[HISTORY: Adopted by the Town Board of the Town of Riverhead 1-3-2024 by L.L. No. 1-2024. Amendments noted where applicable.]
A. 
On November 3, 2003, by Resolution No. 1175, the Riverhead Town Board (hereinafter "Town Board"), issued a findings statement pursuant to 6 NYCRR 617.11 and adopted the Town of Riverhead Comprehensive Plan pursuant to § 272-a of the Town Law. The adopted 2003 Comprehensive Plan envisioned a "Dynamic office/industrial center in and around Enterprise Park at Calverton (Town of Riverhead Comprehensive Plan, 2-1)." The Hamlet of Calverton (zip code 11933) contains a substantial amount of the industrial-zoned lands in the Town of Riverhead, including those lands that are zoned Industrial A, Industrial B and Industrial C.
B. 
At present, the Hamlet of Calverton is characterized as containing a mixture of farmland, open space, single-family homes, as well as small- to moderate-scale commercial development. As a result of the adoption of the 2003 Comprehensive Plan and its appurtenant code amendments, Planning staff estimates that pursuant to existing zoning and dimensional regulations, approximately 12,000,000 square feet of industrial space could be developed within the Hamlet of Calverton within the Industrial A, Industrial B and Industrial C Zoning Use Districts, excluding lands which are already developed with or are slated for commercial solar energy production facilities, lands such as Robert Cushman Murphy County Park, Canoe Lake, and land from which development rights have been purchased. Additionally, much of the aforementioned industrially zoned lands within the Hamlet of Calverton are not located in either the Town of Riverhead Water District nor are they located within the Riverhead Sewer District. Furthermore, these lands are largely located within Groundwater Management Zone III, which is categorized as a deep-charge zone, with an allowable sanitary density of 300 gallons per day per acre, which allows approximately 7,500 square feet of floor area per acre. In contrast, the current zoning regime allows up to 40% lot coverage, which translates to an allowable as of right build-out of 17,424 square feet per acre. Finally, much of the Hamlet of Calverton is identified as being situated within an Environmental Justice Area, pursuant to the criteria established by the New York State Department of Environmental Conservation, as outlined in Commissioner Policy No. 29, issued by the New York State Department of Environmental Conversation on March 19, 2003.
C. 
The current unprecedented industrial growth within the Hamlet of Calverton, including the following applications with associated improvements: a logistics center which proposes and approximately 641,000 square feet building; an industrial subdivision of a 130-acre parcel with a potential buildout in excess of 1,500,000 square feet; a self-storage and transportable containerized self-storage facility which includes 152,000 square feet of building area; and the expansion of an existing industrial development to include an additional 74,650 square feet building, coupled with the above-referenced factors have the potential to create significant impacts to air-quality, traffic congestion, water supply infrastructure, and other potentially significant environmental impacts as well as the potential to cause large-scale loss of some of the last remaining forested areas within the hamlet; loss, isolation or fragmentation of remaining open spaces; and loss or isolation of farmland and its prime agricultural soils. Furthermore, the present level of industrial growth has the potential to disproportionally affect the low income and minority population residing in proximity to these developments within the Hamlet of Calverton, an identified environmental justice area.
D. 
The Town Board acknowledges that it is currently in the process of updating the Comprehensive Plan and has retained BFJ Planning to conduct this update. In furtherance of this point the Town Board recognizes that proper planning requires a carefully thought-out review process and analysis that balances the need for job creation and economic growth while preserving the rural character, natural environment, agricultural land and agricultural heritage which defines the Town as whole as well as the Hamlet of Calverton. The Town Board finds time is needed to study through its various departments and such other experts or resources the Town may deem appropriate, including but not limited to BFJ Planning industrial development with the Hamlet of Calverton.
E. 
As part of the ongoing Comprehensive Plan update, the Town's transfer of development rights (TDR) program is expected to be entirely revamped to ensure that the program is effective such that it serves the public's interest by preserving local farmland without direct cost to the taxpayers of the Town. In order to accomplish this goal, the Town requires additional time to complete the Comprehensive Master Plan update so that new formulas for the TDR program can be developed and implemented. Should the Town allow the currently proposed development to proceed, the opportunity to incorporate these new TDR formulas into the code will be lost as well as the opportunity to preserve prime farmland. Accordingly, it is appropriate to briefly suspend development temporarily through a moratorium to ensure that the modifications to the TDR program can be developed and implemented to best protect the Town's farmland and the agricultural economy.
F. 
Thus, a moratorium is necessary and in the public interest to preserve the status quo while the Town, through its various departments and experts, including but not limited to BFJ Planning, assesses, evaluates and determines appropriate measures or regulations to minimize or mitigate any potential negative impacts, as well as evaluate consistency with the existing and update to the Town's Comprehensive Plan as it relates to development applications located within the Industrial A, Industrial B, and Industrial C Zoning Use Districts within the Hamlet of Calverton (zip code 11933). This moratorium will allow for the study, development and implementation of measures to protect the rural character, open space and farmland in conjunction with industrial development.
G. 
Additionally, the moratorium will afford the Town the opportunity to study the currently unprecedented industrial development within the Hamlet of Calverton, and allow for Town decisionmakers to engage in a comprehensive analysis as well as review, draft and adopt amendments for any new, resultant laws that may arise during the planning process. This moratorium shall be enacted for a period of six months from the effective date herein so that the processing, reviewing, and/or the taking of any action on any development applications, including but not limited to site plan applications and special permit applications, located within the Industrial A, Industrial B, and Industrial C Zoning Use Districts within the Hamlet of Calverton (zip code 11933) shall be suspended during this time period.
Neither the Town Board, Planning Board, Zoning Board nor any Town department shall process, review, and/or take any action on any development applications, including but not limited to site plan applications, special permit applications, major subdivision applications, industrial subdivision applications, as well as applications for use and area variances located within the Industrial A, Industrial B, and Industrial C Zoning Use Districts within the Hamlet of Calverton (zip code 11933) during the moratorium period Additionally, no applications shall be accepted pursuant to Chapter 301, Article XXVII, establishing receiving sites for Pine Barrens credits and other identified development credits during the period of the moratorium established herein.
This chapter shall apply for a period of six months from the effective date hereof. This chapter shall expire after said six-month period unless and until this time period is extended by the Town Board after adoption of a subsequent local law or amendment hereto.
The following are excluded from this article:
A. 
Applications that are Type 2 actions pursuant to 6 NYCRR Part 617 (SEQRA) and Chapter 225 of the Riverhead Town Code.
B. 
Commercial communication antenna co-location, replacement, and placement or replacement of associated accessory structures on existing approved wireless communication facilities.
C. 
Site plan applications that have received final approval by the approving governing body prior to the effective date of the moratorium. Final approval shall mean the adoption of a resolution by either the Town Board or Planning Board.
D. 
Lot line modifications that do not require dimensional relief.
E. 
Applications where a positive findings statement has been issued pursuant to 6 NYCRR Part 617 (SEQRA) by the governing body prior to the adoption of the moratorium.
A. 
This chapter is adopted pursuant to Municipal Home Rule Law 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 and 274-b of the Town Law of the State of New York. Furthermore, this chapter shall supersede the New York State Environmental Conservation Law §§ 3-0301, Subdivisions 1b and 2m, 8-0107 and 8-0113 and 6 NYCRR Part 617 also known as the "State Environmental Quality Review Act" (SEQRA) as it pertains to applications that are neither excluded nor exempt from this chapter. In particular, this chapter shall supersede and suspend those provisions of the Town Code and New York State Law which require the Town Board and the Planning Board to accept, process and approve commercial solar energy system applications within certain statutory time periods. In addition, this chapter 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 and the Planning Board to accept, process and approve site plan and special permit applications. Furthermore, this chapter shall supersede and suspend those provisions of the Town Code and the New York State Town Law which grant the Zoning Board of Appeals authority to hear appeals from applicable zoning provisions and specifically the time frames for decision making and holding hearings for decisionmaking.
B. 
Pursuant to 6 NYCRR § 617.5(c)(30), a local law to implement a moratorium is a Type II action under the New York State Environmental Quality Review Act ("SEQRA"), which has been determined not to have a significant impact on the environment or is otherwise precluded from environmental review under Environmental Conservation Law Article 8, and thus not subject to any further review.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
This chapter shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.