[Amended 12-27-2012 by L.L. No. 33-2012; 10-1-2013 by L.L. No.
13-2013]
A. The Accessory Apartment Committee shall consist of the Town Building
and Planning Administrator or his/her designee and the Chief Building
Inspector or his/her designee.
[Amended 11-1-2016 by L.L. No. 31-2016]
B. The Accessory Apartment Committee shall issue an accessory
apartment permit in the manner of all other applications for building
permits.
C. The Accessory Apartment Committee shall adopt rules
necessary to the conduct of its affairs in keeping with the provisions
of this article.
D. All applications made to the Committee shall be in writing, on forms
prescribed by the Committee.
[Amended 10-1-2013 by L.L. No. 14-2013]
E. The following shall be submitted with such application:
[Amended 10-1-2013 by L.L. No. 14-2013]
(1) A valid certificate of occupancy issued at least three
years prior to the date of application.
(5) Three surveys giving the exact description and location
of property with all existing and proposed structures and setback
from all property lines.
F. Revocation. The Accessory Apartment Committee shall
retain the right to revoke any accessory apartment permit issued hereunder
should the applicant or applicant's tenant violate any provision of
this article, any condition imposed upon the issuance of the accessory
apartment permit, or violation of the provisions of the Town Code
of the Town of Riverhead. Said revocation shall be after notice is
given by certified return receipt mail to the applicant and, if known,
the tenant. As an alternative to revocation, the Accessory Apartment
Committee may continue the permit on a probationary basis, and in
such event, it may revoke the permit without further notice to the
applicant or tenant upon a violation of any conditions attached to
the probationary permit.
G. Lapse of accessory apartment permit. Every application
for an accessory apartment permit granted by the Accessory Apartment
Committee shall be and become null and void and of no further force
and effect unless the applicant obtains a building and zoning permit
for work to be done and/or change of use no later than 30 days after
an accessory apartment permit is granted by the Accessory Apartment
Committee.
H. No person shall create or occupy an accessory apartment
without obtaining an accessory apartment permit from the Accessory
Apartment Committee and a certificate of occupancy for said use from
the Building Department. In order to construct an accessory apartment,
the applicant shall apply for and receive a building permit from the
Town Building Department in the manner of all other applications for
building permits.
I. The article shall sunset upon the issuance of the 250th accessory apartment permit, excluding accessory apartment permits issued to applicants seeking to legalize a preexisting accessory apartment under the amnesty provision set forth in §
105-1C(11). The Town Board may, by resolution, extend the sunset provision
up to the 500th accessory apartment permit and/or impose saturation
limits within a specified geographical radius or zoning district.
[Amended 10-1-2013 by L.L. No. 13-2013]
All appeals from the determination of the Accessory
Apartment Committee or from any administrative determination regarding
interpretation of any provision of this article shall solely be by
an Article 78 proceeding. This shall be the exclusive remedy of any
aggrieved party.
All applicable penalty provisions set forth in Chapter
217, Buildings, Building Construction and Improvements and Housing Standards, Part 1, and such other pertinent provisions of the Code of the Town of Riverhead shall apply to any violation(s) of this article.