[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.