[Added 9-22-1987; amended 9-25-1989; 4-3-1990; 10-2-1990 by L.L. No. 2-1990; 10-15-1991; 12-17-1991; 8-2-1994; 4-15-1997; 5-20-1997; 7-21-1998; 5-15-2001 by L.L. No. 8-2001; 3-5-2002 by L.L. No. 6-2002; 6-18-2002 by L.L. No.
23-2002]
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.
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.
[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.
[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]
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.
[Amended 10-2-2019 by L.L. No. 19-2019]
(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.
[Amended 10-2-2019 by L.L. No. 19-2019; 3-22-2023 by L.L. No. 4-2023]
(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.
[Amended 10-2-2019 by L.L. No. 19-2019; 3-22-2023 by L.L. No. 4-2023]
(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:
[Amended 3-22-2023 by L.L. No. 4-2023]
(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.
[Added 3-22-2023 by L.L. No. 4-2023[1]]
[1]
Editor's Note: This local law also renumbered former Subsection
B(5) and (6) as Subsection B(6) and (7), respectively.
(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.
[Amended 10-2-2019 by L.L. No. 19-2019; 3-22-2023 by L.L. No. 4-2023]
(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. 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 six-month extension period, 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.
[Amended 10-2-2019 by L.L. No. 19-2019; 3-22-2023 by L.L. No. 4-2023]
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.
[Amended 3-22-2023 by L.L. No. 4-2023]
(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.
[Amended 10-2-2019 by L.L. No. 19-2019; 3-22-2023 by L.L. No. 4-2023]
(4)
The site plan shall be drawn to the following minimum scales:[2]
(a)
Overall development plan sites of less than two acres: one inch
equals 20 feet.
(b)
Overall development plan, sites of two acres or more: one inch
equals 40 feet.
(c)
Detailed portions of a site plan, sites of any size: one inch
equals 10 feet.
[2]
Editor's Note: Former Subsection C(4), regarding revisions
to an approved final site plan, was repealed 3-22-2023 by L.L. No. 4-2023. This local law also renumbered former Subsection C(5) as Subsection
C(4).
(5)
[3]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.
[Amended 11-5-2014 by L.L. No. 17-2014; 11-1-2016 by L.L. No. 33-2016]
D.
[4]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.
[4]
Editor's Note: Former Subsection D, Further processing, was
repealed 3-22-2023 by L.L. No. 4-2023. This local law also redesignated
former Subsection E as Subsection D.
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.
[Added 3-22-2023 by L.L. No. 4-2023[5]]
F.
Inspections.
[Amended 5-16-2018 by L.L. No. 11-2018]
(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.
[Amended 3-22-2023 by L.L. No. 4-2023]
(d)
Post-construction prior to the issuance of a certificate of
occupancy and/or certificate of compliance, as appropriate.
[Amended 3-22-2023 by L.L. No. 4-2023]
(2)
An inspection fee of $250 per inspection must be paid prior
to each inspection and/or reinspection.
G.
Fees.
[Amended 5-16-2018 by L.L. No. 11-2018; 8-21-2018 by L.L. No. 17-2018; 6-2-2021 by L.L. No. 2-2021; 5-18-2022 by L.L. No. 4-2022]
(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)
[6]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.
[6]
Editor's Note: Former Subsection G(4), regarding revisions
to a site plan, was repealed 3-22-2023 by L.L. No. 4-2023. This local law also
renumbered former Subsection G(5) through (7) as Subsection G(4) through
(6), respectively.
(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.
[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.
[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.
