Public notices

Public Notice: Town of Riverhead — Notice of adoption amending Chapter 301 of the Town Code

TOWN OF RIVERHEAD NOTICE OF ADOPTION

PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending Chapter 301, entitled “Zoning and Land Development” of the Riverhead Town Code. at its regular meeting held on August 7, 2018.

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

CHAPTER 301

Zoning and Land Development

Part 2. Districts

Article XLII. Transfer of Development Rights

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.

In addition to the definitions provided in Town Law § 261-a, the definitions in § 301-3 of this chapter shall apply to this article.

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.

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.

  1. 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.

(3) That the rules and regulations promulgated pursuant to the State Environmental Quality Review Act (SEQRA) have been complied with.

 

  1. 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.

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:

  1. Agriculture Protection (APZ) Zoning Use District.

Pursuant to § 301-202 of this article, the following zoning use districts are hereby mapped as receiving districts:

  1. Residence A-80 (RA80) Zoning Use District.
  2. Residence A-40 (RA40) Zoning Use District.
  3. Hamlet Residential (HR) Zoning Use District.
  4. Retirement Community (RC) Zoning Use District.
  5. Business Center (BC) Zoning Use District.
  6. Shopping Center (SC) Zoning Use District.
  7. Destination Retail Center (DRC) Zoning Use District.
  8. Commercial/Residential Campus (CRC) Zoning Use District.
  9. Business F Zoning Use District.
  10. Planned Recreational Park (PRP) Zoning Use District.
  1. 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.

 

  1. 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.

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:

  1. Real property from which rights have been previously purchased or transferred.
  2. Real property improved with any structure not an agricultural structure as defined herein, or any improvement, including golf courses.
  3. Parcels of property less than seven acres in size.
  4. 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.

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.

  1. 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.

 

  1. 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.

 

  1. 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 and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.

 

  1. 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, 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. The purchase of preservation credits shall not be required to increase the allowable development yield when the purchase of an equivalent number of Pine Barren credits is required by the Suffolk County Department of Health Services. Notwithstanding the foregoing, in order to be exempt from the purchase of preservation credits to increase development yield based on the purchase of Pine Barrens credits, the purchase and use of Pine Barren credits can only be from properties located within the Town of Riverhead.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 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.

 

  1. 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.

 

  1. 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.

The Planning Board shall be the sole administrator of the procedures and functions associated with this article. The Planning Board shall:

  1. Issue preservation credit certificates upon the recording of appropriate easements;
  2. Keep records of, retain and catalogue both issued and redeemed preservation credits certificates in a Town-managed database;
  3. Prepare and distribute an annual report providing statistics on TDR program activity;
  4. Discontinue the redemption of preservation credits for residential properties upon the redemption of 500 residential credits anywhere within the Town;
  5. 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.

[Added 8-16-2005 by L.L. No. 47-2005; amended 5-10-2007 by L.L. No. 14-2007]

The agency responsible for commercial site plan approval shall be the administrator for application of preservation certificates on commercial site plan application as follows:

  1. In the event that preservation credit certificates are to be applied to commercial development as set forth in this chapter, the agency 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.
  2. This § 301-210is 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.

Article XLII. Transfer of Development Rights

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.

In addition to the definitions provided in Town Law § 261-a, the definitions in § 301-3 of this chapter shall apply to this article.

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.

 

 

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.

  1. 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.

(3) That the rules and regulations promulgated pursuant to the State Environmental Quality Review Act (SEQRA) have been complied with.

 

  1. 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.

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:

  1. Agriculture Protection (APZ) Zoning Use District.

Pursuant to § 301-202 of this article, the following zoning use districts are hereby mapped as receiving districts:

  1. Residence A-80 (RA80) Zoning Use District.
  2. Residence A-40 (RA40) Zoning Use District.
  3. Hamlet Residential (HR) Zoning Use District.
  4. Retirement Community (RC) Zoning Use District.
  5. Business Center (BC) Zoning Use District.
  6. Shopping Center (SC) Zoning Use District.
  7. Destination Retail Center (DRC) Zoning Use District.
  8. Commercial/Residential Campus (CRC) Zoning Use District.
  9. Business F Zoning Use District.
  10. Planned Recreational Park (PRP) Zoning Use District.

 

  1. 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.

 

  1. 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.

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:

  1. Real property from which rights have been previously purchased or transferred.
  2. Real property improved with any structure not an agricultural structure as defined herein, or any improvement, including golf courses.
  3. Parcels of property less than seven acres in size.
  4. 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.

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.

  1. 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.
  2. 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.
  3. 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 and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.
  4. 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, 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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 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.
  9. 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.
  10. 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.

The Planning Board shall be the sole administrator of the procedures and functions associated with this article. The Planning Board shall:

  1. Issue preservation credit certificates upon the recording of appropriate easements;
  2. Keep records of, retain and catalogue both issued and redeemed preservation credits certificates in a Town-managed database;
  3. Prepare and distribute an annual report providing statistics on TDR program activity;
  4. Discontinue the redemption of preservation credits for residential properties upon the redemption of 500 residential credits anywhere within the Town;
  5. 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.
   
  • Overstrike represents deletion(s)
  • Underscore represents addition(s)

 

Dated: Riverhead, New York

                        August 7, 2018

BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM, TOWN CLERK