Notice of Adoption: zoning – prefabricated dwellings

TOWN OF RIVERHEAD
NOTICE OF ADOPTION

     PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending the Chapter 108 entitled “Zoning” of the Code of the Town of Riverhead (“Riverhead Town Code”), at its regular meeting held on November 18, 2014.

Be it enacted by the Town Board of the Town of Riverhead as follows:

CHAPTER 108
Zoning

Article XIII: Supplementary Use Regulations

§   108-64 Prefabricated dwellings.

No building or other structure which is prefabricated or which is constructed, manufactured, built or fabricated at a place other than the site on which it is to be located or used shall be used as a dwelling, except in a mobile home park or travel trailer park and except as an agricultural dwelling under § 108-64.4 of this chapter, unless:

A.     It complies with the provisions of the laws, ordinances, rules and regulations of all governmental entities having jurisdiction over the subject property.

B.     It is affixed to the site by means of a permanent foundation.

C.     It shall have been authorized by a special permit of the Board of Appeals as hereinafter provided in § 108-76 of this chapter. In the case of a petition for a special permit for prefabricated dwelling(s) relating to a filed subdivision map, the Zoning Board of Appeals may approve any number of special permits for structures to be constructed upon lots within the subject subdivision subsequent to a single petition and hearing, provided that the appropriate filing fee has been collected for each lot to receive a special permit.

D.C.    It is a temporary trailer (prefabricated dwelling). Notwithstanding Subsections A through C B above, there shall be permitted the installation of a trailer (prefabricated dwelling) in which a family or individuals may live in a residential or agricultural zone under the following circumstances:

(1)   The trailer (prefabricated dwelling) must be for the temporary use and occupation of an individual or group of individuals whose residence has either been so damaged by fire or by some act of God as to render the residence uninhabitable or whose principal residence is being remodeled on a property utilized for agriculture.

(2)  The trailer (prefabricated dwelling) must be placed on the same lot as the house which is being rebuilt or on a contiguous parcel with the owner’s consent.

(3)  A permit shall be obtained from the Building Department within 72 hours of placing the trailer (prefabricated dwelling) on a lot. The fee for the permit shall be $50.

(4)  A certificate of occupancy shall be obtained from the Building Department within 21 days of placing the trailer (prefabricated dwelling) on a lot.

(5)  Such trailer shall be permitted to remain on a lot for six months with one six-month extension upon application to the Zoning Board of Appeals.  No further extensions are permitted and it shall be mandatory that the trailer be removed at the end of the time permitted. If the trailer is not removed, there shall be a fine of $15 per day on the owner of the trailer for each day that it remains beyond the time limit.  If the trailer remains in violation for more than 10 days, the Building and Zoning Administrator or Building Inspector or his representative may, after notifying the owner of said trailer in person or by letter, return receipt requested, cause the trailer to be removed. The expense of such removal and any storage charges resulting shall be paid by the owner of the trailer, and, if said cost is not paid within 10 days of notification to the owner, the Building and Zoning Administrator may advertise the public sale of the trailer (prefabricated dwelling) in the official paper of the Town and sell it to the highest bidder. The moneys realized from the sale shall be applied to any fines outstanding and to reimburse the Town for any expense incurred in moving and storing the trailer (prefabricated dwelling).  If there shall be any excess, it shall be remitted to the former owner of the trailer (prefabricated dwelling).

• Overstrike represents deletion(s)
• Underscore represents addition(s)

Dated:  Riverhead, New York
November 18, 2014

BY THE ORDER OF THE
TOWN BOARD OF THE TOWN
OF RIVERHEAD

DIANE M. WILHELM, TOWN CLERK