Notice of Public Hearing: Zoning

TOWN OF RIVERHEAD
NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 3rd day of February, 2015 at 2:10 o’clock p.m. to amend Chapter 108, entitled “Zoning” of the Riverhead Town Code.

Be it enacted by the Town Board of the Town of Riverhead as follows:

CHAPTER 108
Zoning

§ 108-130. Review and approval required.

The following shall be subject to site plan review and require site plan approval by the Planning applicable Board:

A. Single-family residence or agricultural zoning districts:

(1) Except as otherwise provided, any use other than single-family residential or agricultural and its attendant accessory uses. However, except as accessory to a single family residence, 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 § 108-73 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 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 zoning districts.

(1) Any grading, clearing, cutting and filling, excavating or tree removal associated therewith.

(2) (Reserved)

(3) 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.

(4) 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 § 108-73 of this chapter; or

(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.

(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 § 108-131B (3) of the Town of Riverhead Zoning Ordinance. 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.

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.

(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(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 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.

(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 local law.

E. De minimis site plan review.

(1) De minimis alterations as determined by the Town Attorney and the Building and Planning Administor, or their designees.  De minimis applications shall be limited to the routine maintenance, repair, or alteration of any building which does not materially affect the external appearance of an existing structure, building or site.  Examples include roof repair, roof-top appurtenances or mechanical equipment, façade changes, in-kind window replacement, or fence replacement.

(2) No more than one de minimis site plan approval for a parcel can be granted within a twelve (12) month period.  

(3) Any application that is not a Type II action pursuant to §617.5 of the Environmental Conservation Law, Article 8 (c) shall not be deemed to be de minimis. 

F.  Administrative site plan review

Additions and/or alterations to existing commercial buildings with a proposed floor area less than 4,000 square feet shall not require formal site plan review set forth in §108-131 by the appropriate board. However, such commercial buildings shall be subject to 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, stormwater runoff, grading, handicapped access and lighting.

Upon a determination of compliance by the Planning Department as set forth herein and transmitted to the applicable board in writing, the Planning Board may adopt a resolution approving the application.  Notwithstanding any other section in this chapter, any site plan determined by the planning department to qualify for administrative site plan review as set forth in this section shall not require preliminary site plan approval or public hearing prior to final site plan approval by the applicable board.  

Should the application exceed the criteria for administrative site plan review, or in the instance where the applicable board determines that public input is warranted, the application shall be required comply with formal site plan review set forth in § 108-131.  Construction of any new buildings or reconstruction of existing buildings shall be required to comply with formal site plan review set forth in § 108-131.

• Overstrike represents deletion(s)
• Underscore represents addition(s)

Dated:  Riverhead, New York
January 6, 2015

BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK