[Added 11-17-1987]
The area known as the "Pine Barrens Protection Zone" within
the Town of Riverhead has been found to be a natural resource area
which includes Pine Barrens vegetation and associated unique wildlife
habitats, wetlands and tributaries which are part of a larger river
estuary exhibiting scenic values and a deep recharge groundwater supply
located over a sole source aquifer. In order to protect the Town of
Riverhead's most significant supply of pure drinking water and to
prevent degradation of identified habitats as well as the surface
water quality of the Peconic River and its tributaries, it is the
intent of this article to provide for development of land at a density
and type which encourages clustering to create open space and demonstrates
protection of identified resources. To fully observe the purpose of
this article, clustered residential developments shall demonstrate
that the disturbance of land shall occur on the least sensitive portion
of the site.
In the Natural Resources Protection District, no building, structure
or premises shall be used or arranged or designed to be used and no
building or structure shall hereafter be erected, reconstructed or
altered, unless otherwise provided in this chapter, except for one
of the following permitted uses and its customary accessory uses:
B.
Special permit uses. In order to ensure the protection of natural
features and habitats and to fully observe the purposes of this article,
the Town Board may approve condominium housing developments and homeowners'
association developments within the Natural Resource Protection District,
provided that the following conditions are met:
(1)
The underlying density of the development does not exceed one
unit per four acres.
(2)
The application for proposed condominium and/or homeowners' association development shall be combined with an application for a cluster development pursuant to Article LIV, Cluster Development, of this chapter, and both will be considered under this provision.
(3)
The Planning Board and/or the Town Board, under these provisions
and the procedures set forth in the Subdivision Regulations of the
Town of Riverhead,[1] may require the following additional data and information
as a basis for approving such condominium subdivisions:
(a)
A complete site plan, showing the location of all landscaping
and other improvements, including dwelling units and first-floor elevations,
and the design of all buildings and structures.
(b)
The text of all filed restrictions on the use of the land and
buildings, including the condominium agreement as approved by the
New York State Attorney General.
(c)
Any other information deemed by either Board, in its discretion,
to be necessary to a reasonable determination of the application.
(d)
Expert testimony by independent engineers or architects, to
be paid for by the applicant.
(4)
Any application made pursuant to the provisions of this section
shall originate by an application to the Town Board, contrary provisions
notwithstanding, and shall be referred to the Planning Board, which
will transmit its recommendations to the Town Board within 60 days
of referral.
(5)
After receipt of the recommendations of the Planning Board,
the Town Board shall hold a public hearing upon public notice as required
by § 265 of the Town Law, and the applicant shall pay all
expenses of said hearing. The Town Board shall determine that:
(a)
The use will not prevent or substantially impair either the
reasonable and orderly use or the reasonable and orderly development
of other properties in the neighborhood.
(b)
The hazards of disadvantages to the neighborhood from the location
of such use at the property are outweighed by the advantage to be
gained either by the neighborhood or the Town.
(c)
The health, safety, welfare, comfort, convenience and order
of the Town will not be adversely affected by the authorized use.
(d)
Such use will be in harmony with and promote the general purposes
and intent of this chapter.
(6)
The Planning Board and Town Board may consider, among other
matters or factors which the Board may deem material, whether:
(a)
The site is particularly suitable for the location of such use
in the community.
(b)
The plot area is sufficient, appropriate and adequate for the
use and the reasonably anticipated operation and expansion thereof.
(c)
The characteristics of the proposed use are not such that its
proposed location would be unsuitably near to a church, school, theater,
recreational area or other place of public assembly.
(d)
Access facilities are adequate for the estimated traffic from
public streets and sidewalks, so as to assure that public safety in
relation to the general character of the neighborhood and other existing
or permitted uses within it and so as to avoid traffic congestion;
and, further, vehicular entrances and exits shall be clearly visible
from the street and not be within 75 feet of the intersection of street
lines at a street intersection, except under unusual circumstances.
(e)
All proposed curb cuts have been approved by the street or highway
agency which has jurisdiction.
(f)
Adequate provisions have been made for emergency conditions.
(g)
Adequate buffer yards, landscaping, walls, fences and screening
are provided where necessary to protect adjacent properties and land
uses.
(h)
Where necessary, special setback, yard, height and building
area coverage requirements or easements, rights-of-way or restrictive
covenants shall be established.
(i)
Where appropriate, a public or semipublic plaza or recreational
or other public area shall be located on the property.
(j)
Adequate provisions are made for the collection and disposal
of stormwater runoff from the site and of sanitary sewage, refuse
or other waste, whether liquid, solid or gaseous or of other character.
(k)
Existing municipal services and facilities are adequate to provide
for the needs of the proposed use.
(l)
The use will tend to generate or accumulate dirt or refuse or
tend to create any type of environmental pollution, including vibration,
noise, light, electrical discharges, odors, smoke or irritants, particularly
where they are discernible on adjacent properties or boundary streets.
(m)
The construction, installation or operation of the proposed
use is such that there is a need for regulating the hours, days or
similar aspects of its activity.
(n)
The proposed use recognizes and provides for the further special
conditions and safeguards required for particular uses as may be determined
by the Town Board or Planning Board.
C.
Accessory uses. Accessory uses shall be as follows:
(1)
Private garages, private boathouses, private greenhouses and
similar accessory buildings which are necessary for residential development.
(2)
A temporary building or shed used during construction of a building
or structure on the premises.
(4)
Boats, trailers, airplanes or seaplanes. Any boat, house trailer,
mobile home, camp trailer, camp car, airplane or seaplane in excess
of 15 feet in overall length shall not be kept or stored in the area
between the street right-of-way and the front line of the main building
projected to the side lot lines on any lot in this residence district
nor within 10 feet of any side lot or rear lot line, and no such boat,
trailer or plane shall be stored or maintained in such manner as to
constitute an attractive nuisance or hazard to children.
No buildings shall be erected nor any lot or land area utilized
unless in conformity with the Zoning Schedule[2] incorporated into this chapter by reference and made a
part hereof with the same force and effect as if such requirements
were herein set forth in full as specified in said schedule, except
as may be hereafter specifically modified.
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed
or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 60 feet from
a side street line, 30 feet from a property line and 10 feet from
any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from
a property line, 10 feet from any other building and 60 feet from
a side street line and rear street line.
(d)
One accessory use with a maximum floor area of 144 square feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 40 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height, which may be erected on other lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height, which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate
to the use of a park or playground, the building shall be erected,
reconstructed or altered in conformity to the requirements hereof
for a main building.
No dwelling shall be erected unless provisions shall be made
therein as follows:
A.
For residential dwellings, exclusive of attached garages, carports,
unenclosed porches and breezeways, there shall be provided not less
than 1,200 square feet of living area for the first story, but a maximum
of 300 square feet of area of the second story may be used and applied
to the area requirements for the first story.
This zoning district regulates the development of land which
lies within noise zones as established by the Air Installation Compatible
Use Zone (AICUZ) for the United States Navy Weapons Testing Facility
and within the identified Pine Barrens Zone. In the approval of both
realty subdivisions and condominium maps, the Riverhead Planning Board
shall require covenants which shall identify the existing noise zones
and fire climax areas within the Pine Barrens Zones.
