[HISTORY: Adopted by the Board of Trustees
of the Village of East Hampton 3-31-1950 by Ord. No. VIII of the General Village
Ordinances (Ch. 48 of the 1971 Code). Amendments noted where applicable.]
[Added 7-31-1974[1]; amended 5-21-2021 by L.L. No. 11-2021]
No person, firm or corporation, including public
service and utility companies and municipal districts, shall make
any excavation in any Village street, highway, sidewalk or right-of-way
or construct any sidewalk or curb or make any curb cut along any such
street, highway or right-of-way in the Incorporated Village of East
Hampton for any purpose without first obtaining a permit therefor
from the Superintendent of Highways of the Incorporated Village of
East Hampton.
[1]
Editor's Note: This ordinance repealed original
§ 48-1, Permit required for changing grade of street, gutter
or sidewalk, amended 10-16-1970.
[Added 7-31-1974[1]]
A.
An application, in writing, along with a fee of $250,
shall be filed with the Superintendent of Public Works on forms which
he may provide or in such other manner as he shall prescribe, which
application shall state, among other things, the nature, location,
extent and purpose of the proposed excavation or construction and
the estimated days or parts thereof to complete the proposed excavation
or construction. Any excavation started prior to a permit being issued
will be subject to a fine of $250 and the $250 permit fee.
[Amended 10-2-1991 by L.L. No. 13-1991; 9-18-1998 by L.L. No. 17-1998; 5-20-2005 by L.L. No.
11-2005; 12-19-2008 by L.L. No. 14-2008; 5-21-2021 by L.L. No. 11-2021]
B.
An application to excavate shall contain or shall
be accompanied by an agreement on the part of the applicant, in form
acceptable to the Superintendent of Highways of the Incorporated Village
of East Hampton, to replace the street, highway or sidewalk, pavement,
curb, gutter or right-of-way in proper condition, and such application
shall be accompanied by a surety bond in such form and of such surety
company as may be approved by the Superintendent of Highways and in
an amount determined by said Superintendent of Highways as a guarantee
to the Incorporated Village of East Hampton of the performance of
the aforementioned agreement by the applicant. In lieu of such surety
bond, the applicant may deposit with the Superintendent of Highways
a sum of money which shall be deemed by said Superintendent to be
adequate to pay all of the expenses to which the Village may be put
to replace the street, highway or sidewalk, pavement, curb, gutter
or right-of-way, in proper condition, but in no case less than $500.
Upon completion of the work to the satisfaction of the Superintendent
of Highways and in accordance with the applicant's agreement, the
aforementioned bond or money deposited thereof shall be returned to
the applicant. In the event of failure of the applicant or the bonding
company to replace or repair such street, highway or sidewalk, pavement,
curb, gutter or right-of-way within the time provided in the application,
the same shall be replaced or caused to be replaced by the Highway
Department of the Incorporated Village of East Hampton, and the cost
thereof paid out of the sum so deposited or charged against the bond,
as the case may be.
[Amended 5-21-2021 by L.L. No. 11-2021]
C.
Public service and utility companies and municipal
districts may, at their option, file with the Village Clerk a surety
bond in form acceptable to the Superintendent of Highways of the Incorporated
Village of East Hampton in the amount of $20,000 to cover all applications
for excavations made within the term of the bond.
[Amended 2-20-1981 by L.L. No. 1-1981; 12-19-2008 by L.L. No. 14-2008]
D.
The applicant shall provide to the Superintendent
of Highways of the Incorporated Village of East Hampton, in addendum
to any curb cut application, a stamped and sealed survey identifying
the location and extent of the proposed driveway, demonstrating adequate
line of sight along said driveway, as well as identifying the location
of any power lines, trees, and signs within the Village right-of-way
abutting the subject property.
[Added 4-17-2009 by L.L. No. 5-2009]
E.
No permit
shall be issued for an opening on any roadway which has been resurfaced
by the Village of East Hampton during a period within three calendar
years prior to the date of an application for such excavation or which
has been newly constructed or reconstructed within the five calendar
years prior to the date of an application for such excavation, subject
to the following exceptions:
[Added 4-18-2019 by L.L.
No. 4-2019[2]]
(1)
In
the event that any pipe, main, conduit or other utility installation
in or under any roadway shall burst, break or otherwise be in such
a condition as to seriously endanger persons or property, the owner
of such sewer, main, conduit or other installation shall immediately
contact the Superintendent of Highways describing the location of
the break, extent of repairs and any emergency measures required to
reroute traffic. Upon approval of the Superintendent of Highways,
the owner shall immediately remedy such trouble and shall immediately
take all such necessary steps to make said location safe and secure.
Such owner shall not, however, begin making any permanent repairs
to such roadway until he or she shall have secured a permit. Such
permit shall be applied for within 48 hours after such break or serious
trouble shall have developed, and the necessary permanent repairs
to the road shall be made as directed by the Superintendent of Highways
and shall be completed as soon as practicable after receipt of the
permit
(2)
Permits
may be issued for road excavations on newly resurfaced or constructed
or reconstructed roads where the excavation is directly related to
the construction of a new building or full reconstruction of a building
devoted to the primary use of the premises, but not in connection
with new accessory buildings or structures.
[2]
Editor's Note: This local law also redesignated former Subsection
E as Subsection G.
F.
If an application
for a permit is denied, the Superintendent of Highways shall send
the applicant a written notification of the denial and shall state
the reason for the denial.
[Added 4-18-2019 by L.L.
No. 4-2019]
G.
The Superintendent of Highways of the Incorporated
Village of East Hampton may, at his discretion, require the applicant
to schedule a preconstruction meeting with the Department of Public
Works to coordinate or resolve any notification, design, construction,
demolition, excavation, traffic control, and/or other technical or
logistical issues relating to proposed work in the public right-of-way.
The applicant shall coordinate as necessary with the Department of
Public Works of the Incorporated Village of East Hampton and the Police
Department of the Incorporated Village of East Hampton regarding traffic
control.
[Added 4-17-2009 by L.L. No. 5-2009]
[1]
Editor's Note: This ordinance repealed original
§ 48-2, Excavations, in highways requiring removal of concrete.
[Added 7-31-1974;[1] amended 5-21-2021 by L.L. No. 11-2021]
Any person making any excavation, pursuant to
a permit granted hereunder, must give notice to all public service
and utility companies or municipal districts having lines, mains or
other property in the highway right-of-way and file a copy of said
notification with the Superintendent of Highways before any work shall
commence.
[1]
Editor's Note: This ordinance repealed original
§ 48-3, Excavations in sidewalks requiring removal of concrete.
[Added 7-31-1974;[1] amended 5-21-2021 by L.L. No. 11-2021]
Any person making an excavation or doing any
construction work within the terms of this chapter shall erect and
maintain suitable barriers or guards around the excavation or construction
site for the protection of persons using the streets, sidewalks or
rights-of-way, shall set and maintain during the hours of darkness
sufficient lights or flares to properly illumine the area and shall
take all other necessary precautions for the protection of the Village
and the property of others. Barriers or guards shall have displayed,
for police convenience, the address and telephone number of a responsible
person available 24 hours to reestablish the same in case of emergency.
[1]
Editor's Note: This ordinance repealed original
§ 48-4, Excavations in highways which are not concreted.
[Added 7-31-1974[1]]
Any person doing any construction covered by
this chapter shall provide a right-of-way for pedestrians and vehicular
traffic so as not to unduly impede the flow of such traffic.
[1]
Editor's Note: This ordinance repealed original
§ 48-5, Permit and bond required for excavations, amended
10-16-1960.
[Added 10-16-1970]
Each applicant, upon the receipt of a permit
for a street excavation, shall provide the Village with an acceptable
certificate of insurance indicating that he is insured against claims
for damages for personal injury as well as against claims for property
damage which may arise from or out of the performance of the work.
Such insurance shall cover any and all possible hazards of whatsoever
kind or nature, and shall include protection against liability arising
from completed operations. The amount of the insurance shall be prescribed
by the Building Inspector in accordance with the nature of the risk
involved; provided, however, that the liability insurance for bodily
injury in effect shall not be in an amount less than $250,000 for
each person and $500,000 for each accident, and for property damages,
an amount not less than $50,000 with an aggregate of $100,000 for
all accidents. Public utilities and authorities may be permitted to
file a certificate of insurance annually.
[Added 7-31-1974[1]]
A.
Openings in concrete pavement or asphalt on concrete
shall be ten feet by ten feet or to the nearest joint if within five
feet. Mix shall be of "High Early." Asphalt not on concrete base shall
be a minimum of four feet by four feet or at least 18 inches on either
side of undisturbed subgrade. Concrete shall be saw cut and asphalt
shall be cut with a cutter wheel or with such other equipment as approved
by the Superintendent of Highways.
B.
A minimum depth of two inches of stone mix shall be
placed as a temporary surface in any pavement crossing, which in turn
shall be placed upon a well-stabilized base, and shall be maintained
to the same grade as adjacent pavement.
C.
Sleeves shall be driven for all highway crossings
and no tunneling will be allowed. The need for pavement openings shall
be substantiated by the permittee.
D.
All trench openings shall be fully compacted either
by jetting or power tampers. Jetting shall consist of at least four
feet on center of both sides of the trench and power tampering lifts
shall not exceed 12 inches.
E.
Final courses.
(1)
Final surfacing shall consist of a base course of
five inches of stone screenings compacted with a five-ton roller or
pneumatic type of compactor.
(2)
Wearing courses shall consist of a total of four inches
of Type 1A, Item 51 asphalt and edges of repair shall be painted with
suitable material to seal and join existing pavement.
F.
No trees shall be cut or trimmed, either above or
below ground, without the permission of the Superintendent of Highways
of the Incorporated Village of East Hampton. The applicant or permittee
shall pay for any trees damaged without permission of or as directed
by the Superintendent of Highways.
G.
Drainage along rights-of-way shall not be obstructed.
H.
Topsoil, fertilizer and grass seed shall be applied
to all shoulder areas disturbed by excavation or construction.
I.
All work shall be done to the satisfaction of the
Superintendent of Highways of the Incorporated Village of East Hampton.
J.
Permits will not be issued during the months of December,
January, February or March except to a public utility, service company
or a municipal district where a case of emergency exists.
[1]
Editor's Note: This ordinance repealed original
§ 48-7, Depositing building or other materials on streets
or highways, amended 10-16-1970.
[Amended 10-16-1970]
It shall not be lawful for any person or corporation
to dig, remove, carry away or cause the same to be done, any stone,
earth or gravel from any public street, highway, sidewalk or public
place in the Village of East Hampton without written permission from
the Mayor or the Board of Trustees.
[Amended 10-16-1970; 10-19-1990 by L.L. No.
9-1990; 7-30-1993 by L.L. No. 14-1993]
A.
Except when otherwise permitted, it shall not be lawful
for any person to post or hang or cause to be posted, hung or exhibited
in any manner any handbill, notice or placard or sign upon any post,
telegraph, telephone or electric light pole, tree or fence, bridge
or wall of a building or other object in any street or on any road
or roadway right-of-way, any public place or public property whether
in commercial or residential neighborhoods within the Village of East
Hampton. Only the following signs shall be permitted on public property:
(1)
Legal notices.
(2)
House number of the residence in conformance with
§ 8-12E.
(3)
Names of the residents. For each residence, one sign
may be erected not exceeding four square feet listing the names of
the residents occupying the residence.
(4)
One sign per property announcing that the property
on which the sign is posted is protected by a security system, provided
that said sign does not exceed one square foot in size.
B.
Except for public utilities and law enforcement officials,
it shall not be lawful for any person to write or paint on or otherwise
mark or deface any street, sidewalk or other public place in the Village
of East Hampton and it shall not be lawful for any person to apply
crayons, chalk, paint or similar substance to any street, sidewalk
or other public place in the Village of East Hampton.
[Amended 1-17-1986 by L.L. No. 2-1986[1]]
A.
It shall not be lawful for any person or corporation
to encumber or obstruct any street, highway or sidewalk of the Village
so as to hinder, impede or delay free travel along the same for a
longer time than five minutes during any hour without written permission
from the Mayor or the Board of Trustees, but nothing contained in
this section shall prohibit persons from placing goods, merchandise
and household furniture on the sidewalks for the purpose of loading
or unloading same, provided that it is done without unreasonable delay.
B.
The Board of the Village of East Hampton hereby finds
that road obstructions, such as shrubbery, hedges, trees, vegetation,
rock walls and fences, create highway hazards by interfering with
vision and proper sight distance on streets and highways, at corners
and intersections of streets and highways. It is the aim of the Village
Board to reduce such road hazards caused by the above and similar
objects which are responsible for causing property damage, personal
injury and fatalities due to vehicular accidents.
C.
Visual obstructions on streets, highways and rights-of-way
prohibited.
[Amended 5-21-2021 by L.L. No. 11-2021]
(1) 
No shrubbery, hedge or other natural growth or fence
(except a transparent fence, such as chicken wire, in which the solid
area is not more than 5% of the total area of the fence) or wall over
three feet higher than the apex at the center line of the street shall
be located within the triangular area shown shaded in Sketch A, at
the intersection of two roads.
(2)
No limbs or foliage on any tree shall obstruct vision
or be permitted to grow nearer to the ground than eight feet, where
such limbs or foliage overhang the street or highway or are over or
upon land within the triangular area as shown in Sketch A.
(3)
No shrubbery, hedges, trees, vegetation, rock walls
and fences shall be located on private property or shall be permitted
to grow on private property so as to hinder, impede or delay free
travel along any street, highway or sidewalk so as to interfere with
the proper vision or use thereof.
(4)
No
person shall install any shrubbery, hedges, trees, vegetation, rock
walls or fences within the Village rights-of-way.
D.
Enforcement. This chapter shall be administered and
enforced by the Department of Public Works of the Village of East
Hampton with the assistance of the Police Department and Code Enforcement
Officers of the Village of East Hampton, as set forth below:
[Amended 6-3-2010 by L.L. No. 5-2010]
(1)
Upon the determination of the Department of Public Works that a violation exists, pursuant to the provisions of § 250-10B or 250-10C hereof, it shall send a written notice specifying the violations and requiring compliance within 10 days thereafter. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof, addressed to the owner of record of such land, if he is other than the person served at the address shown on the last preceding assessment roll. If said land is vacant and there is no one available to be served on said property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
(2)
In the event that the notice specified in Subsection A of this section is not complied with after a period of 10 days from date of service, then the Police Department or a Code Enforcement Officer may issue and serve an appearance ticket to the owner of record of such land and/or the person or company responsible for maintaining the obstruction.
(3)
In addition to any other penalty provided under the
law for noncompliance, the Village Board may, in its discretion, authorize
the Department of Public Works to remove the visual obstruction.
(4)
The expenses incurred by the Department of Public Works, pursuant to Subsection D(3) of this section, shall be paid by the owner or occupant of the premises or by the person who caused or maintained such obstruction. The Department of Public Works shall file among his records an affidavit stating, with fairness and accuracy, the items of expense incurred in removing said obstruction. The Village Board may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien.
[1]
Editor's Note: original § 48-10,
Obstructing streets or highways, amended 10-16-1970, was repealed
1-17-1986 by L.L. No. 1, 1986.
[Amended 5-14-1954; 10-16-1970; 11-21-2014 by L.L. No.
20-2014; 12-19-2014 by L.L. No. 24-2014]
A.
No person or corporation shall erect or cause to be erected in or upon any street, lane, alley or public place or private lot, any pole, post or bracket or any similar structure for the purpose of stringing or placing thereon telephone, telegraph or electric light wires or string any such wires in, over or upon any streets or public places or private lots within such Village without the approval of the Board of Trustees. Applications for the erection of new poles shall be subject to a public hearing prior to the issuance of any permit, unless the application qualifies as a Type II action pursuant to Chapter 133 of the Code of the Village of East Hampton. Notice of the public hearing shall be given by publication of such notice in the official newspaper of the Incorporated Village of East Hampton and by posting said notice in the Village Hall and the Emergency Services Building at least 10 days prior to such hearing.
B.
The Board
of Trustees may, in granting permission for the erection of poles,
posts or brackets or any similar structures, specify the type of construction
and location thereof which shall be deemed appropriate to the building
district (zone) within which the erection is proposed and best suited
to secure public safety and welfare.
C.
Any person
or corporation violating any of the provisions of this section shall
be liable for the cost of removing the cause of said violation, provided
that the same is not removed within five days after said person or
corporation has had notice of such violation.
[Amended 10-16-1970]
No person shall cause, authorize or permit any
horses, cattle, sheep, swine, goats or fowl, ducks or geese to run
at large upon the streets or public grounds, and in case any police
officer of this Village shall find any such animal or animals running
at large, said police officer is hereby authorized to impound the
same animal or animals and sell them at public auction to the highest
bidder after reasonable notice, and, out of the proceeds, to pay the
cost of keeping and sale and the penalty enforced by this chapter,
and the remainder, if any, to be returned to the owner of such animal
or animals.
A.
No person shall erect any signs, shed, roof or projection (except awnings; see Chapter 278-4G and Chapter 278 definitions) from or opposite any building in or over or upon any of the streets or sidewalks of the Village without written permission from the Trustees.
[Amended 10-16-1970; 12-15-1995 by L.L. No.
34-1995]
B.
Any such sign, shed, roof or projection now erected
or existing or which shall hereafter be erected shall be removed by
the owner or occupant of the adjoining property within 10 days after
notice from the Trustees to remove the same or, in default thereof,
said Trustees shall cause the same to be removed at the expense of
the owner or occupant of the premises.
No person shall use or maintain fences of barbwire
or similar construction along the boundary of any streets or grounds
of or within the Village unless by special permit of the Mayor or
the Board of Trustees.
[Amended 10-16-1970; 1-21-1994 by L.L. No. 3-1994; 3-21-1997 by L.L. No. 6-1997]
A.
No person or corporation shall move any building or
structure or object of similar bulk or weight which requires similar
operation for moving upon, into, in or across any public street or
public place in the Village of East Hampton unless a permit has previously
been granted by the Mayor or Board of Trustees and said person or
corporation has paid to the Village Treasurer or his deputy the sum
of $100 for a license, received a license to do said moving and filed
with the Village Clerk $2,500 cash or bond with sufficient surety,
approved by the Mayor or Board of Trustees, in the sum of $2,500,
conditioned for the payment of all costs, expenses and damages sustained
by the Village or any person or persons by reason of the moving of
the object or structure for which the license is sought and granted.
B.
The license herein provided for shall be issued by
the Clerk upon presentation of a written application thereof, the
bond herein required endorsed and a liability insurance certificate
in the amount of $1,000,000 naming the Village as an additional insured.
No person shall tie or hitch any horse, team
of horses or animal or animals to any tree along any street or sidewalk
of said Village or allow any cows or other animals on his premises
to be so tied or chained that they will not be within the confines
of the owner's property and not within the limits of any highway adjoining
or adjacent to said property.
No person shall in anywise mutilate, cut down,
remove, injure or destroy shade trees planted along public highways,
streets or sidewalks without a permit from the Mayor or Board of Trustees,
and this shall apply to all hedgerows and ditches lying within the
boundaries of said public highway in said Village.
No person, firm or corporation shall distribute,
deposit or place or cause to be distributed, deposited or placed any
handbills, circulars or other advertising matter in any street, in
any yard or upon any porch or any vehicle in the Village of East Hampton.
[Amended 5-21-2021 by L.L. No. 12-2021]
All curbing and gutters hereinafter constructed in the Village
of East Hampton shall be poured concrete construction and shall conform
to the following dimensions and construction methods:
B.
The curb shall be conventionally formed to the size and shape shown
on the details or as directed by the Superintendent of Public Works.
C.
Curbs shall be constructed using the following methods:
(1)
Casting segments. Curb shall be cast in segments having a uniform
length of approximately 20 feet.
(2)
Expansion joints. Expansion joints 3/4 inch in width shall be formed
with premolded bituminous joint filler, Section 705-07, placed at
twenty-foot intervals as shown on the plans and specified by the Engineer.
The filler material shall be cut 1/4 inch below top of the curb.
(3)
Forms. Forms shall be steel or wood, straight, free from warp, and
of such construction that there will be no interference to inspection
for grade or alignment. All forms shall extend for the full curb depth
and shall be braced and secured adequately so that no displacement
from alignment will occur during placing of concrete.
(4)
Concrete placing and vibrating. Concrete shall be placed in the forms
in accordance with the applicable requirements of Section 555-3.04
and shall be compacted with an approved, immersion-type mechanical
vibrator. The vibrator shall be of the size and weight capable of
thoroughly vibrating the entire mass without damaging or misaligning
the forms and shall be approved by the Engineer. Forms shall be left
in place for 24 hours or until the concrete has sufficiently hardened,
as determined by the Engineer, so that they can be removed without
injury to the curb. Upon removal of the forms, the exposed faces of
the curb shall be immediately rubbed to a uniform surface. Rubbing
shall be accomplished by competent finishers. No plastering will be
permitted.
(5)
Concrete curing. At the contractor's option, either M39 waterproof
paper blankets, M40 quilted covers, M40A polyethylene-coated burlap
blankets or M40B polyethylene curing covers shall be used in curing
concrete. Cold-weather concreting is not permitted without special
written authorization by the Superintendent of Public Works.
D.
Protection. The contractor shall keep the curb clean, aligned and
protected from damage until final acceptance of the work. Any curb
damaged prior to the final acceptance of the work shall be repaired
or replaced at the contractor's expense.
E.
The concrete shall have a minimum compressive strength of 3,500 psi
at 28 days.
[Amended 10-16-1970; 4-20-2015 by L.L. No. 9-2015]
A.
A violation of the provisions of § 250-9A and § 250-18 of this chapter shall be punishable as follows:
(1)
A person or entity charged with a violation of the sections listed
above shall be required to appear or answer within 15 days of the
issuance of a ticket, and shall be subject to a minimum fine of $150.
(2)
Upon the failure to answer or appear on the return date or any subsequent
adjourned date or to pay the fine when due, a late penalty of $75
shall be added to the minimum fine.
(3)
Upon the failure to pay the fine within 60 days of the issuance of
a ticket, a late penalty of $150 shall be added to the minimum fine.
(4)
Upon the failure to pay the fine within 90 days of its due date,
a late penalty of $200 shall be added to the minimum fine.
B.
Any person, firm or corporation violating any of the other provisions
of this chapter, shall, upon conviction thereof, be subject to a fine
not exceeding the sum of $250 for any offense, and each day that a
violation continues shall be deemed to constitute a separate offense.
[Added 6-19-1992 by L.L. No. 13-1992]
All irrigation and sprinkler systems shall be
installed on the property they service, shall not drain onto any public
street, roadway or any neighboring property and shall be provided
with such facilities to ensure that they do not drain onto any public
street, highway or neighboring properties.
[Added 2-17-2006 by L.L. No. 2-2006]
All vehicles and trailers and equipment shall
be parked, whenever possible, on the property of the private premises
that are being visited. No vehicle, equipment or trailer shall be
parked upon or driven across any Village-owned grassed shoulder or
right-of-way in a manner that causes damage to such ground, grass,
or sidewalk. The operator of a vehicle, trailer, or equipments shall
place temporary protective measures on the ground in order to avoid
damage to a grassed road shoulder when parking on the shoulder cannot
be avoided. No person or entity may park any vehicle, trailer or equipment
upon the paved portion of any Village roadway in any manner which
restricts, encumbers or obstructs such roadway.
[Added 4-17-2009 by L.L. No. 5-2009]
A.
CORNER ANGLE
DRIVEWAY OPENING
DRIVEWAY WIDTH
INTERSECTION
Definitions. For the purpose of this section, certain
words and terms shall have the following meanings:
The angle formed by the projected intersection of the driveway
center line and the roadway center line.
The width of the driveway along the roadway edge of pavement,
including any tapers or radii.
The width of the driveway, not including any tapers or radii.
A place or area where two public roads meet, whose limits
are defined by its stop line.
B.
Requirements. The following requirements shall apply
to any driveways accessing the Village right-of-way:
(1)
No person shall construct a driveway within the Village right-of-way and/or alter Village improvements for such a purpose (including any sidewalk or curb) without the approval of the Superintendent of Highways of the Incorporated Village of East Hampton, as specified in § 250-2.
(2)
No driveway serving one lot shall have a driveway
width greater than 14 feet within the Village right-of-way.
(3)
All driveway openings shall use a radius-type transition.
(4)
All driveway corner angles shall be between 60°
and 120° (arc degree).
(5)
No driveway shall be located within 25 feet of any
road intersection, except where no alternative location is available
along the frontage of the subject property, in which case the driveway
location shall be located in such a way as to minimize any risk to
public safety, subject to evaluation by the Department of Public Works.
(6)
No residential property shall be allowed more than
two curb cuts along any one side of frontage or a total of more than
three curb cuts.
(7)
No residential property shall be allowed more than one curb cut along any one side of frontage upon which there is situated a building or structure which does not conform to minimum front yard setback requirements, as specified in § 278-3.
(8)
No residential property shall be allowed more than
one curb cut along any one side of frontage whose length is less than
160 feet.
(9)
All driveways within the Village right-of-way shall
be constructed with a minimum of six inches of stabilized soil subbase
and four inches of compacted aggregate.
(10)
Upon completion of demolition, excavation, and
construction in the Village right-of-way, the applicant shall restore
to the satisfaction of the Department of Public Works any road asphalt,
curbs, sidewalks, vegetation, signage, and/or other public property
damaged during the course of work. For this purpose, the Superintendent
of Highways for the Incorporated Village of East Hampton may, at his
discretion, prepare standard specifications detailing these and any
additional technical requirements to the applicant.
(11)
No driveway shall extend beyond any side yard
property line.
(12)
No driveway shall be constructed to facilitate
the parking of vehicles within the Village right-of-way.
(13)
No driveway shall pitch any pavement area within the subject property towards the Village right-of-way, except where the applicant provides stormwater drainage structures for said pavement area in compliance with the requirements specified in § 121-9D.
(14)
All driveways shall be located away from any
trees in the Village right-of-way, in accordance with the minimum
distances specified in Figure 250-23B(14), following.
|
Figure 250-23B(14)
Minimum Tree Setback
| ||
|---|---|---|
|
Tree Diameter Range
dDBH(diameter at breast height in inches)
|
Minimum Setback Formula
DS(inches)
| |
|
d DBH < 4"
|
D S = 60"
| |
|
4" < d DBH <12"
|
D S = 15" X d DBH
| |
|
d DBH >12"
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D S = 9" x d DBH
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(15)
The Superintendent of Highways shall have the
discretion to waive any of the requirements set forth in this section,
except the requirement for the prior approval of the Superintendent
of Highways, in those cases where the Superintendent of Highways finds
that unique physical conditions on a particular site or the safety
of pedestrians or vehicles on the adjacent street or roadway warrant
a waiver of one or more of the requirements set forth herein. In reviewing
requests for waivers from the requirements set forth in this section,
the Superintendent of Highways shall consider the following:
(a)
Whether the applicant has demonstrated that
the waiver requested is the minimum necessary in terms of the number
and extent of requirements waived;
(b)
Whether the applicant has demonstrated that the proposed driveway is in compliance with the requirements of Chapter 267, Vehicles and Traffic;
(c)
Whether the applicant has demonstrated that
the waiver requested will have a positive impact on public safety,
traffic, vehicle circulation, egress, and/or the environment.
C.
Appeals.
(1)
The Village of East Hampton Zoning Board of Appeals
shall hear and decide appeals and requests for waivers from the requirements
of this section.
(2)
In reviewing such applications, the Zoning Board of
Appeals shall, as part of the standard criteria, consider the following:
(a)
Whether there will be any adverse impact on
public safety;
(b)
Whether there will be any adverse impact on
traffic;
(c)
Whether there will be any adverse impact on
the environment;
(d)
Whether there will be any adverse impact on
the ability of the Village to maintain and improve the public right-of-way;
(e)
Whether there will be any adverse impact on
future development in the area;
(f)
Whether the grant will be in the best interest
of the local community.
(3)
The applicant should make a reasonable effort to conform
to the requirements of this section and to demonstrate that the appeal
request is the minimum necessary in terms of the number and extent
of requirements waived.
D.
Penalties for offenses.
(1)
For any violation of the provisions of this section,
the owner or general agent of premises where such violation has been
committed or shall exist, and any design professional, contractor,
subcontractor, or any other person taking part in or assisting in
any such violation, shall be liable to a fine or penalty of not more
than $250 for each and every week that a violation continues or 10
days in jail, or both, for each violation.
(2)
Any person, including but not limited to any owner,
design professional, contractor, or subcontractor, who fails to comply
with a written order of the Office of Code Enforcement or Department
of Public Works within the time fixed for compliance therewith, or
who knowingly violates any of the applicable provisions of this chapter
or any order, notice, directive, permit, or certificate of the Office
of Code Enforcement or Department of Public Works, shall be liable
to a fine or penalty not more than $250 or 10 days in jail, or both,
for each violation.
