) Trash compactors and dumpsters which are screened from sight.
§ 301-101. Prohibited uses. Prohibited uses are as follows: A. Outdoor storage. B. Retail sales of consumer merchandise, unless permitted by § 301-100 of this article. C. Personal service uses, unless permitted by § 301-100 of this article. D. Wholesale business, excluding a showroom or demonstration center. E. No machinery or equipment shall be installed and no labor shall be engaged upon the premises for the manufacture, processing or assembly of goods or articles, except the manufacturing, processing or assembly of prototypes or experimental products in which the close
301:132 § 301-101 ZONING AND LAND DEVELOPMENT § 301-103
supervision by scientific personnel of a permitted research laboratory is required. F. No such process shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. G. No manufacturing, processing or assembly of goods or articles of any kind for sale shall be permitted on the premises, except for the sale of pilot prototypes or experimental products which are the result of the end product of scientific research, development or engineering. H. No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use, and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health. I. Any use not expressly permitted or specially permitted is prohibited.
§ 301-102. Lot, yard, bulk and height requirements. No building shall be erected nor any land area utilized unless in conformity with the Zoning Schedule46 incorporated into this article by reference and made part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-103. Design standards. The following design standards shall apply to all uses within the Calverton Office Zoning Use District: A. Parking shall be provided at a rate of one space per 200 square feet of gross floor area for office use and three stalls per 1,000 square feet of gross floor area for research and testing laboratories. B. The maximum gross and coverage (buildings, structures and paved) area shall not exceed 60%.
C. No more than 30% of the required parking shall be located in the front yard. D. The provision of a one-hundred-foot nondisturbance area to hard surface from the roadbed of New York State Route 25. E. Building design. The objective of the building design standards is to provide overall high quality and complementary design of industrial and multifloor Class A office buildings. Special emphasis is placed upon methods that tend to reduce the large-scale visual impact of buildings and to encourage imaginative design for individual buildings.
46.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:133 § 301-103 RIVERHEAD CODE § 301-103
(1) Building mass. Solid and unarticulated buildings are discouraged. The mass and scale of buildings shall be reduced by staggered building walls or other architectural treatments at least every 150 feet to provide architectural interest and reduce the visual scale of a building. Buildings shall include the following elements: (a) The use of variations in height, rooflines and grade definition is encouraged to reduce the perceived height and mass of a building. (b) Building entries shall be readily identifiable through the use of canopies, marquees and architectural treatment. (c) Where possible, buildings with smaller or multiple structures instead of one large building are preferred to reduce massive appearance. (d) Clusters of mature landscaping and berms shall be provided along the building facade. The landscaping clusters shall include a variety of trees and tall shrubs. (e) Wall texture changes shall be provided. (f) Small-scale elements, such as planter walls and hedges, shall be clustered around building entrances. (2) Materials. (a) One dominant material shall be selected and used through each building on a site. (b) It is encouraged that the front and two side elevations of all buildings and/or structures be constructed of brick, granite, or other masonry matter and architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas. (c) Roof design shall be as aesthetically pleasing as possible and shall screen all mechanical equipment. (d) Glass windows or some similar architectural treatment shall occupy at least 10% of the front elevation of a building. (3) Color and texture. (a) Texture patterns are encouraged to create shadow patterns which will reduce the high visibility of the building. (b) Variations in color shall be kept to a minimum. (c) Colors shall be subdued in tone. (d) Accent colors may be used to express corporate identity.
301:134 § 301-103 ZONING AND LAND DEVELOPMENT § 301-104
(4) Location. (a) No building shall be constructed closer than 100 feet to an adjacent building. (b) Planters, walls and sign elements not exceeding six feet in height shall be permitted in yard areas. Roof overhangs may extend a maximum of six feet into setback areas.
§ 301-104. Performance criteria. A. All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services. B. All development shall be connected to the appurtenances of the Calverton Sewer District. C. All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code. D. All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services guidelines for private wells should be used for private wellhead protection. E. Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act,47 and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument. F. Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required.
47.Editor's Note: See Environmental Conservation Law § 15-2701 et seq. 301:135 § 301-104 RIVERHEAD CODE § 301-104
G. All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation. H. No more than 65% of the lands within the Calverton Office Zoning Use District shall be cleared pursuant to the Central Pine Barrens Comprehensive Land Use Plan and Article XLI, Pine Barrens Overlay District, of this chapter. The applicable clearance percentage shall be calculated over the entire parcel, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities, and shall contain calculations for the amount of disturbance of native vegetation and indicate the clearing limits thereof. I. Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings. J. Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan. K. Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species. L. Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site
301:136 § 301-104 ZONING AND LAND DEVELOPMENT § 301-104
where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%. M. Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives: (1) Minimize potential impacts associated with soil erosion and resulting in sedimentation of surface waters. (2) Limit work areas to the immediate areas of construction in order to minimize disruption of adjacent lands. N. In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument. O. Where applicable, development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces. P. Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archaeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources. Q. All development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws. R. A buffer of 1,000 feet of and no more than 50% disturbance shall be permitted around verified endangered species breeding ponds pursuant to NYSDEC freshwater wetland permit requirements. S. Development within the Calverton Office Zoning Use District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of
301:137 § 301-104 RIVERHEAD CODE § 301-104
Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for.48
48.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:138 § 301-105 ZONING AND LAND DEVELOPMENT § 301-107
ARTICLE XXI Destination Retail Center (DRC) Zoning Use District49 [Added 10-5-2004 by L.L. No. 32-2004]
§ 301-105. Purpose and intent. The intent of the Destination Retail Center (DRC) Zoning Use District is to provide a location for large retail centers along Route 58 that attract customers from the East End of Long Island and beyond, while linking development along the Route 58 corridor to open space protected in the Agriculture Protection (APZ) Zoning Use District. It is the further intent to allow increased floor area in the DRC Zoning Use District with the use of transferred development rights where appropriate. Development is intended to have a campus-style layout, with no strip or freestanding businesses permitted.
§ 301-106. Uses. In the DRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Retail stores or shops. (2) Hotels.
(3) Car dealerships. [Added 3-7-2006 by L.L. No. 13-2006]
(4) Banks. [Added 8-1-2006 by L.L. No. 27-2006]
(5) Warehouse clubs or wholesale clubs. [Added 6-15-2010 by L.L. No. 14-2010] B. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically included are the following: [Added 1-17-2006 by L.L. No. 2-2006] (1) Drive-through windows for banks and pharmacies. (2) Fueling facilities accessory to a warehouse club or a wholesale club, located a minimum of 500 feet from a residentially used or occupied property boundary. [Added 6-15-2010 by L.L. No. 14-2010]
§ 301-107. Lot, yard, bulk and height requirements.
49.Editor's Note: Original Art. XXI, Business CR District (Rural Neighborhood Business), of the 1976 Code, added 2-25-1986, as amended, was repealed 7-6-2005 by L.L. No. 20-2005. 301:139 § 301-107 RIVERHEAD CODE § 301-107
A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule50 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. No individual retail store shall have a floor area of less than 10,000 square feet, excepting that 10% of the total floor area may be improved with retail stores of less than 10,000 square feet with a minimum size per retail store of 3,500 square feet. C. In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 20% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns. D. The following minimum required nondisturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: [Added 10-16-2013 by L.L. No. 18-2013] (1) Adjoining residential districts and uses. (a) The minimum required nondisturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district. (b) The minimum required screening within such nondisturbed transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. (c) The minimum required nondisturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished. (d) Where a site does not have existing vegetation within the required nondisturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required
50.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:140 § 301-107 ZONING AND LAND DEVELOPMENT § 301-108
nondisturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development.
§ 301-108. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 29-2009] The design, buffer and parking standards listed in the provisions below (Subsections A, B and C of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection C(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) Development is intended to have a campus-style layout, with no strip-style development permitted. (2) Driveway openings and curb cuts shall be aligned with the existing curb cuts along Route 58 or other major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements. (3) Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 58 or other major arterial street. (4) Signage shall be provided in accordance with Article XLVIII, Signs, of this chapter. B. Buffering and transitions. (1) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(2) Buffer plantings or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones, as well as along frontages with arterial roads. C. Parking standards. (1) The number of off-street parking spaces in the DRC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots. (3) Planted berms shall be used to screen the view of parking areas from public roadways.
301:141 § 301-108 RIVERHEAD CODE § 301-108
(4) Off-street parking is prohibited within 10 feet of all property lines. (5) Driveways are prohibited within five feet of side property lines. (6) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the twenty-percent parcel-wide landscaping mentioned above. (7) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (8) In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas. (9) Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each.
301:142 § 301-109 ZONING AND LAND DEVELOPMENT § 301-110
ARTICLE XXII Shopping Center (SC) Zoning Use District [Added 10-5-2004 by L.L. No. 33-2004]
§ 301-109. Purpose and intent. [Amended 12-5-2006 by L.L. No. 52-2006] The intent of the Shopping Center (SC) Zoning Use District is to provide adequate locations for moderate-sized convenience shopping centers, mainly on Route 58, in central locations that are accessible from adjacent neighborhoods by car, transit, walking, and biking, where residents may purchase daily necessities such as groceries. It is the further intent to allow increased floor area in the SC Zoning Use District with the use of transferred development rights where appropriate. Retail development is intended to be arranged in a shopping center layout, with large-scale stores complemented by ancillary small-scale stores. Professional office buildings are intended to be arranged in campus-style layout. Strip or freestanding development is discouraged.
§ 301-110. Uses. In the SC District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Shopping centers (with a minimum size of 50,000 square feet of gross floor area). (2) Office campuses. (3) Health clubs and spas. (4) Restaurants.
(5) Indoor sports and recreation facilities. [Added 12-5-2006 by L.L. No. 52-2006]
B. Special permit uses: [Added 6-21-2016 by L.L. No. 23-201651] (1) Movie theaters. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically included are the following: [Amended 1-17-2006 by L.L. No. 5-2006]
51.Editor's Note: This local law also redesignated former Subsections B and C as Subsections C and D, respectively. 301:143 § 301-110 RIVERHEAD CODE § 301-111
(1) Drive-through windows for banks and pharmacies. D. Prohibited uses: (1) Motor vehicle dealerships. (2) Boat dealerships.
§ 301-111. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule52 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 5% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns. C. The following minimum required nondisturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: [Added 10-16-2013 by L.L. No. 18-2013] (1) Adjoining residential districts and uses. (a) The minimum required nondisturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district. (b) The minimum required screening within such nondisturbed transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. (c) The minimum required nondisturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.
52.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:144 § 301-111 ZONING AND LAND DEVELOPMENT § 301-112
(d) Where a site does not have existing vegetation within the required nondisturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required nondisturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development.
§ 301-112. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 31-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) Retail development shall be arranged in a shopping center layout, with large-scale stores complemented by ancillary small-scale stores. (2) Professional office and office buildings shall be arranged in campus-style layouts. (3) Driveway openings and curb cuts shall be aligned with the existing curb cuts along Route 58 or other major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements. (4) Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 58 or other major arterial street. (5) Signage shall be provided in accordance with Article XLVIII, Signs, of this chapter. (6) Buffering and transitions: (a) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Buffer plantings or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones, as well as along frontages with arterial roads. B. Parking standards.
301:145 § 301-112 RIVERHEAD CODE § 301-112
(1) The number of off-street parking spaces in the SC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) No off-street parking shall be allowed within 10 feet of any property line. (3) Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots. (4) Driveways shall be set back at least five feet from side property lines. However, driveways providing shared access to two or more properties are exempt from this standard. (5) Where site grading and topography result in parking areas being located at higher elevation than and visible from the adjacent roadway, planted berms shall be used to screen the view of automobiles from the roadway. (6) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the five-percent parcel-wide landscaping mentioned above. (7) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges. (8) In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas. (9) Large surface parking areas shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each.
301:146 § 301-112.1 ZONING AND LAND DEVELOPMENT § 301-112.4
ARTICLE XXIIA Hospital (H) Zoning Use District [Added 11-15-2016 by L.L. No. 35-2016]
§ 301-112.1. Legislative intent. It is the purpose of the Hospital (H) Zoning Use District to implement the recommendations of the Town of Riverhead Comprehensive Plan (2003), improving the ability to address health and human service needs throughout the community and permitting the continued existence of a community- based hospital within the Town of Riverhead. The Hospital (H) Zoning Use District will serve to optimize the hospital's services and meet the growing needs of the Riverhead community, its infrastructure improvements and enhance its services to better align the hospital's services with the Town's growing needs.
§ 301-112.2. Authorization. The Town Board of the Town of Riverhead shall be the designated agency to review, approve, amend, modify or disapprove site plans for all structures and uses in the Hospital (H) Zoning Use District.
§ 301-112.3. Permitted uses. In the Hospital (H) Zoning Use District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided for herein: A. Public or private hospital, whether for profit or not for profit.
§ 301-112.4. Accessory uses. In the Hospital (H) Zoning Use District, the following uses are permitted as accessory or ancillary to that of a hospital use: A. Offices for hospital staff; B. Medical office space; C. Extended care facility; D. Bus passenger shelter; E. Public utility structure, right-of-way, sewage treatment plant or water supply facility; F. Emergency or supporting power generating equipment; G. Wireless and satellite antennas; H. Physical therapy; I. Pharmaceutical facilities;
301:147 § 301-112.4 RIVERHEAD CODE § 301-112.5
J. Storage facilities for medical equipment, supplies and records; K. Food service facilities and cafeterias; L. Laundry facilities; M. Housekeeping and maintenance storage areas; N. Medical library, research and educational facilities; O. Diagnostic clinic and clinical laboratories which provide support to hospital medical functions; P. Imaging services, including but not limited to magnetic resonance imaging, cat scan and linear accelerator; Q. Diagnostic and therapeutic radiation, laser, cryotherapy equipment, including portable and accessory buildings to house same; R. Gift stores; S. Chapels or places of worship; T. Off-street parking facilities; U. Helicopter landing site for the reception and transport of emergency and trauma patients; V. Garages for parking and storing of emergency and maintenance vehicles subject to the following conditions: (1) Garages must be designed to be architecturally compatible with the primary hospital building; (2) Garages shall have a ten-foot lot line setback from the property line; (3) No parking level shall exceed 50 feet above grade, exclusive of mechanical installations, stair bulkheads and elevator bulkheads; (4) Parking garages and dedicated mechanical equipment space shall be excluded from all calculations for parking requirements; (5) Parking garage shall be provided upon the same premises they serve, or elsewhere provided that all spaces are on a parcel having a property line located within 200 feet walking distance of the premises served. (6) Aisle widths as set forth in § 301-112.6 below. W. Such other accessory uses customary and ancillary to a hospital facility.
§ 301-112.5. Dimensional regulations. A. Minimum lot area: 40,000 feet.
301:148 § 301-112.5 ZONING AND LAND DEVELOPMENT § 301-112.7
B. Minimum yard dimensions for principal buildings: (1) Front yard: 40 feet; (2) Rear yard: 25 feet; (3) Side yard: 25 feet; (4) Total side yards: 50 feet. C. Maximum height: 70 feet. The height limitation shall not apply to exposed rooftop bulkheads, elevator bulkheads, stair bulkheads, water towers, fire towers, hose towers, cooling towers, mechanical equipment, helipad, chimneys, parapet walls/cornices or solar energy systems. However, any structure(s) described above that exceed(s) 80 feet in height shall require a special permit from the Town Board. Height shall be measured from the average elevation of the finished grade of the building. D. Maximum lot coverage: 90%. The lot areas of all properties owned by the hospital shall be computed into lot coverage calculations. E. Maximum impervious surface: 90%. Applicable to main hospital campus only and not to lots devoted to parking uses. F. Maximum floor area ratio: 1.50. G. Any hospital use shall be developed only on properties that are connected or capable of connection to a sewer district.
§ 301-112.6. Parking spaces. A. Parking spaces for properties within the Hospital Zoning Use District shall be calculated as follows: one parking space per 1.5 beds. B. Parking to satisfy the requirements of the Hospital District may be provided on land that is contiguous with the hospital building and not owned by the hospital.
C. Minimum parking aisle width for ninety-degree and seventy-degree angle: 18.7 feet. D. Minimum parking aisle width for sixty-degree angle: 15 feet. E. Minimum parking aisle width for forty-five-degree angle: 12 feet. F. Each parking space required by this section shall be directly accessible from an access aisle without having to pass over any other parking space.
§ 301-112.7. Off-street loading. A. One loading berth per every 150,000 square feet of floor area.
301:149 § 301-112.7 RIVERHEAD CODE § 301-112.7
B. Each required loading berth shall be at least 12 feet long and 14 feet wide and in no event smaller than required to accommodate the vehicles normally using such berth. C. No parking shall be permitted, nor shall any area be counted, in the parking area within the loading berth area. D. Loading berths may be provided in spaces designed to serve jointly two or more adjacent establishments.
301:150 § 301-113 ZONING AND LAND DEVELOPMENT § 301-114
ARTICLE XXIII Industrial A (Ind A) Zoning Use District [Added 10-12-2004 by L.L. No. 36-2004]
§ 301-113. Purpose and intent. The intent of the Industrial A (Ind A) Zoning Use District is to allow industrial and warehousing uses in defined areas, primarily located north and west of the terminus of the Long Island Expressway. The Ind A Zoning Use District is intended to allow heavier uses than the Industrial C (Ind C) Zoning Use District.
§ 301-114. Uses. In the Ind A Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Vocational schools. (2) Warehouses. (3) Lumberyards. (4) Automobile body and fender repair shops. (5) Agricultural production. (6) All industrial uses are permitted in the Ind A Zoning Use District, with the exception of the following uses, which shall be prohibited: Abattoirs Acetylene gas manufacture Ammonia manufacture Asphalt manufacture Bituminous paving material manufacture Blast furnaces Bleaching powder manufacture Boiler-making Brick, tile, terra-cotta manufacture Carbon or lampblack manufacture Celluloid manufacture Chlorine gas or hydrochloric, nitric, picric, or sulfuric acid manufacture
301:151 § 301-114 RIVERHEAD CODE § 301-114
Coal distillation, manufacture, or treatment Curing or tanning of rawhides or skins Disinfectant or insecticide manufacture Distillation of bones Dumps Dyestuffs manufacture Excelsior manufacture Explosives or ammunition manufacture Fat rendering or manufacture of greases or oils Feed manufacture Felt manufacture Fertilizer manufacture Fireworks manufacture Garbage disposal dumps, landfills, incinerators, or transfer stations Gas manufacture from coal, coke, or petroleum Glue, size, or gelatin manufacture, where the process includes refining or recovering products from fish or animal refuse or offal Grain drying Junkyards, wrecking, or salvage yards Linoleum or oilcloth manufacture Linseed oil or turpentine manufacture Match manufacture Motor vehicles, dismantling, wrecking, or compacting Offal or dead animal reduction Oxygen gas manufacture Paint, shellac, stain, or varnish manufacture Paper, building board, cardboard, or pulp manufacture Petroleum or kerosene distillation, refining, or derivation of by- products Plaster, lime, cement, or plaster of Paris manufacture Plastics manufacture Rubber or synthetic rubber refining and manufacture Rubber products manufacture Sand and gravel quarrying and mining Scrap metal yards Shoe polish or stove polish manufacture
301:152 § 301-114 ZONING AND LAND DEVELOPMENT § 301-115
Smelting of copper, iron, lead, tin, or zinc Soap manufacture Soil or mineral removal, including sand mining, gravel and mining operations, asphalt and concrete plants Steel furnaces, blooming, or rolling mills Storage of noncontainerized combustible materials Tar distillation Vinegar or sauerkraut manufacture Warehousing, storage, wholesaling, or sale of hazardous, dangerous, and explosive materials such as acids, gases, ammunition, fireworks, and explosives
(7) Building trade shops. [Added 11-5-2008 by L.L. No. 44-2008] B. Special permit uses: (1) Gas stations, on parcels with frontage on a highway or major arterial street. (2) Wholesale businesses. (3) Dog and horse training and boarding facilities. (4) Storage and distribution facilities of nontoxic gases, as defined in § 301-3. [Added 9-17-2007 by L.L. No. 27-2007] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Outdoor storage, limited to 30% of the parcel area or two acres, whichever is less, suitably screened pursuant to Article XLV, Supplementary Use Regulations, of this chapter.
§ 301-115. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.53 B. In order to preserve the Town's scenic and rural quality, properties shall provide attractively landscaped contiguous open space area(s) equal to at least 15% of the lot area. Preference is given to preservation of existing habitat (such as meadows or forests) rather than clearance and
53.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:153 § 301-115 RIVERHEAD CODE § 301-116
creation of new habitat. The open space should serve to provide on-site stormwater management. C. The following minimum required nondisturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: [Added 10-16-2013 by L.L. No. 18-2013] (1) Adjoining residential districts and uses. (a) The minimum required nondisturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district. (b) The minimum required screening within such nondisturbed transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. (c) The minimum required nondisturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished. (d) Where a site does not have existing vegetation within the required nondisturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required nondisturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development.
§ 301-116. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 16-2009] The design, buffer and parking standards listed in the provisions below (Subsections A, B and C of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection C(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards.
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(1) Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 25 or other major arterial street. (2) Signage shall be provided in accordance with Article XLVIII, Signs, of this chapter. B. Buffering and transitions. (1) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof. (2) Along borders with public streets, buffer plantings of a minimum twenty-foot depth shall be provided. Along other property lines, buffer plantings of a minimum ten-foot depth shall be provided. Buffer plantings shall minimize views of paving and buildings from public streets, adjoining residential uses or zones, and agricultural protection zones. C. Parking standards. (1) The number of off-street parking spaces in the Ind A Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Off-street parking is prohibited within 30 feet of the front property line. (3) Where site grading and topography result in parking areas being located at higher elevation than and visible from the adjacent roadway, planted berms shall be used to screen the view of automobiles from public roadways. (4) In order to soften the appearance of parking lots, large areas of surface parking should be broken up by rows of landscaping no less than 10 feet in width, in order to create parking fields of no more than 50 spaces each. Landscaping shall include ground cover, ornamental grasses, or low shrubs. This landscaping requirement is in addition to the fifteen-percent parcel-wide landscaping mentioned above. (5) In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
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(b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:156 § 301-117 ZONING AND LAND DEVELOPMENT § 301-117
ARTICLE XXIV Industrial B (Ind B) Zoning Use District (General Industry)54
§ 301-117. Uses. [Amended 5-4-1971; 12-5-1972; 11-8-1978; 7-3-1979] In the Industrial B District (General Industry), no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for two of the following permitted uses, special exception or special permit uses and their customary accessory uses: A. Permitted uses: (1) Agriculture. (2) Automobile laundry. (3) Building contractor storage and/or equipment yard. (4) Dry-cleaning or laundry plant. (5) Greenhouse, plant nursery and garden. (6) Ice cream manufacture. (7) Newspaper offices; job printing establishment. (8) Offices. (9) Printing and publishing plant. (10) Repair shops for household and/or personal appliances. (11) Restaurant, except that a drive-in restaurant shall be permitted only by special permit of the Town Board. (12) Storage yard, building material, feed or similar nonhazardous material.
B. Special permit uses: [Amended 1-13-1987; 10-20-1992; 8-4-1998 by L.L. No. 9-1998; 10-1-2002 by L.L. No. 29-200255] (1) Airport. (2) A nonnuisance industry.
54.Editor's Note: Original Art. XXIV, Residence RDC District (Redevelopment Community), of the 1976 Code, added 11-18-1980, as amended, was repealed 6-22-2004 by L.L. No. 22-2004. 55.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:157 § 301-117 RIVERHEAD CODE § 301-119
(3) Loading, hauling and/or processing of sand, gravel, shale or topsoil, except that sand mining as defined in the Environmental Conservation Law is a prohibited use under this district. (4) Wholesale business (nonnuisance). (5) Dog and horse training, to include but not be limited to care, grooming, exercising, schooling and exhibiting. (6) Gas service station. (7) Camps of Types 1, 3, 4, 5 and 6. (8) Any other use, except for multiple-family dwelling, apartment house, garden apartment or condominium and camp of Type 2, not hereinbefore permitted. (9) Any other recreational use.
(10) Body and fender repair shop. (11) Motor vehicle repair shop. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses when located on the same lot. Specifically permitted are the following: (1) Customary accessory uses, buildings or structures incidental to any of the permitted uses. (2) Private garages or off-street parking and truck loading areas. (3) Retail sales related to permitted uses.
§ 301-118. Lot, yard, bulk and height requirements. A. No building shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule56 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. Any lot in nonconforming residential use or subsequently divided to leave a nonconforming residential use as a separate lot must be divided so that such residential lot complies with the provisions for lot area, width and yard requirements of the Agriculture Protection Zoning Use District of this chapter. Any subsequent alterations or enlargements of the building shall comply with the requirements of the Agriculture Protection Zoning Use District of this chapter. [Amended 7-10-2005 by L.L. No. 35-2005]
§ 301-119. Additional requirements.
56.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:158 § 301-119 ZONING AND LAND DEVELOPMENT § 301-120
A. Gasoline service stations. (1) A gasoline service station may not be erected within a radius of 1/2 mile from any existing gasoline service station, measured between the principal buildings, and may not be erected within a radius of 500 feet from a residence use district. (2) There must be filed with an application for a special permit an affidavit setting forth the names and addresses of all the owners of real property situate within a radius of 1,000 feet from the proposed site as measured from the line of the property which is the subject of the application, which affidavit shall set forth proof of service by certified mail, return receipt requested, of notice of public hearing on the application having been sent to all such property owners not less than 30 days prior to the hearing. The notice of public hearing shall set forth that an application for a proposed gasoline service station has been filed with the Town Board; a description of the proposed site, together with a map thereof; a description of the proposed type of operation; the names and addresses of the applicants and all persons having an interest in the said premises; and the time and place of the public hearing before the Town Board, together with a statement that all persons wishing to be heard in connection with the application should appear before the Town Board at the time specified therein. (3) Any permit granted shall be conditioned upon the lot being used for retail sale of motor fuels, lubricants and other motor vehicle supplies, including spark plugs, batteries, tires and other customary minor parts for the repair, servicing and upkeep of motor vehicles, not including body and fender work; upon all repair work being performed inside a building and only between the hours of 7:00 a.m. and 9:00 p.m., prevailing time, except for emergencies; and upon there being no storage of dismantled vehicles on the lot. Violations of any of these conditions shall cause a revocation of the permit, and the failure to enforce the revocation because of any violation shall not constitute a waiver as to future or continuing violations. [Amended 10-1-2002 by L.L. No. 29-2002]
§ 301-120. Review of site plan. [Added 5-16-1978; amended 6-18-2002 by L.L. No. 22-2002] Before issuing a building permit, each application, together with the accompanying site plan, shall be subject to the site plan review requirements of this chapter.57
57.Editor's Note: See Art. LVI, Site Plan Review. 301:159
§ 301-121 ZONING AND LAND DEVELOPMENT § 301-122
ARTICLE XXV Industrial C (Ind C) Zoning Use District58 [Added 10-12-2004 by L.L. No. 37-2004]
§ 301-121. Purpose and intent. The intent of the Industrial C (Ind C) Zoning Use District is to allow a mix of light industrial, warehouse development, and office campuses in the area between Enterprise Park and the terminus of the Long Island Expressway. The Ind C Zoning Use District is intended for moderate-sized businesses generally defined as those with less than 40 employees. In addition, the district allows and encourages commercial recreation businesses. The use of generous landscaping and open space buffers is intended to help protect the rural appearance and minimize views of development from the expressway and arterial roads.
§ 301-122. Uses. In the Ind C Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Offices. (2) Warehouses. (3) Greenhouses. (4) Wholesale businesses. (5) Laboratories, including prototype manufacturing. (6) Vocational schools.
(7) Golf courses. (8) Parks and playgrounds. (9) Equestrian facilities. (10) Commercial sports and recreation facilities. (11) Dog and horse training and boarding facilities.
(12) Manufacturing (indoor). [Added 5-4-2010 by L.L. No. 9-2010] B. Special permit uses:
58.Editor's Note: Original Art. XXV, Recreational District, of the 1976 Code, added 12-15-1981, as amended, was repealed 7-15-2008 by L.L. No. 22-2008. 301:161 § 301-122 RIVERHEAD CODE § 301-122
(1) Outdoor theaters (including bandshell, bandstand, amphitheater). (2) Sports arena.
(3) Motor coach terminal. [Added 3-18-2008 by L.L. No. 11-2008] (4) Agricultural production upon real property seven acres or greater lying within Scenic River Areas defined pursuant to the Order of the Commissioner of the New York State Department of Environmental Conservation dated September 18, 1990. [Added 10-21-2008 by L.L. No. 39-2008] (5) One-family dwelling upon real property of four acres or greater within Scenic River Areas defined pursuant to the Order of the Commissioner of the New York State Department of Environmental Conservation dated September 18, 1990. [Added 10-21-2008 by L.L. No. 39-2008] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Cafeteria for an office or other building, when contained within the building or ancillary structure on the same parcel, for the purpose of serving employees and their guests. (2) Retail uses, as accessory to wholesale business, subject to the following limitations: (a) Retail use shall not exceed 10% of the gross floor area of the wholesale business or 3,000 square feet, whichever is less. (b) The parcel shall have frontage on an arterial road. (c) Retail uses shall be located at the front of the parcel and building. (d) Off-street visitor parking shall be provided. (3) Day care, as accessory to an office use. (4) Outdoor recreation facilities, as accessory to an office use. (5) The sale at retail of homegrown or homemade products upon agriculturally used land, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area for the sale of said products at no time exceeds 40% of the total merchandising area. [Added 10-21-2008 by L.L. No. 39-2008] D. Prohibited uses:
301:162 § 301-122 ZONING AND LAND DEVELOPMENT § 301-124
(1) Professional offices. (2) Municipal offices. (3) Outdoor storage, except as accessory to the specially permitted use set forth in Subsection B(3) of this section. [Amended 5-6-2008 by L.L. No. 15-2008] (4) Indoor theater. (5) Residential uses.
§ 301-123. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule59 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide attractively landscaped contiguous open space areas, equal to at least 20% of the lot area, that shield views of the development from arterial roads and the Long Island Expressway. Preference is given to preservation of existing habitat (such as meadows or forests) rather than clearance and creation of new habitat. The open space should serve to provide on-site stormwater management.
§ 301-124. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 17-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) Developments of multiple buildings in the Ind C District shall be planned in a campus layout. (2) Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 25 or other major arterial street.
59.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:163 § 301-124 RIVERHEAD CODE § 301-124
(3) Signage shall be provided in accordance with Article XLVIII, Signs, of this chapter. (4) Buffering and transitions. (a) Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Along borders with public streets, buffer plantings of a minimum twenty-foot depth shall be provided. Along property lines shared with Enterprise Park and other properties, buffer plantings of a minimum ten-foot depth shall be provided. Buffer plantings shall minimize views of paving and buildings from public streets and from Enterprise Park. B. Parking standards. (1) The number of off-street parking spaces in the Ind C Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter. (2) Planted berms shall be used to screen the view of automobiles from public roadways. (3) Off-street parking is prohibited in front yards and within 20 feet of side property lines and within 10 feet of rear property lines. (4) In order to soften the appearance of parking lots, large areas of surface parking should be broken up by rows of landscaping no less than 10 feet in width, in order to create parking fields of no more than 50 spaces each. Landscaping shall include ground cover, ornamental grasses, or low shrubs. This landscaping requirement is in addition to the twenty-percent parcel-wide landscaping mentioned above. (5) In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:164 § 301-125 ZONING AND LAND DEVELOPMENT § 301-126
ARTICLE XXVI Light Industrial (LI) Zoning Use District [Added 6-6-2006 by L.L. No. 18-2006]
§ 301-125. Purpose and intent. The purpose of this zoning use district is to provide for the development of manufacturing, assembly, warehousing, research and development, processing and packaging of goods or products from raw materials in which the goods produced are generally of high value in relation to bulk and which do not generate offensive noise, vibration, glare, dust, smoke, gas or other nuisances. It is a further goal of the Light Industrial Zoning Use District to encourage the development of employment-creating enterprises within buildings in an industrial park setting in accordance with modern development standards.
§ 301-126. Uses. No building or premises shall be used and no building shall be erected, reconstructed, altered or added to except for the following permitted or accessory uses: A. Permitted uses: (1) Light manufacturing. (2) Research and development. (3) Laboratories. (4) Radio and television broadcasting studios. (5) Warehouse and distribution of nonhazardous materials. (6) Mariculture and floriculture facilities.
(7) Health spas and health-related facilities, including: [Added 1-15-2013 by L.L. No. 1-2013]
(a) Health clubs and gymnasiums. (b) Health spas. (c) Wellness center. B. Special permit uses: (1) Wireless communications towers and antennas. (2) Public utility buildings or structures. (3) Day-care facilities.
301:165 § 301-126 RIVERHEAD CODE § 301-127
C. Accessory uses: those uses customarily incidental and subordinate to and in furtherance of any of the aforementioned principal uses. Accessory uses shall be for the sole use of the employees, tenants and guests of the principal use and not for the use by the general public and shall include the following: (1) Cafeterias, not including diners, luncheonettes, drive-in and fast- food facilities, for the use of executives, employees and visitors of the principal use. (2) Indoor and outdoor recreation facilities. (3) In-service training schools for employees of the principal use. (4) Auditoriums. (5) Day-care facilities. (6) Banks, automatic teller machines. (7) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto. (8) Heating and power plants accessory to the principal use and the service of all structures on the premises. (9) Fully enclosed storage facilities incidental to the principal use. (10) Maintenance and utility shops incidental to the principal use. (11) The owner or lessee of property in the Light Industrial Zoning Use District may, as part of site plan approval and when necessary, be granted a runway use agreement consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. D. Prohibited uses: (1) Outdoor storage. (2) Adult uses as set forth in Article XXVIII of this chapter. (3) Those uses set forth in § 301-114A(6) of this chapter. (4) Retail sales of consumer merchandise. (5) Personal service uses unless permitted by Subsection C(1) of this section. (6) Any uses not expressly permitted or specially permitted are prohibited.
301:166 § 301-127 ZONING AND LAND DEVELOPMENT § 301-128
§ 301-127. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule60 incorporated into this article by reference and made part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-128. Design standards. The following design standards shall apply to all uses within the Light Industrial Zoning Use District: A. Building design. The exterior appearances of buildings shall complement the character of existing development in the surrounding area. The objective of the building design standards is to provide overall high quality and complementary design of industrial and office buildings. Special emphasis is placed upon methods that tend to reduce the large-scale visual impact of buildings and to encourage imaginative design for individual buildings. (1) Building mass. Solid and unarticulated buildings are discouraged. The mass and scale of buildings shall be reduced by staggered building walls or other architectural treatments at least every 150 feet to provide architectural interest and reduce the visual scale of a building. Buildings shall include the following elements: (a) The use of variations in height, rooflines and grade definition is encouraged to reduce the perceived height and mass of a building. (b) Building entries shall be readily identifiable through the use of canopies, marquees and architectural treatment. (c) Where possible, buildings with smaller or multiple structures instead of one large building are preferred to reduce massive appearance.
(d) Clusters of mature landscaping and berms shall be provided along the building facade. The landscaping clusters shall include a variety of trees and tall shrubs. (e) Wall texture changes shall be provided. (f) Small-scale elements, such as planter walls and hedges, shall be clustered around building entrances. (2) Materials.
60.Editor's Note: The Light Industrial (LI) District Schedule of Dimensional Regulations is included as an attachment to this chapter. 301:167 § 301-128 RIVERHEAD CODE § 301-129
(a) One dominant material shall be selected and used through each building on a site. (b) It is encouraged that the front and two side elevations of all buildings and/or structures be constructed of brick, architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas. (c) Roof design shall be as aesthetically pleasing as possible (e.g., color, material, grouping). (d) Glass windows or some similar architectural treatment shall occupy at least 10% of the front elevation of a building. (3) Color and texture. (a) Texture patterns are encouraged to create shadow patterns which will reduce the high visibility of the building. (b) Variations in color shall be kept to a minimum. (c) Colors shall be subdued in tone. (d) Accent colors may be used to express corporate identity. (4) Location. (a) No building shall be constructed closer than 25 feet to an adjacent building. (b) Planters, walls and sign elements not exceeding six feet in height shall be permitted in yard areas. Roof overhangs may extend a maximum of six feet into setback areas. B. No more than 10% of the required parking shall be located in the front yard setback area. C. All service and loading areas shall be screened from the view from streets by a combination of walls, fencing, vegetation or berms. D. The front and side facades shall be constructed with masonry materials. At least 50% of the linear width of the front facade shall consist of transparent windows. Metal and prefabricated buildings are prohibited. E. Building shape, massing and siding shall reflect the prevalent character of surrounding buildings on the block.
§ 301-129. Performance criteria. A. All development subject to the provisions of Article 6 of County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services.
301:168 § 301-129 ZONING AND LAND DEVELOPMENT § 301-129
B. All development shall be connected to the appurtenances of the Calverton Sewer District. C. All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code. D. All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection. E. Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument. F. Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required. G. All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which results in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation. H. No more than 65% of the LI District shall be cleared pursuant to the Central Pine Barrens Comprehensive Land Use Plan and Article XLI, Pine Barrens Overlay District, of this chapter. The applicable clearance percentage shall be calculated over the entire parcel, including but not
301:169 § 301-129 RIVERHEAD CODE § 301-129
limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities, and shall contain calculations for the amount of disturbances of native vegetation and indicate the clearing limits thereof. I. Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings. J. Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan. K. Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species. L. Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%. M. Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives: (1) Minimize potential impacts associated with soil erosion and resulting in sedimentation of surface waters. (2) Limit work areas to the immediate area of construction in order to minimize disruption of adjacent lands. N. In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of
301:170 § 301-129 ZONING AND LAND DEVELOPMENT § 301-129
ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument. O. Where applicable, development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces. P. Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time. Q. Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Register of Historic Places and historic structures listed on the State or National Register of Historic Places, or recognized by local law or statute, sensitive archaeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources. R. All commercial or industrial development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws. S. A buffer of 1,000 feet and no more than 50% disturbance shall be permitted around verified endangered species breeding ponds pursuant to New York State Department of Environmental Conservation (NYSDEC) freshwater wetlands permit requirements. T. Development within the LI District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for.61
61.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:171
§ 301-130 ZONING AND LAND DEVELOPMENT § 301-132
ARTICLE XXVII Industrial Receiving District62 [Added 5-7-1996]
§ 301-130. Purpose and intent. A. It is the purpose of this article to establish the Industrial Receiving District in order to establish receiving sites for both Pine Barrens credits and other identified development credits which may be transferred pursuant to the procedure set forth herein, Article XLII, Transfer of Development Rights, of this chapter, and § 261-a of the Town Law of the State of New York. B. It is the further intent of this article to set forth the procedure upon which the Town Board may establish an Industrial Receiving District, such district to be established on a floating zone basis with the necessary controls and provisions necessary to accomplish the aforementioned purpose. C. It is the purpose of the Industrial Receiving District legislation to provide for more desirable development and more efficient use of real property than is achievable under existing zoning and environmental regulation consistent with the recommendations of the Central Pine Barrens Comprehensive Land Use Plan and the Town of Riverhead Master Plan. D. The Riverhead Town Board and the Riverhead Planning Board are hereby authorized to increase the intensity of lands proposed for development and are further authorized to consider and approve the transfer of Pine Barrens credits under this section.63
§ 301-131. Zoning Map amendments. The Town Board may amend the Zoning Use District Map of the Town to provide for an Industrial Receiving District upon its own motion or upon the petition of a property owner pursuant to the provisions of this article, Article XLII, Transfer of Development Rights, of this chapter and Article 16 of Town Law of the State of New York. The procedure for the establishment of an Industrial Receiving District shall be in accordance with the procedure for zoning amendment pursuant to Article LX, Amendments and Changes, of this chapter.
§ 301-132. Criteria for establishment. A. An Industrial Receiving District may be authorized where the Town Board finds that the receiving area contains adequate transportation,
62.Editor's Note: Original Art. XXVII, Business G District (Tourist Business), of the 1976 Code, added 1-17-1995, as amended, was repealed 12-14-2004 by L.L. No. 53-2004. 63.Editor's Note: Original § 108-182 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:173 § 301-132 RIVERHEAD CODE § 301-133
water supply, waste disposal and fire protection and that there will be no significant environmentally damaging consequences due to increased development intensity, pursuant to § 261-a of the Town Law of the State of New York. B. An Industrial Receiving District shall be established in accordance with the recommendations of either the Central Pine Barrens Comprehensive Land Use Plan or the Master Plan of the Town of Riverhead and amendments thereto. C. A generic environmental impact statement pursuant to Article 8 of the New York State Environmental Conservation Law shall be prepared prior to the establishment of such district. D. The Industrial Receiving District shall be created consistent with a Comprehensive Plan pursuant to § 263 of the Town Law of New York State.
E. Where the transfer of development rights affects two or more school districts, the sending area shall not unreasonably transfer the tax burden among the taxpayers of the Receiving District. F. The report and recommendation of the Planning Board shall be required.
§ 301-133. Development standards. Upon the establishment of an Industrial Receiving District by the Town Board, a property owner may apply to the Planning Board for approval in accordance with the applicable provisions of this chapter. The transfer or redemption of Pine Barrens credits shall allow the property owner to increase the "as of right" building intensity without further zoning approvals. Development of an Industrial Receiving District shall be in accordance with the following standards: A. No land clearing, construction or development shall occur on any real property within the Industrial Receiving District prior to the approval of a site plan approved by the Planning Board in accordance with this article and pursuant to § 301-291 of this chapter. B. Approval of the site plan shall be conditioned upon the maximum allowable sanitary discharge level acceptable to the Suffolk County Department of Health Services pursuant to Article 6 of the Suffolk County Sanitary Code. C. Approval of the site plan shall be conditioned upon the landowner providing the necessary legal instruments (i.e., conservation easement, deed, covenants and title certification) to effect the redemption of Pine Barrens credits.
301:174 § 301-133 ZONING AND LAND DEVELOPMENT § 301-134
D. The maximum allowable sanitary discharge at the site upon the use of Pine Barrens credits may not exceed that discharge provided by Article 6 of the Suffolk County Sanitary Code. E. Public water must be provided to the development site within the Industrial Receiving District, and, where applicable, public water shall be available downgradient of the development project in the Receiving District. F. All principal and accessory uses provided as permitted or special permit uses in the underlying industrial zoning use district shall be permitted in the industrial receiving area. There shall be no residence or dwelling as a principal use within the Industrial Receiving District.
§ 301-134. Area descriptions. The areas described shall be the Industrial Receiving District in accordance with the recommendations of the Central Pine Barrens Comprehensive Land Use Plan: A. Beginning on the south side of Middle Country Road (known as State Road 25) in the Hamlet of Calverton at a point located at the southeast corner of the intersection of Edwards Ave. and Middle Country Rd. Running thence in an easterly direction on the south side of Middle Country to a point located at the easterly property line of 0600-117-2-11. Running thence in a southeast direction along the property line south of Splish Splash Drive, continue running southeast along property to a point located at the northeast corner of Parcel 0600-118-1-3.1.1. Running thence in a southerly direction along property line approx. 1,405 feet to the southeast corner of parcel 0600-118-1-3.1 at this point proceed southwest along the north side of the Long Island Expressway property line to a point located at the southwest corner of the parcel 0600-138-1-23.1. Continue running in a southwest direction along the north property line of the Long Island Railroad to a point located at the southwest corner of parcel 0600-137-1-8 intersecting Edwards Avenue. Running thence in a northerly direction along the east side of Edwards Avenue to a point approx. 3,100 feet. Running thence in a westerly direction crossing over Edwards Ave. following the south property line of parcel 0600-117-1-8.4 for approx. 2,095 feet, continue in a westerly direction along the south property line of parcel 0600-116-2-7.4 for approx. 1,687 feet to a paper street known as Peconic Ave. Running thence cross over Peconic Ave. and to the southeast corner of parcel 0600-116-1-7.1.
301:175 § 301-134 RIVERHEAD CODE § 301-134
Running thence in a westerly direction along property line 1,721 feet, then north on said property line for approx. 500 feet then east on property line approx. 266 feet then north along property line approx. 1,656 feet. Running thence in a westerly direction along property line approx. 1,629 feet (southern property lines of parcels 0600-116-1-1, 2, 3.1). Running thence in a northerly direction approx. 504 feet. At this point. Running thence west 325 feet to a point. Running thence north approx. 1,958 feet to a point south side of Middle Country Road. Running thence in an easterly direction on the south side of Middle Country Road to the point of beginning.
B. Beginning at point of intersect on the southerly side of Port Jefferson- Riverhead Road (N.Y.S. Rte. 25A) and westerly side of Wading River - Manorville Road, otherwise known as the northeast corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.12. [Added 2-1-2000] Thence running in a westerly direction along the southerly side of Port Jefferson - Riverhead Road (N.Y.S. Rte. 25A), 1,468 feet to a point located at the northwest corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.2 (Alexander - Tuthill Funeral Home). Thence running in a southerly direction along the westerly property line 508 feet to the southwest corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.12 (Alexander - Tuthill Funeral Home) also known as the Riverhead - Brookhaven Town Line. Thence running in an easterly direction 1,493 feet to the southeast corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.14. Thence running in a northerly direction along the westerly side of Wading River - Manorville Road 513 feet to place or point of beginning.
C. Beginning at a point on the easterly side of Wading River - Manorville Road the southeast corner of said property District: 0600 Section: 075 Block: 03 Lot: 18.3 known as the United States Postal Service. [Added 2-1-2000] Thence running in a northerly direction 470 feet along the easterly side of Wading River - Manorville Road. Thence running in an northeasterly direction 42 feet to a point located on the southerly side of Port Jefferson - Riverhead Road (N.Y.S. Rte. 25A) Thence running in an easterly direction 2,045 feet along the southerly side of Port Jefferson - Riverhead Road (N.Y.S. Rte. 25A) to a point located at the northeast corner of said property District: 0600 Section: 075 Block: 3 Lot: 04.
301:176 § 301-134 ZONING AND LAND DEVELOPMENT § 301-134
Thence running along the easterly property line of said property District: 0600 Section: 075 Block: 03 Lot: 04 in a southerly direction 500 feet. Thence running in a westerly direction in an imaginary line to a point located at the southeast corner of said property District: 0600 Section: 075, Block: 03 Lot: 3.6 and continuing in a westerly direction along the southerly property lines of said parcels, District: 0600 Section: 075 Block: 03 Lots: 3.6, 3.3, and 18.3 for 2,052 feet to place or point of beginning.
D. Beginning at a point of terminus on the southerly side of Old Country Road (C.R. 58) and westerly side of Kromer Ave, known as the northeast corner of said property now or formerly owned by Ehrler, Barclay (District: 0600 Section: 119 Block: 01 Lot: 36. [Added 2-1-2000] Thence running in a westerly direction along the southerly side of Old Country Road (C.R. 58) 291 feet. Thence running in a southerly direction 2,554 feet along the westerly property line of the following parcels, District: 0600 Section: 119 Block: 01 Lots: 36, 35.4, 35.3 to a point located at the southeast corner of parcel now or formerly owned by Kromer Ave. Associates Inc. (District: 0600 Section: 19 Block: 01 Lot: 35.3). Thence running in a easterly direction along the northerly property line of the Long Island Railroad 335 feet to a point located at the southeast corner of parcel now or formerly owned by Kromer Ave. Associates, Inc. (District: 0600 Section: 119 Block 01 Lot: 35.3). Thence running in a northerly direction along the westerly side of Kromer Ave. 2,588 feet (The easterly property lines of the following parcels District: 0600 Section: 119 Block: 01 Lots: 35.3, 35.5, 35.4, and 36) to point or place of beginning.
E. Beginning at a point of intersect on the southerly side of Old Country Road (C.R. 58) and the easterly side of Kromer Ave, known as the northwest corner of said property now or formerly owned by Preuss, Carl & Angela (District: 0600 Section: 119 Block: 01 Lot: 40). [Added 2-1-2000] Thence running in an easterly direction along the southerly side of Old Country Road (C.R. 58) 1,045 feet to the northeast corner of said property now or formerly owned by World Life Entertainment Inc. (District: 0600 Section: 119 Block: 01 Lot: 24). Thence running in a southerly direction 2,642 feet along the easterly property line of parcel District: 0600 Section: 119 Block: 01 Lot: 24 to the northern property line of the Long Island Railroad. Thence running in a westerly direction 1,046 feet along the northerly property line of the Long Island Railroad to the southwest corner of said property now or formerly owned by Paraco Gas Corp. (District: 0600 Section: 119 Block: 01 Lot: 31.2).
301:177 § 301-134 RIVERHEAD CODE § 301-134
Thence running in a northerly direction 2,597 feet along the easterly side of Kromer Ave. (The westerly property lines of the following parcels District: 0600 Section 119 Block: 01 Lots: 31.2, 32.1, 32.2, 30, 29, 28.6, 28.5, 28.4, 28.2, 27.1, 26.1, and 40) to point or place of beginning.
F. Beginning at a point of intersect on the easterly side of Kromer Ave. and the northerly of West Main Street (S.R. 25) known as the southeast corner of property now or formerly owned by 1993 Roanoke Apts. Corp., % Soundview Prop. Mgmt. (District: 0600 Section: 119 Block: 02 Lot: 4.1). [Added 2-1-2000] Thence running in a northerly direction along the easterly side of Kromer Ave. 99 feet to the southern property line of the Long Island Railroad. Thence running in an easterly direction 1,008 feet along the southern property line of the Long Island Railroad to the northeast corner of said property now or formerly by Mondello, Nicholas and Hoffman, Greg (District: 0600 Section: 119 Block: 02 Lot: 7.1). Thence running in a southerly direction 190 feet along the property line of said parcel District: 0600 Section: 119 Block: 02 Lot: 7.1 to the northerly side of West Main Street (S.R. 25). Thence running in a westerly direction 1,426 feet along the northern side of West Main Street (S.R. 25), (the southern property lines of the following parcels District: 0600 Section: 119 Block: 02 Lots: 7.1, 5, 4.1) to the point or place of beginning.
G. Beginning at a point of intersect on the northerly side of West Main Street (S.R. 25) and the westerly side of Kromer Ave. known as the southeast corner of said property now or formerly owned by Isler, Frank and Semaschuk, Walter (District: 0600 Section: 119 Block: 02 Lot: 02). [Added 2-1-2000] Thence running in a northerly direction 93 feet along the westerly side of Kromer Ave. to the southerly property line of the Long Island Railroad. Thence running in a westerly direction 335 feet along the southern property line of the Long Island Railroad to the northwest corner of said property now or formerly owned by Gedo, Inge (District: 0600 Section: 119 Block: 02 Lot: 01). Thence running in a southerly direction 27 feet along the western property line of parcel District: 0600 Section: 119 Block: 02 Lot: 01 to the northern side of West Main Street (S.R. 25). Thence running in an easterly direction 357 feet along the northern side of West Main Street (S.R. 25), (the southern property lines of the following parcels District: 0600 Section: 119 Block: 02 Lots: 1 and 2) to the point or place of beginning.
301:178 § 301-134 ZONING AND LAND DEVELOPMENT § 301-134
H. Beginning at a point on the northerly side of New York State Route 25A at the South West corner of parcel 0600-075-01-4.5 a distance of 2,076.0 feet more or less, east from the intersection of New York State Route 25A and Wading River Manorville Road. [Added 6-20-2000] Running thence from said point of beginning North 02 degrees 52 minutes 00 seconds West 500 feet (westerly property line of 0600-01-75-4.5). Thence North 87 degrees 08 minutes 00 seconds East 1,494.0 feet (along the northerly property line of parcels 0600-01-4.5 and 4.1). Thence North 02 degrees, 52 minutes, 00 seconds West 332 feet (westerly property line of 0600-75-01-7). Thence South 64 degrees, 40 minutes, 40 seconds East 216 feet (along the southerly side of Parker Road). Thence South 02 degrees, 52 minutes, 00 seconds West 350 feet (easterly property line of 0600-75-01-7). Thence North 87 degrees, 08 minutes, 00 seconds East 500 feet (northerly property line of 0600-75-01-8.1). Thence North 02 degrees, 52 minutes, 00 seconds West 143 feet (westerly property line of 0600-75-01-9). Thence South 52 degrees, 30 minutes, 30 seconds East 200 feet (southerly side of Parker Road). Thence South 62 degrees, 04 minutes, 00 seconds East 273 feet (southerly side of Parker Road). Thence South 02 degrees, 49 minutes, 20 seconds West 266 feet to New York State Route 25A (easterly property line of 0600-75-01-9). Thence South 87 degrees, 08 minutes, 00 seconds West 2,611 feet more or less along the northerly side of New York State Route 25A (along the southerly property line of parcels 0600-01-75-9, 8.1, 7, 4.1 and 4.5) to the point of beginning.
301:179
§ 301-135 ZONING AND LAND DEVELOPMENT § 301-137
ARTICLE XXVIII Adult Uses64 [Added 8-3-1999 by L.L. No. 9-1999]
§ 301-135. Uses allowable as special exception; findings; intent. A. Adult uses shall be allowable in any industrial district, except the Light Industrial District, only as a special permit by the Town Board.65 B. Purposes and considerations. (1) In the execution of this article, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses. (2) It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Riverhead. (3) These special regulations are itemized in the article to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.66
§ 301-136. Restriction on location of adult uses. The adult uses as defined § 301-3 above are to be restricted as to location in the following manner in addition to any other requirements of this Code: A. Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.
B. Any of the above uses shall not be located within a one-half-mile radius of another such use. C. Any of the above uses shall not be located with a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.
64.Editor's Note: Original Art. XXVIII, Office/Service District, of the 1976 Code, added 6-4-1985, as amended, was repealed 5-17-2005 by L.L. No. 14-2005. 65.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 66.Editor's Note: Original § 108-223 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage. 301:181 § 301-137 RIVERHEAD CODE § 301-139
§ 301-137. Conditions for waiver of restrictions. The restrictions enumerated in § 301-136 above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this chapter: A. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and interest of this article will be observed; B. The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and C. Fifty-one percent or more of the property owners within the restricted area as defined in § 301-136 have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
§ 301-138. Number of adult uses restricted. No more than one of the adult uses as defined in § 301-3 shall be located on any lot.
§ 301-139. Termination of legal nonconforming uses. By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:
Amount of Capital Investment1 as of the Effective Date of this Date Before Which Use Shall Article Terminate 0 to 5,000 January 1, 2000 5,001 to 8,000 January 1, 2001 8,001 to 15,000 January 1, 2002 15,001 to 22,000 January 1, 2003 22,001 or more January 1, 2004
301:182 § 301-140 ZONING AND LAND DEVELOPMENT § 301-141
ARTICLE XXIX Downtown Center 1: Main Street (DC-1) Zoning Use District [Added 11-3-2004 by L.L. No. 45-2004]
§ 301-140. Purpose and intent. The intent of the Downtown Center 1: Main Street (DC-1) Zoning Use District is to allow, maintain, and foster a traditional downtown character along Main Street, with a pedestrian-friendly streetscape, active ground- floor uses, a twenty-four-hour presence from upper-story residential, with a compact, walkable scale.
§ 301-141. Uses. In the DC-1 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A. Permitted uses: [Amended 2-7-2006 by L.L. No. 8-2006] (1) Retail stores, with 10,000 square feet of gross leasable floor area or less.67 (2) Banks. (3) Personal service businesses. (4) Indoor public markets. (5) Art galleries and studios. (6) Museums, libraries, aquariums and other cultural attractions. (7) Restaurants, cafes, bakeries with retail sale on premises, banquet facilities, specialty food stores, ice cream parlors.
(8) Theaters and cinemas. (9) Professional offices (except for veterinary offices) on the ground floor. (10) Schools (including business and secretarial). (11) Places of worship. (12) Residential units on upper floors, subject to the following conditions: [Amended 11-17-2009 by L.L. No. 62-2009]
67.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:183 § 301-141 RIVERHEAD CODE § 301-141
(a) Studio apartments or efficiency units consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, shall have a minimum of 300 square feet and a maximum of 450 square feet. (b) Except as set forth in Subsection A(12)(a) above, the dwelling unit may contain one kitchen, one dining room, one living room, one or two bathrooms and up to two bedrooms. Rooms designated as dens, libraries, studios, family rooms, bonus rooms, computer rooms, or any similarly named room, shall be deemed to be additional bedrooms, unless the room is designed such that the dimensions are less than 70 square feet or as part of an open floor plan design. (c) The application for site plan approval must include all floor plans which demonstrate compliance with the provisions in Subsection A(12)(a) and (b) above. * Note: Subsequent to the date of enactment of this article, upon the issuance of certificates of occupancy for 500 residential units, such residential units as set forth in Subsection A(12) of this section shall be prohibited within the DC-1 Zoning Use District.
(13) Bed-and-breakfast establishments. (14) Townhouses upon lots with frontage along public highways other than New York State Route 25. B. Special permit uses: (1) Hotels. (2) Marinas. (3) Taverns. (4) Indoor recreation facilities. (5) Day-care, nursery schools. (6) Dormitories, on upper floors. (7) Retail stores with greater than 10,000 square feet of gross leasable floor area. (8) Microbrewery, brew pub, microcidery and microwinery, subject to the following additional criteria: [Added 7-7-2015 by L.L. No. 10-2015] (a) The use shall not be located within 200 feet of a school or house of worship.
301:184 § 301-141 ZONING AND LAND DEVELOPMENT § 301-141
(b) The use shall be limited to serving prepackaged food products, unless the applicant obtains approval and a certificate of occupancy for use as a brew pub or restaurant use within that portion of the premises used for preparation and service of food. (c) The use shall permit tastings and sale for on-site consumption, subject to all required permits and approvals required by state and local laws, rules and regulations. (d) The use shall permit sale for off-site consumption (i.e., filling of growlers) limited to 1,000 barrels annually and offer to licensed retailers and wholesalers limited to 2,500 barrels of beer, cider or wine annually. (e) The processing and manufacturing shall not exceed 10,000 barrels (310,000 gallons) annually.
(f) All manufacturing and processing activities, including storage of grains, shall take place within an enclosed building. (g) A maximum of 70% of the total square footage shall be used for manufacture and processing. (h) A minimum of 30% shall be used for the sale and marketing of the manufactured product. (i) All sales and marketing shall be located in the portion of the building located along road frontage. (j) A microbrewery, brew pub, microcidery or microwinery use shall be required to hook up to the sewer system and enter into a monitoring agreement with the Sewer District to determine flow and calculate the use fee. (Note: A separate hookup and fee shall be assessed for a pub/restaurant use related to a brew pub.) (k) All loading areas shall be located in the rear portion of the building. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Artists' studios, provided that they occupy 40% or less of a principal residence or are located in a detached accessory building on a residential parcel, and do not exceed 1,000 square feet of floor area. D. Prohibited uses:
301:185 § 301-141 RIVERHEAD CODE § 301-143
(1) All ground-floor offices, with the exception of real estate and professional offices. (2) Office-only buildings. (3) Ground-floor residential units, with the exception of townhouse uses. (4) Flea markets, with the exception of farmers markets. (5) Gas stations, car washes, and other automobile-oriented uses. (6) Drive-through windows for restaurants and banks. (7) Antennas for wireless providers.
§ 301-142. Lot, yard, bulk and height requirements. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule68 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-143. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 21-2009] The design, buffer and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) The principal building entrance and front shall face the primary street frontage and sidewalk. Secondary building entrances on the south side of Main Street shall face the Peconic Riverfront. (2) At least 75% of linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 10% by opaque banners, or either permanent or temporary advertisements or signs. (3) Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block.
68.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:186 § 301-143 ZONING AND LAND DEVELOPMENT § 301-143
(4) Facades of commercial buildings that face sidewalks or pedestrian walkways shall be required to have variations in facade plane, piers, or other architectural features. (5) Signage in the DC-1 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter. (6) Buffering and transitions. (a) Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof pursuant to § 245-8. (b) Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses. (c) Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays. B. Parking standards. (1) The number of off-street parking spaces in the DC-1 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking. (2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off- street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231. (4) Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line. (5) Parking may also be located fully below buildings, partially below grade in a building, or at grade within a building, provided it is fully enclosed and no entry is provided facing a public street or front yard. Structured parking that is partially below grade shall be screened from the street by steps, trellises, or screens. (6) Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot.
301:187 § 301-143 RIVERHEAD CODE § 301-143
C. Storefronts and facade standards. The storefronts and facades of building(s)/structure(s) shall be maintained in a way that does not provide evidence of vacancy. The interiors, when visible to passersby through storefront windows, shall be maintained in a way that does not exhibit evidence of vacancy. Any storage within the building(s)/structure(s) shall be concealed by means of storefront and/ or window decor, displays, etc. Spray painting or frosting windows is not an acceptable means by which an owner of property may conceal that which is within. [Added 10-17-2017 by L.L. No. 22-2017]
301:188 § 301-144 ZONING AND LAND DEVELOPMENT § 301-146
ARTICLE XXX Downtown Center 2: Waterfront (DC-2) Zoning Use District69 [Added 11-3-2004 by L.L. No. 46-2004]
§ 301-144. Purpose and intent. The intent of the Downtown Center 2: Waterfront (DC-2) Zoning Use District is to create a downtown waterfront area that meets the combined goals of continuous pathways and public waterfront access, generous open space and landscaping, and watershed protection through limits on impervious surfaces.
§ 301-145. Uses. In the DC-2 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Marina, resort. (2) Retail stores. B. Special permit uses: (1) Hotels, inns, and bed-and-breakfast establishments. (2) Indoor recreation facilities. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Restaurants, cafes, cafeterias.
(2) Outdoor storage of boats and other watercraft as an accessory use to a marina. D. Prohibited uses: (1) Offices. (2) Gas stations, car washes, and other automobile-oriented uses. (3) Drive-through windows for restaurants and banks.
§ 301-146. Lot, yard, bulk and height requirements.
69.Editor's Note: Original Art. XXX, Defense Institutional District, of the 1976 Code, added 11-17-1987, was repealed 12-14-2004 by L.L. No. 53-2004. 301:189 § 301-146 RIVERHEAD CODE § 301-147
A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule70 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide a contiguous open space area equal to at least 30% of the lot area. Such open space areas shall use native plant species to enhance the appearance and function of the riverfront as ecological habitat. In order to protect the health of the river, the use of lawns and other plantings which rely on fertilizers and herbicides is strongly discouraged at the rear of lots facing the river.
§ 301-147. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 22-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) All properties shall provide a pedestrian easement for a walking trail that connects to existing trails or provides the ability to connect to future trails on adjacent properties. Trails shall be at least four feet wide and constructed of a permeable surface. (2) New buildings and all other elements of the site plan, including access, parking areas and landscaped open space, shall be sited to preserve and enhance pedestrian pathways to, and view corridors of, the Peconic River.
(3) All buildings in the DC-2 Zoning Use District shall provide entries to both a public street and the Peconic River walkway or trail. (4) For building facades facing West or East Main Street, at least 50% of the linear width of the facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 10% by opaque banners, or either permanent or temporary advertisements or signs. (5) Signage in the DC-2 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter.
70.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:190 § 301-147 ZONING AND LAND DEVELOPMENT § 301-147
(6) Buffering and transitions. (a) Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses. (c) Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays. B. Parking standards. (1) The number of off-street parking spaces in the DC-2 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking. (2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off- street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231. (4) Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line. (5) Parking may also be located fully below buildings, partially below grade in a building, or at grade within a building, provided it is fully enclosed and no entry is provided facing a public street or front yard. Structured parking that is partially below grade shall be screened from the street by steps, trellises, or screens. (6) Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot. (7) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area. This landscaping requirement is in addition to the thirty-percent parcel-wide landscaping mentioned above.
301:191 § 301-147 RIVERHEAD CODE § 301-147
(8) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges. (9) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:192 § 301-148 ZONING AND LAND DEVELOPMENT § 301-149
ARTICLE XXXI Downtown Center 3: Office (DC-3) Zoning Use District [Added 11-3-2004 by L.L. No. 47-2004]
§ 301-148. Purpose and intent. The intent of the Downtown Center 3: Office (DC-3) Zoning Use District is to allow, maintain, and foster a traditional downtown character, similar to that of the Downtown Center 1: Main Street (DC-1) Zoning Use District, but with lower intensities. The DC-3 Zoning Use District complements the State Supreme Court of Suffolk County Complex by allowing a moderate-intensity mix of uses, with ground-floor offices and retail and a greater mix of housing types.
§ 301-149. Uses. In the DC-3 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Retail stores. (2) Banks. (3) Personal services businesses. (4) Funeral homes. (5) Art galleries and studios. (6) Restaurants, cafes, bakeries with retail sales on premises, banquet facilities, ice cream parlors. (7) Offices and professional offices.
(8) Governmental offices or other public offices. (9) Museums, libraries and other cultural attractions. (10) Schools (including business and secretarial). (11) Places of worship. (12) Townhouses. (13) Parking facilities.
(14) Movie theater and multiplex cinema. [Added 6-7-2005 by L.L. No. 15-2005]
301:193 § 301-149 RIVERHEAD CODE § 301-151
B. Special permit uses: (1) Hotels. (2) Taverns. (3) Indoor recreation facilities. (4) Day-care, nursery schools. (5) Bed-and-breakfast establishments. (6) Dormitories. (7) Single-family dwelling units. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Home occupations, but not in apartment buildings. D. Prohibited uses: (1) Gas stations, car washes, and other automobile-oriented uses. (2) Drive-through windows for restaurants and banks.
§ 301-150. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule71 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. New buildings in the Downtown Center Zoning Use Districts shall comply with the lot, yard, bulk, and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to increase front yard setbacks based on the existing setbacks of adjacent structures, so as to maintain a unified street wall pattern. C. Exemptions. Bay windows, unenclosed porches, and other front and side projections shall be exempt from the calculation of building area, so as to encourage a variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
71.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:194 § 301-151 ZONING AND LAND DEVELOPMENT § 301-151
§ 301-151. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 23-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) The principal building entrance and front shall face the primary street frontage and sidewalk. (2) For ground-floor commercial space, at least 50% of the linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs. (3) Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block. (4) Facades of commercial buildings that face sidewalks or pedestrian walkways shall be broken up into bays of no more than 30 feet in width, through use of variations in facade plane, piers, or other architectural features. (5) Signage in the DC-3 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter. (6) Buffering and transitions. (a) Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses. (c) Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays. B. Parking standards. (1) The number of off-street parking spaces in the DC-3 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking. (2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off-
301:195 § 301-151 RIVERHEAD CODE § 301-151
street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231. (4) Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line. (5) Parking may also be located fully below buildings, partially below grade in a building, or at grade within a building, provided it is fully enclosed and no entry is provided facing a public street or front yard. Structured parking that is partially below grade shall be screened from the street by steps, trellises, or screens. (6) Curb cuts to parking lots shall be minimized by sharing driveways for access to adjacent parking lots. (7) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges. (8) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area. (9) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of parking lots shall be planted, situated and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:196 § 301-152 ZONING AND LAND DEVELOPMENT § 301-153
ARTICLE XXXII Downtown Center 4: Office/Residentialransition T (DC-4) Zoning Use District [Added 11-3-2004 by L.L. No. 48-2004]
§ 301-152. Purpose and intent. The intent of the Downtown Center 4: Office/Residential Transition (DC-4) Zoning Use District is to allow, maintain, and foster a downtown neighborhood of homes and offices that is less intensive than the Downtown Center 1: Main Street (DC-1) and Downtown Center 3: Office (DC-3) Zoning Use Districts. The DC-4 Zoning Use District does not allow for any retail or personal services.
§ 301-153. Uses. In the DC-4 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Offices, professional and public. (2) Single-family dwelling units. (3) Townhouses. (4) Places of worship. (5) Funeral homes. B. Special permit uses: (1) Home professional offices.
(2) Bed-and-breakfast establishments. (3) Day-care facilities, nursery schools. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Artists' studios, provided that they occupy 40% or less of a principal residence or are located in a detached accessory building on a residential parcel and do not exceed 1,000 square feet of floor area. (2) Dormitories supporting a place of higher education.
301:197 § 301-153 RIVERHEAD CODE § 301-155
(3) Home occupations. D. Prohibited uses: (1) Retail stores and personal services.
§ 301-154. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule72 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. New buildings in the Downtown Center Zoning Use Districts shall comply with the lot, yard, bulk, and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to increase front yard setbacks based on the existing setbacks of adjacent structures, so as to maintain a unified street wall pattern. C. Exemptions. Bay windows, unenclosed porches, and other front and side projections shall be exempt from the calculation of building area, so as to encourage a variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
§ 301-155. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 24-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A. Design standards. (1) The principal building entrance and front shall face the primary street frontage and sidewalk. (2) Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block, while allowing for freedom of architectural style. (3) Where shade is desired for commercial buildings, awnings are encouraged. Windows may not be obscured more than 20% by
72.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:198 § 301-155 ZONING AND LAND DEVELOPMENT § 301-155
opaque banners, or either permanent or temporary advertisements or signs. (4) Front porches are encouraged for all entries. Porches, where provided, shall have minimum dimensions of eight feet in depth and 15 feet in width. (5) Signage in the DC-4 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter. (6) Buffering and transitions. (a) Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. (b) Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses. (c) Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays. B. Parking standards. (1) The number of off-street parking spaces in the DC-4 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking. (2) Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off- street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times. (3) The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231. (4) Structured parking is prohibited in the DC-4 Zoning Use District. Attached or freestanding garages are permitted for residential use. (5) Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line. (6) Curb cuts to parking lots shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot.
301:199 § 301-155 RIVERHEAD CODE § 301-155
(7) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area. (8) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges. (9) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of parking lots shall be planted, situated and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:200 § 301-156 ZONING AND LAND DEVELOPMENT § 301-157
ARTICLE XXXIII Downtown Center 5: Residential (DC-5) Zoning Use District73 [Added 11-3-2004 by L.L. No. 49-2004]
§ 301-156. Purpose and intent. The intent of the Downtown Center 5: Residential (DC-5) Zoning Use District is to allow, maintain, and foster a downtown residential neighborhood enlivened with live/work spaces and home occupations.
§ 301-157. Uses. In the DC-5 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Single-family and two-family dwelling units. (2) Townhouses. (3) Places of worship. (4) Schools.
(5) Professional offices on parcels of 0.17 acre or greater. [Added 8-16-2011 by L.L. No. 22-2011] B. Special permit uses: (1) Day-care facilities and nursery schools.
(2) Bed-and-breakfast establishments. [Added 7-1-2008 by L.L. No. 20-2008] C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Artists' studios, provided that they occupy 40% or less of a principal residence or are located in a detached accessory building on a residential parcel and do not exceed 1,000 square feet of floor area. (2) Home occupations. (3) Home professional offices.
73.Editor's Note: Original Art. XXXIII, Business E Highway Commercial/Service Zone, of the 1976 Code, added 3-21-1989, as amended, was repealed 6-2-2010 by L.L. No. 12-2010. 301:201 § 301-157 RIVERHEAD CODE § 301-159
D. Prohibited uses: (1) Apartment buildings. (2) Residential health care facilities. (3) Dormitories.
§ 301-158. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule74 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. New buildings in the Downtown Center Zoning Use Districts shall comply with the lot, yard, bulk, and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to increase front yard setbacks based on the existing setbacks of adjacent structures, so as to maintain a unified street wall pattern. C. Exemptions. Bay windows, unenclosed porches, and other front and side projections shall be exempt from the calculation of building area, so as to encourage a variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
§ 301-159. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 25-2009] The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) To the maximum extent possible, housing should exhibit variations in massing, finishes, features, and colors within each block in order to provide variety and interest at the street. (2) The principal building entrance and front shall face the primary street frontage and sidewalk. (3) Front porches are encouraged for all individual entries to residential buildings.
74.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:202 § 301-159 ZONING AND LAND DEVELOPMENT § 301-159
(4) Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block, while allowing for freedom of architectural style. (5) Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8. B. Parking standards. (1) The number of off-street parking spaces in the DC-5 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking. (2) Garages or parking areas shall be located to the rear or side of a building. No surface parking spaces shall be allowed within 15 feet of the front property line. At-grade garages and/or parking areas in all cases shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line. (3) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area. (4) In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges. (5) In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (b) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:203
§ 301-160 ZONING AND LAND DEVELOPMENT § 301-161
ARTICLE XXXIV Peconic River Community (PRC) Zoning Use District [Added 3-15-2011 by L.L. No. 7-2011]
§ 301-160. Purpose. It is the intent of the Peconic River Community Zoning Use District to provide for an array of residential, commercial and recreational uses pursuant to the land use policy of the State of New York in the Peconic River Corridor to conserve the legislated ecological resources and the free-flowing nature of the river while preserving the existing character and promoting the economic viability of the real property with the River Corridor.
§ 301-161. Uses. In the PRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Retail stores or shops. (2) Wholesale business. (3) Institutional uses. (4) Offices. (5) Nonmotorized open space recreational uses. (6) Public parks, playgrounds. (7) Restaurants.
(8) Agricultural production. B. Specially permitted uses, by special permit of the Town Board: (1) Bed-and-breakfast. (2) Country inns. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically included are the following:75
75.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:205 § 301-161 RIVERHEAD CODE § 301-162
(1) Outdoor storage, suitably screened. D. Prohibited uses: (1) Industrial uses. (2) Dry-cleaning establishments. (3) Motor vehicle sales.
§ 301-162. Lot, yard, bulk and height requirements. A. No building shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated herein.76 B. In order to foster conservation of scenic values, all commercial site plans shall have open space designated in such a manner as to have a minimum of 50% of open space areas planted with native species or left undisturbed.
76.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:206 § 301-163 ZONING AND LAND DEVELOPMENT § 301-165
ARTICLE XXXV Riverfront Corridor (RFC) Zoning Use District [Added 12-29-2004 by L.L. No. 55-2004]
§ 301-163. Purpose and intent. The intent of the Riverfront Corridor (RFC) Zoning Use District is to provide for a mix of residential, commercial and recreational uses that are in harmony with the natural habitat and ecologically sensitive areas of the Peconic River.
§ 301-164. Uses. In the RFC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: A. Permitted uses: (1) Dwelling, one-family. (2) River-related retail uses. (3) Nonmotorized open space recreation uses. B. Special permit uses: (1) Bed-and-breakfast establishments. (2) Country inns. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. [Amended 1-19-2011 by L.L. No. 2-2011]
§ 301-165. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule77 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, all properties shall have open space to be designed as follows:
77.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:207 § 301-165 RIVERHEAD CODE § 301-166
(1) At least 50% in open space areas planted with native species or left in its undisturbed natural form in order to enhance the appearance and function of wetlands and other native habitats. The remaining open space portion on the property shall be attractively landscaped with lawns, shrubs, flowerbeds, or nonimpervious recreation areas.
§ 301-166. Supplementary guidelines. [Amended 5-5-2009 by L.L. No. 30-2009] The design, buffer, and parking standards listed in the provisions below (Subsections A, B and C of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection C(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review. A. Design standards. (1) Driveway openings and curb cuts shall be aligned with the existing curb cuts along major arterial roads in order to reduce the potential addition of traffic lights and conflicting turning movements. (2) In order to protect the health of the waterways, the use of lawns and other plantings which rely on fertilizers and herbicides is strongly discouraged along areas bordering waterfronts. B. Buffering and transitions. (1) Trash/dumpster areas shall be screened from view of streets, sidewalks, pedestrian pathways, and windows of residential buildings, pursuant to § 245-8. C. Parking standards. (1) The number of off-street parking spaces in the Riverfront Corridor (RFC) Zoning Use District shall be provided in accordance with § 301-231. (2) Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots. (3) Planted berms shall be used to screen the view of automobiles from public roadways. (4) In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. This landscaping requirement is in addition to the seventy-percent parcel-wide landscaping mentioned above. (5) Parking lots with 21 or more spaces shall have orchard planting for shade: one tree per 10 off-street spaces. Such trees shall be spread
301:208 § 301-166 ZONING AND LAND DEVELOPMENT § 301-166
throughout the parking lot, rather than clustered only along the edges. (6) In order to provide groundwater recharge and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater: (a) Entire parking areas shall be surfaced with gravel, rather than pavement. (b) Where sanding and salting are not used in the winter, low- traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel. (c) Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
301:209
§ 301-167 ZONING AND LAND DEVELOPMENT § 301-170
ARTICLE XXXVI Arts District [Added 8-19-1997 by L.L. No. 10-199778]
§ 301-167. Findings. It is hereby found and declared that the central business district of the Town of Riverhead is in need of revitalization and that the Town Board of Riverhead has adopted a policy of providing for mechanisms which assist in this revitalization. It is further found and declared that the second- and third-story spaces have lost and continue to lose retail and office tenants to more modern structures more conveniently situated, and that the unused floor space of such buildings constitutes a potential housing stock. It is further found and declared that residential uses within the central business district contribute to the viability of such business district, and that the provision of an arena for the creation of art and cultural resources, together with living accommodations for artists, would create a unique environment for increased investment contributing to the revitalization of the district. It is further found and declared that the legislation governing the alteration of such buildings to accommodate residential use must be more restrictive than statutes heretofore in effect.
§ 301-168. Title. This article shall be known and may be cited as the "Riverhead Arts District Law" of the Town of Riverhead.
§ 301-169. Boundaries. The Riverhead Arts District shall encompass that area bounded as follows: Beginning at a point at the intersection of Northville Turnpike and Union Avenue, proceed in the direction heading southeast on Union Avenue to the intersection of Union Avenue and East Main Street (S.R. 25). At this point, continue in a southeast direction along the property line that separates parcels 0600-129-4-14 and 15 and 600-129-4-18.3 and 18.5 with an imaginary line to the Riverhead Town line. At this point, proceed in a westerly direction following the Riverhead Town line to Peconic Avenue, continue over Peconic Avenue still following the Riverhead Town line in a westerly direction to the Center Drive bridge. At this point, proceed in a northerly direction to the intersection of Griffing Avenue and Court Street. At this point, proceed in a northwesterly direction on Griffing Avenue to the intersection of Railroad Street and Griffing Avenue. At this point, proceed in a northeasterly direction on Railroad Street to the intersection of Roanoke Avenue and Railroad Street. At this point, proceed in a northerly direction on Roanoke Avenue to Northville Turnpike. At this point, proceed in a northeasterly direction on Northville Turnpike to point of beginning.79
78.Editor's Note: This local law also superseded original Art. XXXVIII, Arts District, of the 1976 Code, added 5-20-1997 by L.L. No. 6-1997. 301:211 § 301-170 RIVERHEAD CODE § 301-173
§ 301-170. Uses. In the confines of the Riverhead Arts District, this chapter shall be amended as follows: A. Permitted uses: (1) Gallery. (2) Studio. B. Accessory uses: (1) Dwelling, artist.
§ 301-171. Application for permit. A. No building shall be occupied for an artist dwelling prior to the issuance of a permit by the Town Board certifying the resident as an artist. In this determination, the Town of Riverhead shall rely upon the opinion of those experts it desires and upon the definition of an "artist" contained herein. All applications for a permit shall include the following information and the payment of an application fee of $10: (1) The name and address of the applicant and whether the applicant is the owner or the lessee of the premises; additional family members must be indicated; (2) A description of the type of art to be created within the premises, together with a description of the relevant art work history of the applicant, together with references. B. This article does not obviate the necessity for the applicant to obtain the assent or a permit required by any other agency before proceeding with operations under an approved Town Board permit.
§ 301-172. Procedure for issuance of permit. A. The Town Clerk shall retain the original permit application and distribute one copy to the Town Board and the Planning Department. B. The Town Board shall review all completed permit applications and either approve or deny such permit by resolution. The Town Board may consult with those experts necessary to make a decision upon the propriety of the application for an artist designation. The Town Board may hold public hearing on a particular permit application if it desires. In rendering a decision of approval, approval with conditions or a denial of a permit, the Town Board shall state in writing its findings of fact and conclusions to be transmitted via resolution to the applicant and the Town Clerk.
79.Editor's Note: Original § 108-195 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage. 301:212 § 301-173 ZONING AND LAND DEVELOPMENT § 301-173
§ 301-173. Compliance with conditions. Permits shall remain in force for a period of one year or until commencement of residence within the premises. Subsequent to commencement, the permit shall remain perpetually in force while the applicant resides within the premises. The applicant shall notify the Town Clerk of any changes in occupancy of the premises. In the event that occupancy changes to such an extent that the intent of this article is contravened, the permit may be revoked by the Town Board subsequent to a hearing.
301:213
§ 301-174 ZONING AND LAND DEVELOPMENT § 301-176
ARTICLE XXXVII Open Space Conservation (OSC) Zoning Use District80 [Added 11-17-1987]
§ 301-174. Purpose. It is the purpose of the Open Space Conservation District to provide for the conservation and preservation of lands within the Town of Riverhead, whether in public or private ownership, which are open areas of significant environmental importance and which are wholly exempt or have nontaxable status. The Town Board, in order to implement the provisions of the Town's Comprehensive Plan, shall determine the significance of parcels of open space and thereby determine the inclusion of those parcels in the Open Space Conservation District.
§ 301-175. Uses. In the Open Space Conservation District, no building, structure or premises shall be used, arranged or designed to be used, and no structure shall hereafter be erected, reconstructed or altered, unless otherwise provided for in this chapter, except for two of the following special permit uses or accessory uses: A. Special permit uses. All special permit uses set forth herein shall be subject to the approval of the Town Board, pursuant to the definition of "site plan" in § 301-3 of this chapter. Special permit uses are as follows: (1) Those structures which are considered customary to the prevailing use. This shall include but not be limited to golf clubhouses, tennis clubhouses, bathhouses, park administration buildings, camp houses, maintenance buildings, utility shops, central heating and power plants and fully enclosed storage facilities.
§ 301-176. Special requirements. A. Pursuant to Article LVI, Site Plan Review, of this chapter, all uses shall require site plan approval. B. Signage shall conform to the provisions of Article XLVIII, Signs, of this chapter. C. All development in the Open Space Conservation District shall conform to the screening and buffer requirements set forth in § 301-236 of this chapter.
80.Editor's Note: Original Art. XXXVII, Destination Commercial Planned Overlay Development District, of the 1976 Code, added 3-18-1997, was repealed 7-20-1999 by Res. No. 675-1999. 301:215
§ 301-177 ZONING AND LAND DEVELOPMENT § 301-178
ARTICLE XXXVIII Natural Resources Protection (NRP) Zoning Use District [Added 11-17-1987]
§ 301-177. Purpose. The area known as the "Pine Barrens Protection Zone" within the Town of Riverhead has been found to be a natural resource area which includes Pine Barrens vegetation and associated unique wildlife habitats, wetlands and tributaries which are part of a larger river estuary exhibiting scenic values and a deep recharge groundwater supply located over a sole source aquifer. In order to protect the Town of Riverhead's most significant supply of pure drinking water and to prevent degradation of identified habitats as well as the surface water quality of the Peconic River and its tributaries, it is the intent of this article to provide for development of land at a density and type which encourages clustering to create open space and demonstrates protection of identified resources. To fully observe the purpose of this article, clustered residential developments shall demonstrate that the disturbance of land shall occur on the least sensitive portion of the site.
§ 301-178. Uses. In the Natural Resources Protection District, no building, structure or premises shall be used or arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for one of the following permitted uses and its customary accessory uses: A. Permitted uses. Permitted uses shall be as follows: (1) Agriculture, provided that no storage of manure shall be permitted within 100 feet of any side or rear lot lines or within 150 feet of any street lines. (2) One-family dwellings. (3) Park and playground, noncommercial.
B. Special permit uses. In order to ensure the protection of natural features and habitats and to fully observe the purposes of this article, the Town Board may approve condominium housing developments and homeowners' association developments within the Natural Resource Protection District, provided that the following conditions are met: (1) The underlying density of the development does not exceed one unit per four acres. (2) The application for proposed condominium and/or homeowners' association development shall be combined with an application for a cluster development pursuant to Article LIV, Cluster Development, of this chapter, and both will be considered under this provision.
301:217 § 301-178 RIVERHEAD CODE § 301-178
(3) The Planning Board and/or the Town Board, under these provisions and the procedures set forth in the Subdivision Regulations of the Town of Riverhead,81 may require the following additional data and information as a basis for approving such condominium subdivisions: (a) A complete site plan, showing the location of all landscaping and other improvements, including dwelling units and first- floor elevations, and the design of all buildings and structures. (b) The text of all filed restrictions on the use of the land and buildings, including the condominium agreement as approved by the New York State Attorney General. (c) Any other information deemed by either Board, in its discretion, to be necessary to a reasonable determination of the application.
(d) Expert testimony by independent engineers or architects, to be paid for by the applicant. (4) Any application made pursuant to the provisions of this section shall originate by an application to the Town Board, contrary provisions notwithstanding, and shall be referred to the Planning Board, which will transmit its recommendations to the Town Board within 60 days of referral. (5) After receipt of the recommendations of the Planning Board, the Town Board shall hold a public hearing upon public notice as required by § 265 of the Town Law, and the applicant shall pay all expenses of said hearing. The Town Board shall determine that: (a) The use will not prevent or substantially impair either the reasonable and orderly use or the reasonable and orderly development of other properties in the neighborhood. (b) The hazards of disadvantages to the neighborhood from the location of such use at the property are outweighed by the advantage to be gained either by the neighborhood or the Town. (c) The health, safety, welfare, comfort, convenience and order of the Town will not be adversely affected by the authorized use. (d) Such use will be in harmony with and promote the general purposes and intent of this chapter. (6) The Planning Board and Town Board may consider, among other matters or factors which the Board may deem material, whether:
81.Editor's Note: See Art. LIII, Subdivision Regulations, of this chapter. 301:218 § 301-178 ZONING AND LAND DEVELOPMENT § 301-178
(a) The site is particularly suitable for the location of such use in the community. (b) The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. (c) The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly. (d) Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure that public safety in relation to the general character of the neighborhood and other existing or permitted uses within it and so as to avoid traffic congestion; and, further, vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances. (e) All proposed curb cuts have been approved by the street or highway agency which has jurisdiction. (f) Adequate provisions have been made for emergency conditions. (g) Adequate buffer yards, landscaping, walls, fences and screening are provided where necessary to protect adjacent properties and land uses. (h) Where necessary, special setback, yard, height and building area coverage requirements or easements, rights-of-way or restrictive covenants shall be established. (i) Where appropriate, a public or semipublic plaza or recreational or other public area shall be located on the property. (j) Adequate provisions are made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid or gaseous or of other character. (k) Existing municipal services and facilities are adequate to provide for the needs of the proposed use. (l) The use will tend to generate or accumulate dirt or refuse or tend to create any type of environmental pollution, including vibration, noise, light, electrical discharges, odors, smoke or irritants, particularly where they are discernible on adjacent properties or boundary streets.
301:219 § 301-178 RIVERHEAD CODE § 301-180
(m) The construction, installation or operation of the proposed use is such that there is a need for regulating the hours, days or similar aspects of its activity. (n) The proposed use recognizes and provides for the further special conditions and safeguards required for particular uses as may be determined by the Town Board or Planning Board. C. Accessory uses. Accessory uses shall be as follows: (1) Private garages, private boathouses, private greenhouses and similar accessory buildings which are necessary for residential development. (2) A temporary building or shed used during construction of a building or structure on the premises. (3) A swimming pool constructed in accordance with the provisions of § 301-230 of this chapter. (4) Boats, trailers, airplanes or seaplanes. Any boat, house trailer, mobile home, camp trailer, camp car, airplane or seaplane in excess of 15 feet in overall length shall not be kept or stored in the area between the street right-of-way and the front line of the main building projected to the side lot lines on any lot in this residence district nor within 10 feet of any side lot or rear lot line, and no such boat, trailer or plane shall be stored or maintained in such manner as to constitute an attractive nuisance or hazard to children.
§ 301-179. Lot, yard, bulk and height requirements.82 No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule83 incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
§ 301-180. Accessory buildings and structures. A. Location. (1) No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows: (a) In a front yard.
82.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 83.Editor's Note: The Zoning Schedule is included as an attachment to this chapter. 301:220 § 301-180 ZONING AND LAND DEVELOPMENT § 301-182
(b) In a side yard, unless the accessory building is 60 feet from a side street line, 30 feet from a property line and 10 feet from any other building. (c) In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line. (d) One accessory use with a maximum floor area of 144 square feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 40 feet from a side street line and rear street line. [Amended 7-19-2011 by L.L. No. 21-2011] (2) Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height, which may be erected on other lot lines of the front yard or any existing street line of a one- family dwelling, and fences not exceeding six feet in height, which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street. B. Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-181. Required living area. No dwelling shall be erected unless provisions shall be made therein as follows:
A. For residential dwellings, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,200 square feet of living area for the first story, but a maximum of 300 square feet of area of the second story may be used and applied to the area requirements for the first story.
§ 301-182. Additional requirements. This zoning district regulates the development of land which lies within noise zones as established by the Air Installation Compatible Use Zone (AICUZ) for the United States Navy Weapons Testing Facility and within the identified Pine Barrens Zone. In the approval of both realty subdivisions and condominium maps, the Riverhead Planning Board shall require covenants
301:221 § 301-182 RIVERHEAD CODE § 301-182 which shall identify the existing noise zones and fire climax areas within the Pine Barrens Zones.
301:222 § 301-183 ZONING AND LAND DEVELOPMENT § 301-185
ARTICLE XXXIX Planned Industrial Park (PIP) Zoning Use District [Added 9-7-1999]
§ 301-183. Purpose. The purpose of the Planned Industrial Park (PIP) District is to encourage industrial and office development in a comprehensively planned and designed environment which will attract private investment, increase the tax base of the Town and provide new employment opportunities, while preserving and maintaining the existing character of the environment.
§ 301-184. Approval procedure. A. Procedure. The planned industrial park shall be designed in part or whole as a single campus-like planned development as defined herein, according to a comprehensive development plan (CDP). Such a CDP shall be submitted to the Town Board for approval. The procedure for review and approval shall be the same as that required for a special permit, except that the submission requirements shall be in accordance with the requirements specified in Subsection B below. Following approval of the CDP by the Town Board, subdivision and site plan approval, as appropriate and necessary, shall be obtained in accordance with the requirements of Article LVI, Site Plan Review, of this chapter and § 301-291, Industrial subdivision, for individual lots and developments within the PIP. Where the standards of this article conflict with others in this chapter, the standards in this article shall apply. B. Submission requirements. The CDP for a PIP shall indicate the following: (1) General location of all existing and proposed structures; general type of proposed uses; existing topography and general grading and drainage proposals; proposed and existing internal streets and points of access; major parking and loading areas; major landscaped areas, open space and proposed screening treatments; major proposed and existing public utility lines and facilities; proposed location of major signs. (2) A chart of appropriate data demonstrating compliance with the requirements of this article. (3) A written statement describing various aspects of the plan, indicating any proposed phasing of development activities.
§ 301-185. Uses. [Amended 12-29-2004 by L.L. No. 54-2004; 6-19-2007 by L.L. No. 19-2007] In the Planned Industrial Park (PIP) District, no regularly scheduled or unscheduled passenger service, air taxi, air charter or fixed-based operator as currently defined by the FAA shall be permitted. Notwithstanding the
301:223 § 301-185 RIVERHEAD CODE § 301-185 prohibition of a fixed-based operator, nothing herein shall preclude management and maintenance operations necessary to support any principal or accessory aviation uses permitted hereunder. No building, structure or premises shall be used, arranged or designed to be used, and no building or structure shall hereafter be erected, constructed, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses and their customary accessory uses: A. Permitted uses: (1) Industrial uses, including component design, manufacturing, processing, fabrication, repair, testing and assembly, but prohibiting those uses specifically set forth at § 301-114A(6), provided that all uses permitted hereunder are conducted within enclosed buildings, and when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval. (2) Warehousing, indoor storage, distribution and wholesaling of nonhazardous and nonflammable materials. (3) Research and testing laboratories. (4) General, executive, administrative, governmental, business and professional offices. (5) Public utility and service facilities, excluding incinerators which shall not be permitted. (6) Extraordinary aircraft and engine maintenance, such as aircraft, airframe and aircraft system overhaul, conversion, modification, reconfiguration and refurbishment, including annual inspections, but excluding minor or routine maintenance such as oil changes, refueling, minor repairs and inspections, provided that such uses are conducted within enclosed buildings, and when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval and, if appropriate and necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. (7) Aircraft component design, fabrication, manufacture, and assembly, provided that such uses are conducted within enclosed buildings, and when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval. (8) Audio, radio, television video and film studios and broadcast stations.
301:224 § 301-185 ZONING AND LAND DEVELOPMENT § 301-185
(9) Business, technical and vocational schools. (10) Indoor recreational uses. (11) Food and agricultural product processing, including canning, preserving, drying and freezing. (12) Overnight and express mail package and postal sorting and distribution by surface transport. B. Special permit uses: (1) Outdoor sports facility. C. Accessory uses. Accessory uses shall include those uses customarily incidental and subordinate to and in furtherance of any of the aforementioned principal uses when located within the PIP District. Accessory uses shall be for the sole use of the employees, tenants and the business invitees to the industrial park and not for use by the general public and shall include the following: (1) Auditoriums, located within buildings housing permitted uses. (2) Day nursery or day-care centers. (3) Banks, automatic teller machines or financial institutions. (4) Restaurants, cafeterias or eating and drinking establishments located within buildings housing permitted uses. (5) Retail stores for the sale of books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, jewelry, periodicals, photo supplies, stationery and tobacco located within buildings housing permitted uses. (6) Personal service shops located within buildings housing permitted uses. (7) Health clubs or indoor recreation establishments located within buildings housing permitted uses. (8) Security, management and maintenance facilities. (9) Outdoor storage of equipment, materials or vehicles when suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval. (10) Operation, fueling, storage and maintenance of aircraft which are owned, leased or operated by an owner, lessee or operator in furtherance of and customarily incidental and subordinate to a permitted use of property within the PIP District, and further provided that such aircraft are stored or maintained within enclosed buildings, and, when not within enclosed buildings, are
301:225 § 301-185 RIVERHEAD CODE § 301-186
suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval and, when necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. Except when accessory to a principal aviation use set forth hereinabove at Subsection A(6) and (7), this accessory use shall not in its operation constitute or function primarily as an aviation activity. (11) Testing of aircraft, provided said testing is done in furtherance of and customarily incidental and subordinate to a permitted use within enclosed buildings or on the ten-thousand-foot runway and, when necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. Except when accessory to a principal aviation use set forth hereinabove at Subsection A(6) and (7), this accessory use shall not in its operation constitute or function primarily as an aviation activity.
§ 301-186. Lot, yard, bulk and height requirements. A. For planned industrial parks: (1) Minimum park area: 100 acres in contiguous parcels. (2) Minimum park width: 1,000 feet. (3) Minimum frontage on an arterial road: 400 feet. (4) Maximum floor area ratio: 0.15 in total for all buildings within the park. (5) Maximum clearance: 65% of the park area. (6) Minimum perimeter buffer. A minimum buffer shall be provided at the perimeter of the park of 100 feet in width. Such buffer shall maintain, to the maximum extent possible, existing vegetation and natural features but shall be supplemented with native vegetative species to provide adequate screening of the park from adjacent nonindustrial uses and zones. No buffer need be provided adjacent to any open space or conservation zone. B. For all permitted uses within industrial parks, except offices: (1) Minimum lot area: five acres. (2) Minimum lot width: 250 feet. (3) Minimum street frontage: 200 feet. (4) Minimum front yard depth: 75 feet. (5) Minimum side yard depth: 50 feet. 301:226 § 301-186 ZONING AND LAND DEVELOPMENT § 301-187
(6) Minimum rear yard depth: 50 feet. (7) Maximum floor area ratio: (a) For one-story buildings: 0.22. (b) For multistoried buildings: 0.30. (8) Maximum impervious surface coverage: 50% of the lot. (9) Maximum building height: 40 feet. (10) Parking. Not more than 25% of all required parking shall be located in the front yard. No parking shall be located nearer than 25 feet to any property line or street right-of-way line. All service and unloading areas shall be screened from view of streets by one or more of a combination of walls, fencing, vegetation or berms. C. For office uses: (1) Minimum lot area: three acres. (2) Minimum lot width: 250 feet. (3) Minimum street frontage: 200 feet. (4) Minimum front yard and side yards and rear yard: 50 feet. (5) Maximum floor area ratio: (a) For one-story buildings: 0.25. (b) For multistoried buildings: 0.35. (6) Maximum impervious surface coverage: 50% of the lot. (7) Maximum building height: 50 feet, except to 75 feet by special permit of the Town Board. (8) Parking. Not more than 25% of all required parking shall be located in the front yard. No parking shall be located nearer than 25 feet to any property line or street right-of-way line. All service and unloading areas shall be screened from view of streets by one or more of a combination of walls, fencing, vegetation or berms.
§ 301-187. Design standards for planned industrial parks. The following design standards shall apply to all uses within the planned industrial park: A. Land subdivision. The subdivision of lots within a CDP shall conform to those land division requirements set forth in §§ 301-289 and 301-291 of this chapter. The general lot, yard and height requirements of this district shall supersede the yard requirements set forth in § 301-291B(3) and (6) of this chapter.
301:227 § 301-187 RIVERHEAD CODE § 301-187
B. Building design. The exterior appearances of buildings shall complement the character of existing development in the surrounding area. The objective of the building design standards is to provide overall high quality and complementary design of industrial and office buildings. Special emphasis is placed upon methods that tend to reduce the large-scale visual impact of buildings and to encourage imaginative design for individual buildings. (1) Building mass. Solid and unarticulated buildings are discouraged. The mass and scale of buildings shall be reduced by staggered building walls or other architectural treatments at least every 150 feet to provide architectural interest and reduce the visual scale of a building. Buildings shall include the following elements: (a) The use of variations in height, rooflines and grade definition is encouraged to reduce the perceived height and mass of a building. (b) Building entries shall be readily identifiable through the use of canopies, marquees and architectural treatment. (c) Where possible, buildings with smaller or multiple structures instead of one large building are preferred to reduce massive appearance. (d) Clusters of mature landscaping and berms shall be provided along the building facade. The landscaping clusters shall include a variety of trees and tall shrubs. (e) Wall texture changes shall be provided. (f) Small-scale elements, such as planter walls and hedges, shall be clustered around building entrances. (2) Materials. (a) One dominant material shall be selected and used through each building on a site. (b) It is encouraged that the front and two side elevations of all buildings and/or structures be constructed of brick, architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas. (c) Roof design shall be as aesthetically pleasing as possible (e.g., color, material, grouping). (d) Glass windows or some similar architectural treatment shall occupy at least 10% of the front elevation of a building. (3) Color and texture.
301:228 § 301-187 ZONING AND LAND DEVELOPMENT § 301-189
(a) Texture patterns are encouraged to create shadow patterns which will reduce the high visibility of the building. (b) Variations in color shall be kept to a minimum. (c) Colors shall be subdued in tone. (d) Accent colors may be used to express corporate identity. (4) Location. (a) No building shall be constructed closer than 25 feet to an adjacent building. (b) Planters, walls and sign elements not exceeding six feet in height shall be permitted in yard areas. Roof overhangs may extend a maximum of six feet into setback areas. C. Pedestrian circulation. (1) On-site concrete or brick sidewalks shall be provided in planned industrial parks to create a continuous pedestrian network throughout the area. (2) Vehicular and pedestrian circulation patterns shall be separated. A landscaped area shall provide a separation between a pedestrian and vehicular path. (3) Where pedestrians and vehicle paths cross, that area shall be designated by changing pavement materials, signals, signage, pavement texture or painted stripes. (4) Secure and convenient pedestrian walkway access shall be provided from parking lots, sidewalks and primary entrances to the building. Sidewalks shall be barrier-free, a minimum of four feet in width and shall be set back a minimum of five feet from all buildings.
§ 301-188. Sign standards.84 The standards in § 301-254K shall apply to all properties in the Planned Industrial Park District.
§ 301-189. Additional requirements. A. Performance criteria. (1) All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services.
84.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:229 § 301-189 RIVERHEAD CODE § 301-189
(2) As determined by the State of New York or the County of Suffolk, any new public or private sewage treatment plant discharge shall be outside of the Core Preservation Area and shall be located north of the groundwater divide, as defined by the Suffolk County Department of Health Services, as site conditions permit. (3) All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code. (4) All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection. (5) Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act (the Rivers Act)85 and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument. (6) Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required. (7) All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes.
85.Editor's Note: See Environmental Conservation Law § 15-2701 et seq. 301:230 § 301-189 ZONING AND LAND DEVELOPMENT § 301-189
Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation. (8) Clearance. (a) No more than 65% of the PIP District shall be cleared pursuant to the Central Pine Barrens Comprehensive Land Use Plan and Article XLI, Pine Barrens Overlay District, of this chapter. The applicable clearance percentage shall be calculated over the entire parcel, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities, and shall contain calculations for the amount of disturbances of native vegetation and indicate the clearing limits thereof.86 (b) To the extent that a portion of a site includes Core property, and for the purpose of calculating the clearing limits, the site shall be construed to be the combined Core and CGA portions. However, the Core portion may not be cleared without a hardship exemption. (9) Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings. Nonnative vegetation species to be avoided are contained in Figure 5-2 of the plan. (10) Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan. (11) Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species. (12) Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%.
86.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:231 § 301-189 RIVERHEAD CODE § 301-189
Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%. (13) Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives: (a) Minimize potential impacts associated with soil erosion and resulting in sedimentation of surface waters. (b) Limit work areas to the immediate area of construction in order to minimize disruption of adjacent lands. (14) In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument. (15) Where applicable, the use of planned industrial park development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces. (16) Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time. (17) Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man- made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources. 301:232 § 301-189 ZONING AND LAND DEVELOPMENT § 301-189
(18) All commercial or industrial development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws. (19) A buffer of 1,000 feet and no more than 50% disturbance shall be permitted around breeding ponds pursuant to New York State Department of Environmental Conservation (NYSDEC) freshwater wetlands permit requirements.87 (20) The approval of the New York State Historic Preservation Office for the establishment of a site-specific protocol for either the relocation of development or the retrieval of artifacts in the event of excavation shall be obtained in order to mitigate impacts upon archaeological resources within the PIP District. (21) Any exterior changes to the following buildings in the PIP District shall require the approval of the State Historic Preservation Office as well as adhere to the Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings: (a) The Anehoic Chambet. (b) Plant 6. (c) Plant 7. (d) The Wells Cemetery. (22) The applicant shall submit a traffic study for the approval of the comprehensive development plan, which study shall identify and for which the applicant shall pay and implement measures to mitigate the impact of traffic generated by the full buildout of all development within the PIP District to the point where the effects of such buildout are comparable to future conditions without such development. Such mitigation measures shall include but not be limited to: (a) Signal, timing, geometric improvements and regulatory measures. (b) A restriction against additional vehicular access points along Seven Ponds Road. (c) The completion of off-site road improvements to be required by the New York State Department of Transportation as a function of permit review for curb cuts along New York State Route 25. (d) The geometric improvement of the intersection of Edwards Avenue and Route 25, if warranted by motor vehicle traffic generated by development in the PIP District.
87.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:233 § 301-189 RIVERHEAD CODE § 301-189
(23) Development within the PIP District shall adhere to setbacks as required in § 301-186; notwithstanding such adherence, noise emanating from the PIP District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for. Such restrictions shall not apply to aircraft noise whose flights shall be restricted to daytime hours.88 B. A land use within the Compatible Growth Area that lawfully exists at the time of the effective date of this article or any amendment thereto may be continued in its present form, except that the aforementioned standards shall apply to any change, structural alteration, expansion, restoration or modification to said land use constituting development as defined herein.
88.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:234 § 301-190 ZONING AND LAND DEVELOPMENT § 301-191
ARTICLE XL Planned Recreational Park (PRP) Zoning Use District89 [Added 9-7-1999; amended 4-7-2009 by L.L. No. 10-2009]
§ 301-190. Purpose; requirements for final approval. A. A portion of the former Naval Weapons Industrial Reserve Plant at Calverton, located in west central Riverhead, comprised primarily of runways, open land and naturally vegetated areas, is zoned Planned Recreational Park District. It is intended that the land comprising this zoning use district is to be transformed into a major regional family oriented recreational amusement park and sports venue, drawing upon the leisure and tourism market of the east end of Long Island. The purposes of such a designation are to attract private investment, increase the Town's tax base, create jobs and enhance the quality of life in the community and region. The district has good local and regional access and provides an opportunity to develop a comprehensive, attractive and uncongested environment. The district allows for the creation of a number of distinct regional, publicly accessible, destination, leisure and recreational complexes, through interrelated and mutually supporting facilities and drawing upon separate and distinct regional markets. The flexible regulatory framework provided for in the PRP District allows for innovation and maximum flexibility both in the use and design of these facilities in a single location. It also allows for a variety of activities to take place simultaneously, without generating multiple or separate vehicular trips, which, together with encouragement of access through regional public transportation networks and a pedestrian and bicycle orientation, reduces vehicular trips and energy requirements. A single set of development and design requirements is imposed for the district as a whole. B. In addition to the standards and regulations required for site plan approval pursuant to Article LVI, Site Plan Review, of this chapter, the following shall be required to be submitted for final approval: a detailed design vocabulary for all subsequent development within the PRP District, including exterior building materials and glass; plant material and landscaping palette; architectural guidelines for style, size and height of buildings; and conservation and resource management measures.
§ 301-191. Uses; lot, yard, bulk and height requirements. A. Permitted uses: (1) Outdoor or indoor concert, live performance or entertainment facilities, stadiums and arenas, including: (a) Theaters for live performances.
89.Editor's Note: Original Art. XL, Industrial C District (Tourist Destination), of the 1976 Code, added 5-5-1998, was repealed 7-20-1999 by Res. No. 674-1999. 301:235 § 301-191 RIVERHEAD CODE § 301-191
(b) Indoor or outdoor performance and concert facilities. (c) Movie theaters, not including drive-in theaters. (d) Theme parks. (e) Discotheques and nightclubs. (2) Lodging facilities, including: (a) Cabins and cottages, for transient lodging (time shares and fractional ownership). (b) Bed-and-breakfasts and country inns. (c) Hotels. (d) Hotel conference centers. (e) Recreational vehicle parks. (f) Campgrounds. (3) Sporting uses and sports facilities, including: (a) Sports arenas, or indoor or outdoor courts or playing fields, or facilities for boxing, basketball, baseball, cycling, football, hockey, ice skating, skiing, soccer, tennis, bowling, archery, horseback riding or other sports. (b) Stadiums. (c) Racetracks for horses, automobiles or motorcycles. (d) Boat or canoe rental facilities and fishing piers. (e) Hiking, nature trails, and bridle paths. (f) Canoeing and kayaking. (g) Fishing. (h) Community or public park golf uses, including: [1] Pitch-and-putt or miniature golf courses. [2] Public or private golf driving ranges, practice facilities or public or private eighteen-hole golf courses, including executive, regulation or par three. [3] Golf course resort. (4) Sports instructional academies, schools, camps or facilities, including: (a) Aviation clubs or schools.
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(b) Martial arts schools or facilities. (c) Equestrian arenas, schools or facilities or riding academies and riding stables. (d) Scuba and skindiving facilities and instruction. (e) Golf instruction schools. (f) Dance studios. (5) Exposition and exhibition facilities, including: (a) Animal exhibits. (b) Botanical gardens and arboreta. (c) Cable car operators. (d) Museums and art galleries. (e) Planetarium. (f) Scenic railroads. (g) Sports museums or halls of fame. (h) Rodeos. (i) Zoological gardens, but not aquariums. (j) Farmers markets, arts and crafts markets, carnival or festival markets. (k) Auction houses. (6) Health spas and health-related facilities, including: (a) Health clubs and gymnasiums. (b) Health spas. (c) Wellness center. B. Accessory uses. As defined in § 301-3 herein, including, but not limited to: (1) Incidental, ancillary and subordinate retail facilities, incidental, ancillary and subordinate restaurant, cafeteria, catering facilities, eating or drinking establishments. (2) Automatic teller machines. (3) Bus or transit stops or stations. (4) First aid stations and other emergency services.
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(5) Infrastructural facilities such as repair and maintenance or power- generating facilities. (6) Off-street parking and loading facilities. (7) Parks, open space and picnic areas. (8) Security and management facilities. (9) Conference facilities, meeting rooms and ballrooms. C. General lot, yard and height requirements for the PRP District: (1) Maximum floor area ratio: 0.20 in total for all buildings within the PRP District. (2) Maximum vegetation clearing, as set forth in Article XLI, Pine Barrens Overlay District, of this chapter. To the extent that a portion of a site includes core property, and for the purpose of calculating the clearing limits, the site shall be construed to be the combined Core and CGA portions. However, the Core portion may not be cleared without a hardship exemption. (3) Maximum impervious surface coverage: 50%. (4) Maximum height: (a) Two stories for bed-and-breakfasts and country inns. (b) Six stories or 75 feet, whichever is greater, for exposition and exhibition facilities, water parks, theme park buildings, hotels, time shares and fractional ownership. (c) One hundred twenty feet for all other structures, including theme rides, outdoor stadiums, indoor sports arenas, provided that a setback of at least three feet for every one foot in vertical height above 40 feet is provided from the perimeter boundary of the district. (d) Forty feet for all other uses. (5) Minimum tract size for golf courses: 140 acres and 300 acres for golf course resorts.
§ 301-192. Development standards. A. Building and site design and layout. The location and layout of buildings, structures, parking areas, open spaces and other built elements shall be designed so as to provide an aesthetically vibrant, attractive and recreationally oriented environment. An emphasis on creative and innovative designs, colors, textures, materials, building shapes, massing and arrangements is encouraged. A focus on a particular design theme or overall organizing architectural concept is encouraged. While uniformity and bland design are specifically
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discouraged, measures to ensure harmony and continuity in architectural and landscape design between uses is emphasized. In addition, a great diversity in uses is encouraged in order to provide as wide an array of attractions and facilities as possible. Flexibility in location, size and type of buildings and structures has been provided with the specific purposes of encouraging creativity and the accomplishment of innovative and unique designs. Replication of designs from regional or national amusement parks, attractions or commercial recreation chains or franchises that already exist elsewhere in the state, region or country is specifically discouraged. B. Signs. The standards in § 301-254L shall apply to all properties in the PRP District.90 C. Exterior lighting. The design and use of materials for exterior lighting along those portions of the primary roads which abut the PRP District and along all arterial roads within the PRP District shall be of uniform design. Uniformly designed exterior lighting shall be provided for all pedestrian pathways, bikeways and parking areas along such primary roadways and arterial roads linking the lots. Such lighting shall also be provided in accordance with Engineering Society illuminating standards and shall be installed by the developer at his or her expense. Pedestrian pathways throughout the PRP District, around buildings and across access or service roads or driveways shall be lighted to clearly identify their location. The design of lighting poles, fixtures and the spacing and height of lighting poles shall be uniform throughout the PRP District. Directional lighting shall be arranged so as to minimize glare and reflection on properties adjacent to the PRP District and across property line boundaries. All exterior lighting shall comply with Article XLIX, Exterior Lighting, of this chapter. D. Pedestrian pathways and bikeways. There shall be sidewalks or pedestrian pathways and bicycle paths provided throughout the PRP District, except where the retention of the natural vegetation is encouraged or required. The types of material used for pedestrian pathways and bikeways, including pavement, curbs, planting and protective barriers, shall be uniform throughout the PRP District. The width of such pedestrian pathways need not be uniform but shall vary according to their use and the amount of pedestrian traffic anticipated to utilize them. Pedestrian pathways and bikeways shall, wherever possible, be separated from vehicular circulation and streets within the PRP District. Stubbed pathways at the boundaries of developed properties shall be encouraged in order to permit linkage to subsequent developers. Subsequent developers shall provide pedestrian pathway and bikeway links to those paths already developed or approved, so as to provide a continuous and interconnecting pedestrian pathway and bikeway system throughout the district. Pedestrian paths shall not be less than five feet in width and, where used as a jogging path or
90.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:239 § 301-192 RIVERHEAD CODE § 301-192
bikeway in addition to a pedestrian pathway, shall not be less than eight feet in width. E. Common open space. Open space areas within the PRP District, particularly those areas where vegetation has not been cleared pursuant to meeting the requirement of clearing a maximum of 65% of vegetation within the Pine Barrens Compatible Growth Area, shall be so designed and used as to protect the natural resources and qualities of the site, including the natural terrain, woodland, significant views and any unique and unusual features. The following regulations shall apply to these areas: (1) Clearing of brush and dead timber shall be required where necessary to eliminate fire hazards. (2) Manual clearing of obstruction or jams from streams or waterways shall be required where necessary to ensure unimpeded flow, provided that no channelization shall be permitted. (3) Hiking, jogging and bridle paths, utilizing natural ground surfacing such as stone or wood chips, may be constructed and maintained unless otherwise prohibited by Town or state law. (4) Open space which is in a natural state shall otherwise be maintained undisturbed in its natural state. No garbage debris shall be permitted to accumulate except vegetation clipping properly maintained as compost heaps. (5) Passive recreational use of open space natural areas shall be restricted to hiking, jogging, bicycling, fishing, bird-watching, horseback riding and canoeing or kayaking. F. Landscaping. Shade trees shall be provided along roads, walkways and parking areas. Landscaped buffers or vegetative screening shall be provided around all parking, utility, refuse disposal areas and wherever else the Town Board deems necessary to screen visually objectionable features. Landscaping shall be provided in all areas which contain neither buildings, paved surfaces or undisturbed naturally vegetated areas, including all public areas and around buildings. The landscaping plan shall provide for a variety and mixture of plant materials taking into consideration their susceptibility to disease, colors by season, textures, shapes, blossoms and foliage. G. PRP roadways. (1) For the purposes of the PRP District, Grumman Boulevard/Swan Pond Road and State Route 25 (Middle Country Road) are designated as the primary access roads to the PRP. (2) Arterial roads shall be provided within the PRP District to provide access from properties within the PRP District to Grumman Boulevard/Swan Pond Road and/or State Route 25 (Middle Country
301:240 § 301-192 ZONING AND LAND DEVELOPMENT § 301-192
Road). Such arterial roads shall be located in such a manner as to provide safe, convenient and direct access from such primary roads to each/all properties, without unduly interfering with traffic entering or exiting or creating congestion at any of the access points along the primary access roads. All arterial roads shall be built to public road specifications and be open to the public at all times. Public access to nonarterial roads may be controlled by the property owner. Collector and access roads within each property may be either public or private streets. All roads shall have sufficient right-of-way and road width to accommodate traffic generated at the 30th highest peak hour of the year, taking into account the accumulated peak traffic of simultaneously operating planned recreational park facilities. The cost of providing and improving all roadways shall be the responsibility of the developers. The utilization of private vehicles as a primary means of transportation within the PRP District and for traveling from one property or amenity within the district to another is strongly discouraged. A parking plan which utilizes some form of public shuttle or transit system is strongly encouraged, as are walking or cycling pedestrian pathways and bikeways. H. Materials, equipment and utilities. All materials and equipment, and utilities such as refuse containers, electrical substations, and outdoor mechanical areas, shall either be stored in a completely enclosed building or screened by means of a fence, wall, planting, landscaped berm or other suitable means. I. Parking and loading. (1) Required parking and loading space shall be provided within the same parcel of land as the building or facility serviced, unless one or more collective shared off-street parking facilities are provided which are reasonably proximate to the facilities they serve, or where some form of frequently running, free shuttle service is provided. The use of shared and collective parking areas is encouraged, particularly where events and operations can be staged or scheduled in a manner so that the peak parking demands for the facilities so served do not coincide. The Town Board may also permit a portion of the proposed parking and loading areas to remain unpaved but landscaped where it believes, or where credible evidence is presented, that more parking spaces than reasonably required for the proposed use or uses will be provided. If conditions change and additional parking is warranted, the Town Board or its designated agent identified at the time of approval may require such an unpaved area to be paved. Such permission to defer paving of parking and loading spaces shall be predicated upon the applicant filing with the Town Board and Town Clerk and recording at the Suffolk County Recording Office deed restrictions or covenants and restrictions drafted in a manner satisfactory to
301:241 § 301-192 RIVERHEAD CODE § 301-193
the Town Attorney, ensuring that the land will be used either as open space or parking. (2) All off-street parking and loading areas shall be bordered by vegetative screening or landscaped areas containing trees, shrubs and/or landscaped berms to shield automobiles from view. Wherever feasible, the Planning Board shall require that at least 10% of the total parking lot area be used for interior landscaping, to include trees and shrubs. Interior landscaping shall be distributed throughout all parking lots in planting islands to provide the maximum shade and buffer from noise and glare. At least one deciduous tree for every 20 spaces shall be required within the parking lot. (3) To the maximum extent possible, loading areas shall not be located within any front yard setback area and shall be placed at such locations so as to minimize their visibility to the public and to be provided access separate from parking areas and driveways used by the public. J. Emergency equipment. All buildings, structures and open spaces accessible to the public shall be accessible to emergency vehicles. Wherever a building or structure exceeds a height of 40 feet, a roadway or other suitable surface capable of supporting heavy emergency equipment shall be located 20 feet from the base.
§ 301-193. Additional performance criteria. A. All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services. B. As determined by the State of New York or the County of Suffolk, any new public or private sewage treatment plant discharge shall be outside of the Core Preservation Area and shall be located north of the groundwater divide, as defined by the Suffolk County Department of Health Services, as site conditions permit.
C. All development shall comply with the provisions of Articles 7 and 12 of the Suffolk County Sanitary Code. D. All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection. E. Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational
301:242 § 301-193 ZONING AND LAND DEVELOPMENT § 301-193
Rivers Act (the Rivers Act)91 and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument. F. Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required. G. All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are constructed merely for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation and the provisions of the Town Code of the Town of Riverhead. H. Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings. Nonnative vegetation species to be avoided are contained in Figure 5-2 of the plan. I. Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan. J. Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed
91.Editor's Note: See Environmental Conservation Law, § 15-2701 et seq. 301:243 § 301-193 RIVERHEAD CODE § 301-193
endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species. K. Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%. L. Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives: (1) Minimize potential impacts associated with soil erosion and resulting in sedimentation of surface waters. (2) Limit work areas to the immediate areas of construction in order to minimize disruption of adjacent lands. M. In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument. N. Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time. O. Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources.
301:244 § 301-193 ZONING AND LAND DEVELOPMENT § 301-193
P. All development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws. Q. All development shall comply with the applicable provisions of the New York State Environmental Conservation Law and all other applicable federal, state or local laws regulating the environment. R. The approval of the New York State Historic Preservation Office for the establishment of a site-specific protocol for either the relocation of development or the retrieval of artifacts in the event of excavation shall be obtained in order to mitigate impacts upon archaeological resources within the PRP District. S. The applicant shall submit a traffic study for the approval of the comprehensive development plan, which study shall identify and for which the applicant shall pay and implement measures to mitigate the impact of traffic generated by the full buildout of all development within the PRP District to the point where the effects of such buildout are comparable to future conditions without such development. Such mitigation measures shall include but not be limited to: (1) Signal, timing, geometric improvements and regulatory measures. (2) A restriction against additional vehicular access points along Swan Pond Road. (3) The completion of off-site road improvements to be required by the New York Department of Transportation as a function of permit review for curb cuts along New York State Route 25. (4) The geometric improvement of the intersection of Edwards Avenue and Route 25, if warranted by motor vehicle traffic generated by development in the PRP District. T. Development within the PRP District shall adhere to setbacks as required; notwithstanding such adherence, noise emanating from the PRP District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for. Such restrictions shall not apply to aircraft noise whose flights shall be restricted to daytime hours.92
92.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:245
§ 301-194 ZONING AND LAND DEVELOPMENT § 301-194
ARTICLE XLI Pine Barrens Overlay District [Added 5-7-1996; amended 5-20-1997; 9-16-1998; 4-15-2003 by L.L. No. 4-2003]
§ 301-194. Findings; intent; purpose. [Amended 7-9-2009 by L.L. No. 38-2009] A. This Town Board finds and determines that the provisions of the Pine Barrens Overlay District were designed, in part, to protect the Pine Barrens Core and Compatible Growth Areas. This Town Board further finds that the provisions of the Pine Barrens Overlay District regarding land clearing must be clarified to insure that contiguous areas of land remain undisturbed to both protect habitats and to insure the continued proliferation of flora and fauna in the area. This Town Board further determines that the needed clarification must be adopted before ownership of the affected lands pass from the Town of Riverhead to forestall any dispute over the intended meaning of the land clearing provisions. This Town Board further finds and determines that the Long Island Pine Barrens Protection Act enacted by the State Legislature in 1993 recognized that the towns within the Pine Barrens region are the natural guardians of the unique Pine Barrens land within the Town's jurisdiction through the exercise of their accepted zoning powers. Therefore, it is the intent of this article to enact certain clarifications of existing provisions to insure that the safeguards that the Town of Riverhead intended to impose regarding land clearing are observed. B. In 1993, New York State adopted § 57-0119 of the Environmental Conservation Law ("ECL"), entitled "Central Pine Barrens Joint Planning and Policy Commission." This Commission consists of five voting members: a member appointed by the Governor, the County Executive of Suffolk County and the Supervisors of the Towns of Riverhead, Brookhaven and Southampton. This Commission was formed to implement, manage and oversee land use within the Central Pine Barrens Area on Long Island. ECL § 57-0119, Subdivision 6(a), gives the Commission the power to prepare, adopt and ensure implementation of the Comprehensive Land Use Plan. ECL Article 57 recognizes the importance of the three local towns in regulating the implementation of the plan within the Central Pine Barrens Region. The authority to establish a Comprehensive Land Use Plan is contained in ECL § 57-0121. In conformance with ECL Article 57 and the Comprehensive Land Use Plan, the Town Board of the Town of Riverhead enacted this Article XLI of the Town Code of the Town of Riverhead, entitled "Pine Barrens Overlay District." The intention of the original legislation adopted in 1995 and the resulting plan was that the local Planning Board and zoning powers and authority to regulate land uses by local municipalities within the Central Pine Barrens Area would not be affected by said legislation and plan.93
301:247 § 301-194 RIVERHEAD CODE § 301-194
C. It is the purpose of this article to provide consistency with the goals of the Central Pine Barrens Comprehensive Land Use Plan adopted by the Town Board on June 28, 1995, pursuant to the provisions of Article 57 of the New York State Environmental Conservation Law, as follows: (1) To protect, preserve and enhance the functional integrity of the pine barrens ecosystem and the significant natural resources thereof. (2) To protect the quality of surface water and groundwater. (3) To discourage piecemeal and scattered development, and to encourage the preservation of contiguous areas of open space and nondisturbed areas to the greatest extent practicable. (4) To promote active and passive recreational and environmental educational uses that are consistent with the Land Use Plan. (5) To accommodate development in a manner consistent with the long-term integrity of the pine barrens ecosystem and to ensure that the pattern of development is efficient and orderly. (6) To protect the pine barrens ecosystem from illegal activity within the boundaries of the Central Pine Barrens Area, in particular clearing of large tracts of land without the necessary approvals. D. The particular objectives for land use with respect to the Central Pine Barrens Core Preservation Area include: (1) Preserving the pine barrens in their natural state, thereby ensuring the continuation of the unique and significant ecologic, hydrogeologic and other resources representative of such environments. (2) Promoting compatible agricultural, horticultural and open space recreational uses within the framework of maintaining a pine barrens environment and minimizing the impact of such activities thereon. (3) Prohibiting or redirecting new construction or development. (4) Accommodating specific pine barrens management practices, such as prescribed burning, necessary to maintain the special ecology of the preservation area. (5) Protecting and preserving the quality of surface water and groundwater. (6) Protecting the pine barrens ecosystem from illegal activity within the boundaries of the Central Pine Barrens Area, in particular clearing of large tracts of land without the necessary approvals.
93.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:248 § 301-194 ZONING AND LAND DEVELOPMENT § 301-195
E. The particular objectives for land use with respect to the Central Pine Barrens Compatible Growth Area include: (1) Preserving and maintaining the essential character of the existing pine barrens environment, including plant and animal species indigenous thereto and habitats thereof. (2) Protecting the quality of surface water and groundwater. (3) Discouraging piecemeal and scattered development. (4) Encouraging appropriate patterns or compatible residential, commercial, agricultural and industrial development in order to accommodate regional growth influences in an orderly way while protecting the pine barrens environment from the individual and cumulative adverse impacts thereof. (5) Accommodating a portion of the development redirected from the Core Preservation Area. (6) Allowing appropriate growth consistent with stated natural resource goals. (7) Protecting the pine barrens ecosystem from illegal activity within the boundaries of the Central Pine Barrens Area, in particular clearing of large tracts of land without the necessary approvals. F. Although each of the zoning codes of the respective three towns contains penalty provisions for violations of the Code, no specific provisions are included for violations of regulations within the Central Pine Barrens Area. Article 57 of the ECL does not specifically provide for an enforcement or penalty provision. The Towns of Riverhead, Brookhaven and Southampton desire to discourage and prevent unauthorized and illegal land clearing activities, illegal dumping and other unauthorized uses within the core area and the compatible growth area of the Long Island Central Pine Barrens Region. Any amendment to Article 57 of the ECL should be consistent with existing code enforcement provisions in each of the three towns. G. This article, in addition to the purposes outlined above, is necessary to raise the potential penalties under the authority of the respective Town codes for unauthorized and illegal land clearing activities, as well as provide enforcement of other provisions of the respective Town code regarding the Long Island Central Pine Barrens Region.
§ 301-195. Applicability. A. The provisions of this article shall apply to those lands in Town located within the boundaries of the Central Pine Barrens Area as defined in § 57-0107, Subdivision 10, of the New York State Environmental Conservation Law, as the same may be amended from time to time.
301:249 § 301-195 RIVERHEAD CODE § 301-197
B. While the fine amounts set forth herein are significant, they are not out of proportion to the nature of the violation. Violations occurring within the Central Pine Barrens Area may threaten groundwater and the endangered and threatened plants and animals found within the Central Pine Barrens. Through the enactment of Article 57 of the ECL, the State Legislature has seen fit to protect this environmentally sensitive area. This article is adopted pursuant to the home rule authorization found within § 10, Subdivision 4(b), of the Municipal Home Rule Law and is intended to supersede § 268 of the Town Law.94
§ 301-196. Development within Core Preservation Area. A. Development within the Core Preservation Area shall be prohibited unless a hardship exemption is issued by the Central Pine Barrens Joint Planning and Policy Commission pursuant to § 57-0121 of the New York State Environmental Conservation Law. Land uses which do not constitute development may be permitted, provided that the use compiles with all other applicable provisions of this chapter. B. Notwithstanding the provisions of the aforementioned Subsection A, any legally existing, expanded or new activity involving agricultural or horticultural production may be permitted in the Core Preservation Area, provided that the agricultural or horticultural production does not involve the material alteration of native vegetation and that the land use complies with all other applicable provisions of this chapter. The erection of accessory agricultural or horticultural buildings or structures required for agricultural or horticultural production may be permitted, provided that said buildings or structures comply with all other applicable provisions of this chapter. Uses, buildings or structures that require the material alteration of native vegetation shall be prohibited as provided in Subsection A of this section. C. A land use in the Core Preservation Area that lawfully exists at the effective date of this article or any amendment thereto may be continued in its present form except that the aforementioned Subsections A and B shall apply to any change, alteration, expansion, restoration or modification to said land use constituting development as defined herein.
§ 301-197. Development within Compatible Growth Area. A. Development within the Compatible Growth Area (CGA) shall comply with the following standards: [Amended 7-19-2005 by L.L. No. 24-2005; 7-9-2009 by L.L. No. 38-2009]
94.Editor's Note: Original § 108-177 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage. 301:250 § 301-197 ZONING AND LAND DEVELOPMENT § 301-197
(1) All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services. (2) As determined by the State of New York or the County of Suffolk, any new public or private sewage treatment plant discharge shall be outside of the Core Preservation Area and shall be located north of the groundwater divide, as defined by the Suffolk County Department of Health Services, as site conditions permit. (3) All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code. (4) All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection. (5) Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act (the Rivers Act) and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument. (6) Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required. (7) All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include
301:251 § 301-197 RIVERHEAD CODE § 301-197
the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation. (8) Clearing. (a) The proposed disturbance to natural vegetation, combined with previously disturbed areas, shall conform to the following clearing standards: Maximum Clearing
Zoning Use District (percentage) RB80 53% APZ 53% Ind A 65% Ind C 65% BUS CR 65% Property within EPCAL, LI, In conformance with map filed PIP, CO and PRP Districts in the Department of Planning, as set forth in Subsection A(8)(d) hereinafter95
(b) The applicable clearing percentage shall be calculated over the area of the entire parcel, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities and shall contain calculations for the amount of disturbance of native vegetation and indicate the clearing limits thereof. (c) To the extent that a portion of a site includes Core property, and for the purpose of calculating the clearing limits, the site shall be construed to be the combined Core and CGA portions. However, the Core portion may not be cleared without a hardship exemption. (d) A map of the portion of Pine Barrens Overlay District within the fence line of the former Grumman facility now known as "EPCAL" shall be adopted designating those areas of the EPCAL site where land clearing is prohibited. The areas where
95.Editor's Note: The map is included as an attachment to this chapter. 301:252 § 301-197 ZONING AND LAND DEVELOPMENT § 301-197
land clearing is prohibited shall constitute 35% of the overall site. Those areas contained on said map where land clearing is not prohibited may be cleared. The map may be modified from time to time by local law of the Town Board. (e) Land subdivision maps and site plans outside of the EPCAL site shall also be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings. Nonnative vegetation species to be avoided are contained in Figure 5-2 of the Central Suffolk Pine Barrens Comprehensive Plan. (9) Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan. (10) Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species. (11) Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%. (12) In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument. (13) Where applicable, the use of a planned residential development or use of cluster design pursuant to Article LIV, Cluster Development,
301:253 § 301-197 RIVERHEAD CODE § 301-197
of this chapter shall be encouraged to preserve open space. Further, the use of planned industrial park development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces. (14) Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time. (15) Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man- made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources. (16) All commercial or industrial development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws. B. A land use within the Compatible Growth Area that lawfully exists at the time of the effective date of this article or any amendment thereto may be continued in its present form except that the aforementioned standards shall apply to any change, structural alteration, expansion, restoration or modification to said land use constituting development as defined herein. C. Those economic development activities to occur upon those lands within the two-thousand-nine-hundred-acre tract of the Calverton Naval Weapons Industrial Reserve Plant as contemplated by Public Law 103-c337 (Suffolk County Tax Map parcels 0600-135-1-2, 0600-135-1-6 and 0600-135-1-7), the plan and its attending generic environmental impact statement shall not constitute development as defined by § 57-0107, Subdivision 13(i), of the New York State Environmental Conservation Law and by this article. D. Penalties for offenses. (1) In addition to the penalties provided for elsewhere in this chapter, any person or entity who shall violate any of the provisions here shall restore the subject premises or property or shall undertake any necessary remedial action, including but not limited to the 301:254 § 301-197 ZONING AND LAND DEVELOPMENT § 301-198
posting of a performance and maintenance bond, as required by the Town Board in order to bring the subject premises into conformance with the requirements of this chapter and the Central Pine Barrens Comprehensive Land Use Plan or any permit, covenant or condition issued thereto. (2) Any person or entity who shall violate any of the provisions contained in this chapter or the Central Pine Barrens Comprehensive Land Use Plan or any permit covenant or condition issued pursuant thereto shall be guilty of a violation of such, which shall be punishable by a fine not to exceed $25,000 or not more than one year in jail for violations occurring on premises or property located within the Core Preservation Area or $10,000 or not more than one year in jail for violations occurring on premises or property located within the Compatible Growth Area, and an additional fine of $1,000 per day in both areas for each day that such violation continues. A violation of this section shall be classified as an unclassified misdemeanor. (3) Any fines or penalties collected pursuant this chapter for violations of the provisions of the Town Code relating to the Pine Barrens Overlay District, when paid over to the Town, shall be maintained in a segregated account to be used exclusively for the continuation of the protection, preservation, enhancement and/or restoration of the natural resources and ecosystems of the Central Pine Barrens Region. (4) Where authorized by a duly adopted resolution of the Town Board, the Town Attorney shall bring and maintain a civil proceeding, in the name of the Town in the Supreme Court, pursuant to Town Law § 268, to enjoin the person or persons conducting or permitting any violation of this article for further conducting or permitting said violation.
§ 301-198. Transfer of development rights; Pine Barrens credit program. A. It is the purpose of the Pine Barrens credit program to provide for the preservation of land within the Core Preservation Area while maintaining the value of those lands by providing for the transfer of Pine Barrens credits. Development rights shall be transferable from the Core Preservation Area to approved receiving sites outside the Core Preservation Area pursuant to Article XLII, Transfer of Development Rights, of this chapter, and the transfer of development rights standards of Article 6 of the Suffolk County Sanitary Code. Additionally, a landowner must obtain a Pine Barrens credit certificate from the Pine Barrens Credit Clearinghouse (the "Clearinghouse") as set forth in the plan, which Pine Barrens credit may be sold or used in accordance with the procedures set forth in this chapter. B. General regulations.
301:255 § 301-198 RIVERHEAD CODE § 301-198
(1) Pine Barrens credits, or fractions thereof, shall be allocated for each parcel of land established as a separate tax lot as of the effective date of this chapter. (2) Pine Barrens credits shall be allocated for each single-family dwelling permitted on a parcel of land based upon the development yield established by multiplying the gross lot area (acres) of the parcel by the following development yield factor, such factor predicated upon that zoning use district in existence upon the adoption of the plan in June 1995. A fractional allocation of a Pine Barrens credit shall be rounded to the nearest one-hundredth of a Pine Barrens credit. [Amended 7-19-2005 by L.L. No. 23-2005] Minimum Lot Area Development Yield Zoning Use District (square feet) Factor Natural Resources 160,000 0.20 Protection
(3) One nonresidential Pine Barrens credit shall be allocated for each acre or gross lot area of real property within the Open Space Conservation Zoning Use District. A fractional allocation of a Pine Barrens credit shall be rounded to the nearest one-hundredth of a Pine Barrens credit.96 (4) Notwithstanding the aforementioned provisions, the Planning Board, upon the written request of the landowner, and subject to prior approval by the Commission, may elect to increase the allocation of Pine Barrens credits for a parcel of land if it can be demonstrated to the satisfaction of the Planning Board that the potential development yield of the property, pursuant to Article LIII, Subdivision Regulations, § 301-285, is greater than the yield set forth herein. (5) No Pine Barrens credit shall be allocated for property owned or held by a public agency, municipal corporation or governmental subdivision, including property held by reason of tax default. (6) No Pine Barrens credit shall be allocated for property for which the development rights have previously been used or acquired, nor for lands which are encumbered by easement, covenant or other deed restriction for the purpose of land protection, preservation or conservation. (7) No Pine Barrens credits may be transferred into the Core Preservation Area. Pine Barrens credits originating in the Core Preservation Area may be transferred out of the Central Pine Barrens Area pursuant to the establishment of receiving areas.
96.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:256 § 301-198 ZONING AND LAND DEVELOPMENT § 301-198
Pine Barrens credits shall not originate from lands within the Compatible Growth Area.
301:257
§ 301-199 ZONING AND LAND DEVELOPMENT § 301-203
ARTICLE XLII Transfer of Development Rights [Added 8-7-2018 by L.L. No. 15-201897]
§ 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 preservation of agricultural lands, the support of the existing agricultural industry, and the necessary and appropriate economic development of the community.
§ 301-202. Transfer of development rights map. 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.
97.Editor's Note: This local law superseded former Art. XLII, Transfer of Development Rights, added 4-19-2005 by L.L. No. 12-2005, as amended, consisting of §§ 301-199 to 301-210. 301:259 § 301-203 RIVERHEAD CODE § 301-205
(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 or agency thereof having jurisdiction to approve permissible development within the district. (2) That the receiving district is consistent with a Comprehensive Plan pursuant to § 272-a of the Town Law. (3) That the rules and regulations promulgated pursuant to the State Environmental Quality Review Act (SEQRA) have been complied with.
§ 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 mapped 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.
301:260 § 301-205 ZONING AND LAND DEVELOPMENT § 301-207
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 by a company licensed to do business in the County of 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. 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.
301:261 § 301-207 RIVERHEAD CODE § 301-208
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 development yield 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 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 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 retiring of 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
301:262 § 301-208 ZONING AND LAND DEVELOPMENT § 301-208
and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits. 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 (Retirement Community), 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 (CRC) 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 retiring of 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
301:263 § 301-208 RIVERHEAD CODE § 301-210
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 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 recording of appropriate easements. B. Keep records of, retain and catalog both issued and redeemed preservation credits certificates in a own-managedT 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.
§ 301-210. Commercial site plan administration. [Added 5-7-2019 by L.L. No. 11-2019] The agency responsible for commercial site plan approval shall be the administrator for application of preservation certificates on commercial site plan applications as follows: A. In the event that preservation credit certificates are to be applied to commercial development as set forth in this chapter, the agency
301:264 § 301-210 ZONING AND LAND DEVELOPMENT § 301-210
responsible for commercial site plan approval shall have the authority to vary the development standards set forth in this chapter, including, but not limited to, parking, floor area ratio and lot coverage requirements. The agency responsible for commercial site plan approval shall utilize the standards set forth in § 267-b of the Town Law of the State of New York in determining whether to vary development standards as set forth herein. B. This § 301-210 is adopted pursuant to the Municipal Home Rule Law of the State of New York and is expressly intended to supersede the provisions of Town Law § 267-b and § 105-8 of the Town Code of the Town of Riverhead.
301:265
§ 301-211 ZONING AND LAND DEVELOPMENT § 301-212
ARTICLE XLIII Empire Zone [Added 9-29-1997 by L.L. No. 12-1997; amended 10-21-2003 by L.L. No. 20-2003]
§ 301-211. Purpose. [Amended 7-18-2006 by L.L. No. 23-200698] A. Cognizant of the existence within this state of certain areas characterized by persistent and pervasive poverty, high unemployment, limited job creation, dependence on public assistance income, dilapidated and abandoned industrial and commercial facilities and a shrinking tax base, the State Legislature has enacted a law known as the "New York State Empire Zones Act." The purpose of this Act is to allow government to target for these areas extraordinary economic and human resource development programs in order to stimulate private investment, private business development and job creation. Under the Act, special incentives and assistance are available that will promote the development of new businesses, the expansion of existing businesses and the development of human resources within areas that are designated by the New York State Commissioner of Economic Development as an Empire Zone. B. In 1996, in response to military base closures and realignments and the loss of jobs at defense contractor facilities around the state, the Governor and the State Legislature amended the Empire Zone statute to allow for the designation of a new round of Empire Zones. Specifically, General Municipal Law § 960, Subdivision (b)(v), was amended to allow for the designation of not more than seven Empire Zones, "each which shall contain a defense or military base or facility which has been designated for closure or realignment or a site currently or formerly owned or operated by either the (1) United States military or (2) a defense contractor whose employment in New York State was adversely affected by a reduction in military spending." C. This article is required to permit the Town of Riverhead, in cooperation with the County of Suffolk, to prepare and submit to the New York State Commissioner of Economic Development an application for redesignation of the Town of Riverhead as an Empire Zone and to permit the execution of any documents necessary to effectuate the purposes of this article. It is the intent of this article to provide the incentive necessary to attract private business and industry to the proposed Empire Zone, as further described herein below, and to maintain the connection between such growth and the human resources base of the community within said zone.
98.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:267 § 301-212 RIVERHEAD CODE § 301-215
§ 301-212. Designation of Empire Zone plan and boundaries. [Amended 12-28-2005 by L.L. No. 54-2005; 11-5-2009 by L.L. No. 58-200999] The Empire Zone is described by Geographic Information System, NYS SPF North American Datum 1983 coordinates, Suffolk County Tax Map numbers or metes and bounds as set forth in descriptions on file in the Town offices and includes the following subzones in the Town of Riverhead: A. Calverton Property (EPCAL Subzone Area 1). B. Downtown Riverhead Properties (Downtown Subzone Areas 2 and 3).
§ 301-213. Designation and powers of Empire Zone Certifying Officer. [Amended 12-28-2005 by L.L. No. 54-2005] The Certifying Officer of the Empire Zone in the Town of Riverhead shall be the Town Attorney, with such powers as provided in the statute.
§ 301-214. Real property tax exemption. [Amended 12-28-2005 by L.L. No. 54-2005100] The provisions of Real Property Tax Law § 485-e are deemed incorporated herein and made applicable to this Empire Zone.
§ 301-215. Allowance for inclusion of regionally significant projects. [Added 11-8-2006 by L.L. No. 44-2006] A. In 2005, New York State amended the Empire Zone Program to include specific projects deemed as "regionally significant projects." "Regionally significant projects" are defined as company and site- specific projects located outside the existing zone boundaries of 1,280 acres/credits and must meet the criteria of § 957, Subdivision (d), of the New York General Municipal Law. B. The following projects have been determined as eligible regionally significant project designated areas: (1) Telephonics Corporation, located at 789 Park Avenue, Huntington, New York, more particularly described as Suffolk County Tax Map No. 0400-104.04-01.00-110.000; (2) US Web, Inc., located at 780 Park Avenue, Huntington, New York, more particularly described as Suffolk County Tax Map No. 0400-104.00-01.00-050.000; (3) Blue & White Foods, LLC, located at 535, 525 and 515 Smith Street, Farmingdale, New York, more particularly described as
99.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 100.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:268 § 301-215 ZONING AND LAND DEVELOPMENT § 301-215
Suffolk County Tax Map No. 0100-6-1-14, 0100-6-1-13 and 0100-6-1-15; [Added 3-6-2007 by L.L. No. 5-2007; amended 5-1-2007 by L.L. No. 13-2007] (4) Custom Woodwork, LTD., dba Heritage Wide Plank Flooring and Renaissance Woodworking, located at 713-817 Pulaski Street, Riverhead, New York, more particularly described as Suffolk County Tax Map No. 600-124-02-24; [Added 3-6-2007 by L.L. No. 5-2007] (5) C & N Packaging, Inc., located at 105 Wyandanch Avenue, Wyandanch, New York, more particularly described as Suffolk County Tax Map No. 0100-080.00-02.00-119.009; and [Added 3-6-2007 by L.L. No. 5-2007; amended 5-1-2007 by L.L. No. 13-2007] (6) Air Techniques, Inc., located at 1295 Walt Whitman Road, Melville, New York, more particularly described as Suffolk County Tax Map No. 0400-255.00-01.00-002.005. [Added 3-6-2007 by L.L. No. 5-2007]
301:269
§ 301-216 ZONING AND LAND DEVELOPMENT § 301-217
ARTICLE XLIV Business Improvement District [Adopted 9-4-1990 by L.L. No. 1-1990; amended 4-2-1991 by L.L. No. 2-1991; 7-6-2005 by L.L. No. 19-2005 (Ch. 7 of the 1976 Code)]
§ 301-216. Applicability of statutory provisions. The provisions of Article 19-A of the General Municipal Law are hereby applicable to the establishment or extension of a Business Improvement District in the Town of Riverhead.
§ 301-217. Establishment; boundaries of district. The Riverhead Business Improvement District shall be and is hereby established in the Town of Riverhead, the Town Board having found that the establishment of the district is in the public interest, that all notices, mailing and hearing requirements have been complied with, that all properties within the district will benefit from the establishment and that all properties benefited are included within the boundaries of the district. The boundaries of said district are hereby established as shown on the map entitled "BID Map, Town of Riverhead, Suffolk County, New York," as last amended February 4, 2005, which map is hereby made a part of this chapter, and all notations, references and other things shown thereon shall be as much a part of this chapter as if fully described herein. Where uncertainty exists with respect to the boundaries of the aforesaid district as shown on the BID Map, the following rules shall apply:101 A. Where the district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of- way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries. B. Where the district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries. C. Where the district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or to the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the BID Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said BID Map. D. Where the boundary of the district follows a railroad line, such boundary shall be deemed to be located midway between the main tract of said railroad line.
101.Editor's Note: The BID Map is on file in the ownT Clerk's office. 301:271 § 301-217 RIVERHEAD CODE § 301-221
E. Where the boundary of the district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Riverhead unless otherwise indicated.
§ 301-218. Improvements and services. The construction improvements and provisions of services within the district shall be pursuant to such district plan of the Riverhead Business Improvement District. All said services shall be in addition to, and not a substitution for, required municipal services provided by the Town of Riverhead on a Town-wide basis.
§ 301-219. Exemptions. All properties within the Business Improvement District shall be deemed benefited by the district and thus shall be taxed. Any property seeking exemption from taxation as allowed under the Real Property Tax Law or by virtue of being a primary residence with no business income derived therefrom must be certified exempt by the Business Improvement District Management Corporation on or before March 1 of the year for which the Assessor is taxing.
§ 301-220. Controlling provisions. To the extent not otherwise explicitly provided herein, the provisions set forth in Article 19-A of the General Municipal Law shall govern the operation of the Business Improvement District and the District Management Association in the Town. Insofar as the provisions of this article are inconsistent with the provisions of any other local law or act, the provisions of this article shall be controlling.
§ 301-221. Amendment procedure. Any amendments to the Business Improvement District or to the Business Improvement District Plan shall be made in accordance with the provisions set forth in § 980-i of Article 19-A of the General Municipal Law.
301:272 § 301-222 ZONING AND LAND DEVELOPMENT § 301-222
Part 3 Supplementary Regulations
ARTICLE XLV Supplementary Use Regulations
§ 301-222. Nonconforming buildings and uses. [Amended 6-17-1975; 7-3-1979; 10-1-2002 by L.L. No. 29-2002; 6-17-2003 by L.L. No. 6-2003] A. Any building, structure or use existing on the effective date of this chapter, or any amendment thereto, may be continued on the same lot held in single and separate ownership, although such building, structure or use does not thereafter conform to the regulations of the district in which it is located, and may thereafter be expanded or extended on the same lot by special permit of the Town Board. If the extent of the change is 10% or less, the public hearing requirement may be waived by the Town Board. An application seeking to extend a single- family residence shall be exempt from the requirement of a special permit. [Amended 8-5-2008 by L.L. No. 26-2008; 9-16-2015 by L.L. No. 17-2015] B. A nonconforming use on the same lot held in single and separate ownership may be changed to another nonconforming use when approved as a special exception by the Zoning Board of Appeals as hereinafter provided in § 105-8 of Chapter 105, Boards, Commissions and Councils. Nothing herein contained shall be construed to permit a residence in a use district where it is not a permitted use. C. No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of one year. D. Nothing in this chapter shall prevent the complete restoration within one year of a building destroyed by accidental cause such as fire, flood, explosion, riot, act of God or act of the public enemy, nor prevent the continuance of the use of such building or part thereof. Such restored building shall not exceed the dimensions of the building destroyed. E. Alteration or enlargement of nonconforming structures, generally. A lawfully preexisting nonconforming building or structure or a building or structure which lawfully exists on a nonconforming lot may be enlarged, altered, reconstructed or repaired, provided that the degree of nonconformity is not thereby increased. For the purposes of this subsection, an increase in the degree of nonconformity shall include any increase in the amount of a nonconforming building's or structure's gross floor area which is located within a required setback area, or an increase in any portion of a building or structure located above the maximum height permitted. An application seeking to expand or extend a single-family residence shall be exempt from this subsection, provided that any extension thereof maintains existing residential use, existing
301:273 § 301-222 RIVERHEAD CODE § 301-225
lot areas, lot setbacks and lot coverage that were required at the time the residence was issued a certificate of occupancy or letter of preexisting use. [Added 4-4-2006 by L.L. No. 15-2006; amended 9-16-2015 by L.L. No. 17-2015] F. Any parcel of land which has been used for a camp or for which a plan for a camp has been filed with the Town Clerk of the Town of Riverhead at the effective date of this chapter but not any amendment thereto and which is held in a single ownership by an organization, such as the Boy Scouts, 4-H Club or other similar recognized civic or fraternal organization, all or a part of which has been used for the purposes of a camp, may continue to be used as a camp although such use does not conform to the regulations of the district in which it is located. G. This chapter shall not apply to any preexisting nonconforming use that has received a special permit to expand said use from the Town Board prior to the effective date hereof.102
§ 301-223. Buildings under construction at time of enactment. Nothing herein contained shall require any change in the plans, construction or designated use of a building if the foundation walls thereof have been erected prior to the enactment of this chapter, provided that the construction of such building shall be completed within one year after the enactment of this chapter. This section shall apply to buildings otherwise affected by amendments to this chapter.
§ 301-224. Lots in two districts. Where a zoning use district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
§ 301-225. Municipal buildings, public utility buildings and structures. [Amended 10-5-2004 by L.L. No. 31-2004; 10-7-2014 by L.L. No. 14-2014; 6-7-2016 by L.L. No. 18-2016; 11-15-2016 by L.L. No. 36-2016] A. Municipal buildings shall be permitted in all districts, provided that such buildings shall conform to all other provisions of this chapter for the district in which located. B. Public utility buildings and structures shall be permitted in all districts when approved by special permit of the Town Board upon a finding by the Board that adequate buffers exist to minimize impacts upon
102.Editor's Note: Original § 108-51.1 of the 1976 Code, Handicapped access ramps, added 11-20-1990, as amended, which immediately followed this section, was repealed 11-5-2008 by L.L. No. 42-2008, and original § 108-51.2 of the 1976 Code, Setbacks for wood decks, added 9-15-1992, as amended, was repealed 7-19-2005 by L.L. No. 36-2005. 301:274 § 301-225 ZONING AND LAND DEVELOPMENT § 301-229
adjacent parcels and taking into account, among other things, the existing and permitted uses in the surrounding community. Commercial solar energy production systems shall not be permitted in any district except those districts as provided in Article LII of this chapter.
§ 301-226. Noncommercial boathouses and structures in or over water. Noncommercial boathouses and structures in or over water may be erected in any residence district, provided that said boathouse or structure shall be erected in the yard of the lot contiguous to and having access to a waterway.
§ 301-227. Tidal lands. When the tidal lands are not shown as zoned on the Zoning Map, they shall be considered to be within the use district to which they are contiguous.
§ 301-228. Permitted uses of front yard. In connection with a business, goods, wares, merchandise, produce, machinery, cars, trailers, lumber or other materials, including homegrown or homemade products produced on the premises, may be displayed 15 feet or more from the street line.
§ 301-229. Yard sales, attic sales, garage sales and auction sales. [Added 4-15-1997; amended 1-15-2002 by L.L. No. 2-2002] A. Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon are subject to the following requirements: (1) No signs, except one on-premises sign and one off-premises directional sign, not larger than six square feet in size, displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (2) The hours, location on the site and methods of operation will cause no unreasonable disturbance to the neighborhood. (3) The premises will be cleared of trash and debris, and all signs erected will be removed the same day as the sale by sunset. (4) Not more than four days of such sales shall be conducted on any lot within any calendar year. [Amended 9-21-2010 by L.L. No. 23-2010] (5) To accommodate emergency vehicle access, the premises where the yard sale is to occur must be located on and abut a road that is at least 33 1/2 feet wide, or otherwise the premises must provide off-street on-site parking for all patrons.
301:275 § 301-229 RIVERHEAD CODE § 301-230
(6) The sale of any firearm, rifle or shotgun is prohibited. [Added 9-16-2008 by L.L. No. 34-2008] B. Registration; fee. (1) Prior to any operator holding such sales within any calendar year, such operator must register the dates and location with the Town of Riverhead. (2) A registration form shall be obtained therefor from the Town Clerk. (3) A fee of $5 shall be required for each permit issued. C. Enforcement; violations and penalties. (1) The Ordinance Inspector shall enforce the provisions of this section. (2) Each violation of the provisions of this section shall be punishable by a fine of not less than $50 nor more than $500 per offense, with each day that a violation exists considered as a separate offense.
§ 301-230. Swimming pools. [Amended 6-15-1976; 7-3-1979; 3-3-1981; 12-6-1988; 9-4-1990; 3-4-2014 by L.L. No. 2-2014103] No swimming pool shall be constructed, used or maintained in any district without a permit and except in accordance with the standards of the New York State Uniform Fire Prevention and Building Code and the following provisions: A. Fencing; exceptions. (1) Every outdoor swimming pool shall be completely surrounded by a fence which shall comply with the following: (a) Fences shall be at least four feet in height with a maximum vertical clearance to grade of two inches. (b) The finished side of the fencing shall face away from the pool.
(c) Where a picket-type fence is provided, horizontal openings between pickets shall not exceed 2 3/8 inches. Height shall be measured vertically from the lowest horizontal support to the top of the pickets. (d) Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches. (e) Enclosure shall be constructed so as not to provide footholds. (f) Pickets and chain-link twists shall extend to above the upper horizontal bar.
103.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:276 § 301-230 ZONING AND LAND DEVELOPMENT § 301-230
(g) Such enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts respectively. Enclosure, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. (h) A wall or a dwelling is permitted to serve as part of the enclosure under the following conditions: [1] Windows in the wall shall have a latching device at least 40 inches above the floor. [2] A swinging door in the wall shall be self-closing and self- latching. [3] A sliding door in the wall shall have a self-latching device. (2) A pool less than 24 inches deep is exempt from the requirements of Subsection A(1) above. B. In the event that an owner shall abandon an outdoor swimming pool, he shall so notify the Zoning Officer, and he shall forthwith fill all voids and depressions with clean fill material consisting of common earth and/or sand, and restore the premises to the same grade and condition as before the swimming pool was constructed and shall accordingly notify the Zoning Officer when said restoration work has been completed. C. No current-carrying electrical conductors, except electric wiring to equipment essential for illumination and necessary operation of swimming pools, shall cross an outdoor swimming pool either overhead or underground or be installed within 15 feet of such pool. All metal enclosures, fences or railings near or adjacent to an outdoor swimming pool which might become electrically charged as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded. D. Outdoor and indoor swimming pools are permitted in all residence districts only as an accessory use to a dwelling for the private use of the owner or occupants of such premises and his family and guests. E. Outdoor and indoor swimming pools are permitted in all other districts as a main or accessory use. F. All proposed swimming pools, with the exception of a pool less than 24 inches deep, which shall be exempt from the requirements of this subsection, that are within jurisdiction of the Conservation Advisory Council shall be equipped with a pump-out and a minimum four-foot- diameter by four-foot-deep dry well for pool discharge. The location of dry wells shall comply with the minimum setbacks from wetlands set
301:277 § 301-230 RIVERHEAD CODE § 301-231
forth in Town Code § 295-4. Drainage of swimming pools into wetlands or any water body is prohibited.
§ 301-231. Off-street parking. A. Off-street parking spaces shall be provided for the uses specified in the Parking Schedule at the end of this chapter. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of these parking regulations. Reasonable and appropriate off-street parking requirements for buildings and uses which are not set forth below shall be determined by the Board of Appeals upon application to it, with consideration being given to all factors, and the Town Board may, in specific cases and upon application to it, modify these requirements upon a consideration of all factors entering into the parking requirements for any use.104 B. When any parking area serves two or more uses having different parking requirements, the parking requirements for each use shall apply as per the Parking Schedule. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use. Where, however, it can be conclusively demonstrated that one or more of such uses will be generating a demand for parking spaces primarily during periods when another use or uses has or have a significantly lower parking demand, the board responsible for review may, upon application, reduce the total parking spaces required for that use with the least requirement.105 C. In the event any building or structure shall be hereafter altered or enlarged, the entire building or structure as altered or enlarged shall be deemed new construction, and the number of parking spaces to be provided and maintained for such building or structure as altered or enlarged shall be determined on such basis. D. Private garages, carports or other areas available for parking may be included in computing the area for parking. A driveway for a one-family or two-family residence may be counted as one parking space.
E. Size of parking spaces and aisles for various angles of parking. [Amended 12-21-1976; 5-17-1977; 10-2-2001 by L.L. No. 14-2001; 9-16-2008 by L.L. No. 35-2008; 8-18-2009 by L.L. No. 42-2009] (1) Parking space* and aisle width* shall be provided in accordance with the following:
104.Editor's Note: See the Parking Schedule included as an attachment to this chapter. 105.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:278 § 301-231 ZONING AND LAND DEVELOPMENT § 301-231
Parking Angle Aisle Width
(degrees) (feet) 90° 24 60° 18 45° 12
* Parallel parking may be permitted at the discretion of the Board responsible for review with a twenty-four-foot parking aisle.
(2) All parking spaces shall be 10 feet by 20 feet. The Board responsible for review shall have discretion to approve nine-foot by twenty-foot parking spaces, provided they are double striped (See 301 Attachment 1:3106), except for handicapped and parallel parking spaces. (3) Unobstructed access to and from a street shall be provided. Where there is two-way traffic, such access shall consist of a minimum width of 24 feet at the curb cut, whether there is a single lane or multiple lanes. Where one-way traffic in a single lane is provided, the minimum width shall be 16 feet at the curb cut. No entrance or exit shall be located within 75 feet of any street intersection. Entrance and exit lanes shall be suitably marked. (4) Access for emergency vehicles. Emergency vehicle access shall comply with the New York State Fire Code as contained in the New York State Building and Fire Prevention Code. F. The minimum acceptable pavement improvements required for parking areas shall be as follows: [Amended 12-21-1976; 5-17-1977; 7-22-1981; 8-18-2009 by L.L. No. 42-2009] (1) For retail businesses, a home occupation or home professional office with a maximum required number of four parking spaces: a crushed stone aggregate with a sieve size no greater than 3/4 inch placed at a rate of 25 pounds per square yard on a compacted four- inch-thick stone blend base and stabilized subgrade. (2) For a business and commercial building with a maximum required number of 12 parking spaces: a two-inch-thick wearing course, after compaction, of New York State Department of Transportation Type 6F top course asphalt mix placed on a compacted four-inch- thick stone blend or approved equal aggregate base and stabilized subgrade. (3) For a business or commercial building with a maximum required number of parking spaces exceeding 12 spaces: a one-and-one-half- inch-thick wearing course, after compaction, of New York State Department of Transportation Type 6F top course asphalt mix
106.Editor's Note: Said attachment is included as an attachment to this chapter. 301:279 § 301-231 RIVERHEAD CODE § 301-231
placed on one two-and-one-half-inch-thick binder base course, after compaction, of New York State Department of Transportation Type 6F top course asphalt mix placed on compacted four-inch-thick stone blend or approved equal aggregate subbase and stabilized subgrade. (4) For retail businesses accessory to an agricultural use or zoning districts where pervious parking surface is recommended pursuant to the supplementary guidelines, or as required as part of the review or approval process: a crushed stone aggregate with a sieve size no greater than 3/4 inch placed at a rate of 25 pounds per square yard on a compacted four-inch-thick stone blend base and stabilized subgrade.
(5) Alternative pervious paving techniques. [Amended 7-17-2012 by L.L. No. 13-2012] (a) When deemed appropriate by the Town Engineer and Planning Department consulting engineer and approved by the applicable Board approving the site plan, the following alternative pervious paving techniques may also be allowed: [1] Porous asphalt, porous concrete, or permeable pavers over appropriate base and subbase material; [2] Other pervious paving techniques not specifically listed when deemed suitable as to use and location. (b) Since alternative pervious pavement techniques may require maintenance not required for conventional paving systems, the applicable Board may require as part of the covenants approving a site plan a maintenance agreement and periodic inspections. (6) For designated handicapped-accessible parking spaces, access aisles and pathways: the surface improvement must conform to the design requirements and standard specifications of the Americans With Disabilities Act, while the balance of the parking improvement (subsurface layers) must comply with the minimum requirements as noted in Subsection F(1) through (5) of this section. [Amended 7-17-2012 by L.L. No. 13-2012] G. Curbing shall be constructed, where required, in accordance with the Town of Riverhead Road and Drainage Standard. These requirements may be altered at the discretion of the Board responsible for review. [Added 8-18-2009 by L.L. No. 42-2009107] H. Required parking spaces shall be provided upon the same premises to which they serve or elsewhere, provided that all spaces are located
107.Editor's Note: Original § 108-60H of the 1976 Code, pertaining to parking areas servings two or more uses, as amended, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:280 § 301-231 ZONING AND LAND DEVELOPMENT § 301-231
within 200 feet walking distance of the premises served. In all cases, such parking spaces shall conform to all regulations of the district in which they are located. Parking spaces shall not be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district. I. Land provided by the Town of Riverhead for off-street parking shall not be used in determining the parking areas required by this chapter. However, where a public parking district has been created, the owner of property within such district need not provide off-street parking areas required by this chapter.
J. Self-contained drainage. [Added 12-21-1976; amended 7-22-1981; 8-18-2009 by L.L. No. 42-2009] (1) All parking areas shall be improved with drainage facilities for the purposes of containing and managing stormwater runoff on site. The minimum design standard for sites less than five acres shall be 211 cubic feet of capacity for every 1,250 square feet of impervious parking surface area. The applicable board and/or department shall approve such drainage facilities and improvements. For parking areas in excess of five acres, a positive drainage area or recharge basin shall be provided. The stormwater capacity of the recharge area will be based on the following formula: V = A x 0.66 x C
Where: V = Volume of recharge basin in cubic feet A = Area of site in square feet C = Coefficient of runoff as follows: Roofs and pavements: 100% Landscaped areas: 10% Other areas: 40%
(2) Where stormwater runoff from parking areas would be naturally contained on site or other extenuating conditions prevail, these requirements may be altered at the discretion of the applicable board and/or department. (3) The standards specified under this subsection shall not supersede or exempt compliance with Chapter 275, Article I, Stormwater Management, of the Code of the Town of Riverhead. K. No more than two commercial vehicles may be allowed to park per residence in a residential zoning district. If more than two vehicles are located in such residential zoning district, the occupier of the residence shall be presumed to be in violation of this chapter. [Added 12-21-1976; amended 8-18-2009 by L.L. No. 42-2009]
301:281 § 301-231 RIVERHEAD CODE § 301-231
L. In the event that an applicant can demonstrate that the off-street parking required is in excess of the parking demand generated by the use or building proposed, the number of improved parking spaces may be reduced by the Board responsible for review and approval upon a finding that any proposed modification shall be sufficient to serve the demand. In all cases, at least 2/3 of the number of required parking spaces shall be provided. In such an event, the site plan shall show both the reduced number of parking spaces to be improved and the additional parking spaces meeting the total requirement of parking spaces established by this chapter, reserved in a configuration that could be improved and used in the future. The area reserved for future parking needs shall either be landscaped or kept as existing vegetation at the discretion of the Board responsible for review. When this subsection is utilized, the applicant shall submit a properly executed instrument in a form approved by the Town Attorney, specifying that all parking spaces required by the Parking Schedule shall be improved upon subsequent findings by the appropriate Board that such improvement is needed and the approved document shall be filed in the office of the Suffolk County Clerk. [Added 3-21-1989; amended 8-18-2009 by L.L. No. 42-2009]
M. Handicapped-accessible parking spaces. [Added 4-7-1998; amended 8-18-2009 by L.L. No. 42-2009] (1) Handicapped-accessible parking spaces shall be provided in a number as required by the following schedule. Further, handicapped accessible spaces shall be located in close proximity to building entrances and such other areas required by site plan approval.
Total Parking Spaces Handicapped-Accessible Required Parking Spaces Required1, 2, 3 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 or greater 2% of total parking spaces required
301:282 § 301-231 ZONING AND LAND DEVELOPMENT § 301-232
NOTES:
1 For a retail sales facility having at least 20 but not more than 500 off-street parking spaces, handicapped-accessible spaces shall be provided at a minimum of 5% of the total number of spaces, or 10 spaces, whichever is less.
2 For an outpatient medical facility, a minimum of 10% of the total number of parking spaces shall be handicapped accessible.
3 For a facility which specializes in treatment or services for persons with mobility impairments, a minimum of 20% of the total number of parking spaces shall be handicapped accessible.
(2) Handicapped-accessible parking spaces shall be 10 feet by 20 feet and shall be provided with striped handicapped access aisles of eight feet in width. Handicapped aisles may be shared by two adjacent handicapped parking spaces. (3) Handicapped-accessible parking spaces shall be designated with a permanently installed above-grade sign which displays the international symbol of accessibility and which shall be positioned from the parking space surface at a height of five feet to its lowest point, as measured from the pavement surface. In an instance where the sign pole is not protected by a wheel stop or curb, such a sign pole must be installed within a six-inch-diameter pipe filled with cement. (4) The international symbol of accessibility shall be displayed on the parking surface of each handicapped-accessible space. (5) All buildings, structures and facilities constructed and all sites developed prior to the adoption of these provisions related to handicapped-accessible parking shall comply with Subsection M(1) through (5) of this section within 12 months from the date of adoption. Failure to so comply shall result in the revocation of the applicable certificate of occupancy.
§ 301-232. Off-street loading. A. Off-street loading berths shall be provided for industrial, warehouse or hospital uses with an aggregate square footage of 10,000 square feet or more and for all buildings or structures having a floor area of 15,000 square feet or more and used for business, industrial or hospital purposes as follows: [Amended 6-16-1987] Floor Area (square feet) Number of Berths 15,000 to 25,000 1 25,001 to 40,000 2
301:283 § 301-232 RIVERHEAD CODE § 301-235
Floor Area (square feet) Number of Berths 40,001 to 100,000 3 Each additional 60,000 1 additional
B. Each required loading berth shall be at least 12 feet long and 14 feet wide and in no event smaller than required to accommodate the vehicles normally using such berth. C. There shall be a minimum paved area of 100 feet from the building line, at the loading area. No parking shall be permitted, nor shall any area be counted, in the parking area within the loading area. [Amended 12-21-1976; 5-19-1993] D. Loading berths may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of berths in such joint facilities shall not be less than the total required for all such establishments.
§ 301-233. Airport facilities and accessory uses. No airport facility or accessory building, structure or use shall be constructed, expanded, installed, used, maintained, arranged or designed to be used, erected, reconstructed or altered in any use district except when authorized by special permit from the Town Board.
§ 301-234. Vending machines. [Amended 7-3-1979] All vending machines shall be accessory to a main use and shall meet the setback requirements established for main structures of the district in which they are located. Not more than two vending machines shall be permitted on the exterior of the main use (building).
§ 301-235. Prefabricated dwellings. [Amended 7-3-1979; 8-21-1979; 3-20-1990; 7-19-2005 by L.L. No. 37-2005; 11-8-2006 by L.L. No. 45-2006; 11-18-2014 by L.L. No. 20-2014] No building or other structure which is prefabricated or which is constructed, manufactured, built or fabricated at a place other than the site on which it is to be located or used shall be used as a dwelling, except in a mobile home park or travel trailer park and except as an agricultural dwelling under § 301-239 of this chapter, unless: A. It complies with the provisions of the laws, ordinances, rules and regulations of all governmental entities having jurisdiction over the subject property.
B. It is affixed to the site by means of a permanent foundation.
301:284 § 301-235 ZONING AND LAND DEVELOPMENT § 301-236
C. It is a temporary trailer (prefabricated dwelling). Notwithstanding Subsections A and B above, there shall be permitted the installation of a trailer (prefabricated dwelling) in which a family or individuals may live in a residential or agricultural zone under the following circumstances: (1) The trailer (prefabricated dwelling) must be for the temporary use and occupation of an individual or group of individuals whose residence has either been so damaged by fire or by some act of God as to render the residence uninhabitable or whose principal residence is being remodeled on a property utilized for agriculture. (2) The trailer (prefabricated dwelling) must be placed on the same plot as the house which is being rebuilt or on a contiguous parcel with the owner's consent. (3) A permit shall be obtained from the Building Department within 72 hours of placing the trailer (prefabricated dwelling) on a lot. The fee for the permit shall be $50. (4) A certificate of occupancy shall be obtained from the Building Department within 21 days of placing the trailer (prefabricated dwelling) on a lot. (5) Such trailer shall be permitted to remain on a lot for six months with one six-month extension upon application to the Zoning Board of Appeals. No further extensions are permitted, and it shall be mandatory that the trailer be removed at the end of the time permitted. If the trailer is not removed, there shall be a fine of $15 per day on the owner of the trailer for each day that it remains beyond the time limit. If the trailer remains in violation for more than 10 days, the Building and Zoning Administrator or Building Inspector or his representative may, after notifying the owner of said trailer in person or by letter, return receipt requested, cause the trailer to be removed. The expense of such removal and any storage charges resulting shall be paid by the owner of the trailer, and, if said cost is not paid within 10 days of notification to the owner, the Building and Zoning Administrator may advertise the public sale of the trailer (prefabricated dwelling) in the official paper of the Town and sell it to the highest bidder. The moneys realized from the sale shall be applied to any fines outstanding and to reimburse the Town for any expense incurred in moving and storing the trailer (prefabricated dwelling). If there shall be any excess, it shall be remitted to the former owner of the trailer (prefabricated dwelling).
§ 301-236. Screening and buffer regulations. [Added 5-17-1977; amended 12-6-1977; 7-3-1979] All business and industrial uses must conform to the following: A. Screen planting.
301:285 § 301-236 RIVERHEAD CODE § 301-236
(1) There shall be provided a landscaped area of at least 25 feet in depth wherever any district other than a residence district shall adjoin land owned or maintained by New York State, Suffolk County, Riverhead Town or any of their commissions, subdivisions or departments and such land owned or maintained by New York State, Suffolk County, Riverhead Town or any of their commissions, subdivisions or departments is used or contemplated for use as parkland or recreational land. (2) Wherever a business use or industrial use adjoins a residence use, there shall be provided a landscaped buffer area of at least 10 feet in width in each such abutting business or industrial district. The plantings shall be evergreen shrubs which will attain and which shall be maintained to a height of not less than eight feet to provide an effective natural screen between districts. No structure, storage, parking or other similar accessory uses shall be permitted within such area unless specifically authorized by the Town Board after a public hearing. [Amended 5-21-1981] B. Trees. Trees shall be required along street frontages at a distance equal to the average diameter of the branching habit for the given species at maturity. Said requirement shall be specifically excepted by the Town Board when granting a change of zone or when it is deemed, through the functions of site plan review, that an aesthetically acceptable substitute, appropriate to the use and location, has been provided. Such substitute must utilize a number of trees that is at least equal to that arrived at if placed along street frontages. The number of trees shall be computed without taking into account that footage devoted to driveways, and in no instance shall trees be planted within five feet of a driveway or an edge of a driveway. [Amended 7-7-1987] C. Fencing and/or screen planting. (1) Unless specifically waived or otherwise amended by the Town Board, wherever this chapter requires a buffer zone to protect residential properties, a six-foot-high chain-link fence with stockade attached shall be required and the buffer area seeded and/or planted with appropriate ground cover. (2) Screen planting and/or fencing, where required, shall begin at ground level 15 feet back from the front property line and taper to full height at a distance 20 feet back from the front property line. D. Where the applicant's building or buildings are retail nonresidential buildings in nature and where the aggregate square footage is 10,000 square feet or more, the applicant must provide landscaped raised islands within the parking area at the rate of 20 square feet of landscaped island per required parking space. Such islands shall be landscaped at least eight feet wide, measured on the shortest side, and surrounded by curbing that conforms to the Town's standard specifications. Wherever possible, such islands shall be installed so as
301:286 § 301-236 ZONING AND LAND DEVELOPMENT § 301-238
to separate parked vehicles. Such islands shall be landscaped with one tree every 100 square feet and with appropriate shrubbery, which landscaping shall be maintained. [Amended 7-7-1987] E. Maintenance of screening, buffer facilities or paved areas. (1) Any land that is or has been designated or required to be a screening area, buffer area or paved area pursuant to an approval by the Town Board, Planning Board or Zoning Board of Appeals or any grant of an application for a change of zone, variance or site plan approval or which is required by ordinance or local law must be maintained by the owner of the property or any of the owners, successors in interest or assignees. (2) When it is determined by the Town Board that any land is not maintained pursuant to such grant or ordinance, the Building and Zoning Department shall notify the owner of record of such land, by registered mail to the address shown on the last preceding assessment roll, to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening or paved areas pursuant to the plan or ordinance. (3) In the event that the owner of record does not comply with the notice within 30 days of the date of said mailing, the Building and Zoning Department may take the appropriate action to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening or paved areas on the designated land. The Building and Zoning Department shall certify by affidavit the costs incurred either by the Department or otherwise to the Town Board. The Town Board shall, by resolution, instruct the Town Clerk to publish a public notice that a public hearing will be held for the purpose of adding to the assessment roll of the described lot or parcel the costs incurred and that, at the public hearing, the Town Board will hear and consider any objection which may be made to such roll. The publication of such notice shall not be less than 10 days before the time specified for such hearing. The Town Board, after public hearing, may then cause such assessment to become a lien and may direct the Town Assessor to place it on the assessment roll.
§ 301-237. Buildings used for storage. [Added 12-6-1977; amended 7-3-1979] No building as defined in § 301-3, including mobile vehicles or trailers, shall be used for storage purposes unless all sections and provisions of this Code are adhered to. Specifically excepted from this section are mobile vehicles or trailers used for temporary loading and unloading purposes, which are removed from the premises within five days from their arrival date.
§ 301-238. Temporary greenhouses. [Added 3-20-1990; amended 4-17-1990; 7-19-2005 by L.L. No. 38-2005]
301:287 § 301-238 RIVERHEAD CODE § 301-239
A. Location. Temporary greenhouses may be located on a parcel of land in the RB80, RA80, and APZ Zoning Use Districts, or any property with a preexisting agricultural use as determined by the Zoning Officer, as set forth below, provided that the subject parcel is a minimum of five acres. The subject parcel may be owned or leased, either individually or as a partnership, and the aggregate of the subject contiguous parcel(s) shall be a minimum of five acres. B. Lot requirements. The following lot requirements shall apply to temporary greenhouses only: Minimum Minimum Side Minimum Front Yard Yard Rear Yard Zoning Use District (feet) (feet) (feet) RB80 40 30 40 RA80 40 30 40 APZ 40 30 40
C. Fee. A building permit fee for up to five temporary greenhouses shall be $30. An additional fee of $5 shall be payable for each additional temporary greenhouse to be located on a parcel.
§ 301-239. Agricultural worker housing. [Added 4-3-1990; amended 7-1-2003 by L.L. No. 9-2003] A. The permit shall require that occupancy of agricultural worker housing shall be limited to persons employed on the farms of the applicant. Occupancy shall be by employees while they are employed in agricultural production. There shall be no rentals of this building. The building shall be subject to an annual inspection pursuant to Chapter 263, Rental Dwelling Units, of the Riverhead Town Code by the Building Department of the Town of Riverhead. Said building shall, at all times, comply with all conditions of applicable laws, ordinances and rules governing its use and occupancy.
B. The permit shall require that construction of the camp commence and be completed within one year of the date of the granting of site plan approval. C. The owner of the premises shall be actively and primarily engaged in commercial agricultural production in the Town of Riverhead. D. The approval shall require that the camp buildings consist of a structure which shall include bedrooms, kitchen, dining and living room, bathroom and utility room. The camp building shall have a separate bedroom for every two persons, and the building shall conform to the New York State Fire Prevention and Building Code. All electrical and plumbing work shall comply with the New York State Fire Prevention and Building Code; prefabricated buildings with HUD certification shall be allowed. Plans and specifications for the camp 301:288 § 301-239 ZONING AND LAND DEVELOPMENT § 301-239
building shall be subject to the approval of the Building Inspector. All buildings must obtain and maintain New York State, Suffolk County and OSHA permits. In no event shall the subject building be occupied by more than 20 persons without a further public hearing before the Town Board. E. The permit shall require a plan to be approved by resolution of the Town Board of the Town of Riverhead, which shall include a property survey prepared by a licensed surveyor, the location of the proposed buildings, the depiction of yard setbacks, and the depiction of suitable screening and buffering buildings from neighboring properties and public highways. F. The permit shall require that an agent shall be appointed annually by the owner to maintain order, assume responsibility for the day-to-day operations, maintenance of the camp and the conduct of camp employees. Such agent shall be a resident of Riverhead Town and shall be appointed by written agreement with name, address and phone number filed with the Town Clerk and Police Department. Such agent shall be responsible for the daily orderly operation of the camp and shall have the authority to correct immediately any comments or complaints made. G. The permit shall require that the subject premises shall be operated in accordance with the following conditions: (1) Compliance with all relevant Town of Riverhead ordinance and County Sanitary Code requirements. (2) No labor contractors shall be permitted on the premises. (3) Compliance with all state laws, including operation free from a pattern of violations of the Penal Law by camp residents, i.e., three or more violations of the Town Code or New York State Penal Law in 18 months shall constitute a pattern of violations.108 (4) Access to subject premises shall be permitted at all reasonable times to Town officials and representatives. (5) The agricultural worker housing shall be abandoned and the real property conform to all Town of Riverhead zoning requirements upon the conversion of the principal agricultural use. H. A permit to operate agricultural worker housing shall be submitted to the Building Department by the property owner or his designated representative, which shall affirmatively state that the agricultural worker housing unit(s) are in compliance with this section. The Building Inspector, upon an inspection of the subject premises and a finding of
108.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:289 § 301-239 RIVERHEAD CODE § 301-240
compliance, shall issue a permit to operate agricultural worker housing. I. Failure of the applicant to comply with any of the stipulations enumerated herein shall be cause for revocation of the special permit after duly noticed hearing before the Town Board.
§ 301-240. Bed-and-breakfast facilities. [Added 7-19-1994; amended 5-2-1995; 9-7-2005 by L.L. No. 48-2005; 9-15-2009 by L.L. No. 51-2009] A. The bed-and-breakfast use shall be an accessory use to a one-family dwelling and shall be located within the one-family dwelling in residential, commercial and agricultural zoning use districts. B. The use in all districts allowed under this section shall be exclusively owner-occupied single-family housing. "Owner-occupied one-family dwelling" shall mean a person's legal primary residence as defined in the federal and state tax laws, with proof of real estate ownership/title of said premises and property. C. The structure shall maintain the character of a one-family dwelling. D. The residence shall be the primary residence of the owner, who is also the operator. E. All one-family dwellings incorporating bed-and-breakfast as an accessory use shall be a minimum of 2,000 square feet in living area. F. The maximum number of rented rooms permitted in a bed-and- breakfast shall be limited to five, and the length of stay within a bed- and-breakfast shall be a maximum duration of two weeks or 14 consecutive days. Documentation verifying the length of stay of each guest, such as a registration ledger or receipts, will be made available to the Code Enforcement Officer or the Building Department upon request. G. Any meal served shall be served only to guests of the bed-and-breakfast facility. H. The use of amenities provided by the bed-and-breakfast, such as outdoor areas and gardens, swimming pool or tennis court, shall be restricted in use to the overnight guests and permanent residents of the facility. I. Cooking facilities shall be prohibited in guest bedrooms. J. Guest rooms may not be used as legal residences in order to enroll children into a school district. K. Upon the issuance of a special permit for bed-and-breakfast facilities, the Town Board shall require an annual inspection and compliance permit for bed-and-breakfast use upon real property to be issued by the
301:290 § 301-240 ZONING AND LAND DEVELOPMENT § 301-240
Building Department for continued operation. The Town Building Department shall either approve or deny the reissuance of this compliance permit for the bed-and-breakfast use as a result of such inspection. Said compliance permit is not transferable with the real property. New property owners must obtain a new compliance permit pursuant to Subsection N of this special permit requirement being fulfilled, i.e., a new written permission from the property owner allowing the Town to conduct periodic inspections, including the annual inspection, shall be on file with the Building Department before issuance of the new compliance permit. L. All guest rooms must conform to the New York State Uniform Fire Prevention and Building Code requirements for habitable space. M. A site plan and detailed floor plan shall be required as a condition of this special permit. N. Written permission from the property owner allowing the Town to conduct periodic inspections, including the annual inspection, shall be on file with the Building Department before issuance of the compliance permit. O. An application for a compliance permit shall be filed with the Building Department each year with an annual filing fee of $100.
301:291
§ 301-241 ZONING AND LAND DEVELOPMENT § 301-242
ARTICLE XLVI Supplementary Height Regulations
§ 301-241. Height exceptions. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses, masts and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features and the necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as necessary to accomplish the purpose they are to serve.
§ 301-242. Ornamental features. Parapet walls, cornices and other ornamental structures extending not more than five feet above the roof shall be exempt from the height limitations of this chapter.
301:293
§ 301-243 ZONING AND LAND DEVELOPMENT § 301-245
ARTICLE XLVII Supplementary Area Regulations
§ 301-243. Lot area. [Amended 5-16-1978; 7-3-1979] A. Any parcel of land held in undivided and separate ownership may be subdivided upon application to and approval by the Town of Riverhead Planning Board, provided that all resulting lots and all structures on such lots must comply individually with the provisions of this chapter. B. Prior to the adoption of this chapter, if any lot held in one ownership or if any lot devised by will has a frontage or area less than that required by this chapter, such lot may have buildings or structures erected on it, provided that all other requirements are met. C. Whenever a single lot which has been excepted from the area, width and yard requirements of a particular district, by reason of such lot being in single and separate ownership on a certain date, is joined by common ownership to an abutting lot, the greater area, width and yard requirements for the particular district shall apply to the increased lot size. However, the Riverhead Planning Board may, in its discretion, grant a subdivision of any such lots deemed merged by operation of law through this section, if such Board shall be satisfied, based upon the record or the proceeding had before it, that the following conditions have been met: [Amended 7-17-1984] (1) The owner of the lots merged was unaware that the taking of such property in the same ownership as an adjoining parcel would cause a merger by operation of this section. (2) That the development of the surrounding neighborhood is such that the subdivision of such merged lots will not result in lots of a lesser size than those of the surrounding neighborhood. (3) That no such lot for which a subdivision is applied for pursuant to this section shall result in a lot area 1/2 or less of the area permitted in the zone pursuant to the lot area requirement schedule effective in such zone.
§ 301-244. Merger of lots. [Added 10-21-1986; amended 6-20-1989] Whenever two or more parcels of property which are nonconforming and which abut at a common course and distance are held in the same ownership, such parcels shall be termed "merged" to form one lot, in conformance with the lot requirements of the zoning use district in which the parcel is located.
§ 301-245. Visibility at intersections. [Amended 7-3-1979; 5-21-1981] No fence, except an open wire or open chain-link fence without any planting thereon, wall, hedge or other planting more than three feet in height
301:295 § 301-245 RIVERHEAD CODE § 301-246 measured above street level and no object or any other obstruction of a height in excess of two feet shall be erected, placed, parked or maintained on a corner lot within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection measured along said street lines. This section shall not prohibit one tree to be grown in this area, provided that the branches of the trees are trimmed away to a height of at least six feet above street level.
§ 301-246. Building area and setback. [Amended 6-16-1987] Notwithstanding any other provision of this chapter, the Town Board may, by special permit, allow within the Riverhead Public Parking District No. 1 a minimum front yard depth of zero feet and/or a total building area of up to 100% of the area of a parcel of land held in one ownership, either by erection of a new building or by alteration or extension of an existing building.
301:296 § 301-247 ZONING AND LAND DEVELOPMENT § 301-247
ARTICLE XLVIII Signs [Amended 1-20-1976; 5-17-1977; 12-6-1977; 11-8-1978; 3-6-1979; 4-3-1979; 7-3-1979; 10-2-1979; 8-20-1985; 9-16-1986; 10-6-1987; 5-7-1991; 6-18-1991; 6-2-1992; 11-2-1992; 3-1-1994; 5-7-1996; 10-18-2005 by L.L. No. 51-2005]
§ 301-247. Definitions. As used in this article, the following terms shall have the meanings set forth herewith: ANIMATED OR MOVING SIGN — Any sign or part of a sign which changes physical position by movement or rotation occasioned by natural, manual, mechanical, electrical or other means, or which gives the visual impression of such movement or rotation. ANNOUNCEMENT SIGN — A sign announcing the activities conducted or to be conducted at the public or semipublic building to which it refers. AWNING — Any retractable or fixed shade-producing device made of flexible fabric or similar material covering a rigid skeleton structure attached to a building. BANNER or PENNANT — A sign that is painted or displayed on a sheet composed of fabric, pliable plastic, paper or other nonrigid material, fastened to the exterior of a building or exterior structure other than a flagpole, but excluding any representing any federal, state or other governmental entity. BILLBOARD — A sign relating, in whole or in part, to a business, commodity, service, entertainment or attraction sold, offered or existing at a location other than the location where such sign is displayed. BUILDING WALL FACE — The area of the building wall, including area occupied by any doors or windows in that wall. CANOPY — An architectural projection comprised of a rigid structure over which a covering is attached that provides weather protection, identity or decoration and is supported at one end by the building to which it is attached and at the outer end by not less than one stanchion. DIRECTORY SIGN — An aggregate sign containing a list of the names of the establishments located within a commercial or industrial complex. ELECTRONIC TIME/TEMPERATURE SIGN — An electronic programmed display of time and temperature information only. EMBELLISHMENT — Ornamentation or enhancement of a sign structure. FARM MARKET — A direct marketing operation which may be seasonal in nature and features on-farm produce as well as locally grown agricultural produce, enhanced agricultural products, and handmade crafts. FREESTANDING SIGN — A sign detached from any supporting element of a building and consisting of a double- or single-sided sign face attached to a
301:297 § 301-247 RIVERHEAD CODE § 301-247 single or double pole structure embedded in the ground or mounted on its own self-supporting permanent structure or base. GRADE — The uppermost surface of the ground directly below the sign or immediately adjacent to the support. Where the uppermost surface has been artificially raised for landscaping or other purpose, grade shall be measured from the level of the nearest curb of a public street. ILLUMINATED SIGN — A sign illuminated either internally, where the source of illumination is inside the sign or from light bulbs or light tubes affixed or incorporated into the structure thereof, or externally, where the source of illumination is separate from the sign and reflected off the surface thereof. INCIDENTAL SIGN — A small sign, emblem, or decal informing the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating hours of business. INTERNALLY ILLUMINATED BOX SIGN — A case containing a fluorescent light source within. The light source is projected through a glass or plastic facing which projects a message (not to be confused with neon, channel letters, or backlit channels). MANSARD ROOF — A roof whose pitch has a twelve-inch or greater vertical projection for each six-inch horizontal projection. MARQUEE, ATTACHED — A fixed, constructed permanent canopy or roof- like structure of rigid materials which may contain a means for changeable lettering thereon, supported by and extending more than 12 inches from the facade of a theater, hotel, banquet facility, or sports arena. MOBILE SIGN — A sign not permanently affixed to a structure, with or without wheels, or to the ground and designed or intended to be moved from one location to another, except signs painted on registered vehicles identifying the owner and utilized in the conduct of such business.109 MONUMENT SIGN — A sign with a base entirely in contact with the ground. NAMEPLATE SIGN — A nonelectric identification sign which bears only the name and profession or occupation of the occupant or group of occupants, or bears only the name of a residential occupant. NEON SIGN — An illuminated sign consisting, in part, of a glass tube filled with neon, argon, mercury or other gasses caused to emit light by the passage of an electric current and commonly bent into various forms. NONCONFORMING SIGN — A sign which was legally installed under laws or ordinances in effect prior to the effective date of the ordinance codified in this title or subsequent revisions, but which is in conflict with the design and sign type provisions of this chapter.
109.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:298 § 301-247 ZONING AND LAND DEVELOPMENT § 301-247
OFF-PREMISES SIGN — A sign that identifies or communicates a message related to an activity conducted, a service rendered, entertainment, or a commodity sold which is not the primary activity, service, or commodity provided on the premises where the sign is located (e.g., billboards or outdoor advertising). PARAPET — The extension of a false front or wall above a roofline. POLE SIGN — A freestanding sign wholly supported by a single vertical pole or similar structure embedded in the ground. POLITICAL SIGN — A temporary sign indicating the name and/or picture of an individual seeking election or appointment to a public office, or relating to a proposition or change of law to a public election or referendum, or pertaining to the advocacy by persons, groups, or parties of political views or policies. PROJECTING SIGN — A sign which is attached at a right angle from a wall or other essentially vertical plane of a building or structure which is wholly or partly dependent upon the building for support. PUBLIC INFORMATION SIGN — Any sign erected by a governmental agency or at its direction warning the public of a specific danger, with no other advertising on such sign. Such signs shall include direction flow of traffic signs and entering and exiting parking lot signs and shall be designed and placed in accordance with the New York State Manual of Uniform Traffic Control Devices.[Added 8-18-2009 by L.L. No. 41-2009] REAL ESTATE SIGN — A sign advertising the sale, exchange, lease or rental of the real property on which it is located. ROOF SIGN — A sign erected upon or above a roof or parapet of a building or structure. SANDWICH BOARD — A portable sign capable of standing without support or attachment. SIGN — Any object, device, display, or structure, including a flag, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images, together with a framework, background, material structure, component parts, and bracing materials. SIGN AREA — The area of a sign shall be the entire face of a sign, including the advertising surface and any framing, trim, or molding. The area of a sign lacking clear and distinct borders shall be determined by the smallest rectangle that encompasses all of the letters and/or symbols that make up the sign, together with the area outside that rectangle of a different color or material than the general finish of the building or window, whether painted or applied. SOFFIT SIGN — A sign affixed to the underside of a roof overhang, and perpendicular to the wall, adjacent to a store or a commercial premises.
301:299 § 301-247 RIVERHEAD CODE § 301-249
TEMPORARY SIGN — Any sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a ninety-day period following receipt of necessary approvals by Town agencies or departments. A temporary sign may not exceed 32 square feet.[Added 6-20-2006 by L.L. No. 19-2006; amended 8-18-2009 by L.L. No. 41-2009] WALL SIGN — A sign fastened to or painted on an exterior wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign. A wall sign shall not project above the height of the building wall face. Said height shall be the vertical distance from the average grade of the ground surrounding the building to the lowest point of the roof. Such a sign may not project more than 12 inches beyond the building wall face, nor shall it contain copy on the sides or the edges, or it shall be considered as a projecting sign. WINDOW AREA — The area of the window shall be the largest uninterrupted expanse of glass. Such interruptions shall include but not be limited to the mullions, muntins and structural or applied support columns. WINDOW SIGN — A sign which is painted in, applied, or attached to the interior side of a window or glass doors, or which is inside an individual window or door and mounted within three feet of a window. Such signage shall occupy no more than 25% of the area of each window or door.
§ 301-248. Purpose and intent. A. Purpose. It is the express purpose of this article to regulate existing and proposed signs in order to perpetuate the open character and rural appearance of the Town; promote good community planning and a positive aesthetic environment; protect property values; recognize the economic importance and attractiveness of properly sited and well- designed signs; preserve the historic character and architectural heritage of the Town; provide a more enjoyable and pleasing community; and to promote and accomplish the goals, policies and objectives of the 2003 Riverhead Comprehensive Master Plan. B. Intent. It is the intent of this article to coordinate the type, placement and scale of signs within the various zoning use districts to recognize the commercial communications requirements of all sectors of the business community; reduce distraction and obstructions which may cause motorists confusion, impair visibility, and lead to accidents; reduce hazards that may be caused by signs overhanging, projecting into, or otherwise obstructing public rights-of-way; and avoid detracting from the legitimate identification of businesses, street names or street numbers. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs.
§ 301-249. Primary signs allowed with permit. Only one primary sign shall be permitted at each business location or premises. Where feasible, primary signs may be double-sided. Combinations
301:300 § 301-249 ZONING AND LAND DEVELOPMENT § 301-249 of various types of primary signs shall not be permitted. Secondary signs may be permitted at the discretion of the Architectural Review Board. Permitted primary signs shall not indicate business hours of operation, telephone numbers, fax numbers, or web addresses. All primary signs must be located on the site facing towards a public right-of-way. Each of the following types of primary signs is allowed by permit from the Town of Riverhead: A. Wall signs. (1) The area of a wall sign shall not exceed 25% of the building or wall face on which it is mounted. The width of a sign shall not exceed 75% of the width of the building or wall face on which mounted. The maximum area for a wall sign shall be 300 square feet. (2) Such signs shall not project more than one foot perpendicular to the walls on which they are mounted nor extend in any manner above the facade or roofline of the building or structure containing such wall. (3) All signage shall pertain to the business or businesses operating on the premises where the sign is erected. B. Roof signs. A sign painted on, incorporated into, or affixed to a mansard roof or parapet of a building shall be permitted, provided it complies with the following: (1) The vertical midpoint of the sign shall be no higher than the vertical midpoint of the mansard roof or parapet so that the sign does not project above the roofline or break the silhouette of the building. (2) No part of such sign shall project from such mansard roof or parapet a distance greater than 24 inches, and all structural supports, including any angle irons, guy wires or braces, shall appear to be an integral part of the roof or roof sign and enclosed or otherwise hidden from view. (3) The area of a roof sign shall not exceed 25% of the square footage of the building wall face on which it is mounted. The width of any such sign shall not exceed 75% of the width of such roof or parapet. No roof signs shall be permitted to exceed 300 square feet.110 C. Freestanding signs (including pole and monument signs). (1) No freestanding sign shall be permitted on premises where buildings or structures are set back less than 20 feet from the front property line. (2) The maximum area for such a sign shall be 32 square feet.
110.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:301 § 301-249 RIVERHEAD CODE § 301-249
(3) Said sign may not exceed 10 feet in vertical height from the grade of the ground surrounding the sign except as otherwise provided in this chapter. (4) Said sign(s) shall be at least 25 feet from each sideline of the property and at least 15 feet from the front and rear property lines. (5) Except for the height of a monument sign, any embellishment thereon extending up to 12 inches on any side shall not be considered in determining compliance with the area or size limitation of a sign supported by a monument structure. D. Permanent window signs. (1) Permanent window signs may occupy no more than 25% of the window area as defined herein. (2) Such signs shall include neon signs limited to an intensity of 60 watts. (3) Window signs shall be stationary in nature and shall not flash or rotate. (4) Such a sign shall not obscure the visibility through the window by using, but not limited to, an opaque background. E. Directory signs. Each commercial or industrial complex which contains more than one legal use shall, as a whole, be permitted one freestanding directory sign on the premises to be used for the purpose of notifying the public of the names of the businesses located within the complex, provided that: (1) No advertising of any sort shall be allowed on said sign other than to identify the complex itself and the names of the businesses located within the complex. (2) The aggregate height of said sign, including embellishment, shall not exceed 15 feet measured from the grade of the ground surrounding the sign. (3) Each business name shall occupy no more than eight square feet in area. (4) Each business shall advertise with coordinated size, color, lettering, and sign shape such that no single sign is more prominent than another sign. (5) A portion of the sign may be dedicated to the identification of the commercial or industrial complex, provided that this area does not exceed 32 square feet. (6) The aggregate area of the sign shall not exceed 60 square feet.
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(7) A directory sign may be allowed in conjunction with a wall, roof, or window sign, but shall not be permitted with any type of other freestanding sign. (8) The nearest point of the front of any building of the complex is set back a minimum of 50 feet from the front property line. F. Marquee, attached. A marquee attached to a theater, hotel, or sports arena shall be permitted, provided that such sign: (1) Does not extend beyond the curbline in front of the building. (2) Shall be placed no less than 10 feet above the grade or curb surrounding the sign. (3) Shall be constructed of noncombustible materials, shall be securely supported from the facade of the building, and shall provide proper drainage. G. Awnings/canopies. Signs painted on or in the form of an awning or canopy shall be permitted for business use only, provided that: (1) Awnings are not located above the first floor of the buildings to which they are attached. (2) Canopies are located at the street or parking lot entrance of the building to which they are attached and do not interfere with pedestrian traffic. (3) Any identification or lettering on such awnings or canopies shall be limited to the edge of the awning or canopy bib and shall not exceed six inches in height. (4) The vertical clearance from the public right-of-way to the lowest part of the awning or canopy, including the valance, shall be a minimum of seven feet. H. Gasoline station signs. One sign per business location shall be permitted to advertise the sale of gasoline, provided that said sign: (1) Shall be freestanding, nonflashing, and nonmoving. (2) Shall be located on the premises of the business and not located in any public right-of-way. (3) Shall only advertise the identification of the gasoline retailer and the price(s) of gasoline. (4) Shall not exceed an area of 48 square feet, nor exceed a height of 15 feet above the grade surrounding the sign. (5) Shall be located not less than 15 feet from the front or rear property lines and not less than 25 feet from each side property line.
301:303 § 301-250 RIVERHEAD CODE § 301-250
§ 301-250. Secondary signs allowed with permit. Each business or premises is entitled to signage considered secondary to a permitted primary sign. All secondary signs shall be coordinated in size, color, lettering, shape, and location of placement. The following sign types may be considered for approval by the Town of Riverhead as secondary signs: A. Soffit signs. One soffit sign may be permitted for each business establishment, provided that: (1) A minimum height of 7 1/2 feet is provided from the ground surrounding the sign to the base of the sign. (2) The thickness of the sign does not exceed four inches. (3) The maximum area of the sign shall be two square feet. B. Projecting signs. One projecting sign may be permitted for each business establishment, provided that: (1) A minimum of 7 1/2 feet is provided from the ground surrounding the sign to the base of the sign. (2) The thickness of the sign shall not exceed four inches. (3) The sign shall project more than 12 inches but not more than 36 inches perpendicular to the building to which it is affixed. (4) The maximum area of the sign shall be two square feet. C. Nameplate in excess of an area of two square feet affixed to a building wall or face. D. Electronic time/temperature signs. A computerized time/temperature display or electronic message center shall be permitted, subject to the following conditions: (1) Shall be located on premises only. (2) Shall be accessory to and incorporated within the main structure of a freestanding sign. Such sign shall be no more than 24 square feet in total area, and an aggregate square footage of all signs on the sign structure shall not exceed 32 square feet. (3) Said sign shall be located a minimum of 400 linear feet from any other time/temperature display. (4) Said sign shall display a minimum time interval of five seconds between flashed readings of time and temperature. (5) Shall exhibit the minimum display necessary to convey the intended message. No horizontal traveling or vertical scrolling moving messages, animation, or graphics shall be permitted.
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E. Menu board. Restaurants may display one menu board in conjunction with a drive-through window, provided that: (1) The sign is one-sided, freestanding, or attached to a wall. (2) Said sign shall be nonflashing and nonmoving. (3) Said sign shall not exceed 32 square feet in area nor exceed a height of five feet above the grade surrounding the sign. (4) Said sign shall be located at least 25 feet from the front of the property line and from each sideline, and a minimum of 15 feet from the rear property line. (5) Said sign shall not be located in a front yard or in a side yard adjacent to a street, nor shall the sign be readable from a street. F. Wall sign. Wall signs may be considered secondary signs, provided that:
(1) Such a sign is not located on a facade having any other wall sign. (2) Such a sign shall not exceed 10% of the wall area, with a maximum permitted area of 150 square feet. G. Gasoline stations. One secondary sign may be permitted for the advertisement of services in addition to the sale of gasoline, provided that such sign: (1) Shall be freestanding, nonflashing, nonmoving, and not illuminated. (2) Shall not exceed 16 square feet in area. (3) Shall not exceed a height of six feet above the grade of the area surrounding the sign. (4) May be double-sided. (5) Shall be located on the premises of the business and not located in any public right-of-way. H. Incidental information window signs. Incidental information signs which exceed an area of two square feet shall be permitted, provided that: (1) Such a sign shall advertise only the type of information as provided by the definition of an "incidental sign." (2) Such a sign shall not exceed an area of 10% of any uninterrupted glass area. (3) Such a sign shall not be placed on any window or uninterrupted glass area containing any other signage.
301:305 § 301-250 RIVERHEAD CODE § 301-251
(4) All window signage on a building shall be coordinated in color, style, and lettering. (5) Such sign does not obscure visibility by using, but not limited to, an opaque background.
§ 301-251. Additional sign types requiring permits. A. Commercial property real estate signs. Sign advertisement of the sale, rental, or lease of commercial property is permitted, provided that: [Amended 9-17-2007 by L.L. No. 25-2007] (1) Only one such sign per commercial parcel shall be permitted. (2) Freestanding signs, signs affixed to a building or structure, or a sign displayed within any window therein shall not exceed nine square feet in area. (3) Said sign shall be placed at least 25 feet from each sideline of the property and at least 15 feet from the front and rear property lines. No such sign shall be permitted within a parking lot, roadway, or sidewalk area. (4) Said sign(s) shall be removed no later than 15 days after the property to which it relates is no longer for sale, rent, lease, or exchange. (5) Said sign shall not be illuminated. B. Residential property real estate signs. Real estate signs advertising the sale, rental, or lease of residential real estate are permitted, provided that: (1) No more than two such signs shall be erected on the property to be sold, rented, or leased. No signs erected for the sale of real estate may be erected off site of the subject property. (2) Said sign(s) may not be illuminated nor exceed four square feet in area. (3) No sign shall be permitted in any public right-of-way. (4) Said sign(s) shall be removed no later than 15 days after the property to which it relates is no longer for sale, rent, lease, or exchange. (5) Said sign(s) may be erected by a licensed real estate broker or by the individual property owner. Said sign(s) may be erected by a licensed real estate broker who has paid the annual fee of $200 to the Building Department. Erection of such signage by the individual owner of the property shall require a deposit of $100 per sign, paid to the Building Department, to be refunded upon removal
301:306 § 301-251 ZONING AND LAND DEVELOPMENT § 301-251
of the sign by the applicant. [Amended 9-1-2009 by L.L. No. 48-2009] C. Construction signs. One sign shall be permitted to be erected at any construction site, provided that such sign: (1) Shall not be erected prior to project approval by the Town of Riverhead Building Department. (2) Shall not be illuminated. (3) Shall not exceed 32 square feet in area. (4) Shall display the name(s) of the contractor(s), architect(s), and financing institution(s) connected to development of the site. (5) Shall be located at least 25 feet from each sideline of the property and at least 15 feet from the front and rear property lines. No such sign shall be placed within a parking lot, roadway, or sidewalk area. (6) Shall be removed no later than 15 days after completion of the project to which it relates or one year from the date of installation of said sign, whichever occurs first. D. Subdivision signs. A maximum of two signs may be erected to advertise a subdivision site, provided that such sign(s): (1) Shall not be erected prior to project approval by the Town of Riverhead Building Department. (2) Shall not be illuminated. (3) Shall be limited to an area of 32 square feet. (4) Shall be located at entrance(s) to the approved subdivision and shall not be placed within any parking lot or public right-of-way. (5) Shall be removed one year from the date of issue of the permit for the sign. E. Off-premises directional signs. (1) Two standardized off-premises directional signs, in accordance with the further provisions of this subsection, shall be permitted per applicant, based upon the necessity for said signs as shown by the applicant. Under no circumstances shall more than two such signs be allowed, nor shall any two such signs bearing the same information face the same lane of traffic. (2) Such signs shall not exceed four square feet in area, nor exceed six feet in vertical height from the grade of the ground surrounding the sign.
301:307 § 301-251 RIVERHEAD CODE § 301-251
(3) A maximum of three different businesses may be permitted per sign installation, provided that the aggregate area of the signage does not exceed 12 square feet. (4) There shall be no exclusive right to any location. An advertiser shall not prohibit subsequent advertisers which have obtained necessary approvals. (5) No off-premises directional sign shall be permitted within 100 feet of any other permitted sign. (6) Such sign(s) shall be located as follows and shall be subject to the prior approval, in writing, of the New York State Department of Transportation, the Suffolk County Department of Public Works, the Riverhead Superintendent of Highways or the owner of private property as applicable: (a) Said sign(s) shall be set back at least 15 feet from the public right-of-way or five feet from the sidewalk, whichever is greater. Under no circumstances shall such sign(s) be placed in the public right-of-way. (b) Said sign(s) shall face the flow of traffic nearest it. (c) Said sign(s) shall not be permitted less than 100 feet approaching nor 100 feet beyond a traffic control device, railroad crossing, or public highway intersection with a federal, state, county, or Town route. (d) In its deliberation of the permit, public safety, including but not limited to visibility of and by motorists as well as pedestrians relative to the proposed sign location, shall be a primary consideration of the Board. (7) Such sign(s) shall not be illuminated.
F. Temporary business signs. [Added 6-20-2006 by L.L. No. 19-2006] (1) One temporary business sign issued by the Building Department is permitted in a commercial or industrial use zone for a time period of not more than 90 days, provided that: (a) Such sign shall not be erected prior to project approval by the Town of Riverhead Building Department. (b) Such sign shall not exceed 32 square feet in area. (c) Such sign shall bear only the name and/or type of the business. (d) Such sign shall not exceed a height of 15 feet from the average level of the ground surrounding the sign. (e) Such sign shall be set back no less than 25 feet from any sideline and 15 feet from the front or rear property line. Under
301:308 § 301-251 ZONING AND LAND DEVELOPMENT § 301-251
no circumstances shall a sign be placed in any public right-of- way or create a potential danger to vehicular traffic. (f) Such sign shall not be illuminated. (g) Such sign may be double-sided. (h) The applicant has made a complete application for a permanent sign on the subject premises. (2) If more than one temporary sign is desired, approval must first be received from the Town Board. G. Temporary special event signs. One temporary special event sign may be permitted at the location of the special event and no more than two additional temporary special event signs may be permitted at locations other than the event site and shall be posted no more than 14 days prior to the event, provided that: [Added 6-20-2006 by L.L. No. 19-2006; amended 11-17-2009 by L.L. No. 60-2009; 2-2-2010 by L.L. No. 2-2010] (1) Such signs: (a) Shall not be erected prior to the approval of the special event permit by the Town Board pursuant to Chapter 255, Article II, Special Events. (b) Shall be constructed of light material such as cloth, canvas, fabric or plywood or designed such that the sign is not required to be affixed to real property and is readily removable. (c) Shall not exceed 50 square feet in area. (d) Shall not be posted more than 15 feet above the average level of the ground surrounding the sign. (e) Shall not be placed within a public right-of-way or create a potential danger to vehicular traffic. (f) May be double-sided. (g) Shall have received a sign permit application. (h) Shall be removed within five days after the event. (2) If more than one special event sign is desired, approval must first be received from the Town Board. Approval of multiple temporary special event signs may be made as part of the special event permit application. All approved temporary special event signs must comply with the provisions of Subsection G(1)(a) through (g) above. H. Political signs and posters are permitted, subject to the following criteria:111 (1) Such sign(s) shall not exceed 32 square feet in area. 301:309 § 301-251 RIVERHEAD CODE § 301-252
(2) The candidate must obtain permission of the owner of any land used for political signs, which must be obtained prior to the erection of the sign. (3) Such sign(s) may not be erected or maintained on or in a public right-of-way or upon utility poles or upon public property. (4) All such signs shall be removed within two weeks subsequent to the date of public election or within 60 days of the issuance of the permit for said signs. (5) Candidates seeking to display any political sign(s) shall post a bond, check or such other equivalent security with the Building Department Administrator in the amount of $200 per candidate. A sign displaying the name of more than one candidate shall require an additional fee of $200. This security shall guarantee compliance with the provisions of this section regarding removal of signs set forth in Subsection H(4) above. (6) The existence of political signs in violation of Subsection H(4) of this section shall act to forfeit the aforementioned bond and to allow the Town to remove said signs.
§ 301-252. Signs not requiring permits. The following types of signs are exempted from permit requirements but must conform with all other requirements of this chapter: A. Temporary window signs. Signs attached to or incorporated on a window or door which are of a temporary nature, not exceeding a display period of two weeks, shall be permitted, provided that: (1) Such signs, in combination with any permanent window signage, shall occupy no more than 25% of the window area. (2) Such signs may be displayed only in a window or door facing toward the front property line.
(3) Such signs shall not be illuminated, flash, rotate, oscillate, or be animated. B. Parking signs and traffic regulation signs erected by government authority. C. Farm market temporary signs. Temporary farm market signs advertising the availability of specific agricultural produce shall be allowed in all zoned districts in the Town without a permit from the Building Department with the following provisions: (1) A farm market may have up to 10 temporary signs advertising the availability of specific agricultural produce, provided that:
111.Editor's Note: Added at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:310 § 301-252 ZONING AND LAND DEVELOPMENT § 301-252
(a) No more than two signs between 12 square feet and 20 square feet in area shall be allowed. (b) Each of the possible eight additional signs shall not exceed 12 square feet in area. (2) Two additional temporary off-premises signs advertising specific seasonal crop production may be allowed without a permit, provided that the farm market selling such produce is not located on a major east-west thoroughfare (specifically Peconic Bay Boulevard, Route 25, or Sound Avenue). Such sign(s) may not exceed 32 square feet in area and must be removed at the end of the specific crop season. (3) No temporary sign advertising the availability of specific agricultural produce shall exceed six feet in vertical height from the grade of the ground surrounding the sign.
(4) Such temporary signage may be single-faced or double-faced, and square footage will be calculated based on one side. (5) With the exception of off-premises signs described above, all signs shall be located on the premises of the farm property and shall not be placed more than 150 feet from the perpendicular intersection of a line bisecting the farm market or farm stand and the front property line. (6) All signs shall be set back at least 15 feet from any vehicular public right-of-way or five feet from a public sidewalk, whichever is greater. Under no circumstances shall a sign be placed in any public right-of-way or create a potential danger to vehicular traffic. (7) No such sign(s) shall be illuminated. D. Theater outer lobby posters, provided they are enclosed. E. Incidental signs, such as information, emergency, and public service signs that identify such services as restrooms, telephones, credit cards accepted, hours of operation, vacancies, and emergency information, provided that: (1) Such sign(s) shall not exceed two square feet in area. (2) There shall be a limit of one such sign per building entrance. F. Nameplates attached to a building wall. (1) Such signs shall bear only the name and profession or occupation of the resident. (2) Only one nameplate shall be permitted per professional office or per resident.
301:311 § 301-252 RIVERHEAD CODE § 301-253
(3) Such sign shall not exceed two square feet in area. If such sign exceeds an area of two square feet, it will be considered a wall sign and, as such, shall require a permit as provided in § 301-249A of this article.112 G. Historic signs. Pursuant to the provisions of a special permit or site plan review, the Town Board may determine that a particular sign is of significant historic quality in terms of age, design, or relationship to an historic restoration project in order to be designated an historic sign. The Town Board may allow the restoration, repair, and maintenance of such signs upon such terms as may be just and proper in addition to, or to the exclusion of, any other signs permitted by this Code. Any such sign must be structurally safe or capable of being made so without substantially altering its historic significance. H. Dedicatory signs. One dedicatory sign indicating the name and date of erection of a building, or serving as a memorial or historical plaque, may be allowed pursuant to review by the Town Board, provided that such sign: (1) Is cut into a masonry surface or fabricated of bronze or other noncombustible material. (2) Does not exceed four square feet in area. I. Public information sign. The Town Board may allow the erection of a special public information sign in any district. Under no circumstances shall such a sign be placed in a public right-of-way or create a hazard to traffic. J. Parking signs, public and private. All signs pertaining to traffic regulations, parking regulations, and fire zones which are subject to the rules and regulations of the New York State Vehicle and Traffic Law are exempt from local permit requirements. No such sign(s) shall be located within or upon any Town, county, or state or other public right- of-way.
§ 301-253. Prohibited signs. The following types of signs are prohibited in every use district in the Town of Riverhead unless otherwise specified in this chapter: A. Off-premises commercial advertising signs, including but not limited to billboards or signs affixed to utility poles. B. Animated, flashing, moving, rotating, revolving, chasing, oscillating, or blinking signs or devices other than a time and temperature display.
112.Editor's Note: Original § 108-56F(7) of the 1976 Code, pertaining to political signs, as amended 12-29-2009 by L.L. No. 68-2009, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-251H. 301:312 § 301-253 ZONING AND LAND DEVELOPMENT § 301-254
C. Banners, ribbons, pennants, spinners, streamers, balloons or other such devices. D. Any sign visible from a public right-of-way that is mounted on a vehicle or trailer designed to be transported by wheels, or is mounted on a chassis with or without wheels. E. Temporary menu, sandwich board, banners, posters and other such temporary signs within 50 feet of the public right-of-way, with the exception of farm market ground identification signs. F. Any sign, including handbills and stickers, affixed to a traffic sign, signal, controller cabinet or supporting structure, fire hydrant, utility pole, bridge, tree, rock, statue, or sculpture. It shall be presumed that any person, business or entity identified on any sign, poster, sticker or advertising device regulated under this chapter, or the owner, agent, registrant, manager, business, entity or person in charge of any telephone number, website, entity, business or address identified on any sign, poster, sticker or advertising device regulated under this chapter, is responsible for the placement of that sign, poster or sticker. This presumption shall be rebuttable. [Amended 10-2-2007 by L.L. No. 29-2007] G. Mobile signs standing on the ground or attached to vehicles or trailers, except signs painted on registered vehicles identifying the owner and utilized in the conduct of such business. Vehicles or trailers may not be used primarily for on- or off-premises advertising.113
§ 301-254. Zoning use district regulations. The following limitations shall apply to signs in the zoning use districts indicated below: A. In all zoning use districts, the following signs are allowed with a permit from the Riverhead Building Department: (1) Real estate signs.
(2) Construction signs. (3) Subdivision signs. (4) Political signs. B. See § 301-252 for signs not requiring a permit.114 C. RA80, RB80, RA40, RB40, RC and HR. All signs shall be permitted in all residential zones RA80, RB80, RA40, RB40, Retirement Community (RC), and Hamlet Residential (HR), with the exception of:
113.Editor's Note: Added at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 114.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:313 § 301-254 RIVERHEAD CODE § 301-254
(1) Wall signs. (2) Roof signs. (3) Freestanding (including pole and monument) signs (except in RC and HR Use Districts). (4) Directory signs. (5) Permanent window signs. (6) Awning and canopy signs. (7) Electronic time/temperature signs. (8) Menu board signs. (9) Internally illuminated (including neon) signs. (10) Projecting signs. (11) Sandwich board signs. (12) Soffit signs. D. APZ. In the Agriculture Protection Zones (APZ), all signs shall be permitted, with the exception of: (1) Internally illuminated (including neon) signs. (2) Electronic time/temperature display. (3) Directory. E. DRC, SC, BC, Business F, and CRC. (1) In the Destination Retail Center (DRC), Shopping Center (SC), Business Center (BC), Business F and Commercial/Residential Campus (CRC) Districts, all signs permitted by this chapter shall be allowed, with the exception of internally illuminated (including neon) signs in the CRC Zone. (2) Freestanding (including pole and monument) signs and directory signs, including any embellishment thereof, shall not exceed 15 feet in vertical height from the grade of the ground surrounding the sign. F. VC, HC, RLC and BUS CR. In the Village Center (VC), Hamlet Center (HC), Rural Corridor (RLC) and Rural Neighborhood Business (BUS CR) Districts, all signs are permitted, with the exception of:115 (1) Internally illuminated (including neon) signs.
115.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:314 § 301-254 ZONING AND LAND DEVELOPMENT § 301-254
(2) Time/temperature display. G. TRC, RFC, DC-2, DC-4, and DC-5. In the Tourism/Resort Campus (TRC), Riverfront Corridor (RFC), Downtown Center 2 (DC-2), Downtown Center 4 (DC-4), and Downtown Center 5 (DC-5) Districts, all signs are permitted, with the exception of: [Amended 5-19-2009 by L.L. No. 35-2009] (1) Wall signs. (2) Window signs. (3) Internally illuminated (including neon) signs. (4) Roof signs. H. Ind A, Ind B, and Ind C. In the Industrial A (Ind A), Industrial B (Ind B) and Industrial C (Ind C) Use Districts, all signs are permitted, with the exception of: (1) Internally illuminated (including neon) signs, except in windows. (2) Electronic time/temperature display. (3) Roof signs (except on mansard roof(s). I. DC-1 and DC-3. In the Downtown Center 1 (DC-1) and Downtown Center 3 (DC-3) Districts, all sign types are permitted, with the exception of internally illuminated box signs.
J. BUS PB District. [Added 5-19-2009 by L.L. No. 35-2009] (1) In the Business PB (BUS PB) District, the following signs are permitted: (a) Wall signs. (b) Freestanding signs. (2) Such signs shall bear only the name and occupation of the resident and may not be internally illuminated (including neon). K. PIP District. The following standards shall apply to all properties in the Planned Industrial Park District:116 (1) Freestanding signs. (a) Single-tenant buildings. [1] One freestanding sign per road frontage shall be permitted.
116.Editor's Note: Added at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:315 § 301-254 RIVERHEAD CODE § 301-254
[2] The area of such sign(s) shall not exceed 1.5 square feet for each lineal foot of the front of the building or 60 square feet, whichever is less. [3] The height of such sign(s) shall not exceed six feet. [4] The sign(s) shall be located at least 25 feet from the cartway. [5] The area surrounding the base of the sign(s) shall be appropriately landscaped. (b) Multi-tenant buildings. [1] General identification sign. [a] One freestanding general identification sign per road frontage shall be permitted.
[b] The area of such sign(s) shall not exceed 1.5 square feet for each lineal foot of the front of the building or 60 square feet, whichever is less. [c] The height of such sign(s) shall not exceed six feet. [d] The sign(s) shall be located at least 25 feet from the cartway. [e] The area surrounding the base of the sign(s) shall be appropriately landscaped. [2] Directory sign. [a] One freestanding directory sign identifying the occupants of the building shall be permitted for each driveway entrance. [b] The area of such sign(s) shall not exceed 16 square feet. [c] Such sign(s) shall be at located at least 50 feet from the cartway. [d] The area surrounding the base of the sign(s) shall be appropriately landscaped. L. PRP District. Signs within the interior of each lot shall not be subject to height, size, type or location controls, other than that no sign shall be higher than the permitted height for principal buildings within the district, or so designed or located as to primarily advertise or be directed to roadways or land uses outside of the PRP District, such as Grumman Boulevard/Swan Pond Road and State Route 25 (Middle Country Road), nor shall any signs be placed within a required buffer area. At the perimeter of the PRP District, signs shall be subject to the
301:316 § 301-254 ZONING AND LAND DEVELOPMENT § 301-255
following restrictions: One freestanding sign for each lot may be placed at the entrance from a primary road to the PRP District with a maximum of four such signs at each entrance, a maximum height of 30 feet, and an area no larger than 150 square feet per sign. On all arterial roads within the PRP District, signs shall be provided for the purposes of identification and vehicular control, including street signs and exterior directional signs. The provisions of such signs shall be of uniform height, color, typeface and material throughout the PRP District.117
§ 301-255. Sign permit requirements. A. Permitting procedure. (1) Sign maker registration. Any commercial sign maker approved by the Town of Riverhead may register his or her company name with the Building Department on a form to be designated by the Building Inspector. Registered sign makers shall be entitled to inspect the installation of signs they install in accordance with the provisions of this article. Upon a determination by the Building Inspector that a registered sign maker has failed to comply with the terms of this article, the Building Inspector may elect to discontinue the registration of that sign maker. B. Application for a sign permit. Unless otherwise stated herein, all signs permitted in this chapter shall have a sign permit issued by the Town of Riverhead Building Department. Sign permits may be applied for through the site plan application process or directly to the Building Department. The procedure for obtaining a sign permit is as follows: (1) Submission of a sign permit application form to the Building Department or, in the case of a site plan application, to the Town Board, together with the three copies of each of the following: (a) The certificate(s) of occupancy, certificate(s) of compliance or letter(s) of preexisting use for all structures located upon the premises where the sign(s) is/are proposed to be installed.
(b) A color rendering (drawn to scale) of each sign for which a permit is sought indicating the exact dimensions of the sign, sign area, sign depth or thickness, font type(s) and size(s) of all lettering to be used on the sign. The rendering shall also include a drawing and the dimensions of all structures to be used to support the sign. If the sign is to be attached to a wall, a scaled drawing of the sign and its proposed location on the wall shall be submitted with the application. (c) Samples of the actual colors to be used on the sign and/or the PMS color number.
117.Editor's Note: Added at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:317 § 301-255 RIVERHEAD CODE § 301-255
(d) A list of all materials to be used in constructing the major components of the sign, including any supporting structures and illumination. Any illumination proposed shall comply with Article XLIX, Exterior Lighting, of this chapter. (e) A color photograph of the existing building, including all walls and areas where the sign is to be placed. Any and all existing signs currently on the building or premises must likewise be indicated and depicted graphically or photographically. Ideally, a second photograph shall be prepared in digital format superimposing the proposed sign onto the facade of the existing building. Such a digital image must be in scale relative to the actual building. (2) Submission of the permit fee at time of application. Such fee shall be set from time to time by resolution of the Town Board. C. Issuance of sign permit. (1) Architectural Review Board referral. (a) Upon receipt of a complete application for a sign permit, the Building Department Administrator shall refer the application to the Architectural Review Board for its recommendation. The applicant may request to appear before the Architectural Review Board in order to review the sign design and facilitate the process. (b) The Architectural Review Board shall provide a recommendation to the Building Department within 30 days of its receipt of the Building Department referral. Applications not acted upon by the Architectural Review Board within 30 days of the receipt of the application shall be deemed approved. (2) Appeal procedures. An applicant may appeal to the Zoning Board of Appeals with respect to the illumination or design of a sign or for a variance from any property line setbacks or sign dimensions as provided in this chapter of the Town Code. [Amended 5-5-2009 by L.L. No. 15-2009] (3) Building Department approval. (a) Upon receipt of a recommendation for approval of the Architectural Review Board, or upon the expiration of 30 days from the Board's receipt of the Building Department's referral as set forth in Subsection C(1)(b) above, the Building Inspector shall issue a sign permit to the applicant. Each sign permit shall be numbered in accordance with a numbering system to be designated by the Building Inspector. [Amended 5-5-2009 by L.L. No. 15-2009118]
301:318 § 301-255 ZONING AND LAND DEVELOPMENT § 301-255
(b) Upon completion of the construction of the sign authorized in the sign permit, the applicant shall request an inspection to ensure that the sign was constructed in accordance with the terms of the sign permit. Alternatively, the applicant may submit the affidavit of a sign maker registered with the Town of Riverhead Building Department in a form to be designated by the Building Inspector indicating that the sign construction is complete and that the sign was constructed in accordance with the terms of the permit. The Town reserves the right to inspect any permitted sign installation. (c) All signs must be installed within six months of the issuance of the sign permit. Failure to complete the installation of a permitted sign within six month of the date of the issuance of the permit will result in the automatic expiration of the sign permit. The Building Inspector, at his discretion, may extend the duration of a sign permit one time for a period of six months. (d) Upon completion of the inspection of the sign by the Building Department or the submission of the affidavit of a registered sign maker as described herein, the Building Department shall issue a placard to the applicant, which placard shall be attached to the lower right-hand corner or portion of the sign. The placard shall bear the Seal of the Town of Riverhead and indicate the permit number for the sign as well as the date of approval of the sign permit application or site plan. D. Sign maintenance. (1) The owners of a permitted sign must maintain the sign and its supporting structures in good condition. Failure to replace sign components for general compliance with the conditions of the original approval, including but not limited to nonoperative lighting, sign structures, landscaping, color, materials, lettering and/or other sign components, shall be considered a failure to maintain a sign in good condition. (2) Each sign having received a sign permit placard from the Building Department may be inspected periodically for adequate maintenance. (3) Upon a determination that a sign is not being maintained in good condition, the Code Enforcement Division shall serve a notice upon the individual or entity to which the permit was issued by certified mail, return receipt requested, to the address shown on the sign permit application.
E. Nonconforming signs. [Amended 11-7-2012 by L.L. No. 30-2012]
118.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:319 § 301-255 RIVERHEAD CODE § 301-255
(1) Any sign legally existing on the date of adoption of this chapter of the Town Code may be continued, although such sign may not thereafter conform to the regulations of the district in which it is located. (2) No nonconforming sign may be reestablished where a nonconforming use has been discontinued for a period of one year. (3) Any sign which was erected or placed prior to the adoption of Article XLVIII, Signs, of this chapter shall be considered a legally existing, nonconforming sign. (4) Any legally existing, nonconforming sign destroyed by an accidental cause such as fire, flood, explosion, riot, act of God or act of the public enemy shall be replaced by a sign which conforms to the regulations of the district in which it is located.119
119.Editor's Note: Original § 108-56.2 of the 1976 Code, Penalties for violations of sign provisions, added 10-19-1993, as amended, which immediately followed this section, was repealed 9-19-2006 by L.L. No. 38-2006. 301:320 § 301-256 ZONING AND LAND DEVELOPMENT § 301-258
ARTICLE XLIX Exterior Lighting [Added 12-17-2002 by L.L. No. 34-2002; amended 2-6-2008 by L.L. No. 1-2008]
§ 301-256. Purpose. The general purpose of this article is to protect and promote the public health, safety and welfare of the residents of Riverhead, as well as preserve the quality of life, retain the rural character of Riverhead and afford the public the ability to view the night sky, by establishing regulations and a process for review of exterior lighting. This article establishes standards for exterior lighting in order to accomplish the following: A. To provide safe roadways for motorists, cyclists and pedestrians; B. To protect against direct glare and excessive lighting; C. To ensure that sufficient lighting can be provided where needed to promote safety and security; D. To prevent light trespass in all areas of the Town; E. To protect and reclaim the ability to view the night sky; F. To allow for flexibility in the service of lighting fixtures; G. To provide lighting guidelines; H. To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this article; I. To promote the conservation of energy for exterior lighting; J. To reduce the impact of artificial lighting on human health, flora, fauna, and the environment.
§ 301-257. Title; conflict with other laws. A. Title. Article XLIX, together with the amendments thereto, shall be known and may be cited as the "Town of Riverhead Lighting Ordinance." B. Conflict with other laws. In a case where this article is found to be in conflict with a provision of a zoning, fire, safety, health, water supply, subdivision, or sewage disposal law or ordinance, or regulation adopted pursuant thereto or other law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
§ 301-258. Applicability.
301:321 § 301-258 RIVERHEAD CODE § 301-258
A. New lighting. All exterior lighting installed after the effective date of this article shall conform to the standards established by this article, except exterior lighting required to protect and promote public health and safety. (1) Upon adoption of this article as established by its effective date, all subsequent installation, replacement, alteration, change, repair, or relocation of any nonconforming luminaire shall conform with the provisions of this article. (2) All exterior lighting installed shall comply with §§ 301-259 and 301-261D of this article regarding glare, light pollution, light trespass, and skyglow as defined in § 301-3 of this chapter. (3) The following exterior lighting, existing or installed prior to the effective date of the adoption herein, which does not conform with the provisions of this article shall be exempt, provided the following requirements are met: (a) Preexisting residential floodlight luminaires are exempt, provided that the total light output for the fixture does not exceed 1,800 lumens (equivalent to 100 watts incandescent), regardless of the number of lamps, and is angled downward or shielded so as not to cause glare or light trespass or beam spread beyond the intended target or across property lines. This exemption expires no later than December 31, 2010, at which time full conformance is required. (b) Preexisting unshielded residential fixtures mounted on the primary structure are exempt, provided the light output, regardless of the number of lamps, is no greater than 900 lumens (60 watts incandescent). This exemption expires no later than December 31, 2010, at which time full conformance is required. (c) Preexisting nonconforming nonresidential luminaires rated over 1,800 lumens (100 watts incandescent), regardless of the number of lamps, shall be altered to the greatest extent possible to prevent visible glare across property lines by re- aiming, shielding, adding louvers, relamping, or other means, to meet the definition of "fully or partially shielded." This exemption expires no later than December 31, 2010, at which time full conformance is required. (d) Preexisting nonconforming automated teller machine (ATM) lighting, fuel filling and gas service station canopy lighting, and Long Island Power Authority (LIPA) lighting shall be in full compliance with the provisions of this article no later than December 31, 2010. (e) Preexisting nonconforming commercial and industrial parking lot lighting illuminating less than 20 parking spaces shall be in
301:322 § 301-258 ZONING AND LAND DEVELOPMENT § 301-259
full conformance with the provisions of this article no later than December 31, 2012. (f) Preexisting nonconforming commercial and industrial parking lot lighting illuminating 20 or more parking spaces shall be in full conformance with the provisions of this article no later than December 31, 2017, and may be achieved by partial areas of complete renovations regarding lighting levels, pole heights and lamp types in increments of 10% of the parking lot area per year.120
§ 301-259. Exterior lighting standards. A. General standards. (1) All exterior lighting shall be designed, located and lamped in order to prevent: (a) Overlighting; (b) Energy waste; (c) Glare; (d) Light trespass; (e) Skyglow. (2) All nonessential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor-activated lights are encouraged to replace existing lighting that is desired for security purposes. (3) Canopy lights, such as service station lighting, shall be fully recessed and full cutoff luminaries so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties.
(4) Area lights. All area lights shall be full-cut-off-type luminaires. (5) The Long Island Power Authority shall not install any luminaires after the effective date of this article that light the public right-of- way. B. Type of luminaires. (1) All exterior lighting, with an exemption granted to municipal recreational fields, rated to be lamped at greater than 1,800 lumens (100 watts incandescent) shall use full cutoff luminaires as
120.Editor's Note: Original § 108-249 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage. 301:323 § 301-259 RIVERHEAD CODE § 301-259
determined by photometry test or certified by the manufacturer and installed as designed with the light source directed downward. Municipal recreational fields, at a minimum, shall utilize partially shielded fixtures to direct light to the field of play, and to minimize upglow and light trespass. [Amended 4-17-2018 by L.L. No. 9-2018] (2) All exterior light fixtures rated to emit 1,800 lumens (100 watts incandescent) and less, regardless of the number of lamps, shall use fully shielded fixtures (See Figure 1.) and shall be installed as designed. (See Figure 1.121)122 C. Exempt exterior lighting. The following types of exterior lighting are exempt from the provisions of this section: (1) Holiday lighting lit between November 15 and January 15 of the following year.
(2) Motion-sensor-activated luminaires, provided: (a) They are fully shielded and located in such a manner as to prevent glare and lighting onto properties of others or into a public right-of-way; (b) The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased; (c) The luminaire shall not be triggered by activity off the property; and (d) The luminaire, regardless of the number of lamps, does not exceed 1,800 lumens and is not rated to exceed 100 watts. (3) Vehicular lights and all temporary emergency lighting needed by the Fire and Police Departments, or other emergency services. (4) Uplighting for flags, provided the flag is not used for advertising and the total maximum lumen output is 1,300 lumens. (5) Lighting of radio, communications and navigation towers, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this article, and that the provisions of this article are otherwise met. (6) Runway lighting. Lighting on any landing strip or runway, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this article.
121.Figure 1 is included as an attachment to this chapter. 122.Editor’s Note: Former Subsection B(3), regarding privately owned or leased light fixtures, which immediately followed, was repealed 4-17-2018 by L.L. No. 9-2018. 301:324 § 301-259 ZONING AND LAND DEVELOPMENT § 301-259
(7) Neon lights. Neon lights as permitted pursuant to Article XLVIII, Signs, of this chapter. (8) Residential landscape lighting as defined herein, provided the lamp or lamps are not visible across property lines and, in addition, are not triggered by a dusk-to-dawn timer.
D. Placement and height of luminaires. [Amended 4-17-2018 by L.L. No. 9-2018] (1) Luminaires, exclusive of municipal streetlighting, and municipal recreational fields, shall be mounted no higher than 16 feet from the level ground to the lowest light-emitting part of the fixture. (2) Luminaires on commercially used properties shall be located and shielded in a manner to prevent light projection beyond the property line. (See Figure 3.123) (3) Luminaires used for municipal recreational fields and municipal outdoor recreational uses shall be exempt from the height restriction, and illuminance levels, provided all other provisions of this article are met and the light is used only while the field is in use. (4) Sign lighting. Lighting shall be mounted on the top of the sign, directed downward, and positioned and shielded so that the light source is not visible. No individual lamp shall exceed 1,000 lumens. Mounting height of lights shall not exceed 16 feet. (5) Mounting height of residential luminaires may not exceed 14 feet.
E. Illuminance and type of lamp. [Added 4-17-2018 by L.L. No. 9-2018] (1) Illuminance levels for parking lots, sidewalks, and other walkways affected by side-mounted building lights and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the IESNA Recommended Practices, either PR33 or RP20, depending on the application. (See Tables 1, 2 and 3.124) The Town of Riverhead recognizes that not every such area will require lighting. (2) Parking lot lighting shall not exceed an overall average illumination as listed on Table 1.125 (3) Streetlight luminaires shall be full cutoff luminaires and be lamped with high-pressure sodium or compact fluorescent light source. The Engineering Division shall make a determination for the type of light distribution, the height, and lumen value of the light source for each location, based on the manufacturer's supplied
123.Editor's Note: Figure 3 is included as an attachment to this chapter. 124.Editor's Note: The tables are included as attachments to this chapter. 125.Editor's Note: Table 1 is included as an attachment to this chapter. 301:325 § 301-259 RIVERHEAD CODE § 301-259
photometric information, in order to meet the streetlighting warrants. The criteria for evaluating the warrant of streetlights shall be in conformance with the American Association of State Highway Transportation Officials (AASHTO) standards and/or a safety hazard as determined by the Town Engineer. The Town Engineer shall reserve the option to alter the type of light, light intensity of public roads and public facilities in areas where public safety is an issue. Streetlight luminaires shall be brought into compliance with this section no later than December 31, 2017. (4) All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (5) Gas station under-canopy fixtures shall be lamped so as not to exceed light level measurements as recommended in RP33, Table 2.126 (6) All ATM and bank lighting shall conform to the provisions of the New York State ATM Safety Act, as contained in the New York State Banking Law § 75-a et seq., and the provisions of this article. (7) All Long Island Power Authority leased preexisting nonconforming unshielded floodlight fixtures, including GE Powerflood, mercury- vapor fixtures, and all one-thousand-watt fixtures shall not be relamped, repaired or replaced. F. All Long Island Power Authority (LIPA) leased preexisting nonconforming fixtures shall be replaced on or before December 31, 2010, with full cutoff fixtures and must meet the light solutions "Installation and Criteria" as adopted by LIPA on March 24, 2006: [Added 4-17-2018 by L.L. No. 9-2018] (1) Light levels shall not exceed recommendations (Table 1). G. Prohibited exterior lighting. The following types of lighting are prohibited: [Added 4-17-2018 by L.L. No. 9-2018] (1) Searchlights, except those used for governmental, emergency and law enforcement purposes. (2) Strobe lights, laser lights, or revolving lighting. (3) Neon lights, except as legally permitted. (4) Blinking, pulsating, tracing, or flashing lights, unless temporarily triggered by a security system. (5) Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers.
126.Editor's Note: Table 2 is included as an attachment to this chapter. 301:326 § 301-259 ZONING AND LAND DEVELOPMENT § 301-262
(6) Lighting that is determined by municipal law enforcement personnel to contribute to disabling or distracting glare into a public roadway. (7) Any light fixture located within a designated nature preserve, easement, or waterway. (8) Illuminated signs without a municipal permit. (9) Nonmunicipal recreational field lighting, including but not limited to tennis, basketball and handball courts, and sports fields, including but not limited to baseball, soccer, and football, without site plan approval and a building permit. (10) Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited. (11) No exterior LED light fixtures shall exceed 3,000K. (12) Mercury vapor. (13) Unshielded LED lamps, except as exempt for holiday lighting. (14) Metal halide, except as approved by the Town Engineer and only when the correlated color temperature (CCT) is less than 3,200K and when the arc tube of the lamp is enclosed with a protective acrylic or tempered glass shroud.
§ 301-260. through § 301-261. (Reserved)127
§ 301-262. Figures and tables.128 The attached figures and tables shall be incorporated into Article XLIX as guidelines for the public and the Town of Riverhead for use in enforcing this article. The Town does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples. Additional information is provided at the Town of Riverhead Planning Department.
A. Figure 1: illustrations of full cutoff and full shielded fixtures. B. Figure 2: diagrams of generally acceptable and generally unacceptable light fixtures. C. Figure 3: diagrams of recommended fixture placement in relation to the property line to control light trespass. D. Table 1: limits of illumination target areas for parking lots.
127.Editor’s Note: Former § 301-260, Placement and height of luminaires, and § 301-261, Illuminance and type of lamp, as amended, were repealed 4-17-2018 by L.L. No. 9-2018. See now § 301-259D through F. 128.Editor's Note: The figures and tables are included as attachments to this chapter. 301:327 § 301-262 RIVERHEAD CODE § 301-264
E. Table 2: limits of illumination for target areas for car dealerships, sidewalks, walkways, and gas stations. F. Table 3: limits of illumination for roadways.
§ 301-263. Procedure to determine compliance. A. All applications for site plan review, use permits, planned unit developments, subdivision approvals, applicable sign permits, or building permits shall include lighting plans showing location of each existing and proposed outdoor light fixture, and luminaire distribution, type, lamp source type, wattage, mounting height, hours of operation, lumen output, and illuminance levels in ten-foot grids in order to verify that lighting conforms to the provisions of this article. The Town Building and Planning Administrator and Chief Building Inspector may waive the requirement for illuminance level information only, if the Town Engineer finds that the illuminance levels conform to this article. For all other exterior lights which must conform to the requirements of this Article XLIX, an application shall be made to the Planning Board showing location, luminaire and bulb type, height, hours of operation, lumen output and illuminance levels. Applications for subdivision approval regarding lighting plans must be submitted to both the Planning Department and Engineering Department. [Amended 11-1-2016 by L.L. No. 33-2016] B. The Planning Board shall review any new exterior lighting or any existing exterior lighting on subject property that is part of an application for design review, conditional use permit, planned unit development, subdivision approval, applicable sign permits or building permit, to determine whether the exterior lighting complies with the standards of this Article XLIX. C. For all other exterior lighting which must conform to the requirements of Article XLIX, the Planning Board shall issue a decision whether the exterior lighting complies with the standards of this Article XLIX. All such decisions may be appealed to the Town of Riverhead Zoning Board of Appeals within 30 days of the decision.
§ 301-264. Notice of violation; abatement. If the Code Enforcement Division finds that any provision of this article is being violated, the Code Enforcement Division shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or the occupant of such premises, demanding that the violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. The Planning Department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty-day period, the Town Attorney may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this article.
301:328 § 301-265 ZONING AND LAND DEVELOPMENT § 301-267
ARTICLE L Wind-Energy Systems for Agricultural Uses
§ 301-265. Purpose and intent. This article is designed to promote the safe, efficient and effective use of small wind-energy systems attendant to bona fide agricultural operations. The Town Board finds it appropriate to encourage the development of these small wind-energy systems to promote the reduction of on-site consumption of utility-supplied electricity, while protecting from any adverse effects of such systems.129
§ 301-266. Where permitted. Small wind-energy systems shall be permitted on parcels greater than seven acres in size in the Agriculture Protection Zone where such parcels are dedicated primarily to uses necessary for bona fide agricultural production, as defined in § 301-36A.
§ 301-267. Application for permit. Applications for small wind-energy systems shall be submitted to the Town of Riverhead Building Department and shall include: A. Name, address and telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent, as well as an original signature of the applicant authorizing the agent to represent the applicant. B. Name, address and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner: (1) Confirming that the property owner is familiar with the proposed applications; and (2) Authorizing the submission of the application.
C. Address of each proposed tower site, including Tax Map section, block and lot number. D. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system. E. A plot plan on an approved property survey, at a scale of one inch equals 100 feet, depicting the limits of the fall zone distance from structures, property lines, public roads, and projected noise-level decibels (DBA) from the small wind-energy system to the nearest occupied dwellings.
129.Editor's Note: Original § 108-28 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage. 301:329 § 301-267 RIVERHEAD CODE § 301-268
F. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code of the Town of Riverhead and the New York State Building Code.
§ 301-268. Development standards. A. Tower height. Tower height shall not exceed 120 feet and shall be exempt from the height restrictions pursuant to § 301-241 of Article XLVI, Supplementary Height Regulations, of this chapter. To prevent harmful wind turbulence to the small wind-energy system, the minimum height of the lowest part of any horizontal or vertical axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure. B. Setbacks. Notwithstanding the provisions of the Bulk Schedule,130 the following standards shall apply to small wind-energy systems: (1) A small wind-energy system shall be set back from a property line a distance no less than the total height of the small wind-energy system, plus 10 feet. (2) No part of the wind system structure, including guy wire anchors, may extend closer than 10 feet to the property boundaries of the installation site. (3) A small wind-energy system shall be set back from the nearest public road a distance no less than the total height of the small wind-energy system, plus 10 feet, and in no instance less than 100 feet. (4) There shall be no habitable structures on the applicant's property within the fall zone. C. Noise. Small wind-energy systems shall not exceed 60 DBA, as measured at the closest neighboring inhabited dwelling at the time of installation. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms. D. Compliance with New York State Uniform Building Code. Building permit applications for small wind-energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer.
130.Editor's Note: The Schedules of Dimensional Regulations are included as attachments to this chapter. 301:330 § 301-268 ZONING AND LAND DEVELOPMENT § 301-269
E. Compliance with National Electric Code. Building permit applications for small wind-energy systems shall be accompanied by a line drawing of the electrical components on the plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer. F. Compliance with FAA regulations. Small wind-energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable federal aviation requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. G. Utility notification. No small wind-energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
§ 301-269. Construction standards. A. Exterior lighting on any structure associated with the system shall not be allowed, except that which is specifically required by the Federal Aviation Administration. B. The system's tower and blades shall be a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption. C. All on-site electrical wires associated with the system shall be installed, underground, except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. D. At least one sign shall be posted on the tower at a height of five feet warning of potential electrical shock or high voltage and potential harm from revolving machinery. E. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner. F. Towers shall be constructed to provide one of the following means of access control or other appropriate method of access: (1) Tower-climbing apparatus located no closer than 12 feet from the ground. (2) A locked anti-climb device installed on the tower (if tower is a climbable type).
301:331 § 301-269 RIVERHEAD CODE § 301-272
(3) A locked, protective fence at least six feet in height that encloses the tower. G. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground, electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground. H. All small wind-energy systems shall be equipped with manual and automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer. I. Capacity. Small wind-energy systems shall generate no more than 110% of the agricultural operation's anticipated demand at the time of application.
§ 301-270. Fees. The Building Department fee for small wind-energy system applications shall be $250.
§ 301-271. Abandonment of use. All small wind-energy systems which are not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Building Department.
§ 301-272. Enforcement authority; penalties for offenses; additional remedies. A. The Building Inspector, Code Enforcement Officer and Town Attorney shall have authority to enforce this article. B. Any person owning, controlling, or managing any building, structure or land who shall undertake a wind-energy conversion facility or wind monitoring tower in violation of this article or in noncompliance with the terms and conditions of any permit issued pursuant to this article, or any order of the enforcement officer and any agent who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $1,000 or to imprisonment for a period of not more than 30 days, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $1,000 for each violation, and each week said violation continues shall be deemed a separate violation.
301:332 § 301-272 ZONING AND LAND DEVELOPMENT § 301-272
C. In case of any violation or threatened violation of any of the provisions of this article, including the terms and conditions imposed by any permit issued pursuant to this article, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.
301:333
§ 301-273 ZONING AND LAND DEVELOPMENT § 301-274
ARTICLE LI Wireless Communications Towers and Antennas [Added 8-4-1998 by L.L. No. 8-1998; amended 8-17-1999 by L.L. No. 10-1999; 1-15-2002 by L.L. No. 1-2002; 8-2-2005 by L.L. No. 45-2005]
§ 301-273. Purpose. In recognition of advancing technology and the increasing demand for the installation of wireless communications tower(s) and/or facilities within the Town, the Town Board of the Town of Riverhead hereby determines that it is in the public interest to specifically regulate the siting and installation of such facilities within the Town in order to protect the public health, safety and welfare. The purpose of this article is to establish standards for the siting of wireless communications towers and antennas in order to protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in nonresidential areas; minimize the total number of towers throughout the Town; encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the surrounding community is minimal; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impacts of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the impacts upon the public health and safety of communications towers; and avoid potential damage to adjacent and/or nearby properties from tower failure through appropriate engineering and careful siting of tower structures and/or facilities. In furtherance of the aforementioned objectives, the Town Board shall give due consideration to the Town's Comprehensive Plan, existing land uses and development and environmentally sensitive areas, and other appropriate factors in approving sites for the location of towers and antennas and/or facilities. These standards are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.131
§ 301-274. Permit required; applicability. A. No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed, altered or modified to serve as a telecommunications tower without the issuance of a special use
131.Editor's Note: Original § 108-212 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage. 301:335 § 301-274 RIVERHEAD CODE § 301-275
permit(s) by the Town Board in conformity with the requirements of this article.132 B. Towers shall be permitted by special permit only in the following zoning use districts: APZ, PIP, PRP, RFC, DRC, SC, BC, CRC, Ind A, Ind C, RLC, and TRC, but shall not be permitted in whole or in part on any property used for residential purposes. C. New towers and antennas. All new towers and antennas in the Town shall be subject to these regulations, except as otherwise provided hereinbelow. D. Exceptions. The requirements set forth in this article shall not be applicable to: (1) Amateur radio operators' antennas and/or towers not exceeding 50 feet in height, which are owned and operated by a federally licensed amateur radio operator and which are located upon property that is the principal place of business or primary residence of the amateur radio operator. (2) Preexisting towers or antennas.
§ 301-275. General requirements. A. Principal and accessory use. Antennas and towers may be considered either principal or accessory uses. B. Lot size. For purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. C. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Town Board an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Town or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Town Board may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Town. The Town Board, by sharing such information, shall not be deemed to be in any way representing or warranting that such sites are available or suitable. D. Aesthetic requirements. All towers and antennas shall comply with the following requirements: (1) Towers shall be a neutral color so as to reduce visual obtrusiveness.
132.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:336 § 301-275 ZONING AND LAND DEVELOPMENT § 301-276
(2) At a tower site, the design of the buildings and related structures shall, to the extent practicable, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings. (3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as practicable. (4) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize to the maximum extent practicable the resultant disturbance to the surrounding views and properties. E. Signs. No signs shall be permitted on an antenna or tower.
F. Multiple antenna/tower plan. Users of towers and/or antennas submitting a single application for the approval of multiple towers and/ or antenna sites shall be given priority status in the review process.
§ 301-276. Permitted uses; determination by Building Department; appeals. A. Permitted uses. The following uses are deemed to be permitted uses and shall be subject to site plan approval but shall not be subject to a special use permit: (1) Antennas to be located on towers on property owned, leased or otherwise controlled by the Town of Riverhead or one of its special districts, provided that said property is subject to a license or lease authorizing such antenna which shall be approved by the Town Board, and provided that such towers or antennas comply with the written regulations promulgated by the Town Board. (2) Lawful or approved towers and antennas, which existed prior to the effective date of this article, except that any and all additions or expansions to existing towers and/or antennas shall be subject to the requirements of this section and article. (3) The location of additional new antennas on existing towers, so long as the same are in compliance with the following: (a) A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Building Department, in its discretion, shall permit reconstruction as a monopole. (b) Height. An existing tower may be modified or rebuilt with no additional separation to a greater height over the tower's
301:337 § 301-276 RIVERHEAD CODE § 301-277
existing height, in order to accommodate the co-location of a single additional antenna. B. Information required for applications for approval by the Building Department: (1) All information required under Chapter 217, Buildings, Building Construction and Improvements and Housing Standards, Parts 1 and 2, of the Code of the Town of Riverhead. (2) An application form as approved by the Building Department. C. The Building Department shall make a final determination to grant, grant with modifications and/or conditions and/or covenants or deny the application submitted pursuant to this section. D. The Zoning Officer within the Building Department may, in making said determination: (1) Permit the reconstruction of any existing tower to monopole construction to encourage the use of monopoles. (2) At his/her sole discretion, refer any application to the Zoning Board of Appeals. E. Upon a final determination by the Zoning Officer within the Building Department to deny, modify and/or impose conditions and/or covenants upon an application, the applicant may appeal to the Zoning Board of Appeals within 60 days of the final determination.
§ 301-277. Uses subject to special permits; requirements. A. Unless otherwise permitted by this article, the construction of new communications towers and/or the installation of antennas shall be permitted upon the issuance of a special permit by the Town Board, subject to the following: (1) Applications for special use permits under this section shall be subject to the provisions of § 301-3 of this chapter as specifically set forth therein under "special permits," except as otherwise modified in this article. (2) A certification, by an engineer licensed by the State of New York, that the towers/antennas meet or exceed current standard regulations of the FAA, the FCC and any other state or federal agency having authority to regulate towers or antennas. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a New York State licensed professional engineer. (3) A nonrefundable fee of $500. B. Special permit requirements for towers/antennas.
301:338 § 301-277 ZONING AND LAND DEVELOPMENT § 301-277
(1) Information required. Applications for a special use permit for a tower shall include the following: (a) A scaled site plan which meets all the requirements of Article LVI, Site Plan Review, §§ 301-302 through 301-307, of this chapter. (b) Setback distance between the proposed tower and: [1] Each property line. [2] Any existing residential dwelling(s) located on the same parcel or any adjoining parcels. [3] The property line of any parcel that is located in a zoning district that permits a residential use that is within 2,500 feet of the subject parcel. [4] All other structures located on the same property or any adjoining parcels. [5] Any existing tower(s) within 25,000 feet. (c) Separation distance(s) from other towers described in the inventory of existing sites submitted with the application shall be shown on an updated site plan or map, identification of the type of construction of the existing tower(s) and the owner/ operator of any existing tower(s), if known. (d) A written description of the application's compliance with all applicable requirements of this article and with all applicable federal, state and local laws. (e) A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users. (f) A description of the suitability of existing towers and/or other structures and/or alternative technology, and the services contemplated for the use of the proposed tower. (g) All information required for a special use permit in § 301-3 of this chapter. (2) Standards for consideration. (a) The Town Board shall consider the following factors in determining whether to issue a special use permit, in addition to the standards for consideration of special use permit applications set forth in § 301-3 of this chapter: [1] The height of the proposed tower.
301:339 § 301-277 RIVERHEAD CODE § 301-277
[2] The proximity of the tower to residential structures and residential district boundaries. [3] The nature of existing and/or proposed uses on adjacent and nearby properties. [4] The site and/or surrounding topography. [5] The surrounding tree coverage and foliage. [6] The design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. [7] The proposed ingress and egress. [8] The availability of suitable existing towers, other structures or alternative technologies not requiring the use of new towers and/or structures. (b) The Board may waive or reduce the burden on the applicant of one or more of these criteria if it concludes the goals of this article are better served thereby. (3) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Board that no existing tower, structure or alternative technology not requiring the construction/alteration of new towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit any information requested by the Town Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any or all of the following: (a) That no suitable (as to height and structural strength) towers or structures are located within the geographic area which meet the applicant's engineering requirements, or that the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna and/or that there are other limiting factors that render existing towers and structures unsuitable. (b) That the costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
301:340 § 301-277 ZONING AND LAND DEVELOPMENT § 301-277
(c) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitter/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. (4) Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required: (a) Towers shall be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line. (b) Accessory buildings shall satisfy the minimum zoning district setback requirements in the zoning district where the tower or antenna is proposed.
(5) Separation. The following separation requirements shall apply to all towers for which a special use permit is required; provided, however, that the Town Board may reduce the standard separation requirements if the goals of this article would be better served thereby: (a) Separation between towers. Separation distances between towers shall be applicable to and measured between the proposed tower and preexisting towers; separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan for the proposed tower. The separation distances between towers shall be 25,000 linear feet. (6) Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall be equipped with appropriate anti-climbing devices; provided, however, that the Town Board may waive such requirements as it deems appropriate. (7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Town Board may waive such requirements if the goals of this article would be better served thereby: (a) Tower facilities shall be landscaped utilizing a buffer of plant materials that effectively screens the view of the tower compound from residential property. Deciduous or evergreen tree plantings may be required. The standard buffer shall consist of at least one row of native mixed evergreen shrubs or trees capable of forming a contiguous hedge at least eight feet in height, which shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting shall be required on topsoil berms to
301:341 § 301-277 RIVERHEAD CODE § 301-280
assure plant survival. Plant height in these cases shall include the height of any berm. [Amended 6-7-2016 by L.L. No. 18-2016] (b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the Town Board. (c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases where such towers are sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
§ 301-278. Site plan application. An applicant must submit a site plan application to the Planning Department pursuant to the requirements of Article LVI, Site Plan Review, §§ 301-302 through 301-307, of this chapter. Such site plan application shall be submitted prior to any application for a special permit to the Town Board.
§ 301-279. Removal of abandoned antennas and towers. [Amended 6-7-2016 by L.L. No. 18-2016] Any antenna or tower that is not operated for a continuous period of 12 months shall be deemed abandoned. The owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Town notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. In the event that two or more entities are using a single tower, then this provision shall not apply unless all uses cease with respect to such tower.
§ 301-280. Nonconforming uses. Preexisting towers shall be permitted as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance of a preexisting tower shall comply with the requirements of this chapter.
301:342 § 301-281 ZONING AND LAND DEVELOPMENT § 301-282
ARTICLE LII Commercial Solar Energy Production Systems [Added 10-7-2014 by L.L. No. 14-2014]
§ 301-281. Purpose; permitted districts; definitions. [Amended 2-6-2018 by L.L. No. 2-2018] A. It is the intention of the Town Board of the Town of Riverhead, as part of its goal to limit dependence on imported fossil energy and decrease greenhouse gas emissions, to permit commercial solar energy production systems in the industrial zoning use districts to minimize impacts to residents and scenic viewsheds important to the community. B. Commercial solar energy production systems shall be allowed with special permit approval by the Town Board in the Light Industrial (LI) Zoning Use District, Industrial A (Ind A) Zoning Use District, Industrial B District (General Industry) and the Planned Industrial Park (PIP) District. C. Commercial solar energy production systems shall be allowed with special permit approval by the Town Board in the Industrial C (Ind C) Zoning Use District that is located within the zip code boundary of Calverton. D. Definitions. As used in this section, the following terms shall have the meanings indicated: LOT COVERAGE — The lot coverage shall include the total square footage of the perimeter of all of the solar panels, inclusive of all interior spaces between the panels, in addition to driveways and service roads (paved or stone), and all accessory equipment, buildings and structures.
§ 301-282. Use regulations. Commercial solar energy production systems shall be permitted as a permitted use or as allowed with special permit approval as provided in § 301-281. In addition to the requirements set forth in this chapter, all such permitted and special permit uses shall be subject to the following criteria and subject to site plan approval by the Planning Board: A. The commercial solar energy system shall be on a parcel of not less than six acres. [Amended 2-6-2018 by L.L. No. 2-2018] B. All ground-mounted panels shall not exceed the height of eight feet. C. All mechanical equipment of commercial solar energy systems, including any structure for batteries or storage cells, are completely enclosed by a minimum eight-foot-high fence with a self-locking gate. D. Notwithstanding any requirement in §§ 301-115, 301-118, 301-123 and 301-127 of this chapter, the total surface area of all ground-mounted
301:343 § 301-282 RIVERHEAD CODE § 301-282
and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 75% of the total parcel area. [Amended 2-6-2018 by L.L. No. 2-2018] E. The installation of a minimum twenty-five-foot vegetated perimeter buffer to provide year-round screening of the system from adjacent properties and a minimum fifty-foot vegetative buffer along roads. [Amended 2-6-2018 by L.L. No. 2-2018] F. All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. G. All on-site utility and transmission lines are, to the extent feasible, placed underground. H. The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. I. The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. J. The minimum setback for equipment and panels adjacent to a commercial or industrial property shall be 25 feet. [Amended 2-6-2018 by L.L. No. 2-2018]
K. The maximum lot coverage shall be 75%. [Amended 2-6-2018 by L.L. No. 2-2018] L. (Reserved)133
M. The minimum natural open space shall be 25%. [Added 2-6-2018 by L.L. No. 2-2018] N. The minimum setback of panels from a residential building or zoning district shall be 100 feet. [Added 2-6-2018 by L.L. No. 2-2018] O. The minimum buffer adjacent to a commercial or industrial property shall be 25 feet. [Added 2-6-2018 by L.L. No. 2-2018]
P. The maximum height of the panels shall not exceed eight feet. [Added 2-6-2018 by L.L. No. 2-2018] Q. Any special permit approval granted under this article shall have a term of 20 years, commencing from the issuance of a certificate of occupancy or certificate of compliance, which may be extended for additional five- year terms upon application to the Town Board. [Added 2-6-2018 by L.L. No. 2-2018]
133.Editor's Note: Former Subsection L, Decommissioning/removal, was repealed 2-6-2018 by L.L. No. 2-2018. See now Subsection S. 301:344 § 301-282 ZONING AND LAND DEVELOPMENT § 301-282
R. A building permit may be required for replacing solar panels and accessory equipment as determined by the Chief Building Inspector. [Added 2-6-2018 by L.L. No. 2-2018]
S. Decommissioning/removal. [Added 2-6-2018 by L.L. No. 2-2018] (1) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Riverhead. (2) This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this
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chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter.
T. Exclusions/grandfathered applications. [Added 2-6-2018 by L.L. No. 2-2018] (1) Where a public hearing has been held on a special permit or site plan application, that application shall be excluded from complying with the requirements of these amendments.
§ 301-283. Decommissioning plan; fees. A. All applications for a commercial solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the commercial solar energy system. Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the Town Attorney, which shall be based upon an estimate approved by the Town's consulting engineer or Town Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan. Prior to removal of a commercial solar energy system, a permit for removal activities shall be obtained from the Building Department. The decommissioning plan shall include the following provisions: (1) Restoration of the surface grade and soil after removal of aboveground structures and equipment. (2) Restoration of soil areas with native seed mixes and/or plant species suitable to the area, which shall not include any invasive species. (3) Retention of access roads, fences, gates or buildings or buffer plantings, as required at the discretion of the Town.
(4) Restoration of the site for agricultural crops or forest resource land, as applicable. (5) The disposal of all solid and hazardous waste shall be in accordance with all local, state, and federal waste disposal regulations. (6) An applicant of a commercial solar energy system comprising more than 10 acres shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in the amount and form deemed to be reasonable by the Town Engineer. Such surety will not be required for municipal or state-owned facilities. The applicant of the facility shall submit a fully inclusive estimate of the cost associated with removal, prepared by a professional engineer.
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B. The fee for site plan applications for commercial solar energy production systems shall be calculated and paid as provided under § 301-305G of this chapter. [Amended 8-7-2018 by L.L. No. 13-2018]
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§ 301-283.1 ZONING AND LAND DEVELOPMENT § 301-283.2
ARTICLE LIIA Farm Stand Review [Added 10-6-2015 by L.L. No. 18-2015]
§ 301-283.1. Purpose and intent. As reflected in the Town's 2004 Comprehensive Master Plan and various provisions of the Town Code, the Town of Riverhead seeks to not only preserve the prime agricultural soils but to encourage, promote and support farming and the local farm economy. This article is designated to provide a mechanism to reduce costs and expedite farm stand review for a limited number of direct farm marketing techniques to enable local farmers and growers to market their agricultural products directly to consumers and, in turn, bolster the local economy.
§ 301-283.2. Definitions. As used in this article, the following terms shall have the meanings indicated: ENHANCED AGRICULTURAL PRODUCTS — Agricultural products which are processed beyond cutting, drying, freezing, or packaging. The agricultural products have added ingredients not produced on the farm and may be cooked, cultured, canned or bottled with more than 51% of the ingredients containing agricultural products produced on the farm or regionally grown. FARM DIRECT MARKETING — The sale of agrifood products directly to the consumer. It is market-focused relationship marketing. Producers know their target market and sell products that meet the specific needs of their consumers. A fundamental component of farm direct marketing is the trust relationship that develops between producers/processors and consumers. Successful farm direct marketers assume the accountability and rewards of consistently supplying quality agricultural products directly to the consumer through a variety of marketing channels. FARM STAND — Any temporary or permanent structure owned or operated by the farmer or grower for the sale and display of on-farm produced agriculture products, including but not limited to fruits, vegetables, flowers, nursery products, eggs, and dairy products. In addition to on-farm produced agriculture products, a farm stand may include the sale of regionally produced agricultural products and enhanced agricultural products, provided that the regionally produced agricultural products and enhanced agricultural products shall not exceed 40% of the products offered for sale. A farm stand includes roadside stands and u-pick operations where the customer comes to purchase agricultural products but shall not include buildings or structures used for processing operations, except for instance processing, i.e., bagging or cutting and minimally processed without any additional ingredients, retail food service establishments, retail food stores or food warehouses. A farm stand may include sale of decorative containers, pots, tins and such other nonagricultural products directly related to
301:349 § 301-283.2 RIVERHEAD CODE § 301-283.2 presentation and packing for sale of the agricultural products, and such items shall not be deemed to constitute the 40% of regionally grown or enhanced agricultural products. FOOD SERVICE ESTABLISHMENT — Any place where food is prepared and intended for individual portion service and includes the site at which individual portions are provided, whether consumption occurs on or off the premises, or whether or not there is a charge for the food. FOOD WAREHOUSE — Any food establishment in which food is held for commercial distribution. PRINCIPAL USE — The principal permitted use as listed in the zoning district and/or as legally approved on the subject property. If property is improved with a single-family dwelling or any such other residential structure, except agricultural worker housing, provided said agricultural housing complies with all provisions of the Town Code and has a valid certificate of occupancy and/or certificate of preexisting use, the residential use of the subject property shall be deemed to be the principal use of the subject property. Notwithstanding the definition of "principal use," a property improved with a residential dwelling may qualify for agricultural production as a second or dual principal use, provided that: A. The lot exceeds the minimum lot size for the zoning district; B. Agricultural production is a principal permitted use in the zoning district where the property is situated; C. The agricultural production on the subject property is limited to and consists of growing, cultivating and harvesting fruits, vegetables, flowers, nursery and horticultural products, eggs, and dairy; D. The portion of the lot in agricultural production exceeds the portion used and related to residential use (i.e., residential use includes driveways, front, side and rear yard areas, garages, decks); and E. The agricultural production qualifies for an agricultural tax assessment pursuant to the New York State Department of Taxation and Finance, New York State Department of Environmental Conservation, United States Department of Agriculture or such other local, state or federal entity qualifying and certifying that the land is in bona fide agriculture production. PROCESSING — The washing, grading, and packaging of on-farm and regionally grown agricultural products. REGIONALLY GROWN — Grown on a farm located within the State of New York and/or within a radius of 250 miles of the farm. RETAIL FOOD STORE — Any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term does not include establishments which handle only prepackaged, nonpotentially hazardous foods, roadside
301:350 § 301-283.2 ZONING AND LAND DEVELOPMENT § 301-283.5 markets that offer only fresh fruits and fresh vegetables for sale, food service establishments, or food and beverage vending machines. ROADSIDE STAND — A temporary structure for sale of on-farm produced agriculture products, including but not limited to fruits, vegetables, flowers, nursery products, eggs, and dairy products. In addition to on-farm produced agriculture products, a roadside stand may include the sale of regionally produced agricultural products and enhanced agricultural products, provided that the regionally produced agricultural products and enhanced agricultural products shall not exceed 40% of the products offered for sale. U-PICK — Operations where the customer comes to the farm to pick the fruits, vegetables or horticulture for ultimate purchase by the customer.
§ 301-283.3. General provisions. The Planning Board may allow for farm stand review and approval for the construction of roadside stands, u-pick operations, and farm stands rather than the requirement of a site plan and adherence to the site plan review process set forth in Article LVI, Site Plan Review, of this chapter, subject to an applicant's ability to meet the criteria set forth in § 301-283.4 and subject to the provisions and procedures set forth below.
§ 301-283.4. Eligibility criteria. A. The applicant must submit proof that the existing use of the subject parcel is agricultural production as defined by § 301-3 and that the subject parcel is in the agricultural program and/or qualifies for an agricultural tax assessment pursuant to the New York State Department of Taxation and Finance, New York State Department of Environmental Conservation, United States Department of Agriculture or such other local, state or federal entity qualifying and certifying that the land is in bona fide agriculture production as of the date of application for farm stand review. B. The applicant must submit proof that the existing use agricultural production is the principal and primary use of the subject parcel as defined in this article. C. The applicant must submit proof that the use, agricultural production, and the proposed improvements meet and conform to all the requirements of this chapter, including but not limited to the dimensional table, parking schedule, and lighting. Note: Compliance with the parking schedule shall not require that parking areas be improved or paved; simply the area designated for parking area shall meet the size and dimensional requirements for the use.
§ 301-283.5. Application requirements. A completed application shall consist of the following items, unless written request for waiver(s) is granted by the Board:
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A. A completed application form, accompanied by: (1) The names and addresses of all abutting property owners taken from the Town records not more than five days before the day of filing. (2) The names and addresses of all persons whose names and seals appear on the sketch plan and plot plan. (3) The names and addresses of all holders of conservation, preservation or agricultural preservation restrictions. (4) A letter of authorization from the owner, if the applicant is not the owner. (5) A sketch plan as set forth in § 301-283.6. (6) A plot plan as set forth in § 301-283.7.
(7) The NRCS and/or Suffolk County Soil Conservation report and recommendation of the plot plan as set forth in § 301-283.10. (8) An expedited farm stand fee (if required).
§ 301-283.6. Sketch plan. The applicant for farm stand review shall submit a sketch plan setting forth the following: A. A location map (e.g., Tax Map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. B. Show the proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas, or manure storage/manure composting sites. C. Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings. D. Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner. E. If any new structures are going to be located adjacent to a stream or wetland, provide a copy of the Floodplain Map and Wetland Map that corresponds with the boundaries of the property.
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§ 301-283.7. Plot plan. In addition to a sketch plan, an application for farm stand review shall require the submission of a plot plan, which shall include the following items: A. Boundary survey, including bearings, horizontal distances and the location of permanent markers; lots numbered according to the Town Tax Map numbering system. B. Location and amount of frontage on public rights-of-way. C. Location of existing and proposed buildings with all setback lines. D. Location of existing and proposed buildings and other structures. E. Location and description of any existing or proposed easements. F. Location of existing and proposed water mains, culverts, drains, wells, sewers and proposed connections or alternative means of providing water supply and disposal of sewage. G. Location and width of existing and proposed driveways. H. Location of existing features of the site, including land and water areas, rock ledges, stone walls, existing and proposed foliage lines, open space to be preserved, and any other man-made or natural features on or immediately adjacent to the site. I. Base flood elevations and flood hazard areas, based on available FEMA maps, if applicable.
§ 301-283.8. Additional information to be submitted with application. Other information: A. Any deed restriction and all deeds covering land to be used for public purposes, easements and rights-of-way over property to remain in private ownership and rights of drainage across private property, submitted in a form satisfactory to the Board's counsel. B. Any other state and/or federal permits. C. Any additional reports or studies deemed necessary by the Planning Board to make an informed decision. The Planning Board reserves the right to request such information after an application has been accepted as complete, as well as before acceptance; however, the Planning Board shall adhere to the notice and time parameters set forth in § 301-283.11.
§ 301-283.9. Septic systems and water supply.
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A. In areas not currently served by public sewer systems and to the extent applicable, it shall be the responsibility of the applicant to prove that the area of the lot is adequate to permit the installation and operation of an individual septic system and obtain approval from the Suffolk County Department of Health Services. B. All new wells shall comply with the regulations of the Suffolk County Department of Health Services.
§ 301-283.10. Stormwater management and erosion control. A. The applicant must submit all plans for improvement of the subject parcel identified in the plot plan to NRCS and/or Suffolk County Soil Conservation for report, recommendation and/or approval of the plot plan as same relates to stormwater and erosion control and submit the report together with the application and all such other submission requirements. B. The applicant shall comply with all provisions of Chapter 275, Article I, Stormwater Management, of the Code of the Town of Riverhead, and to the extent that the proposed improvements do not qualify for an exemption under Chapter 275, Article I, to the extent applicable, the applicant may seek exemption under the provisions of the memorandum of understanding between the NYS DEC, NYS Agriculture and Markets and NYS Soil and Water Conservation Committee.
§ 301-283.11. Time parameters for farm stand review. A. Upon receipt of an application for farm stand review, the Planning Department shall refer the application, together with all submissions, to the Agricultural Advisory Committee, or, in the case of property wherein development is restricted due to a conservation easement or deed of development rights, the Farmland Committee, for review, comment or recommendation. The Agricultural Advisory Committee or Farmland Committee, as the case may be, shall issue comments or recommendations for Planning Board consideration within 30 days of receipt and file the same with the Planning Department, and, in turn, the Planning Department shall refer the application to the Planning Board. B. The Planning Board shall adhere to the following time parameters: (1) The Planning Board shall commence review of all aspects of the application for expedited farm stand review, including the plot plan (sketch), proposed structure, parking, etc., within 30 days of referral to the Planning Board. A copy of the application, together with all submissions, shall be referred to the Planning Department and/or the Town's engineering consultant, and any such other department or committee deemed appropriate by the Planning Board, within 15 days of receipt of an application.
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(2) The departments and committees listed above shall make recommendation to the Planning Board within 30 days from referral, and, in turn, the Planning Board shall make a final determination within 60 days of receipt of an application. (3) In the event that the Planning Board determines that the application is incomplete or information must be supplemented, modified, or addressed necessary to complete review, the Planning Board shall advise the applicant within 30 days of receipt of the application. The Planning Board shall provide the applicant 30 days to supplement, modify or address comments or request for information and extend the review period for an additional 30 days to make a determination. Note: Nothing herein shall prohibit an applicant from seeking permission to extend the time to change, modify, or address aspects of the farm stand, project or development; however, such time shall extend the Planning Board review period for an additional 30 days for receipt of an application deemed complete.
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§ 301-284 ZONING AND LAND DEVELOPMENT § 301-284
Part 4 Subdivision And Land Development
ARTICLE LIII Subdivision Regulations [Added 5-17-1977]
§ 301-284. Declaration of policy. [Amended 9-19-1978; 11-1-2016 by L.L. No. 27-2016] A. By the authority of the resolution of the Town Board of the Town of Riverhead adopted on January 28, 1948, and amended on September 19, 1978, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Riverhead is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, and to approve preliminary plats within that part of the Town outside the limits of any incorporated city or village. The Planning Board is further authorized and empowered to approve the development of plats already filed in the office of the Suffolk County Clerk or Register of Suffolk County if such plats are entirely or partially undeveloped. It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be as laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Master Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds. In order that land subdivisions may be made in accordance with this policy, this article, which shall be known as and which may be cited as the "Town of Riverhead Land Subdivision Regulations," has been adopted by the Planning Board and approved by the Town Board. B. Notwithstanding the provision above, the Town Board shall be vested with such identical powers and authority as bestowed upon the Planning Board with respect to review and approval of plats showing lots, blocks and sites, be it related to major, minor or industrial subdivision of land, located within urban renewal designated areas pursuant to Article 15 of the General Municipal Law filed on or after the effective date of the adoption of this provision. To the extent the Town Board acts as the agency reviewing subdivision pursuant to this article
301:357 § 301-284 RIVERHEAD CODE § 301-285
of the Town Code, references to the "Planning Board" in connection with subdivision review shall be interpreted to mean the "Town Board." This provision, § 301-284B, is adopted pursuant to the statutory authority/supersession provisions set forth Municipal Home Rule Law and is consistent with Articles 15 and 15-A of the General Municipal Law and Chapter 423 of the Laws of 2013. It expressly supersedes any provisions of the Town Code of the Town of Riverhead and Articles 4 and 16 of Town Law of the State of New York, including §§ 271, 276, 277, 278 and 279.
§ 301-285. Standard yield requirements. [Added 9-19-1989] A. A standard yield plan shall be submitted to the Planning Board in its consideration of all subdivisions of land in order to determine the appropriate number of building lots which can be created from the subject tract. The standard yield plan shall conform in all respects to both the dimensional requirements set forth in this chapter and the Zoning Use District Schedule, as well as the provisions of this article. The location of land to be offered for dedication for recreational purposes to satisfy the requirements of this article shall be shown on the standard yield plan unless the Planning Board has determined that a fee will be accepted in lieu of a parkland dedication pursuant to § 301-289B(14). The standard yield plan shall exclude the following features from consideration as areas contributing to total lot yield: (1) Water surfaces. (2) Tidal marsh and freshwater wetland areas as defined by § 295-3 of Chapter 295, Wetlands, of the Riverhead Town Code. (3) Horizontal area of escarpments, bluffs or the seaward faces of primary dunes. (4) Beaches below mean high water as defined by the United States Coast and Geodetic Survey Quadrangle Benchmark Elevations and tidal values for the respective area and any beach lying between the aforementioned mean high-water line and the area referenced in Subsection A(3) of this section. (5) Areas required for park dedication pursuant to this article. (6) Areas required for recharge of stormwater pursuant to this article. (7) Areas required for the provision of public highways pursuant to this article. (8) Areas required for proposed utilities for public facilities, except minor utility easements of direct service to the subdivision. B. For the purposes of this section, the "area contributing to total lot yield" and "lot area" shall not have identical meaning. The "total lot yield" shall be the total number of lots which will result from the division of a
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parcel of real property. The "lot area" of a proposed parcel may include areas described in Subsection A(1) through (4), provided that the proposed lot shall have the minimum lot area required by the respective zoning use district, exclusive of those areas described in Subsection A(1) through (4) of this section. C. For the purposes of this section, standard yield plans shall clearly depict the areas listed in Subsection A of this section and shall provide specific area calculations of proposed parcels and excluded areas.
§ 301-286. Stormwater pollution prevention plans. [Added 12-18-2007 by L.L. No. 42-2007; amended 12-16-2008 by L.L. No. 52-2008; 11-18-2014 by L.L. No. 21-2014] A stormwater pollution prevention plan consistent with the requirements of the Code shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 275-6 of the Code. The approved final subdivision plat shall be consistent with the provisions of the Code. Land development/redevelopment activity, as the term is defined in Riverhead Town Code § 275-2, is expressly prohibited absent submission of a stormwater pollution prevention plan and approval by the Town of Riverhead's Stormwater Management Officer.
§ 301-287. Conditions of preliminary major and minor subdivision approval. [Added 11-18-2014 by L.L. No. 21-2014] As a condition of preliminary major and minor subdivision approval, the applicant, applicant's agent, assigns or representative is prohibited from conducting land development/redevelopment activity, including, but not limited to, clearing, grading, excavating, soil disturbance of any kind or degree, or the importation or placement of fill in any composition or quantity on the subject property, inclusive of its presently constituted use and condition.
§ 301-288. Minor subdivisions. A. Procedure. (1) Sketch plan. A sketch plan prepared in accordance with Subsection B of this section may be submitted. The subdivider shall submit six paper prints of the sketch plan, clearly marked "Sketch Plan of Minor Subdivision," and a digital copy of the sketch plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plan, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine that the proposed minor subdivision does not create traffic, safety or drainage problems and
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does not significantly affect the development of surrounding properties. The Planning Board must be satisfied that the subdivision is not a plan to circumvent the Subdivision Regulations of the Planning Board of the Town of Riverhead for a larger parcel of property. If the Planning Board finds that the sketch plan, or sketch plan as modified, meets the purposes of this article, the subdivider or his agents may proceed with the preparation of a minor subdivision plan. [Amended 4-19-2005 by L.L. No. 10-2005] (2) Minor subdivision plan. (a) The subdivider shall submit 10 paper prints of a map, clearly marked "minor subdivision plan," in accordance with the requirements herein set forth, and a digital copy of the minor subdivision plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be protected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the minor subdivision plan is amended, the subdivider shall submit a digital copy of each amendment to the minor subdivision plan. If the subdivider has not submitted a sketch plan, the Planning Board shall determine that the proposed subdivision does not create traffic, safety or drainage problems and does not significantly affect the development of surrounding properties, and the Planning Board must be satisfied that the subdivision is not a plan to circumvent the Subdivision Regulations of the Planning Board of the Town of Riverhead for a larger parcel of property. [Amended 4-19-2005 by L.L. No. 10-2005] (b) If the Planning Board finds that the minor subdivision plan meets the purposes of this article, the Planning Board will adopt a resolution approving the minor subdivision plan and cause a copy of the resolution, together with a copy of the minor subdivision plan, to be filed with the Building Inspector.
(c) If the lots shown on the minor subdivision plan are not conveyed or devised by will prior to a change or amendment to this chapter which would make the lots nonconforming to this chapter, the approval shall be deemed null and void. (d) Before granting final approval to a minor subdivision plan, the Planning Board of the Town of Riverhead shall require a covenant restricting the subdivision of any lot or remaining parcel of land which could be further subdivided into lots meeting the area and width requirements of this chapter until a major or minor subdivision plan is submitted to the Planning Board complying with the rules and regulations of the Planning Board for the subdivision and platting of land. The instrument containing the hereinafter set forth covenant above referred to
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must be recorded in the Suffolk County Clerk's office at the expense of the subdivider, and a certified copy of the filed covenant shall be submitted to the Clerk of the Planning Board of the Town of Riverhead. The covenant shall be executed by the owner of the entire parcel of land being subdivided and/ or shall be executed by the purchaser of a parcel of land, designated as a lot.
B. Sketch plan. The sketch plan shall show the following information: [Amended 9-20-1983] (1) The name of the owner or identifying title and the name of the hamlet, town and county in which the land is located. (2) Names and addresses of record owner, subdivider and engineer or surveyor of design of sketch plan. (3) Tax Map numbers. (4) Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision. (5) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. (6) The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided. (7) Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets. (8) Date, North point and scale. (9) Key map: (a) Scale: one inch equals 600 feet. (b) One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway. (c) Relationship to the primary and secondary highway system and main intersections. (d) Boundary lines indicating building zone districts and any other special districts. (e) Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
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(10) The proposed lot lines with appropriate dimensions. (11) Easements. (12) Area of lots and total acreage of entire tract and of each building zone district within the tract. (13) Zoning district or districts. C. Minor subdivision plan. The minor subdivision plan shall be prepared by a licensed surveyor or licensed engineer permitted to perform land surveying pursuant to the State Education Law § 7208, Subdivision m, and shall show the following information: [Amended 9-20-1983; 12-4-1984] (1) The name of the owner or identifying title and the name of the hamlet, town and county in which the land is located. (2) Names and addresses of record owner, subdivider, and engineer or surveyor of design of minor subdivision plan. (3) Tax Map numbers. (4) Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision. (5) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. (6) The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided. (7) Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets. (8) Date, North point and scale. (9) Easements. (10) Contours, when required by the Planning Board, and the contour intervals as set forth by the Planning Board; and elevations of existing roads, when required by the Planning Board, at points of change in grade and at one-hundred-foot intervals. (11) Key map: (a) Scale: one inch equals 600 feet. (b) One or more monuments in the subdivisions indicating the dimensional relationship to an existing established point or monument on a highway. 301:362 § 301-288 ZONING AND LAND DEVELOPMENT § 301-288
(c) Relationship to the primary and secondary highway system and main intersections. (d) Boundary lines indicating building zone districts and any other special districts. (e) Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries. (12) An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. (13) The bearings and dimensions of the lines of each lot. (14) Area of each lot in square feet and total acreage of entire tract and of each building zone district within the tract. (15) Zoning district or districts.
(16) The approval of the Suffolk County Department of Health Services, when required by the Planning Board, for the method of water supply and sewage disposal. D. Application and fee. (1) A letter of application, together with the requisite number of copies of the sketch plan for minor subdivision or the subdivision plan of minor subdivision, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at that meeting. [Amended 12-6-1977; 10-30-1984; 6-4-2019 by L.L. No. 16-2019] (2) All applications for the consideration of a minor subdivision shall be accompanied by a fee of $500, plus $200 per lot; if the lots are merged or if an internal change in the lot lines occurs, the fee shall be $500, plus $50 per lot; if a major subdivision is to be treated as a minor subdivision, the fee shall be $500, plus $100 per lot; if a minor subdivision is taken from a proposed major subdivision, the fee shall be $500, plus $100 per lot. [Amended 1-20-1987; 12-29-1989; 7-3-1990; 6-4-2019 by L.L. No. 16-2019] (3) The applicant shall erect a sign giving notice that an application to the Planning Board is pending and giving the date, time and place where the regular meeting for consideration of the application, or adjourned date, will be held. The sign will be furnished by the Town of Riverhead. It shall not be set back more than 10 feet from the property line and shall not be less than two nor more than six feet above the grade at the property line. It shall be displayed for a period of not less than seven days immediately preceding a regular meeting for consideration of the application or any adjourned date. The applicant shall file with the Planning Board an affidavit that he has complied with the provisions of this section. No application shall be considered unless such affidavit has been filed.
301:363 § 301-288 RIVERHEAD CODE § 301-289
(4) (Reserved)134 (5) Where the Planning Board deems it to be in the best interest of the residents of the Town of Riverhead to require the developer to establish recreational facilities to serve the residences created by the minor subdivision, and if the minor subdivision shall have insufficient or unsuitable land available within which to create recreational facilities, it shall require the developer to deposit a payment in the amount of $3,000 per each lot in the subdivision, effective immediately. In lieu of a cash payment, the subdivider may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit or passbook is deposited, the fee of $3,000 shall be paid to the Town of Riverhead prior to the issuance of each certificate of occupancy for residential structures within the subdivision by the Building Inspector. The balance shall be payable in full on the second anniversary date on which this certificate of deposit or passbook was deposited and shall be withdrawn from such account by order to the Town Board. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The amended fee of $3,000 shall apply to all subdivisions which receive final plat approval after the effective date of this Subsection D(5). [Added 8-15-2006 by L.L. No. 33-2006; amended 12-20-2011 by L.L. No. 26-2011]
§ 301-289. Major subdivisions. A. Procedure. (1) Sketch plans. Three alternative sketch plans prepared in accordance with § 301-288B may be required to be submitted. One of the three sketch plans may be required to be a cluster development. The subdivider shall submit 12 paper prints of each sketch plan, clearly marked "sketch plan," and a digital copy of the sketch plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the sketch plan is amended, the subdivider shall submit a digital copy of each amendment to the sketch plan. The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plans, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine whether any of the sketch plans meet the purposes of this article and shall, where it deems necessary, make specific recommendations so that the subdivider or his agents may proceed with the preparation of a
134.Editor's Note: Former Subsection D(4), regarding electronic records retention fees, added 4-19-2005 by L.L. No. 11-2005, was repealed 5-22-2019 by L.L. No. 14-2019. 301:364 § 301-289 ZONING AND LAND DEVELOPMENT § 301-289
preliminary plat. [Amended 5-16-1978; 9-20-1988; 4-19-2005 by L.L. No. 10-2005] (2) Preliminary plat. The subdivider shall submit 13 paper prints of the preliminary plat, clearly marked "preliminary plat," in accordance with the requirements herein set forth, and the Planning Board will hold a public hearing in accordance with Subdivision 5 of § 276 of the Town Law. The subdivider shall submit a digital copy of the preliminary plat in a common computer-aided design (CAD) file format, among them DON, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the preliminary plat is amended, the subdivider shall submit a digital copy of each amendment to the preliminary plat. Subsequent to the preliminary plat hearing, the Planning Board shall forward one copy of said preliminary plat to the respective fire district. The fire district shall forward comments to the Planning Board within 10 working days of referral. [Amended 4-15-1997; 4-19-2005 by L.L. No. 10-2005135] (3) Final plat. The subdivider shall submit one linen print and 12 paper prints and shall submit the copies required for filing in the County Clerk's office and may submit the linen tracing to the Planning Board within the time and in accordance with the requirements set forth in § 276 of the Town Law, in accordance with the requirements herein set forth and in accordance with any other applicable state law or local law, ordinance, rule, regulation or resolution. The subdivider shall submit a digital copy of the final plat in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the final plat is amended, the subdivider shall submit a digital copy of each amendment to the final plat. [Amended 9-20-1988; 4-19-2005 by L.L. No. 10-2005]
(4) Improvements. After the approval of the final plat, the subdivider shall submit to the Town Board a properly executed performance bond or other security as provided in § 277 of the Town Law, in an amount to be determined by the Planning Board, for review and approval by the Town Board. The performance bond shall run for a period of two years, with such performance bond or other security to be extended, upon written request, for two-year terms at the discretion of the Town Board in an amount to be determined by the Planning Board for such extension. There shall be a fee of $2,000 imposed for each two-year extension granted beyond the initial two-year period. Nothing herein shall extend the statutory Town Law provisions relating to an exemption from amendments to this
135.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:365 § 301-289 RIVERHEAD CODE § 301-289
chapter and bulk area requirements beyond the three years set forth in such statute. In the event that any required improvements have not been installed or constructed within the term of the original security agreement or its authorized extension(s), the Town Board will thereupon declare the security agreement to be in default and collect the sum remaining payable thereunder, and, upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security. [Amended 3-4-1987; 2-22-2006 by L.L. No. 10-2006136] (5) Filing. Upon the approval of the final plat, signed by a duly authorized officer of the Planning Board, the subdivider shall file the plat in the office of the County Clerk within the time specified in Subdivision 11 of § 276 of the Town Law.137 (6) The Planning Board will recommend to the Town Board the release of the performance bond upon the satisfactory completion of all work covered in the bond. After the Town Board and Highway Superintendent have approved the improvements for acceptance and approved release of the performance bond, the subdivider will be required to furnish a one-year maintenance bond to be approved simultaneously with the release of the performance bond, such maintenance bond to be in an amount equal to 33 1/3% of the original face value of the performance bond at the time of acceptance of public improvements. During the one-year period of the maintenance bond, the subdivider will be responsible for the repair, replacement or maintenance of all construction work, materials, trees and landscaping. [Added 3-4-1997] B. General requirements. The subdivider shall observe the following general requirements and principles of land subdivision: (1) In general, the proposed subdivision shall conform to the Master Plan, if any, affecting the area. (2) The arrangement of streets in the subdivision shall provide for the continuation of principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided, and such streets shall be of a width at least as great as that of such existing connecting streets. (3) In general, main highways and secondary highways shall be of adequate width as may be designated by the Board. The width of minor streets shall not be less than 55 feet.
136.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 137.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:366 § 301-289 ZONING AND LAND DEVELOPMENT § 301-289
(4) Dead-end or cul-de-sac streets shall not in general exceed 400 feet in length and shall be equipped with a turnaround roadway having a minimum radius equal to the width of the street. (5) Block lengths generally shall not exceed 1,200 feet in length. (6) Pedestrian walks or easements for underground utilities not less than 10 feet in width may be required near the center of all blocks over 800 feet in length. (7) Each normal block shall be planned to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets and containing interior parks will be acceptable when properly designed. (8) Curb radii at intersections shall be not less than 20 feet, and property lines shall be adjusted accordingly. (9) Sidelines of lots, so far as practicable, shall be at right angles or radial to street lines. (10) Reversed frontage of lots at street intersections shall be avoided where possible. (11) Grades of all streets shall be the reasonable minimum but shall not be less than 25% nor more than 5% for main thoroughfares nor more than 10% for minor streets. (12) In case a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision. (13) Reserve strips. In general, no reserve strips controlling access to land dedicated to public use will be permitted. (14) Park and playground sites. (a) The Planning Board may require that land be reserved for park, playground or other recreational purposes. The Planning Board may require that a cash payment be deposited with the Town Board in a special fund as required by § 277 of the Town Law where the Planning Board deems that land would be inadequate and unsuitable for use as a park, playground or other recreational purposes. (b) Land reserved for recreational purposes shall have an area of five acres for each 100 lots shown on the plan, or proportional thereto. Any parcel of land reserved for recreational purposes shall have an area of at least one acre. In meeting these requirements, the Planning Board may require or the developer may reserve more than one acre within the subdivision for park, playground or recreational purposes, but in no case shall any reserved area be of less than one acre.
301:367 § 301-289 RIVERHEAD CODE § 301-289
(c) Where the Planning Board deems it to be in the best interest to require the developer to deposit a payment, the amount to be paid shall be at the rate of $3,000 per each lot in the subdivision, effective immediately. In lieu of a cash payment, the subdivider may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit or passbook is deposited, the fee of $3,000 shall be paid to the Town of Riverhead prior to the issuance of each certificate of occupancy for residential structures within the subdivision by the Building Inspector. The balance shall be payable in full on the second anniversary date on which this certificate of deposit or passbook was deposited and shall be withdrawn from such account by order to the Town Board. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The fee of $3,000 shall apply to all subdivisions which receive final plat approval after the effective date of this Subsection B(14)(c). [Amended 4-2-1991; 3-4-1997; 9-19-2000 by L.L. No. 9-2000; 8-15-2006 by L.L. No. 33-2006; 3-15-2011 by L.L. No. 6-2011; 12-20-2011 by L.L. No. 26-2011] (d) Where land is to be reserved for park, playground or other recreational purposes, the developer shall submit a proposed plan for the development of this area in line with the proposed recreational use, which plan shall be reviewed by the Planning Board. The Planning Board may approve the same or require amendments or changes thereto before granting its approval. The developer shall also submit an estimate of cost to construct the improvements shown on the plan. The Planning Board will review the estimate and approve or revise the amount of the estimate and, if the construction is not completed prior to the approval of the final subdivision plan, will require a performance bond to insure that the improvements will be completed.
(e) If the Planning Board shall require that certain land be reserved for park, playground or other recreational purposes and a cash deposit be made, the cash deposit shall be equal to the amount hereinbefore set forth, e.g., $3,000 for each lot in the subdivision, less the cost of land reserved at the rate of $5,000 per acre and less the cost of the amount approved for the construction of the improvements in the recreational area. The amended fee of $3,000 shall apply to all subdivisions which receive final plat approval after September 1, 2000. [Amended 9-19-2000 by L.L. No. 9-2000] (f) The developer shall present a proposal in the form of covenants and restrictions which will be set forth in the deed of conveyance for lots within the subdivision to adequately
301:368 § 301-289 ZONING AND LAND DEVELOPMENT § 301-289
ensure a proper maintenance of the recreational area. The Planning Board shall approve such covenants and restrictions or require amendments or changes thereto before granting its approval. Upon approval of the covenants and restrictions, the developer shall, prior to the approval of the final subdivision plat, file a declaration with the Town Board of the Town of Riverhead that the covenants and restrictions will be a part of each deed for the lots shown on the subdivision plat. (15) All required improvements shall be constructed or installed to conform to the specifications of departments or districts of the Town of Riverhead. (16) Street jogs with center-line offsets of less than 125 feet shall be avoided. (17) In general, all streets shall join each other so that, for a distance of at least 100 feet, the street is approximately at right angles to the street it joins. (18) Grades of streets; trees; steep slopes; excavation. (a) The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. (b) Mature trees shall be preserved wherever possible. Where steep slopes are required to provide for usable lot areas, they should not exceed a slope of one on three. If, in the opinion of the Planning Board, the proposed grading may cause difficulties, a grading plan shall be prepared showing the existing grades at two-foot contours, proposed grades at two- foot contours, point elevations and arrows indicating the flow of stormwater runoff for each plot. No grading or excavation shall occur on the site without the approval of the Planning Board, which will in no instance be forthcoming prior to the acceptance of a security agreement pursuant to Subsection A(4) of this section. Topsoil shall not be removed from the site without the approval of the Planning Board. An approval to remove such topsoil will require the submission of a survey by a professional engineer showing test borings at sufficient intervals to establish that there exists an excess of topsoil over and above that amount necessary for landscaping as determined by the Planning Board. "Topsoil" shall be defined as materials meeting New York State specifications for topsoil. [Added 3-4-1997]
301:369 § 301-289 RIVERHEAD CODE § 301-289
(19) Where a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. (20) The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. Underground utilities shall include electric, telephone and cable television. Water mains shall be required where necessary pursuant to Subsection B(25) herein. [Amended 12-6-1983] (21) Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements of at least 20 feet in width shall be otherwise provided, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. (22) In general, street lines within a block and deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which, for the center line of the street, shall not be less than 200 feet. (23) Streets. (a) Streets from a realty subdivision opening into highways or that portion hereinafter enumerated shall be, in general, 500 feet apart: [1] Wading River - Manorville Road, from Hulse Avenue to the Peconic River. [2] Hulse Landing Road, that portion in the Suffolk County highway system. [3] Fresh Pond Avenue. [4] Edwards Avenue, from Sound Avenue to the Long Island Railroad. [5] Twomey Avenue, from Sound Avenue to Manor Road. [6] Osborne Avenue, from Sound Avenue to Middle Road.
301:370 § 301-289 ZONING AND LAND DEVELOPMENT § 301-289
[7] Horton Avenue, from Sound Avenue to Middle Road. [8] Roanoke Avenue, from Sound Avenue to Middle Road. [9] Doctor's Path, from Sound Avenue to Middle Road. [10] Northville Turnpike, from Sound Avenue to Doctor's Path. [11] Union Avenue, from Sound Avenue to Main Road. [12] West Lane, from Sound Avenue to Main Road. [13] Phillips Lane, from Sound Avenue to Church Lane. [14] Church Lane, from Sound Avenue to Phillips Lane. [15] Tuthill Avenue. [16] Manor Lane. [17] Herricks Lane. [18] Hulse Avenue, from the westerly boundary of the Town of Riverhead to Parker Road. [19] Sound Avenue, from Parker Road to the easterly boundary of the Town of Riverhead. [20] Parker Road, from Sound Avenue to Middle Country Road. [21] Riley Avenue. [22] Youngs Avenue. [23] Reeve Avenue. [24] Deep Hole Road. [25] Middle Road, from Manor Road to Harrison Avenue. [26] Middle Country Road, from the westerly line of the Town of Riverhead to Manor Road. [27] Main Road, from Doctor's Path to the easterly line of the Town of Riverhead. [28] Peconic Bay Boulevard. [29] Bay Avenue, from Main Road to Peconic Bay Boulevard. (b) The Board will require marginal-access streets to the streets opening onto the hereinabove set forth highways, with appropriate lot arrangements providing ingress and egress only to the marginal-access road or roads.
(24) Streetlighting. The following specifications must be met: [Added 12-6-1977; amended 12-6-1988; 11-6-1991]
301:371 § 301-289 RIVERHEAD CODE § 301-289
(a) Streetlight standards, luminaires, conduit, splice boxes, fuses and all related hardware for streetlighting systems shall be installed in all residential subdivisions. (b) Prior to commencement of such installation, plans of proposed lighting layouts shall be submitted to the Planning Board and subsequently forwarded to the Town Engineer for review. Plans shall be drawn to scale showing the proposed location of streetlight facilities, including Long Island Lighting Company (LILCO) power source. All plans shall be prepared by a licensed professional engineer. No work shall be commenced prior to the approval by the Planning Board and Town Engineer. (c) Location of lights. Lighting layouts shall be designed to provide a generally even level of illumination based on the use of seventy-watt, colonial-type, high-pressure sodium luminaires. In general, streetlights shall be installed at every street intersection and at the end of each cul-de-sac and shall be spaced approximately 150 to 200 feet apart. (d) General installation. All wiring, splices, conduit and workmanship shall be in accordance with the National Electrical Code and the requirements of the power company currently existing. All work on the streetlighting system shall be performed by and tested for continuity and safety by electricians licensed by the County of Suffolk. Copies of test results shall be furnished to the Town Engineer prior to release of performance bonds.138 (e) Inspections. Upon commencement of the installation work, periodic inspections of the work being performed will be made by the Town. The builder shall be responsible for notifying the Town Engineer and/or streetlighting personnel, at 516-727-3200, Extension 279, 48 hours prior to the performance of any work in order to allow for daily inspections of all work being performed. Upon completion and final testing of the streetlighting installation, a final inspection will be made before the Town will accept the completed installation. An inspection notice will be provided indicating approval or disapproval of the installation. (f) Lighting standards. All lighting standards shall be fiberglass as in accordance with Town specifications referred to in the Attached Item No. 1.139 Fiberglass poles shall be black or as specified by the Town. All poles shall have an overall length of 20 feet, shall be embedded four feet and shall be installed
138.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 139.Editor's Note: Item No. 1 is on file in the ownT offices. 301:372 § 301-289 ZONING AND LAND DEVELOPMENT § 301-289
approximately 24 inches behind the curb. Luminaire mounting height shall be 16 feet. Poles shall be installed plumb and soil thoroughly tamped after installation. Wire in poles shall be copper RR-USE or XLP-USE, minimum gauge AWG No. 10. (g) Luminaires. Light fixtures shall be seventy-watt, one-hundred- twenty-volt, high-pressure sodium and shall be Town and Country 100 Series by General Electric (GE). The Town of Riverhead specifications for colonial post-top luminaires is referred to in Item No. 2 attached.140 Lamps used shall be manufactured by General Electric, Westinghouse, Sylvania, Norelco or approved equal. A photoelectric control equal to Town of Riverhead specification Item No. 5 (attached)141 shall be provided. (h) Underground wiring. Wire and cable for lighting system circuitry shall be direct buried, copper, type RR-USE or XLP- USE, with a minimum gauge of AWG No. 6. Wire shall be approved, and the complete installation shall meet all requirements of the National Electric Code. All wire splicing shall be performed within approved splice boxes or within the pole at hand hole. All splices and connections shall be made using approved split bolt or compression-type connectors and shall be insulated using an approved waterproof method. Cable shall be buried 24 inches below finished grade and installed directly behind the curbing. Any and all wiring under a roadway, driveway, walkway, sidewalk or other load-bearing, paved surfaces shall be installed within one-and-one-fourth- inch galvanized rigid steel conduit. All cable terminations and splices shall be color-coded using Scotch Tape 2210 as follows: red — hot leg; white — neutral leg; green — ground. (i) Splice boxes. A polyethylene splice box conforming to Town of Riverhead specifications referred to in attached Item No. 3142 must be installed at the base of each streetlight pole for splices and fuses. Splice boxes shall be installed so that the top of the installed box is at the finished grade. Splice boxes shall be located behind the curb in front of each light pole when required. Each streetlight pole and fixture shall be individually fused at the fixture using a Bussman-type HEB-AA fuseholder and a Bussman KTK fifteen-amp fuse or approved equal. (j) Splices. Splices between fixtures or between transformers and splice boxes, unless specifically authorized by the Engineer, are not acceptable. Where splices are authorized and locations approved, such as at fixture connections to circuit cables, the contractor shall make a splice with an approved mechanical
140.Editor's Note: Item No. 2 is on file in the ownT offices. 141.Editor's Note: Item No. 5 is on file in the ownT offices. 142.Editor's Note: Item No. 3 is on file in the ownT offices. 301:373 § 301-289 RIVERHEAD CODE § 301-289
connector encapsulated by Scotch Tape 2210, Scotch Tape 33+, and then coated with Scotch Cote in a manner as approved by the Engineer. (k) Fuses. Each lighting loop shall be fused in the corresponding service box to protect and isolate each individual lighting circuit. Each service box is to contain a Bussman-type HEB-AA fuseholder and an appropriately sized Bussman KTK fuse. Each individual pole shall also contain a fuseholder and fuse to protect and isolate individual light fixtures to be located in splice box at the base of the pole. (l) Service boxes. A service splice box referred to above (see attached Item No. 3143) equal to Town of Riverhead specifications shall be installed at the point of connection to the LILCO facilities and shall contain an appropriately sized fuseholder and fuse. This installation shall meet all requirements of LILCO. Direct burial service cable shall be installed from the streetlight service splice box to LILCO service point, and a length of slack cable sufficient for LILCO to connect to their facilities shall be left coiled at the LILCO box and shall be color-coded at connection ends as follows: red — hot leg; white — neutral leg; green — ground. Service cable shall be No. 6 AWG, copper wire, type USE or approved equal. All connections to LILCO underground facilities will be performed by LILCO personnel. Each circuit shall be fused inside the service box. (m) Conduit. All conduit shall be hot-dipped, one-and-one-fourth- inch inside diameter, galvanized, UL-approved, rigid steel in accordance with Town of Riverhead specification Item No. 4 attached.144 Conduit shall be used as a wireway for circuit cables where lighting circuits pass under roadways, driveways, sidewalks or other paved load-bearing surface. Conduit shall be installed directly behind the curb where applicable or in the most direct route as specified by the Town and installed 24 inches below grade. Such conduit shall extend a minimum of six inches beyond the edge of any paved area as specified above. (n) As-built drawings. Prior to final approval by the Town, dedication of roads or release of performance bond, the builder/developer is responsible to furnish the Town Engineer with two sets of as-built drawings. These drawings shall show the location of streetlights, poles, service splice boxes, conduit run and wiring circuits.
(25) Potable water. [Added 10-5-1982 by L.L. No. 8-1982]
143.Editor's Note: Item No. 3 is on file in the ownT offices. 144.Editor's Note: Item No. 4 is on file in the ownT offices. 301:374 § 301-289 ZONING AND LAND DEVELOPMENT § 301-289
(a) The Riverhead Town Board finds that it may be necessary for a private water service and supply system to be utilized to provide an adequate supply of water for residents in a proposed major subdivision as defined herein or a multiple- dwelling unit of five or more residence units. Therefore, the following requirements shall be met when a water service and supply system is proposed for a major subdivision or multiple dwelling of five or more residence units. (b) Prior to Planning Board approval, detailed engineering design and specifications prepared by a licensed engineer shall be submitted by the applicant. An engineering firm shall be designated by the Town Board for review of said plan, at the applicant's expense, to determine whether such system would be compatible with services provided by the Riverhead Water District, should connection with the Riverhead Water District be necessary.
C. Sketch plan. The sketch plan shall show the following information: [Amended 9-20-1983] (1) Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located. (2) Names and addresses of record owner, subdivider and engineer or surveyor of design of sketch plan. (3) Tax Map numbers. (4) Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision. (5) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. (6) The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided. (7) Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets. (8) Date, North point and scale. (9) The proposed lot lines, with approximate dimensions. (10) Street names, which shall be subject to approval by the Board. (11) Easements.
301:375 § 301-289 RIVERHEAD CODE § 301-289
(12) Approximate area of lots and total acreage of entire tract and of each building zone district within the tract. (13) Zoning district or districts. (14) Contours, if required by the Planning Board, and at intervals as specified by the Planning Board. (15) Key map: (a) Scale: one inch equals 600 feet. (b) One or more monuments in the subdivisions indicating the dimensional relationship to an existing established point or monument on a highway. (c) Relationship to the primary and secondary highway system and main intersections.
(d) Boundary lines indicating building zone districts and any other special districts. (e) Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries. (16) The distance and location of any sewer main, water main or cable television line within 1,500 feet of any boundary of such proposed subdivision or a statement by the preparer of such map that no such facilities exist within 1,500 feet of the proposed subdivision.
(17) Fire district. [Added 4-15-1997] D. Preliminary plat. The preliminary plat shall show the following information: (1) Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located. (2) Names and addresses of record owner, subdivider and engineer or surveyor of design of preliminary plat. (3) Location of property lines, existing easements, watercourses, buildings, marshes, ponds, bulkhead lines and other essential existing features on the subdivision. [Amended 9-20-1983] (4) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. (5) The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided. [Amended 9-20-1983] (6) Location, names and present widths of existing and proposed streets, highways, easements, alleys, parks and other public open 301:376 § 301-289 ZONING AND LAND DEVELOPMENT § 301-289
spaces and similar facts regarding the property and the width of abutting streets. (7) Date, North point and scale. (8) The proposed lot lines, with approximate dimensions. (9) Street names, which shall be subject to approval by the Board. (10) Easements. (11) Approximate area of lots and total acreage of the entire tract and of each building zone district within the tract. [Amended 9-20-1983] (12) Contours at intervals of two feet, or less if required by the Planning Board, or at a greater interval when approved by the Planning Board; and elevations of existing roads at points of change in grade and at one-hundred-foot intervals. The datum shall be designated and the elevation of two monuments or other permanent objects shall be set forth on the plat. (13) Grading plan by showing proposed contours where natural contours are to be changed by more than three feet. (14) All data that would enable the Superintendent of Highways to determine that the rules and regulations for the dedication of a public highway in the Town of Riverhead, Suffolk County, New York, are complied with, including but not limited to cross section of highway, profile of streets, drainage facilities and storm sewers. This data or any part thereof may be shown on the preliminary plat or on a plan made a part of the preliminary plat. (15) Detail plan of any other improvements required by the Planning Board. (16) Scale of map, not more than 100 feet to the inch.
(17) Key map: [Amended 9-20-1983] (a) Scale: one inch equals 600 feet. (b) One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway. (c) Relationship to the primary and secondary highway system and main intersections. (d) Boundary lines indicating building zone districts and any other special districts. (e) Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
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(18) An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter. (19) A letter of intent or designated stamp from the Suffolk County Department of Health Services and/or the Suffolk County Department of Environmental Control approving the methods of water supply and sewage disposal.
(20) Fire district. [Added 4-15-1997] E. Final plat. (1) The final plat shall be prepared in accordance with § 335 of the Real Property Law. (2) The final plat shall show the following information: (a) Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located. (b) Names and addresses of record owner, subdivider and engineer or surveyor of design of final plat. (c) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. (d) Street lines, pedestrian walks, lots, reservations and easements. (e) Date, North point and scale. (f) Scale of map, not more than 100 feet to the inch.
(g) Key map: [Amended 9-20-1983] [1] Scale: one inch equals 600 feet. [2] One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway. [3] Relationship to the primary and secondary highway system and main intersections. [4] Boundary lines indicating building zone districts and any other special districts. [5] Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
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(h) An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter. (i) The length of all straight lines and radii and length of curves for each street. (j) The length of all lot lines. (k) Area of each lot in square feet (may be in tabular form). (l) Lots within the subdivision numbered in numerical order. (m) The stamp of approval from all required governmental agencies, including but not limited to the Suffolk County Department of Health Services and the Suffolk County Department of Environmental Control. (n) A certificate, for the use of the Secretary of the Board, on the plat as follows: THIS IS TO CERTIFY that this subdivision map has been approved as provided by Article 16 of the Town Law. Date of Approval ______, ______Town of Riverhead Planning Board By Secretary The approval of this map does not constitute the acceptance of highways shown hereon as public roads.
(o) Fire district. [Added 4-15-1997] F. Application and fee. (1) Sketch plan. A letter of application, together with the requisite number of copies of the sketch plan, shall be submitted to the Planning Board. All applications for the consideration of the sketch plan shall be accompanied by a fee of $500, plus $200 per lot for engineering fees. [Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 3-4-1997; 12-2-2003 by L.L. No. 26-2003; 6-4-2019 by L.L. No. 16-2019] (2) Preliminary plat. A letter of application, together with the requisite number of copies of the preliminary plat, shall be submitted to the Planning Board. All applications for the consideration of a preliminary plat shall be accompanied by a fee of $3,500 per lot and$500 per acre or part thereof if a sketch plan has been submitted. [Amended 12-6-1977; 11-20-1984; 9-20-1988;
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12-29-1989; 3-4-1997; 1-17-2007 by L.L. No. 1-2007; 11-20-2007 by L.L. No. 38-2007; 6-4-2019 by L.L. No. 16-2019] (3) Final plat. A letter of application, together with the requisite number of copies of the final plat, shall be submitted to the Planning Board. When an applicant applies for a final plat without first having applied for preliminary plat approval, the fee imposed shall be that set forth in Subsection F(2) above. Otherwise there shall be no additional fee for final plat approval. [Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 12-2-2003 by L.L. No. 26-2003; 6-4-2019 by L.L. No. 16-2019] (4) The applicant shall erect a sign giving notice that an application to the Planning Board is pending and giving the date, time and place where the regular meeting for consideration of the application, or adjourned date, will be held. The sign will be furnished by the Town of Riverhead. It shall not be set back more than 10 feet from the property line and shall not be less than two nor more than six feet above the grade at the property line. It shall be displayed for a period of not less than seven days immediately preceding a regular meeting for consideration of the application or any adjourned date. The applicant shall file with the Planning Board an affidavit that he has complied with the provisions of this section. No application shall be considered unless such affidavit has been filed. (5) Engineering fee. Prior to the adoption of a final conditional approval resolution by the Planning Board, the applicant must post a fee in an amount equal to 10% of the estimated improvements, as estimated by the engineering consultant to the Planning Board, minus all engineering fees previously paid at sketch, preliminary and final plat stages. No applicant shall have any claim for the return of such fee or portion thereof.145,146 [Added 12-6-1977; amended 5-16-1978; 3-4-1986; 12-29-1989; 3-4-1997; 12-2-2003 by L.L. No. 26-2003; 1-17-2007 by L.L. No. 1-2007; 11-20-2007 by L.L. No. 38-2007]
§ 301-290. Variances and waivers. A. Variation in case of hardship. Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this article, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the
145.Editor's Note: Original § 108-97F(6) of the 1976 Code, concerning a fee based on estimated improvements, added 8-5-1986, which immediately followed this subsection, was repealed 12-2-2003 by L.L. No. 26-2003. 146.Editor's Note: Former Subsection F(6), regarding electronic records retention fees, added 4-19-2005 by L.L. No. 11-2005, which immediately followed this subsection, was repealed 5-22-2019 by L.L. No. 14-2019. 301:380 § 301-290 ZONING AND LAND DEVELOPMENT § 301-291
intent and purpose of the Official Map, the Master Plan or the Zoning Ordinance, if such exist. B. Waiver of required improvements. Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions. C. Board to impose conditions. In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
§ 301-291. Industrial subdivisions. [Added 12-6-1988] A. Procedure. (1) Sketch plans. Three alternative sketch plans shall be required to be submitted. One if the three sketch plans may be required to be a cluster development. The subdivider shall submit 10 copies of each sketch plan, clearly marked "sketch plan." The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plans, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine whether any of the sketch plans meet the purposes of this article and shall, where it deems necessary, make specific recommendations so that the subdivider or his agents may proceed with the preparation of a preliminary plat. (2) Preliminary plat. The subdivider shall submit 12 copies of the preliminary plat, clearly marked "preliminary plat," in accordance with the requirements herein set forth, and the Planning Board will hold a public hearing in accordance with Subdivision 5 of § 276 of the Town Law. Subsequent to the preliminary plat hearing, the Planning Board shall forward one copy of said preliminary plat to the respective fire district. The fire district shall forward comments to the Planning Board within 10 working days of referral. [Amended 4-15-1997147] (3) Final plat. The subdivider shall submit 12 copies to the Planning Board within the time and in accordance with the requirements herein set forth and in accordance with any other applicable state law or local law, ordinance, rule, regulation or resolution.
147.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:381 § 301-291 RIVERHEAD CODE § 301-291
(4) Improvements. The subdivider shall complete, in accordance with the Board's decision and to the satisfaction of the Board and any other official or body authorized by law to act, all the improvements specified in § 277 of the Town Law and not specifically waived by the Board, or alternatively shall file with the Town Board a letter of credit complying with § 277 of the Town Law, satisfactory to the Town Board as to form, sufficiency, manner of execution, and surety, for the completion of such improvements as are not constructed.148 (5) Filing. Upon approval of the final plat, signed by a duly authorized officer of the Planning Board, the subdivider shall file the plat in the office of the County Clerk within the time specified in Subdivision 11 of § 276 of the Town Law.149 B. General requirements. The subdivider shall observe the following general requirements and development standards of land subdivision: (1) In general, the proposed subdivision shall conform to the zoning use district affecting the area. (2) The minimum area of any parcel to be considered for subdivision for industrial purposes shall be two acres. (3) Each parcel of land proposed for subdivision for industrial purposes shall have a frontage of at least 300 feet on a highway. The highway shall have a right-of-way of at least 49 1/2 feet along the property line. (4) The subdivider may delineate, on the sketch plan, industrial blocks rather than individual lots. Said blocks may be further subdivided through subsequent application to the Planning Board for approval of a site layout. Such site layout shall include the location of the proposed lot lines, building envelope(s), conformity with the Zoning Use District Schedule, as well as Article LVI, Site Plan Review, of this chapter. (5) Each block within a subdivision shall have frontage on a public street, which street shall have a right-of-way of at least 55 feet. (6) Each lot within a subdivision and each separate ownership therein shall have frontage on, and shall have access solely from, a public street having a right-of-way of at least 55 feet. The frontage created on such a street shall be at least 200 feet. The creation of flag lots shall be prohibited.
148.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 149.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:382 § 301-291 ZONING AND LAND DEVELOPMENT § 301-291
(7) The arrangement of streets in the subdivision shall provide for the continuation of principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided. (8) All highways shall be considered as standard collector roads, detailed as per the Road and Drainage Standards for the Town of Riverhead. Said roads shall be of adequate width as may be designated by the Planning Board; in no case shall the right-of-way width of any roadway or street be less than 55 feet. (9) Dead-end or cul-de-sac streets shall not in general exceed 800 feet in length and shall be equipped with a turnaround roadway having a minimum radius of 60 feet. (10) Block lengths generally shall not exceed 1,200 feet in length. (11) Pedestrian walks or easements for underground utilities not less than 15 feet in width may be required near the center of all blocks over 800 feet in length. (12) Radii at intersections shall be not less than 40 feet at the property line, and property lines shall be adjusted accordingly. (13) Sidelines of lots, so far as practicable, shall be at right angles or radial to street lines. (14) Reversed frontage of lots at street intersections shall be avoided where possible. Corner lots shall, for site layout purposes, be deemed to have two front yards. (15) Grades of all streets shall be the reasonable minimum, but shall not be less than 0.5% nor more than 10% for main thoroughfares or minor streets. (16) The Planning Board shall require that a cash impact fee on existing streets and roads be deposited with the Town Board in a special fund as required by § 277 of the Town Law. The amount to be paid shall be at the rate of $2,000 per lot, based on the yield map, in an industrial subdivision on or after December 6, 1988.150 (17) All required improvements shall be constructed or installed to conform to the Road and Drainage Standards for the Town of Riverhead as well as any specifications that departments or districts of the Town may require. Drainage design shall be developed to contain stormwater runoff from the entire site, so as to minimize drainage facilities on individual lots. (18) Street jogs with center-line offsets of less than 200 feet shall be avoided.
150.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:383 § 301-291 RIVERHEAD CODE § 301-291
(19) In general, all streets shall join each other so that, for a distance of at least 100 feet, the street is approximately at right angles to the street it joins. (20) The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of the streets shall conform as closely as possible to the original topography. (21) The setbacks to parking areas for all lots in an industrial subdivision shall be as follows: (a) For boundaries which abut New York State Route 25 (Middle Country Road) and Suffolk County Route 58 (Old Country Road): [1] Fifty feet for passenger vehicles, excluding buses; [2] One hundred feet for buses, motor trucks and other vehicles. (b) For all other boundaries: [1] Thirty feet for passenger vehicles, excluding buses; [2] Fifty feet for buses, motor trucks and other vehicles. (22) A buffer area of 100 feet shall be provided along the boundary of any lot or parcel within a residential zone or used for residential purposes. The screening method provided within said buffer shall be a function of the site plan review process. (23) Open space. (a) The Planning Board may require that land be reserved for open space and/or recreational purposes. The Planning Board may require that a cash payment be deposited with the Town Board in a special fund as required by § 277 of the Town Law where the Planning Board deems that land would be inadequate and unsuitable for use for open space or recreational purposes in the Industrial District. (b) Land reserved for open space and/or recreational purposes shall have an area of one acre per 50 acres or proportional thereto. Any parcel of land reserved for open space or recreational purposes shall have an area of at least one acre. In meeting these requirements, the Planning Board may require that the developer reserve more than one area within the subdivision for recreational purposes, but in no case shall any reserved area be of less than one acre.
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(24) Where a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land under the zoning use district designation applied thereto. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. (25) The Planning Board shall require that underground utilities be placed in the street right-of-way between the paved roadway and the street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. Underground utilities shall include electric, telephone and cable television. Water mains shall be required where necessary, pursuant to Subsection B(30) herein. (26) Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements of at least 15 feet in width shall be otherwise provided, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. (27) In general, street lines within a block and deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line shall not be less than 200 feet. (28) Roads from an industrial subdivision opening into standard collector streets or that portion hereinafter enumerated shall be, in general, 500 feet apart: (a) New York State Route 25 (Middle Country Road). (b) Edwards Avenue. (c) Twomey Avenue. (d) Osborne Avenue. (e) Kroemer Avenue. (f) Suffolk County Route 58 (Old Country Road). (g) Manor Road. (h) Middle Road. (i) Mill Road.
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(j) Pulaski Street. (29) The following streetlighting specifications must be met: (a) Streetlight standards, brackets and the necessary wiring for streetlighting systems shall be installed on all industrial subdivisions. (b) Prior to the commencement of such installation, plans of proposed lighting layouts, prepared by a licensed professional engineer, shall be submitted to the Planning Board, and no work shall be commenced prior to approval by the Planning Board. (c) The plans submitted, reviewed and approved shall pertain to the location and spacing of the streetlights and the location of underground cables and conduits. (d) All wiring, splices, conduits and workmanship shall be in accordance with the National Electric Code and the requirements of the power company currently existing.151 (e) Prior to acceptance by the Town, a certificate from an electrical inspection agency approved by the Town shall be secured and submitted to the Town.152 (f) All work on the streetlighting systems shall be performed by and tested by electricians licensed by the County of Suffolk. (g) Lighting layouts shall be designed to provide a generally even level of illumination based on the use of one-hundred-fifty-watt, colonial-type, sodium-vapor luminaires, spaced not more than 125 to 150 feet apart with a maximum twenty-foot mounting height. Approximately 10 standards per circuit is recommended for the layout. (h) Lighting standards shall be laminated wooden poles, fully waterproofed with adhesive as defined in Commercial Standard 253-63. Poles are to be pressure treated with pentachlorophenol in light hydrocarbon solvents to protect the wood from decay and insect damage. Treatment shall conform to American Wood Preservers' Association Standards C28-69, P8-64, P9-69. Standards shall be manufactured by Weyerhauser under Catalog No. 15S, or approved equal. A manufacturer's warranty shall be provided, guaranteeing replacement in case of decay and/or insect damage within the twenty-five-year period.
151.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 152.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:386 § 301-291 ZONING AND LAND DEVELOPMENT § 301-291
(i) Arms and mounting brackets shall be provided and shall be as manufactured by Weyerhauser under Catalog No. A-2 or approved equal. (j) Wire and cable for circuitry shall be direct burial, copper, Type RR-USE or XLP-USE, with a minimum gauge of AGW No. 6. (k) Cable shall be buried a minimum of 18 inches below finished grade, and conduit shall be provided under all areas to be paved. Wire in poles shall be copper RR-USE or XLP-USE, minimum gauge AGW No. 12. A twelve-inch by twelve-inch concrete monument box shall be provided and installed at the base of each pole for splicing. (30) The Riverhead Town Board finds that it may be necessary for a private water service and supply system to be utilized to provide an adequate supply of water for an industrial subdivision as defined herein. Therefore, the following requirements shall be met when a water service and supply system is proposed for an industrial subdivision. (a) Prior to Planning Board approval, detailed engineering design and specifications as submitted by the applicant shall be reviewed by the Town Engineer, at the applicant's expense, to determine whether such system would be compatible with services provided by the Riverhead Water District, should connection with the Riverhead Water District be necessary. C. Sketch plan. The sketch plan shall show the following information: (1) Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located. (2) Names and addresses of record owner, subdivider and engineer or surveyor of design of sketch plan. (3) Tax Map number(s). (4) Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision. (5) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage and the current uses of the adjacent acreage. (6) The location of any existing sewers and water mains, culverts and drains, and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided. (7) Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys,
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parks and other public open spaces and similar facts regarding the property and the width of abutting streets. (8) Date, North point and scale. (9) The proposed lot lines or block lines, with approximate dimensions, as well as recharge area(s), buffer area(s), and recreation area(s). (10) Street names, which shall be subject to approval by the Board. (11) Easements. (12) Approximate area of lots or blocks, and total acreage of the entire tract and of each zoning use district within the tract. (13) Zoning district or districts and indication of a change in zoning district where a boundary is proximate to the parcel being subdivided.
(14) Contours at intervals as specified by the Planning Board. (15) Key map: (a) Scale: one inch equals 1,200 feet. (b) One or more monuments in the subdivision indicating the dimensional relationship to an existing, established point or monument on a highway. (c) Relationship to the primary and secondary highway system and main intersections. (d) Boundary lines indicating zoning use districts and any other special districts. (e) Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries. (16) The distance and location of any sewer main, water main or cable television line within 1,500 feet of any boundary of such proposed subdivision, or a statement by the preparer of such map that no such facilities exist within 1,500 feet of the proposed subdivision.
(17) Fire district. [Added 4-15-1997] D. Preliminary plat. The preliminary plat shall show the following information: (1) Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located. (2) Names and addresses of record owner, subdivider and engineer or surveyor of design of preliminary plat.
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(3) Location of property lines, existing easements, watercourses, buildings, marshes, ponds, bulkhead lines and other essential existing features on the subdivision. (4) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage and the current uses of adjacent acreage. (5) The location of any existing sewers and water mains, culverts and drains, and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided. (6) Location, names and present widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets. (7) Date, North point and scale. (8) The proposed block or lot lines with approximate dimensions. (9) Street names, which shall be subject to approval by the Board. (10) Easements. (11) Approximate area of lots and total acreage of the entire tract and of each zoning use district within the tract. (12) Contours at intervals of two feet, or less if required by the Planning Board, or at a greater interval when approved by the Planning Board; and elevations of existing roads at points of change in grade and at one-hundred-foot intervals. The datum shall be designated and the elevation of two monuments or other permanent objects shall be set forth on the plat. (13) Grading plan by showing proposed contours where natural contours are to be changed by more than three feet. (14) All data that would enable the Superintendent of Highways to determine that the rules and regulations for the dedication of a public highway in the Town of Riverhead, Suffolk County, New York, are complied with, including but not limited to cross section of highway, profile of streets, drainage facilities and storm sewers. This data, or any part thereof, may be shown on the preliminary plat or on a plan made a part of the preliminary plat. (15) Detail plan of any other improvements required by the Planning Board. (16) Scale of map, not more than 100 feet to the inch. (17) Key map: (a) Scale. One inch equals 1,200 feet.
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(b) One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway. (c) Relationship to the primary and secondary highway system and main intersections. (d) Boundary lines indicating zoning use districts and any other special districts. (e) Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries. (18) An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter. (19) A letter of intent or designated stamp from the Suffolk County Department of Health Services and/or the Suffolk County Department of Environmental Control, approving the methods of water supply and sewage disposal.
(20) Fire district. [Added 4-15-1997] E. Final plat. The final plat shall be prepared in accordance with § 335 of the Real Property Law and shall show the following information: (1) Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located. (2) Names and addresses of record owner, subdivider and engineer or surveyor of design of the final plat. (3) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. (4) Street lines, pedestrian walks, lots, blocks, reservations and easements. (5) Date, North point and scale. (6) Scale of map, at not less than 100 feet to the inch. (7) Key map: (a) Scale. One inch equals 1,200 feet. (b) One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway.
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(c) Relationship to the primary and secondary highway system and main intersections. (d) Boundary lines indicating zoning use districts and any other special districts. (e) Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries. (8) An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter. (9) The length of all straight lines and radii and length of curves for each street. (10) The length of all lot lines. (11) The area of each lot in square feet (may be in tabular form). (12) Lots within the subdivision, numbered in numerical order. (13) The stamp of approval from all required governmental agencies, including but not limited to the Suffolk County Department of Health Services and the Suffolk County Department of Environmental Control. (14) A certificate, for the use of the Secretary of the Planning Board, on the plat as follows: THIS IS TO CERTIFY that this subdivision map has been approved as provided by Article 16 of the Town Law. Date of Approval ______, _____ Town of Riverhead Planning Board By Secretary The approval of this map does not constitute the acceptance of highways shown hereon as public roads.
(15) Fire district. [Added 4-15-1997]
F. Application and fee. [Amended 12-29-1989; 6-4-2019 by L.L. No. 16-2019] (1) Sketch plan. A letter of application, together with the requisite number of copies of the sketch plan, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at that meeting. All applications for the consideration
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of the sketch plan shall be accompanied by a fee of $500, plus $200 per lot. (2) Preliminary plat. A letter of application, together with the requisite number of copies of the sketch plan, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at such meeting. All applications for the consideration of a preliminary plat shall be accompanied by a fee of $20 per acre or part thereof in the proposed subdivision or $500, whichever is greater, if a sketch plan has been submitted. In the event that a sketch plan has not been submitted for consideration by the Planning Board, applications for preliminary plat consideration shall be accompanied by a fee of $500, plus $200 per lot, plus the aforementioned preliminary plat fee of $500 or $20 per acre, whichever is greater. (3) Final plat. A letter of application, together with the requisite number of copies of the final plat, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at that meeting. The fee for final subdivision shall be waived, unless a subdivider submits the final plat together with the data required for the preliminary plat, in which case the application shall be accompanied by a fee as established in Subsection F(2) of this section. (4) The applicant shall erect a sign giving notice that an application to the Planning Board is pending and giving the date or adjourned date, time and place where the regular meeting for consideration of the application will be held. The sign will be furnished by the Town of Riverhead. It shall not be set back more than 10 feet from the property line and shall not be less than two nor more than six feet above the grade at the property line. It shall be displayed for a period of not less than seven days immediately preceding a regular meeting for consideration of the application or any adjourned date. The applicant shall file with the Planning Board an affidavit that he has complied with the provisions of this section. No application shall be considered unless such affidavit has been filed. (5) Engineering fee. Prior to final subdivision being granted, the applicant must post engineering fees in the amount of $500 per lot, or per potential lot based on the maximum number thereof, to cover any potential expense to the Town for engineering services, as follows: $250 at the time of the submission of the preliminary plat and $250 at the time of the submission of the final plat. The Planning Board may waive all or part of said fee where the Planning Board determines that no additional engineering services are required. No applicant shall have any claim for the return of such fee or portion thereof. (6) No final industrial subdivision plat shall be signed by the Chairman of the Planning Board until a fee equal to an amount of 5% of the
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total cost of the estimated improvements, as estimated by the engineering consultant of the Planning Board, shall be paid to the Town of Riverhead. Such fee shall be diminished in an amount equal to all engineering fees previously paid, pursuant to Subsection F(5) hereinabove.
§ 301-292. Water main construction. [Added 7-19-2005 by L.L. No. 40-2005] For all subdivisions, a fee must be posted for the construction of the requisite water mains and hydrants prior to receiving a foundation permit. The fee shall be determined by the Planning Department based on cost estimates. In order to receive a building permit, water main construction for the subdivision must be certified complete according to Planning Department requirements, and mains and hydrants must be charged and capable of providing water in the case of a fire emergency.
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§ 301-293 ZONING AND LAND DEVELOPMENT § 301-296
ARTICLE LIV Cluster Development [Added 12-18-1973; amended 2-19-1974; 1-13-1987; 11-8-1978; 7-19-2005 by L.L. No. 39-2005; 8-16-2005 by L.L. No. 46-2005]
§ 301-293. Purpose and intent. It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils, scenic vistas, and significant natural features.
§ 301-294. Adoption of statutory provisions; grant of authority. The Town Board of the Town of Riverhead hereby elects to adopt the provisions of § 278 and to exercise the powers granted by § 278 of the Town Law and hereby grants to the Planning Board of the Town of Riverhead appropriate authority as set forth in this article.
§ 301-295. Applicability.153 This article shall be applicable to land zoned for residential purposes in the Town of Riverhead and which is located in either the RB80, RA80, or APZ Zoning Use District.
§ 301-296. Yield plan and cluster plat requirements. A. In order to accomplish the clustering of residential lots, an applicant for subdivision shall provide a standard yield plan and a cluster plat.154 B. In its review of a cluster subdivision plat, the Planning Board shall consider the following:155 (1) The location and extent of prime agricultural soils; (2) The location of wooded areas; (3) The location and extent of natural features; (4) The general topography and the location and extent of sloped areas; (5) The spatial relationship of the property to contiguous or neighboring preserved agricultural land;
153.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 154.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 155.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:395 § 301-296 RIVERHEAD CODE § 301-297
(6) The general stormwater tributary area and the extent and direction of overland drainage. C. The cluster subdivision plat must locate and arrange the residential lots so as to accomplish the following: (1) Protect, to the maximum extent practicable, that portion of the tract preserved for agricultural use. (2) Reduce, to the maximum extent practicable, any nuisance or conflict between residential and agricultural uses, both within the tract and in relation to adjoining and nearby tracts. (3) Demonstrate compatibility of the cluster plat with existing residential development and agricultural land uses. (4) Demonstrate the ways in which scenic vistas are being considered or enhanced and shall depict a lot arrangement which has considered the visual impact of residential development upon such vistas. (5) Remain harmonious with and protect during construction, to the maximum extent practicable, the natural environment, minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code. D. The agricultural lots of a cluster subdivision plat must be so laid out as to provide for a minimum lot size of 10 acres, a minimum building area of one acre, contiguity with existing agricultural tracts, bounding of prime agricultural soils and retention of all stormwater runoff. E. Cluster development shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots and the recording of agricultural easements, except that the Planning Board may approve a cluster subdivision with a lower percentage of preserved prime agricultural soils in order to ensure appropriate arrangement of lots, streets, and public facilities. F. In the event that the Planning Board approves a cluster plat that preserves less than 70% of the prime agricultural soils, the reasons supporting such decision shall be set forth within the resolution approving the preliminary plat. The Planning Board shall not approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open space areas. G. The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features to the greatest extent practicable.156
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§ 301-297. Dedication and maintenance of open space. A. The application of the procedure prescribed by this article shall result in a plat showing lands available for park, recreation, open space or municipal purposes directly related to the plat. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The open space created by the use of the provisions of this article must be clearly labeled on the subdivision map as to its use and the rights of the owners in the subdivision, as well as whether it is to be dedicated ultimately to the Town or other governmental body or to an approved private or conservation corporation or to a property owners' association or otherwise under conditions meeting with Planning Board approval. The details as to use and ownership of such open space are further to be set out in a declaration recorded by the owner or other appropriate instrument. Such open space is to be preserved in perpetuity, and the Planning Board may require an open space easement running to the Town as a condition of approval. B. If said lands are to be offered for dedication to the Town, the Town Board may require that such conditions shall be approved by the Town Board before said plan shall be approved for filing. All or portions of open space may be dedicated to the Town or some other municipal corporation. C. If the open space is not to be dedicated to the Town or other governmental authority or to an approved private or conservation corporation, the applicant, simultaneously with the filing of the map, must either create a property owners' association or neighborhood corporation embracing all property owners within the map and providing for adequate annual contributions for maintenance of said open space or otherwise satisfy the Planning Board with regard to the maintenance of said open space. D. The following must be adhered to if a property owners' association is created: (1) The property owners' association must be set up before the lots are sold. (2) Membership must be mandatory for each lot buyer and any successive buyer. (3) The open space restrictions must be in perpetuity, not just for a given period of years. (4) The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
156.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:397 § 301-297 RIVERHEAD CODE § 301-299
(5) Property owners must pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property. (6) The association must be able to adjust the assessment to meet changed needs.
§ 301-298. Screening and landscaping. In addition to any screening and landscaping requirements contained in existing rules and regulations of the Planning Board, the Planning Board may require additional screening and planting in order to lessen the impact of the open space zone on adjacent properties.
§ 301-299. Filing of subdivision map. In addition to the other Planning Board requirements for final maps, upon final approval of a change of zone by the Town Board and final approval of the subdivision application by the Planning Board, the applicant shall file the subdivision map in the office of the County Clerk, which map shall contain thereon a statement that the subdivision has been approved pursuant to the provisions of this article, the number and type of units which can be erected thereon, the areas in which said units may be constructed and the areas which are to remain open space and under what conditions.
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ARTICLE LV Supplementary Division of Land Regulations [Added 12-5-1972]
§ 301-300. Submission of subdivision plan. Before any lot is formed from part of a lot, the owner thereof shall submit the proposed separation or subdivision plan to the Planning Board, in duplicate, for its approval and determination as to whether same constitutes a subdivision. Such proposed plan shall show the location of property lines, buildings and other existing features; location of the lot with reference to existing streets, easements or rights-of-way; the location, area and dimensions of each of the proposed new lots; and other adjoining lands, if any, to which the owner now has or previously had an interest, directly or indirectly.
§ 301-301. Issuance of permits or certificates. No building permit, certificate of occupancy or certificate of existing use shall be issued where a new lot proposed to be formed will cause or create a violation of any provision of this chapter, rule or decision of the Planning Board or any other statute, law, code or ordinance applicable to such premises or any existing or new improvement associated therewith.
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§ 301-302 ZONING AND LAND DEVELOPMENT § 301-303
ARTICLE LVI Site Plan Review [Added 9-22-1987; amended 9-25-1989; 4-3-1990; 10-2-1990 by L.L. No. 2-1990; 10-15-1991; 12-17-1991; 8-2-1994; 4-15-1997; 5-20-1997; 7-21-1998; 5-15-2001 by L.L. No. 8-2001; 3-5-2002 by L.L. No. 6-2002; 6-18-2002 by L.L. No. 23-2002]
§ 301-302. Purpose. Pursuant to the provisions of Town Law § 274-a, it is the purpose of this article to standardize requirements for site plan application and review, so as to assure that the design and layout of particular land uses on a lot, whether such use is a permitted, special permit or accessory use, will ensure the public health, safety and welfare, will be compatible with certain natural and human-made features on and off the lot and will, in all cases, comply with the letter and spirit of those provisions of this Code which pertain to such design or layout and of those provisions pertaining to the use itself. Further, it is the intention of this article to promote a well-planned community through the proper arrangement of parking areas, means of access, screening, signs, landscaping, architectural features, location and dimension of buildings and physical features of the parcels to be improved.
§ 301-303. General requirements. A. Authorization. [Amended 11-21-2006 by L.L. No. 48-2006; 11-15-2016 by L.L. No. 36-2016] (1) The Town Board hereby authorizes the Planning Board pursuant to § 274-a of the Town Law, to review and approve, approve with modifications, or disapprove site plans for the activities and land uses listed herein except for site plans for the following, which shall be reviewed, approved, approved with modifications, or disapproved by the Town Board: (a) Site plan petitions upon real property within urban renewal designated areas pursuant to Article 15 of the General Municipal Law; (b) Site plans that have already been referred to the Suffolk County Planning Commission pursuant to General Municipal Law § 239-m as of the date of adoption of this subsection; (c) Site plan applications for properties located within the Hospital (H) Zoning Use District. (2) To the extent the Town Board continues as the agency reviewing site plans pursuant to this article, references to the "Planning Board" in connection with site plan reviews shall be interpreted to mean the "Town Board."
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B. Land clearing. No person shall undertake or carry out any such activity or use, including without limitation any grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained site plan approval therefor, pursuant to the provisions of this article, posting a performance bond provided for herein and securing a land clearing permit pursuant to Chapter 217, Buildings, Building Construction and Improvements and Housing Standards, Parts 1 and 2, and/or a permit pursuant to Chapter 229, Articles I and II. Any landowner found guilty of violating this article shall be fined at the rate of $1,000 per day from the day of discovery of the incident until an approved restoration plan is enacted. [Amended 7-16-2013 by L.L. No. 11-2013] C. Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 275, Article I, Stormwater Management, of the Code of the Town of Riverhead, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 275, Article I, Stormwater Management, of the Code of the Town of Riverhead. The approved site plan shall be consistent with the provisions of the Code. Land development/redevelopment activity, as the term is defined in Chapter 275, Article I, Stormwater Management, § 275-2, of the Code of the Town of Riverhead, is expressly prohibited absent submission of a stormwater pollution prevention plan and approval by the Town of Riverhead's Stormwater Management Officer. [Added 12-18-2007 by L.L. No. 43-2007; amended 12-16-2008 by L.L. No. 51-2008] D. Permits. No building permit or land clearing permit as required by Chapter 217, Buildings, Building Construction and Improvements and Housing Standards, Parts 1 and 2, of the Code of the Town of Riverhead, required for any such activity, including, without limitation, grading, clearing, cutting and filling, excavating or tree removal associated therewith, or the erection, construction, alteration, demolition or moving of any structure, shall be issued until the required site plan approval shall have been granted, and the approved site plan thereafter shall have been signed by a majority of the Planning Board. [Amended 11-21-2006 by L.L. No. 48-2006] E. Certificates of occupancy. No certificate of occupancy shall be issued until all requirements and conditions of the site plan approval have been implemented and an as-built survey, including without limitation the location of all buildings, structures, curb cuts, and other required improvements (e.g., berms, buffer areas), has been submitted to the Town Building and Planning Administrator or the Chief Building Inspector. Any significant change to the approved site plan or elevations that affects the physical character of the building(s) and/or the site, in the absence of an approved amended site plan reflecting said changes, shall cause the certificate of occupancy to be withheld until such change is approved by the Planning Board. The Town Building and
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Planning Administrator or the Chief Building Inspector shall determine the significance of any such change. [Amended 11-21-2016 by L.L. No. 48-2006; 11-1-2016 by L.L. No. 33-2016] F. Expiration. Site plan approval shall remain in effect for 36 months. In the event that the applicant has not obtained a valid building permit within said thirty-six-month period, the Board approving the site plan may grant one twelve-month extension of site plan approval, upon the request of the applicant made at least 30 days prior to the expiration of the original thirty-six-month period. This section shall also apply to site plans which have been approved but which have not obtained a building permit prior to the date of adoption of this section. [Amended 11-21-2006 by L.L. No. 48-2006; 4-4-2007 by L.L. No. 9-2007]
G. Penalties for violation of approved site plan. [Added 2-4-2003 by L.L. No. 1-2003] (1) It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any real property, building or structure or portion thereof in violation of the approved site plan. (2) For any and every violation of the approved site plan, the owner or general agent of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation of approved site plan has been committed or shall exist, and any builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in any such violation of an approved site plan, shall, upon conviction thereof, be liable to a fine or penalty not exceeding $1,000 for each and every violation. Each day that such violation continues shall constitute a separate and distinct violation of the approved site plan.
§ 301-304. Review and approval required. [Amended 9-6-2006 by L.L. No. 36-2006; 11-21-2006 by L.L. No. 48-2006] The following shall be subject to site plan review and require site plan approval by the Planning Board: A. Single-family residence or agricultural districts: (1) Except as otherwise provided, any use other than single-family residential or agricultural and its attendant accessory uses. However, temporary and permanent greenhouses will require site plan review and approval. (2) Any grading, clearing, cutting and filling, excavating or tree removal associated therewith of a lot or land sufficient in size to require a building permit under § 301-317 of this chapter, unless said work is a necessary and integral part of another activity, such as single-family residence construction, for which a building permit
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has been issued and which does not itself require site plan approval. (3) Any multiple residence or apartments to be constructed pursuant to any section of this chapter. (4) With respect to any existing, nonconforming commercial or industrial use, any activity, change or use requiring a building permit, a special permit or a variance hereunder, provided that all other needed prior approvals for the activity have first been obtained. B. All other districts: (1) Any grading, clearing, cutting and filling, excavating or tree removal associated therewith. (2) Any conversion, alteration, addition or repair of an existing land use or structure which requires a building permit and: (a) Will effect a change to the exterior of the affected structure(s); or (b) Will effect a change to the area of the site, including but not limited to parking, loading, paving, access and drainage. (3) Except as otherwise provided, site plan review and approval shall specifically not be required for: (a) Single-family residential and uses accessory thereto. (b) Agriculture and uses accessory thereto; however, permanent greenhouses to be used for retail sales will require site plan review and approval. (c) Any grading, clearing, cutting and filling, excavating or tree removal associated therewith, necessary to single-family residence construction commenced upon issuance of a building permit for said construction. (d) Any use permit issued pursuant to the requirements of § 301-317 of this chapter. (e) Signs. (f) De minimis alterations as determined by the Planning Department and the Building Department. "De minimis" shall be limited to the carrying out for the maintenance, improvement or other alteration of any building which does not materially affect the external appearance of the building or site, i.e., replacement of doors, windows and the like. [Amended 10-21-2008 by L.L. No. 40-2008]
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(g) Existing commercial buildings with floor areas of no greater than 4,000 square feet shall not require formal site plan review by the appropriate board. However, such commercial buildings shall be subject to informal review by the Planning Department and shall be required to comply with all statutory provisions set forth in this article, including but not limited to parking, landscaping, handicapped access and lighting. The informal site plan review fee shall be charged at a rate of 50% of the site plan review fee charged pursuant to § 301-305G of this chapter. Upon a determination of compliance by the Planning Department as set forth herein and transmitted to the Planning Board in writing, the Planning Board shall adopt a resolution approving the application. [Added 3-6-2007 by L.L. No. 6-2007] [1] Statutory authority/supersession. Subsection B(3)(g) is adopted pursuant to Municipal Home Rule and the State Environmental Quality Review Act and its implementing regulations. It expressly supersedes any provisions of the Town Code of the Town of Riverhead and §§ 267, 267-a, 267-b, 267-c, 274-a, 274-b and 276 of the Town Law of the State of New York. In particular, Subsection B(3)(g) shall supersede and suspend those provisions of the Town Code and New York State law which require the Planning Board to accept, process and approve site plan applications within certain statutory periods. In addition, Subsection B(3)(g) shall supersede and suspend those provisions of the Town Code of the Town of Riverhead as well as the Town Law of the State of New York which require the Town Board to accept, process and approve site plans. C. In every district: any activity or use made subject to site plan review as a condition of any permission or approval granted by any local agency.
D. Park and playground sites. [Added 2-21-2007 by L.L. No. 3-2007]
(1) The Planning Board may require that land be reserved for park, playground or other recreational purposes. The Planning Board may require that a cash payment be deposited with the Planning Board in a special fund as required by § 274-a, Subdivision 6, of the Town Law where the Planning Board deems that the reservation of land would be inadequate and unsuitable for use as a park, playground or other recreational purposes. (2) Land reserved for recreational purposes shall have an area of five acres for each 100 units 5% shown on the plan, or proportional thereto. Any parcel of land reserved for recreational purposes shall have an area of at least one acre. In meeting these requirements, the Planning Board may require or the developer may reserve more than one acre within the site plan for park, playground or
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recreational purposes, but in no case shall any reserved area be of less than one acre. (3) The Planning Board may require the developer to grade such park site in a manner appropriate for its projected use and compatible with its surroundings. Where such park site incorporates a unique natural feature or a landmark, the developer shall be responsible for the protection of such feature or landmark from any destructive action during the course of the plat development. (4) In cases where the Planning Board makes a finding as set forth herein that the proposed site plan presents a proper case for requiring a park, but the Planning Board determines that a suitable park site of adequate size cannot be properly located within the site plan, in whole or in part, the developer shall be required to pay a park fee in the sum of $3,000 per residential unit to the Town. [Amended 12-20-2011 by L.L. No. 26-2011] (5) The applicant may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit or passbook is deposited, the fee of $3,000 shall be paid to the Town of Riverhead prior to the issuance of each certificate of occupancy for residential structures within the site plan by the Building Inspector. The balance shall be payable in full on the second anniversary date on which this certificate of deposit or passbook was deposited and shall be withdrawn from such account by order to the Town Board. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The amended fee of $3,000 shall apply to all site plans which receive final plat approval after the effective date of this Subsection D(5). [Amended 12-20-2011 by L.L. No. 26-2011]
§ 301-305. Application procedure; fees. [Amended 12-2-2003 by L.L. No. 26-2003; 4-19-2005 by L.L. No. 10-2005; 4-19-2005 by L.L. No. 11-2005; 11-21-2006 by L.L. No. 48-2006; 11-7-2007 by L.L. No. 33-2007; 12-6-2011 by L.L. No. 24-2011] A. Presubmission conference. Prior to the submission of a site plan application, the applicant and/or his agent may meet with the Planning Department to determine Zoning Code compliance, general engineering suitability and aesthetic compatibility. Said review shall be a process between the Planning Department staff and the project designer(s), with no time limitation or fee imposed. Plans shall include such drawings as shall clearly represent those structural, topographical and design features that the Town would require to evaluate the proposed construction, addition, reconstruction or alteration. The anticipated result of the preliminary review shall be a preliminary site plan which shall be acceptable for formal application and review. The presubmission conference shall be open to the public.
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B. Preliminary site plan application. (1) Subsequent to the presubmission conference, an application for preliminary site plan approval shall be made on the form for the same provided by the Planning Department. Ten copies, plus additional copies as may be required by other levels of government with jurisdiction over the site, of the application, a current survey prepared by a licensed surveyor, the site plan (if separate from the survey) and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Planning Department. [Amended 10-2-2019 by L.L. No. 19-2019] (2) A preliminary site plan shall conform to the requirements set forth in Subsection C(5) of this section and § 301-306 of this chapter. [Amended 10-2-2019 by L.L. No. 19-2019] (3) Within 10 days of receipt of the preliminary site plan application, the Planning Department shall determine whether or not the application is complete. The Planning Department shall reject any preliminary site plan application if it is not so complete or in conformance and shall notify the applicant, in writing, as to the reason for such rejection. The applicant may address all identified issues, be it incomplete or failing to conform to site plan submission requirements, and supplement the original preliminary site plan application within six months. If an applicant fails to address all identified issues within a six-month period from notification from the Planning Department, the application shall automatically be deemed abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to review, approve or deny a site plan application, and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator or the Chief Building Inspector shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator or the Chief Building Inspector's intent to deem the application abandoned. Upon a determination that a preliminary site plan application is complete, the Planning Department shall notify the applicant, in writing, of such determination and require the applicant to submit such additional copies of the preliminary site plan required by the Planning Department to accomplish the referrals of the proposal to the agencies listed in Subsection D(1) of this section as it deems appropriate. [Amended 10-2-2019 by L.L. No. 19-2019] (4) Planning Department review. Upon determining that a preliminary site plan application is complete, the Planning Department staff shall review the application and issue a written report. Based on its review, the Planning Department shall make a determination as to 301:407 § 301-305 RIVERHEAD CODE § 301-305
whether the preliminary site plan is acceptable for review by the appropriate reviewing board as set forth in this Code. A site plan shall be acceptable for board review when the proposed site plan contains all the information necessary for the reviewing board to undertake a review and all the information depicted in the site plan is accurate. If the Planning Department determines that the preliminary site plan is not acceptable for board review, it shall request that the applicant modify the preliminary site plan in accordance with the written report. If the Planning Department determines that the preliminary site plan is acceptable for board review, it shall place the preliminary site plan on the reviewing board's public hearing agenda for presentation by the applicant to the reviewing board. (5) Public hearing. (a) Upon a determination that a preliminary site plan is acceptable for board review, the reviewing board shall hold a public hearing to consider the application. (b) The Planning Department shall cause notice of such hearing to be made by publication at least 10 days prior to such hearing in the official newspaper of theown. T (c) The applicant shall erect or cause to be erected a sign, which shall be displayed on the parcel upon which the site plan application is made, facing each public street to which the property abuts, giving notice that an application has been made to the Town of Riverhead Town Board or the Town of Riverhead Planning Board, as appropriate, for preliminary site plan approval, along with the time and place of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign shall be furnished by the Planning Department and shall be the only sign to be used. The sign shall be displayed not less than 10 days immediately preceding the public hearing or any adjournment date. The applicant shall file an affidavit with the Planning Department that he/she has complied with the provisions of this section prior to the opening of the public hearing. (d) In addition, the applicant shall mail notice of the public hearing date, at least 10 days prior thereto, to every property owner, as shown on the current Town of Riverhead assessment rolls, of parcels within 200 feet of the borders of the property which is the subject of the public hearing. Such notice shall be by either certified or registered mail, return receipt requested. Proof of such notice shall consist of a copy of the assessment roles, the return receipts, and an affidavit attesting to compliance with this mailing notification. Such proof shall be submitted to the
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Planning Department prior to the public hearing. No additional mailing shall be required for an adjournment. (e) At the public hearing, the applicant shall present the preliminary site plan to the reviewing board. The reviewing board shall review the preliminary site plan application, the Planning Department written report and comments from any other agencies and receive comments from the public. The reviewing board shall receive written comments for 10 days following the close of the public hearing. Written comments shall be sent by United States mail or delivery service or shall be hand delivered to the Town Clerk. (f) In the event a preliminary site plan application is denied, the applicant may revise and resubmit the preliminary site plan, withdraw the application or prepare a submittal and proceed in accordance with the denied preliminary site plan and apply for final site plan review and approval within six months from the date of denial. If an applicant fails to revise and resubmit the preliminary site plan, withdraw the application or prepare a submittal and proceed in accordance with the denied preliminary site plan and apply for final site plan review and approval within six months from the date of denial, the Planning Department shall deem the site plan application abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to review, approve or deny a site plan application, and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator or the Chief Building Inspector shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator or the Chief Building Inspector's intent to deem the application abandoned. [Amended 10-2-2019 by L.L. No. 19-2019] (6) Decision on preliminary site plan application. (a) Based upon its review of the preliminary site plan application and such recommendations as it may receive from the Planning Department and other agencies and departments, and comments from the public, the reviewing board shall accept, accept with modifications or deny the preliminary site plan application. (b) The preliminary site plan approval shall be valid for one year from the date of approval.
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(c) Upon written request by the applicant and prior to the expiration set forth in § 301-305B(6)(b) above, the preliminary site plan approval may be extended for an additional six-month period of time after due consideration by the reviewing board. If an applicant fails to apply for final site plan review and approval within one year of preliminary site plan approval or, to the extent granted by the reviewing board, within the six- month extension period, the Planning Department shall deem the site plan application abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to review, approve or deny a site plan application, and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator or the Chief Building Inspector shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator or the Chief Building Inspector's intent to deem the application abandoned. [Amended 10-2-2019 by L.L. No. 19-2019] C. Final site plan review and approval. (1) Upon approval of a preliminary site plan by the reviewing board, or in the event the applicant elects to proceed with a denied preliminary site plan, the applicant shall prepare and submit a final site plan to the Planning Department. (2) An application for final site plan approval shall be made on the form for the same provided by the Planning Department. Fourteen copies, plus additional copies as may be required by other levels of government with jurisdiction over the site, of the application and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Planning Department. (3) Within 30 days of receipt of a final site plan, the Planning Department shall reject any application if it is not so complete or in conformance and shall notify the applicant as to the reason for such rejection. The applicant may address all identified issues, be it incomplete or failing to conform to site plan submission requirements, and supplement the original final site plan application within six months. If an applicant fails to address all identified issues within a six-month period from notification from the Planning Department that the final site plan application is incomplete, the Planning Department, on behalf of the Board vested with authority to review, approve or deny a final site plan, shall automatically deem the final site plan application abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to 301:410 § 301-305 ZONING AND LAND DEVELOPMENT § 301-305
review, approve or deny the final site plan and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator or the Chief Building Inspector shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator or the Chief Building Inspector's intent to deem the application abandoned. [Amended 10-2-2019 by L.L. No. 19-2019] (4) Revisions to an approved final 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. (5) The site plan shall be drawn to the following minimum scales: (a) Overall development plan sites of less than two acres: one inch equals 20 feet. (b) Overall development plan, sites of two acres or more: one inch equals 40 feet. (c) Detailed portions of a site plan, sites of any size: one inch equals 10 feet. D. Further processing. (1) If the application is complete, the Planning Department shall retain one copy of the submission and shall forward the remainder, within seven days, to the Town Clerk. The Town Clerk shall clock all elements of the final site plan application, shall retain one copy for the Town Clerk files and shall thereupon distribute the remaining copies for review and comment as follows: (a) One copy to the office of the Supervisor. (b) One copy to the Building Department. (c) One copy to the Town Attorney, as appropriate. (d) One copy to the Town's consulting engineer, as appropriate. (e) One copy each to the Highway Superintendent, Sewer District Superintendent and/or Water District Superintendent, as appropriate. (f) Two copies to the Fire Marshal. The Fire Marshal shall forward one copy to the Fire District. (g) One copy to the Architectural Review Board, as appropriate.
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(h) One copy to the Landmark Preservation Committee, as appropriate. (i) One copy to the Handicapped Advisory Committee, as appropriate. (j) One copy to the Town Engineer, as appropriate. (k) Three copies to the New York State Department of Transportation, as appropriate. (l) Three copies to the Suffolk County Department of Public Works, as appropriate. (m) One copy to the Central Pine Barrens Commission, as appropriate. (n) One copy to the Suffolk County Planning Commission, as appropriate. (o) An appropriate number of copies to any other appropriate governmental agency or Town Department. (2) The Planning Department will, upon review and receipt of comments from those named herein, initiate any amendments or revisions to the final site plan, or its component parts, through discussion with the applicant or his or her representative, in accordance with the Town Code of the Town of Riverhead and the aesthetic standards desired by the Architectural Review Board. The Planning Department will then recommend approval, approval with modifications, or disapproval, in a timely fashion, such that within 62 days of receipt of said completed application by the Town Clerk the appropriate reviewing board shall approve, approve with modifications, or disapprove said final site plan and shall state its reason(s) for modifications or disapproval. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the reviewing board. (3) Inactive site plan applications. Site plan applications which remain incomplete and/or for which the applicant initiates no activity for a period in excess of one year may be deemed withdrawn by the Town Building and Planning Administrator or the Chief Building Inspector, provided that at least 30 days' prior written notice is given to the applicant informing said applicant of the Town Building and Planning Administrator or the Chief Building Inspector's intent to deem the application withdrawn. If an application is inactive for more than two years, it shall be deemed withdrawn. [Amended 11-5-2014 by L.L. No. 17-2014; 11-1-2016 by L.L. No. 33-2016] E. The Building Department shall not issue a building permit for any site improvements for which the required applicable board site plan
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approval has not been secured. In the event that the applicable board requires modifications and the applicant agrees to same, the Building Department may thereupon issue a permit conforming to such modified plan without further submission to the applicable board.
F. Inspections. [Amended 5-16-2018 by L.L. No. 11-2018] (1) Subsequent to site plan approval and the issuance of a building permit, it is the obligation of the applicant to arrange for site plan inspections by filling out a site plan inspection form and providing the required fee upon the installation or construction of each of the following: (a) Drainage improvements prior to backfill. (b) Grading and site improvements prior to the first lift of paving. (c) Post construction prior to the issuance of a certificate. After first lift of paving. (d) Post-construction prior to the issuance of a certificate. (2) An inspection fee of $250 per inspection must be paid prior to each inspection and/or reinspection. (3) Six final as-built surveys must be submitted prior to post- construction inspection required by Subsection F(1)(d) of this section
G. Fees. [Amended 5-16-2018 by L.L. No. 11-2018] (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. [Amended 8-21-2018 by L.L. No. 17-2018]
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(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. (4) If any land clearing, site work or building construction or alteration is commenced prior to the submission of a site plan application, the required application review fee shall be double the fee delineated in § 301-305G(2) above and may exceed $30,000.
§ 301-306. Contents of application. [Amended 2-20-2013 by L.L. No. 3-2013] A. A completed site plan application and/or preliminary site plan application shall consist of the following: (1) A cover letter briefly describing the proposed project. (2) Completed site plan/preliminary site plan application forms, including the application for site plan approval, the site plan checklist, site plan disclosure affidavit, construction activity agreement, an environmental assessment form, Part 1, and Town of Riverhead agricultural data statement (if applicable). (3) The required site plan or preliminary site plan review fee as set forth in § 301-305G of this chapter. (4) The required number of site plans or preliminary site plans and current surveys as set forth in § 301-305B(1) of this chapter and as determined by the Planning Department. (5) A title report for the subject property, dated not more than three months prior to the date of submission of the application, prepared by a title company licensed in the State of New York containing a chain of title and any and all recorded covenants, declarations, restrictions and/or easements on the subject property. B. Site plan. The applicant shall cause a site plan map, drawn at the appropriate scale as per § 301-305C(5), to be prepared by an architect, landscape architect, civil engineer or surveyor. The site plan shall be no larger than 24 inches by 36 inches and shall include those of the elements listed herein which are appropriate to the proposed development or uses, including but not limited to those indicated by the Planning Department in the presubmission conference. This information, in total, shall constitute the site plan: (1) Legal data: (a) The name and address of the owner of record and Tax Map identifying number(s) of the parcel(s) involved.
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(b) The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. (c) The date, North arrow and written and graphic scale. (d) Key (location) map at a scale of one inch equals 600 feet. (e) The property description shall be prepared by a licensed surveyor or civil engineer. The site plan shall reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. (f) The locations, names and existing widths of adjacent streets and curblines. (g) The location with reference to identifiable street intersections. (h) The location, owners, and uses of all adjoining lands, as shown on the latest tax records. (i) The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to the public use within or adjoining the property. (j) A complete outline of existing easements, deed restrictions or covenants applying to the property. (k) Existing zoning. (2) Natural features: (a) Existing topography of the site and the immediately adjacent property in contours with intervals of two feet or less referred to a datum satisfactory to the Planning Board. On-site areas of greater than 15% slope need to be shown and the square footage provided. In addition, spot elevations will be required where contour elevations are less than two feet on the site. (b) The approximate boundaries of any areas subject to flooding or stormwater overflows. (c) Any existing woodlands, stand of or individual tree(s) or instance of unique or indigenous vegetation, and any other significant natural features, such as, but not limited to, water bodies, drainagecourses, fresh and salt water marshes, coastal dunes, bluffs, beaches, escarpments, overlook areas and wildlife habitats, must be included and every good faith effort made to preserve, maintain and enhance same. (d) The location of any existing cultural features, such as paleontological and archeological remains, old trails,
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agricultural fields, historic buildings and sites or those that contribute to the rural character of the community or possess a unique and/or identifiable feature. (3) Existing structures and utilities: (a) Outlines and locations of all existing buildings, structures and uses, including the area, as expressed in square feet, for each floor of all existing buildings, structures and uses as well as dimensions of property line setbacks to, and dimensions between, each building, structure and/or use. (b) Paved areas, including parking areas, loading areas, sidewalks, curb cuts, curbing and vehicular access between the site and public streets. Layout of existing parking and loading areas shall include dimensions of spaces, aisles and street approaches, the general circulation pattern with directional movement, existing curb cuts, traffic safety devices, drainage structures and their respective specifications. (c) Locations, dimensions, grades and flow direction of any existing culverts or waterlines, as well as other underground and aboveground utilities within and adjacent to the property. (d) Other existing development, including but not limited to fences; fire hydrant, cistern, well or other fire-protection devices; landscaping and screening; signs; and outdoor lighting. Data for all existing lighting as required by Code § 301-263 shall be included. (e) The location and use of all buildings and structures within 200 feet of the boundary of the subject property. (f) Photographs of all faces of existing structures on the site. (4) Proposed development: (a) The location and finished floor elevations of proposed buildings, structures and/or uses and/or additions to existing buildings and/or structures, including the area, as expressed in square feet, for each floor of all proposed buildings, structures and uses and indicating setbacks from all property lines and horizontal distances from existing buildings, structures or uses. (b) The location of proposed paved areas, including parking areas, loading areas, sidewalks, curb cuts, curbing and vehicular access between the site and public streets. Layout of proposed parking and loading areas shall include proposed dimensions of spaces, aisles and street approaches, the general circulation pattern with directional movement, proposed traffic safety devices, drainage structures and their respective
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specifications. The method used for computing parking and drainage requirements shall be included. (c) The location, direction, mounting height, power and time of use for any proposed outdoor lighting or public address systems. All data required by Code § 301-263 for all proposed lighting shall be included. (d) The location, including setbacks, for freestanding signs, and plans for any outdoor signs, which must be in accordance with applicable sign regulations. (e) Grading and drainage plans shall be based on a two-inch rainstorm retention for under one acre of ground disturbance and shall be based upon New York State Department of Environmental Conservation regulations for one acre or more of ground disturbance; drainage calculations, contours and spot grade elevations shall be shown. Any proposed regrading of the site must be shown. (f) Landscaping, buffering and street tree plans, including material size, quantity and location. A landscaping schedule including common and scientific names of plantings shall also be included. (g) The location of water and sewer mains, all utilities, including electrical service, gas, and cablevision installations; locations of water valves and hydrants and/or any alternate means of water supply and sewage disposal and treatment; fire hydrant, cistern, well or other fire-protection devices. (h) The locations of all outdoor storage areas for materials, vehicles, supplies, products or equipment if allowed by this chapter, the maximum height of such storage, and that such areas are adequately fenced or screened. (i) A table which demonstrates compliance, or the extent of noncompliance, with the Schedule of Dimensional Regulations for the applicable zoning district, unless waived by the applicable reviewing board. (j) Elevation plans for all faces of all buildings and structures at an appropriate scale, including cornice, trim, window, door, and column details; building colors and materials; heights of buildings and structures; photographs of the site showing neighboring structures; and any proposed signage. (k) Techniques by which topographic, natural, and cultural features found in Subsection B(2)(a), (c) and (d) above may be preserved on site, so as to maintain the prevailing character of the area.
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(l) If the development is to be phased, the site plan shall show and label all phases of the ultimate development. (m) Any other information deemed by the Planning Board to be necessary to determine conformity of the site plan with the spirit and intent of this chapter. (n) Unless waived by the applicable reviewing board, plans for all required improvements must be submitted by a professional engineer or licensed architect or, if appropriate, a registered landscape architect. Installation of such improvements must be under the direct supervision of a registered architect or licensed engineer.
§ 301-307. Conditions for approval. [Amended 11-21-2006 by L.L. No. 48-2006; 9-16-2008 by L.L. No. 33-2008; 9-1-2009 by L.L. No. 47-2009] In reviewing a site plan submitted to it under this article, the Planning Board and/or Town Board may call upon expert advice in varied disciplines to assist it in making the determination required of it. It shall seek to further the overall purposes and goals of this chapter, and of other applicable provisions of the Town Code and state law. Moreover, it shall make certain that any development plan it approves hereunder conforms to the following: A. Physical compatibility. The rural character and open space environment of the Town shall be fostered by preserving, whenever possible, significant built and natural features of the site. Extensive grading, clearing, cutting and filling, excavating or tree removal associated therewith shall be avoided. Screening with trees or other plantings may be required for parking and other disturbed areas which are created. Permitted coverage shall only be calculated based on buildable area of a site. Wetlands, slopes in excess of 15%, and cross-easements for roads, and other such areas as shall be so deemed, shall be nonbuildable. B. Protection of residential areas. Appropriate buffer landscaping, natural screening and fencing are to be provided in order to protect neighborhood tranquility, community character and property values. Further, any exterior spotlighting of buildings or grounds shall be from shaded sources and located so that light beams are not directed toward any residential lot. C. Parking. Parking areas and driveways shall be sufficiently drained so as to prevent ponding. All drainage structures, paving, access driveways and parking areas shall be laid out and constructed in accordance with the standards for such facilities contained in this chapter. Wherever feasible, parking areas shall be placed at the rear of buildings and/or screened by plantings so as not to be visible from the highway. No materials, merchandise, supplies, work in process, finished or semifinished products, waste materials, commercial vehicles or
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construction or earthmoving equipment shall be permitted to be used for an industrial or commercial purpose outside of a building in such a way as to present an unsightly appearance when viewed from adjacent roads or properties. Such materials, merchandise, etc., must be kept in the rear or side yard and screened by landscaping or fencing which is in harmony with the principal structure and which has been approved by the Town Board. Vehicles being repaired shall be screened from adjacent properties. The Riverhead Police Department or Code Enforcement Officials, as set forth in § 107-1 of the Riverhead Town Code, shall enforce all parking regulations within the parking areas of approved site plans. D. Access. Vehicular ingress and egress, interior traffic circulation, parking space arrangement, loading facilities and pedestrian walkways shall be planned and built so as to promote safety and efficiency. Vehicular entrances and exits shall be clearly visible from access streets and shall not be located within 75 feet of any street intersection. Approvals for said ingress and egress shall be obtained from the governing body of higher jurisdiction, where applicable. E. Lights. Lighting and lighted signs shall be placed and shielded in such a manner, and of such a height and intensity, as not to cause direct light to shine on other properties and shall not be permitted to create a hazard upon a public street. F. Water supply and waste disposal. Provisions for water supply and for sewage, garbage and other waste disposal must be adequate to the use, must ensure the health and safety of persons on and off the site and must not result in the avoidable depletion or degradation of the groundwater supply or harm surface water bodies, watercourses, wetlands or other natural features or systems. G. Utility supplies. All utilities must be constructed underground. H. Offer of dedication of cross-easements. The applicant shall show cross- easements for use by adjoining lands for ingress and egress. Where a site plan is approved with cross-easements, an offer of dedication shall be recorded with the County Clerk and a copy of the recorded instrument filed with the ownT Clerk. I. Performance bond, letter of credit or other equivalent security. Upon approval of a final site plan by the Planning Board and/or Town Board and prior to the issuance of a building permit, the applicant shall post a performance bond, letter of credit or other equivalent security in a form approved by the Town Attorney and adopted by resolution of the Town Board, in an amount equal to 100% of the cost of all public improvements as estimated by the Planning Department. The Town Board may, at its discretion, reduce or waive a performance bond, letter of credit or other equivalent security upon a showing of significant hardship. No certificate of occupancy shall be issued until all site improvements have been inspected and approved by the Planning
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Department and said performance bond, letter of credit or other equivalent security has been released by resolution of the Town Board. In the event that the applicant fails to comply with the provisions of this article, the performance bond, letter of credit or other equivalent security shall be forfeited to the Town, and the Town of Riverhead shall complete the site plan improvements. Where the cost of the public improvements exceeds the forfeited security, the additional cost, including but not limited to any legal fees incurred, shall be and constitute a lien upon the land upon which the public improvements are to be made and shall be included in the levy against such property and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Riverhead.
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ARTICLE LVII Special Permits [Added 10-1-2002 by L.L. No. 30-2002]
§ 301-308. Special permit general use requirements. [Amended 8-5-2008 by L.L. No. 28-2008] The special uses for which conformance with additional standards is required by this chapter shall be deemed to be special permit uses in their respective districts subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter, except as set forth in § 301-222A for preexisting, nonconforming single-family residences. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
§ 301-309. Approval of special permit use; duration. A. Special permits for special permit uses as authorized in this chapter shall issue from the Town Board. Special permits will issue in the form of a resolution of the Town Board, stating findings and conditions. B. The Town Board may condition the permit by requiring that the applicant actually complete construction and begin the specially permitted use in compliance with the conditions imposed by the Town Board within a time period of from one to three years. If the Town Board fails to specify a period to complete construction and begin the specially permitted use, the time period to complete construction and begin the specially permitted use shall be one year. C. The duration of a specially permitted use may be limited to a specified time period as set forth in the special permit resolution of the Town Board. If the Town Board is silent as to the duration of the specially permitted use, then said use shall be in perpetuity. D. A specially permitted use which has been discontinued for a period of one year or more shall be deemed abandoned.
§ 301-310. Application for special permit use. Application for a special permit use shall be made to the Town Board. Each such application shall contain the following data and information. In addition, each application shall contain any requirements specified by the Town of Riverhead Planning Board relating to the special permit use application: A. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it. In addition, the application shall demonstrate that
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the specially permitted use will be in harmony with the appropriate and orderly development of the district in which it is located. B. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site. In addition, the application shall demonstrate that the specially permitted use is such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. C. The application shall demonstrate that operations in connection with any special use will not be more objectionable to nearby properties than would be the operations of any permitted use not requiring a special permit. D. A written application, verified by the applicant, not an agent, where the applicant is the person or entity responsible and bound for the land use envisioned by the special permit. Where the applicant is not the owner of the real property, the owner must join in and swear to the truth of the application. [Amended 5-19-2009 by L.L. No. 34-2009] E. A conceptual site plan showing the proposed location of all proposed buildings, parking stalls, access locations, as well as front, rear and side yard setbacks, signed, sealed and certified by a New York State licensed engineer, architect or licensed land surveyor. F. A list of property owners based upon the most complete assessment roll filed with Town of Riverhead within a radius of 500 feet of the subject property. This requirement may be waived by the Town Board where the special permit sought is for the construction of a single-family dwelling. No person may object to any approval granted after notice is served by the applicant or designated representative pursuant to this definition, unless an objection is received by the Town Clerk, within 30 days of the date of publication of the public notice calling the hearing, alleging that he or she did not receive the notice provided for in this definition. Also, an affidavit signed by the applicant or designated representative attesting to serving the public notice as required by this definition must be filed with the ownT Clerk prior to the holding of the public hearing. G. Any other information deemed by either board, in its discretion, to be necessary for reasonable determination of the application. H. Expert testimony or reports by independent engineers, special counsel or architects shall be paid for by the applicant. I. Any applicant filing for a special permit to erect a one-family dwelling as authorized in this chapter may request in his or her application waiver of any of the requirements of special use permits. The Town Board shall have discretion to waive certain requirements upon demonstration by the applicant that such requirements are not essential to protect the public health, safety or general welfare.
§ 301-311. Application procedure; fees.
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A. Variances. The applicant must first apply to the Zoning Board of Appeals for any variance which may be necessary. Only after the applicant has obtained all necessary variances shall the Town Board act upon the special permit application. B. Referral to Planning Board; posting of notice of pending application. Any application made pursuant to the provisions of this article shall originate by an application to the Town Board, contrary provisions notwithstanding, and may be referred to the Planning Board upon being deemed complete by the Planning Department, which will transmit its recommendations to the Town Board within 62 days of referral. Upon application, the Town Clerk shall provide to the applicant a sign to be immediately posted at the property indicating that a special permit application is pending before the Riverhead Town Board. Thereafter, when a public hearing is scheduled by the Town Board, the Town Clerk shall forward by certified mail a copy of the public hearing notice to the applicant, wherein the applicant shall then fill in the date and time or the public hearing on the sign heretofore posted at the subject property. Before the Town Board can determine said special permit application, an affidavit executed by the applicant must be filed with the Town Clerk stating that he has complied with the posting requirements above outlined. [Amended 7-19-2005 by L.L. No. 22-2005] C. Town Board public hearing. After receipt of the recommendations of the Planning Board (in the event the application was referred to the Planning Board), the Town Board shall hold a public hearing upon public notice and other notices as required by the Town Law. The applicant or his/her representative shall forward a certified copy of the public hearing notice by certified mail to all property owners within a five-hundred-foot radius of the subject property posted at least seven days prior to the date of the public hearing, and the applicant shall pay all expenses of said hearing, including but not limited to publication costs, postage and transcription of testimony. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. All testimony at the public hearing before the Town Board shall be given under oath. The Town Board may require the sworn testimony of such persons as it deems necessary for a full and complete hearing on the application. The Town Board may adjourn the public hearing for the purpose of taking further testimony or requiring the production of further information. The Town Board shall decide upon the application within 62 days after the close of the hearing. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Town Board on the application after the close of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. [Amended 7-19-2005 by L.L. No. 22-2005; 12-27-2012 by L.L. No. 33-2012]
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D. Fees. The fee for review of a special permit application which would result in construction of a building(s) or a disturbed area of less than 4,000 square feet shall be $1,000. The fee for review of a special permit application for construction of a building(s) or disturbed area of 4,000 square feet or greater shall be $2,000. The required fee shall be paid upon submission of the application to the Town Clerk. [Amended 12-2-2003 by L.L. No. 26-2003157; 6-4-2019 by L.L. No. 17-2019]
§ 301-312. Items to be considered by reviewing board. The Town Board and the Planning Board may consider, among other matters or factors which either Board may deem material, whether: A. The site is particularly suitable for the location of such use in the community. B. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. C. The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly. D. Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public in relation to the general character of the neighborhood and other existing or permitted uses within it, and to avoid traffic congestion; and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances. E. All proposed curb cuts and street intersections have been approved by the street or highway agency which has jurisdiction. F. Adequate provisions have been made for emergency conditions. G. There are off-street parking and truck loading spaces at least in the number required by the provisions of this chapter, but in any case, an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and further, that the layout of the spaces and driveways are convenient and conducive to safe operation. H. Adequate buffer yards, landscaping, walls, fences and screening are provided where necessary to protect adjacent properties and land uses. I. Where necessary, special setback, yard, height and building area coverage requirements, or easements, rights-of-way or restrictive covenants, shall be established.
157.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:424 § 301-312 ZONING AND LAND DEVELOPMENT § 301-313
J. Where appropriate, a public or semipublic plaza or recreational or other public areas will be located on the property. K. Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character. L. Existing municipal services and facilities are adequate to provide for the needs of the proposed use. M. The use will tend to generate or accumulate dirt or refuse or tend to create any type of environmental pollution, including vibration, noise, light, electrical discharges, electromagnetism, odors, smoke or irritants, particularly where they are discernible on adjacent properties or boundary streets. N. The construction, installation or operation of the proposed use is such that there is a need for regulating the hours, days or similar aspects of its activity. O. The proposed use recognizes and provides for the further special conditions and safeguards required for particular uses as may be determined by the Town Board or the Planning Board. P. The design, layout and contours of all roads and rights-of-way encompassed within the site of the application are adequate and meet Town specifications. Q. Adequate provisions have been made for the collection and disposal or solid wastes, including but not limited to the screening of all containers. R. That the intensity of the proposed specially permitted use is justified in light of similar uses within the zoning district.
§ 301-313. Conditions. The Town Board, in its resolution approving or approving with modifications a special permit pursuant to this article, may make and include certain reasonable conditions and restrictions in its discretion directly related to and incidental to the special permit, including but not limited to the following: A. The posting of performance bonds to guarantee the performance of any or all conditions imposed by the resolution. B. The imposition of fees or, in lieu thereof, dedication of land or open space easements in an amount or form to be determined by the Town Board as necessary to adequately recompense the Town for the additional municipal service requirements to be provided as a result of the granting of the special permit. C. The filing with the County Clerk of the County of Suffolk of covenants and restrictions, easements or other recordable agreements running
301:425 § 301-313 RIVERHEAD CODE § 301-314
with the land and binding upon all successors of the applicant to guarantee or implement the provisions of the special permit.
§ 301-314. Town Board determination. The Town Board shall determine that: A. The use will not prevent or substantially impair either the reasonable and orderly use or the reasonable and orderly development of other properties in the neighborhood. B. The hazards or disadvantages to the neighborhood from the location of such use at the property are outweighed by the advantage to be gained either by the neighborhood or the Town. C. The health, safety, welfare, comfort, convenience and order of the Town will not be adversely affected by the authorized use. D. Such use will be in harmony with and promote the general purposes and intent of this chapter.
301:426 § 301-315 ZONING AND LAND DEVELOPMENT § 301-315
ARTICLE LVIII Condominium Maps [Added 1-13-1987 by L.L. No. 1-1987]
§ 301-315. Condominium map approval. A. The Planning Board is hereby empowered to approve condominium maps for filing with the Clerk of the County of Suffolk, subject to all applicable rules and regulations and the payment of a recreation fee of an amount equal to $3,000 per dwelling unit to the Town of Riverhead. In lieu of a cash payment, the developer may post a bond or letter of credit equal to the total fee, as required herein. The term of such bond or letter of credit shall extend for a period of two years and six months. After two years from the date of the issuance of the bond or letter of credit, the balance of the fee covering all the lots shall be due. The Town Board may extend the due date upon proof that the bond or letter of credit remains in full force and effect. The Clerk of the Planning Board shall maintain a log of the expiration dates of all such bonds. Where such cash or letter of credit is deposited, the fee of $3,000 shall be paid to the Town of Riverhead prior to the issuance of each certificate of occupancy by the Building Inspector. [Amended 3-2-1993 by L.L. No. 2-1993; 9-19-2000 by L.L. No. 9-2000] B. An applicant seeking to file a condominium map with the Clerk of Suffolk County shall first submit such condominium map to the Riverhead Planning Board with a preliminary engineering review fee of $100 for each condominium unit shown on said map. Upon receipt of the condominium map, the Clerk of the Planning Board shall transmit said map to the Suffolk County Planning Commission for its review and recommendation. Upon receipt of the recommendations of the Suffolk County Planning Commission, the Planning Board shall determine to approve said map, approve said map with modifications or disapprove said map with reasons.
301:427
§ 301-316 ZONING AND LAND DEVELOPMENT § 301-317
Part 5 Administration And Enforcement
ARTICLE LIX Administration
§ 301-316. Enforcement officer. [Amended 6-15-1976] This chapter shall be enforced by the Zoning Officer of the Town of Riverhead.
§ 301-317. Permits. [Amended 6-15-1976] A. Permitted uses require a building and/or use permit from the Building Department. No building, structure or other construction specifically required by this chapter to have a permit shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Officer. No premises for which a use permit is required by this chapter shall be used for such purpose until a permit therefor has been issued by the Zoning Officer. Where a variance, special exception or special permit is required, no such permit shall be issued until a copy of the determination of the appropriate body granting such variance, special exception or special permit is filed with the office of the Zoning Officer. [Amended 7-3-1979] B. There shall be submitted with all applications for a permit three copies of a layout or plot plan showing the actual dimensions of the lot or parcel of land to be built upon, the exact size and location on the lot or parcel of land of the building and/or accessory buildings to be erected and such information as may be necessary to determine that the proposed construction will comply with the provisions of this chapter. The plot plan shall be drawn to scale. In reviewing an application for a permit, the Zoning Officer may require the applicant to submit his deed or other instrument or record conveying title to the applicant. C. All completed applications must be acted upon by the Building Department. [Amended 12-6-1977; 8-20-1985158] D. One copy of each layout or plot plan shall be returned when approved by the Zoning Officer, together with such permit, to the applicant upon payment of such fee for principal buildings and other buildings, structures or uses as shall be fixed by resolution of the Town Board and posted in the office of the Zoning Officer. E. The construction authorized by the building permit shall be commenced within four months and completed within 12 months from the date of issuance of the permit. Pool permits shall commence on the date of
158.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:429 § 301-317 RIVERHEAD CODE § 301-318
issuance and shall be completed within four months from the date of issuance. [Amended 9-17-2007 by L.L. No. 28-2007] F. If the construction is not commenced within the above-specified time, the building permit shall be null and void. [Amended 5-17-1977] G. Commencement of construction of a building shall mean that the foundation and the bearing walls and/or the piers have been constructed or erected to the height of the girders or beams which support the first story of the building and, in the case of other structures, that the bases, piers, posts or other supporting members have been constructed or erected. H. Completion of construction shall mean that the entire work shown on a plan has been constructed in accordance with the requirements for a certificate of occupancy. I. Prior to issuing a permit, the Zoning Officer shall require the applicant to file copies of all permits required to be obtained beforehand from any other municipality, board or agency. If any such other permit invalidates any data therefor submitted by the applicant to the Town Board, Planning Board or Zoning Board of Appeals where the prior approval of such Board is required herein, the applicant must submit a revised plan showing the change and the Zoning Officer shall thereupon refer the revised plan to the appropriate Board for its approval or disapproval. J. No building permit shall be issued for the construction or alteration of any structure located on a freshwater or tidal wetland, as defined by Chapter 295, Wetlands, of the Code of the Town of Riverhead, until the applicant has complied with all the provisions of said Chapter 295 and has obtained a permit pursuant to said Chapter 295 when necessary. [Added 5-17-1977] K. The Zoning Officer shall receive and act upon applications pursuant to Chapter 229, Article II, Grading, of the Code of the Town of Riverhead, as applicable. [Added 5-16-1978]
§ 301-318. Certificate of occupancy. [Amended 6-15-1976] A. No building, structure or other construction specifically required by this chapter to have a permit shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Zoning Officer. This requirement is in addition to any certificate of occupancy required by any other local law or ordinance of the Town of Riverhead, although all such certificates may be set forth as one document. B. The following documents must accompany an application for a certificate of occupancy:
301:430 § 301-318 ZONING AND LAND DEVELOPMENT § 301-318
(1) An electric underwriters' certificate from the Building Department whenever electrical work was done or shown on the permit application.159 (2) Suffolk County Department of Health Services certification for sanitary installations required under the Sanitary Code. (3) A survey by a licensed land surveyor showing the location of the building and additions and alterations with respect to side and street lines after completion of the work for which the certificate is requested. Except where a variance or special exception is applicable to the work for which a certificate is requested, however, the requirement for a survey may be waived by the Zoning Officer upon a determination by him, by personal observation or reliable information, that the distances and locations involved are clearly in compliance with all area and setback requirements. C. Upon written request and upon the payment of a fee in the amount to be fixed by resolution of the Town Board and posted in the office of the Zoning Officer, the Zoning Officer shall, after inspection, issue a certificate of occupancy for any existing use and/or occupancy of a building, structure or land, certifying such use and/or occupancy and whether or not the same conforms to the provisions of this chapter. D. Temporary certificate of occupancy. In case of undue hardship, the Building and Zoning Department official may issue a temporary certificate of occupancy valid for a period of six months for any building, structure or use. The Building and Zoning Department official may extend the temporary certificate of occupancy for no more than two successive six-month periods. The Town Board may issue an extension of the temporary certificate of occupancy beyond 18 months if the applicant is able to satisfy the criteria set forth below and prove that the unavoidable delay set forth in Subsection D(2) below is related to or caused by local or regional public improvements: [Added 5-17-1977; amended 7-3-1979; 8-4-1981; 3-2-1993; 12-15-2009 by L.L. No. 66-2009] (1) Such building or structure is in itself in conformance with the New York State Uniform Fire Prevention and Building Code and all other applicable ordinances or regulations. (2) All site development requirements are essentially completed but that, due to unavoidable delays, they cannot be entirely completed as required in a reasonable time. (3) On investigation, the Building and Zoning Department official shall approve of such temporary certificate of occupancy.
159.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:431 § 301-318 RIVERHEAD CODE § 301-319
(4) A cash deposit in escrow in an amount established by the Building and Zoning Department official shall be provided to insure satisfactory completion of all required improvements within a period of six months or such other extension of time granted by the Building and Zoning Department official or the Town Board. Failure to comply with this time limitation shall render such escrow in default, and the Town may utilize the deposited money in the Town of Riverhead Town account set up for this purpose. The actual work completing the improvements may be performed by one of the Town's departments or a private contractor selected by public bid.
E. Certificate of occupancy, owner-occupied during construction. [Added 5-17-1977; amended 1-17-1984; 2-7-1984] (1) The Building and Zoning Department shall issue a temporary certificate of occupancy as provided for in Subsection D hereinabove where an affidavit duly executed is filed with the Building Department stating that:160 (a) The applicant is the owner of the residential structure for which a building permit has been duly issued by the Riverhead Building Department showing the applicant as the builder of such residential structure. (b) Operating electrical, heating and plumbing is installed. (c) The applicant desires to move into his/her house before construction is completed and that all additional construction to be completed will be done by the applicant. (d) The applicant shall hold the Town of Riverhead harmless. (2) Where such an affidavit is filed, the Building and Zoning Department shall inspect the premises to determine the accuracy of the affidavit and shall issue a provisional certificate of occupancy permitting the owner/builder and his family to reside at the premises for a term not to exceed six months pursuant to a provisional certificate of occupancy. Such certificate may be renewed upon a showing that the applicant is diligently completing the improvements required by the building permit. However, no extension shall be granted beyond a period of 18 months. F. Fees. Fees for building permit application and for issuance of building permits and certificates of occupancy shall be determined by the Town's Building and Zoning Department. [Added 1-17-1984]
160.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:432 § 301-319 ZONING AND LAND DEVELOPMENT § 301-320
§ 301-319. Stop orders. [Added 5-25-1976; amended 1-4-2005 by L.L. No. 1-2005] The Building or Zoning Inspector, upon investigation of any violation of this chapter, shall have the authority hereby to post a stop order in a form approved by the Town Board. Said stop order shall be posted at the site of said violation. It shall be a further violation of this chapter to remove said stop order or to continue the use or construction specified in said stop order until the violation is corrected or adjudicated. The Building Inspector may designate one or more persons with authority to enforce the Town Code pursuant to § 107-1 to issue a stop order as set forth in this section on a case-by-case basis, provided those persons are certified Code Enforcement Officials.
§ 301-320. Penalties for offenses. A. A violation of any provision or requirement of this chapter or a violation of any statement, plan application, permit or certificate approved or issued under the provisions of this chapter shall be deemed a violation, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. [Amended 5-25-1976; 8-21-1979; 12-29-1989] B. Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense. C. Each week's continued violation shall constitute a separate, additional violation. D. The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law. E. Civil penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction, violations of this chapter; and any other remedies which the Town Attorney may deem necessary and proper. [Added 8-15-2006 by L.L. No. 31-2006] (1) Any person found to have violated any of the provisions of this chapter shall be subject to a civil penalty. (2) Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this chapter shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or
301:433 § 301-320 RIVERHEAD CODE § 301-320
proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law for a violation of this chapter. (3) Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in each and every fifteen-day period. (4) All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectable by a tax assessment against the property on which said violation occurred. (5) Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law. There is no requirement of notice prior to the commencement of a civil action. (6) Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. (7) Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case no longer than 15 days for each civil action filed.
301:434 § 301-321 ZONING AND LAND DEVELOPMENT § 301-323
ARTICLE LX Amendments and Changes
§ 301-321. Authority of Town Board. The Town Board, upon its own motion or by petition, may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in accordance with the Town Law.
§ 301-322. Applications for change or amendment. [Amended 12-6-1988; 12-27-2012 by L.L. No. 33-2012161] All petitions for changes or amendments to this chapter (including any part incorporated therein), exclusive of a change or amendment initiated by the Town Board on its own motion, shall be made by filing the original and 13 copies and shall be accompanied by 14 copies of an accurately drawn map showing the dimensions of the property to be considered, tied in by distance to the nearest recognized street intersection. A last owners search certified by a New York State licensed attorney at law or title company with offices in Suffolk County, certifying the current owner of all adjoining parcels within a radius of 500 feet of the subject property, shall be filed with the Town Clerk. For the purpose of this section, "current owner" shall mean the owner of record as shown on the current Riverhead Town assessment roll. Upon application, the Town Clerk shall provide to the applicant a sign to be immediately posted at the property indicating that a change of zone application is pending before the Riverhead Town Board. Said application shall be referred to the Planning Board, which will transmit its recommendations to the Town Board within 60 days of the date of referral. After receipt of the recommendations of the Planning Board, the Town Board shall hold a public hearing upon notice as required by § 265 of the Town Law. The Town Clerk shall forward the public hearing notice to the applicant, or his agent, by certified mail, and the applicant, or his agent, shall then fill in the date and time of the public hearing on the sign heretofore posted at the subject property. Additionally, the applicant, or his agent, shall forward a certified copy of the public hearing notice, by certified mail, to all property owners within a five-hundred-foot radius of the subject property, posted at least seven days prior to the date of the public hearing to be affected by the change of zone, and the applicant shall pay all expenses of said hearing, including but not limited to publication costs, postage and transcription of testimony. The Town Board may require the sworn testimony of such persons as it deems necessary for a full and complete hearing on the application. The Town Board may adjourn the public hearing for the purpose of taking further testimony or requiring the production of further information.
§ 301-323. Fee. [Amended 12-29-1989; 5-20-1997; 12-2-2003 by L.L. No. 26-2003]
161.Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I). 301:435 § 301-323 RIVERHEAD CODE § 301-325
A. Prior to the filing of each application for a change or amendment of this chapter, a fee shall be paid to the Town Clerk with respect thereto in the following amounts: (1) Change of zone petition resulting in construction of a building or buildings with a total area of less than 4,000 square feet or less shall be $1,500. (2) Change of zone petition resulting in construction of a building or buildings with a total area of 4,000 square feet or greater shall be $2,500. B. The cost of the publication of notice of public hearing shall be paid by the applicant prior to the date of public hearing.
§ 301-324. Affidavit to accompany applications. Each application shall be accompanied by the affidavit of a person having personal knowledge of the facts, stating the name and address of each person, firm or corporation having an interest in the property to be considered and the name and address of each officer, director, shareholder and person owning any interest in any such firm or corporation or in the firm or corporation making the application. Only the 10 largest shareholders of a corporation need be listed. In lieu of the listing of shareholders, the affidavit may show the listing of the corporation's stock on a recognized stock exchange.
§ 301-325. Effect on disclosure requirement. [Amended 7-6-1971] Nothing herein shall be deemed as to affect the disclosure requirement of § 809 of the General Municipal Law. Disclosure under § 809 shall be by affidavit submitted with each application, either by setting forth the names of the persons covered by that section or by stating that there are no such persons. The affidavit required by § 809 may be combined with any affidavit required hereunder, as may be convenient.
301:436 § 301-326 ZONING AND LAND DEVELOPMENT § 301-326
ARTICLE LXI (Reserved)
§ 301-326. through § 301-329. (Reserved)
301:437
§ 301-330 ZONING AND LAND DEVELOPMENT § 301-330
ARTICLE LXII (Reserved)
§ 301-330. through § 301-332. (Reserved)
301:439
§ 301-333 ZONING AND LAND DEVELOPMENT § 301-333
ARTICLE LXIII Planned Development (PD) Zoning Use District [Added 8-16-2016 by L.L. No. 24-2016]
§ 301-333. Overview and historical background. A. The former Naval Weapons Industrial Reserve Plant at Calverton (NWIRP) in the Hamlet of Calverton, in the Town of Riverhead, was previously owned by the United States Navy and leased by the Grumman Corporation for final assembly and flight testing of military aircraft. In 1996, Northrup Grumman closed nearly all of its facilities on Long Island and chose not to renew its lease for NWIRP, causing economic dislocation and unemployment for residents of the Town of Riverhead and the surrounding region. B. In 1995, the Town of Riverhead commissioned the preparation of a comprehensive plan for the redevelopment and reuse of the NWIRP site in order to guide its transformation into an engine for regional economic growth. In 1996, a Comprehensive Reuse Strategy for the Naval Weapons Industrial Reserve Plant at Calverton was prepared, which described how to manage the transition of the site from its dependence on defense-related procurement to reliance on a broad range of private sector economic activity. This resulted in the United States Navy conveying approximately 2,900 acres of NWIRP to the Town of Riverhead in 1998, conditioned upon the Town's reuse of the property for economic development. C. Subsequent to the 1998 conveyance, approximately 492 acres were subdivided from the approximately 2,900 acres as a privately held industrial subdivision (Calverton Camelot). The remaining 2,323.9 +- acres, now known as the "Enterprise Park at Calverton (EPCAL)" or "EPCAL Property," is generally bounded by New York State Route 25 (Middle Country Road) to the north, industrial uses and Peconic Avenue to the east, Grumman Boulevard (Swan Pond Road, also known as "River Road") to the south, and Wading River-Manorville Road to the west. D. Beginning in 2011, the Town embarked on updating, developing and implementing a reuse and revitalization plan to meet the current economic, market and site conditions. The comprehensive and extensive analysis of economic, market, environmental, traffic, sewer, water, and myriad other factors, together with participation of state, regional, local departments and agencies, and other interested groups, resulted in a reuse and revitalization plan that meets the economic and urban renewal goals of the original conveyance and will assist the state, county, and Town in recapturing potential investment, growth, and employment opportunities for this region. E. On August 2, 2016, the Town of Riverhead Town Board adopted a Reuse and Revitalization Plan for EPCAL, which functions as an urban renewal
301:441 § 301-333 RIVERHEAD CODE § 301-335
plan for the aforesaid area of 2,323.9 +- acres. The Reuse and Revitalization Plan for EPCAL consists of two documents: (1) Subdivision Map; and (2) Reuse and Revitalization Plan. F. This Planned Development Zoning District (PD District) is one of the instruments of implementation of the public purposes and objectives of the Reuse and Revitalization Plan for EPCAL. The Reuse and Revitalization Plan for EPCAL, in concert with the PD District, establishes a comprehensive plan for the reuse of the EPCAL Property.
§ 301-334. Legislative authority; supersession of Town Law. The action of the Town of Riverhead in the adoption of the PD District is authorized under Statute of Local Governments § 10(6) and Municipal Home Rule Law §§ 10(1)(ii)(a)(14), 10(1)(ii)(d)(3), and 10(2), and is intended to and shall supersede Town Law § 261-b (relating to incentive zoning), Town Law § 261-c (relating to planned unit development zoning districts), Town Law § 262 (relating to zoning districts), Town Law §§ 263 and 272-a (relating to comprehensive plans and zoning purposes), Town Law § 269 (relating to zoning law conflicts), Town Law §§ 270 and 273 (relating to official maps and changes thereto), Town Law § 274-a (relating to site plan review and approval), Town Law § 274-b (relating to special use permits), Town Law §§ 276, 277, 278, and 279 (relating to subdivisions), and Town Law § 280-a (relating to permits for buildings not on improved mapped streets) to the extent that this article is inconsistent with such statutory provisions.
§ 301-335. Legislative intent. A. It is the intent of the PD District to promote the expeditious and orderly conversion and redevelopment of the EPCAL Property by allowing for flexibility in providing a mix of uses in order to prevent further blight, economic dislocation, and additional unemployment, and to aid in strengthening the New York State economy, the regional economy, and the economy of the Town of Riverhead. The purpose of the PD District is to enable, encourage, and qualify the implementation of the following policies. (1) Promoting economic development opportunities; (2) Encouraging the efficient use of land; (3) Encouraging flexibility and consistent high quality in site and architectural design; and (4) Facilitating new development that increases the area's marketability and enhances the tax base.
301:442 § 301-335 ZONING AND LAND DEVELOPMENT § 301-339
B. Redevelopment of the EPCAL Property shall be pursuant to the Reuse and Revitalization Plan for EPCAL, which consists of a subdivision map filed pursuant to the requirements of the Town Code for the Town of Riverhead, and the updated and amended urban renewal plan, Reuse and Revitalization Plan and, as may be amended from time to time, for the redevelopment of a portion of property identified and designated as an urban renewal area under the original urban renewal plan, Calverton Enterprise Park Urban Renewal Plan, adopted in 1998 and consistent with "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013. The Reuse and Revitalization Plan is included as part of this article and specifies, among other things, representative types and general locations of land uses in the proposed PD District, and the general scale and location of development within the PD District.
§ 301-336. Activation of provisions; effect on other laws. A. The provisions of this article are activated by "will" or "shall" when required; "should" when recommended; and "may" or "can" when optional. B. The provisions of this article shall supplant, supersede, and prevail over any other chapters, articles, and provisions of the Code of the Town of Riverhead (hereinafter the "Town Code"). Except as otherwise provided in this article, any other chapters, articles, or provisions of the Town Code that are inconsistent with, in conflict with, or in addition to the aforesaid Reuse and Revitalization Plan for EPCAL, which may be updated from time to time, shall have no application, force, or effect within the PD District.
§ 301-337. Applicability. The provisions of the PD District shall encompass the following parcels on the Suffolk County Tax Map, as well as all roadways, shown on the subdivision map referred to in § 301-336B above, that lie between or adjacent to such parcels: SCTM Nos. District 600, Section 135, Block 1, Lots 7.1, 7.2, 7.33, and 7.4, or as more particularly described in the Reuse and Revitalization Plan.
§ 301-338. Reuse and Revitalization plan for EPCAL. The Reuse and Revitalization Plan incorporated in this article designates the lots comprising the PD District, the various roadways within and adjacent to those lots, stormwater facilities, and sewer and water infrastructure, among other things. In reviewing proposed development in the PD District, the Town Board shall determine if such proposed development complies with the Reuse and Revitalization Plan and with the descriptions, building forms, and development parameters, as described in the Reuse and Revitalization Plan and set forth in subsequent sections of this article.
301:443 § 301-339 RIVERHEAD CODE § 301-339
§ 301-339. Development procedures and process. Recognizing the importance of comprehensive redevelopment of the lands in the EPCAL Property in accordance with the aforesaid Reuse and Revitalization Plan, which may be updated from time to time, the provisions of this article and "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013: A. The development of any lands within the PD District shall require the submission of a site plan application that conforms to the requirements of the Reuse and Revitalization Plan and is subject to Town Board site plan approval pursuant to Town Code of the Town of Riverhead, Chapter 301, § 301-303A. Notwithstanding anything to the contrary set forth in Chapter 301 and pursuant to Municipal Home Rule Law and consistent with General Municipal Law Articles 15 and 15A and "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013, as permitted principal uses require site plan approval and residential use must be supportive of a permitted principal use, the Town Board shall be vested with review and approval jurisdiction for all principal and supportive uses, including residential. B. As part of site plan review and approval process by the Town Board, the Town shall refer the application to all relevant state and local agencies within 10 days of a complete application as required pursuant to § 5(2) of "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013. In addition, at any time after submission of an application, the Town Board may refer the application to the Planning Department or Planning Board for report and recommendation. C. Prior to the submission of a site plan application, the applicant shall meet with the Town Board or Planning Department to determine Zoning Code compliance, general engineering suitability and aesthetic compatibility. The plan shall be prepared by a New York State licensed landscape architect, land surveyor, architect or engineer and shall include such drawings as shall clearly present those structural, topographical and design features that the Town would require to evaluate the proposed construction, addition, reconstruction or alteration. The goal of the pre-submission conference shall be a site plan acceptable and complete for formal application pursuant to § 301-306 and review pursuant to § 301-305C. Note: Section 301-305B shall not be applicable and as such, no preliminary site plan application and/or approval shall be required. D. Any resolution of approval or conditional approval issued by the Town Board shall be subject to § 5(2) and (3) of "An Act in relation to a plan for the development of the Enterprise Park at Calverton." To the extent required, the applicant shall obtain all approvals, licenses, and/or permits required from other governmental agencies having jurisdiction over the proposed development.
301:444 § 301-339 ZONING AND LAND DEVELOPMENT § 301-341
E. Notwithstanding anything to the contrary above, the Town Board may adopt by resolution such other guidelines or procedures deemed necessary and appropriate to effectively and efficiently initiate, review and complete site plan process.
§ 301-340. Definitions. The following terms, phrases, words and their derivatives shall have the meanings given herein: USE, PRINCIPAL — The main or primary purpose for which a structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this article. USE, SUPPORTIVE — A use which exists within the EPCAL Property and which supports the employees and/or tenants of the principal use(s).
§ 301-341. Use regulations. Although this article has been established to emphasize building form more than use, the following use regulations shall apply to uses in the PD District: A. Principal uses. All uses that promote economic development shall be permitted in the PD District, including, but not limited to, industrial; institutional; educational; governmental; recreational; conservation; manufacturing; renewable and alternative energy resources (including generation and distribution of such energy resources, storage and demand response resources); commercial, except for those commercial uses described as retail, personal service and restaurant and deemed supportive pursuant to § 301-341B(2) below, and the development of public facilities, utilities, and infrastructure necessary to support those uses. Notwithstanding the above, the following industrial, manufacturing and commercial uses shall be prohibited: garbage disposal dumps, landfills, incinerators or transfer stations; gas stations and gas manufacture from coal, coke, or petroleum; petroleum and/or kerosene distillations or refining and storage facilities, sand, gravel, mineral quarrying and mining; motor vehicle, boat, and equipment dismantling, wrecking, and compacting; outdoor sale or storage of motor vehicles, boats, and equipment except by special permit of the Town Board and subject to the following minimum standards: Outdoor storage must be incidental and supportive to the principal use and building(s); outdoor storage may not exceed one third the size of the principal building(s); outdoor storage must be located on the same lot as the building(s) for principal use; outdoor storage areas shall be visually screened and landscaped from public view, roadways, and adjacent properties; manufacture, warehousing, wholesaling, sale and storage of hazardous, dangerous, explosive material, including ammunition, acids, and any use which generates offensive noise, vibration, dust, smoke, gas or other nuisances shall be prohibited. B. Supportive uses. In order to promote the EPCAL Property as a planned development community, the following uses shall be permitted as 301:445 § 301-341 RIVERHEAD CODE § 301-342
supportive uses, on a limited basis, targeted to the employees and tenants of the permitted principal uses within the EPCAL Property and not designated for primary use by the general public: (1) Residential. The PD District shall allow a limited number of attached residential housing units, located on the same lot and in support of a principal permitted use, within that portion of the EPCAL Property described as Zone One, Zone Three and Zone Four of the Map titled "Preferred Alternative," adopted by the Town Board, as governing body of the Community Development Agency, by Resolution No. 5 adopted on May 7, 2013. The attached residential housing units shall only be permitted on a lot greater than 10 acres or a combination of lots located adjacent to each other such that the total combined acreage of said lots is greater than 10 acres. The total number of residential units within the EPCAL Property shall be limited to 300; however, an applicant may make application for a special permit for a principal use with residential units that exceed the limit of 300 residential units. The applicant for a special permit which includes supportive residential units in excess of the limit of 300 housing units must adhere to the requirement of a minimum lot size of 10 acres and demonstrate that the residential units are an essential and integral component of such principal use, i.e., scientific research or development facility or the like. (2) Retail, personal service, or restaurant. The PD District shall only permit retail, personal service, and restaurant uses specifically designed to support permitted principal or other supportive uses within the EPCAL Property. The floor area for any supportive use, other than residential described above, shall be located within the floor area of the principal use and shall not exceed 10,000 square feet of floor area per supportive use and 20,000 square feet per principal use and/or lot. The total or maximum floor area within the EPCAL Property shall not exceed 500,000 square feet.
§ 301-342. Bulk requirements for individual lots. Bulk requirements for individual lots shall be determined as part of the site plan approval process, per Article XXVI of the Zoning Ordinance, consistent with the Reuse and Revitalization Plan for EPCAL. The following requirements shall guide the Town Board through the approval process: A. Individual lot sizes, minimum yards, and minimum setbacks are not specified herein, except individual lot size shall not be less than four acres. Nothing herein shall prevent an applicant from making application for a merger of adjoining lots to meet the minimum lot size requirement. Buildings may be arranged in conformity with the impervious area coverage and maximum height standards set forth herein. In reviewing any application for site plan approval, the Town Board shall be guided by the Reuse and Revitalization Plan for EPCAL, standards set forth elsewhere in this article for comparable uses, and 301:446 § 301-342 ZONING AND LAND DEVELOPMENT § 301-343
by common best planning practices, to the extent that the resulting development shall be compatible with the surroundings, and to assure the quality and consistency of the uses proposed to be developed on the site. B. Maximum impervious area coverage shall be 90% of the site area. Coverage requirements may, however, be modified by the Town Board as part of the site plan approval process. C. No more than 15% of any individual lot shall consist of fertilizer- dependent vegetation. D. Structures shall have a maximum height of 75 feet; however, structures in excess of 75 feet may be approved by the Town Board, subject to the submission of a visual assessment as part of the site plan application. Such assessment shall visually depict the proposed building height, its relationship to adjacent structures and uses, and any potential shadowing effects and demonstrate the need to exceed the height restriction. E. To the extent that FAA rules and regulations are applicable to a site proposed for development, building heights shall conform to 14 CFR 77 and all such other Federal Aviation Administration (FAA) standards and regulations. F. All areas not used for buildings, circulation, parking, storage, maintenance, or utilities shall be landscaped and maintained in good condition. G. Suitable access for emergency vehicles shall be provided for all structures as determined during the site plan review process. H. The right-of-way and pavement widths for internal roads shall be consistent with the Reuse and Revitalization Plan for EPCAL and shall be subject to all other applicable Town ordinances. I. Parking and loading. Any application within the PD District shall be guided by the Town's standard requirements for parking and loading, as prescribed in §§ 301-231 and 301-232, respectively. However, the site applicant can request that the Town Board reduce the required amount of parking and loading, provided that the site application is accompanied by a parking and loading demand study. Such study shall be submitted to the Town Board and shall include demand for parking for the proposed use, determination of the appropriate locations for parking on the project site, and number and location of handicapped parking spaces, as well as the number, size, and locations of loading areas, which the Town Board shall consider in its deliberations on the site plan. The use of shared parking, landbanked parking and structured parking shall be encouraged.
301:447 § 301-343 RIVERHEAD CODE § 301-343
§ 301-343. Design considerations. The quality of the built environment and its relationship to the natural landscape is a key indicator of quality of life. The objective of the design considerations for the PD District is to provide high quality and complementary design of buildings, landscaping, parking, and other site and building design characteristics. Special emphasis is placed upon methods that reduce the large-scale visual impact of buildings and encourage imaginative design for individual buildings. Further emphasis is placed upon the design of the entrances to the EPCAL Property along New York State Route 25 (Middle Country Road) as the gateways to the Enterprise Park. A. Process. (1) The design considerations herein have been prepared to assist those proposing new development in the EPCAL Property in the preparation of their designs and plans. The considerations also provide a basis for the evaluation and review of these designs by the Town Board. As a policy adopted by the Town, the design considerations shall apply to all development within the EPCAL Property and shall be considered as part of the Town's site plan approval process. (2) These design considerations set a benchmark to which all parties involved in projects can refer and they supplement the limited, specific parameters such as lot size and building height, as established in this article. The Town Board reserves the right to modify, waive or alter any of the design considerations presented herein based on the scope, nature, and location of any specific project proposal. (3) Applicants are strongly encouraged to review these design considerations during the initial (design) phase of a project. Applicants are also encouraged to contact the Town Board at an early stage of project design if any of the design considerations mentioned in this document remain unclear, so as to avoid delays and confusion during the site plan review process. (4) The Town Board may request that the Planning Board and/or Architectural Review Board review the aesthetic details of an application and its consistency with the following design considerations as part of the Town Board's site plan review. B. Building mass and articulation. (1) Solid and unarticulated buildings are discouraged. The mass and scale of buildings should be reduced by staggered building walls or other architectural treatments to provide architectural interest and reduce the visual scale of a building. Buildings at the gateway entrances to the EPCAL Property, where Road "A" and Road "D" meet New York State Route 25 (Middle Country Road) and
301:448 § 301-343 ZONING AND LAND DEVELOPMENT § 301-343
generally along the New York State Route 25 (Middle Country Road) frontage should be distinctive in design, through the use of high quality architectural materials, enhanced landscaping and signage, and appropriate lighting. (2) In addition, all buildings should include the following elements: (a) The use of variations in height, rooflines and site grading is encouraged to reduce the perceived height and mass of a building. (b) Building entries should be clearly defined and readily identifiable through the use of canopies, marquees and architectural treatments. (c) Where possible, developments with smaller or multiple structures instead of one large building are preferred to reduce building mass and scale. (d) Clusters of mature landscaping and berms should be located and designed in accordance with architectural and building design features. The landscaping clusters should include a variety of trees and tall shrubs and should be located to enhance entrances to buildings, screen parking lots, and buffer views from abutting properties and natural land features that are outside the PD District. (e) Small-scale landscape elements, such as planter walls and hedges, should be clustered around building entrances. (f) Whenever possible, outdoor storage, trash, and recycling facilities should be screened with fencing and landscaping and located in places that are not visible from the street. (g) Fences, while allowed, are subject to site plan review. Chain- link fencing screens (including those with slats) are strongly discouraged. C. Materials. (1) It is encouraged that the front and side elevations of all buildings and/or structures be constructed of durable and high quality materials such as brick, granite, or other masonry matter, including architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas. (2) Roof design should be as aesthetically pleasing as possible and should screen mechanical equipment. (3) Glass windows or some similar architectural treatment should occupy at least 15% of the front elevation of a building. In addition,
301:449 § 301-343 RIVERHEAD CODE § 301-343
windows and glazing should be in proportion with architectural scale, mass, and height of the building. D. Color and texture. (1) Texture patterns are encouraged to create scale within the facades of the building. (2) Variations in color should be kept to a minimum. (3) Colors should be subdued in tone. (4) Accent colors may be used to express corporate identity. E. Signage and lighting. (1) All signs must comply with Chapter 301, Part 3, Supplementary Use Regulations, Article XLVIII. (2) Signs should be designed and placed to accentuate a building's architectural features and be compatible with surrounding buildings. (3) Marquee signs listing multiple tenants should be avoided. If a sign directory is required, the sign should contain no promotional advertising. (4) The number and size of signs should be minimized to avoid visual clutter. Groups of related signs should express uniformity and create a harmonious appearance. (5) Signage along New York State Route 25 (Middle Country Road) shall be prohibited. (6) Freestanding signs should be traditional in character and set upon a formal base, enhanced by landscaping. (7) Signage lighting should be low-level and minimize glare; backlit and light-box signage are undesirable. (8) Ideally, external and streetlighting should be similar from one development to the next in terms of fixture/light post style and color of light. F. Pedestrian circulation. (1) On-site concrete or brick sidewalks should be provided to create a continuous pedestrian network throughout the area. (2) Vehicular and pedestrian circulation patterns should be separated. A landscaped area should provide a separation between a pedestrian and vehicular path.
301:450 § 301-343 ZONING AND LAND DEVELOPMENT § 301-345
(3) Where pedestrians and vehicle paths cross, that area should be designated by changing pavement materials, signals, signage, pavement texture or painted stripes. (4) Secure and convenient pedestrian walkway access should be provided from parking lots, sidewalks, and primary entrances to the building. Sidewalks should be barrier-free, a minimum of four feet in width and should be set back a minimum of five feet from all buildings. (5) Pedestrian sidewalks should be provided along the frontage along New York State Route 25 (Middle Country Road) so as to provide connectivity to the continuous perimeter Walkway/Bike Trail within the EPCAL Property and areas outside of the EPCAL Property.
§ 301-344. Additional requirements. A. Performance criteria. The following general performance criteria shall supersede the requirements presented herein. (1) To the extent applicable, development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health. (2) All development shall be connected to the appurtenances of the Calverton Sewer District. (3) To the extent applicable, development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code. (4) To the extent applicable, development shall comply with the permits issued to the Town of Riverhead by the New York State Department of Environmental Conservation with respect to freshwater wetlands; the wild, scenic and recreational rivers systems; and endangered species. (5) All development fronting on New York State Route 25 (Middle Country Road) shall provide a sufficient roadway buffer to accommodate future transportation improvements, as required by the New York State Department of Transportation. (6) All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection. (7) Development within the PD District shall comply with Chapter 251, Art. I.
301:451 § 301-345 RIVERHEAD CODE § 301-345
§ 301-345. Severability. If any clause, sentence, paragraph, section, or part of this article shall be adjudged or determined by any court of competent jurisdiction to be invalid, such judgment or determination shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this article directly involved in said court judgment or determination.
301:452 § 301-346 ZONING AND LAND DEVELOPMENT § 301-348
ARTICLE LXIV Mortgage-in-Default Registry [Added 9-5-2018 by L.L. No. 20-2018]
§ 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 property is subject 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 theown. T 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, passersby, delivery agents or government agents, among other evidence that the property is vacant. FORECLOSURE — The process by which a property, placed as security for a mortgage loan, after 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 any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, nontransient basis.
301:453 § 301-348 RIVERHEAD CODE § 301-350
§ 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. Penalties for offenses. Any person, corporation, or entity who shall violate any of the provisions of this article 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 term of imprisonment for a period not to exceed 15 days may be imposed, 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 a period not to exceed 15 days may be 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 property 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 form(s). Subsequent semiannual registrations of defaulted properties and fees
301:454 § 301-350 ZONING AND LAND DEVELOPMENT § 301-352
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 brush; dead vegetation; trash; junk; debris; building materials; any accumulation of newspapers, circulars, flyers, and notices, except those required by federal, state, or local law; discarded personal items, including, but not limited to, furniture, clothing, and 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.
301:455 § 301-352 RIVERHEAD CODE § 301-356
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 structure. Broken windows shall be secured by reglazing or boarding of 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 or obstructing enforcement officer; penalty. [Amended 2-5-2019 by L.L. No. 3-2019] 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 § 301-349 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.
301:456 Chapter 459
FERTILIZER
GENERAL REFERENCES
Conservation easements — See Ch. 25. Pest control — See Ch. 647.
Agricultural operations — See Ch. 274. Storm sewers — See Ch. 759.
Environmental protection — See Chs. 450 and Stormwater management — See Ch. 763. 943. Vector control — See Ch. 1162. Transport and disposal of hazardous waste — See Ch. 512, Art. I.
459:1
§ 459-1 FERTILIZER § 459-1
ARTICLE I Purchase and Sale of Ironite [Adopted 11-19-2002 by L.L. No. 24-2002 (Ch. 289, Art. I, of the 1985 Code)]
§ 459-1. Legislative intent. A. This Legislature hereby finds and determines that ironite is a fertilizer produced from the mine tailings of a proposed Superfund site in Humbolt, Arizona, and sold to consumers as a lawn and garden fertilizer at stores such as WalMart, Home Depot, Lowe's, and Target. Testing by government agencies has found levels of arsenic high enough to classify the fertilizer as a hazardous waste. Although federal law requires that hazardous waste be properly disposed of in regulated landfills, a legal loophole called the "Bevill Exemption" excludes the mining industry.
B. This Legislature further finds and determines that hazardous waste can follow from the industry to the farm through a loophole that allows steel companies to send toxic-laden ash, i.e., technically called "K061 Waste," from their smokestacks to companies that make zinc fertilizers, without testing it or even recording where it is going; i.e., this material can literally flow from the smokestack directly to the fertilizer sack and from there to the crop field. C. This Legislature finds that any company sending any wastes to a fertilizer company for recycling need only ensure that the material would pass the Environmental Protection Agency's (EPA) Land Disposal Rule (LDR) regulations written for the storage of treated toxic wastes in lined and highly regulated hazardous waste landfills; that if the waste is safe enough to be stored in these landfills, then it is considered safe enough to be recycled into fertilizer; that the generating company is not required to test its wastes beyond the LDR standards, nor is it required to document what eventually happens to it. D. This Legislature determines that the third recycling loophole allows companies to transfer their wastes directly to farms if the farms can treat the waste on their land and render the material harmless and that this land treatment process is more highly regulated than the previous two loopholes and was originally designed to allow beneficial use of relatively benign waste. E. This Legislature also finds that industrial waste materials are often used in fertilizers as a source of zinc and other micronutrient metals; that current information indicates that only a relatively small percentage of fertilizer is manufactured using industrial wastes as ingredients; and that hazardous wastes are used as ingredients in only a small portion of waste-derived fertilizers. Some fertilizers and soil amendments that are not derived from waste materials can nevertheless contain measurable levels of heavy metals such as lead, arsenic, and cadmium. 459:3 § 459-1 SUFFOLK COUNTY CODE § 459-2
F. This Legislature further finds that the EPA's longstanding policy encourages the beneficial reuse and recycling of industrial wastes, including hazardous wastes, when such wastes can be used as safe and effective substitutes for virgin raw materials. Although the EPA is examining whether some fertilizers or soil conditioners may contain potentially harmful levels of contaminants, the Agency believes that some wastes can be used beneficially in fertilizers when properly manufactured and applied. G. This Legislature also determines that concerns have been raised regarding the use of certain wastes in the manufacture of agricultural fertilizers and soil amendments, and the potential for ecological or human health risks, as well as crop damage, when such fertilizers are applied to farmlands. In conjunction with state governments, the EPA has launched a major effort to assess whether or not contaminants in fertilizers may be causing harmful effects, and whether additional government actions to safeguard public health and the environment may be warranted. H. This Legislature further determines that, for fertilizers that contain hazardous waste, EPA standards specify limits on the levels of heavy metals and other toxic compounds that may be contained in the fertilizer products; that these concentration limits were based on the best demonstrated available technology for reducing the toxicity and mobility of the hazardous constituents; and that fertilizer made from one specific type of hazardous waste air pollution control dust generated during steel manufacturing is not subject to those concentration limits. This exemption was based on a 1988 finding by the EPA that the composition of this particular waste is comparable to the materials that would otherwise be used to make this type of fertilizer and that its typical use was not harmful. All other fertilizers that contain hazardous wastes are, however, subject to the contaminant concentration limits established by the EPA. I. This Legislature also finds and determines that for food-chain crops, farming can occur on land where hazardous constituents are applied as long as the agricultural producer receives a permit from the EPA Regional Administrator based on the agricultural producer demonstrating that there is no substantial risk to human health caused by the growth of such crops. J. This Legislature also finds that, unless prohibited by other state or local laws, agricultural producers can dispose of solid, nonhazardous agricultural wastes (including manure and crop residues returned to the soil as fertilizers or soil conditioners, and solid or dissolved materials in irrigation return flows) on their own property. K. Therefore, the purpose of this article is to prohibit the sale of ironite fertilizer within the County of Suffolk.
459:4 § 459-2 FERTILIZER § 459-6
§ 459-2. Definitions. As used in this article, the following terms shall have the meanings indicated: IRONITE — A fertilizer produced from the tail minings of a proposed Superfund site in Humbolt, Arizona, and sold to consumers as a lawn and garden fertilizer. PERSON — Individuals; natural persons; partnerships; joint ventures; societies; associations; clubs; corporations; unincorporated groups of any members; officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.
§ 459-3. Prohibitions. A. No individual shall purchase ironite within the County of Suffolk. B. No person shall sell or offer to sell ironite to an individual within the County of Suffolk.
§ 459-4. Penalties for offenses. Any intentional violation of § 459-3A or B of this article shall constitute an unclassified misdemeanor and shall be punishable by a fine of up to $5,000.
§ 459-5. Applicability. This article shall apply to purchases or sales occurring on or after the effective date of this article.
§ 459-6. Reverse preemption. This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.
459:5
§ 459-7 FERTILIZER § 459-7
ARTICLE II Sales and Use [Adopted 12-18-2007 by L.L. No. 41-2007 (Ch. 289, Art. II, of the 1985 Code)]
§ 459-7. Legislative intent. A. This Legislature hereby finds that overapplication and/or misuse of fertilizer products has led to degradation in the local water quality and has harmed groundwater, drinking water, and wetlands and surface waters within the County of Suffolk. B. This Legislature further finds that excess nitrogen in drinking water can threaten human health, as fertilizer leachate has contaminated groundwater and groundwater is the sole source of drinking water on Long Island. C. This Legislature also finds that nitrogen contamination trends in groundwater are worsening, in that 17% of Upper Glacial public water supply wells in the Upper Glacial Aquifer now exceed six milligrams/ liter (mg/l) nitrogen (degraded), an increase from 9% in 1987. D. This Legislature further finds that, in 2006, 15 community public water supply wells, and nearly 10% of private wells in Suffolk County, were found to violate the 10 mg/l maximum contaminant level (MCL) set for nitrates to ensure safe drinking water. E. This Legislature further finds that various factors may cause excess leaching of fertilizer nitrogen, including use of quick-release fertilizer, percentage of nitrogen in fertilizer, labeling which results in excess application rates of fertilizer, organic/inorganic/polymer formulations, soil types, lawn type and condition, timing of application, and total nitrogen applied per year. F. This Legislature further finds that fertilizers are responsible for approximately 50% of the total nitrogen loads to groundwater in the Peconic Estuary and throughout medium-density residential land uses in Suffolk County. G. This Legislature further finds that groundwater is, by far, the largest local source of nitrogen to estuaries, and nitrogen loadings to the Peconic Estuary have increased by more than 200% since the 1950s, due to fertilizers and sanitary systems. H. This Legislature also determines that excess nitrogen inputs result in depressed dissolved oxygen (hypoxia), harming aquatic life, causing excessive algal blooms, and diminishing water clarity to further impair habitat for aquatic plants. I. This Legislature further finds that numerous Suffolk County water bodies have been added to New York State's list of impaired water bodies due to nitrogen over-enrichment, including the sensitive,
459:7 § 459-7 SUFFOLK COUNTY CODE § 459-8
westernmost areas of the Peconic Estuary, and eelgrass, a critical habitat, has substantially disappeared west of Shelter Island in the Peconics. J. This Legislature further finds that more than half of Long Island Sound suffers from hypoxia every summer, that several areas of the South Shore Estuary Reserve are also seeing effects of eutrophication, and that several fish kills have been reported throughout Suffolk County due to low dissolved oxygen. K. This Legislature further finds that fertilizer should not be applied to turf when ground is likely to be frozen, or when grass is not actively growing, so that fertilizer use on turf should be banned in cold-weather months, and public education and outreach should be utilized to prevent application during periods of summer dormancy. L. This Legislature also determines that the Homestead A-Syst Task Force (Suffolk County Resolution No. 544-2006) sought to address this problem by establishing public education programs and holding public hearings, and that various other educational programs exist through agencies and estuary programs, but these efforts can be coordinated, refined, and expanded. M. This Legislature further finds that current information regarding the use of fertilizers is confusing to consumers and leads to the misapplication of fertilizer and contamination of groundwater, drinking water, and estuaries. N. This Legislature also determines that the quality of our water should be considered a higher priority than the aesthetics of lawns, and that high- maintenance lawns require more nitrogen and are more likely to leach excess nitrogen, so that high-maintenance lawns should be discouraged. O. This Legislature also determines that Suffolk County has already begun implementing programs to reduce nitrogen pollution, and those programs should continue to be refined and formalized as County policy, to serve as a model for residences, the private sector, and other levels of government. P. This Legislature also determines that, based on the Peconic Estuary Program Comprehensive Conservation and Management Plan, a goal of 10% to 25% fertilizer reduction is a reasonable initial target for existing residential fertilizing programs. Q. Therefore, the purpose of this article is to cause a reduction in the amount of nitrogen released into the groundwater by eliminating the use of fertilizers where practicable on lawns and on County property, decreasing the overall use of fertilizer and optimizing the use of fertilizers when they are applied.
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§ 459-8. Definitions. As used in this article, the following terms shall have the meanings indicated: COMMISSIONER — The Commissioner of the Suffolk County Department of Environment and Energy. DEPARTMENT — The Suffolk County Department of Environment and Energy. ESTABLISHMENT — A store or person located within Suffolk County who or which sells or offers fertilizer for sale. FERTILIZER — Any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and is claimed to contain one or more essential plant nutrients. The term "fertilizer" does not include unmanipulated animal and vegetable manure and agricultural liming materials used to reduce soil acidity. PERSON — Any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not. SURFACE WATER — Lakes, bays, sounds, ponds, impounding reservoirs, perennial streams and springs, rivers, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of New York State, and all other perennial bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private, but shall not include artificial ponds.[Added 2-3-2009 by L.L. No. 5-2009] TURF — Any area of earth principally vegetated by grass.
§ 459-9. Application restrictions. [Amended 2-23-2009 by L.L. No. 5-2009] A. Fertilizer shall not be applied to County-owned real property, except as authorized under § 459-14 of this article. B. Fertilizer shall not be applied to any turf on any non-County-owned real property by any person between November 1 and April 1 of every year, except as authorized by § 459-14 of this article. C. Fertilizer shall not be applied to any County-owned property, nor to any turf on any non-County-owned real property, within 20 feet of any regulated surface water, except that this restriction shall not apply where a continuous natural vegetative buffer, at least 10 feet wide, separates a turf area and regulated surface water.
§ 459-10. Selling establishment signs and brochures; report on fertilizer sales. A. An establishment shall conspicuously post a sign and informational brochures on fertilizers and turf management, which shall be furnished by the Department, within 10 feet of the establishment's fertilizer 459:9 § 459-10 SUFFOLK COUNTY CODE § 459-11
display area. If an establishment has more than one fertilizer display area, and the display areas are not substantially contiguous, then signs and brochures must be displayed within 10 feet of each display area. B. The Department shall prepare a report, no later than July 1 of each year, which presents information on fertilizers sold in the preceding year. This report will be based on records available from the New York State Department of Agriculture and Markets. If the Commissioner deems that additional information is needed, the Commissioner is authorized to promulgate rules and regulations necessary to implement a Suffolk County reporting system on fertilizer sales for establishments.
§ 459-11. Education and reporting on fertilizer risks. A. The Department shall work in conjunction with other persons and organizations to expand educational programs already in place regarding the risks of fertilizers for retailers, consumers and landscapers. These organizations include, but are not limited to: (1) Cornell Cooperative Extension (CCE). (2) Grassroots Healthy Lawn Program (GHLP). (3) Neighborhood Network. (4) Homestead A-Syst Task Force, as created by Suffolk County Resolution No. 544-2006. (5) United States Environmental Protection Agency (USEPA). (6) Nassau Suffolk Landscape Gardeners Association (NSLGA). (7) Long Island Sound Study. (8) South Shore Estuary Reserve. (9) Peconic Estuary Program. (10) Turfgrass Science Program, Cornell University.
(11) Cornell University New York State Integrated Pest Management (NYSIPM) Program. (12) Suffolk County aterW Authority (SCWA). (13) Such other organizations as deemed appropriate by the Commissioner of the Department. B. The Department, in consultation with the Suffolk County Department of Health Services, shall develop, within one year of the effective date of this article, information regarding the risks of fertilizer related to turf and suggested guidelines to delineate which types of fertilizers, fertilizer application methods and best management practices support healthy vegetation while posing the least harm to the environment. Best
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management practices may include such practices as low-maintenance lawns and landscaping, proper mowing, and modification of fertilizer application rates or times. In developing the guidelines, the Department shall consider factors which may contribute to excessive and unnecessary degradation of local water quality by nitrogen pollution, including harm to groundwater, drinking water, wetlands and surface waters. Factors considered shall include, but not be limited to: (1) Nitrogen content and formulation of fertilizers; (2) Rate of nitrogen release and leaching potential; (3) Soil type, soil conditions, land use, lawn age, and lawn condition; (4) Weather or temperature conditions; (5) Impact on aquatic organisms and vegetation; (6) Definitions of fertilizer label terminology; (7) Information about proper application techniques, including, but not limited to, timing, total nitrogen per application and total cumulative nitrogen applied per year; (8) Impact on sensitive groundwater and surface water; and (9) Such other factors as deemed appropriate by the Suffolk County Department of Environment and Energy. C. The Department shall establish, within one year of the effective date of this article, an interactive website concerning turf and fertilizer-related issues. The website shall present educational materials on fertilizers and County law and policy, including advisory signage and brochures, the prohibition on usage of fertilizers on turf from November 1 to April 1, landscaper training, and the guidelines developed pursuant to § 459-11B. The website may also include a simple computer-based method of determining the amount of fertilizer required for a specific site. Links to other related educational resources shall also be provided.
§ 459-12. Annual report; program evaluation reports. A. The Department shall prepare an annual report summarizing information received pursuant to § 459-10 of this article and the report shall show, at a minimum, the total quantities of fertilizer sold in Suffolk County. The report shall also analyze this data with respect to factors deemed to be significant by the Department, which may include, but not be limited to, nitrogen and phosphorus content of fertilizers, slow- release versus quick-release fertilizers, and organic content of fertilizers. This report shall be completed no later than July 1 of the given year, shall be filed with the Clerk of the Legislature within 15 days of completion, and shall be made available to the public.
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B. The Department shall also prepare a report, every five years, beginning in 2014, which evaluates the effectiveness of this article, in terms of fertilizer sales information, environmental impact data, and any other information the Commissioner deems necessary. This report shall be completed no later than September 30 of the given year, shall be filed with the Clerk of the Legislature within 15 days of completion, and shall be made available to the public.
§ 459-13. Signs and brochures. The Department, in consultation with the Suffolk County Department of Health Services, shall develop, within one year of the effective date of this article, the signs and brochures referred to in § 459-10A. The signs and brochures shall be written in a clear and simple manner and shall contain the suggested guidelines referred to in § 459-11B.
§ 459-14. Exemptions. A. Section 459-9 of this article shall not apply to land used in farm operations, as defined in New York Agriculture and Markets Law § 301. B. Section 459-9A of this article shall not apply to: (1) Golf courses; provided, however, that only the minimum amount of slow-release and organic fertilizer shall be used that is needed to sustain healthy turf on golf courses, and that fertilizer application rates shall be limited to three pounds of nitrogen per 1,000 square feet per year, over the golf course as a whole, consistent with the organic maintenance plan adopted via Suffolk County Resolution No. 608-1998. (2) The Suffolk County Farm; provided, however, that the Suffolk County Farm shall be subject to a goal of nitrogen reduction. The Suffolk County Departments of Planning and Health Services, in consultation with the Department, shall establish strategies to achieve this goal. Recommendations made in the following document shall be considered in developing the strategies: A Strategy to Develop and Implement the Suffolk County Agricultural Stewardship Program — A Report to the Agricultural Environmental Management Task Force for Nitrogen and Pesticides Load Reduction — Final Report (May 26, 2004). (3) Athletic fields; provided, however, that the County department with jurisdiction over the fields shall develop and comply with an annual plan containing best management practices to reduce use of fertilizer and avoid fertilizer leachate. The plan shall be submitted to the Department for review and approval. (4) Newly seeded or planted landscapes and newly seeded or newly sodded areas.
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C. Any reporting requirement which is promulgated by Suffolk County pursuant to § 459-10B shall not apply to an establishment selling less than 1,000 pounds of fertilizer in total during the preceding calendar year.
§ 459-15. Waivers. Upon written application to the Department by a person utilizing County- owned property, a waiver of the prohibition in § 459-9A of this article may be granted upon such terms and conditions as deemed appropriate at the Commissioner's sole discretion. The decision to grant a waiver shall be based upon the following factors: A. Whether the waiver application is in general conformity with this article; B. Whether the uses of groundwater, surface water and drinking water supplies will be impaired; C. Whether the application conforms to a comprehensive management plan and/or well-accepted best management practices; and D. Whether the proposed use can be modified so that the project will not require a waiver.
§ 459-16. Enforcement. The Suffolk County Department of Health Services shall enforce the prohibitions and requirements of §§ 459-9 and 459-10 of this article, in accordance with the enforcement procedures established by Suffolk County Sanitary Code, Article II, §§ 760-202 through 760-220.
§ 459-17. Penalties for offenses. A. Any violation of §§ 459-9 and 459-10 this article shall be subject to a civil penalty in an amount not to exceed $1,000 per violation. B. Each day of continued violation shall constitute a separate additional violation.
§ 459-18. Rules and regulations. The Department, in consultation with the Suffolk County Department of Health Services and Suffolk County Office of Consumer Affairs, shall issue and promulgate such rules, regulations and standards as deemed necessary and appropriate to carry out the provisions of this article.
§ 459-19. Reverse preemption. This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a
459:13 § 459-19 SUFFOLK COUNTY CODE § 459-20 pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.
§ 459-20. Effective date. Sections 459-9 and 459-10 of this article shall apply to all actions occurring on or after January 1, 2009.
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