Town of East Hampton, NY Administration

Name, address and telephone number of applicant and all co-applicants as well as any agents for the applicant or co-applicants.

Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.

A licensed carrier should either be an applicant or a co-applicant.

Written statement that the lease between the applicant and co-applicant landowner of the subject property contains the following provisions:

Landowner can enter into leases with other carriers for co-location.

Landowner is responsible for the removal of the personal wireless service facility in the event the licensed carrier fails to remove it upon abandonment.

Written statement from the applicant stating that co-location will or will not be permitted at this site.

Original signatures for the applicant and all co-applicants applying for special exception permit and/or site plan review; if the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photoreproductions of signatures should not be accepted.

Narrative information.

Carrier shall provide:

Copy of Form 600 on file with the FCC.

FCC license (radio authorization form).

Carrier shall identify:

Site latitude.

Site longitude.

AGL to the radiation center and the top of highest projection (e.g., lightning rod).

Applicants should provide:

Two alternatives to the proposed personal wireless service facility.

Alternatives should comply with criteria in Subsection 255-5-50(6) of this chapter for differences between the proposed personal wireless service facility and the alternatives.

Failure of the applicant to provide two alternatives does not constitute an incomplete application.

Geographic information.

Area to be served by the proposed personal wireless service facility:

Within the Town of East Hampton.

Outside the Town of East Hampton.

Tax map showing adjoining (abutting) properties.

Land use map showing existing land use.

Zoning map showing existing zoning.

Relationship to other personal wireless service facilities.

Existing and/or proposed by the carrier.

Existing for other carriers.

Proposed by other carriers.

§ 255-9-20 Conduct of boards.

The following sections shall govern the operation and procedures of those boards charged under this chapter with the duty to receive applications for approvals and to decide the same. This article shall govern applications made for special permits, site plan approvals, architectural and design approvals and variances, all as provided for herein. Applications to the Planning Board for subdivision approval and petitions made to the Town Board for changes to the Use District Map (rezoning of property) shall not be included.

§ 255-9-21 General.

Procedural rules. Every board may prescribe procedural rules not inconsistent herewith for the conduct of its own affairs, including for the processing of applications, the holding of public hearings, and other matters.

Substantive rules. Every board may by resolution formally adopt substantive rules not inconsistent with any provision of this chapter with regard to applications it is charged with processing and approvals it grants. Where any such rule is made a part of the Town Code by Town Board action, the penalty for a violation of the same shall be as prescribed therein. With regard to other formally adopted rules of boards not explicitly incorporated in the Code, an intentional violation of any such rule by a person with actual knowledge thereof shall constitute a violation of this chapter subject to the provisions of Article X hereof.

Open meetings. All meetings of boards involving matters which are the subject of this chapter shall be open to the public, unless the board shall resolve at such meeting to conduct an executive session for one or more of the purposes authorized in § 105 of the New York State Public Officers Law. Where this chapter incorporates provisions less restrictive with regard to public access than Article 7 of the Public Officers Law, then the provisions of this chapter shall control.

Form of decisions. Every final determination of a board with regard to an application brought before it under provisions of this chapter shall be by formal resolution and shall contain the findings of the board on which it is based.

Imposition of conditions. In making a determination to approve an application in whole or part, every board shall have the power to impose such reasonable conditions and restrictions on its approval as are directly related and incidental to the application. Such conditions or restrictions shall be met in connection with the issuance of building permits or certificates of occupancy, or as otherwise specified by the board.

[Added 5-15-1998 by L.L. No. 20-1998]

Personal wireless service facility decisions. All decisions resulting in approvals or denials by the Planning Board shall be in writing and supported by findings of fact and conclusions of law based upon competent substantial evidence in the record.

[Added 11-1-2002 by L.L. No. 34-2002]

§ 255-9-22 Initial processing of applications.

Receipt of application. When a board receives from the Building Inspector or from an individual applicant or from another agency, all as provided for in this chapter, an application for an approval over which the board has jurisdiction, it shall immediately stamp the application with the date of such receipt.

Review of applications and determination of completeness. The board shall review each application and determine within 10 days of the receipt thereof whether or not it is complete and ready for processing. No application shall be deemed to be complete and ready for processing unless and until the application is in compliance with this chapter and with the rules of the board regarding the contents of applications. If the application is deemed incomplete or defective for any reason, the applicant shall be promptly notified. Such notification shall include the reason(s) why the application cannot be processed and shall set forth with particularity any additional information which the board requires of the applicant in order to further process the application. The board shall not be required to take any further action on the application, including the scheduling of a public hearing if one is required, until all required forms, materials or information have been submitted. In any case in which the board requires the preparation of an environmental impact statement, the application shall not be deemed complete for the purposes of any provision of the Town Law or of this chapter imposing time limits upon board action until said environmental impact statement has been prepared, submitted and accepted by the board as complete.

[Amended 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998]

SEQRA compliance. Every application for an approval, other than an application solely for Architectural Review Board approval, shall be subject to review pursuant to the State Environmental Quality Review Act (SEQRA) and Chapter 75 of this Code, and each board when serving as lead agency shall comply with the procedures thereof. No determination shall be made to approve an application, with or without conditions, until either the board reviewing the same or the lead agency if different shall have issued a negative declaration thereon, pursuant to SEQRA or until such board or agency shall have issued a positive declaration and a draft environmental impact statement shall have been submitted and accepted as complete.

[Amended 12-18-1997 by L.L. No. 38-1997]

Method of making completeness determination. The board's determination of completeness in the preceding subsection shall be made only by resolution of the board; provided, however, that the duly adopted rules of a board may provide that this determination shall be delegated in certain or all cases to the board's presiding officer or to the Town Planning Department.

§ 255-9-23 Notice and hearing.

Setting of hearing; notice. Upon determining that an application is incomplete, the board reviewing the same shall fix a time and place for a public hearing thereon. The public hearing shall be held within 62 days following the board's determination that the application is complete, except that a public hearing on an application before the Zoning Board of Appeals shall be held within a reasonable time after the Board of Appeals has determined the application to be complete, as provided in Town Law § 267-a, Subdivision 7, and as permitted by the Town's municipal home rule powers (superseding Town Law § 274-b, Subdivision 6, to the extent necessary). The board reviewing an application shall provide for the giving of notice at least 10 days prior to the date of the public hearing as follows:

[Amended 6-19-1992 by L.L. No. 18-1992; 11-15-1996 by L.L. No. 19-1996; 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998]

By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper.

By requiring the applicant to erect a sign measuring not less than two feet long by one foot wide, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be made of durable material, shall be set back not more than 10 feet from the property line, shall be not less than two feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than 10 days immediately preceding the date of the public hearing or any date to which such hearing may be adjourned. The applicant shall file an affidavit that he has complied with this provision.

By requiring the applicant to send a copy of the public hearing notice to the owners of record of every property which touches or abuts and every property which is directly across any public or private street from, the property involved in the application. This provision shall require that such notice be given to all such owners, including the owners of lands underwater or within another governmental jurisdiction, excepting only the following entities: the State of New York, the County of Suffolk, the Town of East Hampton, the Metropolitan Transportation Authority (Long Island Rail Road) and the owners of subdivision reserved areas other than agricultural reserved areas. (The owners of agricultural reserved areas must receive notice.) Such notice shall be made by certified mail, return receipt requested, posted at least 10 days prior to the date of the public hearing and addressed to the owners at the latest addresses listed for them in the records of the Town Assessor's office. The applicant shall file with the Board an affidavit that he has complied with this provision, together with the postal receipts evidencing notification of the abutting property owners.

By causing a copy of the complete application to be transmitted to the Suffolk County Planning Commission and the Suffolk County Pine Barrens Review Commission, in cases where such referral of the application is required by the provisions of § 239-m of the New York General Municipal Law, §§ C37-4 and C37-5 of Article XXXVI of the Suffolk County Charter and §§ A14-22 and A14-23 of Article XIV of the Suffolk County Administrative Code, as the same may be from time to time amended.

By causing a copy of the complete application to be transmitted to the owner of every parcel of land located within 500 feet of the property involved in the application, which parcel of land is located in an agricultural district established pursuant to Article 25-AA of the State Agriculture and Markets Law and which contains a farm operation. Such transmittal shall be required in every application for a special permit, site plan approval, or a use variance but shall not be required if the application involves only area variances. See Town Law § 283-a and Agriculture and Markets Law § 305-a.

Exceptions. The provisions of Subsection A hereof shall not apply in the following circumstances, to the extent described herein:

[Amended 11-15-1996 by L.L. No. 19-1996; 2-10-1998 by L.L. No. 6-1998]

This section shall not be deemed to require the Architectural Review Board to hold a public hearing on any application made to it, although the Review Board shall not deny an application without having first afforded the applicant an opportunity to be heard. However, the Review Board may choose to schedule and hold a public hearing on any application made to it if the Board believes that doing so would assist in its review of the application. In any such case, the Board shall give notice of such public hearing as specified in Subsection A hereof and shall require the applicant to comply with the notice provisions of Subsection A(2) and (3).

In the case of the Planning Board and Zoning Board of Appeals, public hearings which are otherwise required hereby may be waived in certain limited instances as provided for in Articles VI and VIII hereof, respectively, and in compliance with any notice requirements provided for in those articles. No complete application for a permit or approval may be finally denied by either board without a hearing, but the waiver of hearing by any board shall not be deemed to abridge in any way the right of such board to modify and approve an application or to approve the application subject to conditions, in the same manner as if a hearing had been held thereon.

Notice shall not be required as set forth in Subsection A hereof for a public hearing which is duly noticed and held but is adjourned or continued to a later date.

On an appeal to the Zoning Board of Appeals pursuant to Article VIII of this chapter, from an interpretation or other decision made by the Building Inspector regarding a particular parcel of property, the applicant ("appellant") shall not be required to comply with the provisions of Subsection A(2) above (i.e., erection of a sign on the property) if he does not own the property and if he has an interest in the outcome of the appeal which is adverse to that of the property owner. In such a case, however, the applicant shall send a copy of the public hearing notice to the property owner, by certified mail, in the same manner in which Subsection A(3) requires that he notify abutting property owners.

Conduct of hearings. Hearings shall be conducted in a fair and open fashion and in accordance with § 101 et seq. of the New York Public Officers Law. Procedures regarding the taking of testimony, swearing in of witnesses, cross-examination and the like shall be as prescribed in the rules of the particular board.

§ 255-9-24 Post-hearing determination.

[Amended 6-19-1992 by L.L. No. 18-1992; 11-15-1996 by L.L. No. 19-1996]

The Board shall render a final written determination on an application within 62 days following the close of the public hearing which it has held thereon or, if no hearing is required, within 62 days of the Board's receipt of a complete application, but this time period may be extended if the consent of the applicant is obtained for a longer period of time.

§ 255-9-25 Continuing jurisdiction.

Where any provision of this chapter provides for continuing jurisdiction of a board, said board shall, for the period of time stated in the provision, retain the right to modify, suspend or revoke the approval it has given, or any term or condition thereof, or to impose thereon one or more new conditions, all on the following grounds:

False statements. False statements, misrepresentation or mistake of material fact in the application, supporting papers or supporting testimony.

Noncompliance with permit. Failure of the applicant permittee to comply with any conditions or terms of the approval.

Activity beyond permit. Exceeding the scope of the activity use or project as the same was described in the application.

Violation of other local rules. Willful or continuing noncompliance by the applicant with any provision of the Town Code, or local agency regulations adopted thereunder, directly related to the approved activity, use or project.

Nothing in this section shall be construed as limiting the authority of the Building Inspector or other local agency with authority to enforce any provision of this chapter at any time.

§ 255-9-26 Fees.

[Amended 5-1-1992 by L.L. No. 11-1992]

Fees generally. The fees presently charged by the Town for applications for special permits, site plan approvals, architectural and design reviews and variances and for engineering reviews connected with the same are hereby continued. From time to time, the Town Board may by resolution amend one or more of the above fees or institute new fees for other reviews, permits or approvals required of local agencies under this chapter. The Building Inspector shall maintain a current schedule of all such fees and shall make the same available to any member of the public wishing to obtain a copy of the same.

Authority of Town Board. In amending by resolution one or more of the fees referred to in the preceding subsection, or in instituting by resolution new fees as authorized by the preceding subsection, the Town Board may also by resolution do the following:

Set different fees for different types of reviews, permits or approvals, such as a different fee for applications for area variances as opposed to use variances;

Set fees which are cumulative or graduated, or which change depending on some variable in an application for which a fee is imposed;

Set the time or point in an application at which a given fee is payable, such as at the time the application is made;

Set fees for extensions of previously issued permits or approvals, for modifications of such permits or approvals or for the scheduling or rescheduling of public hearings on applications for reviews, permits or approvals;

Provide that one or more fees are nonrefundable; and

(6)

Do any other thing which ensures a fair charge or reimbursement for the Town's activities and expenses in processing, reviewing and approving applications made under this chapter.

Completeness of applications. Unless the Town Board has, by resolution, specifically directed that a particular fee be collected only after a local agency approval, no application for a review, permit or approval required under this chapter shall be deemed complete for the purpose of scheduling a public hearing or for the purpose of approval by the local agency reviewing the same until and unless all fees required of such application have been remitted to and collected by the Town. Should the foregoing provision be deemed in any way inconsistent with the timing requirements of § 267 (effective until July 1,1992), § 267-a (effective July 1, 1992) or § 274-a of the New York Town Law, those Town Law provisions are hereby superseded to the extent that they might be construed to require local agency action before the remittance of proper fees.

Validity of approvals; nonwaivability of fees. The failure of the Town or any local agency to collect a fee required under this section shall not be deemed to invalidate an approval issued or granted by the local agency, unless the local agency conditioned its approval upon remittance of the fee and it is not remitted. However, the failure of the Town or any local agency to collect a fee required under this section before the local agency approves an application shall not constitute a waiver of the Town's right to collect said fee.

Fees for personal wireless service facility applications.

[Added 11-1-2002 by L.L. No. 34-2002]

The Town shall have the right to properly plan for and evaluate applications for personal wireless service facilities and to charge reasonable fees for such services to the applicant. Such fees shall include, but shall not be limited to, the following:

Application fee. The Town staff shall evaluate each application on a case-by-case basis. The application fee shall include, but shall not be limited to, the cost for Town staff to properly evaluate applications for personal wireless service facilities. The application fee shall be equally applied to all applications.

Special fee. The Town shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual personal wireless service facilities. The special fee shall include, but shall not be limited to, the hourly rate of the independent technical consultant or expert the Town deems necessary to properly evaluate applications for personal wireless service facilities. The special fee shall be applied to those applications requiring special review or evaluation.

General fee. The Town has retained independent consultants and experts on wireless planning and may retain future independent consultants and experts to assist Town staff with proper planning for personal wireless service facilities. The general fee shall include, but shall not be limited to, the prorated share for each applicant of such costs for the independent consultants and experts and for Town staff. The general fee shall be prorated among all applications on an equal basis.

§ 255-9-27 Experts.

Within the limits of their annual budgets and as provided for therein, boards may contract with individuals on an ad hoc basis to render expert advice, assistance or testimony with regard to any application or other matter over which such board has jurisdiction under this Code.

§ 255-9-28 Security.

Subject to the approval of the Town Attorney and the acceptance thereof by the Town Board, boards may reasonably require as a condition of approval, and may accept, cash, checks, bonds, letters of credit, passbooks or other forms of security for an undertaking or to insure compliance with conditions imposed in any permit or other approval which they give.

§ 255-9-29 Instruments.

Subject to the approval of the Town Attorney and the acceptance thereof by the Town Board, boards may reasonably require as a condition of approval, and may accept, easements, deeds, covenants or any other form of recordable instrument affecting the use of the property in question. A violation of the terms of any such recorded instrument by the applicant or landowner, or by the heirs, vendees, successors, assigns or agents of same, shall constitute a violation of this chapter subject to the provisions of Article X hereof.

§ 255-9-30 Amendment of chapter.

[Amended 3-6-1996 by L.L. No. 3-1992; 11-15-1996 by L.L. No. 19-1996]

The following rules shall apply to any amendment of this chapter, in addition to any provision of state law not superseded herein:

Method. This chapter, including the use and dimensional tables of Article XI and the Use District Map of Article XII hereof, may be amended only by local law duly enacted by the Town Board. See generally New York Town Law §§ 264 and 265 and New York Municipal Home Rule Law § 20. Any amendment of the Use District Map of Article XIII hereof shall be adopted only after compliance with the notification provisions set forth in Subsection G hereof.

[Amended 12-5-2003 by L.L. No. 41-2003]

Petition to amend Use District Map (rezone property). All private petitions to amend the Use District Map shall be submitted to the Town Board in the form prescribed by the Town Board. No fee shall be charged for such petitions.

Referral to Planning Board. Every proposed amendment or change to this chapter, however initiated, shall be referred to the Planning Board for a written recommendation. Such referral shall be made prior to any public hearing which the Town Board may hold on the proposed change and shall be made with sufficient time to allow the Planning Board to consider the proposed change at a regularly scheduled Planning Board meeting and to forward its recommendation to the Town Board prior to the date of any Town Board hearing. If the referral required hereunder is timely made, the Planning Board's failure to make or to forward a written recommendation regarding the proposed change shall not prevent the Town Board from acting upon the proposal.

Hearing. No amendment of this chapter other than to the Use District Map may be made, except after a public hearing held upon at least 10 days' notice. No amendment of this chapter to amend the Use District Map shall be made, except after a public hearing held upon at least 30 days' notice to effected property owners, as provided for in Subsection G hereof.

[Amended 12-5-2003 by L.L. No. 41-2003]

Referral to Suffolk County Planning Commission and Suffolk County Pine Barrens Review Commission. All proposed amendments of this chapter which must by law be referred to the Suffolk County Planning Commission or the Suffolk County Pine Barrens Review Commission shall be so referred in accordance with the provisions of § 239-m of the New York General Municipal Law, §§ C37-4 and C37-5 of Article XXXVI of the Suffolk County Charter, and §§ A14-14 through A14-21 of Article XIV of the Suffolk County Administrative Code, as the same may be from time to time amended. With regard to such proposed amendments of this chapter, the Town Board shall not act on a proposed amendment until it has received the report of the County Planning Commission, provided that such report is received within a period of 45 days from the date of receipt by the Planning Commission of a complete referral.

Notice to other agencies. Pursuant to § 264 of the Town Law, where a proposed amendment would affect property lying within 500 feet of the lands enumerated below, notice of the amendment shall be served personally or by mail upon the representatives specified below, at least 10 days in advance of the public hearing:

For lands owned by a housing authority authorized under the Public Housing Law or on which such housing authority is erecting a housing project, the executive director of the authority and the chief executive officer of the municipality providing the authority with financial assistance.

For lands lying within the Town of Southampton or within any incorporated village, the Municipal Clerk.

For state park lands or state parkway lands, the Long Island Regional State Park Commission.

Use District Map amendments - notice to property owners. Where an amendment to the Use District Map of Article XII of this chapter is proposed, the Town Clerk shall serve, upon all property owners whose zoning classification on said Map is proposed to be amended, a notice, which notice shall be delivered personally or by mail addressed to the last owner of record of such property at the address set forth in the current official tax roll of the Town of East Hampton, which notice shall be served at least 30 days prior to the date set for the public hearing to consider the proposed amendments(s). Said notice shall contain a description of the proposed change, including the existing zoning and the proposed change(s) together with a map depicting the properties whose zoning classification will be amended with the proposed changes noted thereon, and such notice shall set forth the date and time of the public hearing and shall advise the property owners that they may appear at the time of the hearing, in person or by agent, or may submit written comments on the same, which comments shall be delivered to the Town Clerk and must be received prior to the date and time set forth for such public hearing.

[Added 12-5-2003 by L.L. No. 41-2003[1]]

[1]

Editor's Note: This local law also provided for the renumbering of former Subsection G as Subsection H.

Effective date; publication not required. Any amendment of this chapter shall take effect as provided under the Municipal Home Rule Law. To the extent that certain provisions of §§ 264 and 265 of the New York Town Law may be construed to require that, after the adoption of an amendment, the amendment or an abstract or summary thereof be published in a newspaper designated by the Town and that an affidavit of publication be filed with the Town Clerk, those provisions of Town Law §§ 264 and 265 are superseded pursuant to the Town's powers under Article 9, § 2(b)(3) of the New York State Constitution; § 10, Subdivision 6, of the Statute of Local Governments; and § 10, Subdivision 1(ii)a(3), (11) and (14), of the Municipal Home Rule Law.

§ 255-9-32 Protest petitions.

[Added 11-15-1996 by L.L. No. 19-1996]

New York Town Law § 265 imposes a supermajority voting requirement upon the Town Board in its adoption or amendment of zoning regulations, when the adoption or amendment of those regulations has been the subject of a protest petition filed by certain property owners. Notwithstanding the provisions of § 265 of the Town Law, in cases in which such protest petitions have been filed the amendment of this chapter shall be governed by the provisions of this section, which shall supersede the application of Town Law § 265 in its application to such amendments.

Purpose. As was formerly stated in Chapter 16 of this Town Code (repealed simultaneously with the adoption of this section), the health, safety and welfare of the community cannot be adequately protected by the Town Board unless it can speedily effect changes of land use regulations when the need for such action is clearly shown. The supermajority vote provisions of § 265 of the Town Law have in the past proven to be detrimental to the Town by impairing the Town Board's ability to speedily enact needed changes in the Town's zoning and land use regulations, even when such changes have been desired by the overwhelming majority of Town residents and by a majority of their elected representatives, with the result that sound planning has been undermined and the will of the electorate thwarted. For this reason, the Town Board on January 13, 1984, enacted Local Law No. 3-1984, which employed the powers granted the Town in the State Constitution, Statute of Local Governments and Municipal Home Rule Law to remedy this situation and supersede the pertinent provisions of Town Law § 265, as they then existed. It is the intent of this section to continue such supersession power in respect to changes or amendments of this chapter.

Supermajority vote of Town Board not required. The Town Board may amend this chapter and may adopt, amend, change, modify or repeal any land use regulation, restriction, zoning (use) district classification or zoning district boundary contained herein or to be included herein by adoption of a local law as set forth in § 255-9-30 hereof, and such local law shall be deemed to have been approved and adopted by a favorable vote of a simple majority of the entire Town Board and shall then take full force and effect as provided for in the laws of the State of New York, regardless of whether or not the amendment, change, modification or other action has been the subject of a written protest presented to the Town and signed by:

The owners of 20% or more of the area of land included in such proposed change; or

The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed change, extending 100 feet therefrom; or

The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.

Town Law superseded. This section shall be deemed to supersede and amend, in its application to the Town of East Hampton, those portions of Subdivision 1 of Town Law § 265 which require an affirmative vote of 3/4 of the members of the Town Board to adopt a change or amendment to this chapter which change or amendment is the subject of a protest petition as set forth in said Subdivision 1 of Town Law § 265. Such supersession is accomplished pursuant to the Town's powers under Article 9, § 2(b)(3), of the New York State Constitution; § 10, Subdivision 6, of the Statute of Local Governments; and § 10, Subdivision 1(ii)a(3), (11) and (14), of the Municipal Home Rule Law.

§ 255-9-35 Effect of amendments.

Completion of buildings or structures for which building permits have been issued. Where a lawful building permit has been granted for the construction, reconstruction, alteration or moving of any building or structure, and said permit has not expired, no amendment to any provision of this chapter shall be deemed to require any change in the plans, construction or use of such building or structure, provided that:

The construction of such building or structure shall have been begun and been diligently prosecuted prior to the effective date of the amendment in question; and