[Added 8-20-2013 by L.L. No. 12-2013]
This article is intended to regulate the use of vessels commonly described and known as "floating homes," "floating cabanas" or "house barges" and defined in § 293-7 of this Part 2 within the Town of Riverhead and shall apply to all waters within or bordering the Town of Riverhead to a distance of 1,500 feet from the shore and to such other waters, including tidal and freshwater wetlands within the Town of Riverhead.
No person, corporation, firm, association, organization, owner or agent shall construct, install, anchor, moor, dock or otherwise maintain a floating home, floating cabana or house barge within Town waters, nor shall any person dwell, reside, sleep, occupy (in the case of an office) or otherwise maintain a place of abode on any such prohibited floating home, floating cabana or house barge. This provision shall not apply to floating homes, floating cabanas or house barges existing and legally berthed, moored or anchored and continuously occupied for a period of three months within the waters of the Town of Riverhead as of the date of passage of this article; however, any vessel falling into this category shall be required to adhere to the restrictions and requirements set forth in § 293-11. Any floating home in existence on the effective date of this article which has been continuously occupied for a period of three months or more shall be exempt from the provisions hereof and not prohibited; provided, however, that if, subsequent to the effective date hereof, any such exempt floating home is, for a continuous period of one year or more, either unoccupied or removed from Town waters, such floating home shall lose such exemption and shall thereafter be subject to this article and prohibited.
Any existing floating homes, floating cabanas or house barges which meet the criteria set forth § 293-10 located within the waters of the Town of Riverhead may apply to the Conservation Advisory Council for a permit exempting said floating home, floating cabana or house barge from the above provisions, subject to the following conditions:
A. 
An application seeking a permit must be made within 120 days of the effective date of this article.
B. 
Upon filing of an application for a permit, applicant agrees and consents to inspection by federal, state or local departments or agencies with jurisdiction and enforcement authority, including, and to the extent applicable, the Town of Riverhead Building Department, Suffolk County Department of Health Services, and United States Coast Guard, for such local laws, rules, and regulations applicable to floating homes, floating cabanas, and house barges.
C. 
A permit issued by the Conservation Advisory Council must be renewed every year. To entitle applicant to a renewal, applicant must demonstrate compliance with all sections of this article, Part 4, Fishing and Shellfishing, of this chapter and Chapter 295, Wetlands, as well as any and all terms or conditions set forth and made part of the permit granted by the Conservation Advisory Council.
D. 
Said permit must be renewed within 120 days of a sale or transfer of the floating home, floating cabana or house barge to any person or entity other than a member of the owner's family.
E. 
A permit shall cease and be of no further force and effect upon destruction of the floating home, floating cabana or house barge by reason of storm, fire or act of God to the extent of 50% or more of its fair market value. Where more than 50% of fair market value remains, any existing use having a permit may be restored to the same existing use as it existed before such damage.
F. 
Within six months of enactment of this article, all floating homes, floating cabanas and house barges shall have a holding tank for all wastewater and a wastewater disposal system in conformance with all applicable laws and regulations.
G. 
No such floating home, floating cabana or house barge shall be placed in any manner that will obstruct or interfere with navigation.
An acceptance of a permit shall constitute an agreement by a permit holder that he or she will defend and hold the Town of Riverhead, its departments, officers or agents harmless from any and all claims of loss, damage, suit, judgment for property damage or personal injury, including death and reasonable attorneys' fees, which may arise from or in connection with the operation, docking, tying, lowering, removal or disposal of the floating home, floating cabana or house barge, and further agrees to fully reimburse the Town of Riverhead for any damage caused to the Town of Riverhead. An acceptance of a permit shall constitute an agreement by the permit holder to abide by all of the rules, regulations and provisions of this Part 2 and Part 4, Fishing and Shellfishing, of this chapter and Chapter 295, Wetlands, of the Riverhead Town Code.
[Added 12-1-2015 by L.L. No. 25-2015]
The fee for the permit shall be $500. A permit shall be valid for one year. The applicant shall be required to file for renewal of the permit each year within 30 days of the expiration date for each annual permit. The fee for renewal of a permit shall be $50.
For any and every violation of the provisions of this article, the owner, general agent, tenant or lessee of a floating home, floating cabana or house barge where such violation has been committed or shall exist shall be guilty of an offense and, upon conviction thereof, be punishable by a fine not exceeding $500 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.