Riverhead City Zoning Code
PART 4
Subdivision and Land Development
§ 301-284 Declaration of policy.
[Amended 9-19-1978; 11-1-2016 by L.L. No. 27-2016]
A.
By the authority of the resolution of the Town Board of the Town of Riverhead adopted on January 28, 1948, and amended on September 19, 1978, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Riverhead is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, and to approve preliminary plats within that part of the Town outside the limits of any incorporated city or village. The Planning Board is further authorized and empowered to approve the development of plats already filed in the office of the Suffolk County Clerk or Register of Suffolk County if such plats are entirely or partially undeveloped. It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be as laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Master Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds. In order that land subdivisions may be made in accordance with this policy, this article, which shall be known as and which may be cited as the "Town of Riverhead Land Subdivision Regulations," has been adopted by the Planning Board and approved by the Town Board.
B.
Notwithstanding the provision above, the Town Board shall be vested with such identical powers and authority as bestowed upon the Planning Board with respect to review and approval of plats showing lots, blocks and sites, be it related to major, minor or industrial subdivision of land, located within urban renewal designated areas pursuant to Article 15 of the General Municipal Law filed on or after the effective date of the adoption of this provision. To the extent the Town Board acts as the agency reviewing subdivision pursuant to this article of the Town Code, references to the "Planning Board" in connection with subdivision review shall be interpreted to mean the "Town Board." This provision, § 301-284B, is adopted pursuant to the statutory authority/supersession provisions set forth Municipal Home Rule Law and is consistent with Articles 15 and 15-A of the General Municipal Law and Chapter 423 of the Laws of 2013. It expressly supersedes any provisions of the Town Code of the Town of Riverhead and Articles 4 and 16 of Town Law of the State of New York, including §§ 271, 276, 277, 278 and 279.
§ 301-285 Standard yield requirements.
[Added 9-19-1989]
A.
A standard yield plan shall be submitted to the Planning Board in its consideration of all subdivisions of land in order to determine the appropriate number of building lots which can be created from the subject tract. The standard yield plan shall conform in all respects to both the dimensional requirements set forth in this chapter and the Zoning Use District Schedule, as well as the provisions of this article. The location of land to be offered for dedication for recreational purposes to satisfy the requirements of this article shall be shown on the standard yield plan unless the Planning Board has determined that a fee will be accepted in lieu of a parkland dedication pursuant to § 301-289B(14). The standard yield plan shall exclude the following features from consideration as areas contributing to total lot yield:
(1)
Water surfaces.
(3)
Horizontal area of escarpments, bluffs or the seaward faces of primary dunes.
(4)
Beaches below mean high water as defined by the United States Coast and Geodetic Survey Quadrangle Benchmark Elevations and tidal values for the respective area and any beach lying between the aforementioned mean high-water line and the area referenced in Subsection A(3) of this section.
(5)
Areas required for park dedication pursuant to this article.
(6)
Areas required for recharge of stormwater pursuant to this article.
(7)
Areas required for the provision of public highways pursuant to this article.
(8)
Areas required for proposed utilities for public facilities, except minor utility easements of direct service to the subdivision.
B.
For the purposes of this section, the "area contributing to total lot yield" and "lot area" shall not have identical meaning. The "total lot yield" shall be the total number of lots which will result from the division of a parcel of real property. The "lot area" of a proposed parcel may include areas described in Subsection A(1) through (4), provided that the proposed lot shall have the minimum lot area required by the respective zoning use district, exclusive of those areas described in Subsection A(1) through (4) of this section.
§ 301-286 Stormwater pollution prevention plans.
[Added 12-18-2007 by L.L. No. 42-2007; amended 12-16-2008 by L.L. No. 52-2008; 11-18-2014 by L.L. No. 21-2014]
A stormwater pollution prevention plan consistent with the requirements of the Code shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 275-6 of the Code. The approved final subdivision plat shall be consistent with the provisions of the Code. Land development/redevelopment activity, as the term is defined in Riverhead Town Code § 275-2, is expressly prohibited absent submission of a stormwater pollution prevention plan and approval by the Town of Riverhead's Stormwater Management Officer.
§ 301-287 Conditions of preliminary major and minor subdivision approval.
[Added 11-18-2014 by L.L. No. 21-2014]
As a condition of preliminary major and minor subdivision approval, the applicant, applicant's agent, assigns or representative is prohibited from conducting land development/redevelopment activity, including, but not limited to, clearing, grading, excavating, soil disturbance of any kind or degree, or the importation or placement of fill in any composition or quantity on the subject property, inclusive of its presently constituted use and condition.
§ 301-288 Minor subdivisions.
A.
Procedure.
(1)
Sketch plan. A sketch plan prepared in accordance with Subsection B of this section may be submitted. The subdivider shall submit six paper prints of the sketch plan, clearly marked "Sketch Plan of Minor Subdivision," and a digital copy of the sketch plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plan, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine that the proposed minor subdivision does not create traffic, safety or drainage problems and does not significantly affect the development of surrounding properties. The Planning Board must be satisfied that the subdivision is not a plan to circumvent the Subdivision Regulations of the Planning Board of the Town of Riverhead for a larger parcel of property. If the Planning Board finds that the sketch plan, or sketch plan as modified, meets the purposes of this article, the subdivider or his agents may proceed with the preparation of a minor subdivision plan.
[Amended 4-19-2005 by L.L. No. 10-2005]
(2)
Minor subdivision plan.
(a)
The subdivider shall submit 10 paper prints of a map, clearly marked "minor subdivision plan," in accordance with the requirements herein set forth, and a digital copy of the minor subdivision plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be protected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the minor subdivision plan is amended, the subdivider shall submit a digital copy of each amendment to the minor subdivision plan. If the subdivider has not submitted a sketch plan, the Planning Board shall determine that the proposed subdivision does not create traffic, safety or drainage problems and does not significantly affect the development of surrounding properties, and the Planning Board must be satisfied that the subdivision is not a plan to circumvent the Subdivision Regulations of the Planning Board of the Town of Riverhead for a larger parcel of property.
[Amended 4-19-2005 by L.L. No. 10-2005]
(b)
If the Planning Board finds that the minor subdivision plan meets the purposes of this article, the Planning Board will adopt a resolution approving the minor subdivision plan and cause a copy of the resolution, together with a copy of the minor subdivision plan, to be filed with the Building Inspector.
(c)
If the lots shown on the minor subdivision plan are not conveyed or devised by will prior to a change or amendment to this chapter which would make the lots nonconforming to this chapter, the approval shall be deemed null and void.
(d)
Before granting final approval to a minor subdivision plan, the Planning Board of the Town of Riverhead shall require a covenant restricting the subdivision of any lot or remaining parcel of land which could be further subdivided into lots meeting the area and width requirements of this chapter until a major or minor subdivision plan is submitted to the Planning Board complying with the rules and regulations of the Planning Board for the subdivision and platting of land. The instrument containing the hereinafter set forth covenant above referred to must be recorded in the Suffolk County Clerk's office at the expense of the subdivider, and a certified copy of the filed covenant shall be submitted to the Clerk of the Planning Board of the Town of Riverhead. The covenant shall be executed by the owner of the entire parcel of land being subdivided and/or shall be executed by the purchaser of a parcel of land, designated as a lot.
B.
Sketch plan. The sketch plan shall show the following information:
[Amended 9-20-1983]
(1)
The name of the owner or identifying title and the name of the hamlet, town and county in which the land is located.
(2)
Names and addresses of record owner, subdivider and engineer or surveyor of design of sketch plan.
(3)
Tax Map numbers.
(4)
Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets.
(8)
Date, North point and scale.
(9)
Key map:
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and main intersections.
(d)
Boundary lines indicating building zone districts and any other special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(10)
The proposed lot lines with appropriate dimensions.
(11)
Easements.
(12)
Area of lots and total acreage of entire tract and of each building zone district within the tract.
(13)
Zoning district or districts.
C.
Minor subdivision plan. The minor subdivision plan shall be prepared by a licensed surveyor or licensed engineer permitted to perform land surveying pursuant to the State Education Law § 7208, Subdivision m, and shall show the following information:
[Amended 9-20-1983; 12-4-1984]
(1)
The name of the owner or identifying title and the name of the hamlet, town and county in which the land is located.
(2)
Names and addresses of record owner, subdivider, and engineer or surveyor of design of minor subdivision plan.
(3)
Tax Map numbers.
(4)
Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets.
(8)
Date, North point and scale.
(9)
Easements.
(10)
Contours, when required by the Planning Board, and the contour intervals as set forth by the Planning Board; and elevations of existing roads, when required by the Planning Board, at points of change in grade and at one-hundred-foot intervals.
(11)
Key map:
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivisions indicating the dimensional relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and main intersections.
(d)
Boundary lines indicating building zone districts and any other special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(12)
An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances.
(13)
The bearings and dimensions of the lines of each lot.
(14)
Area of each lot in square feet and total acreage of entire tract and of each building zone district within the tract.
(15)
Zoning district or districts.
(16)
The approval of the Suffolk County Department of Health Services, when required by the Planning Board, for the method of water supply and sewage disposal.
D.
Application and fee.
(1)
A letter of application, together with the requisite number of copies of the sketch plan for minor subdivision or the subdivision plan of minor subdivision, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at that meeting.
[Amended 12-6-1977; 10-30-1984; 6-4-2019 by L.L. No. 16-2019]
(2)
All applications for the consideration of a minor subdivision shall be accompanied by a fee of $500, plus $200 per lot; if the lots are merged or if an internal change in the lot lines occurs, the fee shall be $500, plus $50 per lot; if a major subdivision is to be treated as a minor subdivision, the fee shall be $500, plus $100 per lot; if a minor subdivision is taken from a proposed major subdivision, the fee shall be $500, plus $100 per lot.
[Amended 1-20-1987; 12-29-1989; 7-3-1990; 6-4-2019 by L.L. No. 16-2019]
(3)
The applicant shall erect a sign giving notice that an application to the Planning Board is pending and giving the date, time and place where the regular meeting for consideration of the application, or adjourned date, will be held. The sign will be furnished by the Town of Riverhead. It shall not be set back more than 10 feet from the property line and shall not be less than two nor more than six feet above the grade at the property line. It shall be displayed for a period of not less than seven days immediately preceding a regular meeting for consideration of the application or any adjourned date. The applicant shall file with the Planning Board an affidavit that he has complied with the provisions of this section. No application shall be considered unless such affidavit has been filed.
(5)
Consistent with the legislative findings in § 301-289B(14) and § 301-304D(1), where the Planning Board deems it to be in the best interest of the residents of the Town of Riverhead to require the developer to establish recreational facilities to serve the residences created by the minor subdivision, and if the minor subdivision shall have insufficient or unsuitable land available within which to create recreational facilities, it shall require the developer to deposit a payment in the amount of $5,000 per each lot in the subdivision upon approval of final residential subdivision, site plan, special permit, conditional use or other plan effective immediately. In lieu of a cash payment, the subdivider may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit or passbook is deposited, the fee of $5,000 shall be paid to the Town of Riverhead upon the issuance of approval of final site plan or final subdivision each building permit for the construction of any such residential structures within the subdivision by the Building Inspector. The balance shall be payable in full on the second anniversary date on which this certificate of deposit or passbook was deposited and shall be withdrawn from such account by order to the Town Board. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The amended fee of $5,000 shall apply to all subdivisions which receive final plat approval after the effective date of this Subsection D(5). Note that a developer may make application for a refund of fees within 120 days from the date of payment of fee or issuance of building permit, whichever is sooner, provided that no construction has commenced related to any such building permit.
[Added 8-15-2006 by L.L. No. 33-2006; amended 12-20-2011 by L.L. No. 26-2011; 2-6-2024 by L.L. No. 8-2024]
§ 301-289 Major subdivisions.
A.
Procedure.
(1)
Sketch plans. Three alternative sketch plans prepared in accordance with § 301-288B may be required to be submitted. One of the three sketch plans may be required to be a cluster development. The subdivider shall submit 12 paper prints of each sketch plan, clearly marked "sketch plan," and a digital copy of the sketch plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the sketch plan is amended, the subdivider shall submit a digital copy of each amendment to the sketch plan. The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plans, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine whether any of the sketch plans meet the purposes of this article and shall, where it deems necessary, make specific recommendations so that the subdivider or his agents may proceed with the preparation of a preliminary plat.
[Amended 5-16-1978; 9-20-1988; 4-19-2005 by L.L. No. 10-2005]
(2)
Preliminary plat. The subdivider shall submit 13 paper prints of the preliminary plat, clearly marked "preliminary plat," in accordance with the requirements herein set forth, and the Planning Board will hold a public hearing in accordance with Subdivision 5 of § 276 of the Town Law. The subdivider shall submit a digital copy of the preliminary plat in a common computer-aided design (CAD) file format, among them DON, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the preliminary plat is amended, the subdivider shall submit a digital copy of each amendment to the preliminary plat. Subsequent to the preliminary plat hearing, the Planning Board shall forward one copy of said preliminary plat to the respective fire district. The fire district shall forward comments to the Planning Board within 10 working days of referral.
[Amended 4-15-1997; 4-19-2005 by L.L. No. 10-2005; 6-7-2016 by L.L. No. 18-2016]
(3)
Final plat. The subdivider shall submit one linen print and 12 paper prints and shall submit the copies required for filing in the County Clerk's office and may submit the linen tracing to the Planning Board within the time and in accordance with the requirements set forth in § 276 of the Town Law, in accordance with the requirements herein set forth and in accordance with any other applicable state law or local law, ordinance, rule, regulation or resolution. The subdivider shall submit a digital copy of the final plat in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the final plat is amended, the subdivider shall submit a digital copy of each amendment to the final plat.
[Amended 9-20-1988; 4-19-2005 by L.L. No. 10-2005]
(4)
Improvements. After the approval of the final plat, the subdivider shall submit to the Town Board a properly executed performance bond or other security as provided in § 277 of the Town Law, in an amount to be determined by the Planning Board, for review and approval by the Town Board. The performance bond shall run for a period of two years, with such performance bond or other security to be extended, upon written request, for two-year terms at the discretion of the Town Board in an amount to be determined by the Planning Board for such extension. There shall be a fee of $2,000 imposed for each two-year extension granted beyond the initial two-year period. Nothing herein shall extend the statutory Town Law provisions relating to an exemption from amendments to this chapter and bulk area requirements beyond the three years set forth in such statute. In the event that any required improvements have not been installed or constructed within the term of the original security agreement or its authorized extension(s), the Town Board will thereupon declare the security agreement to be in default and collect the sum remaining payable thereunder, and, upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security.
[Amended 3-4-1987; 2-22-2006 by L.L. No. 10-2006; 6-7-2016 by L.L. No. 18-2016]
(5)
Filing. Upon the approval of the final plat, signed by a duly authorized officer of the Planning Board, the subdivider shall file the plat in the office of the County Clerk within the time specified in Subdivision 11 of § 276 of the Town Law.
[Amended 6-7-2016 by L.L. No. 18-2016]
(6)
The Planning Board will recommend to the Town Board the release of the performance bond upon the satisfactory completion of all work covered in the bond. After the Town Board and Highway Superintendent have approved the improvements for acceptance and approved release of the performance bond, the subdivider will be required to furnish a one-year maintenance bond to be approved simultaneously with the release of the performance bond, such maintenance bond to be in an amount equal to 33 1/3% of the original face value of the performance bond at the time of acceptance of public improvements. During the one-year period of the maintenance bond, the subdivider will be responsible for the repair, replacement or maintenance of all construction work, materials, trees and landscaping.
[Added 3-4-1997]
B.
General requirements. The subdivider shall observe the following general requirements and principles of land subdivision:
(1)
In general, the proposed subdivision shall conform to the Master Plan, if any, affecting the area.
(2)
The arrangement of streets in the subdivision shall provide for the continuation of principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided, and such streets shall be of a width at least as great as that of such existing connecting streets.
(3)
In general, main highways and secondary highways shall be of adequate width as may be designated by the Board. The width of minor streets shall not be less than 55 feet.
(4)
Dead-end or cul-de-sac streets shall not in general exceed 400 feet in length and shall be equipped with a turnaround roadway having a minimum radius equal to the width of the street.
(5)
Block lengths generally shall not exceed 1,200 feet in length.
(6)
Pedestrian walks or easements for underground utilities not less than 10 feet in width may be required near the center of all blocks over 800 feet in length.
(7)
Each normal block shall be planned to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets and containing interior parks will be acceptable when properly designed.
(8)
Curb radii at intersections shall be not less than 20 feet, and property lines shall be adjusted accordingly.
(9)
Sidelines of lots, so far as practicable, shall be at right angles or radial to street lines.
(10)
Reversed frontage of lots at street intersections shall be avoided where possible.
(11)
Grades of all streets shall be the reasonable minimum but shall not be less than 25% nor more than 5% for main thoroughfares nor more than 10% for minor streets.
(12)
In case a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.
(13)
Reserve strips. In general, no reserve strips controlling access to land dedicated to public use will be permitted.
(14)
Park and playground sites.
[Amended 4-2-1991; 3-4-1997; 9-19-2000 by L.L. No. 9-2000; 8-15-2006 by L.L. No. 33-2006; 3-15-2011 by L.L. No. 6-2011; 12-20-2011 by L.L. No. 26-2011; 2-6-2024 by L.L. No. 8-2024
(a)
Legislative findings. The Town Board finds that the construction of dwelling units and/or conversion of nonresidential building space to dwelling units places a burden upon the Town's park and recreation facilities. New York State Town Law §§ 274-a, Subdivision 6, and 277, Subdivision 4, authorize a local requirement that developers of dwelling units set aside parkland or pay a fee in lieu thereof to provide funds for the acquisition and improvement of park and recreational facilities within a reasonable distance and within or proximate to the neighborhood to the proposed construction of residential dwelling units. Notwithstanding the above, the Town Board finds and determines that the following park and recreational facilities, be it due to its size, unique location or wide range of or offer of different improvements attracting and utilized by the entire community, also described as flagship parks, are in all respects neighborhood facilities available to all residents of the Town: Veterans Memorial Park, Stotzky Park, Police Officers Memorial Park, Wading River Beach, Iron Pier Beach, and South Jamesport Beach. In order to manage residential development consistent with Town's Comprehensive Plan and its recreational component, Recreation Department's Master Plan, and recommendations and reports of the Recreation Advisory Committee, the Town Board finds it necessary to empower the Planning Board, or the Town Board as the case may be, to review residential land use for the adequacy of future park and recreational uses.
(b)
The Planning Board may require that land be reserved for park, playground or other recreational purposes. The Planning Board may require that a cash payment be deposited with the Town Board in a special fund as required by § 277 of the Town Law where the Planning Board deems that land would be inadequate and unsuitable for use as a park, playground or other recreational purposes.
(c)
Land reserved for recreational purposes shall have an area of five acres for each 100 lots shown on the plan, or proportional thereto. Any parcel of land reserved for recreational purposes shall have an area of at least one acre. In meeting these requirements, the Planning Board may require or the developer may reserve more than one acre within the subdivision for park, playground or recreational purposes, but in no case shall any reserved area be of less than one acre.
(d)
Where the Planning Board deems it to be in the best interest to require the developer to deposit a payment, the amount to be paid shall be at the rate of $5,000 per each lot in the subdivision per each lot in the subdivision upon approval of final residential subdivision, site plan, special permit, conditional use or other plan, effective immediately. In lieu of a cash payment, the subdivider may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit or passbook is deposited, the fee of $5,000 shall be paid to the Town of Riverhead prior to the issuance of each building permit for the construction of any such residential structures within the subdivision by the Building Inspector. The balance shall be payable in full on the second anniversary date on which this certificate of deposit or passbook was deposited and shall be withdrawn from such account by order to the Town Board. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The amended fee of $5,000 shall apply to all subdivisions which receive final plat approval after the effective date of this Subsection B(14)(d). Note that a developer may make application for a refund of fees within 180 days from the date of payment of fee or issuance of building permit, whichever is sooner, provided that no construction has commenced related to any such building permit(s) and affidavit of withdrawal and forfeiture of all approvals, waiver of return of or reimbursement of all costs and fees related to said subdivision application and processes.
(e)
Where land is to be reserved for park, playground or other recreational purposes, the developer shall submit a proposed plan for the development of this area in line with the proposed recreational use, which plan shall be reviewed by the Planning Board. The Planning Board may approve the same or require amendments or changes thereto before granting its approval. The developer shall also submit an estimate of cost to construct the improvements shown on the plan. The Planning Board will review the estimate and approve or revise the amount of the estimate and, if the construction is not completed prior to the approval of the final subdivision plan, will require a performance bond to insure that the improvements will be completed.
(f)
If the Planning Board shall require that certain land be reserved for park, playground or other recreational purposes and a cash deposit be made, the cash deposit shall be equal to the amount hereinbefore set forth, e.g., $5,000 for each lot in the subdivision, less the cost of land reserved at the rate of $5,000 per acre and less the cost of the amount approved for the construction of the improvements in the recreational area. The amended fee of $5,000 shall apply to all subdivisions which receive final plat approval after the effective date of this code provision.
(g)
The developer shall present a proposal in the form of covenants and restrictions which will be set forth in the deed of conveyance for lots within the subdivision to adequately ensure a proper maintenance of the recreational area. The Planning Board shall approve such covenants and restrictions or require amendments or changes thereto before granting its approval. Upon approval of the covenants and restrictions, the developer shall, prior to the approval of the final subdivision plat, file a declaration with the Town Board of the Town of Riverhead that the covenants and restrictions will be a part of each deed for the lots shown on the subdivision plat.
(15)
All required improvements shall be constructed or installed to conform to the specifications of departments or districts of the Town of Riverhead.
(16)
Street jogs with center-line offsets of less than 125 feet shall be avoided.
(17)
In general, all streets shall join each other so that, for a distance of at least 100 feet, the street is approximately at right angles to the street it joins.
(18)
Grades of streets; trees; steep slopes; excavation.
(a)
The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.
(b)
Mature trees shall be preserved wherever possible. Where steep slopes are required to provide for usable lot areas, they should not exceed a slope of one on three. If, in the opinion of the Planning Board, the proposed grading may cause difficulties, a grading plan shall be prepared showing the existing grades at two-foot contours, proposed grades at two-foot contours, point elevations and arrows indicating the flow of stormwater runoff for each plot. No grading or excavation shall occur on the site without the approval of the Planning Board, which will in no instance be forthcoming prior to the acceptance of a security agreement pursuant to Subsection A(4) of this section. Topsoil shall not be removed from the site without the approval of the Planning Board. An approval to remove such topsoil will require the submission of a survey by a professional engineer showing test borings at sufficient intervals to establish that there exists an excess of topsoil over and above that amount necessary for landscaping as determined by the Planning Board. "Topsoil" shall be defined as materials meeting New York State specifications for topsoil.
[Added 3-4-1997]
(19)
Where a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(20)
The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. Underground utilities shall include electric, telephone and cable television. Water mains shall be required where necessary pursuant to Subsection B(25) herein.
[Amended 12-6-1983]
(21)
Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements of at least 20 feet in width shall be otherwise provided, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
(22)
In general, street lines within a block and deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which, for the center line of the street, shall not be less than 200 feet.
(23)
Streets.
(a)
Streets from a realty subdivision opening into highways or that portion hereinafter enumerated shall be, in general, 500 feet apart:
[1]
Wading River - Manorville Road, from Hulse Avenue to the Peconic River.
[2]
Hulse Landing Road, that portion in the Suffolk County highway system.
[3]
Fresh Pond Avenue.
[4]
Edwards Avenue, from Sound Avenue to the Long Island Railroad.
[5]
Twomey Avenue, from Sound Avenue to Manor Road.
[6]
Osborne Avenue, from Sound Avenue to Middle Road.
[7]
Horton Avenue, from Sound Avenue to Middle Road.
[8]
Roanoke Avenue, from Sound Avenue to Middle Road.
[9]
Doctor's Path, from Sound Avenue to Middle Road.
[10]
Northville Turnpike, from Sound Avenue to Doctor's Path.
[11]
Union Avenue, from Sound Avenue to Main Road.
[12]
West Lane, from Sound Avenue to Main Road.
[13]
Phillips Lane, from Sound Avenue to Church Lane.
[14]
Church Lane, from Sound Avenue to Phillips Lane.
[15]
Tuthill Avenue.
[16]
Manor Lane.
[17]
Herricks Lane.
[18]
Hulse Avenue, from the westerly boundary of the Town of Riverhead to Parker Road.
[19]
Sound Avenue, from Parker Road to the easterly boundary of the Town of Riverhead.
[20]
Parker Road, from Sound Avenue to Middle Country Road.
[21]
Riley Avenue.
[22]
Youngs Avenue.
[23]
Reeve Avenue.
[24]
Deep Hole Road.
[25]
Middle Road, from Manor Road to Harrison Avenue.
[26]
Middle Country Road, from the westerly line of the Town of Riverhead to Manor Road.
[27]
Main Road, from Doctor's Path to the easterly line of the Town of Riverhead.
[28]
Peconic Bay Boulevard.
[29]
Bay Avenue, from Main Road to Peconic Bay Boulevard.
(b)
The Board will require marginal-access streets to the streets opening onto the hereinabove set forth highways, with appropriate lot arrangements providing ingress and egress only to the marginal-access road or roads.
(24)
Streetlighting. The following specifications must be met:
[Added 12-6-1977; amended 12-6-1988; 11-6-1991]
(a)
Streetlight standards, luminaires, conduit, splice boxes, fuses and all related hardware for streetlighting systems shall be installed in all residential subdivisions.
(b)
Prior to commencement of such installation, plans of proposed lighting layouts shall be submitted to the Planning Board and subsequently forwarded to the Town Engineer for review. Plans shall be drawn to scale showing the proposed location of streetlight facilities, including Long Island Lighting Company (LILCO) power source. All plans shall be prepared by a licensed professional engineer. No work shall be commenced prior to the approval by the Planning Board and Town Engineer.
(c)
Location of lights. Lighting layouts shall be designed to provide a generally even level of illumination based on the use of seventy-watt, colonial-type, high-pressure sodium luminaires. In general, streetlights shall be installed at every street intersection and at the end of each cul-de-sac and shall be spaced approximately 150 to 200 feet apart.
(d)
General installation. All wiring, splices, conduit and workmanship shall be in accordance with the National Electrical Code and the requirements of the power company currently existing. All work on the streetlighting system shall be performed by and tested for continuity and safety by electricians licensed by the County of Suffolk. Copies of test results shall be furnished to the Town Engineer prior to release of performance bonds.[1]
(e)
Inspections. Upon commencement of the installation work, periodic inspections of the work being performed will be made by the Town. The builder shall be responsible for notifying the Town Engineer and/or streetlighting personnel, at 516-727-3200, Extension 279, 48 hours prior to the performance of any work in order to allow for daily inspections of all work being performed. Upon completion and final testing of the streetlighting installation, a final inspection will be made before the Town will accept the completed installation. An inspection notice will be provided indicating approval or disapproval of the installation.
(f)
Lighting standards. All lighting standards shall be fiberglass as in accordance with Town specifications referred to in the Attached Item No. 1.[2] Fiberglass poles shall be black or as specified by the Town. All poles shall have an overall length of 20 feet, shall be embedded four feet and shall be installed approximately 24 inches behind the curb. Luminaire mounting height shall be 16 feet. Poles shall be installed plumb and soil thoroughly tamped after installation. Wire in poles shall be copper RR-USE or XLP-USE, minimum gauge AWG No. 10.
[2]
Editor's Note: Item No. 1 is on file in the Town offices.
(g)
Luminaires. Light fixtures shall be seventy-watt, one-hundred-twenty-volt, high-pressure sodium and shall be Town and Country 100 Series by General Electric (GE). The Town of Riverhead specifications for colonial post-top luminaires is referred to in Item No. 2 attached.[3] Lamps used shall be manufactured by General Electric, Westinghouse, Sylvania, Norelco or approved equal. A photoelectric control equal to Town of Riverhead specification Item No. 5 (attached)[4] shall be provided.
(h)
Underground wiring. Wire and cable for lighting system circuitry shall be direct buried, copper, type RR-USE or XLP-USE, with a minimum gauge of AWG No. 6. Wire shall be approved, and the complete installation shall meet all requirements of the National Electric Code. All wire splicing shall be performed within approved splice boxes or within the pole at hand hole. All splices and connections shall be made using approved split bolt or compression-type connectors and shall be insulated using an approved waterproof method. Cable shall be buried 24 inches below finished grade and installed directly behind the curbing. Any and all wiring under a roadway, driveway, walkway, sidewalk or other load-bearing, paved surfaces shall be installed within one-and-one-fourth-inch galvanized rigid steel conduit. All cable terminations and splices shall be color-coded using Scotch Tape 2210 as follows: red — hot leg; white — neutral leg; green — ground.
(i)
Splice boxes. A polyethylene splice box conforming to Town of Riverhead specifications referred to in attached Item No. 3[5] must be installed at the base of each streetlight pole for splices and fuses. Splice boxes shall be installed so that the top of the installed box is at the finished grade. Splice boxes shall be located behind the curb in front of each light pole when required. Each streetlight pole and fixture shall be individually fused at the fixture using a Bussman-type HEB-AA fuseholder and a Bussman KTK fifteen-amp fuse or approved equal.
[5]
Editor's Note: Item No. 3 is on file in the Town offices.
(j)
Splices. Splices between fixtures or between transformers and splice boxes, unless specifically authorized by the Engineer, are not acceptable. Where splices are authorized and locations approved, such as at fixture connections to circuit cables, the contractor shall make a splice with an approved mechanical connector encapsulated by Scotch Tape 2210, Scotch Tape 33+, and then coated with Scotch Cote in a manner as approved by the Engineer.
(k)
Fuses. Each lighting loop shall be fused in the corresponding service box to protect and isolate each individual lighting circuit. Each service box is to contain a Bussman-type HEB-AA fuseholder and an appropriately sized Bussman KTK fuse. Each individual pole shall also contain a fuseholder and fuse to protect and isolate individual light fixtures to be located in splice box at the base of the pole.
(l)
Service boxes. A service splice box referred to above (see attached Item No. 3[6]) equal to Town of Riverhead specifications shall be installed at the point of connection to the LILCO facilities and shall contain an appropriately sized fuseholder and fuse. This installation shall meet all requirements of LILCO. Direct burial service cable shall be installed from the streetlight service splice box to LILCO service point, and a length of slack cable sufficient for LILCO to connect to their facilities shall be left coiled at the LILCO box and shall be color-coded at connection ends as follows: red — hot leg; white — neutral leg; green — ground. Service cable shall be No. 6 AWG, copper wire, type USE or approved equal. All connections to LILCO underground facilities will be performed by LILCO personnel. Each circuit shall be fused inside the service box.
[6]
Editor's Note: Item No. 3 is on file in the Town offices.
(m)
Conduit. All conduit shall be hot-dipped, one-and-one-fourth-inch inside diameter, galvanized, UL-approved, rigid steel in accordance with Town of Riverhead specification Item No. 4 attached.[7] Conduit shall be used as a wireway for circuit cables where lighting circuits pass under roadways, driveways, sidewalks or other paved load-bearing surface. Conduit shall be installed directly behind the curb where applicable or in the most direct route as specified by the Town and installed 24 inches below grade. Such conduit shall extend a minimum of six inches beyond the edge of any paved area as specified above.
[7]
Editor's Note: Item No. 4 is on file in the Town offices.
(n)
As-built drawings. Prior to final approval by the Town, dedication of roads or release of performance bond, the builder/developer is responsible to furnish the Town Engineer with two sets of as-built drawings. These drawings shall show the location of streetlights, poles, service splice boxes, conduit run and wiring circuits.
(25)
Potable water.
[Added 10-5-1982 by L.L. No. 8-1982]
(a)
The Riverhead Town Board finds that it may be necessary for a private water service and supply system to be utilized to provide an adequate supply of water for residents in a proposed major subdivision as defined herein or a multiple-dwelling unit of five or more residence units. Therefore, the following requirements shall be met when a water service and supply system is proposed for a major subdivision or multiple dwelling of five or more residence units.
(b)
Prior to Planning Board approval, detailed engineering design and specifications prepared by a licensed engineer shall be submitted by the applicant. An engineering firm shall be designated by the Town Board for review of said plan, at the applicant's expense, to determine whether such system would be compatible with services provided by the Riverhead Water District, should connection with the Riverhead Water District be necessary.
C.
Sketch plan. The sketch plan shall show the following information:
[Amended 9-20-1983]
(1)
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer or surveyor of design of sketch plan.
(3)
Tax Map numbers.
(4)
Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets.
(8)
Date, North point and scale.
(9)
The proposed lot lines, with approximate dimensions.
(10)
Street names, which shall be subject to approval by the Board.
(11)
Easements.
(12)
Approximate area of lots and total acreage of entire tract and of each building zone district within the tract.
(13)
Zoning district or districts.
(14)
Contours, if required by the Planning Board, and at intervals as specified by the Planning Board.
(15)
Key map:
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivisions indicating the dimensional relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and main intersections.
(d)
Boundary lines indicating building zone districts and any other special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(16)
The distance and location of any sewer main, water main or cable television line within 1,500 feet of any boundary of such proposed subdivision or a statement by the preparer of such map that no such facilities exist within 1,500 feet of the proposed subdivision.
(17)
Fire district.
[Added 4-15-1997]
D.
Preliminary plat. The preliminary plat shall show the following information:
(1)
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer or surveyor of design of preliminary plat.
(3)
Location of property lines, existing easements, watercourses, buildings, marshes, ponds, bulkhead lines and other essential existing features on the subdivision.
[Amended 9-20-1983]
(4)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.
(5)
The location of any existing sewers and water mains, culverts and drains and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided.
[Amended 9-20-1983]
(6)
Location, names and present widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets.
(7)
Date, North point and scale.
(8)
The proposed lot lines, with approximate dimensions.
(9)
Street names, which shall be subject to approval by the Board.
(10)
Easements.
(11)
Approximate area of lots and total acreage of the entire tract and of each building zone district within the tract.
[Amended 9-20-1983]
(12)
Contours at intervals of two feet, or less if required by the Planning Board, or at a greater interval when approved by the Planning Board; and elevations of existing roads at points of change in grade and at one-hundred-foot intervals. The datum shall be designated and the elevation of two monuments or other permanent objects shall be set forth on the plat.
(13)
Grading plan by showing proposed contours where natural contours are to be changed by more than three feet.
(14)
All data that would enable the Superintendent of Highways to determine that the rules and regulations for the dedication of a public highway in the Town of Riverhead, Suffolk County, New York, are complied with, including but not limited to cross section of highway, profile of streets, drainage facilities and storm sewers. This data or any part thereof may be shown on the preliminary plat or on a plan made a part of the preliminary plat.
(15)
Detail plan of any other improvements required by the Planning Board.
(16)
Scale of map, not more than 100 feet to the inch.
(17)
Key map:
[Amended 9-20-1983]
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and main intersections.
(d)
Boundary lines indicating building zone districts and any other special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(18)
An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter.
(19)
A letter of intent or designated stamp from the Suffolk County Department of Health Services and/or the Suffolk County Department of Environmental Control approving the methods of water supply and sewage disposal.
(20)
Fire district.
[Added 4-15-1997]
E.
Final plat.
(2)
The final plat shall show the following information:
(a)
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located.
(b)
Names and addresses of record owner, subdivider and engineer or surveyor of design of final plat.
(c)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.
(d)
Street lines, pedestrian walks, lots, reservations and easements.
(e)
Date, North point and scale.
(f)
Scale of map, not more than 100 feet to the inch.
(g)
Key map:
[Amended 9-20-1983]
[1]
Scale: one inch equals 600 feet.
[2]
One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway.
[3]
Relationship to the primary and secondary highway system and main intersections.
[4]
Boundary lines indicating building zone districts and any other special districts.
[5]
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(h)
An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter.
(i)
The length of all straight lines and radii and length of curves for each street.
(j)
The length of all lot lines.
(k)
Area of each lot in square feet (may be in tabular form).
(l)
Lots within the subdivision numbered in numerical order.
(m)
The stamp of approval from all required governmental agencies, including but not limited to the Suffolk County Department of Health Services and the Suffolk County Department of Environmental Control.
(n)
A certificate, for the use of the Secretary of the Board, on the plat as follows:
THIS IS TO CERTIFY that this subdivision map has been approved as provided by Article 16 of the Town Law. |
Date of Approval |
_______________, _______ |
Town of Riverhead Planning Board |
By Secretary |
The approval of this map does not constitute the acceptance of highways shown hereon as public roads. |
(o)
Fire district.
[Added 4-15-1997]
F.
Application and fee.
(1)
Sketch plan. A letter of application, together with the requisite number of copies of the sketch plan, shall be submitted to the Planning Board. All applications for the consideration of the sketch plan shall be accompanied by a fee of $500, plus $200 per lot for engineering fees.
[Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 3-4-1997; 12-2-2003 by L.L. No. 26-2003; 6-4-2019 by L.L. No. 16-2019]
(2)
Preliminary plat. A letter of application, together with the requisite number of copies of the preliminary plat, shall be submitted to the Planning Board. All applications for the consideration of a preliminary plat shall be accompanied by a fee of $3,500 per lot and$500 per acre or part thereof if a sketch plan has been submitted.
[Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 3-4-1997; 1-17-2007 by L.L. No. 1-2007; 11-20-2007 by L.L. No. 38-2007; 6-4-2019 by L.L. No. 16-2019]
(3)
Final plat. A letter of application, together with the requisite number of copies of the final plat, shall be submitted to the Planning Board. When an applicant applies for a final plat without first having applied for preliminary plat approval, the fee imposed shall be that set forth in Subsection F(2) above. Otherwise there shall be no additional fee for final plat approval.
[Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 12-2-2003 by L.L. No. 26-2003; 6-4-2019 by L.L. No. 16-2019]
(4)
The applicant shall erect a sign giving notice that an application to the Planning Board is pending and giving the date, time and place where the regular meeting for consideration of the application, or adjourned date, will be held. The sign will be furnished by the Town of Riverhead. It shall not be set back more than 10 feet from the property line and shall not be less than two nor more than six feet above the grade at the property line. It shall be displayed for a period of not less than seven days immediately preceding a regular meeting for consideration of the application or any adjourned date. The applicant shall file with the Planning Board an affidavit that he has complied with the provisions of this section. No application shall be considered unless such affidavit has been filed.
(5)
Engineering fee. Prior to the adoption of a final conditional approval resolution by the Planning Board, the applicant must post a fee in an amount equal to 10% of the estimated improvements, as estimated by the engineering consultant to the Planning Board, minus all engineering fees previously paid at sketch, preliminary and final plat stages. No applicant shall have any claim for the return of such fee or portion thereof.[8],[9]
[Added 12-6-1977; amended 5-16-1978; 3-4-1986; 12-29-1989; 3-4-1997; 12-2-2003 by L.L. No. 26-2003; 1-17-2007 by L.L. No. 1-2007; 11-20-2007 by L.L. No. 38-2007]
[8]
Editor's Note: Original § 108-97F(6) of the 1976 Code, concerning a fee based on estimated improvements, added 8-5-1986, which immediately followed this subsection, was repealed 12-2-2003 by L.L. No. 26-2003.
[9]
Editor's Note: Former Subsection F(6), regarding electronic records retention fees, added 4-19-2005 by L.L. No. 11-2005, which immediately followed this subsection, was repealed 5-22-2019 by L.L. No. 14-2019.
§ 301-290 Variances and waivers.
A.
Variation in case of hardship. Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this article, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan or the Zoning Ordinance, if such exist.
B.
Waiver of required improvements. Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions.
C.
Board to impose conditions. In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
§ 301-291 Industrial subdivisions.
[Added 12-6-1988]
A.
Procedure.
(1)
Sketch plans. Three alternative sketch plans shall be required to be submitted. One if the three sketch plans may be required to be a cluster development. The subdivider shall submit 10 copies of each sketch plan, clearly marked "sketch plan." The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plans, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine whether any of the sketch plans meet the purposes of this article and shall, where it deems necessary, make specific recommendations so that the subdivider or his agents may proceed with the preparation of a preliminary plat.
(2)
Preliminary plat. The subdivider shall submit 12 copies of the preliminary plat, clearly marked "preliminary plat," in accordance with the requirements herein set forth, and the Planning Board will hold a public hearing in accordance with Subdivision 5 of § 276 of the Town Law. Subsequent to the preliminary plat hearing, the Planning Board shall forward one copy of said preliminary plat to the respective fire district. The fire district shall forward comments to the Planning Board within 10 working days of referral.
[Amended 4-15-1997[1]]
(3)
Final plat. The subdivider shall submit 12 copies to the Planning Board within the time and in accordance with the requirements herein set forth and in accordance with any other applicable state law or local law, ordinance, rule, regulation or resolution.
(4)
Improvements. The subdivider shall complete, in accordance with the Board's decision and to the satisfaction of the Board and any other official or body authorized by law to act, all the improvements specified in § 277 of the Town Law and not specifically waived by the Board, or alternatively shall file with the Town Board a letter of credit complying with § 277 of the Town Law, satisfactory to the Town Board as to form, sufficiency, manner of execution, and surety, for the completion of such improvements as are not constructed.[2]
B.
General requirements. The subdivider shall observe the following general requirements and development standards of land subdivision:
(1)
In general, the proposed subdivision shall conform to the zoning use district affecting the area.
(2)
The minimum area of any parcel to be considered for subdivision for industrial purposes shall be two acres.
(3)
Each parcel of land proposed for subdivision for industrial purposes shall have a frontage of at least 300 feet on a highway. The highway shall have a right-of-way of at least 49 1/2 feet along the property line.
(4)
The subdivider may delineate, on the sketch plan, industrial blocks rather than individual lots. Said blocks may be further subdivided through subsequent application to the Planning Board for approval of a site layout. Such site layout shall include the location of the proposed lot lines, building envelope(s), conformity with the Zoning Use District Schedule, as well as Article LVI, Site Plan Review, of this chapter.
(5)
Each block within a subdivision shall have frontage on a public street, which street shall have a right-of-way of at least 55 feet.
(6)
Each lot within a subdivision and each separate ownership therein shall have frontage on, and shall have access solely from, a public street having a right-of-way of at least 55 feet. The frontage created on such a street shall be at least 200 feet. The creation of flag lots shall be prohibited.
(7)
The arrangement of streets in the subdivision shall provide for the continuation of principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided.
(8)
All highways shall be considered as standard collector roads, detailed as per the Road and Drainage Standards for the Town of Riverhead. Said roads shall be of adequate width as may be designated by the Planning Board; in no case shall the right-of-way width of any roadway or street be less than 55 feet.
(9)
Dead-end or cul-de-sac streets shall not in general exceed 800 feet in length and shall be equipped with a turnaround roadway having a minimum radius of 60 feet.
(10)
Block lengths generally shall not exceed 1,200 feet in length.
(11)
Pedestrian walks or easements for underground utilities not less than 15 feet in width may be required near the center of all blocks over 800 feet in length.
(12)
Radii at intersections shall be not less than 40 feet at the property line, and property lines shall be adjusted accordingly.
(13)
Sidelines of lots, so far as practicable, shall be at right angles or radial to street lines.
(14)
Reversed frontage of lots at street intersections shall be avoided where possible. Corner lots shall, for site layout purposes, be deemed to have two front yards.
(15)
Grades of all streets shall be the reasonable minimum, but shall not be less than 0.5% nor more than 10% for main thoroughfares or minor streets.
(16)
The Planning Board shall require that a cash impact fee on existing streets and roads be deposited with the Town Board in a special fund as required by § 277 of the Town Law. The amount to be paid shall be at the rate of $2,000 per lot, based on the yield map, in an industrial subdivision on or after December 6, 1988.[4]
(17)
All required improvements shall be constructed or installed to conform to the Road and Drainage Standards for the Town of Riverhead as well as any specifications that departments or districts of the Town may require. Drainage design shall be developed to contain stormwater runoff from the entire site, so as to minimize drainage facilities on individual lots.
(18)
Street jogs with center-line offsets of less than 200 feet shall be avoided.
(19)
In general, all streets shall join each other so that, for a distance of at least 100 feet, the street is approximately at right angles to the street it joins.
(20)
The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of the streets shall conform as closely as possible to the original topography.
(21)
The setbacks to parking areas for all lots in an industrial subdivision shall be as follows:
(22)
A buffer area of 100 feet shall be provided along the boundary of any lot or parcel within a residential zone or used for residential purposes. The screening method provided within said buffer shall be a function of the site plan review process.
(23)
Open space.
(a)
The Planning Board may require that land be reserved for open space and/or recreational purposes. The Planning Board may require that a cash payment be deposited with the Town Board in a special fund as required by § 277 of the Town Law where the Planning Board deems that land would be inadequate and unsuitable for use for open space or recreational purposes in the Industrial District.
(b)
Land reserved for open space and/or recreational purposes shall have an area of one acre per 50 acres or proportional thereto. Any parcel of land reserved for open space or recreational purposes shall have an area of at least one acre. In meeting these requirements, the Planning Board may require that the developer reserve more than one area within the subdivision for recreational purposes, but in no case shall any reserved area be of less than one acre.
(24)
Where a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land under the zoning use district designation applied thereto. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(25)
The Planning Board shall require that underground utilities be placed in the street right-of-way between the paved roadway and the street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. Underground utilities shall include electric, telephone and cable television. Water mains shall be required where necessary, pursuant to Subsection B(30) herein.
(26)
Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements of at least 15 feet in width shall be otherwise provided, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
(27)
In general, street lines within a block and deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line shall not be less than 200 feet.
(28)
Roads from an industrial subdivision opening into standard collector streets or that portion hereinafter enumerated shall be, in general, 500 feet apart:
(29)
The following streetlighting specifications must be met:
(a)
Streetlight standards, brackets and the necessary wiring for streetlighting systems shall be installed on all industrial subdivisions.
(b)
Prior to the commencement of such installation, plans of proposed lighting layouts, prepared by a licensed professional engineer, shall be submitted to the Planning Board, and no work shall be commenced prior to approval by the Planning Board.
(c)
The plans submitted, reviewed and approved shall pertain to the location and spacing of the streetlights and the location of underground cables and conduits.
(f)
All work on the streetlighting systems shall be performed by and tested by electricians licensed by the County of Suffolk.
(g)
Lighting layouts shall be designed to provide a generally even level of illumination based on the use of one-hundred-fifty-watt, colonial-type, sodium-vapor luminaires, spaced not more than 125 to 150 feet apart with a maximum twenty-foot mounting height. Approximately 10 standards per circuit is recommended for the layout.
(h)
Lighting standards shall be laminated wooden poles, fully waterproofed with adhesive as defined in Commercial Standard 253-63. Poles are to be pressure treated with pentachlorophenol in light hydrocarbon solvents to protect the wood from decay and insect damage. Treatment shall conform to American Wood Preservers' Association Standards C28-69, P8-64, P9-69. Standards shall be manufactured by Weyerhauser under Catalog No. 15S, or approved equal. A manufacturer's warranty shall be provided, guaranteeing replacement in case of decay and/or insect damage within the twenty-five-year period.
(i)
Arms and mounting brackets shall be provided and shall be as manufactured by Weyerhauser under Catalog No. A-2 or approved equal.
(j)
Wire and cable for circuitry shall be direct burial, copper, Type RR-USE or XLP-USE, with a minimum gauge of AGW No. 6.
(k)
Cable shall be buried a minimum of 18 inches below finished grade, and conduit shall be provided under all areas to be paved. Wire in poles shall be copper RR-USE or XLP-USE, minimum gauge AGW No. 12. A twelve-inch by twelve-inch concrete monument box shall be provided and installed at the base of each pole for splicing.
(30)
The Riverhead Town Board finds that it may be necessary for a private water service and supply system to be utilized to provide an adequate supply of water for an industrial subdivision as defined herein. Therefore, the following requirements shall be met when a water service and supply system is proposed for an industrial subdivision.
(a)
Prior to Planning Board approval, detailed engineering design and specifications as submitted by the applicant shall be reviewed by the Town Engineer, at the applicant's expense, to determine whether such system would be compatible with services provided by the Riverhead Water District, should connection with the Riverhead Water District be necessary.
C.
Sketch plan. The sketch plan shall show the following information:
(1)
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer or surveyor of design of sketch plan.
(3)
Tax Map number(s).
(4)
Location of property lines, existing easements, buildings, watercourses, marshes, ponds, bulkhead lines and other essential existing features on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage and the current uses of the adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts and drains, and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets.
(8)
Date, North point and scale.
(9)
The proposed lot lines or block lines, with approximate dimensions, as well as recharge area(s), buffer area(s), and recreation area(s).
(10)
Street names, which shall be subject to approval by the Board.
(11)
Easements.
(12)
Approximate area of lots or blocks, and total acreage of the entire tract and of each zoning use district within the tract.
(13)
Zoning district or districts and indication of a change in zoning district where a boundary is proximate to the parcel being subdivided.
(14)
Contours at intervals as specified by the Planning Board.
(15)
Key map:
(a)
Scale: one inch equals 1,200 feet.
(b)
One or more monuments in the subdivision indicating the dimensional relationship to an existing, established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and main intersections.
(d)
Boundary lines indicating zoning use districts and any other special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(16)
The distance and location of any sewer main, water main or cable television line within 1,500 feet of any boundary of such proposed subdivision, or a statement by the preparer of such map that no such facilities exist within 1,500 feet of the proposed subdivision.
(17)
Fire district.
[Added 4-15-1997]
D.
Preliminary plat. The preliminary plat shall show the following information:
(1)
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer or surveyor of design of preliminary plat.
(3)
Location of property lines, existing easements, watercourses, buildings, marshes, ponds, bulkhead lines and other essential existing features on the subdivision.
(4)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage and the current uses of adjacent acreage.
(5)
The location of any existing sewers and water mains, culverts and drains, and numbered utility poles on the property and on the roads or highways adjacent to the property to be subdivided.
(6)
Location, names and present widths of existing and proposed streets, highways, easements, alleys, parks and other public open spaces and similar facts regarding the property and the width of abutting streets.
(7)
Date, North point and scale.
(8)
The proposed block or lot lines with approximate dimensions.
(9)
Street names, which shall be subject to approval by the Board.
(10)
Easements.
(11)
Approximate area of lots and total acreage of the entire tract and of each zoning use district within the tract.
(12)
Contours at intervals of two feet, or less if required by the Planning Board, or at a greater interval when approved by the Planning Board; and elevations of existing roads at points of change in grade and at one-hundred-foot intervals. The datum shall be designated and the elevation of two monuments or other permanent objects shall be set forth on the plat.
(13)
Grading plan by showing proposed contours where natural contours are to be changed by more than three feet.
(14)
All data that would enable the Superintendent of Highways to determine that the rules and regulations for the dedication of a public highway in the Town of Riverhead, Suffolk County, New York, are complied with, including but not limited to cross section of highway, profile of streets, drainage facilities and storm sewers. This data, or any part thereof, may be shown on the preliminary plat or on a plan made a part of the preliminary plat.
(15)
Detail plan of any other improvements required by the Planning Board.
(16)
Scale of map, not more than 100 feet to the inch.
(17)
Key map:
(a)
Scale. One inch equals 1,200 feet.
(b)
One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and main intersections.
(d)
Boundary lines indicating zoning use districts and any other special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(18)
An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter.
(19)
A letter of intent or designated stamp from the Suffolk County Department of Health Services and/or the Suffolk County Department of Environmental Control, approving the methods of water supply and sewage disposal.
(20)
Fire district.
[Added 4-15-1997]
E.
Final plat. The final plat shall be prepared in accordance with § 335 of the Real Property Law and shall show the following information:
(1)
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer or surveyor of design of the final plat.
(3)
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.
(4)
Street lines, pedestrian walks, lots, blocks, reservations and easements.
(5)
Date, North point and scale.
(6)
Scale of map, at not less than 100 feet to the inch.
(7)
Key map:
(a)
Scale. One inch equals 1,200 feet.
(b)
One or more monuments in the subdivision indicating the dimensional relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and main intersections.
(d)
Boundary lines indicating zoning use districts and any other special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions on the subdivision and within 500 feet of its boundaries.
(8)
An actual survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances. The bearings shall be referenced to the north as established in the New York State coordinate system, and a coordinate referenced to the New York State coordinate system shall be set forth for a definite angle point in the perimeter.
(9)
The length of all straight lines and radii and length of curves for each street.
(10)
The length of all lot lines.
(11)
The area of each lot in square feet (may be in tabular form).
(12)
Lots within the subdivision, numbered in numerical order.
(13)
The stamp of approval from all required governmental agencies, including but not limited to the Suffolk County Department of Health Services and the Suffolk County Department of Environmental Control.
(14)
A certificate, for the use of the Secretary of the Planning Board, on the plat as follows:
THIS IS TO CERTIFY that this subdivision map has been approved as provided by Article 16 of the Town Law. |
Date of Approval |
_______________, _____ |
Town of Riverhead Planning Board |
By Secretary |
The approval of this map does not constitute the acceptance of highways shown hereon as public roads. |
(15)
Fire district.
[Added 4-15-1997]
F.
Application and fee.
[Amended 12-29-1989; 6-4-2019 by L.L. No. 16-2019]
(1)
Sketch plan. A letter of application, together with the requisite number of copies of the sketch plan, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at that meeting. All applications for the consideration of the sketch plan shall be accompanied by a fee of $500, plus $200 per lot.
(2)
Preliminary plat. A letter of application, together with the requisite number of copies of the sketch plan, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at such meeting. All applications for the consideration of a preliminary plat shall be accompanied by a fee of $20 per acre or part thereof in the proposed subdivision or $500, whichever is greater, if a sketch plan has been submitted. In the event that a sketch plan has not been submitted for consideration by the Planning Board, applications for preliminary plat consideration shall be accompanied by a fee of $500, plus $200 per lot, plus the aforementioned preliminary plat fee of $500 or $20 per acre, whichever is greater.
(3)
Final plat. A letter of application, together with the requisite number of copies of the final plat, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at that meeting. The fee for final subdivision shall be waived, unless a subdivider submits the final plat together with the data required for the preliminary plat, in which case the application shall be accompanied by a fee as established in Subsection F(2) of this section.
(4)
The applicant shall erect a sign giving notice that an application to the Planning Board is pending and giving the date or adjourned date, time and place where the regular meeting for consideration of the application will be held. The sign will be furnished by the Town of Riverhead. It shall not be set back more than 10 feet from the property line and shall not be less than two nor more than six feet above the grade at the property line. It shall be displayed for a period of not less than seven days immediately preceding a regular meeting for consideration of the application or any adjourned date. The applicant shall file with the Planning Board an affidavit that he has complied with the provisions of this section. No application shall be considered unless such affidavit has been filed.
(5)
Engineering fee. Prior to final subdivision being granted, the applicant must post engineering fees in the amount of $500 per lot, or per potential lot based on the maximum number thereof, to cover any potential expense to the Town for engineering services, as follows: $250 at the time of the submission of the preliminary plat and $250 at the time of the submission of the final plat. The Planning Board may waive all or part of said fee where the Planning Board determines that no additional engineering services are required. No applicant shall have any claim for the return of such fee or portion thereof.
(6)
No final industrial subdivision plat shall be signed by the Chairman of the Planning Board until a fee equal to an amount of 5% of the total cost of the estimated improvements, as estimated by the engineering consultant of the Planning Board, shall be paid to the Town of Riverhead. Such fee shall be diminished in an amount equal to all engineering fees previously paid, pursuant to Subsection F(5) hereinabove.
§ 301-292 Water main construction.
[Added 7-19-2005 by L.L. No. 40-2005]
For all subdivisions, a fee must be posted for the construction of the requisite water mains and hydrants prior to receiving a foundation permit. The fee shall be determined by the Planning Department based on cost estimates. In order to receive a building permit, water main construction for the subdivision must be certified complete according to Planning Department requirements, and mains and hydrants must be charged and capable of providing water in the case of a fire emergency.
§ 301-293 Purpose and intent.
It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils, scenic vistas, and significant natural features.
§ 301-294 Adoption of statutory provisions; grant of authority.
The Town Board of the Town of Riverhead hereby elects to adopt the provisions of § 278 and to exercise the powers granted by § 278 of the Town Law and hereby grants to the Planning Board of the Town of Riverhead appropriate authority as set forth in this article.
§ 301-295 Applicability. [1]
§ 301-296 Yield plan and cluster plat requirements.
B.
In its review of a cluster subdivision plat, the Planning Board shall consider the following:[2]
(1)
The location and extent of prime agricultural soils;
(2)
The location of wooded areas;
(3)
The location and extent of natural features;
(4)
The general topography and the location and extent of sloped areas;
(5)
The spatial relationship of the property to contiguous or neighboring preserved agricultural land;
(6)
The general stormwater tributary area and the extent and direction of overland drainage.
C.
The cluster subdivision plat must locate and arrange the residential lots so as to accomplish the following:
(1)
Protect, to the maximum extent practicable, that portion of the tract preserved for agricultural use.
(2)
Reduce, to the maximum extent practicable, any nuisance or conflict between residential and agricultural uses, both within the tract and in relation to adjoining and nearby tracts.
(3)
Demonstrate compatibility of the cluster plat with existing residential development and agricultural land uses.
(4)
Demonstrate the ways in which scenic vistas are being considered or enhanced and shall depict a lot arrangement which has considered the visual impact of residential development upon such vistas.
(5)
Remain harmonious with and protect during construction, to the maximum extent practicable, the natural environment, minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code.
D.
The agricultural lots of a cluster subdivision plat must be so laid out as to provide for a minimum lot size of 10 acres, a minimum building area of one acre, contiguity with existing agricultural tracts, bounding of prime agricultural soils and retention of all stormwater runoff.
E.
Cluster development shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots and the recording of agricultural easements, except that the Planning Board may approve a cluster subdivision with a lower percentage of preserved prime agricultural soils in order to ensure appropriate arrangement of lots, streets, and public facilities.
F.
In the event that the Planning Board approves a cluster plat that preserves less than 70% of the prime agricultural soils, the reasons supporting such decision shall be set forth within the resolution approving the preliminary plat. The Planning Board shall not approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open space areas.
G.
The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features to the greatest extent practicable.[3]
§ 301-297 Dedication and maintenance of open space.
A.
The application of the procedure prescribed by this article shall result in a plat showing lands available for park, recreation, open space or municipal purposes directly related to the plat. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The open space created by the use of the provisions of this article must be clearly labeled on the subdivision map as to its use and the rights of the owners in the subdivision, as well as whether it is to be dedicated ultimately to the Town or other governmental body or to an approved private or conservation corporation or to a property owners' association or otherwise under conditions meeting with Planning Board approval. The details as to use and ownership of such open space are further to be set out in a declaration recorded by the owner or other appropriate instrument. Such open space is to be preserved in perpetuity, and the Planning Board may require an open space easement running to the Town as a condition of approval.
B.
If said lands are to be offered for dedication to the Town, the Town Board may require that such conditions shall be approved by the Town Board before said plan shall be approved for filing. All or portions of open space may be dedicated to the Town or some other municipal corporation.
C.
If the open space is not to be dedicated to the Town or other governmental authority or to an approved private or conservation corporation, the applicant, simultaneously with the filing of the map, must either create a property owners' association or neighborhood corporation embracing all property owners within the map and providing for adequate annual contributions for maintenance of said open space or otherwise satisfy the Planning Board with regard to the maintenance of said open space.
D.
The following must be adhered to if a property owners' association is created:
(1)
The property owners' association must be set up before the lots are sold.
(2)
Membership must be mandatory for each lot buyer and any successive buyer.
(3)
The open space restrictions must be in perpetuity, not just for a given period of years.
(4)
The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
(5)
Property owners must pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property.
(6)
The association must be able to adjust the assessment to meet changed needs.
§ 301-298 Screening and landscaping.
In addition to any screening and landscaping requirements contained in existing rules and regulations of the Planning Board, the Planning Board may require additional screening and planting in order to lessen the impact of the open space zone on adjacent properties.
§ 301-299 Filing of subdivision map.
In addition to the other Planning Board requirements for final maps, upon final approval of a change of zone by the Town Board and final approval of the subdivision application by the Planning Board, the applicant shall file the subdivision map in the office of the County Clerk, which map shall contain thereon a statement that the subdivision has been approved pursuant to the provisions of this article, the number and type of units which can be erected thereon, the areas in which said units may be constructed and the areas which are to remain open space and under what conditions.
§ 301-300 Submission of subdivision plan.
Before any lot is formed from part of a lot, the owner thereof shall submit the proposed separation or subdivision plan to the Planning Board, in duplicate, for its approval and determination as to whether same constitutes a subdivision. Such proposed plan shall show the location of property lines, buildings and other existing features; location of the lot with reference to existing streets, easements or rights-of-way; the location, area and dimensions of each of the proposed new lots; and other adjoining lands, if any, to which the owner now has or previously had an interest, directly or indirectly.
§ 301-301 Issuance of permits or certificates.
No building permit, certificate of occupancy or certificate of existing use shall be issued where a new lot proposed to be formed will cause or create a violation of any provision of this chapter, rule or decision of the Planning Board or any other statute, law, code or ordinance applicable to such premises or any existing or new improvement associated therewith.
§ 301-302 Purpose.
Pursuant to the provisions of Town Law § 274-a, it is the purpose of this article to standardize requirements for site plan application and review, so as to assure that the design and layout of particular land uses on a lot, whether such use is a permitted, special permit or accessory use, will ensure the public health, safety and welfare, will be compatible with certain natural and human-made features on and off the lot and will, in all cases, comply with the letter and spirit of those provisions of this Code which pertain to such design or layout and of those provisions pertaining to the use itself. Further, it is the intention of this article to promote a well-planned community through the proper arrangement of parking areas, means of access, screening, signs, landscaping, architectural features, location and dimension of buildings and physical features of the parcels to be improved.
§ 301-303 General requirements.
A.
Authorization.
[Amended 11-21-2006 by L.L. No. 48-2006; 11-15-2016 by L.L. No. 36-2016]
(1)
The Town Board hereby authorizes the Planning Board pursuant to § 274-a of the Town Law, to review and approve, approve with modifications, or disapprove site plans for the activities and land uses listed herein except for site plans for the following, which shall be reviewed, approved, approved with modifications, or disapproved by the Town Board:
(a)
Site plan petitions upon real property within urban renewal designated areas pursuant to Article 15 of the General Municipal Law;
(b)
Site plans that have already been referred to the Suffolk County Planning Commission pursuant to General Municipal Law § 239-m as of the date of adoption of this subsection;
(c)
Site plan applications for properties located within the Hospital (H) Zoning Use District.
(2)
To the extent the Town Board continues as the agency reviewing site plans pursuant to this article, references to the "Planning Board" in connection with site plan reviews shall be interpreted to mean the "Town Board."
B.
Land clearing. No person shall undertake or carry out any such activity or use, including without limitation any grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained site plan approval therefor, pursuant to the provisions of this article, posting a performance bond provided for herein and securing a land clearing permit pursuant to Chapter 217, Buildings, Building Construction and Improvements and Housing Standards, Parts 1 and 2, and/or a permit pursuant to Chapter 229, Articles I and II. Any landowner found guilty of violating this article shall be fined at the rate of $1,000 per day from the day of discovery of the incident until an approved restoration plan is enacted.
[Amended 7-16-2013 by L.L. No. 11-2013]
C.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 275, Article I, Stormwater Management, of the Code of the Town of Riverhead, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 275, Article I, Stormwater Management, of the Code of the Town of Riverhead. The approved site plan shall be consistent with the provisions of the Code. Land development/redevelopment activity, as the term is defined in Chapter 275, Article I, Stormwater Management, § 275-2, of the Code of the Town of Riverhead, is expressly prohibited absent submission of a stormwater pollution prevention plan and approval by the Town of Riverhead's Stormwater Management Officer.
[Added 12-18-2007 by L.L. No. 43-2007; amended 12-16-2008 by L.L. No. 51-2008]
D.
Permits. No building permit or land clearing permit as required by Chapter 217, Buildings, Building Construction and Improvements and Housing Standards, Parts 1 and 2, of the Code of the Town of Riverhead, required for any such activity, including, without limitation, grading, clearing, cutting and filling, excavating or tree removal associated therewith, or the erection, construction, alteration, demolition or moving of any structure, shall be issued until the required site plan approval shall have been granted, and the approved site plan thereafter shall have been signed by a majority of the Planning Board.
[Amended 11-21-2006 by L.L. No. 48-2006]
E.
Certificates of occupancy. No certificate of occupancy shall be issued until all requirements and conditions of the site plan approval have been implemented and an as-built survey, including without limitation the location of all buildings, structures, curb cuts, and other required improvements (e.g., berms, buffer areas), has been submitted to the Town Building and Planning Administrator or the Chief Building Inspector. Any significant change to the approved site plan or elevations that affects the physical character of the building(s) and/or the site, in the absence of an approved amended site plan reflecting said changes, shall cause the certificate of occupancy to be withheld until such change is approved by the Planning Board. The Town Building and Planning Administrator or the Chief Building Inspector shall determine the significance of any such change.
[Amended 11-21-2016 by L.L. No. 48-2006; 11-1-2016 by L.L. No. 33-2016]
F.
Expiration. Site plan approval shall remain in effect for 36 months. In the event that the applicant has not obtained a valid building permit within said thirty-six-month period, the Board approving the site plan may grant one twelve-month extension of site plan approval, upon the request of the applicant made at least 30 days prior to the expiration of the original thirty-six-month period. This section shall also apply to site plans which have been approved but which have not obtained a building permit prior to the date of adoption of this section.
[Amended 11-21-2006 by L.L. No. 48-2006; 4-4-2007 by L.L. No. 9-2007]
G.
Penalties for violation of approved site plan.
[Added 2-4-2003 by L.L. No. 1-2003]
(1)
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any real property, building or structure or portion thereof in violation of the approved site plan.
(2)
For any and every violation of the approved site plan, the owner or general agent of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation of approved site plan has been committed or shall exist, and any builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in any such violation of an approved site plan, shall, upon conviction thereof, be liable to a fine or penalty not exceeding $1,000 for each and every violation. Each day that such violation continues shall constitute a separate and distinct violation of the approved site plan.
§ 301-304 Review and approval required.
[Amended 9-6-2006 by L.L. No. 36-2006; 11-21-2006 by L.L. No. 48-2006]
The following shall be subject to site plan review and require site plan approval by the Planning Board:
A.
Single-family residence or agricultural districts:
(1)
Except as otherwise provided, any use other than single-family residential or agricultural and its attendant accessory uses. However, temporary and permanent greenhouses will require site plan review and approval.
(2)
Any grading, clearing, cutting and filling, excavating or tree removal associated therewith of a lot or land sufficient in size to require a building permit under § 301-317 of this chapter, unless said work is a necessary and integral part of another activity, such as single-family residence construction, for which a building permit has been issued and which does not itself require site plan approval.
(3)
Any multiple residence or apartments to be constructed pursuant to any section of this chapter.
(4)
With respect to any existing, nonconforming commercial or industrial use, any activity, change or use requiring a building permit, a special permit or a variance hereunder, provided that all other needed prior approvals for the activity have first been obtained.
B.
All other districts:
(1)
Any grading, clearing, cutting and filling, excavating or tree removal associated therewith.
(2)
Any conversion, alteration, addition or repair of an existing land use or structure which requires a building permit and:
(3)
Except as otherwise provided, site plan review and approval shall specifically not be required for:
(a)
Single-family residential and uses accessory thereto.
(b)
Agriculture and uses accessory thereto; however, permanent greenhouses to be used for retail sales will require site plan review and approval.
(c)
Any grading, clearing, cutting and filling, excavating or tree removal associated therewith, necessary to single-family residence construction commenced upon issuance of a building permit for said construction.
(e)
Signs.
(f)
De minimis alterations as determined by the Planning Department and the Building Department. "De minimis" shall be limited to the carrying out for the maintenance, improvement or other alteration of any building which does not materially affect the external appearance of the building or site, i.e., replacement of doors, windows and the like.
[Amended 10-21-2008 by L.L. No. 40-2008]
(g)
Existing commercial buildings with floor areas of no greater than 4,000 square feet shall not require formal site plan review by the appropriate board. However, such commercial buildings shall be subject to informal review by the Planning Department and shall be required to comply with all statutory provisions set forth in this article, including but not limited to parking, landscaping, handicapped access and lighting. The informal site plan review fee shall be charged at a rate of 50% of the site plan review fee charged pursuant to § 301-305G of this chapter. Upon a determination of compliance by the Planning Department as set forth herein and transmitted to the Planning Board in writing, the Planning Board shall adopt a resolution approving the application.
[Added 3-6-2007 by L.L. No. 6-2007]
[1]
Statutory authority/supersession. Subsection B(3)(g) is adopted pursuant to Municipal Home Rule and the State Environmental Quality Review Act and its implementing regulations. It expressly supersedes any provisions of the Town Code of the Town of Riverhead and §§ 267, 267-a, 267-b, 267-c, 274-a, 274-b and 276 of the Town Law of the State of New York. In particular, Subsection B(3)(g) shall supersede and suspend those provisions of the Town Code and New York State law which require the Planning Board to accept, process and approve site plan applications within certain statutory periods. In addition, Subsection B(3)(g) shall supersede and suspend those provisions of the Town Code of the Town of Riverhead as well as the Town Law of the State of New York which require the Town Board to accept, process and approve site plans.
C.
In every district: any activity or use made subject to site plan review as a condition of any permission or approval granted by any local agency.
D.
Park and playground sites.
[Added 2-21-2007 by L.L. No. 3-2007; amended 12-20-2011 by L.L. No. 26-2011; 2-6-2024 by L.L. No. 6-2024]
(1)
Legislative findings. The Town Board finds that the construction of dwelling units and/or conversion of nonresidential building space to dwelling units places a burden upon the Town's park and recreation facilities. New York State Town Law §§ 274-a, Subdivision 6, and 277, Subdivision 4, authorize a local requirement that developers of dwelling units set aside parkland or pay a fee in lieu thereof to provide funds for the acquisition and improvement of park and recreational facilities within a reasonable distance and within or proximate to the neighborhood to the proposed construction of residential dwelling units. Notwithstanding the above, the Town Board finds and determines that the following park and recreational facilities, be it due to its size, unique location or wide range of or offer of different improvements attracting and utilized by the entire community, also described as flagship parks, are in all respects neighborhood facilities available to all residents of the Town: Veterans Memorial Park, Stotzky Park, Police Officers Memorial Park, Wading River Beach, Iron Pier Beach, and South Jamesport Beach. In order to manage residential development consistent with Town's Comprehensive Plan and its recreational component, Recreation Department's Master Plan, and recommendations and reports of the Recreation Advisory Committee, the Town Board finds it necessary to empower the Planning Board, or the Town Board as the case may be, to review residential land use for the adequacy of future park and recreational uses.
(2)
The Planning Board may require that land be reserved for park, playground or other recreational purposes. The Planning Board may require that a cash payment be deposited with the Planning Board in a special fund as required by § 274-a, Subdivision 6, of the Town Law where the Planning Board deems that the reservation of land would be inadequate and unsuitable for use as a park, playground or other recreational purposes.
(3)
Land reserved for recreational purposes shall have an area of five acres for each 100 units (5%) shown on the plan, or proportional thereto. Any parcel of land reserved for recreational purposes shall have an area of at least one acre. In meeting these requirements, the Planning Board may require or the developer may reserve more than one acre within the site plan for park, playground or recreational purposes, but in no case shall any reserved area be of less than one acre.
(4)
The Planning Board may require the developer to grade such park site in a manner appropriate for its projected use and compatible with its surroundings. Where such park site incorporates a unique natural feature or a landmark, the developer shall be responsible for the protection of such feature or landmark from any destructive action during the course of the plat development.
(5)
In cases where the Planning Board makes a finding as set forth herein that the proposed site plan presents a proper case for requiring a park, but the Planning Board determines that a suitable park site of adequate size cannot be properly located within the site plan, in whole or in part, the developer shall be required to pay a park fee in the sum of $5,000 per residential unit to the Town.
(6)
The applicant may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. The fee of $5,000 per residential unit shall be due at the time of approval of final residential site plan and prior to signature of site plan plat, effective immediately. The Town shall deposit the fee in a trust and agency account and withdraw the applicable fee upon issuance of each building permit. Notwithstanding the above, the balance shall be payable in full upon the second anniversary date from date of payment or date certificate of deposit or passbook was deposited and shall be withdrawn from such account. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The amended fee of $5,000 shall apply to all subdivisions which receive final plat approval after the effective date of this Subsection D(6). Note that a developer may make application for a refund of fees within 180 days from the date of payment of fee or issuance of building permit, whichever is sooner, provided that no construction has commenced related to any such building permit(s) and affidavit of withdrawal and forfeiture of all approvals, waiver of return of or reimbursement of all costs and fees related to said site plan application and processes.
§ 301-305 Application procedure; fees.
[Amended 12-2-2003 by L.L. No. 26-2003; 4-19-2005 by L.L. No. 10-2005; 4-19-2005 by L.L. No. 11-2005; 11-21-2006 by L.L. No. 48-2006; 11-7-2007 by L.L. No. 33-2007; 12-6-2011 by L.L. No. 24-2011; 11-5-2014 by L.L. No. 17-2014; 11-1-2016 by L.L. No. 33-2016; 5-16-2018 by L.L. No. 11-2018; 8-21-2018 by L.L. No. 17-2018; 10-2-2019 by L.L. No. 19-2019; 6-2-2021 by L.L. No. 2-2021; 5-18-2022 by L.L. No. 4-2022; 3-22-2023 by L.L. No. 4-2023; 4-1-2025 by L.L. No. 12-2025]
A.
Presubmission conference. Prior to the submission of a site plan application, the applicant and/or his agent may meet with the Planning Department to determine Zoning Code compliance, general engineering suitability and aesthetic compatibility. Said review shall be a process between the Planning Department staff and the project designer(s), with no time limitation or fee imposed. Plans shall include such drawings as shall clearly represent those structural, topographical and design features that the Town would require to evaluate the proposed construction, addition, reconstruction or alteration. The anticipated result of the preliminary review shall be a preliminary site plan which shall be acceptable for formal application and review. The presubmission conference shall be open to the public.
B.
Preliminary site plan application.
(1)
Subsequent to the presubmission conference, an application for preliminary site plan approval shall be made on the form for the same provided by the Planning Department. Ten copies, plus additional copies as may be required by other levels of government with jurisdiction over the site, of the application, a current survey prepared by a licensed surveyor, the site plan (if separate from the survey) and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Planning Department.
(2)
A preliminary site plan shall conform to the requirements set forth in Subsection D(4) of this section and §§ 301 through 306 of this chapter.
(3)
Within 10 days of receipt of the preliminary site plan application, the Planning Department shall determine whether or not the application is complete. The Planning Department shall reject any preliminary site plan application if it is not so complete or in conformance and shall notify the applicant, in writing, as to the reason for such rejection. The applicant may address all identified issues, be it incomplete or failing to conform to site plan submission requirements, and supplement the original preliminary site plan application within six months. If an applicant fails to address all identified issues within a six-month period from notification from the Planning Department, the application shall automatically be deemed abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to review, approve or deny a site plan application, and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator or the Chief Building Inspector shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator or the Chief Building Inspector's intent to deem the application abandoned. Upon a determination that a preliminary site plan application is complete, the Planning Department shall notify the applicant, in writing, of such determination and require the applicant to submit such additional copies of the preliminary site plan required by the Planning Department to accomplish the referrals of the proposal to the agencies listed in Subsection B(4)(a) through (p) of this section as it deems appropriate.
(4)
Planning Department review. Upon determining that a preliminary site plan application is complete, the Planning Department shall retain one copy of the preliminary site plan submission and prepare a draft preliminary site plan staff report within 30 days of the determination that a site plan is complete. In addition, the Planning Department shall distribute the additional copies to the departments and agencies set forth in Subsection B(4)(a) through (p) below with a request to review and provide written comment within 30 days from mailing or electronic distribution:
(a)
An electronic copy to the office of the Supervisor.
(b)
The Building Department, as appropriate.
(c)
The Town Attorney, as appropriate.
(d)
The Town's consulting engineer, as appropriate.
(e)
One copy each to the Highway Superintendent, Sewer District Superintendent and/or Water District Superintendent, as appropriate.
(f)
The Fire Marshal.
(g)
The applicable fire district.
(h)
The Architectural Review Board, as appropriate.
(i)
The Landmark Preservation Committee, as appropriate.
(j)
The Handicapped Advisory Committee, as appropriate
(k)
The Town Engineer, as appropriate.
(l)
The New York State Department of Transportation, as appropriate.
(m)
The Suffolk County Department of Public Works, as appropriate.
(n)
The Central Pine Barrens Commission, as appropriate.
(o)
The Suffolk County Planning Commission, as appropriate.
(p)
An appropriate number of copies to any other appropriate governmental agency or Town department.
(5)
Based on its review and review of comments of departments and agencies referenced in Subsection B(4)(a) through (p), the Planning Department shall make a determination as to whether the preliminary site plan is acceptable for review by the appropriate reviewing board as set forth in this Code. A site plan shall be acceptable for board review when the proposed site plan contains all the information necessary for the reviewing board to undertake a review and all the information depicted in the site plan is accurate. If the Planning Department determines that the preliminary site plan is not acceptable for board review, it shall request that the applicant modify the preliminary site plan in accordance with the written report. If the Planning Department determines that the preliminary site plan is acceptable for board review, it shall finalize all comments in a preliminary report to be provided to the reviewing board and place the preliminary site plan on the reviewing board's public hearing agenda for presentation by the applicant to the reviewing board.
(6)
Public hearing.
(a)
Upon a determination that a preliminary site plan is acceptable for board review, the reviewing board shall hold a public hearing to consider the application.
(b)
The Planning Department shall cause notice of such hearing to be made by publication at least 10 days prior to such hearing in the official newspaper of the Town.
(c)
The applicant shall erect or cause to be erected a sign, which shall be displayed on the parcel upon which the site plan application is made, facing each public street to which the property abuts, giving notice that an application has been made to the Town of Riverhead Town Board or the Town of Riverhead Planning Board, as appropriate, for preliminary site plan approval, along with the time and place of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign shall be furnished by the Planning Department and shall be the only sign to be used. The sign shall be displayed not less than 10 days immediately preceding the public hearing or any adjournment date. The applicant shall file an affidavit with the Planning Department that he/she has complied with the provisions of this section prior to the opening of the public hearing.
(d)
In addition, the applicant shall mail notice of the public hearing date, at least 10 days prior thereto, to every property owner, as shown on the current Town of Riverhead assessment rolls, of parcels within 200 feet of the borders of the property which is the subject of the public hearing. Such notice shall be by either certified or registered mail, return receipt requested. Proof of such notice shall consist of a copy of the assessment roles, the return receipts, and an affidavit attesting to compliance with this mailing notification. Such proof shall be submitted to the Planning Department prior to the public hearing. No additional mailing shall be required for an adjournment.
(e)
At the public hearing, the applicant shall present the preliminary site plan to the reviewing board. The reviewing board shall review the preliminary site plan application, the Planning Department written report and comments from any other agencies and receive comments from the public. The reviewing board shall receive written comments for 10 days following the close of the public hearing. Written comments shall be sent by United States mail or delivery service or shall be hand delivered to the Town Clerk.
(f)
In the event a preliminary site plan application is denied, the applicant may revise and resubmit the preliminary site plan or withdraw the application within six months from the date of denial. If an applicant fails to revise and resubmit the preliminary site plan or withdraw the application within six months from the date of denial, the Planning Department shall deem the site plan application abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to review, approve or deny a site plan application, and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator, or his or her designee, shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator's, or his or her designee's, intent to deem the application abandoned.
(7)
Decision on preliminary site plan application.
(a)
Based upon its review of the preliminary site plan application and such recommendations as it may receive from the Planning Department and other agencies and departments, and comments from the public, the reviewing board shall accept, accept with modifications or deny the preliminary site plan application.
(b)
The preliminary site plan approval shall be valid for one year from the date of approval.
(c)
Upon written request by the applicant and prior to the expiration set forth in § 301-305B(7)(b) above, the preliminary site plan approval may be extended for an additional six-month period of time after due consideration by the reviewing board. No more than two six-month extensions shall be granted by the reviewing board. If an applicant fails to apply for final site plan review and approval within one year of preliminary site plan approval or, to the extent granted by the reviewing board, within the two six-month extension period(s), the Planning Department shall deem the site plan application abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to review, approve or deny a site plan application, and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator, or his or her designee, or the Chief Building Inspector shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator's, or his or her designee's, or the Chief Building Inspector's intent to deem the application abandoned. The request for an extension of preliminary site plan approval shall be accompanied by $250.
C.
Final site plan review and approval.
(1)
Upon approval of a preliminary site plan by the reviewing board, or in the event the applicant elects to proceed with a denied preliminary site plan, the applicant shall prepare and submit a final site plan to the Planning Department.
(2)
An application for final site plan approval shall be made on the form prescribed by the Planning Department. Similar to the preliminary site plan process, the Planning Department shall require 14 copies, plus additional copies as may be required by other levels of government with jurisdiction over the site, of the application, and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Planning Department. The Planning Department shall determine if it is appropriate to send notice and the final site plan to the departments and agencies set forth in Subsection B(4) above.
(3)
Within 30 days of receipt of a final site plan, the Planning Department shall reject any application if it is not so complete or in conformance and shall notify the applicant as to the reason for such rejection. The applicant may address all identified issues, be it incomplete or failing to conform to site plan submission requirements, and supplement the original final site plan application within six months. If an applicant fails to address all identified issues within a six-month period from notification from the Planning Department that the final site plan application is incomplete, the Planning Department, on behalf of the Board vested with authority to review, approve or deny a final site plan, shall automatically deem the final site plan application abandoned such that no further action shall be taken by the Planning Department and/or any such other board vested with authority to review, approve or deny the final site plan and, in such event that an application is abandoned, the Planning Department may dispose of and discard all documents, submissions and applications related to said application. The Town Building and Planning Administrator or the Chief Building Inspector shall provide written notice 30 days prior to expiration of the six-month period referenced above to the applicant informing said applicant of the Town Building and Planning Administrator's, or his or her designee's, or the Chief Building Inspector's intent to deem the application abandoned.
(4)
The site plan shall be drawn to the following minimum scales:
(5)
The Planning Department will, upon review and receipt of comments from those named herein, initiate any amendments or revisions to the final site plan, or its component parts, through discussion with the applicant or his or her representative, in accordance with the Town Code of the Town of Riverhead and the aesthetic standards desired by the Architectural Review Board. The Planning Department will then recommend approval, approval with modifications, or disapproval, in a timely fashion, such that within 62 days of receipt of said completed application by the Town Clerk the appropriate reviewing board shall approve, approve with modifications, or disapprove said final site plan and shall state its reason(s) for modifications or disapproval. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the reviewing board.
(6)
Inactive site plan applications. Site plan applications which remain incomplete and/or for which the applicant initiates no activity for a period in excess of one year may be deemed withdrawn by the Town Building and Planning Administrator or the Chief Building Inspector, provided that at least 30 days' prior written notice is given to the applicant informing said applicant of the Town Building and Planning Administrator or the Chief Building Inspector's intent to deem the application withdrawn. If an application is inactive for more than two years, it shall be deemed withdrawn.
D.
The Building Department shall not issue a building permit for any site improvements for which the required applicable board site plan approval has not been secured. In the event that the applicable board requires modifications and the applicant agrees to same, the Building Department may thereupon issue a permit conforming to such modified plan without further submission to the applicable board.
E.
Revisions to a site plan or to elevations which significantly change the character or appearance of the project or which occur after the issuance of a building permit, certificate of occupancy or certificate of compliance shall require site plan approval, as applicable, and shall be charged accordingly.
F.
Inspections.
(1)
Subsequent to site plan approval and the issuance of a building permit, it is the obligation of the applicant to arrange for site plan inspections by filling out a site plan inspection form and providing the required fee upon the installation or construction of each of the following:
(a)
Drainage improvements prior to backfill.
(b)
Grading and site improvements prior to the first lift of paving.
(c)
Post-construction prior to the issuance of a certificate of occupancy and/or certificate of compliance, as appropriate. After first lift of paving.
(d)
Post-construction prior to the issuance of a certificate of occupancy and/or certificate of compliance, as appropriate.
(2)
An inspection fee of $250 per inspection must be paid prior to each inspection and/or reinspection.
G.
Fees.
(1)
The applicant shall submit 75% of the review fee set forth in Subsection G(2) of this section with the preliminary site plan application. The remainder of the review fee shall be submitted with the application for final site plan approval. An application for preliminary site plan approval and/or final site plan approval shall not be deemed complete until all fees are paid.
(2)
For each site plan application submitted to the Planning Department under the provisions of this chapter, the review fee shall be $500, plus $0.10 per square foot of site improvements and/or altered area, whichever is greater, or $500, plus $0.10 per square foot of gross floor area (cumulative total of all floors) or altered land area, whichever is greater. The fee to review an application to amend a previously approved site plan shall be $500. In no instance shall a site plan review exceed $30,000, except and exclusive of fees described in Subsection G(3) below. For either a preliminary site plan application or final site plan application to be deemed complete, the appropriate fee must be paid. No review of a preliminary site plan or final site plan shall be undertaken until the appropriate fee is paid.
(3)
In addition to the above required fee, the Planning Board and/or Town Board, as the case may be, may require the payment of out-of-pocket expenses incurred by the Town in studies and/or by retainer of expert advisors related to review, hearing and determination of such application. To impose such additional fee, the Planning Department on behalf of the Planning Board or Town Board must provide the applicant with written notice of its intent to conduct such studies and/or retain expert advisors. Said notice shall describe the need, scope and cost estimate of the work to be completed. All fees related to costs for preparing or review of draft or final environmental impact statements shall comply with 6 NYCRR 617.13.
(4)
If any land clearing, site work or building construction or alteration is commenced prior to the granting of final site plan approval, including satisfaction of all conditions of said approval, the required application review fee shall be double the fee delineated in § 301-305G(2) above and may exceed $30,000.
(5)
An applicant may qualify for a certificate of exemption from the penalties enumerated in Subsection G(4) of this section for the limited clearing or excavation for soil borings, provided that the clearing and amount of material excavated or exported is limited to the amount required to obtain the boring sample.
§ 301-306 Contents of application.
[Amended 2-20-2013 by L.L. No. 3-2013]
A.
A completed site plan application and/or preliminary site plan application shall consist of the following:
(1)
A cover letter briefly describing the proposed project.
(2)
Completed site plan/preliminary site plan application forms, including the application for site plan approval, the site plan checklist, site plan disclosure affidavit, construction activity agreement, an environmental assessment form, Part 1, and Town of Riverhead agricultural data statement (if applicable).
(3)
The required site plan or preliminary site plan review fee as set forth in § 301-305G of this chapter.
(4)
The required number of site plans or preliminary site plans and current surveys as set forth in § 301-305B(1) of this chapter and as determined by the Planning Department.
(5)
A title report for the subject property, dated not more than three months prior to the date of submission of the application, prepared by a title company licensed in the State of New York containing a chain of title and any and all recorded covenants, declarations, restrictions and/or easements on the subject property.
B.
Site plan. The applicant shall cause a site plan map, drawn at the appropriate scale as per § 301-305C(5), to be prepared by an architect, landscape architect, civil engineer or surveyor. The site plan shall be no larger than 24 inches by 36 inches and shall include those of the elements listed herein which are appropriate to the proposed development or uses, including but not limited to those indicated by the Planning Department in the presubmission conference. This information, in total, shall constitute the site plan:
(1)
Legal data:
(a)
The name and address of the owner of record and Tax Map identifying number(s) of the parcel(s) involved.
(b)
The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature.
(c)
The date, North arrow and written and graphic scale.
(d)
Key (location) map at a scale of one inch equals 600 feet.
(e)
The property description shall be prepared by a licensed surveyor or civil engineer. The site plan shall reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f)
The locations, names and existing widths of adjacent streets and curblines.
(g)
The location with reference to identifiable street intersections.
(h)
The location, owners, and uses of all adjoining lands, as shown on the latest tax records.
(i)
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to the public use within or adjoining the property.
(j)
A complete outline of existing easements, deed restrictions or covenants applying to the property.
(k)
Existing zoning.
(2)
Natural features:
(a)
Existing topography of the site and the immediately adjacent property in contours with intervals of two feet or less referred to a datum satisfactory to the Planning Board. On-site areas of greater than 15% slope need to be shown and the square footage provided. In addition, spot elevations will be required where contour elevations are less than two feet on the site.
(b)
The approximate boundaries of any areas subject to flooding or stormwater overflows.
(c)
Any existing woodlands, stand of or individual tree(s) or instance of unique or indigenous vegetation, and any other significant natural features, such as, but not limited to, water bodies, drainagecourses, fresh and salt water marshes, coastal dunes, bluffs, beaches, escarpments, overlook areas and wildlife habitats, must be included and every good faith effort made to preserve, maintain and enhance same.
(d)
The location of any existing cultural features, such as paleontological and archeological remains, old trails, agricultural fields, historic buildings and sites or those that contribute to the rural character of the community or possess a unique and/or identifiable feature.
(3)
Existing structures and utilities:
(a)
Outlines and locations of all existing buildings, structures and uses, including the area, as expressed in square feet, for each floor of all existing buildings, structures and uses as well as dimensions of property line setbacks to, and dimensions between, each building, structure and/or use.
(b)
Paved areas, including parking areas, loading areas, sidewalks, curb cuts, curbing and vehicular access between the site and public streets. Layout of existing parking and loading areas shall include dimensions of spaces, aisles and street approaches, the general circulation pattern with directional movement, existing curb cuts, traffic safety devices, drainage structures and their respective specifications.
(c)
Locations, dimensions, grades and flow direction of any existing culverts or waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including but not limited to fences; fire hydrant, cistern, well or other fire-protection devices; landscaping and screening; signs; and outdoor lighting. Data for all existing lighting as required by Code § 301-263 shall be included.
(e)
The location and use of all buildings and structures within 200 feet of the boundary of the subject property.
(f)
Photographs of all faces of existing structures on the site.
(4)
Proposed development:
(a)
The location and finished floor elevations of proposed buildings, structures and/or uses and/or additions to existing buildings and/or structures, including the area, as expressed in square feet, for each floor of all proposed buildings, structures and uses and indicating setbacks from all property lines and horizontal distances from existing buildings, structures or uses.
(b)
The location of proposed paved areas, including parking areas, loading areas, sidewalks, curb cuts, curbing and vehicular access between the site and public streets. Layout of proposed parking and loading areas shall include proposed dimensions of spaces, aisles and street approaches, the general circulation pattern with directional movement, proposed traffic safety devices, drainage structures and their respective specifications. The method used for computing parking and drainage requirements shall be included.
(c)
The location, direction, mounting height, power and time of use for any proposed outdoor lighting or public address systems. All data required by Code § 301-263 for all proposed lighting shall be included.
(d)
The location, including setbacks, for freestanding signs, and plans for any outdoor signs, which must be in accordance with applicable sign regulations.
(e)
Grading and drainage plans shall be based on a two-inch rainstorm retention for under one acre of ground disturbance and shall be based upon New York State Department of Environmental Conservation regulations for one acre or more of ground disturbance; drainage calculations, contours and spot grade elevations shall be shown. Any proposed regrading of the site must be shown.
(f)
Landscaping, buffering and street tree plans, including material size, quantity and location. A landscaping schedule including common and scientific names of plantings shall also be included.
(g)
The location of water and sewer mains, all utilities, including electrical service, gas, and cablevision installations; locations of water valves and hydrants and/or any alternate means of water supply and sewage disposal and treatment; fire hydrant, cistern, well or other fire-protection devices.
(h)
The locations of all outdoor storage areas for materials, vehicles, supplies, products or equipment if allowed by this chapter, the maximum height of such storage, and that such areas are adequately fenced or screened.
(i)
A table which demonstrates compliance, or the extent of noncompliance, with the Schedule of Dimensional Regulations for the applicable zoning district, unless waived by the applicable reviewing board.
(j)
Elevation plans for all faces of all buildings and structures at an appropriate scale, including cornice, trim, window, door, and column details; building colors and materials; heights of buildings and structures; photographs of the site showing neighboring structures; and any proposed signage.
(l)
If the development is to be phased, the site plan shall show and label all phases of the ultimate development.
(m)
Any other information deemed by the Planning Board to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.
(n)
Unless waived by the applicable reviewing board, plans for all required improvements must be submitted by a professional engineer or licensed architect or, if appropriate, a registered landscape architect. Installation of such improvements must be under the direct supervision of a registered architect or licensed engineer.
§ 301-307 Conditions for approval.
[Amended 11-21-2006 by L.L. No. 48-2006; 9-16-2008 by L.L. No. 33-2008; 9-1-2009 by L.L. No. 47-2009]
In reviewing a site plan submitted to it under this article, the Planning Board and/or Town Board may call upon expert advice in varied disciplines to assist it in making the determination required of it. It shall seek to further the overall purposes and goals of this chapter, and of other applicable provisions of the Town Code and state law. Moreover, it shall make certain that any development plan it approves hereunder conforms to the following:
A.
Physical compatibility. The rural character and open space environment of the Town shall be fostered by preserving, whenever possible, significant built and natural features of the site. Extensive grading, clearing, cutting and filling, excavating or tree removal associated therewith shall be avoided. Screening with trees or other plantings may be required for parking and other disturbed areas which are created. Permitted coverage shall only be calculated based on buildable area of a site. Wetlands, slopes in excess of 15%, and cross-easements for roads, and other such areas as shall be so deemed, shall be nonbuildable.
B.
Protection of residential areas. Appropriate buffer landscaping, natural screening and fencing are to be provided in order to protect neighborhood tranquility, community character and property values. Further, any exterior spotlighting of buildings or grounds shall be from shaded sources and located so that light beams are not directed toward any residential lot.
C.
Parking. Parking areas and driveways shall be sufficiently drained so as to prevent ponding. All drainage structures, paving, access driveways and parking areas shall be laid out and constructed in accordance with the standards for such facilities contained in this chapter. Wherever feasible, parking areas shall be placed at the rear of buildings and/or screened by plantings so as not to be visible from the highway. No materials, merchandise, supplies, work in process, finished or semifinished products, waste materials, commercial vehicles or construction or earthmoving equipment shall be permitted to be used for an industrial or commercial purpose outside of a building in such a way as to present an unsightly appearance when viewed from adjacent roads or properties. Such materials, merchandise, etc., must be kept in the rear or side yard and screened by landscaping or fencing which is in harmony with the principal structure and which has been approved by the Town Board. Vehicles being repaired shall be screened from adjacent properties. The Riverhead Police Department or Code Enforcement Officials, as set forth in § 107-1 of the Riverhead Town Code, shall enforce all parking regulations within the parking areas of approved site plans.
D.
Access. Vehicular ingress and egress, interior traffic circulation, parking space arrangement, loading facilities and pedestrian walkways shall be planned and built so as to promote safety and efficiency. Vehicular entrances and exits shall be clearly visible from access streets and shall not be located within 75 feet of any street intersection. Approvals for said ingress and egress shall be obtained from the governing body of higher jurisdiction, where applicable.
E.
Lights. Lighting and lighted signs shall be placed and shielded in such a manner, and of such a height and intensity, as not to cause direct light to shine on other properties and shall not be permitted to create a hazard upon a public street.
F.
Water supply and waste disposal. Provisions for water supply and for sewage, garbage and other waste disposal must be adequate to the use, must ensure the health and safety of persons on and off the site and must not result in the avoidable depletion or degradation of the groundwater supply or harm surface water bodies, watercourses, wetlands or other natural features or systems.
G.
Utility supplies. All utilities must be constructed underground.
H.
Offer of dedication of cross-easements. The applicant shall show cross-easements for use by adjoining lands for ingress and egress. Where a site plan is approved with cross-easements, an offer of dedication shall be recorded with the County Clerk and a copy of the recorded instrument filed with the Town Clerk.
I.
Performance bond, letter of credit or other equivalent security. Upon approval of a final site plan by the Planning Board and/or Town Board and prior to the issuance of a building permit, the applicant shall post a performance bond, letter of credit or other equivalent security in a form approved by the Town Attorney and adopted by resolution of the Town Board, in an amount equal to 100% of the cost of all public improvements as estimated by the Planning Department. The Town Board may, at its discretion, reduce or waive a performance bond, letter of credit or other equivalent security upon a showing of significant hardship. No certificate of occupancy shall be issued until all site improvements have been inspected and approved by the Planning Department and said performance bond, letter of credit or other equivalent security has been released by resolution of the Town Board. In the event that the applicant fails to comply with the provisions of this article, the performance bond, letter of credit or other equivalent security shall be forfeited to the Town, and the Town of Riverhead shall complete the site plan improvements. Where the cost of the public improvements exceeds the forfeited security, the additional cost, including but not limited to any legal fees incurred, shall be and constitute a lien upon the land upon which the public improvements are to be made and shall be included in the levy against such property 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.
§ 301-308 Special permit general use requirements.
[Amended 8-5-2008 by L.L. No. 28-2008]
The special uses for which conformance with additional standards is required by this chapter shall be deemed to be special permit uses in their respective districts subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter, except as set forth in § 301-222A for preexisting, nonconforming single-family residences. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
§ 301-309 Approval of special permit use; duration.
A.
Special permits for special permit uses as authorized in this chapter shall issue from the Town Board. Special permits will issue in the form of a resolution of the Town Board, stating findings and conditions.
B.
The Town Board may condition the permit by requiring that the applicant actually complete construction and begin the specially permitted use in compliance with the conditions imposed by the Town Board within a time period of from one to three years. If the Town Board fails to specify a period to complete construction and begin the specially permitted use, the time period to complete construction and begin the specially permitted use shall be one year.
C.
The duration of a specially permitted use may be limited to a specified time period as set forth in the special permit resolution of the Town Board. If the Town Board is silent as to the duration of the specially permitted use, then said use shall be in perpetuity.
D.
A specially permitted use which has been discontinued for a period of one year or more shall be deemed abandoned.
§ 301-310 Application for special permit use.
Application for a special permit use shall be made to the Town Board. Each such application shall contain the following data and information. In addition, each application shall contain any requirements specified by the Town of Riverhead Planning Board relating to the special permit use application:
A.
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it. In addition, the application shall demonstrate that the specially permitted use will be in harmony with the appropriate and orderly development of the district in which it is located.
B.
The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site. In addition, the application shall demonstrate that the specially permitted use is such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C.
The application shall demonstrate that operations in connection with any special use will not be more objectionable to nearby properties than would be the operations of any permitted use not requiring a special permit.
D.
A written application, verified by the applicant, not an agent, where the applicant is the person or entity responsible and bound for the land use envisioned by the special permit. Where the applicant is not the owner of the real property, the owner must join in and swear to the truth of the application.
[Amended 5-19-2009 by L.L. No. 34-2009]
E.
A conceptual site plan showing the proposed location of all proposed buildings, parking stalls, access locations, as well as front, rear and side yard setbacks, signed, sealed and certified by a New York State licensed engineer, architect or licensed land surveyor.
F.
A list of property owners based upon the most complete assessment roll filed with Town of Riverhead within a radius of 500 feet of the subject property. This requirement may be waived by the Town Board where the special permit sought is for the construction of a single-family dwelling. No person may object to any approval granted after notice is served by the applicant or designated representative pursuant to this definition, unless an objection is received by the Town Clerk, within 30 days of the date of publication of the public notice calling the hearing, alleging that he or she did not receive the notice provided for in this definition. Also, an affidavit signed by the applicant or designated representative attesting to serving the public notice as required by this definition must be filed with the Town Clerk prior to the holding of the public hearing.
G.
Any other information deemed by either board, in its discretion, to be necessary for reasonable determination of the application.
H.
Expert testimony or reports by independent engineers, special counsel or architects shall be paid for by the applicant.
I.
Any applicant filing for a special permit to erect a one-family dwelling as authorized in this chapter may request in his or her application waiver of any of the requirements of special use permits. The Town Board shall have discretion to waive certain requirements upon demonstration by the applicant that such requirements are not essential to protect the public health, safety or general welfare.
§ 301-311 Application procedure; fees.
[Amended 12-2-2003 by L.L. No. 26-2003; 7-19-2005 by L.L. No. 22-2005; 12-27-2012 by L.L. No. 33-2012; 6-7-2016 by L.L. No. 18-2016; 6-4-2019 by L.L. No. 17-2019; 9-6-2023 by L.L. No. 18-2023]
A.
Variances. The applicant must first apply to the Zoning Board of Appeals for any variance which may be necessary. Only after the applicant has obtained all necessary variances shall the Town Board act upon the special permit application.
B.
Referral to Planning Board. Any application made pursuant to the provisions of this article shall originate by an application to the Town Board, contrary provisions notwithstanding, and may be referred to the Planning Board upon being deemed complete by the Planning Department, which will transmit its recommendations to the Town Board within 62 days of referral.
C.
Posting of notice. When a public hearing is scheduled by the Town Board, the Town Clerk shall forward by certified mail a copy of the public hearing notice to the applicant. The applicant shall erect or cause to be erected a sign, which shall be displayed on the parcel upon which the special permit application is made, facing each public street to which the property abuts, giving notice that an application has been made to the Town of Riverhead Town Board for special permit approval, along with the time and place of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign shall be furnished by the Town Clerk and shall be the only sign to be used. The sign shall be displayed not less than seven days immediately preceding the public hearing or any adjournment date. The applicant shall file an affidavit with the Town Clerk that he/she has complied with the provisions of this section prior to the opening of the public hearing.
D.
Town Board public hearing. After receipt of the recommendations of the Planning Board (in the event the application was referred to the Planning Board), the Town Board shall hold a public hearing upon public notice and other notices as required by the Town Law. The applicant or his/her representative shall forward a certified copy of the public hearing notice by certified mail to all property owners within a 500-foot radius of the subject property posted at least seven days' prior to the date of the public hearing, and the applicant shall pay all expenses of said hearing, including but not limited to publication costs, postage and transcription of testimony. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days' prior to the date thereof. All testimony at the public hearing before the Town Board shall be given under oath. The Town Board may require the sworn testimony of such persons as it deems necessary for a full and complete hearing on the application. The Town Board may adjourn the public hearing for the purpose of taking further testimony or requiring the production of further information. The Town Board shall decide upon the application within 62 days after the close of the hearing. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Town Board on the application after the close of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
E.
Fees. The fee for review of a special permit application which would result in construction of a building(s) or a disturbed area of less than 4,000 square feet shall be $1,000. The fee for review of a special permit application for construction of a building(s) or disturbed area of 4,000 square feet or greater shall be $2,000. The required fee shall be paid upon submission of the application to the Town Clerk.
§ 301-312 Items to be considered by reviewing board.
The Town Board and the Planning Board may consider, among other matters or factors which either Board may deem material, whether:
A.
The site is particularly suitable for the location of such use in the community.
B.
The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
C.
The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
D.
Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public in relation to the general character of the neighborhood and other existing or permitted uses within it, and to avoid traffic congestion; and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
E.
All proposed curb cuts and street intersections have been approved by the street or highway agency which has jurisdiction.
F.
Adequate provisions have been made for emergency conditions.
G.
There are off-street parking and truck loading spaces at least in the number required by the provisions of this chapter, but in any case, an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and further, that the layout of the spaces and driveways are convenient and conducive to safe operation.
H.
Adequate buffer yards, landscaping, walls, fences and screening are provided where necessary to protect adjacent properties and land uses.
I.
Where necessary, special setback, yard, height and building area coverage requirements, or easements, rights-of-way or restrictive covenants, shall be established.
J.
Where appropriate, a public or semipublic plaza or recreational or other public areas will be located on the property.
K.
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
L.
Existing municipal services and facilities are adequate to provide for the needs of the proposed use.
M.
The use will tend to generate or accumulate dirt or refuse or tend to create any type of environmental pollution, including vibration, noise, light, electrical discharges, electromagnetism, odors, smoke or irritants, particularly where they are discernible on adjacent properties or boundary streets.
N.
The construction, installation or operation of the proposed use is such that there is a need for regulating the hours, days or similar aspects of its activity.
O.
The proposed use recognizes and provides for the further special conditions and safeguards required for particular uses as may be determined by the Town Board or the Planning Board.
P.
The design, layout and contours of all roads and rights-of-way encompassed within the site of the application are adequate and meet Town specifications.
Q.
Adequate provisions have been made for the collection and disposal or solid wastes, including but not limited to the screening of all containers.
R.
That the intensity of the proposed specially permitted use is justified in light of similar uses within the zoning district.
§ 301-313 Conditions.
The Town Board, in its resolution approving or approving with modifications a special permit pursuant to this article, may make and include certain reasonable conditions and restrictions in its discretion directly related to and incidental to the special permit, including but not limited to the following:
A.
The posting of performance bonds to guarantee the performance of any or all conditions imposed by the resolution.
B.
The imposition of fees or, in lieu thereof, dedication of land or open space easements in an amount or form to be determined by the Town Board as necessary to adequately recompense the Town for the additional municipal service requirements to be provided as a result of the granting of the special permit.
C.
The filing with the County Clerk of the County of Suffolk of covenants and restrictions, easements or other recordable agreements running with the land and binding upon all successors of the applicant to guarantee or implement the provisions of the special permit.
§ 301-314 Town Board determination.
The Town Board shall determine that:
A.
The use will not prevent or substantially impair either the reasonable and orderly use or the reasonable and orderly development of other properties in the neighborhood.
B.
The hazards or disadvantages to the neighborhood from the location of such use at the property are outweighed by the advantage to be gained either by the neighborhood or the Town.
C.
The health, safety, welfare, comfort, convenience and order of the Town will not be adversely affected by the authorized use.
D.
Such use will be in harmony with and promote the general purposes and intent of this chapter.
§ 301-315 Condominium map approval.
A.
The Planning Board is hereby empowered to approve condominium maps for filing with the Clerk of the County of Suffolk, subject to all applicable rules and regulations and the payment of a recreation fee of an amount equal to $5,000 per dwelling unit to the Town of Riverhead. In lieu of a cash payment, the developer may post a bond or letter of credit equal to the total fee, as required herein. The term of such bond or letter of credit shall extend for a period of two years and six months. The Town shall deposit the fee in a trust and agency account and withdraw the applicable fee upon issuance of each building permit. Notwithstanding the above, after two years and six months from the date of the issuance of the bond or letter of credit, the balance of the fee covering all the lots and/or units shall be due. The Clerk of the Planning Board shall maintain a log of the expiration dates of all such bonds. Note that an applicant may make application for a refund of fees within 120 days from the date of payment of fee or issuance of building permit, whichever is sooner, provided that no construction has commenced related to any lot or unit approved pursuant to the condominium map and affidavit of withdrawal and forfeiture of all approvals, waiver of return of or reimbursement of all costs and fees related to said condominium application and processes.
[Amended 3-2-1993 by L.L. No. 2-1993; 9-19-2000 by L.L. No. 9-2000; 2-6-2024 by L.L. No. 5-2024]
B.
An applicant seeking to file a condominium map with the Clerk of Suffolk County shall first submit such condominium map to the Riverhead Planning Board with a preliminary engineering review fee of $100 for each condominium unit shown on said map. Upon receipt of the condominium map, the Clerk of the Planning Board shall transmit said map to the Suffolk County Planning Commission for its review and recommendation. Upon receipt of the recommendations of the Suffolk County Planning Commission, the Planning Board shall determine to approve said map, approve said map with modifications or disapprove said map with reasons.