Riverhead City Zoning Code
PART 5
Administration and Enforcement
§ 301-316 Enforcement officer.
[Amended 6-15-1976]
This chapter shall be enforced by the Zoning Officer of the Town of Riverhead.
§ 301-317 Permits.
[Amended 6-15-1976]
A.
Permitted uses require a building and/or use permit from the Building Department. No building, structure or other construction specifically required by this chapter to have a permit shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Officer. No premises for which a use permit is required by this chapter shall be used for such purpose until a permit therefor has been issued by the Zoning Officer. Where a variance, special exception or special permit is required, no such permit shall be issued until a copy of the determination of the appropriate body granting such variance, special exception or special permit is filed with the office of the Zoning Officer.
[Amended 7-3-1979]
B.
There shall be submitted with all applications for a permit three copies of a layout or plot plan showing the actual dimensions of the lot or parcel of land to be built upon, the exact size and location on the lot or parcel of land of the building and/or accessory buildings to be erected and such information as may be necessary to determine that the proposed construction will comply with the provisions of this chapter. The plot plan shall be drawn to scale. In reviewing an application for a permit, the Zoning Officer may require the applicant to submit his deed or other instrument or record conveying title to the applicant.
D.
One copy of each layout or plot plan shall be returned when approved by the Zoning Officer, together with such permit, to the applicant upon payment of such fee for principal buildings and other buildings, structures or uses as shall be fixed by resolution of the Town Board and posted in the office of the Zoning Officer.
E.
The construction authorized by the building permit shall be commenced within four months and completed within 12 months from the date of issuance of the permit. Pool permits shall commence on the date of issuance and shall be completed within four months from the date of issuance.
[Amended 9-17-2007 by L.L. No. 28-2007]
F.
If the construction is not commenced within the above-specified time, the building permit shall be null and void.
[Amended 5-17-1977]
G.
Commencement of construction of a building shall mean that the foundation and the bearing walls and/or the piers have been constructed or erected to the height of the girders or beams which support the first story of the building and, in the case of other structures, that the bases, piers, posts or other supporting members have been constructed or erected.
H.
Completion of construction shall mean that the entire work shown on a plan has been constructed in accordance with the requirements for a certificate of occupancy.
I.
Prior to issuing a permit, the Zoning Officer shall require the applicant to file copies of all permits required to be obtained beforehand from any other municipality, board or agency. If any such other permit invalidates any data therefor submitted by the applicant to the Town Board, Planning Board or Zoning Board of Appeals where the prior approval of such Board is required herein, the applicant must submit a revised plan showing the change and the Zoning Officer shall thereupon refer the revised plan to the appropriate Board for its approval or disapproval.
J.
No building permit shall be issued for the construction or alteration of any structure located on a freshwater or tidal wetland, as defined by Chapter 295, Wetlands, of the Code of the Town of Riverhead, until the applicant has complied with all the provisions of said Chapter 295 and has obtained a permit pursuant to said Chapter 295 when necessary.
[Added 5-17-1977]
§ 301-318 Certificate of occupancy.
[Amended 6-15-1976]
A.
No building, structure or other construction specifically required by this chapter to have a permit shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Zoning Officer. This requirement is in addition to any certificate of occupancy required by any other local law or ordinance of the Town of Riverhead, although all such certificates may be set forth as one document.
B.
The following documents must accompany an application for a certificate of occupancy:
(2)
Suffolk County Department of Health Services certification for sanitary installations required under the Sanitary Code.
(3)
A survey by a licensed land surveyor showing the location of the building and additions and alterations with respect to side and street lines after completion of the work for which the certificate is requested. Except where a variance or special exception is applicable to the work for which a certificate is requested, however, the requirement for a survey may be waived by the Zoning Officer upon a determination by him, by personal observation or reliable information, that the distances and locations involved are clearly in compliance with all area and setback requirements.
C.
Upon written request and upon the payment of a fee in the amount to be fixed by resolution of the Town Board and posted in the office of the Zoning Officer, the Zoning Officer shall, after inspection, issue a certificate of occupancy for any existing use and/or occupancy of a building, structure or land, certifying such use and/or occupancy and whether or not the same conforms to the provisions of this chapter.
D.
Temporary certificate of occupancy. In case of undue hardship, the Building and Zoning Department official may issue a temporary certificate of occupancy valid for a period of six months for any building, structure or use. The Building and Zoning Department official may extend the temporary certificate of occupancy for no more than two successive six-month periods. The Town Board may issue an extension of the temporary certificate of occupancy beyond 18 months if the applicant is able to satisfy the criteria set forth below and prove that the unavoidable delay set forth in Subsection D(2) below is related to or caused by local or regional public improvements:
[Added 5-17-1977; amended 7-3-1979; 8-4-1981; 3-2-1993; 12-15-2009 by L.L. No. 66-2009]
(1)
Such building or structure is in itself in conformance with the New York State Uniform Fire Prevention and Building Code and all other applicable ordinances or regulations.
(2)
All site development requirements are essentially completed but that, due to unavoidable delays, they cannot be entirely completed as required in a reasonable time.
(3)
On investigation, the Building and Zoning Department official shall approve of such temporary certificate of occupancy.
(4)
A cash deposit in escrow in an amount established by the Building and Zoning Department official shall be provided to insure satisfactory completion of all required improvements within a period of six months or such other extension of time granted by the Building and Zoning Department official or the Town Board. Failure to comply with this time limitation shall render such escrow in default, and the Town may utilize the deposited money in the Town of Riverhead Town account set up for this purpose. The actual work completing the improvements may be performed by one of the Town's departments or a private contractor selected by public bid.
E.
Certificate of occupancy, owner-occupied during construction.
[Added 5-17-1977; amended 1-17-1984; 2-7-1984]
(1)
The Building and Zoning Department shall issue a temporary certificate of occupancy as provided for in Subsection D hereinabove where an affidavit duly executed is filed with the Building Department stating that:[2]
(a)
The applicant is the owner of the residential structure for which a building permit has been duly issued by the Riverhead Building Department showing the applicant as the builder of such residential structure.
(b)
Operating electrical, heating and plumbing is installed.
(c)
The applicant desires to move into his/her house before construction is completed and that all additional construction to be completed will be done by the applicant.
(d)
The applicant shall hold the Town of Riverhead harmless.
(2)
Where such an affidavit is filed, the Building and Zoning Department shall inspect the premises to determine the accuracy of the affidavit and shall issue a provisional certificate of occupancy permitting the owner/builder and his family to reside at the premises for a term not to exceed six months pursuant to a provisional certificate of occupancy. Such certificate may be renewed upon a showing that the applicant is diligently completing the improvements required by the building permit. However, no extension shall be granted beyond a period of 18 months.
F.
Fees. Fees for building permit application and for issuance of building permits and certificates of occupancy shall be determined by the Town's Building and Zoning Department.
[Added 1-17-1984]
§ 301-319 Stop orders.
[Added 5-25-1976; amended 1-4-2005 by L.L. No. 1-2005]
The Building or Zoning Inspector, upon investigation of any violation of this chapter, shall have the authority hereby to post a stop order in a form approved by the Town Board. Said stop order shall be posted at the site of said violation. It shall be a further violation of this chapter to remove said stop order or to continue the use or construction specified in said stop order until the violation is corrected or adjudicated. The Building Inspector may designate one or more persons with authority to enforce the Town Code pursuant to § 107-1 to issue a stop order as set forth in this section on a case-by-case basis, provided those persons are certified Code Enforcement Officials.
§ 301-320 Penalties for offenses.
A.
A violation of any provision or requirement of this chapter or a violation of any statement, plan application, permit or certificate approved or issued under the provisions of this chapter shall be deemed a violation, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
[Amended 5-25-1976; 8-21-1979; 12-29-1989]
B.
Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.
C.
Each week's continued violation shall constitute a separate, additional violation.
D.
The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law.
E.
Civil penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction, violations of this chapter; and any other remedies which the Town Attorney may deem necessary and proper.
[Added 8-15-2006 by L.L. No. 31-2006]
(1)
Any person found to have violated any of the provisions of this chapter shall be subject to a civil penalty.
(2)
Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this chapter shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law for a violation of this chapter.
(3)
Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in each and every fifteen-day period.
(4)
All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectable by a tax assessment against the property on which said violation occurred.
(5)
Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law. There is no requirement of notice prior to the commencement of a civil action.
(6)
Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability.
(7)
Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case no longer than 15 days for each civil action filed.
§ 301-321 Authority of Town Board.
The Town Board, upon its own motion or by petition, may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in accordance with the Town Law.
§ 301-322 Applications for change or amendment.
All petitions for changes or amendments to this chapter (including any part incorporated therein), exclusive of a change or amendment initiated by the Town Board on its own motion, shall be made by filing the original and 13 copies and shall be accompanied by 14 copies of an accurately drawn map showing the dimensions of the property to be considered, tied in by distance to the nearest recognized street intersection. A last owners search certified by a New York State licensed attorney at law or title company with offices in Suffolk County, certifying the current owner of all adjoining parcels within a radius of 500 feet of the subject property, shall be filed with the Town Clerk. For the purpose of this section, "current owner" shall mean the owner of record as shown on the current Riverhead Town assessment roll. Upon application, the Town Clerk shall provide to the applicant a sign to be immediately posted at the property indicating that a change of zone application is pending before the Riverhead Town Board. Said application shall be referred to the Planning Board, which will transmit its recommendations to the Town Board within 60 days of the date of referral. After receipt of the recommendations of the Planning Board, the Town Board shall hold a public hearing upon notice as required by § 265 of the Town Law. The Town Clerk shall forward the public hearing notice to the applicant, or his agent, by certified mail, and the applicant, or his agent, shall then fill in the date and time of the public hearing on the sign heretofore posted at the subject property. Additionally, the applicant, or his agent, shall forward a certified copy of the public hearing notice, by certified mail, to all property owners within a five-hundred-foot radius of the subject property, posted at least seven days prior to the date of the public hearing to be affected by the change of zone, and the applicant shall pay all expenses of said hearing, including but not limited to publication costs, postage and transcription of testimony. 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.
§ 301-323 Fee.
[Amended 12-29-1989; 5-20-1997; 12-2-2003 by L.L. No. 26-2003]
A.
Prior to the filing of each application for a change or amendment of this chapter, a fee shall be paid to the Town Clerk with respect thereto in the following amounts:
(1)
Change of zone petition resulting in construction of a building or buildings with a total area of less than 4,000 square feet or less shall be $1,500.
(2)
Change of zone petition resulting in construction of a building or buildings with a total area of 4,000 square feet or greater shall be $2,500.
B.
The cost of the publication of notice of public hearing shall be paid by the applicant prior to the date of public hearing.
§ 301-324 Affidavit to accompany applications.
Each application shall be accompanied by the affidavit of a person having personal knowledge of the facts, stating the name and address of each person, firm or corporation having an interest in the property to be considered and the name and address of each officer, director, shareholder and person owning any interest in any such firm or corporation or in the firm or corporation making the application. Only the 10 largest shareholders of a corporation need be listed. In lieu of the listing of shareholders, the affidavit may show the listing of the corporation's stock on a recognized stock exchange.
§ 301-325 Effect on disclosure requirement.
[Amended 7-6-1971]
Nothing herein shall be deemed as to affect the disclosure requirement of § 809 of the General Municipal Law. Disclosure under § 809 shall be by affidavit submitted with each application, either by setting forth the names of the persons covered by that section or by stating that there are no such persons. The affidavit required by § 809 may be combined with any affidavit required hereunder, as may be convenient.
§ 301-333 Overview and historical background.
A.
The former Naval Weapons Industrial Reserve Plant at Calverton (NWIRP) in the Hamlet of Calverton, in the Town of Riverhead, was previously owned by the United States Navy and leased by the Grumman Corporation for final assembly and flight testing of military aircraft. In 1996, Northrup Grumman closed nearly all of its facilities on Long Island and chose not to renew its lease for NWIRP, causing economic dislocation and unemployment for residents of the Town of Riverhead and the surrounding region.
B.
In 1995, the Town of Riverhead commissioned the preparation of a comprehensive plan for the redevelopment and reuse of the NWIRP site in order to guide its transformation into an engine for regional economic growth. In 1996, a Comprehensive Reuse Strategy for the Naval Weapons Industrial Reserve Plant at Calverton was prepared, which described how to manage the transition of the site from its dependence on defense-related procurement to reliance on a broad range of private sector economic activity. This resulted in the United States Navy conveying approximately 2,900 acres of NWIRP to the Town of Riverhead in 1998, conditioned upon the Town's reuse of the property for economic development.
C.
Subsequent to the 1998 conveyance, approximately 492 acres were subdivided from the approximately 2,900 acres as a privately held industrial subdivision (Calverton Camelot). The remaining 2,323.9 +- acres, now known as the "Enterprise Park at Calverton (EPCAL)" or "EPCAL Property," is generally bounded by New York State Route 25 (Middle Country Road) to the north, industrial uses and Peconic Avenue to the east, Grumman Boulevard (Swan Pond Road, also known as "River Road") to the south, and Wading River-Manorville Road to the west.
D.
Beginning in 2011, the Town embarked on updating, developing and implementing a reuse and revitalization plan to meet the current economic, market and site conditions. The comprehensive and extensive analysis of economic, market, environmental, traffic, sewer, water, and myriad other factors, together with participation of state, regional, local departments and agencies, and other interested groups, resulted in a reuse and revitalization plan that meets the economic and urban renewal goals of the original conveyance and will assist the state, county, and Town in recapturing potential investment, growth, and employment opportunities for this region.
E.
On August 2, 2016, the Town of Riverhead Town Board adopted a Reuse and Revitalization Plan for EPCAL, which functions as an urban renewal plan for the aforesaid area of 2,323.9 +- acres. The Reuse and Revitalization Plan for EPCAL consists of two documents:
F.
This Planned Development Zoning District (PD District) is one of the instruments of implementation of the public purposes and objectives of the Reuse and Revitalization Plan for EPCAL. The Reuse and Revitalization Plan for EPCAL, in concert with the PD District, establishes a comprehensive plan for the reuse of the EPCAL Property.
§ 301-334 Legislative authority; supersession of Town Law.
The action of the Town of Riverhead in the adoption of the PD District is authorized under Statute of Local Governments § 10(6) and Municipal Home Rule Law §§ 10(1)(ii)(a)(14), 10(1)(ii)(d)(3), and 10(2), and is intended to and shall supersede Town Law § 261-b (relating to incentive zoning), Town Law § 261-c (relating to planned unit development zoning districts), Town Law § 262 (relating to zoning districts), Town Law §§ 263 and 272-a (relating to comprehensive plans and zoning purposes), Town Law § 269 (relating to zoning law conflicts), Town Law §§ 270 and 273 (relating to official maps and changes thereto), Town Law § 274-a (relating to site plan review and approval), Town Law § 274-b (relating to special use permits), Town Law §§ 276, 277, 278, and 279 (relating to subdivisions), and Town Law § 280-a (relating to permits for buildings not on improved mapped streets) to the extent that this article is inconsistent with such statutory provisions.
§ 301-335 Legislative intent.
A.
It is the intent of the PD District to promote the expeditious and orderly conversion and redevelopment of the EPCAL Property by allowing for flexibility in providing a mix of uses in order to prevent further blight, economic dislocation, and additional unemployment, and to aid in strengthening the New York State economy, the regional economy, and the economy of the Town of Riverhead. The purpose of the PD District is to enable, encourage, and qualify the implementation of the following policies.
B.
Redevelopment of the EPCAL Property shall be pursuant to the Reuse and Revitalization Plan for EPCAL, which consists of a subdivision map filed pursuant to the requirements of the Town Code for the Town of Riverhead, and the updated and amended urban renewal plan, Reuse and Revitalization Plan and, as may be amended from time to time, for the redevelopment of a portion of property identified and designated as an urban renewal area under the original urban renewal plan, Calverton Enterprise Park Urban Renewal Plan, adopted in 1998 and consistent with "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013. The Reuse and Revitalization Plan is included as part of this article and specifies, among other things, representative types and general locations of land uses in the proposed PD District, and the general scale and location of development within the PD District.
§ 301-336 Activation of provisions; effect on other laws.
A.
The provisions of this article are activated by "will" or "shall" when required; "should" when recommended; and "may" or "can" when optional.
B.
The provisions of this article shall supplant, supersede, and prevail over any other chapters, articles, and provisions of the Code of the Town of Riverhead (hereinafter the "Town Code"). Except as otherwise provided in this article, any other chapters, articles, or provisions of the Town Code that are inconsistent with, in conflict with, or in addition to the aforesaid Reuse and Revitalization Plan for EPCAL, which may be updated from time to time, shall have no application, force, or effect within the PD District.
§ 301-337 Applicability.
The provisions of the PD District shall encompass the following parcels on the Suffolk County Tax Map, as well as all roadways, shown on the subdivision map referred to in § 301-336B above, that lie between or adjacent to such parcels: SCTM Nos. District 600, Section 135, Block 1, Lots 7.1, 7.2, 7.33, and 7.4, or as more particularly described in the Reuse and Revitalization Plan.
§ 301-338 Reuse and Revitalization plan for EPCAL.
The Reuse and Revitalization Plan incorporated in this article designates the lots comprising the PD District, the various roadways within and adjacent to those lots, stormwater facilities, and sewer and water infrastructure, among other things. In reviewing proposed development in the PD District, the Town Board shall determine if such proposed development complies with the Reuse and Revitalization Plan and with the descriptions, building forms, and development parameters, as described in the Reuse and Revitalization Plan and set forth in subsequent sections of this article.
§ 301-339 Development procedures and process.
Recognizing the importance of comprehensive redevelopment of the lands in the EPCAL Property in accordance with the aforesaid Reuse and Revitalization Plan, which may be updated from time to time, the provisions of this article and "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013:
A.
The development of any lands within the PD District shall require the submission of a site plan application that conforms to the requirements of the Reuse and Revitalization Plan and is subject to Town Board site plan approval pursuant to Town Code of the Town of Riverhead, Chapter 301, § 301-303A. Notwithstanding anything to the contrary set forth in Chapter 301 and pursuant to Municipal Home Rule Law and consistent with General Municipal Law Articles 15 and 15A and "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013, as permitted principal uses require site plan approval and residential use must be supportive of a permitted principal use, the Town Board shall be vested with review and approval jurisdiction for all principal and supportive uses, including residential.
B.
As part of site plan review and approval process by the Town Board, the Town shall refer the application to all relevant state and local agencies within 10 days of a complete application as required pursuant to § 5(2) of "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013. In addition, at any time after submission of an application, the Town Board may refer the application to the Planning Department or Planning Board for report and recommendation.
C.
Prior to the submission of a site plan application, the applicant shall meet with the Town Board or Planning Department to determine Zoning Code compliance, general engineering suitability and aesthetic compatibility. The plan shall be prepared by a New York State licensed landscape architect, land surveyor, architect or engineer and shall include such drawings as shall clearly present those structural, topographical and design features that the Town would require to evaluate the proposed construction, addition, reconstruction or alteration. The goal of the pre-submission conference shall be a site plan acceptable and complete for formal application pursuant to § 301-306 and review pursuant to § 301-305C. Note: Section 301-305B shall not be applicable and as such, no preliminary site plan application and/or approval shall be required.
D.
Any resolution of approval or conditional approval issued by the Town Board shall be subject to § 5(2) and (3) of "An Act in relation to a plan for the development of the Enterprise Park at Calverton." To the extent required, the applicant shall obtain all approvals, licenses, and/or permits required from other governmental agencies having jurisdiction over the proposed development.
E.
Notwithstanding anything to the contrary above, the Town Board may adopt by resolution such other guidelines or procedures deemed necessary and appropriate to effectively and efficiently initiate, review and complete site plan process.
§ 301-340 Definitions.
The following terms, phrases, words and their derivatives shall have the meanings given herein:
The main or primary purpose for which a structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this article.
A use which exists within the EPCAL Property and which supports the employees and/or tenants of the principal use(s).
§ 301-341 Use regulations.
Although this article has been established to emphasize building form more than use, the following use regulations shall apply to uses in the PD District:
A.
Principal uses. All uses that promote economic development shall be permitted in the PD District, including, but not limited to, industrial; institutional; educational; governmental; recreational; conservation; manufacturing; renewable and alternative energy resources (including generation and distribution of such energy resources, storage and demand response resources); commercial, except for those commercial uses described as retail, personal service and restaurant and deemed supportive pursuant to § 301-341B(2) below, and the development of public facilities, utilities, and infrastructure necessary to support those uses. Notwithstanding the above, the following industrial, manufacturing and commercial uses shall be prohibited: garbage disposal dumps, landfills, incinerators or transfer stations; gas stations and gas manufacture from coal, coke, or petroleum; petroleum and/or kerosene distillations or refining and storage facilities, sand, gravel, mineral quarrying and mining; motor vehicle, boat, and equipment dismantling, wrecking, and compacting; outdoor sale or storage of motor vehicles, boats, and equipment except by special permit of the Town Board and subject to the following minimum standards: outdoor storage must be incidental and supportive to the principal use and building(s); outdoor storage may not exceed 1/3 the size of the principal building(s); outdoor storage must be located on the same lot as the building(s) for principal use; outdoor storage areas shall be visually screened and landscaped from public view, roadways, and adjacent properties; manufacture, warehousing, wholesaling, sale and storage of hazardous, dangerous, explosive material, including ammunition, acids, and any use which generates offensive noise, vibration, dust, smoke, gas or other nuisances shall be prohibited. In addition to the prohibited uses and restrictions set forth above, the following use of property within the PD Zoning District, inclusive of existing runways, are prohibited: commercial passenger airport, cargo and freight airport; flight instruction or flight training; aeronautical services, except for fueling, hangaring, tie-down, parking, and maintenance ancillary to a permitted principal use and shall not be open to the general public; aircraft rental nor shall any portion of the property be registered or licensed with any federal, state, local government entity or agency thereof or listed on aviation charts or maps for the prohibited uses identified herein above. All sale, lease or use of the property or a portion thereof located within the PD Zoning District shall require the owner, lessee or applicant, as the case may be, to file covenants restricting use of property within the PD Zoning District consistent with the prohibitions set forth above and include limitation to make application to or accept funding from any federal, state local government entity related to any prohibited use set forth above.
[Amended 12-19-2023 by L.L. No. 27-2023]
B.
Supportive uses. In order to promote the EPCAL Property as a planned development community, the following uses shall be permitted as supportive uses, on a limited basis, targeted to the employees and tenants of the permitted principal uses within the EPCAL Property and not designated for primary use by the general public:
(1)
Residential. The PD District shall allow a limited number of attached residential housing units, located on the same lot and in support of a principal permitted use, within that portion of the EPCAL Property described as Zone One, Zone Three and Zone Four of the Map titled "Preferred Alternative," adopted by the Town Board, as governing body of the Community Development Agency, by Resolution No. 5 adopted on May 7, 2013. The attached residential housing units shall only be permitted on a lot greater than 10 acres or a combination of lots located adjacent to each other such that the total combined acreage of said lots is greater than 10 acres. The total number of residential units within the EPCAL Property shall be limited to 300; however, an applicant may make application for a special permit for a principal use with residential units that exceed the limit of 300 residential units. The applicant for a special permit which includes supportive residential units in excess of the limit of 300 housing units must adhere to the requirement of a minimum lot size of 10 acres and demonstrate that the residential units are an essential and integral component of such principal use, i.e., scientific research or development facility or the like.
(2)
Retail, personal service, or restaurant. The PD District shall only permit retail, personal service, and restaurant uses specifically designed to support permitted principal or other supportive uses within the EPCAL Property. The floor area for any supportive use, other than residential described above, shall be located within the floor area of the principal use and shall not exceed 10,000 square feet of floor area per supportive use and 20,000 square feet per principal use and/or lot. The total or maximum floor area within the EPCAL Property shall not exceed 500,000 square feet.
§ 301-342 Bulk requirements for individual lots.
Bulk requirements for individual lots shall be determined as part of the site plan approval process, per Article XXVI of the Zoning Ordinance, consistent with the Reuse and Revitalization Plan for EPCAL. The following requirements shall guide the Town Board through the approval process:
A.
Individual lot sizes, minimum yards, and minimum setbacks are not specified herein, except individual lot size shall not be less than four acres. Nothing herein shall prevent an applicant from making application for a merger of adjoining lots to meet the minimum lot size requirement. Buildings may be arranged in conformity with the impervious area coverage and maximum height standards set forth herein. In reviewing any application for site plan approval, the Town Board shall be guided by the Reuse and Revitalization Plan for EPCAL, standards set forth elsewhere in this article for comparable uses, and by common best planning practices, to the extent that the resulting development shall be compatible with the surroundings, and to assure the quality and consistency of the uses proposed to be developed on the site.
B.
Maximum impervious area coverage shall be 90% of the site area. Coverage requirements may, however, be modified by the Town Board as part of the site plan approval process.
C.
No more than 15% of any individual lot shall consist of fertilizer-dependent vegetation.
D.
Structures shall have a maximum height of 75 feet; however, structures in excess of 75 feet may be approved by the Town Board, subject to the submission of a visual assessment as part of the site plan application. Such assessment shall visually depict the proposed building height, its relationship to adjacent structures and uses, and any potential shadowing effects and demonstrate the need to exceed the height restriction.
E.
To the extent that FAA rules and regulations are applicable to a site proposed for development, building heights shall conform to 14 CFR 77 and all such other Federal Aviation Administration (FAA) standards and regulations.
F.
All areas not used for buildings, circulation, parking, storage, maintenance, or utilities shall be landscaped and maintained in good condition.
G.
Suitable access for emergency vehicles shall be provided for all structures as determined during the site plan review process.
H.
The right-of-way and pavement widths for internal roads shall be consistent with the Reuse and Revitalization Plan for EPCAL and shall be subject to all other applicable Town ordinances.
I.
Parking and loading. Any application within the PD District shall be guided by the Town's standard requirements for parking and loading, as prescribed in §§ 301-231 and 301-232, respectively. However, the site applicant can request that the Town Board reduce the required amount of parking and loading, provided that the site application is accompanied by a parking and loading demand study. Such study shall be submitted to the Town Board and shall include demand for parking for the proposed use, determination of the appropriate locations for parking on the project site, and number and location of handicapped parking spaces, as well as the number, size, and locations of loading areas, which the Town Board shall consider in its deliberations on the site plan. The use of shared parking, landbanked parking and structured parking shall be encouraged.
§ 301-343 Design considerations.
The quality of the built environment and its relationship to the natural landscape is a key indicator of quality of life. The objective of the design considerations for the PD District is to provide high quality and complementary design of buildings, landscaping, parking, and other site and building design characteristics. Special emphasis is placed upon methods that reduce the large-scale visual impact of buildings and encourage imaginative design for individual buildings. Further emphasis is placed upon the design of the entrances to the EPCAL Property along New York State Route 25 (Middle Country Road) as the gateways to the Enterprise Park.
A.
Process.
(1)
The design considerations herein have been prepared to assist those proposing new development in the EPCAL Property in the preparation of their designs and plans. The considerations also provide a basis for the evaluation and review of these designs by the Town Board. As a policy adopted by the Town, the design considerations shall apply to all development within the EPCAL Property and shall be considered as part of the Town's site plan approval process.
(2)
These design considerations set a benchmark to which all parties involved in projects can refer and they supplement the limited, specific parameters such as lot size and building height, as established in this article. The Town Board reserves the right to modify, waive or alter any of the design considerations presented herein based on the scope, nature, and location of any specific project proposal.
(3)
Applicants are strongly encouraged to review these design considerations during the initial (design) phase of a project. Applicants are also encouraged to contact the Town Board at an early stage of project design if any of the design considerations mentioned in this document remain unclear, so as to avoid delays and confusion during the site plan review process.
(4)
The Town Board may request that the Planning Board and/or Architectural Review Board review the aesthetic details of an application and its consistency with the following design considerations as part of the Town Board's site plan review.
B.
Building mass and articulation.
(1)
Solid and unarticulated buildings are discouraged. The mass and scale of buildings should be reduced by staggered building walls or other architectural treatments to provide architectural interest and reduce the visual scale of a building. Buildings at the gateway entrances to the EPCAL Property, where Road "A" and Road "D" meet New York State Route 25 (Middle Country Road) and generally along the New York State Route 25 (Middle Country Road) frontage should be distinctive in design, through the use of high quality architectural materials, enhanced landscaping and signage, and appropriate lighting.
(2)
In addition, all buildings should include the following elements:
(a)
The use of variations in height, rooflines and site grading is encouraged to reduce the perceived height and mass of a building.
(b)
Building entries should be clearly defined and readily identifiable through the use of canopies, marquees and architectural treatments.
(c)
Where possible, developments with smaller or multiple structures instead of one large building are preferred to reduce building mass and scale.
(d)
Clusters of mature landscaping and berms should be located and designed in accordance with architectural and building design features. The landscaping clusters should include a variety of trees and tall shrubs and should be located to enhance entrances to buildings, screen parking lots, and buffer views from abutting properties and natural land features that are outside the PD District.
(e)
Small-scale landscape elements, such as planter walls and hedges, should be clustered around building entrances.
(f)
Whenever possible, outdoor storage, trash, and recycling facilities should be screened with fencing and landscaping and located in places that are not visible from the street.
(g)
Fences, while allowed, are subject to site plan review. Chain-link fencing screens (including those with slats) are strongly discouraged.
C.
Materials.
(1)
It is encouraged that the front and side elevations of all buildings and/or structures be constructed of durable and high quality materials such as brick, granite, or other masonry matter, including architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas.
(2)
Roof design should be as aesthetically pleasing as possible and should screen mechanical equipment.
(3)
Glass windows or some similar architectural treatment should occupy at least 15% of the front elevation of a building. In addition, windows and glazing should be in proportion with architectural scale, mass, and height of the building.
E.
Signage and lighting.
(2)
Signs should be designed and placed to accentuate a building's architectural features and be compatible with surrounding buildings.
(3)
Marquee signs listing multiple tenants should be avoided. If a sign directory is required, the sign should contain no promotional advertising.
(4)
The number and size of signs should be minimized to avoid visual clutter. Groups of related signs should express uniformity and create a harmonious appearance.
(5)
Signage along New York State Route 25 (Middle Country Road) shall be prohibited.
(6)
Freestanding signs should be traditional in character and set upon a formal base, enhanced by landscaping.
(7)
Signage lighting should be low-level and minimize glare; backlit and light-box signage are undesirable.
(8)
Ideally, external and streetlighting should be similar from one development to the next in terms of fixture/light post style and color of light.
F.
Pedestrian circulation.
(1)
On-site concrete or brick sidewalks should be provided to create a continuous pedestrian network throughout the area.
(2)
Vehicular and pedestrian circulation patterns should be separated. A landscaped area should provide a separation between a pedestrian and vehicular path.
(3)
Where pedestrians and vehicle paths cross, that area should be designated by changing pavement materials, signals, signage, pavement texture or painted stripes.
(4)
Secure and convenient pedestrian walkway access should be provided from parking lots, sidewalks, and primary entrances to the building. Sidewalks should be barrier-free, a minimum of four feet in width and should be set back a minimum of five feet from all buildings.
(5)
Pedestrian sidewalks should be provided along the frontage along New York State Route 25 (Middle Country Road) so as to provide connectivity to the continuous perimeter Walkway/Bike Trail within the EPCAL Property and areas outside of the EPCAL Property.
§ 301-344 Additional requirements.
A.
Performance criteria. The following general performance criteria shall supersede the requirements presented herein.
(1)
To the extent applicable, development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health.
(2)
All development shall be connected to the appurtenances of the Calverton Sewer District.
(3)
To the extent applicable, development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code.
(4)
To the extent applicable, development shall comply with the permits issued to the Town of Riverhead by the New York State Department of Environmental Conservation with respect to freshwater wetlands; the wild, scenic and recreational rivers systems; and endangered species.
(5)
All development fronting on New York State Route 25 (Middle Country Road) shall provide a sufficient roadway buffer to accommodate future transportation improvements, as required by the New York State Department of Transportation.
(6)
All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection.
§ 301-345 Severability.
If any clause, sentence, paragraph, section, or part of this article shall be adjudged or determined by any court of competent jurisdiction to be invalid, such judgment or determination shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this article directly involved in said court judgment or determination.
§ 301-346 Purpose and intent.
It is the purpose and intent of the Town Board to establish a process to limit and reduce the amount of deteriorating properties located within the Town, which property is subject to a mortgage which is in default. It is the Town Board's further intent to specifically establish a defaulted mortgage registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties subject to a mortgage or properties subject to mortgages which are in default.
§ 301-347 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning:
Any real property that is under a current notice of default and/or notice of mortgagee's sale, pending tax assessor's lien sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
Any full-time law enforcement officer, building inspector, fire marshal, zoning inspector, or code enforcement officer employed within the Town.
Any condition that, on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation, electricity, water or other utilities turned off, stagnant swimming pool, statements by neighbors, passersby, delivery agents or government agents, among other evidence that the property is vacant.
The process by which a property, placed as security for a mortgage loan, after a judicial process is to be sold at an auction to satisfy a debt upon which the borrower has defaulted.
Any building or structure shall be deemed to be vacant if no person or persons actually currently conducts a lawfully licensed business, or lawfully resides or lives, in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, nontransient basis.
§ 301-348 Applicability.
This article shall be considered cumulative and not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available to the Town above and beyond any other state, county and/or local provisions for same. This article relates to property subject to a mortgage which has been determined by the mortgagee to be in default.
§ 301-349 Penalties for offenses.
Any person, corporation, or entity who shall violate any of the provisions of this article or who shall fail to comply therewith or with any of the requirements thereof shall be guilty of a violation and, upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed or a term of imprisonment for a period not to exceed 15 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be guilty of a violation, and upon conviction a fine not less than $1,000 nor more than $2,500 must be imposed, or a term of imprisonment for a period not to exceed 15 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, shall be guilty of a violation, and a fine not less than $2,500 nor more than $5,000 must be imposed, or a term of imprisonment for a period not to exceed 15 days may be imposed, or both.
§ 301-350 Registration of real property with mortgage-in-default.
A.
If the property is occupied but remains in default, it shall be inspected by the mortgagee, or said mortgagee's designee, monthly until the mortgagor or other party remedies the default.
B.
Within 10 days of date that the mortgagee declares its mortgage on a particular parcel of real property to be in default, the mortgagee shall inspect and register the real property with the Town's mortgage-in-default registry. The mortgagee declares its mortgage on a particular parcel of real property to be in default as evidenced by the filing of a lis pendens or similar court action. The mortgagee shall include in the registration if the property is vacant or occupied.
[Amended 12-19-2023 by L.L. No. 25-2023]
C.
Mortgage-in-default registration. Registration pursuant to this section shall contain the name of the mortgagee and mortgage servicer; the direct mailing address of the mortgagee and servicer, e-mail address and telephone number; the name and address, e-mail, and telephone number of a local property manager who shall be responsible for the inspection, security and maintenance of the property. The local property manager named in the registration shall be located and available within Suffolk and Nassau counties Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and lunch hours excepted, to be contacted by the Town.
D.
An annual nonrefundable registration fee in the amount of $75 per property shall accompany the mortgage-in-default registration form(s). Subsequent annual registrations of defaulted properties and fees in the amount of $75 are due within 10 days of the expiration of the previous registration.
[Amended 12-19-2023 by L.L. No. 25-2023]
E.
This section shall also apply to properties that have been the subject of foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
F.
Properties subject to this section shall remain under the annual mortgage-in-default registration requirement, inspection, security, and maintenance standards of this section as long as they remain in default.
[Amended 12-19-2023 by L.L. No. 25-2023]
G.
Any person or other legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
H.
Failure of the mortgagee and/or property owner of record to properly register or to revise from time to time the registration to reflect a change of circumstances as required by this article is a violation of the Town Code and may result in a citation by the Town's code enforcement division.
§ 301-351 Maintenance requirements.
A.
Properties subject to this article shall be kept free of weeds; overgrown brush; dead vegetation; trash; junk; debris; building materials; any accumulation of newspapers, circulars, flyers, and notices, except those required by federal, state, or local law; discarded personal items, including, but not limited to, furniture, clothing, and large and small appliances; printed material; or any other items that give the appearance that the property is abandoned or not being properly maintained.
B.
The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior-grade paint that matches the color of the exterior structure.
C.
Yards shall be landscaped and maintained pursuant to the standards previously established in this Code.
D.
Pools and spas shall be kept in working order so that pool and spa water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements and any other requirements of this Code and the New York State Building Code and New York State Property Maintenance Code, as amended from time to time.
E.
Failure of the mortgagee and/or property owner of record to properly maintain the property is a violation of the Town Code and may result in citation by the Town's code enforcement division.
§ 301-352 Security requirements.
A.
Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property and/or structure. Broken windows shall be secured by reglazing or boarding of the window.
C.
If a mortgage on property is in default and has become vacant, the local property manager or mortgagee must perform weekly inspections to verify compliance with the requirements of this section and any other applicable laws or Town ordinances.
D.
Failure of the mortgagee and/or property owner of record to properly inspect and secure the property, and post and maintain the signage noted in this section, is a violation of this Code and may result in a citation by the Town's code enforcement division.
§ 301-353 Opposing or obstructing enforcement officer; penalty.
[Amended 2-5-2019 by L.L. No. 3-2019]
Whoever opposes, obstructs or resists any enforcement officer, zoning inspector, building inspector, fire marshal, or any person authorized by the Code Enforcement Division, in the discharge of duties as provided in this article, upon conviction may be punished as provided in § 301-349 of the Town Code, or New York State Penal Code § 195.05.
§ 301-354 Immunity of enforcement officer.
Any enforcement officer, or any person authorized by the Code Enforcement Officer, shall be immune from prosecution, civil or criminal, for reasonable, good-faith entrance upon real property while in the discharge of duties imposed by this article.
§ 301-355 Additional authority.
The Code Enforcement Officer shall have authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent a decline of the property.
§ 301-356 Supplemental provisions.
Nothing contained in this article shall prohibit the Town from enforcing its codes by any other means, including, but not limited to, abatement as otherwise provided by the Town Code.