Town of Riverhead, NY Administration and Enforcement of Uniform Code

Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Part 1, have the meanings defined herein.

Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

Terms defined in other codes. Where terms are not defined in this Code and are defined in the "Uniform Code," such terms shall have the meanings ascribed to them.

Terms not defined. Where terms are not defined through the methods authorized by this Part 1, this Code or by the Uniform Code, such terms shall have the ordinarily accepted meanings such as the context implies.

ACCESSORY STRUCTURE OR BUILDING

Definitions. As used in this Part 1, the following terms shall have the meanings indicated:

See § 301-3 of this Code, specifically "accessory building, structure or use."

ADDITION

Any construction which results in an extension or increase in floor area, number of stories, or height of a building or structure. For the purposes of this definition, an addition shall also mean adding any components, devices or equipment to an existing electrical, plumbing or mechanical system within or upon any building, structure or premises.

ALTERATION

Any construction or renovation to an existing building or structure other than an ordinary repair or addition as defined herein. Alterations are further identified pursuant to the Uniform Code and classified as Level 1, Level 2 and Level 3. For the purposes of this definition, an alteration shall also include altering the location or the addition of any electrical, plumbing or mechanical system components or devices with regard to their existing location within or upon any building, structure or premises.

ALTERED

See "alteration."

APPROVED

Acceptable to the Code Enforcement Official or other authority having jurisdiction.

BUILDING

A structure having a roof supported by walls that is used, or designed or intended to be used, for human habitation or occupancy.

BUILDING DEPARTMENT ADMINISTRATOR

See "Building Inspector" as defined herein.

BUILDING INSPECTOR

An employee of the Town of Riverhead Building Department who currently holds the title and certification of "New York State Code Enforcement Official," as designated by the Department of State Division of Code Enforcement and Administration, who is charged with the administration and enforcement of this Part 1.

CHANGE OF OCCUPANCY

A change in the purpose or level of activity within a building, structure or premises that involves a change in application of the requirements of the Uniform Code and/or this Code.

CODE

The Code of the Town of Riverhead.

CODE ENFORCEMENT OFFICIAL

The officer or other designated authority that currently holds the title and certification of "New York State Code Enforcement Official," as designated by the Department of State Division of Code Enforcement and Administration, who is charged with the enforcement of this Part 1.

CONSTRUCTION

To form, by assembling or combining any materials, by building or erecting.

CONSTRUCTION TRAILER

A portable building designed to be transported, after fabrication, on its own wheels or on a flatbed, used primarily as a temporary office for the purpose of monitoring construction at a construction site.

DEMOLITION

The act of removing structural components, as defined in this Part 1, and/or the removal of any electrical, plumbing or mechanical system within a building or structure by disassembling or tearing down.

DWELLING

Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied, for living purposes.

DWELLING UNIT

A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units include, but are not limited to, one-family dwellings, each unit in a two-family dwelling, each unit in a multiple single-family dwelling (townhouse), and bed-and-breakfast dwellings.

ELECTRICAL INSPECTOR

An employee of the Town of Riverhead Building Department who currently holds the title of "Electrical Inspector" and certification of "New York State Code Enforcement Official," as designated by the Department of State Division of Code Enforcement and Administration, who is charged with the administration and enforcement of this Part 1.

ENLARGED

See "addition."

EXTENDED

See "addition."

ORDINARY REPAIR

The restoration to good or sound condition of an existing part of any building or structure for the purpose of its maintenance. For the purpose of this definition, an ordinary repair shall not be deemed an alteration, addition, demolition, or new construction or cause the removal of any structural components or result in a change of occupancy as further defined herein. For the purpose of this definition, any ordinary repair performed without the benefit of a building permit and approval thereof shall comply with the Uniform Code and shall not cause any building or structure to become less conforming or less safe than it was prior to the repair.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PREMISES

A lot, plot or parcel of land, easement or public way, including any buildings or structures thereon.

RENOVATION

See "alteration."

REPLACEMENT SIDING

The process of removing existing siding or cladding. Replacement siding or cladding can also be the installation of new siding or cladding over existing siding or cladding. For the purpose of this definition, replacement siding shall not cause any building or structure to become less conforming or less safe than it was prior to the repair.

REROOFING

The process of recovering or replacing an existing roof covering. See "roof re-cover."

RESIDENTIAL PREMISES

Any parcel of real estate, used or intended for residential purposes, whether platted or unplatted, upon which a dwelling or dwelling unit is situated. For the purpose of this definition, a residential premises shall not be a motel, hotel, dormitory or country inn, which are further defined in this Code.[1]

ROOF DECK

The flat or sloped surface, not including its supporting members or vertical supports.

ROOF RE-COVER

The process of installing an additional roof covering over a prepared existing roof covering without removing the existing roof covering.

SIDING

The covering of the outside walls of a building or structure with materials, including, but not limited to, boards, shingles or vinyl, and includes recladding, which is covering of the outside walls of a building or structure with materials, including, but not limited to, masonry, glass, stone, concrete, metal, stucco and fiberglass products.

STRUCTURAL COMPONENT

Components or materials within a building or structure that carry vertical or lateral loads, i.e., live loads, dead loads or snow loads.

STRUCTURE

That which is built or constructed, or a portion thereof.

WALL, RETAINING

A wall not laterally supported at the top that resists lateral soil loads and other imposed loads.

WALLS

(a)

LOAD-BEARING WALLA wall supporting any vertical load in addition to its own weight.

(b)

NONBEARING WALLA wall which does not support vertical loads other than its own weight.

Editor's Note: See Ch. 301, Zoning and Land Development, § 301-3.

§ 217-2 Designation of Superintendent of Buildings.

The Building Inspector is hereby designated as the Superintendent of Buildings under the Code. The Town Board of the Town of Riverhead may appoint a Deputy Building Inspector, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties. Whenever the Building Inspector is absent or unable to act, the Deputy Building Inspector is authorized to perform his functions.

§ 217-3 Restrictions on employees.

No officer or employee of the Building Inspector's office shall engage in any activity inconsistent with his duties or with the interests of the Building Inspector's office, nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Riverhead, except only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.

§ 217-4 Duties and powers of Building Inspector.

Whenever by law, rule or regulation in respect to the Building Code the words "Superintendent of Buildings" are used, they shall be deemed to mean the Building Inspector or his deputy, as the case may be. The Building Inspector shall administer and enforce all rules, regulations, laws and ordinances applicable to the Building Code and to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.

He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from generally recognized and authoritative service and inspection bureaus, provided the same are certified by a responsible official thereof.

Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.

He shall receive and act upon applications pursuant to Chapter 229, Article II, Grading, of the Code, as applicable.

[Added 5-16-1978]

§ 217-5 Building Inspector's records and reports.

The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records, open to public inspection during business hours.

The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 217-6 Application for building permit.

[Amended 12-6-1977; 1-13-1987; 1-17-1995; 5-2-1995 by L.L. No. 3-1995; 3-3-1998; 7-21-1998; 6-19-2007 by L.L. No. 18-2007; 6-17-2008 by L.L. No. 18-2008; 2-22-2012 by L.L. No. 2-2012]

No person, owner, firm, agent, contractor or corporation shall commence any work to be done which may cause an addition, renovation, demolition, alteration, roof deck replacement, new construction or change of occupancy, as defined herein, of any building or structure upon any premises thereof without first obtaining a building or demolition permit, separate and distinct from that required by Chapter 241, Landmarks and Historic Districts, and Chapter 301, Zoning and Land Development, of this Code, from the Building Inspector for each such building or structure where work or construction is being performed.

Unless there is a separate and distinct requirement in Chapter 241, Landmarks and Historic Districts, or Chapter 301, Zoning and Land Development, of this Code, the following are exempted from the provisions of § 217-6:

Ordinary repairs, except that any work to an existing electrical system, device or part thereof must comply with Subsection M, Electrical permits, of this section.

Reroofing.

Roof re-cover.

Replacement siding.

Retaining walls less than four feet in height.

Construction trailers, provided that said trailers are removed upon completion of the work associated therewith or upon the expiration of the building permit, whichever is the latter.

(7)

Nothing herein is intended to conflict with the exemption from obtaining a building permit for accessory buildings and structures set forth in various sections of Chapter 301, Zoning and Land Development, of this Code.

The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Code of the Town of Riverhead.

Application for a building permit shall be made to the Building Inspector on forms provided by him.

Copies of plans and specifications and a plot plan in accordance with the requirements of Chapter 301, Zoning and Land Development, shall accompany every application for a permit and shall be filed in triplicate.

Plans shall be drawn to scale upon substantial paper or cloth, and the essential parts shall be drawn to a scale of not less than 1/8 inch to one foot. In addition, the following dimensions shall be included:

Area of property, as expressed in square feet.

Percentage of building area.

Area of proposed building or addition, as expressed in square feet.

Height (from grade to ridge).

Area of proposed decks, as expressed in square feet.

Private garage, as expressed in square feet.

All plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed and show that the Code will be complied with throughout. Computations, strains sheets, stress diagrams and other data necessary to show the correctness of the plans shall accompany same when required by the Building Inspector.

Application shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.

Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.

Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.

The development of a lot within a residential or agricultural zoning use district and/or located within 150 feet of the boundary of any state or local designated freshwater wetland or 300 feet of the boundary of any state or local designated tidal wetland shall conform to the following standards in the consideration of a building permit:

[Amended 12-30-2014 by L.L. No. 1-2015]

Stormwater runoff or natural drainage shall not be diverted so as to overload existing drainage systems, create flooding, cause erosion or cause the need for additional drainage facilities on other private or public real property.

Adequate drainage facilities for stormwater runoff shall be provided.

Proposed slope embankments along adjoining property lines and street frontages shall have a slope not greater than 33 1/3% unless adequate stabilization or a retaining wall is provided. All slopes shall be adequately stabilized with topsoil and seeding or other approved planting.

Front and rear yards shall have a grade of not more than 5% for a distance of 25 feet, as measured in a horizontal plane from the structure. Side yards shall have a grade of not more than 10% for a distance of 10 feet, as measured in a horizontal plane from the structure. All finished grades within 10 feet of the structure shall pitch away from the structure at a grade rate of not less than 2%.

The required driveway apron shall be a minimum of 1 1/2 feet below the elevation of the finished floor of the proposed structure.

Notwithstanding the foregoing provisions of this section, the Building Department may waive or modify compliance with any of the foregoing minimum standards, subject to appropriate conditions which, in the judgment of the Town Engineer, are not warranted by special circumstances.

(7)

No person, firm or corporation shall commence the installation, extension, modification or removal of any electrical system or parts thereof without first filing an electrical application with the Building Department.

(8)

In addition to the provisions set forth above and in an effort to prevent water pollution, improve water quality and protect our ecosystems, the owner or applicant seeking to perform any renovation which involves a modification of an existing floor plan or any additions which increase the square footage of living area of any one- or two-family dwellings, including accessory structures (e.g., pool house) located within the jurisdiction of tidal or freshwater wetlands within the Town of Riverhead, as defined in Subsection K above, the owner or applicant shall require approval by the Suffolk County Department of Health Services and Town of Riverhead Building Department prior to the issuance of a building permit. The approvals for subsurface sewage treatment systems (SSTS), or such other alternative septic system design types approved by the Suffolk County Department of Health Services and/or New York State Uniform Building Code for one- and two-family dwellings, shall include the calculation of the potential occupancy determined by the number of bedrooms, bathrooms and kitchen facilities, including improvements to existing kitchen facilities. Floor plans for renovations or additions must be reviewed to ensure the total number of bedrooms, potential bedrooms as described in Subsection K(8)(c), bathroom(s) and kitchen facilities and/or kitchen improvements are the same as the original certificate of occupancy.

(a)

If the dwelling and/or accessory structure has a certificate of occupancy issued prior to 1973 or is eligible for a letter of preexisting use and the number of bedrooms, potential bedrooms, bathrooms or kitchen facilities/improvements as described in Subsection K(8)(c) below will increase, a permit from the Suffolk County Department of Health Services Wastewater Management and Town of Riverhead Building Department is required prior to the issuance of a building permit. Note that this provision is intended to make clear that the Town of Riverhead may be more restrictive than the Suffolk County Department of Health Services or New York State Uniform Building Code with respect to requirements for installation or upgrade of SSTS or such other alternative septic systems approved by the Suffolk County Department of Health Services or New York State Office of Planning and Development for renovations, modifications, additions to one- and two-family dwellings located within the jurisdiction of tidal or freshwater wetlands within the Town of Riverhead; however, such upgraded system or alternative system shall not exceed the design or type of sanitary system approved for use in residential structures and/or accessory structures by the Suffolk County Department of Health Services and/or New York State Uniform Building Code.

(b)

If the dwelling and/or accessory structure has a certificate of occupancy issued after 1973 and the number of bedrooms or potential bedrooms, bathrooms, or kitchen facilities as described in Subsection K(8)(c) below will increase to a number greater than four, a permit from the Suffolk County Department of Health Services Wastewater Management and Town of Riverhead Building Department is required prior to the issuance of a building permit. Note that this provision is intended to make clear that the Town of Riverhead may be more restrictive than the Suffolk County Department of Health Services or New York State Uniform Building Code with respect to permit requirements for SSTS or alternative septic systems for renovations, modifications, additions to one- and two-family dwellings located within the jurisdiction of tidal or freshwater wetlands within the Town of Riverhead; however, such upgraded system or alternative system shall not exceed the design or type of sanitary system approved for use in residential structures and/or accessory structures by the Suffolk County Department of Health Services and/or New York State Uniform Building Code.

(c)

Any room which could potentially be used as a bedroom may be considered a bedroom by the Building Department or Suffolk County Department of Health Services. An office, den, playroom, study room, media room and exercise room are rooms not listed as integral to the dwelling. Integral parts of the house that will not contribute to bedroom count include one kitchen, one living room, one dining room, one family room (which may be substituted for an office, den, or study), foyers, garages, or open unfinished basements. In addition, bathrooms, second kitchens, kitchen improvements such as sinks, dishwashers, and laundry equipment which may increase potential flow to the existing septic system may be considered for the calculation of additional living space/bedrooms such that an upgraded SSTS or such other alternative septic system design type approved by the Suffolk County Department of Health Services and/or New York State Uniform Building Code may be required as set forth in the provisions above.

(d)

In the event that the Suffolk County Department of Health Services requires an upgraded SSTS or other alternative septic system design type approved by the Suffolk County Department of Health Services and/or New York State Uniform Building Code, the owner or applicant must comply with all permit requirements set forth in Suffolk County Department of Health Services standards and regulations. In the alternative, in the event that the Building Department determines that installation or upgrade is required pursuant to the provisions above, the Building Department shall issue a referral and request for review/approval to the Suffolk County Department of Health Services, and the owner and/or applicant shall comply with all application procedures of the Suffolk County Department of Health Services, including submission of fees. In addition, the owner and/or applicant shall be responsible for all costs related to all test wells or test borings and such other requirements required by the Suffolk County Department of Health Services.

The Building Department may approve, disapprove or approve with modification the application for a building permit based upon the standards provided for in this Part 1. In the event that the Building Department determines that the information required pursuant to this § 217-6 of the Code of the Town of Riverhead is inadequate to ascertain whether or not the applicant can or will comply or has complied with this Part 1, it may require the applicant to submit to the Building Department a topographical survey prepared by a registered land surveyor or registered professional engineer showing the following:

The existing topography at two-foot intervals.

The proposed regrading plan at two-foot intervals.

Test borings.

The proposed structure or other on-site improvements in sufficient detail to determine compliance with this Part 1.

Elevations of the proposed structures.

Electrical permits.

An application for an electrical permit must be submitted and approved by the Electrical Inspector for the installation, alteration, addition, removal or demolition, as defined in this Part 1, of any electrical systems or parts thereof. Said application shall be made to the Electrical Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Electrical Inspector to establish compliance with the applicable ordinances and regulations and the Uniform Code.

A fee schedule will be determined by resolution of the Town Board of the Town of Riverhead.

Nothing herein shall be construed as prohibiting ordinary repairs, as defined in this Part 1, of an electrical system or device by an owner of residential premises, as defined in this Part 1, on his or her own property.

Consistent with the provisions of Chapter 105, Article I, Accessory Apartment Committee, and Chapter 263, Rental Dwelling Units, the Electrical Inspector shall interpret electrical permit applications for single-family dwelling units and/or their accessory structures which propose the installation of more than one electric meter as being in conflict with the provisions of the Town Code of the Town of Riverhead. Therefore, electrical permit applications proposing the installation of two or more electric meters for single-family dwelling units and/or their accessory structures shall be denied by the Building Department Administrator or his designee, unless the applicant can demonstrate that the location of the principal structure to the accessory structure is such that the electrical service requires two or more meters, and the applicant completes an affidavit attesting to single-family use in conformance with the applicable zoning district. Applicants may seek relief from the denial of such applications based upon this interpretation from the Zoning Board of Appeals.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).

§ 217-7 Issuance of building permit.

The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.

Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.

Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times.

If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

The permit holder or his agent shall keep posted, in a conspicuous place on the work site, the permit card and shall keep the same posted until the completion of the work.

§ 217-8 Demolition permits.

Demolition permits shall be applied for the same as building permits, but with no plans needed. However, specifications and diagrams showing methods to be used for needling or shoring adjacent buildings may be required by the Building Inspector.

§ 217-9 Foundation construction permits.

[Added 11-19-1985]

Foundation construction permits may be issued by the Building Department where architectural plans have been submitted showing the construction of a building in conformity with the requirements of law. Before the issuance of such permits, the applicant shall pay the building permit fee and post a surety bond or cash deposit in an amount equal to 10% of the cost of the construction of the foundation. The proceeds of such surety shall be used by the Town to cause the removal of the foundation if a certificate of occupancy has not been issued for the structure to be erected within one year from the date of issuance of the foundation construction permit. The Building Inspector may extend the one-year period for a maximum of two additional thirty-day periods upon application.

§ 217-10 Land clearing permits.

[Added 8-2-1994; amended 11-20-2007 by L.L. No. 37-2007]

Where site plan review is required pursuant to Chapter 301, Zoning and Land Development, Article LVI, Site Plan Review, no person, firm or corporation shall undertake or carry on any such activity or use, including any grading, clearing, cutting or tree removal associated therewith, without first obtaining a land clearing permit from the Building Inspector.

§ 217-11 Performance of work under building permit.

The performance of work shall conform to the regulations for starting and completion of work as set forth in Chapter 301, Zoning and Land Development.

§ 217-12 Building permit fees.

[Amended 10-7-1969; 1-16-1973; 11-20-1984; 12-4-1984; 12-29-1989; 12-17-1991; 5-20-1997; 3-3-1998; 4-6-1999 by L.L. No. 4-1999; 12-2-2003 by L.L. No. 27-2003; 5-4-2004 by L.L. No. 11-2004; 4-19-2005 by L.L. No. 11-2005; 3-7-2006 by L.L. No. 12-2006; 7-18-2006 by L.L. No. 22-2006; 11-20-2007 by L.L. No. 37-2007; 8-3-2010 by L.L. No. 19-2010; 7-6-2011 by L.L. No. 20-2011; 12-6-2011 by L.L. No. 25-2011; 9-8-2021 by L.L. No. 9-2021]

The Town Board of the Town of Riverhead shall from time to time, by resolution, determine the schedule of fees under the Building Code.

No permit under this Part 1 shall be issued until the fee as shall be prescribed by resolution of the Town Board shall have been paid, nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure shall have been paid.

Construction related to improving access, safety and independent living for the disabled and elderly at entrances to and within buildings shall be exempt from building permit fees. Building permit fees shall be waived for all home modifications related to improving access for persons with mobility impairments, including, but not limited to, ramps and kitchen and bathroom renovations.

The building permit fee shall be waived for all modifications to commercial buildings or places of public accommodation related to removing architectural barriers to access and improving access for persons with mobility impairments, including, but not limited to, ramps and bathroom renovations.

All of the building, plumbing, electrical and other permit fees shall be waived for all residential properties that participate in the upgrade and replacement of existing septic/cesspools with those approved under the County of Suffolk Septic Improvement Program.

Agricultural buildings.

Permanent greenhouses and farm buildings constructed solely for wholesale agricultural use and not as an accessory use to a residence: a flat fee of $250 for any structures 2,000 square feet or less. For structures larger than 2,000 square feet, $0.10 per square foot in addition to the flat fee.

Any structure approved pursuant to this section which is subsequently utilized on a permanent basis for any nonagricultural use or retail shall be subject to pay, nunc pro tunc, the standard building permit fees required for nonagricultural buildings. The owner of said structure shall be required to pay said fees within 30 days of receipt of written notice from the Building Department.

All fees paid under Part 1 of this chapter are nonrefundable.

Residential or commercial energy conservation devices.

Residential or commercial energy conservation devices constructed or installed in or upon a structure which qualify for any federal, state or local tax exemption, tax credit or tax rebate, including, but not limited to, solar panels: a flat fee of $150, except that the residential fee for solar installations that meet the fast-track requirements set forth below shall be $50.

(a)

An applicant shall meet the criteria and submit the information and documentation listed below to be eligible for the fast-track reduced fee and expedited review (14 days):

The proposed solar installation shall be on a residential building or legal accessory structure.

The proposed solar installation shall be on a roof with a single layer of roof covering.

[3]

The proposed solar installation shall be flush-mounted parallel to the roof surface and no more than six inches above the surface.

[4]

The proposed solar installation shall have an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge.

[5]

The proposed solar installation shall create a roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW).

[6]

The applicant must retain services for installation by a prescreened contractor. (See fast-track application terms and conditions.)

[7]

The proposed device, i.e., PV panels, must have been certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703, and inverters must be on a list of New York State Public Service Commission type-tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741. (See solar energy system fast-track permit application requirements checklist.)

[8]

The proposed application must utilize RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors. (See solar energy system fast-track permit application requirements checklist.)

[9]

To the extent the application requires or includes use of other equipment, such as modules, combiner boxes and a mounting system, all equipment and systems must be approved for public use as described in the solar energy system fast-track permit application requirements checklist and shall be in full compliance with all current National Electrical Code (NEC) requirements.

[10]

Applicants subject to review by the Landmarks Preservation Commission or Architectural Review Board are not eligible for the fast-track program.

(b)

The applicant must submit the uniform solar energy system fast-track permit application for standard installations.

(c)

The application must be complete and shall include a professional engineer or registered architect certified drawing of panel location and layout.

A professional engineer (PE) or registered architect (RA) certified drawing (hand-drawn or better) of the solar panel location and layout on the roof as well as an equipment location diagram and a one-line electrical diagram are required.

A PE or RA is required to certify the load-bearing and wind-load sufficiency of the proposed solar installation.

(d)

The applicant shall submit three sets of plans which include:

Cover sheet must include the following:

[a]

Project address, map, and section, block and lot number of the property;

[b]

Owner's name, address, and phone number;

[c]

Name, address and phone number of the person preparing the plans;

Sheet index indicating each sheet title and number;

[3]

Legend for symbols, abbreviations and notations used in the drawings;

[4]

Configuration diagrams prepared by a professional engineer or registered architect which are sketched (hand-drawn or better) as follows:

[a]

Roof diagram, depicting modules or collectors and racking configuration on designated surface(s), to scale and dimensioned. The diagram should include any eighteen-inch clearance/access required as noted in the fast-track permit requirements checklist criteria;

[b]

Equipment location diagram, indicating the location(s) of:

[i]

The modules or collectors;

[ii]

The main electrical service;

[iii]

Inverter(s);

[iv]

All equipment disconnects on the outside of the structure (i.e., A/C disconnect);

[v]

Any interior equipment;

[c]

A one-line standard electrical diagram.

[5]

A new property survey is not required, but if the solar energy system is proposed for an accessory structure on the residential property, the property owner will have to provide an existing survey and demonstrate that the accessory structure is legal.

(e)

After approval of an application for solar panel construction and/or installation, the applicant shall be required to affix a warning label on all utility meters and at any alternating current (AC) disconnect switch, indicating that there is an operating solar electric co-generation system on site.

(f)

The Town must create and keep a registry, by address, of all residential and commercial energy devices, including solar installations.

Duplicate inspection fee. The Building Inspector may charge a duplicate inspection fee for any inspection that must be repeated due to the failure of the applicant to meet the inspection criteria. The duplicate inspection fee for residential properties shall be $200. The duplicate inspection fee for commercial properties shall be $350.

Preconstruction fee. If any land clearing or building or commencement of any construction activity is without the benefit of applicable Town permits, then all fees associated with any land clearing or building or construction activity will be waived for a ninety-day period and thereafter will be double the otherwise applicable fee for all permits as provided by the Town Code.

§ 217-13 Revocation of building permit.

The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:

Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.

§ 217-14 Stop orders.

[Amended 1-4-2005 by L.L. No. 1-2005]

Whenever the Building Inspector has reasonable grounds to believe that work on any building, structure, or any type of land clearing is being performed in violation of the provisions of the Uniform Building Code of the State of New York, Chapter 301, Zoning and Land Development, of the Code of the Town of Riverhead, or if work being done is not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or if work is being done in an unsafe and dangerous manner, he or she shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building and/or land clearing activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon the person or entity to whom it is directed, either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction or on the site and sending a copy of the same by registered mail to such person. 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.

§ 217-15 Right of entry.

Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 217-16 Certificate of occupancy required.

No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy or temporary certificate of occupancy as set forth in § 301-318D shall have been issued by the Building Inspector in addition to any which may be required under Chapter 301, Zoning and Land Development.

[Amended 12-15-2009 by L.L. No. 67-2009]

No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy or temporary certificate of occupancy as set forth in § 301-318D shall have been issued by the Building Inspector in addition to any which may be required under Chapter 301, Zoning and Land Development.

[Amended 12-15-2009 by L.L. No. 67-2009]

No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector in addition to any which may be required under Chapter 301, Zoning and Land Development.

§ 217-17 Record of violations.

There shall be maintained in the Building Inspector's office a record of all findings of violations of this law and Code.

§ 217-18 Issuance of certificate of occupancy.

A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application, and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued.

The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable buildings laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

The certificate of occupancy provided for in this section is in addition to any which may be required under Chapter 301, Zoning and Land Development.

§ 217-19 Tests for proof of compliance.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 217-20 Penalties for offenses.

It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this Part 1 or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.

For any and every violation of the provisions of this Part 1, 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 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, shall, upon conviction thereof, be liable to a fine or penalty not exceeding $500 for each and every violation. Whenever such person has received written notice from the Building Inspector that such violation exists or is being committed, each day subsequent to the receipt of such notice that such violation continues shall constitute a separate and distinct violation of this Part 1. Any violation of this Part 1 or any part thereof shall constitute disorderly conduct, and any person violating the same shall be a disorderly person.

[Amended 12-29-1989]

Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of the New York State Uniform Fire Prevention and Building Code or any order, notice, directive, permit or certificate of the Building Inspector made thereunder shall, upon conviction thereof, be punishable by a fine of not more than $500 or 30 days in jail, or both. Each day that a violation continues after receipt of written notice of the same shall be deemed a separate offense.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).

This section shall not apply to violations of the provisions of the New York State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).

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 Part 1; and any other remedies which the Town Attorney may deem necessary and proper.

[Added 8-15-2006 by L.L. No. 30-2006]

Any person found to have violated any of the provisions of this Part 1 shall be subject to a civil penalty.

Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this Part 1 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 Part 1.

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.

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 collectible by a tax assessment against the property on which said violation occurred.

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.

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.

§ 217-21 Abatement of violations.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section.[1]