Riverhead City Zoning Code
PART 3
Supplementary 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 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.[1]
[1]
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.
§ 301-222.1 Application of regulations.
[Added 5-18-2022 by L.L. No. 3-2022]
These provisions shall apply to all buildings or structures and all uses of buildings or structures or lots lawfully existing prior to the effective date of this chapter or of subsequent amendments, revisions or reenactments of such chapter, which buildings or structures or uses do not conform to the provisions of said original zoning law or to such revisions or reenactments on their effective dates.
A.
A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, except that the degree of nonconformity shall not be increased.
B.
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and insure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable zoning law. Such lot shall be granted relief for side and rear yard dimensions and lot coverage as follows:
(1)
The total dimensions of both side yards for a principal building shall be computed on the basis of 0.4 of the lot width; however, no side yard dimension shall be less than 0.4 of the total dimensions of both side yards computed as aforesaid, and no side yard dimension shall be less than 10 feet.
(2)
The total rear yard dimension for a principal building shall be computed on the basis of 0.3 of the lot depth; however, no dimension for the rear yard of a principal building shall be less than 30 feet.
(3)
In the case of a single and separate lot meeting the requirements of Subsection B of this section for a buildable lot which is located in a minor or major subdivision plat approved by the Planning Board of the Town of Riverhead and filed with the Suffolk County Clerk's Office, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed as required by law.
(4)
Lot coverage:
Lot Area | Maximum Impervious Surface |
|---|---|
0 - 39,999 | 20% |
40,000 - 59,999 | 15% |
60,000 - 79,999 | 15% |
(5)
Accessory structure setbacks (residential only):
Lot Area | Side and Rear Yards (feet) | Side/Rear Street Line (feet) |
|---|---|---|
0 - 39,999 | 10 | 20 |
40,000 - 59,000 | 10 | 30 |
60,000 and greater | 10 | 40 |
C.
An existing building or structure designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, except that the degree of nonconformity shall not be increased.
D.
Notwithstanding the provisions of § 301-222.1B, where a legally existing substandard lot comes into the same record ownership as one or more adjacent lots solely by reason of the death of a previous record owner, the owner of said lots in the same record ownership shall have three years from the date of death of the previous owner causing the lots to be in the same ownership to place the lots into single and separate ownership. Failure to place lots in single and separate ownership within said parcel shall result in the merger of substandard lots for zoning purposes.
§ 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 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; 9-16-2008 by L.L. No. 34-2008; 9-21-2010 by L.L. No. 23-2010; 3-4-2025 by L.L. No. 4-2025]
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.
(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.
(6)
The sale of any firearm, rifle or shotgun is prohibited.
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 established by resolution of the Town Board of the Town of Riverhead shall be required for each permit issued.
C.
Enforcement; violations and penalties.
§ 301-230 Swimming pools.
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.
(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:
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 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.[1]
[1]
Editor's Note: See the Parking Schedule included as an attachment to this chapter.
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.[2]
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:
Parking Angle (degrees) | Aisle Width (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 1:3[3]), except for handicapped and parallel parking spaces.
[3]
Editor's Note: Said attachment is included as an attachment to this chapter.
(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 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; 8-6-2024 by L.L. No. 15-2024]
(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:
(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.
(c)
Note: alternative pervious paving techniques shall only be permitted in place of and as an alternative to traditional drainage structures, including but not limited subsurface catch basins, drywells, recharge basins, retention ponds or detention ponds and shall not be utilized to exceed and/or circumvent maximum building lot coverage, maximum floor area ratio, or maximum impervious surface calculations permitted in the applicable zoning use district and shall instead be considered part of, and shall contribute to the impervious surface calculation for the purposes of zoning.
(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. 42-2009[4]]
H.
Required parking spaces shall be provided upon the same premises to which they serve or elsewhere, provided that all spaces are located 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.
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]
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 Required | Handicapped-Accessible 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 |
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 |
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.
[Amended 7-21-2020 by L.L. No. 1-2020]
A.
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.
B.
Helicopters, seaplanes and amphibious aircraft prohibited. No person, firm or corporation, except those with prior valid approvals, shall land or cause to be landed, take off or cause to take off or taxi any helicopter, seaplanes and amphibious aircraft on or from the waters, beaches or on any land within the Town of Riverhead.
C.
Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Riverhead.
D.
This subsection shall not apply to airfields owned by the Town of Riverhead and/or the Town of Riverhead Community Development Agency, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies, or aircraft involved in operations involving public health and safety.
E.
This subsection shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in this chapter.
F.
Any person in violation of any provision of this section shall, upon conviction, be subject to a fine of $1,000 for the first offense and $2,000 for each subsequent offense.
§ 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.
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.
(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 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]
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:
Zoning Use District | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (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 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)
(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 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 which may specifically permit bed-and-breakfast facilities as a permitted use as a right or by special permit of the Town Board.
[Amended 8-20-2024 by L.L. No. 20-2024]
B.
The use as permitted in each zoning district and regulated under this section shall be exclusively owner-occupied one-family dwelling. "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.
[Amended 8-20-2024 by L.L. No. 20-2024]
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 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.
§ 301-241 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.
§ 301-243 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 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.
§ 301-247 Definitions.
As used in this article, the following terms shall have the meanings set forth herewith:
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.
A sign announcing the activities conducted or to be conducted at the public or semipublic building to which it refers.
Any retractable or fixed shade-producing device made of flexible fabric or similar material covering a rigid skeleton structure attached to a building.
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.
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.
The area of the building wall, including area occupied by any doors or windows in that wall.
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.
An aggregate sign containing a list of the names of the establishments located within a commercial or industrial complex.
An electronic programmed display of time and temperature information only.
Ornamentation or enhancement of a sign structure.
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.
A sign detached from any supporting element of a building and consisting of a double- or single-sided sign face attached to a single or double pole structure embedded in the ground or mounted on its own self-supporting permanent structure or base.
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.
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.
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.
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).
A roof whose pitch has a twelve-inch or greater vertical projection for each six-inch horizontal projection.
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.
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.[1]
A sign with a base entirely in contact with the ground.
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.
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.
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.
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).
The extension of a false front or wall above a roofline.
A freestanding sign wholly supported by a single vertical pole or similar structure embedded in the ground.
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.
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.
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]
A sign advertising the sale, exchange, lease or rental of the real property on which it is located.
A sign erected upon or above a roof or parapet of a building or structure.
A portable sign capable of standing without support or attachment.
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.
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.
A sign affixed to the underside of a roof overhang, and perpendicular to the wall, adjacent to a store or a commercial premises.
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]
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.
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.
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 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.
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.
(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.
(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.
§ 301-250 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:
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.
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.
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.
(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 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.
(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 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:
(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:[1]
(1)
Such sign(s) shall not exceed 32 square feet in area.
(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.
I.
Banners are permitted, subject to the following criteria.
[Added 2-1-2022 by L.L. No. 1-2022]
(2)
Banners shall only be permitted in the Hospital (H) and Shopping Center (SC) zoning use districts for primary uses involving hospitals and healthcare networks including:
(3)
Banners shall only be allowed on one hospital or healthcare provider building in the Town. Banners placed in multiple locations in the Town is prohibited.
(4)
Maximum of two signs along the front of a building facing a public road or street.
(5)
Maximum size - 3% of the wall face per sign.
(6)
Sign permits shall be good for three months.
(7)
Permit fee - $300 annually.
(8)
No phone number, email or website shall be displayed.
(9)
No advertising allowed. Only public service announcements are permitted.
(10)
No illumination permitted.
(11)
No tree clearing permitted to maximize visibility of the banner.
§ 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:
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:
(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:
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.
(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.[1]
[1]
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.
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:
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, except a traditional barber's pole which is defined as a staff or pole with a helix of red. white and blue stripes that may be stationary or rotate. but shall not be illuminated.
[Amended 8-6-2024 by L.L. No. 14-2024]
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]
§ 301-254 Zoning use district regulations.
[Amended 5-19-2009 by L.L. No. 35-2009; 6-7-2016 by L.L. No. 18-2016; 4-1-2025 by L.L. No. 6-2025]
The following limitations shall apply to signs in the zoning use districts indicated below:
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:
(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.
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.
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:
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.
K.
PIP District. The following standards shall apply to all properties in the Planned Industrial Park District:
(1)
Freestanding signs.
(a)
Single-tenant buildings.
[1]
One freestanding sign per road frontage shall be permitted.
[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 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.
§ 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.
(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. 15-2009[1]]
(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]
(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.
§ 301-255.1 Miscellaneous provisions.
[Added 4-1-2025 by L.L. No. 9-2025]
A.
Signs erected by governmental authorities and/or related political subdivisions, excluding signs erected pursuant to and in discharge of any governmental function, law or regulation, shall comply with this chapter unless otherwise exempt under law or specifically waived by the Town Board, upon a recommendation from the Planning Department.
§ 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.
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.
(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 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.[1]
§ 301-259 Exterior lighting standards.
A.
General standards.
(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 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.[1])[2]
[1]
Figure 1 is included as an attachment to this chapter.
[2]
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.
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.
(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.[3])
[3]
Editor's Note: Figure 3 is included as an attachment to this chapter.
(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.[4]) The Town of Riverhead recognizes that not every such area will require lighting.
[4]
Editor's Note: The tables are included as attachments to this chapter.
(2)
Parking lot lighting shall not exceed an overall average illumination as listed on Table 1.[5]
[5]
Editor's Note: Table 1 is included as an attachment to this chapter.
(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 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.[6]
[6]
Editor's Note: Table 2 is included as an attachment to this chapter.
(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.
(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) [1]
§ 301-262 Figures and tables. [1]
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.
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.
[1]
Editor's Note: The figures and tables are included as attachments to this chapter.
§ 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.
§ 301-265 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.[1]
§ 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:
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.
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,[1] 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.
[1]
Editor's Note: The Schedules of Dimensional Regulations are included as attachments to this chapter.
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.
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:
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.
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.
§ 301-273 Purpose.
In recognition of advancing technology and the increasing demand for the installation of wireless communications tower(s) and/or facilities as well as satellite earth stations 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, antennas and satellite earth stations in order to protect residential areas and land uses from potential adverse impacts of towers, antennas and satellite earth stations; encourage the location of towers and satellite earth stations in nonresidential areas; minimize the total number of towers and satellite earth stations 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, antennas and satellite earth stations to locate them, to the extent possible, in areas where the adverse impact on the surrounding community is minimal; encourage users of towers, antennas and satellite earth stations to configure them in a way that minimizes the adverse visual impacts of the towers, antennas and satellite earth stations through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications and satellite communication 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 satellite earth stations; and avoid potential damage to adjacent and/or nearby properties from tower or satellite earth station failure through appropriate engineering and careful siting of tower structures and/or facilities and/or satellite earth stations. 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 antennas and/or facilities and/or satellite earth stations. These standards are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, or communication via satellite transmission, nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
§ 301-274 Permit required; applicability.
[Amended 4-1-2025 by L.L. No. 8-2025]
A.
No telecommunications tower or satellite earth station shall hereafter be used, erected, moved, reconstructed, changed, altered or modified to serve as a telecommunications tower or satellite earth station without the issuance of a special use permit(s) by the Town Board in conformity with the requirements of this article.
B.
Towers shall be permitted by special permit only in the following zoning use districts: APZ, PIP, PRP, RFC, DRC, SC, BC, CRC, CI, LI, RLC, and TRC, but shall not be permitted in whole or in part on any property used for residential purposes.
C.
Satellite earth stations shall by permitted by special permit only in the CI, LI, PIP and PD zoning use districts, and shall not be permitted in whole or in part on any property used for residential purposes.
D.
New towers, antennas and satellite earth stations. All new towers, antennas and satellite earth stations in the Town shall be subject to these regulations, except as otherwise provided hereinbelow.
E.
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.
(3)
Residential satellite earth stations less than or equal to two meters in diameter.
§ 301-275 General requirements.
A.
Principal and accessory use. Antennas, towers and satellite earth stations may be considered either principal or accessory uses.
B.
Lot size. For purposes of determining whether the installation of a tower or antenna or satellite earth station complies with zoning district regulations, the entire lot shall control, even though the antennas or towers or satellite earth stations 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, antennas and satellite earth stations shall comply with the following requirements:
(1)
Towers and satellite earth stations shall be a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower or satellite earth station 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 or satellite earth station 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 or satellite earth station 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 or satellite earth station.
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 require a building permit, electrical permit, and Fire Marshal construction permit but shall not be subject to site plan approval or 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 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.
(3)
Mount analysis report, structural analysis report, and RF-EME compliance report prepared by a licensed design professional.
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.
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, or the construction/installation of satellite earth stations 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 or satellite earth stations 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 or satellite earth stations. 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 $1,500.
B.
Special permit requirements for towers/antennas.
(1)
Information required. Applications for a special use permit for a tower shall include the following:
(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.
(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.
[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.
(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:
(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 assure plant survival. Plant height in these cases shall include the height of any berm.
(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.
C.
Special permit requirements for satellite earth stations.
(1)
Information required. Applications for a special use permit for a satellite earth station shall include the following:
(b)
Setback distance between the proposed satellite earth station 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 and uses located on the same property or any adjoining parcels.
(c)
A written description of the application's compliance with all applicable requirements of this article and with all applicable federal, state and local laws.
(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 proximity of the satellite earth station to residential structures and residential district boundaries.
[2]
The nature of existing and/or proposed uses on adjacent and nearby properties.
[3]
The site and/or surrounding topography.
[4]
The surrounding tree coverage and foliage.
[5]
The design of the satellite earth station with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
[6]
The proposed ingress and egress.
[7]
The availability of suitable existing satellite earth stations, other structures or alternative technologies not requiring the use of new satellite earth stations.
(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 satellite earth station shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Board that no existing satellite earth station, structure or alternative technology not requiring the construction/alteration of a satellite earth station or structures can accommodate the applicant's proposed satellite earth station. An applicant shall submit any information requested by the Town Board related to the availability of suitable existing satellite earth stations, other structures or alternative technology. Evidence submitted to demonstrate that no existing satellite earth station structure or alternative technology can accommodate the applicant's proposed satellite earth station may consist of any or all of the following:
(a)
The applicant demonstrates that an alternative technology that does not require the use of satellite earth stations, is unsuitable. Costs of alternative technology that exceed new satellite earth station 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)
Satellite earth stations shall satisfy the minimum zoning district setback requirements for principal structures in the zoning district where the satellite earth station is proposed.
(b)
Accessory buildings shall satisfy the minimum zoning district setback requirements in the zoning district where the satellite earth station is proposed. If no accessory setback is indicated, accessory structures shall meet the principal building setback.
(5)
Security fencing. Satellite earth stations 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.
(6)
Landscaping. The following requirements shall govern the landscaping surrounding satellite earth stations 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)
Satellite earth stations shall be landscaped utilizing a buffer of plant materials that effectively screens the view of the satellite earth station compound from adjacent properties and rights of way. 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 satellite earth station and accessory facilities. In the case of poor soil conditions, planting shall be required on topsoil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
(b)
In locations where the visual impact of the satellite earth station 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 satellite earth stations are sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
§ 301-278 Site plan application.
§ 301-279 Removal of abandoned antennas and towers.
Any antenna, tower or satellite earth station that is not operated for a continuous period of 12 months shall be deemed abandoned. The owner of such antenna, tower or satellite earth station 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, tower or satellite earth station within said 90 days shall be grounds to remove the tower, antenna or satellite earth station at the owner's expense. In the event that two or more entities are using a single tower or satellite earth station then this provision shall not apply unless all uses cease with respect to such tower or satellite earth station.
§ 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.
§ 301-281 Purpose; permitted districts; definitions.
[Amended 2-6-2018 by L.L. No. 2-2018; 4-1-2025 by L.L. No. 7-2025]
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 Calverton Industrial (CI) 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 Light Industrial (LI) Zoning Use District that is located within the zip code boundary of Calverton.
D. LOT COVERAGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
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 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]
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]
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 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.
§ 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.
§ 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:
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.
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.
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 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.
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.
Any food establishment in which food is held for commercial distribution.
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:
The lot exceeds the minimum lot size for the zoning district;
Agricultural production is a principal permitted use in the zoning district where the property is situated;
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;
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
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.
The washing, grading, and packaging of on-farm and regionally grown agricultural products.
Grown on a farm located within the State of New York and/or within a radius of 250 miles of the farm.
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 markets that offer only fresh fruits and fresh vegetables for sale, food service establishments, or food and beverage vending machines.
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.
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:
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.
(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.
§ 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.
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.
(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.
§ 301-283.12 Intent.
The Town of Riverhead, together with New York State, its departments and agencies, and counties, towns and villages throughout the state, recognize that our water systems are vital assets. The water system challenges include water-source contamination; constraints on water supplies due to climate change and increasing demand; and necessary and costly infrastructure improvements due to transmission lines, pumps and treatment facilities susceptible to deterioration, together with limits on available funding. Water conservation will assist the Town of Riverhead in maintaining a supply-demand balance and realize other benefits, including but not limited to greater efficiency and appropriate expenditures for expansion of water supplies by allowing existing water supplies to serve increasing populations; alleviation of competing demands for water resources; and, increased ability to handle emergencies, such as drought, mechanical failure and water contamination. While there are many different and effective ways to minimize water use within residential, commercial and institutional buildings, including plumbing fixtures with flow restrictions, water conserving toilets, water pressure control devices, at peak demand outdoor water use represents nearly 75% of total water demand for lawn, landscape and garden watering, the Town, by this article, seeks to require landscape designs to require less water by incorporating xeriscape landscape techniques, including reducing turf area, planting drought-tolerant or low-water-using species, creation of stormwater gardens and other planned methods for protection of infrastructure and water aquifer, and installation of low volume and smart controlled irrigation systems.
§ 301-283.13 Purpose.
The Town of Riverhead has demonstrated its commitment and desire to be a sustainable community. The purpose of establishing landscape designs which utilize best management practices and incorporate xeriscape techniques, together with low volume and smart controlled irrigation systems, is intended to further this commitment by improving and maintaining the health of our waters, and reducing the stress on our infrastructure.
§ 301-283.14 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A valve, located under a sprinkler head and installed lower than the lowest head on the system, to hold water in the system when not in use so it minimizes drainage from the lower elevation sprinkler heads.
The depth of water applied to a given area, usually measured in inches per hour.
The portion of water supplied by the irrigation system to the landscape.
A mechanical or solid state timer capable of operating valve stations to set the days and length of time of a water application.
A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
A design or practice employed with the primary objective to minimize adverse water quality impacts, preserve beneficial features on-site, avoid downstream erosion and habitat loss, maintain natural base flows and groundwater recharge, prevent downstream flooding, provide multiple uses of drainage and stormwater drainage facilities, and/or provide for the economical, safe and aesthetically pleasing drainage system for development.
A landscape professional having successfully completed the examination for, and continuously maintains their status in, the Certified Nursery Professional Program administered by the New York State Nursery and Landscape Association.
A planting which can survive on minimal water from natural rainwater. (See Cornell University Integrative Plant Species Guidance Documents.)
A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Detect and report high flow conditions created by system damage or malfunction.
A plant that will require regular irrigation for adequate appearance, growth and disease resistance.
Non-native (or alien) to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
Supplied with equipment that can apply water from an irrigation system.
The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and from management practices. An example of how estimating can be done is by comparing water meter readings to estimated water need over a period of time, such as a billing period.
A complete connection of system components, including the water source, the water distribution network, controller and the necessary irrigation equipment.
The total cumulative area of the portions of a project development site to be improved with planting and irrigation. It includes water bodies supplied with water, such as fountains, swimming pools and ponds, but does not include natural open spaces and nonirrigated stormwater treatment areas (e.g., a detention pond or nonirrigated bioswales), building footprints, walkways, decks, patios, driveways, nonirrigated synthetic turf, nonirrigated portions of parking lots, and other nonirrigated hardscape areas.
An individual licensed by the New York State Department of Education's Office of Professionals, to perform services further described in Title VIII of the New York State Education Law.
The application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters which may include but are not limited to drip, driplines, micro-sprayers, and bubblers and which target small volumes of water at or near the root zone of plants.
A plant that can survive throughout the year with little irrigation and is semi-drought-tolerant.
A device in wired or wireless communication with the automatic controller that shuts off the irrigation system when it rains.
The irrigation system shall deliver water at a rate compatible with the site's soil types and infiltration rates. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match maximum application rates to infiltration rates.
An electronic automatic irrigation controller that is weather- or soil-moisture-based with a timing device used to operate remote control valves that operate an irrigation system, which schedules irrigation events using evapotranspiration (weather-based) data such as that from the California Irrigation and Management Information System (see definition of "CIMIS") and/or data from an integral or auxiliary soil moisture or rain sensor, and which may also include a high flow sensor for high flow damage or malfunction control.
An instrument for measuring the moisture content of the soil and capable of interruption of the irrigation cycle sensor when excessive moisture is detected.
Quality landscapes that conserve water and protect the environment and are adaptable to local conditions and which are drought tolerant. The principles of xeriscape include planning and design, appropriate choice of plants, soil analysis which may include the use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance.
§ 301-283.15 Site improvements and development projects subject to water conservation landscape requirements.
A.
This article shall apply to all of the following development application/projects:
(1)
Application for building permit for new development of a single-family, two-family or multifamily residential structure or an addition, renovation, alteration or improvement of an existing single-family, two-family or multifamily residential structure increasing square footage by 25% or that increases the existing lot area coverage by 25% or greater; and
(2)
Application for minor and major subdivision, including development of each individual residential lot and all landscaped common areas (NOTE: A land division without proposed development improvements shall not require a landscape design); and
(3)
Application for site plan and special permits, including applications for expansion of existing commercial and industrial sites.
B.
The following development applications/projects are exempt from the requirements of this article:
(1)
Agricultural and horticultural commerce (for example, commercial activities, such as farming of grains, wine grapes, vegetables, fruit and nut trees and other agricultural crop production; greenhouses; nurseries; and floriculture facilities); and
(2)
Plant collections, as part of botanical gardens and arboretums open to the public; and
(3)
Ecological restoration projects; and
(4)
Community gardens open to the public.
§ 301-283.16 Water conservation landscape requirements.
A.
All applicants seeking a permit or approval of a site improvements or development project identified in § 301-283.15A above shall provide a landscape design to include and be installed meeting the following criteria:
(1)
All landscape designs shall employ best management practices and include a minimum of 15% of the total landscaped area xeriscape or drought-tolerant or low-water-using plantings of the total landscaped areas; and
(2)
All landscape designs which include the installation of irrigation system(s), be it at the time of issuance of the building permit or at any and all times after issuance of building permit, shall adhere to the following requirements:
(a)
Low-volume irrigation shall be used in all landscaped areas less than eight feet in width in any direction; mulched areas; areas within 24 inches of a nonpermeable surface unless no runoff occurs or the adjacent nonpermeable surface drains entirely to permeable surfaces capable of admitting and retaining the irrigation runoff; and, on slopes greater than 25% (where "25%" means one foot of vertical elevation change for every four feet of horizontal length), unless an alternative design having the effect of low-volume irrigation (e.g., micro-sprayers) and which will avoid runoff and erosion is approved by the Director of the Planning and Building Department, Planning Board or Town Board; and
(b)
Smart irrigation controllers shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Individual controllers irrigating an area of 10,000 or more square feet shall be installed with a rain sensor(s) which shall be properly installed (e.g., in a location suitable for detecting rain without interference from structures and irrigation spray); and
(c)
Irrigation systems shall not be planned, installed or operated so as to permit water to spray on public sidewalks, paved areas or neighboring parcels. No underground piping shall be laid within the Town highway right-of-way; and
(d)
Nothing in this section shall be construed to limit, restrict or prohibit irrigation of any sort which is accomplished by obtaining water by means that would not deprive or otherwise retard recharge of the US EPA designated sole source aquifer system under the Safe Water Drinking Act.
B.
The landscape design package referenced in § 301-283.16A shall be prepared by an architect, landscape architect or certified nursery professional licensed by New York State in good standing, containing and satisfying the conditions and elements above and submitted with the building permit application, site plan application, special permit application or subdivision application. Notwithstanding the above, applicants seeking a building permit for an addition, renovation, alteration or improvement of an existing single-family, two-family or multifamily residential structure increasing square footage by 25% or increases the existing lot area coverage by 25% or greater shall not be required to retain an architect or landscape architect and instead the applicant may prepare and submit a landscape plot plan, depicting the location of planting and identification of plant/tree species.
C.
The Superintendent of the Water District may require a site plan, special permit or subdivision applicant to submit a copy of the water budget calculations required by the project as part of the landscape design plan.
D.
Upon approval of the landscape design plan, the applicant shall be required to file a covenant agreeing to maintain the landscape design plan in conformance with generally acceptable landscaping practices and standards. The applicant shall authorize periodic inspections upon reasonable notice. This covenant shall run with the land in perpetuity and shall be binding upon any and all successors in interest.
§ 301-283.17 When effective.
This article shall take effect immediately upon filing with the Secretary of State.
§ 301-283.18 Purpose; intent.
It is the purpose and intent of this article is to implement the provisions of the New York State Marijuana Regulation and Taxation Act (MRTA) and implement time, place, manner and saturation restrictions related to retail sale or on-site consumption for persons over the age of 21 within the boundaries and jurisdiction of the Town of Riverhead as authorized by the MRTA so as to protect the public health, safety, and welfare of the residents of the Town of Riverhead. In addition, this article sets forth requirements for operation of retail sale and on-site consumption establishments and limitations related to security, odor, waste disposal and other health and safety concerns. Nothing in this article is intended to promote or condone the sale, consumption or possession in violation of applicable law. The provisions of this article are in addition to all other provisions of the Town Code, including zoning, land use, and development regulations applicable to the underlying zoning district, together with all permits, licenses, approval which may be required pursuant to Town Code, state, local, and such other applicable laws. To the extent that the MRTA or any rule or regulation promulgated by the Cannabis Control Board and/or Office of Cannabis Management is more stringent or restrictive, such law, rule or regulation shall supersede the provisions of this article.
§ 301-283.19 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Unless otherwise specified in this chapter, shall mean a person applying for any permit, special permit or site plan approval to utilize premises for retail sale of cannabis or cannabinoid hemp (commonly referred to as marijuana) or on-site cannabis lounge/cafe within the boundaries and jurisdiction of the Town of Riverhead.
The phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in Subdivision (g) of Schedule I of § 3306 of the Public Health Law.
Hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than 0.3% delta-9 tetrahydrocannabinol.
All parts of the plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined by this section or any drug products approved by the Federal Food and Drug Administration.
A person 21 years of age or older acting in accordance with the provisions of the MRTA.
The New York State Cannabis Control Board (CCB) created pursuant to Article Two of the MRTA.
Cannabis, concentrated cannabis, and cannabis-infused products for use by a cannabis consumer.
Products that have been manufactured and contain either cannabis or concentrated cannabis and other ingredients that are intended for use or consumption.
A portion of Suffolk County Route 25A beginning at the boundary between Town of Brookhaven and Town of Riverhead and running in an easterly direction and terminating at its intersection with Suffolk County Route 25 located in the hamlet of Calverton, Town of Riverhead and shall include only those properties with frontage and vehicular access along the commercial corridor and meet the criteria set forth in § 301-283.20.
[Added 3-5-2024 by L.L. No. 11-2024]
A portion of Suffolk County Route 25 beginning at its intersection with Suffolk County Route 25A and running in an easterly direction and terminating at its intersection with Manor Road located in the hamlet of Calverton, Town of Riverhead and shall include only those properties with frontage and vehicular access along the commercial corridor and meet the criteria set forth in § 301-283.20.
[Added 3-5-2024 by L.L. No. 11-2024]
A portion of Suffolk County Route 58 (also known as Old Country Road) beginning at its intersection with Kroemer Avenue and running in an easterly direction and terminating at its intersection with Main Street in Riverhead and shall include only those properties with frontage and vehicular access along the commercial corridor and meet the criteria set forth in § 301-283.20.
[Added 3-5-2024 by L.L. No. 11-2024]
A portion of Suffolk County Route 25 (also known as Main Road) beginning at its intersection with Cross River Drive (County Route 105) and running in an easterly direction and terminating at its intersection with Tuthills Lane located in the hamlet of Aquebogue, Town of Riverhead and shall include only those properties with frontage and vehicular access along the commercial corridor and meet the criteria set forth in § 301-283.20.
[Added 3-5-2024 by L.L. No. 11-2024]
A portion of Suffolk County Route 25 (also known as Main Road) beginning at its intersection with Tuthills Lane and running in an easterly direction and terminating at the boundary between the Town of Riverhead and Town of Southold located in hamlets of Jamesport and Laurel, Town of Riverhead and shall include only those properties with frontage and vehicular access along the commercial corridor and meet the criteria set forth in § 301-283.20.
[Added 3-5-2024 by L.L. No. 11-2024]
Any person who sells at wholesale any cannabis product, except medical cannabis, for the sale of which a license is required pursuant to the provisions of the MRTA.
The plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3% on a dry-weight basis. It shall not include "medical cannabis" as defined in this section.
All derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, used or intended for human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol concentration of not more than an amount determined by the CCB.
A written authorization as provided under this article permitting persons to engage in a specified activity authorized pursuant to MRTA.
An individual or an entity who has been granted a license under MRTA.
A licensee that may act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer under this article; provided such licensee complies with all requirements imposed by this article on licensed producers, processors, distributors and retailers to the extent the licensee engages in such activities.
The New York State Office of Cannabis Management created pursuant to the provisions of the MRTA. The OCM is governed by the Cannabis Control Board to oversee and implement the MRTA. The OCM is responsible for licensing and development of regulations outlining how and when businesses can participate in the cannabis industry.
The consumption of cannabis in an area licensed by the Cannabis Control Board. An on-site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on-site consumption location. No person may own more than three on-site consumption licenses. On-site consumption licensees may not own or have any interest in a licensee in the cultivation, processing or distribution tier.
An individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
To solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee, of any cannabis, cannabis product, cannabinoid hemp or hemp extract product to a cannabis consumer for any purpose other than resale.
Any person who sells at retail any cannabis product to cannabis consumers. A retail dispensary license authorizes the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers. A retailer must comply with all applicable provisions of the MRTA regarding licensure.
[Amended 3-5-2024 by L.L. No. 11-2024]
A public or private licensed preschool, or a public, private, or charter elementary, middle, junior high, or high school, vocational school, and secondary school.
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis, including the use of an electronic smoking device that creates an aerosol or vapor.
§ 301-283.20 Location and number of permitted retail and on-site consumption establishments.
[Amended 3-5-2024 by L.L. No. 11-2024; 7-1-2025 by L.L. No. 22-2025]
The location and maximum number of each type of establishment permitted in the Town of Riverhead is governed by the subsections below.
A.
Location requirements. Cannabis retail and on-site consumption establishments shall be permitted in only the Business Center; Shopping Center; Destination Retail Center; Downtown Center 1; Downtown Center 2; Downtown Center 3; Hamlet Center; Rural Corridor; Village Center; Business CR; Peconic River Community; and Business F Zoning Districts subject to the following requirements:
(1)
No retail or on-site consumption establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any school, library or day-care facility.
(2)
No retail or on-site consumption establishment shall be established or located within 500 feet, measured from the nearest property lines of each of the affected parcels, of any Town beach, playground or community center, and children's amusement.
(3)
No retail or on-site consumption establishment shall be established or located within 500 feet, measured using a straight line from the center of the nearest entrance of the place of worship to the center of the establishment, of any place of worship.
(4)
No retail or on-site consumption establishment shall be established or located within 2,500 feet, measured from the nearest property lines of each of the affected parcels, of any other cannabis retail or on-site consumption establishment. Notwithstanding the above, only one cannabis retail or on-site consumption establishment shall be permitted in Commercial Corridors One, Two, Four and Five.
(5)
No retail or on-site consumption establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential use, except those properties with frontage along and located within Commercial Corridors One, Two, Three, Four and Five.
(6)
No retail or on-site consumption establishment shall be established or located within a mixed-use development project containing a residential use component.
B.
Retailers shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in the Town Code for the Town of Riverhead.
C.
Prior to applying for any building permit, use permit, special permit or site plan, or any other applicable land use application the applicant or their representative shall cause to be filed a "Notification to Municipality" also known as OCM-06009 in the Office of the Town Clerk. Pursuant to the MRTA the Town shall have 30 days to express and opinion regarding the proposed location to the Cannabis Control Board, with the Town reserving the right to request a one-time thirty-day extension of time for generating said opinion letter. An opinion letter recommending approval with a determination that the application and its proposed site location meets and complies with Town Code (Article LIIC, Cannabis) to the Cannabis Control Board shall be valid for a period not to exceed 90 days from the date of issuance.
D.
Within 90 days of issuance of the Town's opinion letter recommending approval with a determination that the application and its proposed site location meets and complies with Town Code (Article LIIC, Cannabis) to the Cannabis Control Board, the applicant shall file or caused to be filed a copy of the cannabis license for the location set forth in the opinion letter, together with an application and submission of all requisite fees for any building permit, use permit, special permit or site plan, or any other applicable land use application required pursuant to Town Code. The applicant's failure to file the relevant land use application as described herein above within the ninety-day period shall be deemed an abandonment of its application to locate within the Town of Riverhead and said opinion letter shall no longer be valid. In the event the applicant has complied with the filing requirements within the 90 days, then the application shall be extended for such period of time for approval or denial of such building permit, use permit, special permit or site plan or any other relevant land use application.
§ 301-283.21 Operation requirements.
Operation requirements. The following operating requirements shall apply to retail sale or on-site consumption establishments in the Town of Riverhead:
A.
Hours of operation. Retail establishments may be open for access to the public over the age of 21 only between the hours of 9:00 a.m. and 8:00 p.m., Monday through Thursday; Friday through Saturday 9:00 a.m. and 10:00 p.m. and Sunday 12:00 noon and 9:00 p.m. and on-site consumption establishments may be open for access to the public over the age of 21 only between the hours of 10:00 a.m. and 10:00 p.m., Monday through Thursday; Friday through Saturday 10:00 a.m. and 12:00 a.m. with sales and service of cannabis and cannabis products limited to 11:00 p.m. and Sunday 12:00 noon and 9:00 p.m. It shall be unlawful and a violation of this article for any person to employ any other person at a retail or on-site consumption establishment who is not at least 21 years of age.
B.
The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the retail or on-site consumption establishment. The owner and operator of a retail or on-site consumption establishment shall require all employees to verify the age of each customer to ensure the customer is not under the age of 21 years.
C.
Retail or on-site consumption establishment shall meet all health protection operating criteria for the sale of cannabis and cannabis products as required by state law and regulations, and local laws.
D.
Retail or on-site consumption establishment shall operate in a permanently constructed structure and shall not operate from a vehicle or non-permanent structure.
E.
Retail or on-site consumption establishments may conduct cannabis and cannabis product delivery services subject to such rules, regulations, permit, license or approval required and issued by MRTA, Cannabis Control Board and Office of Cannabis Management.
F.
Retail or on-site consumption establishments shall only store, hold, or sell cannabis and cannabis products approved and permitted by the MRTA, Cannabis Control Board and Office of Cannabis.
G.
Retail or on-site consumption establishments shall not receive, store, hold, or sell cannabis or cannabis products unless the cannabis and cannabis products are labeled and packaged as required by such applicable laws, rules and regulations promulgated by MRTA, Cannabis Control Board and Office of Cannabis.
H.
Retail or on-site consumption establishments may not operate as a permitted food facility, and may not share an entrance with a permitted food facility.
I.
Retail or on-site consumption establishments shall not sell or provide alcohol or tobacco to any customer or the public.
J.
Retail or on-site consumption establishments are prohibited from giving away any amount of cannabis or cannabis products and are prohibited from providing coupons as part of a business promotion.
K.
Retail establishments shall not allow the on-site consumption of cannabis and cannabis products by any customer, person or employee.
§ 301-283.22 Security requirements and limitations.
A.
Security measures at all licensed premises shall comply with the requirements of this article, MRTA and all such applicable rules and regulations promulgated by the Cannabis Control Board and/or Office of Cannabis Management.
B.
A description of the security plan shall be submitted with the application for a (special permit/site plan, certificate of occupancy) for use of premises as a retail or on-site consumption establishment. The security system, shall be maintained in good working order and provide 24 hours per day coverage.
C.
The security plan must include, at a minimum, the following security measures:
(1)
Cameras. The applicant, owner and holder of a license to operate a retail or on-site consumption establishment as required by the MRTA/Office of Cannabis Management shall install and use security cameras to monitor and record all areas of the premises (except in restrooms) where persons may gain or attempt to gain access to marijuana or cash maintained by the marijuana business entity.
(2)
Cameras shall record operations of the business to an off-site location, as well as all potential areas of ingress or egress to the business with sufficient detail to identify facial features and clothing.
(3)
Recordings from security cameras shall be maintained for a minimum of 30 days in a secure off-site location in the Town of Riverhead or through a service over a network that provides on-demand access, commonly referred to as a "cloud." The off-site location shall be included in the security plan submitted to the Town and provided to the Police Department upon request, and updated within 72 hours of any change of such location.
(4)
Use of safe for storage. The retail or on-site consumption establishment shall install and use a safe for storage of any processed marijuana and cash on the premises when the business is closed to the public. The safe shall be incorporated into the building structure or securely attached thereto.
(5)
For marijuana-infused products that must be kept refrigerated or frozen, the business may lock the refrigerated container or freezer in a manner authorized by the Town in place of the use of a safe so long as the container is affixed to the building structure.
(6)
Alarm system. The establishment shall install and use an alarm system that is monitored by a company that is staffed 24 hours a day, seven days a week. The security plan submitted to the Town shall identify the company monitoring the alarm, including contact information, and updated within 72 hours of any change of monitoring company.
§ 301-283.23 Odor management plan.
A.
Any person proposing to apply for permit or approval to use premises as a cannabis retail or on-site consumption establishment, or applying as a new owner of an existing cannabis establishment shall submit an odor management plan to the Planning Department. The odor management plan shall describe sufficient processes which, if implemented, will prevent odors from the cannabis establishment from being detected by a person outside of the establishment.
B.
The odor management plan shall include a detailed description of the ventilation system used by the cannabis establishment, including but not limited to, how the ventilation systems prevent odor from escaping the interior of the building and how to mitigate the noxious fumes or gases.
C.
The owner shall be responsible for the development, implementation, and maintenance of the odor management plan. Odor mitigation practices shall be based on industry-specific best control technologies and best management practices. The plan shall include the range of odor mitigation practices to be deployed to control odor-emitting activities, sources, and locations, how and when these practices will be deployed, and accounting for any identified odor-emitting activity.
D.
The permittee, operator, or person in charge of a cannabis establishment shall maintain, and provide to the Planning Department upon request, all records relating to odor management, including but not limited to, system installation, maintenance, any equipment malfunctions and deviations from the odor management plan.
E.
The permittee, operator or person in charge of a cannabis facility shall maintain records of odor complaints received and response actions thereto.
F.
If an inspection or complaint investigation by the Planning Department or Code Enforcement reveals any deviation from the odor management plan, such deviation shall be a violation of this article.
G.
If an inspection reveals that the existing odor management plan does not effectively mitigate odors emanating from the cannabis facility or cannabis facility's cultivation site, the Planning Department or Code Enforcement shall provide the operator or person in charge with a notice of deficiencies. The owner, operator or person in charge of the cannabis establishment shall be required to submit a modified odor management plan within a reasonable amount of time, as determined by the Planning Department or Code Enforcement. Failure to submit a modified odor management plan within the required time period shall be a violation of this article.
H.
When a modification is made to a cannabis establishment or operation of the establishment that has the potential to impact the nature or degree of odor, or affects the control of odor, the cannabis facility operator must update its odor management plan within 30 days of modification. Failure to submit an updated odor management plan within 30 days of modification shall be a violation of this article.
§ 301-283.24 Waste management plan.
A.
Any person proposing to apply for a public health permit for a cannabis facility, or apply as a new owner of an existing cannabis facility shall submit a waste management plan along with the submission of a public health permit application or plans to the Planning Department.
B.
A waste management plan shall address the storing, handling, disposing and reusing of all waste by-products and shall characterize the volume and types of waste generated for all commercial cannabis activities in compliance with the best management practices and all such applicable laws, rules and regulations promulgated by the Cannabis Control Board and/or Office of Cannabis Management.
C.
A cannabis retail and on-site consumption establishment shall not sell or otherwise transfer title of cannabis waste, except as permitted by applicable laws, rules and regulations promulgated by the Cannabis Control Board and/or Office of Cannabis Management.
D.
All waste generated from commercial cannabis operations must be properly stored and secured, whether in the control of the cannabis facility operator or not, in order to prevent access to the public.
§ 301-283.25A Statutory authority.
[Added 7-1-2025 by L.L. No. 22-2025]
This article is enacted pursuant to the provisions of Article 6, Section 131(2) of the MRTA and the Municipal Home Rule Laws of the State of New York.
§ 301-283.25B Severability.
[Added 7-1-2025 by L.L. No. 22-2025]
In the event that any section of this chapter be decided by the courts to be unconstitutional or invalid in whole or in part, such decision shall not affect the validity of this chapter as a whole or any part thereof other than that so decided to be unconstitutional or invalid.
§ 301-283.25C When effective.
[Added 7-1-2025 by L.L. No. 22-2025]
This article shall take effect immediately upon filing with the Secretary of State.
§ 301-283.26 Purpose.
The Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Riverhead by creating regulations for the installation and use of battery energy storage systems, with the following objectives:
A.
To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;
B.
To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;
C.
To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources.
§ 301-283.27 Definitions.
As used in this article, the following terms shall have the meanings indicated:
American National Standards Institute.
An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this article, batteries utilized in consumer products are excluded from these requirements.
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
A systematic process that provides a narrative and plan for the removal/proper disposal and reclamation of a battery energy storage system, and its site, at the end of its useful life and/or as the result of damage by fire or other event.
A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the New York State Building Code, and complies with the following:
The building's only use is battery energy storage, energy generation, and other electrical-grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage systems, provided the following:
The areas do not occupy more than 10% of the building area of the story in which they are located.
A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
Shall include the total square footage of the perimeter of all of the dedicated-use buildings and/or structures housing a battery energy storage system, inclusive of all interior spaces between the dedicated use buildings and/or structures housing a battery energy storage system, in addition to driveways and service roads (paved or stone), and all accessory equipment, buildings and structures.
U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on nonparticipating property.
Any building in Occupancy Group A, B, E, I, R, as defined in the New York State Building Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate), regardless of whether any part of a battery energy storage system is constructed on the property.
The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
§ 301-283.28 Applicability.
A.
The requirements of this article shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Riverhead after the effective date of this article, excluding general maintenance and repair.
B.
Battery energy storage systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article.
C.
Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this article.
§ 301-283.29 General requirements.
A.
A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
B.
All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that contain or are otherwise associated with a battery energy storage system and are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Riverhead Town Code.
§ 301-283.30 Requirements for Tier 1 battery energy storage systems.
Tire 1 battery energy storage systems shall be permitted in all zoning districts, are subject to general requirements pursuant to § 301-283.29, and are exempt from special permit requirement and site plan review.
§ 301-283.31 Requirements for Tier 2 battery energy storage systems.
[Amended 4-1-2025 by L.L. No. 10-2025]
Tier 2 battery energy storage systems are permitted through the issuance of a special permit by the Town Board, pursuant to Article LVII, within the Calverton Industrial (CI), Light Industrial (LI), Planned Industrial Park, Agricultural Protection, and Residence A-80 Zoning Use Districts and shall be subject to site plan review by the Planning Board pursuant to Article LVI and as follows:
A.
Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent practicable.
B.
Parcels upon which battery energy storage systems are placed shall adhere to the standards as set forth below:
(1)
The minimum lot area for all Business and Industrial District parcels proposing Tier 2 battery energy storage systems shall be 40,000 square feet.
(2)
For all residentially zoned parcels proposing Tier 2 battery energy storage, the parcel shall be located within 1,000 feet of an existing LIPA Substation or commercial solar energy production system.
(3)
The minimum lot size for residentially zoned properties proposing Tier 2 battery energy storage systems shall be 80,000 square feet.
(4)
The maximum lot coverage for Tier 2 battery energy storage systems shall be 75% in any zone.
(5)
The maximum height of structures dedicated to Tier 2 battery energy storage systems shall be 20 feet.
(6)
The minimum required side and rear yard setback shall be 10 feet; the minimum side yard setback shall be 25 feet when adjacent to property zoned or containing a residential use.
(7)
The minimum screening within required yards shall include landscape plantings to be erected and maintained by the applicant along the front, side and rear property lines; the Planning Board may modify these requirements for screening where the same or better screening effect is accomplished by the natural terrain or foliage.
(8)
Design and visibility. Battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the existing terrain, character of the property and surrounding area without interfering with ventilation or exhaust ports.
(9)
Adjoining street rights-of-way.
(a)
The minimum required transitional front yard shall be 20 feet, unless the Planning Board finds for aesthetic and/or safety reasons that additional setback is necessary.
(b)
The minimum required screening shall be achieved by landscape plantings, including evergreen shrubs not less than four feet in height at the time of installation and deciduous street trees that meet Town specifications.
C.
Accessory/principal use.
(1)
A Tier 2 battery storage system shall not be permitted as accessory to the principal use of a residential dwelling.
(2)
In Commercial and Industrial Zoning Use Districts, Tier 2 battery storage systems shall be allowed as an additional use.
(3)
Tier 2 battery energy storage systems may be considered accessory when the principal use of a parcel is for the generation of electricity via solar panels.
D.
Avoidance areas. Battery energy storage systems shall not be located in the following avoidance areas:
(1)
Flood hazard zones, unless compliance with FEMA can be achieved without significant visual or safety impacts.
(2)
Open space/greenbelt areas.
(3)
On parcels containing prime agricultural soils, unless the proposed battery energy storage system can be located on a portion of the parcel containing nonprime agricultural soils.
(4)
Historically and culturally significant resources, unless it can be demonstrated that an installation will not adversely affect the historic resource and is fully reversible.
(5)
Designated conservation areas, including but not limited to lands purchased through the Community Preservation Fund, and properties that are preserved via the purchase of development rights.
(6)
Scenic corridors or viewsheds, unless the installation is fully camouflaged and is found to not compromise the scenic corridor or viewshed.
(7)
Within 150 feet of Town of Riverhead wetlands, 100 feet of NYSDEC freshwater wetlands, or within 300 feet of NYSDEC tidal wetlands.
E.
Submission. A complete site plan pursuant to Article LVI and special permit requirements pursuant to Article LVII and as follows:
(1)
Name, address, phone number, and signature of the project applicant, as well as the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.
(2)
A one- or three-line electrical diagram detailing the battery energy storage system layout, associated components, and cs, with all National Electrical Code compliance disconnects and overcurrent devices.
(3)
A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.
(4)
Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Planning Board prior to final inspection and approval and maintained at an approved on-site location.
(5)
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
(6)
Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.
(7)
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board in consultation with the Town Engineer.
F.
Fencing requirements.
(1)
Battery energy storage systems, including all mechanical equipment and buildings dedicated to battery energy storage systems, shall be enclosed by a privacy fence, with the design subject to Planning Board discretion, to a maximum height of seven feet, with a self-locking gate to prevent unauthorized access, and shall not interfere with ventilation or exhaust ports.
(2)
The regulatory fence should be sited in such a way that it encompasses the whole battery storage structure.
(3)
All required fencing shall not be located within the required transitional front yard pursuant to § 301-283.31B(9)(a).
(4)
The Planning Board shall require landscaping located between the fence and the surrounding properties, including the public right-of-way, as appropriate and necessary.
G.
Signage.
(1)
The signage shall be in compliance with ANSI Z535 and all other applicable codes and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.
(2)
As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
H.
Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. All lighting shall comply with Article XLIX, Exterior Lighting, of the Riverhead Town Zoning Code.
I.
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall comply with noise standards found in Chapter 251, Noise, Public Nuisances and Property Maintenance. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.
J.
Vegetation and tree cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground cover shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
K.
Prior to the issuance of a building permit, all applications shall include an emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
(1)
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
(2)
Emergency contact information for the owner and operators, with twenty-four-hour contacting information, which must be kept current.
(3)
Procedures for inspection and testing of associated alarms, interlocks, and controls.
(4)
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.
(5)
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
(6)
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
(7)
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
(8)
Other procedures as determined necessary by the Planning Board to provide for the safety of occupants, neighboring properties, and emergency responders.
(9)
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
L.
Ownership changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special exception approval shall remain in effect, provided that the successor, owner or operator assumes, in writing, all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Planning Department, Building Department, and Fire Marshal's Office of such change in ownership or operator, in writing, within 30 days of the ownership change. All permits and approvals for the battery energy storage system shall be void if a new owner or operator fails to provide written notification to the Planning Department within the required time frame. Reinstatement of a voided special permit/site plan will be subject to the approval process for new applications.
M.
Decommissioning.
(1)
All site plan applications shall include a decommissioning plan. The decommissioning plan shall include the following:
(a)
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, transmission lines, access roads and other related improvements from the site;
(b)
A detailed narrative and plan for the disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(c)
The anticipated life of the battery energy storage system;
(d)
The estimated decommissioning costs, prepared by a licensed professional engineer, and how said estimate was determined;
(e)
The method of ensuring that funds will be available for decommissioning and restoration;
(f)
The method by which the decommissioning cost will be kept current;
(g)
The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed;
(h)
A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
(2)
The owner and/or operator of the energy storage system shall implement said plan upon abandonment and/or in conjunction with removal from the facility.
N.
Decommissioning fund. The owner and/or operator of the battery energy storage system shall continuously maintain a fund, either through escrow account, bond or otherwise payable to the Town of Riverhead, in a form and amount approved by the Town Engineer or the Town's Consulting Engineer, for the decommissioning and removal of the battery energy storage system, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.