TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law amending Chapter 241 entitled “Landmarks and Historic Districts”, of the Riverhead Town Code at its meeting held on November 19, 2019.
Be it enacted by the Town Board of the Town of Riverhead as follows:
Chapter 241. Landmarks and Historic Districts
Article III. Alteration, Demolition or New Construction Affecting Landmarks or Historic Districts
§ 241-3. Compliance required.
No structure, site, place or building designated as a landmark wholly or partly within the boundaries of an historic district shall be constructed, altered, repaired, moved or demolished except in compliance with the procedural requirements set forth in this article. A No permit shall issue for the demolition, alteration or improvement of a site, structure or building shall include and require compliance with all such conditions or requirements set forth in the approval of the Town Board. if it is proposed for designation as a landmark or within a proposed historic district unless said work is consistent with the criteria and procedures set forth herein.
§ 241-4. Application procedure.
B. An application for a building permit for activity which is not part of a site plan shall be made to the Building Department and referred to the Landmarks Preservation Commission for review and recommendation and the Landmarks Preservation Commission shall transmit the recommendation, be it for approval, denial or approval with modifications, to the Town Board within 45 days of referral of the application from the Building Department.
C. Within fifteen days of receipt and review of the recommendation from tThe Landmarks Preservation Commission as set forth in (B) above, shall, on behalf of the Town Board may approve, modify or reject in whole or in part, the recommendation and the Town Board shall transmit its final report and recommendation to the Building Department. within 45 days of the recommendation for approval, denial, or approval with modifications prior to the issuance of a building permit. No permit shall issue without the positive recommendation of the Commission. Note, in the event the Town Board fails to issue a report and recommendation within 15 days of receipt of the recommendation from the Landmarks Preservation Commission, the Building Department may accept the recommendation of the Landmarks Preservation Committee and approve, deny or approve with modifications, as the case may be.
D. Any activity which is part of a site plan application shall be submitted to the Planning Department and simultaneously referred to the Board vested with authority to approve, deny, approve with modifications be it the Town Board or Planning Board and referred to the Architectural Review Board and the Landmarks Preservation Commission pursuant to 301-305(B)(4).
E. In the event that the Landmarks Preservation Commission and the Architectural Review Board jointly review the application as part of a site plan, the recommendations shall be transmitted to the Town Board or Planning Board for consideration during the site plan review process pursuant to § 301-303.
H. All recommendations of the Landmarks Preservation Commission and the Architectural Review Board shall be in writing and filed with the Town Board or Planning Board, Planning Department and the Building Department.
§ 241-5. Hardship criteria.
In addition to the appeal process hereinabove described, any applicant whose application for the demolition, alteration or improvement of an historic structure or building is denied may apply to the Zoning Board of Appeals Town Board for relief from the denial on the grounds that the denial presents a hardship. To prove the existence of hardship, that applicant must establish to the Zoning Board of Appeals Town Board’s satisfaction that:
§ 241-6. Remedying of unsafe conditions.
This chapter shall not apply in any case where the Building Department or any authorized enforcement personnel orders or directs alteration, or maintenance, or demolition for the purpose of remedying conditions determined to be unsafe or dangerous.
- Underscore represents additions(s)
- Strikethrough represents deletion(s)
Dated: Riverhead, New York
November 19, 2019
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK