[Amended 6-15-1976]
This chapter shall be enforced by the Zoning Officer of the
Town of Riverhead.
[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]
[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]
[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.
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.
