[Adopted 2-20-2008 by L.L. No. 6-2008 (Ch. 108, Art. VIII,
of the 1976 Code)]
A.
Purpose. It is the intent and purpose of this article to allow accessory
apartments within Hamlet Residential (HR), Riverfront Corridor (RFC),
Commercial/Residential Campus (CRC), Rural Corridor (RLC), Hamlet
Center (HC), the Residence A-40 (RA40), Residence B-40 (RB40), Residence
A-80 (RA80), Residence B-80 (RB80) and Agricultural Protection Zoning
(APZ) Use Districts to provide the opportunity for the development
of small rental housing units designed to meet the housing needs of
median income families, both young and old, and relatives of families
residing in the Town of Riverhead and to implement the housing elements
and goals of the Town of Riverhead Comprehensive Plan (Town of Riverhead
Planning Board et al., 2003) by allowing accessory apartments in designated
zoning districts. It is also the intent of this article to increase
compliance with the Building and Fire Code, property maintenance,
preserve property values and the health, safety and welfare of the
community.
[Amended 5-18-2011 by L.L. No. 17-2011]
B.
Findings. The Town Board finds that there exist many benefits associated
with the creation of accessory apartments on residential lots with
existing detached single-family dwellings, including providing a cost-effective
means of accommodating necessary residential development by making
better use of existing infrastructure and reducing the need to provide
new infrastructure; increasing the supply of workforce housing without
increased government subsidies and regulations; benefiting older homeowners,
single parents, young home buyers and the disabled; integrating workforce
housing more uniformly in the community; providing homeowners with
revenue to meet rising homeownership costs; and by meeting growth
management goals by creating more housing opportunities within existing
developed neighborhoods.
C.
Standards.
(1)
Owner occupancy required. The owners of the real property upon which
the accessory apartment is located shall reside within either the
principal dwelling unit or the accessory apartment unit. A property
owner shall own only one accessory apartment within the Town of Riverhead,
and only one accessory apartment per Suffolk County tax lot shall
be permitted. Accessory apartments shall not be permitted within an
existing two-family or multifamily dwelling or on a lot containing
a two-family or multifamily dwelling.
[Amended 3-17-2009 by L.L. No. 9-2009]
(2)
Location on a lot. An accessory apartment may be located within the
principal single-family dwelling or within an accessory building.
(3)
Single-family dwelling living area. The principal single-family dwelling must meet the living area dimension requirements for the applicable zoning district as set forth in Chapter 301, Zoning and Land Development, of the Code of the Town of Riverhead, or, in the alternative, the principal single-family dwelling must have a valid certificate of occupancy for a preexisting nonconforming dwelling.
(4)
Accessory apartment size. The minimum area for an
accessory apartment shall be 300 square feet and a maximum of 650
square feet. The accessory apartment shall not exceed 40% of the area
of the principal dwelling. For preexisting apartments seeking to comply
with the Code provisions set forth in this article, the Accessory
Apartment Committee, comprised of the Town Building and Planning Administrator,
or his/her designee and the Chief Building Inspector or his/her designee,
may review, approve, approve with conditions, or deny accessory apartments
that exceed 650 square feet, up to a maximum of 850 square feet, provided
that the accessory apartment does not exceed 40% of the area of the
principal dwelling of which the apartment is accessory. In no event
may there be more than one bedroom per accessory apartment.
[Amended 3-17-2009 by L.L. No. 9-2009; 10-1-2013 by L.L. No.
13-2013; 11-1-2016 by L.L. No. 31-2016]
(5)
Exterior appearance. The entry to an accessory apartment located
within the principal dwelling shall be designed such that the appearance
of the dwelling, to the degree reasonably feasible, remains as a single-family
dwelling.
(6)
Off-street parking. In addition to off-street parking requirements for single-family dwellings set forth in the Parking Schedule attached to Chapter 301, there shall be located a minimum of two nine-foot by eighteen-foot off-street parking stalls for an accessory apartment unit. The parking areas and driveways shall be paved with asphalt, concrete, bluestone or such other similar surfaces.
(7)
The principal structure, as well as the accessory apartment, must
comply with all requirements of this article and all applicable provisions
of the Town Code of the Town of Riverhead, Suffolk County Department
of Health Services, New York State Uniform Fire Prevention and Building
Code, and any and all such other agencies having jurisdiction.
(8)
Inspection. No nonconformities or violations of the
Town Code shall exist at the time of application for an accessory
apartment. The Building Department Administrator for the Town of Riverhead
Building Department or his or her designated representative or a Code
Enforcement Officer shall be authorized to make or cause to be made
inspections, upon reasonable notice, to determine the condition of
the dwellings and compliance with the provisions of this article to
safeguard the health, safety, and welfare of the public, and the application
shall not be processed until all outstanding violations are corrected.
A renewal application or transfer application shall be subject to
identical inspection criteria as set forth above.
[Amended 10-1-2013 by L.L. No. 13-2013]
(9)
Duration. All permits issued hereunder shall be valid
for an initial period of three years and shall be renewable for successive
periods of up to five years at the discretion of the Accessory Apartment
Committee.
[Amended 10-1-2013 by L.L. No. 13-2013]
(10)
New construction. No permit shall be issued for an accessory
apartment within any structure until a period of three years has elapsed
from the date of issuance of the relevant certificate of occupancy.
Nothing contained in this subsection shall be construed to prohibit
the construction of an addition to a principal building.
(11)
Prior to the issuance of any accessory apartment
permit or renewal thereof, the property owner shall provide a certification
from a licensed architect, a licensed professional engineer or a Code
Enforcement Official that the property which is the subject of the
application is in compliance with all of the provisions of the Code
of the Town of Riverhead, the laws and sanitary and housing regulations
of the County of Suffolk and the laws of the State of New York.
[Amended 3-17-2009 by L.L. No. 9-2009; 10-1-2013 by L.L. No.
13-2013]
A.
There shall be submitted to the Building Department the following:
(1)
An application to the Building Department for preapproval of occupancy
and use, together with plans by a licensed design professional and
any such other plans, documents or surveys required by the Building
Department;
(2)
A nonrefundable administration fee of $150;
[Added 3-15-2011 by L.L. No. 5-2011]
(3)
An application to the Building Department for all necessary building
permits;
(4)
An application to the Accessory Apartment Committee
for an accessory apartment permit.
[Amended 10-1-2013 by L.L. No. 13-2013]
B.
The applicant shall make part of any application for preapproval
of occupancy and use and building permit an approval of the Suffolk
County Department of Health Services, if required.
C.
The Accessory Apartment Committee, as part of its
application, may require the applicant to submit supporting documents,
including but not limited to floor plans, surveys, less than 10 years
old, that show all existing structures, photographs, and/or exterior
renderings.
[Amended 3-17-2009 by L.L. No. 9-2009; 10-1-2013 by L.L. No.
13-2013]
D.
The application for the transfer of an accessory apartment
permit to a subsequent property owner shall be completed on such forms
and in such a manner as prescribed by the Accessory Apartment Committee.
[Amended 10-1-2013 by L.L. No. 13-2013]
E.
The application must be supplied by the owners of the property, and
the applicant shall be required to file an acknowledgment with the
Town of Riverhead stating that the accessory apartment permit or any
extensions thereof shall terminate upon the death of the signator
or the survivor of the signator, upon the transfer of title to said
premises, upon the signator no longer occupying the premises as his
or her principal residence or upon a conviction for a violation of
this article.
F.
The applicant will be required to file a form stating that the subject
dwelling(s) shall conform with all requirements of this article, all
applicable provisions of the Town Code of the Town of Riverhead, Suffolk
County Department of Health Services, and the New York State Uniform
Fire Prevention and Building Code. The applicant will be required
to meet pertaining standards within 90 days of the building permit
or the accessory apartment permit will become null and void.
A.
The fee for an accessory apartment permit for the initial three-year
period shall be $500. The renewal fee for the subsequent five-year
periods shall be $250.
B.
Upon failure to obtain a certificate of occupancy within the total
allotted time, the first reapplication fee will be $300. For a second
failure to obtain the certificate of occupancy in the allotted time,
the second reapplication fee will be $500. For any and all subsequent
reapplications, the fee will be $500.
C.
The fee for the transfer of an unexpired term of an accessory apartment
permit shall be $50.
[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.
(2)
Proof of ownership.
(3)
Proof of residency.
(4)
Personal identification.
(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).[1] 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.
[1]
Editor's Note: Section 105-1C(11) was amended by L.L. No. 13-2013 and no longer includes amnesty provisions. Former § 105-1C(11) read as follows: "For the detached single-family dwellings that illegally have an accessory apartment, the owner shall have two years from the enactment of this article to make application, without penalty as set forth in § 217-20, and preconstruction fees (triplicate fees) as set forth in § 217-12H shall be waived upon receipt of an accessory apartment permit. As set forth in § 105-2F of this article, the applicant/owner shall have 90 days of issuance of the building permit to comply with all requirements of this article, including but not limited to review and approval by the Accessory Apartment Review Board (now Accessory Apartment Committee), and all applicable provisions of the Town Code of the Town of Riverhead, Suffolk County Department of Health Services, New York State Uniform Fire Prevention and Building Code, and any and all such other agencies having jurisdiction."
[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.
