Public Hearing: Bays and Creeks

TOWN OF RIVERHEAD

PUBLIC NOTICE

PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 19th day of August, 2014 at 7:20 o’clock p.m. to consider a local law amending Chapter 47 entitled “Bays and Creeks” of the Riverhead Town Code as follows:

Chapter 47. BAYS AND CREEKS

Article III. General Provisions

§ 47-24. Form of applications.

A. The application for a permit shall comply with the directions and standards for a “Chapter 47 and/or Chapter 107 Conservation Advisory Council Application for Permit (CAC-1).”

B. 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 applicationTown Board, the Conservation Advisory Council, and any other board, department, agency deemed interested or involved in the application.all other involved agencies.

C. The Conservation Advisory Council shall review all completed permit applications and provide a written recommendation to the Town Board, other involved agencies and the applicant, stating its findings and conclusions, within 30 days of its receipt of the completed application. However, such thirty-day time period shall not apply where an environmental impact statement is to be prepared by the applicant, in which case a sixty-day time period shall apply, and said sixty-day time period shall commence from the date a final environmental impact statement has been accepted by the lead agency exercising jurisdiction over the project.commence review within thirty 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 sixty 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 Conversation Advisory Council, the Conversation 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.

D. The Town Board may accept, modify, or reject the recommendation of the Conservation Advisory Council within 15 days of submittal by the Conservation Advisory Council to the Town Board. Such fifteen-day period shall commence upon the lapse of three days from mailing of a copy of the recommendation of the Conservation Advisory Council to the applicant or service upon the Town Board, whichever shall be later. If either the applicant or the Town Board desires a modification of the recommendation of the Conservation Advisory Council, a public hearing shall be held upon prior reasonable public notice published in the official newspaper of the Town, and the Town Board shall hold a public hearing on the permit application. 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 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 attached.

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 5 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 for an application within the jurisdiction of the Town Board shall require that Town Board hold  a public hearing upon reasonable notice published in the official newspaper of the Town prior to modification or rejection of the Conversation 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.

Underline represents addition(s)

Strikethrough represents deletion(s)

Dated:  Riverhead, New York

August 5, 2014

                    BY ORDER OF THE TOWN BOARD

                         OF THE TOWN OF RIVERHEAD

                      DIANE M. WILHELM, TOWN CLERK