[Added 8-18-2020 by L.L.
No. 2-2020[1]]
[1]
Editor's Note: This article was originally adopted as Article LIII, §§ 301-284 through 301-289, but was renumbered as Article LIIB, §§ 301-283.12 through 301-283.17, because the chapter already contained an Article LIII and §§ 301-284 through 301-289.
The Town of Riverhead, together with New York State, its departments
and agencies, and counties, towns and villages throughout the state,
recognize that our water systems are vital assets. The water system
challenges include water-source contamination; constraints on water
supplies due to climate change and increasing demand; and necessary
and costly infrastructure improvements due to transmission lines,
pumps and treatment facilities susceptible to deterioration, together
with limits on available funding. Water conservation will assist the
Town of Riverhead in maintaining a supply-demand balance and realize
other benefits, including but not limited to greater efficiency and
appropriate expenditures for expansion of water supplies by allowing
existing water supplies to serve increasing populations; alleviation
of competing demands for water resources; and, increased ability to
handle emergencies, such as drought, mechanical failure and water
contamination. While there are many different and effective ways to
minimize water use within residential, commercial and institutional
buildings, including plumbing fixtures with flow restrictions, water
conserving toilets, water pressure control devices, at peak demand
outdoor water use represents nearly 75% of total water demand for
lawn, landscape and garden watering, the Town, by this article, seeks
to require landscape designs to require less water by incorporating
xeriscape landscape techniques, including reducing turf area, planting
drought-tolerant or low-water-using species, creation of stormwater
gardens and other planned methods for protection of infrastructure
and water aquifer, and installation of low volume and smart controlled
irrigation systems.
The Town of Riverhead has demonstrated its commitment and desire
to be a sustainable community. The purpose of establishing landscape
designs which utilize best management practices and incorporate xeriscape
techniques, together with low volume and smart controlled irrigation
systems, is intended to further this commitment by improving and maintaining
the health of our waters, and reducing the stress on our infrastructure.
As used in this article, the following terms shall have the
meanings indicated:
A valve, located under a sprinkler head and installed lower
than the lowest head on the system, to hold water in the system when
not in use so it minimizes drainage from the lower elevation sprinkler
heads.
The depth of water applied to a given area, usually measured
in inches per hour.
The portion of water supplied by the irrigation system to
the landscape.
A mechanical or solid state timer capable of operating valve
stations to set the days and length of time of a water application.
A safety device used to prevent pollution or contamination
of the water supply due to the reverse flow of water from the irrigation
system.
A design or practice employed with the primary objective
to minimize adverse water quality impacts, preserve beneficial features
on-site, avoid downstream erosion and habitat loss, maintain natural
base flows and groundwater recharge, prevent downstream flooding,
provide multiple uses of drainage and stormwater drainage facilities,
and/or provide for the economical, safe and aesthetically pleasing
drainage system for development.
A landscape professional having successfully completed the
examination for, and continuously maintains their status in, the Certified
Nursery Professional Program administered by the New York State Nursery
and Landscape Association.
A planting which can survive on minimal water from natural
rainwater. (See Cornell University Integrative Plant Species Guidance
Documents.)
A project where the site is intentionally altered to establish
a defined, indigenous, historic ecosystem.
Detect and report high flow conditions created by system
damage or malfunction.
A plant that will require regular irrigation for adequate
appearance, growth and disease resistance.
Non-native (or alien) to the ecosystem under consideration
and whose introduction causes or is likely to cause economic or environmental
harm or harm to human health.
Supplied with equipment that can apply water from an irrigation
system.
The measurement of the amount of water beneficially used
divided by the amount of water applied. Irrigation efficiency is derived
from measurements and estimates of irrigation system characteristics
and from management practices. An example of how estimating can be
done is by comparing water meter readings to estimated water need
over a period of time, such as a billing period.
A complete connection of system components, including the
water source, the water distribution network, controller and the necessary
irrigation equipment.
The total cumulative area of the portions of a project development
site to be improved with planting and irrigation. It includes water
bodies supplied with water, such as fountains, swimming pools and
ponds, but does not include natural open spaces and nonirrigated stormwater
treatment areas (e.g., a detention pond or nonirrigated bioswales),
building footprints, walkways, decks, patios, driveways, nonirrigated
synthetic turf, nonirrigated portions of parking lots, and other nonirrigated
hardscape areas.
An individual licensed by the New York State Department of
Education's Office of Professionals, to perform services further described
in Title VIII of the New York State Education Law.
The application of irrigation water at low pressure through
a system of tubing or lateral lines and low volume emitters which
may include but are not limited to drip, driplines, micro-sprayers,
and bubblers and which target small volumes of water at or near the
root zone of plants.
A plant that can survive throughout the year with little
irrigation and is semi-drought-tolerant.
A device in wired or wireless communication with the automatic
controller that shuts off the irrigation system when it rains.
The irrigation system shall deliver water at a rate compatible
with the site's soil types and infiltration rates. All irrigation
systems shall be designed to avoid runoff, low head drainage, overspray,
or other similar conditions where water flows onto adjacent property,
nonirrigated areas, walks, roadways or structures. Proper irrigation
equipment and schedules, including features such as repeat cycles,
shall be used to closely match maximum application rates to infiltration
rates.
An electronic automatic irrigation controller that is weather-
or soil-moisture-based with a timing device used to operate remote
control valves that operate an irrigation system, which schedules
irrigation events using evapotranspiration (weather-based) data such
as that from the California Irrigation and Management Information
System (see definition of "CIMIS") and/or data from an integral or
auxiliary soil moisture or rain sensor, and which may also include
a high flow sensor for high flow damage or malfunction control.
An instrument for measuring the moisture content of the soil
and capable of interruption of the irrigation cycle sensor when excessive
moisture is detected.
Quality landscapes that conserve water and protect the environment
and are adaptable to local conditions and which are drought tolerant.
The principles of xeriscape include planning and design, appropriate
choice of plants, soil analysis which may include the use of solid
waste compost, efficient irrigation, practical use of turf, appropriate
use of mulches, and proper maintenance.
A.
This article shall apply to all of the following development application/projects:
(1)
Application for building permit for new development of a single-family,
two-family or multifamily residential structure or an addition, renovation,
alteration or improvement of an existing single-family, two-family
or multifamily residential structure increasing square footage by
25% or that increases the existing lot area coverage by 25% or greater;
and
(2)
Application for minor and major subdivision, including development
of each individual residential lot and all landscaped common areas
(NOTE: A land division without proposed development improvements shall
not require a landscape design); and
(3)
Application for site plan and special permits, including applications
for expansion of existing commercial and industrial sites.
B.
The following development applications/projects are exempt from the
requirements of this article:
(1)
Agricultural and horticultural commerce (for example, commercial
activities, such as farming of grains, wine grapes, vegetables, fruit
and nut trees and other agricultural crop production; greenhouses;
nurseries; and floriculture facilities); and
(2)
Plant collections, as part of botanical gardens and arboretums
open to the public; and
(3)
Ecological restoration projects; and
(4)
Community gardens open to the public.
A.
All applicants seeking a permit or approval of a site improvements or development project identified in § 301-283.15A above shall provide a landscape design to include and be installed meeting the following criteria:
(1)
All landscape designs shall employ best management practices
and include a minimum of 15% of the total landscaped area xeriscape
or drought-tolerant or low-water-using plantings of the total landscaped
areas; and
(2)
All landscape designs which include the installation of irrigation
system(s), be it at the time of issuance of the building permit or
at any and all times after issuance of building permit, shall adhere
to the following requirements:
(a)
Low-volume irrigation shall be used in all landscaped areas
less than eight feet in width in any direction; mulched areas; areas
within 24 inches of a nonpermeable surface unless no runoff occurs
or the adjacent nonpermeable surface drains entirely to permeable
surfaces capable of admitting and retaining the irrigation runoff;
and, on slopes greater than 25% (where "25%" means one foot of vertical
elevation change for every four feet of horizontal length), unless
an alternative design having the effect of low-volume irrigation (e.g.,
micro-sprayers) and which will avoid runoff and erosion is approved
by the Director of the Planning and Building Department, Planning
Board or Town Board; and
(b)
Smart irrigation controllers shall be required for all irrigation
systems and must be able to accommodate all aspects of the design.
Individual controllers irrigating an area of 10,000 or more square
feet shall be installed with a rain sensor(s) which shall be properly
installed (e.g., in a location suitable for detecting rain without
interference from structures and irrigation spray); and
(c)
Irrigation systems shall not be planned, installed or operated
so as to permit water to spray on public sidewalks, paved areas or
neighboring parcels. No underground piping shall be laid within the
Town highway right-of-way; and
(d)
Nothing in this section shall be construed to limit, restrict
or prohibit irrigation of any sort which is accomplished by obtaining
water by means that would not deprive or otherwise retard recharge
of the US EPA designated sole source aquifer system under the Safe
Water Drinking Act.
B.
The landscape design package referenced in § 301-283.16A shall be prepared by an architect, landscape architect or certified nursery professional licensed by New York State in good standing, containing and satisfying the conditions and elements above and submitted with the building permit application, site plan application, special permit application or subdivision application. Notwithstanding the above, applicants seeking a building permit for an addition, renovation, alteration or improvement of an existing single-family, two-family or multifamily residential structure increasing square footage by 25% or increases the existing lot area coverage by 25% or greater shall not be required to retain an architect or landscape architect and instead the applicant may prepare and submit a landscape plot plan, depicting the location of planting and identification of plant/tree species.
C.
The Superintendent of the Water District may require a site plan,
special permit or subdivision applicant to submit a copy of the water
budget calculations required by the project as part of the landscape
design plan.
D.
Upon approval of the landscape design plan, the applicant shall be
required to file a covenant agreeing to maintain the landscape design
plan in conformance with generally acceptable landscaping practices
and standards. The applicant shall authorize periodic inspections
upon reasonable notice. This covenant shall run with the land in perpetuity
and shall be binding upon any and all successors in interest.
This article shall take effect immediately upon filing with
the Secretary of State.
