[HISTORY: Adopted by the Town Board of the Town of East Hampton 12-2-1977 as Ch. 56 of the 1977 Code; amended in its entirety 11-19-1999 by L.L. No. 32-1999. Subsequent amendments noted where applicable.]
Article I Urban Renewal Treatment of Old Filed Maps
Article II Acquisition and Redevelopment of Three Mile Harbor Senior Citizens Trailer Park
[Amended 5-15-2003 by L.L. No. 11-2003]
This chapter may be referred to as the "Town of East Hampton Urban Renewal Law."
This article is adopted as a local law pursuant to the authority of Article IX of the New York State Constitution; § 10 of the New York Statute of Local Governments; Article 2, § 10 of the New York Municipal Home Rule Law; the New York Eminent Domain Procedure Law; Article 15 ("Urban Renewal") of the New York General Municipal Law and related provisions of Chapter 402 of the Laws of 1961 enacting said Article; Articles 4 and 16 of the New York Town Law, including § 276 thereof concerning control of development in undeveloped filed subdivisions; and East Hampton Town Local Law No. 2 of 1976.
The findings of Local Law No. 2 of 1976 are hereby ratified and reaffirmed by the Town Board as if set forth fully herein.
The Town Board finds that the unregulated development of certain old filed maps - poorly platted subdivision areas recorded with the County of Suffolk prior to the implementation of planning and zoning in East Hampton - poses a severe threat to the environmental and economic well-being of the community through potential large-scale over-development, over-clearing of land, over-crowding of population, depletion of resources, erosion of soil, pollution of lands and waters, and disruption of the goals of the Town's Comprehensive Plan and Zoning Code.
It is further found that such old filed map areas constitute "substandard or unsanitary areas" as that term is defined in § 502 of Article 15 of the General Municipal Law, since such old filed map areas meet the criteria set forth by the State Legislature in § 1 of Chapter 402 of the Laws of 1961, in that, among other things, such areas are characterized by one or more of the following conditions which hamper or impede their safe and proper development:
Excessive land coverage.
Excessive population density.
Poorly or improperly designed street patterns and intersections.
Traffic congestion hazardous to the public safety.
Lack of suitable off-street parking.
Impractical street widths, sizes and shapes.
Blocks and lots of irregular form, shape or insufficient size, width or depth.
Unsuitable topography, subsoil or other physical conditions.
Modernization and redesign of old filed maps by the Town, through the application of a carefully structured urban renewal and regulatory process, can ameliorate or alleviate each of these serious potential problems, while at the same time assuring for every individual lot owner in such old filed map areas continued reasonable economic value for their land.
The purpose of this chapter is to continue and improve a comprehensive system of regulation providing for the redesign and proper development of old filed maps in the Town of East Hampton, such system having been first implemented by the Town Board in Local law No. 2 of 1976 and having been founded primarily on the recognized authority of a Town under the state Urban Renewal Law (Article 15 of the General Municipal Law) to prevent and, where necessary, eliminate areas of substandard, unsanitary or unsafe land use in the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- The obtaining of title by the Town of East Hampton to property comprising all or part of a designated Urban Renewal Area, either to hold for public purposes or for reconveyance as provided for in this chapter. Any such acquisition shall also constitute an "acquisition" as defined in § 103 of the Eminent Domain Procedure Law and an "acquisition of property" as authorized by § 506 of the General Municipal Law.
- ACQUISITION FEE
- A fee of $5,000, or such other amount as may be set from time to time by Town Board resolution, representing the approximate average cost to the Town of counsel fees incurred in the acquisition and reconveyance of lots in Urban Renewal Areas, and not including costs for filing fees, surveys, appraisals, publication and similar out-of-pocket costs.
- Any Town employee, including the Town Attorney, or any special counsel, consultant, contractor or other person or persons hired, appointed or designated by the Town Board to administer or assist in the administration of this chapter, or to perform the function assigned to the "Administrator" hereunder. In the event no such appointment or designation shall have been made, or a vacancy shall exist, the Town Attorney (or his or her designee within the Town Attorney's legal staff) shall be deemed to be the Administrator for all purposes of this chapter.
- BUILDING INSPECTOR
- Any Town employee appointed by the Town Board as a "Building Inspector" pursuant to the Town Law and Chapter 102 and 255 of the East Hampton Town Code, or any other person duly appointed or designated by the Board to perform the functions assigned to the "Building Inspector" by this chapter.
- A method of acquisition carried out by the Town in substantial compliance with the provisions of the Eminent Domain Procedure Law.
- The inability of two or more owners of land in an Urban Renewal Area to coordinate their actions or work in concert to create building lots as shown on the Urban Renewal Plan adopted by the Town for the area, or to otherwise together comply with such plan, with the result that one or more owners wishing to obtain a building permit for the use of their property is unable to do so.
- A change made by the Town Board, or the Planning Board if so authorized by the Town Board, to an Urban Renewal Plan previously adopted by the Town. This term shall include the approval of any property division or any lot boundary line change in an Urban Renewal Area not in accordance with the controlling Urban Renewal Plan, but shall not include Town Board changes of the prevailing per-lot fee, as defined herein.
- OLD FILED MAP
- Any subdivision map or division of land filed in the office of the Suffolk County Clerk without Town of East Hampton Planning Board approval.
- An owner of property in an Urban Renewal Plan, including one who is involved in a dispute, as defined herein.
- PLANNING BOARD
- The Planning Board of the Town of East Hampton. Such Board shall for the purposes of this chapter constitute the planning "commission" defined in § 502 of the General Municipal Law. With regard to carrying out the urban renewal functions provided for in this chapter, the Planning Board shall have only those powers delegated to it herein, or by subsequent resolution of the Town Board acting in accordance herewith.
- The disposal to any private party of property previously acquired by the Town in an Urban Renewal Area, to implement or carry out an Urban Renewal Plan.
- ROAD IMPROVEMENT UNIT ("RIU")
- A measure of the amount of road and drainage work, or other similar subdivision-type improvement work, which each owner of an urban renewal parcel in a particular Urban Renewal Plan must accomplish before being eligible to obtain a building permit for his property.
- TOWN BOARD
- The East Hampton Town Board. Such Board shall for the purposes of this chapter constitute the "governing body" to carry out the urban renewal functions provided for herein, both as defined in § 502 of the General Municipal Law.
- URBAN RENEWAL AREA
- An old filed map, or one or more portions of such a map, which the Town Board, pursuant to § 504 of the General Municipal Law and this chapter, designated as appropriate for urban renewal treatment, after public notice and hearing.
- URBAN RENEWAL PARCEL ("URP")
- Any lot or parcel shown on an Urban Renewal Map and having a parcel number assigned by that map.
- URBAN RENEWAL PLAN ("PLAN")
- A comprehensive plan, map, plat, or treatment for an identified Urban Renewal Area officially adopted by majority vote of the Town Board after public notice and hearing, which may show some or all of the following: existing ownership patterns; roads to be improved, widened, partially opened or abandoned; drainage areas and improvements; areas to be dedicated, or over which easements are to be given; placement of hydrants, fire wells, cisterns or other similar improvements; important natural features and topography, together with mandated scenic easements or open spaces required to protect the same; proposed parks or public acquisitions; urban renewal parcels; assigned road improvement units and other prebuilding requirements for lot owners; as well as other features or details customarily shown on modem subdivision maps. Urban renewal parcels whose creation will involve modified lot lines, lot combinations or the like, shall be clearly shown in order to indicate areas where Town acquisition and reconveyance of property will be required to carry out the Plan in the event voluntary compliance therewith does not occur.
From time to time, upon report and recommendation of the Planning Board, the Town Board may designate all or a portion of any old filed maps in the Town of East Hampton as an Urban Renewal Area. However, no such designation shall be made except upon a finding by the Board, made after a public hearing held on 10 days' notice, that the area to be so designated is characterized by one or more of the substandard, unsanitary, unsafe, deteriorated or blighted conditions identified by the State Legislature in § 1 of Chapter 402 of the Laws of 1961; provided, however, that the Board need not determine that such conditions affect every individual property within the designated area.
Planning Board recommendation. As a part of any report and recommendation which it makes to the Town Board pursuant to the preceding section, the Planning Board shall include a recommended Urban Renewal Plan (also know as an "Urban Renewal Map") for the proposed Urban Renewal Area.
Initial review by Town Board. The Town Board shall review the Plan recommended to it by the Planning Board, including specifically all lot line modifications, lot combinations or other similar elements of the Plan which could potentially require the use of eminent domain by the Town under this chapter, After its review, the Town Board may accept or modify the proposed Plan, or cause a Plan of its own to be prepared. It shall send the accepted Plan back to the Planning Board for public hearing.
Planning Board hearing and certifications. The Planning Board shall promptly schedule a public hearing on at least 10 days' notice to consider the proposed Urban Renewal Plan. After such hearing, the Planning Board, pursuant to § 505(2) of the General Municipal Law, shall certify whether the Plan conforms to the findings made by the Town Board in designating the Urban Renewal Area pursuant to General Municipal Law § 504, conforms to the Town Comprehensive Plan, is consistent with local land use objectives, and otherwise complies with § 502(7) of the General Municipal Law. As promptly as possible, and in no case later than 10 weeks after the date of the referral of the Plan to it, the Planning Board shall submit these certifications to the Town Board, together with its recommendation to approve, disapprove or approve with modifications, the Plan.
Town Board action. After a public hearing, held on at least 10 days' notice and not earlier than four weeks after the above certifications are received or due from the Planning Board, the Town Board may approve and adopt the Urban Renewal Plan in the manner provided for in § 505(3) of the General Municipal Law. If, in light of evidence adduced at its public hearing, the Town Board intends to make substantial modifications to the Plan as heard, the Town Board shall hold an additional public hearing. Notice of any hearing held pursuant to this subsection shall comply with § 202 of the Eminent Domain Procedure Law. Conduct of such hearing shall comply with§ 203 of said Law. The determinations and findings of the Town Board after such hearings shall comply with the requirements of § 204 of said law. In its resolution adopting any Urban Renewal Plan, the Town Board shall also make the findings required by § 505(4) of the General Municipal Law.
Compliance with SEQRA. Before approving and adopting any Urban Renewal Plan, the Town Board shall act as lead agency and shall comply with all applicable provisions of the State Environmental Quality Review Act. In the event a hearing is required to be held by the Board under that act, the same may be combined and held jointly with the hearing referred to in the preceding section.
Required compliance. Every resolution of the Town Board approving and adopting an Urban Renewal Plan should state that all future improvements in the affected Urban Renewal Area are to be in accordance therewith.
Road improvement units. Explicit assignments of road improvement units shall be an integral part of any Urban Renewal Plan approved and adopted by the Town Board. RIU's shall be assigned in a uniform fashion to all vacant URP's in a plan, or to identifiable classes of URP's sharing similar characteristics, in order to assure that when building is completed within the boundaries of any Plan, all necessary public improvements shown on the approved Plan shall have been completed, and the costs of such improvements shall have been equitably distributed therein. A change in the number of RIU's assigned to any property shall constitute a modification of the Urban Renewal Plan which shall not be undertaken except in accordance with the procedures for such modifications set forth in § 232-1-70 hereof.
The following shall apply to any and all property located in any Urban Renewal Area for which an Urban Renewal Plan shall have been approved and adopted by the Town Board:
Permits - URP conformity. No building permit, natural resources special permit, certificate of occupancy, variance or other Town authorization, approval or permit shall be issued in connection with the use of any property, unless and until the boundary lines of such property conform with those shown on the Urban Renewal Plan for a numbered Urban Renewal Parcel and all other requirements of the Urban Renewal Plan, including any required dedication or grant of easement to the appropriate fire or fire protection district for the siting of fire-fighting improvements, have been met by the URP owner. Where two or more adjoining URP's are commonly owned, both can be eligible for building permits under this subsection, but no URP owned in common with an adjoining property that does not conform to applicable URP lot lines shall be so eligible.
Permits - RIU compliance. No Town authorization, approval or permit shall be issued in connection with the construction or occupancy of any principal building, including a residence, on any vacant urban renewal parcel until the owner thereof shall have made proper application to the Town Planning Board for a determination as to the specific work and improvements to be required by the Planning Board to satisfy the Urban Renewal Plan RIU assignment for his property, and shall then have completed such work or improvements to the satisfaction of the Town Engineer. The Planning Board in its determination may permit the owner to execute an undertaking in favor of the Town, secured for no less than the dollar amount of his RIU assignment, in order to obtain a building permit prior to actually carrying out the required RIU work. However, no certificate of occupancy may be issued by the Building Inspector in any case until all work determined to be required by the Planning Board shall have been satisfactorily accomplished, and any property dedication or easement required of the lot owner by the Urban Renewal Plan or by the Planning Board shall have been carried out.
Roads. No public or private road or street, nor any platted right-of-way of any description, shall be cleared, opened, extended, widened, paved, improved or used for access by any party, including any governmental entity, public authority or utility corporation, except as depicted on the approved Urban Renewal Plan.
Jurisdiction. The Town Board shall retain exclusive jurisdiction with regard to the layout of lots, streets, drainage structures, utilities and other improvements in any Urban Renewal Area for which an Urban Renewal Plan has been adopted. The Planning Board may issue subdivision approvals or subdivision waivers for property included in any such approved Plan, subject to and conditioned upon the Town Board's determination to amend the Urban Renewal Plan. The Zoning Board of Appeals shall issue no variances authorizing or resulting in changes to streets, access, frontage, road improvement units or any other specific feature or requirements of any such plan, or of this chapter, with the exception of variances for lot line configurations, divisions, diminishments or expansions of any lot, which shall be subject to and conditioned upon the Town Board's determination to amend the Urban Renewal Plan.
[Amended 9-20-2005 by L.L. No. 29-2005]
Relationship to other laws. Unless specifically contravened by an element of an approved Urban Renewal Plan, the provisions of Chapter 102 (Building Construction), Chapter 255 (Zoning) and all other provisions of the Town Code with regard to permitted and specially permitted land uses, building sizes, setbacks, environmental protection, firesafety, etc. shall apply to all properties in any Urban Renewal Area, and all landowners in any such area shall comply with all such Code provisions in addition to the regulations contained herein, or implemented hereunder.
Consideration of modifications. At the request of the Town Planning Board or Town Engineer, any affected landowner, or on its own motion, the Town Board may consider modification of any previously approved Urban Renewal Plan to show amended lot lines, lot layout, revised lot combinations, new lots, reconfigured streets, fire-fighting dedications, open spaces or improvements, changed RIU requirements, or other Plan elements. In all cases, the Board shall conduct a public hearing on 10 days' notice before it acts. In the event the modifications being considered could result in Town acquisition by eminent domain of properties not previously affected under the Plan as originally approved or modified, then the public hearing shall conform to §§ 202 through 204 of the Eminent Domain Procedure Law.
Consultation with Town Planning Board and Town Engineer. Before approving any proposed modification to an Urban Renewal Plan, the Town Board shall request and receive written reports from the Planning Board and Town Engineer setting forth their views on the consistency of the proposed change with the Urban Renewal Plan, the practicality of the proposed change, and their recommendations as to whether or not the changes should be approved.
SEQRA. Before approving any such modification, the Town Board shall comply with all applicable provisions of the State Environmental Quality Review Act.
It is the intent of the Town that owners of properties in designated Urban Renewal Areas understand their rights and obligations under the law. To this end, the Building Inspector shall maintain in his office and supply to any party requesting the same, copies of this local law, copies of Urban Renewal Plans approved and adopted by the Town, and any pamphlet, brochure, fact sheet or other similar informational document which shall have been approved by the Town Board for distribution to landowners in old filed maps/Urban Renewal Areas of the Town.
Initial complaint to Town. Any party (the "originating party") believing that he or she is unable to obtain a building permit because of the existence of a dispute as defined herein, may notify the Town of this contention, by filling out and submitting to the Building Inspector the official Town form provided for this purpose (the "originating form"). The Building Inspector shall supply the originating party with all informational documents then being maintained in the Building Inspector's office, which shall include a statement describing the purposes of this article and the dispute resolution procedures, and the Building Inspector shall mail the same materials and the originating form, certified mail, return receipt requested, to all other parties to the dispute identified on the originating form. For this purpose the Building Inspector shall use the tax roll addresses for all parties.
Request for mediation. Not less than 45 days after the mailings referred to in the preceding subsection, the originating party or any other party to the alleged dispute may file with the Building Inspector a request for mediation, on the official form provided by the Town for this purpose. If no party to the alleged dispute files a request for mediation within the time allowed, the dispute shall be considered closed and no party may file an originating form or a request for mediation for a period of one year thereafter.
Review by Administrator. Within 14 days of his receipt of a timely filed request for mediation, the Building Inspector shall forward such request for mediation to the Administrator, who shall do the following:
Examine each form and evaluate the underlying situation to determine whether a dispute exists. The Administrator shall not find that a dispute exists unless the originating party has made at least one bona fide offer in writing to another party to buy property at a reasonable price to achieve compliance with the Urban Renewal Plan.
If the Administrator determines that no bona fide offer has yet been made, or that offers made have not yet been refused, or otherwise that no Dispute exists, the Administrator shall so inform all parties in writing, and shall suggest a course of action for the parties to follow.
If the Administrator finds that a dispute exists, he or she shall endeavor to resolve the dispute amicably. To this end, the Administrator may contact or meet with one or more of the parties to the dispute and may serve as an intermediary or negotiator between such parties in order to facilitate and expedite the land transactions or other agreements between them necessary to achieve compliance with the controlling Urban Renewal Plan. The Administrator also may recommend to the Town Board the negotiated purchase of property from one or more of the parties, including for reconveyance to another landowner if required. The negotiating period shall not exceed six months and may be terminated at any time by the Administrator.
In cases where the Town Board has authorized acquisition and reconveyance of property prior to January 1, 2003, the Administrator shall (a) inform the Board of that prior determination, and (b) give such weight to that earlier determination, and to the length of time that has passed since that earlier determination was made, as the Administrator shall deem appropriate in formulating his or her recommendation to the Town Board.
If the mediation referred to in § 232-1-90C above does not result in voluntary agreement between all parties and settlement of the dispute between them, the Administrator shall give the originating party 15 days to make a written offer, which offer shall contain both an offer to buy the property of the other party or parties to the dispute and an offer to sell his or her property to the other party or parties, at the same price per square foot (a "buy/sell offer").
If the originating party does not make a "buy/sell offer" within the time allotted, the Administrator shall give the other party or parties 15 days to make a buy/sell offer to the originating party.
If no party makes a Buy/Sell Offer, the Dispute shall be deemed closed, and Administrator shall so inform the Town Board and shall recommend whether or not the Town should proceed as set forth in § 232-1-90G, below.
The recipient(s) of a buy/sell offer shall have 15 days to accept it by agreeing in writing either to sell his or her (or their) property or to buy the offeror' s property at the offered price and the parties shall enter into a contract of sale within 30 days thereafter.
If a buy/sell offer is not accepted by the recipient (or by all the recipients, if there is more than one), the Administrator shall recommend to the Town Board that it acquire by eminent domain the property of the recipient(s) and reconvey it to the offering party. The buy/sell offer shall be considered part of settlement negotiations and, therefore, not admissible in the condemnation proceeding.
If a buy/sell offer is accepted but the parties do not enter into a contract of sale within 30 days, the Administrator shall recommend whether (a) the Town Board should condemn the property of one the parties for reconveyance to the other(s), (b) the Town Board should proceed as set forth in § 232-1-90G, below, or (c) the dispute should be deemed closed and one or more of the parties be barred from filing an originating form or request for mediation for such period of time as the Town Board may determine in its discretion.
All buy/sell offers, acceptances, contracts and other written communications sent by any party to any other party pursuant to this Subsection D shall be sent by facsimile transmission, certified first class mail or overnight delivery service such that they are received by the recipient within the time periods established by this Subsection D, and copies shall be sent to the Administrator at the same time and by the same method as they are sent to a party or parties.
Action by Town Board. The Town Board shall promptly consider the recommendations of the Administrator with regard to the resolution by condemnation of any dispute. Whether the Board agrees with the recommendation of the Administrator, does not agree with the recommendations of the Administrator, or is considering the condemnation of properties other than those recommended by him, it shall conduct a public hearing on ten days' notice, including a notice to all parties by certified mail, return receipt requested, and shall make specific findings supporting its position before acting, as provided for in Article 2 of the Eminent Domain Procedure Law.
For the purpose of implementing an Urban Renewal Plan, properties acquired hereunder by the Town of East Hampton may be retained by the Town, auctioned to the highest bidder, reconveyed to adjoining property owners or third parties, or otherwise lawfully disposed of. All reconveyances shall be for consideration.
The transferee shall pay to the Town an amount in cash equal to the price paid, or agreed to be paid, by the Town to the former owner of the property pursuant to negotiation, or paid by the Town as full payment or as advance payment pursuant to § 304 of the Eminent Domain Procedure Law ("advance payment"), together with the acquisition fee previously established by the Town Board and all out-of-pocket costs incurred by the Town in connection with the condemnation and reconveyance of the property, including without limitation costs of publication, appraisal, survey, title and prorated taxes.
The transferee shall remain liable to the Town for the full amount paid by the Town for the property even if that amount is not determined at the time of reconveyance, and, in that event, the transferee shall execute an agreement acceptable to the Town Attorney to pay such full amount to the Town and granting the Town a security interest and lien on the property to secure such payment. The amount of the lien shall be determined by the Town but no greater than 50% of the advance payment.
The Town Board may require that before it initiates any condemnation of property for reconveyance hereunder, the proposed transferee shall have entered into a conditional contract of purchase with the Town for the property, agreeing therein to pay the above consideration to the Town for the property and shall have paid the Town in advance the acquisition fee and the estimated costs of appraisal, survey and publication.
No proper transferee. In the event no party to a dispute is willing to enter into an agreement with the Town to accept and pay for the reconveyance to him or her of property acquired by the Town from other parties to the dispute, the Town may condemn the property of all the parties and reconvey the same by auction or to a designated sponsor as permitted by § 507 of the General Municipal Law, in order to achieve the URP layout shown on the Urban Renewal Plan.
Applicability to pending cases. The dispute resolution procedures provided for in this section shall apply to any matter currently before any Town official, employee or agency and qualifying as a dispute as defined herein. The Administrator shall review all such matters to determine their status and is hereby authorized to return any or all forms, requests, fees, etc. previously received by the Town with a request to one or more of the parties that all provisions of this chapter be complied with. In the alternative, the Administrator in suitable cases may deem there to have been substantial compliance with this section and may thereafter intervene in the dispute, or order mandatory mediation as the case may be, as provided for herein.
Where a subdivision map has received urban renewal treatment and has been approved by the Town Board after a public hearing, an applicant for a building permit on an eligible urban renewal parcel shown on such map shall perform road and other improvement work assigned by the Planning Board pursuant to § 232-1-60B of this article. Such work shall be assigned in the form of a set number of road improvement units (RIU's). Road improvement units are all the work, including surveying and engineering, clearing, grubbing, grading, drainage, subbase and paving required to complete the roads and drainage in a given old filed map. These units shall be allocated in accordance with the proportionate value of the various items of work per linear foot of road and shall be based on the anticipated completion of all such improvement work when approximately 80% of the undeveloped lots shown in such old filed map have been built on.
The proportionate value of the various items of improvement work per linear foot of road is as follows:
The remaining 20% of the undeveloped lots will be required to perform maintenance units. The proportionate value of the various items of maintenance work per linear foot of road is as follows:
The Building Inspector shall notify the Planning Board in writing of each application for a building permit to build on an urban renewal parcel. The Planning Board, with the concurrence of the Town Engineer, shall indicate the manner in which the road improvement units are to be performed by the applicant in order to obtain a building permit. If the applicant does not wish to do the work before obtaining a building permit, he may, subject to Town Board acceptance, post a performance bond or deliver an undertaking secured by certified check or letter of credit covering the work. In no event, however, is a certificate of occupancy to be issued until the work has been completed and approved by the Planning Board and the bond or undertaking released.
An urban renewal parcel with frontage on a Town or other public highway shall not be exempt from participation in road improvement requirements.
The fee per road improvement unit presently charged by the Town in calculating the estimated cost for a performance bond or an undertaking pursuant to Subsection D above is continued. From time to time, the Town Board may by resolution amend said fee. The Building Inspector shall maintain a current schedule of such fee per road improvement unit and shall make the schedule available to any member of the public wishing to obtain a copy of said schedule.
A fee in the amount of $150 shall be submitted with each application for an urban renewal road improvement assignment. Where the applicant is not the owner of the subject parcel, the application shall also include an authorization from the record owner of the parcel to proceed with the assignment.
Road improvement requirements shall be subject to review one year from the date of Planning Board approval if the work has not been completed, and said review shall include an additional $150 application fee as set forth in Subsection G above.
The fee for inspection of roadwork and other improvements by the Planning Board under this section shall be in the amount of 7% of the estimated cost of the capital improvements.
Nature and purpose of takings. Every eminent domain acquisition of property which shall from time to time be made in any Urban Renewal Area by the Town Board under the provisions of this chapter, being intended to effectuate and implement a duly adopted Urban Renewal Plan of the Town of East Hampton, is hereby deemed and declared in every case to be:
Characterization of transferees. Every property owner attempting to comply with an Urban Renewal Plan and to whom for this purpose the Town reconveys property acquired by it hereunder, shall be deemed, and each is hereby designated as, a "sponsor" under § 507(2)(d) of Article 15 of the General Municipal Law.
SEQRA. Acquisitions and reconveyances carried out by the Town Board under this chapter, having been explicitly considered by the Board at the time of the environmental review and approval of the Urban Renewal Plan of which they are an integral part, or subsequent modifications of such Plan, if any, are hereby found to have no significant deleterious effect on the environment, and to not require any further review, public notice or hearing by the Town Board to comply with the State Environmental Quality Review Act.
Other acquisitions and reconveyances by Town Board. In the absence of any dispute, as defined herein, the Town Board may nevertheless acquire and reconvey property in any Urban Renewal Plan area as provided for in this chapter, provided that the Board finds it necessary to do so in order to achieve required elements of the Plan within a reasonable period. Specifically, the Board may enter into conditional contracts for acquisition and resale of noncomplying vacant lots, or parts of lots, to owners of adjacent occupied lots to achieve the URP layout of an Urban Renewal Plan.
Prior actions. Every action heretofore taken by any Town agency, board, department or employee under Local Law No. 2 of 1976, including but not limited to all approvals, adoptions and/or modifications of Urban Renewal Plans carried out by the Town Board after the effective date of Local Law No. 2 of 1976 and prior to the effective date of this chapter, are hereby ratified, reaffirmed and deemed to have been done in complete compliance with all the findings, purposes, substantive provisions and procedural requirements of said local law and of this chapter.
Nothing in this chapter shall be construed as limiting the authority of the Town Board of the Town of East Hampton, acting in compliance with all applicable state and local laws, to acquire for any public purpose, including the purpose of providing affordable housing for local residents, any particular privately owned property within the Town, whether or not such property is situated in an old filed map; or to use its urban renewal authority to control the development or redevelopment of any property wherever located.
Violations. Where a violation of any provision of this chapter, including the terms or conditions of the provisions of an Urban Renewal Plan adopted hereunder, or any other law, rule or regulation which is expressly and specifically incorporated by reference herein, has been committed or shall exist, the owner of the building, structure or lot where such violation has been committed or shall exist, and/or his agent, architect, contractor, surveyor or any other person who takes part in, assist or commits such violation shall be guilty of a violation of this chapter.
Penalties. Persons found guilty of a violation of this chapter shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 15 days, or both, for each such violation. After the date on which the Building Inspector, Town Attorney, Code Enforcement Officer, or other Town official having jurisdiction shall have notified such person of any such violation, each week's continued violation shall constitute a separate and distinct violation of all purposes hereof.
Should any section or provision of this article be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this law as a whole, or any part thereof other than the part so decided to be unconstitutional or invalid.
This article is enacted for the purpose of authorizing the purchase, renewal and redevelopment of the mobile home park and property known as the Three Mile Harbor Senior Citizens Trailer Park, which the Town Board finds to be a blighted and substandard property, and its reconveyance to a cooperative corporation consisting of residents of said Trailer Park or, if that is infeasible, to a private or public entity capable of managing the subject property as a mobile home park.
The Town Board finds that the Three Mile Harbor Senior Citizens Trailer Park, in its present condition, is a blighted and substandard area which constitutes a serious and growing menace to the welfare of the residents of said Trailer Park and to the residents of the Town of East Hampton generally. The Town Board further finds that, in its present condition, said trailer park is injurious to the public health, safety, morals and general welfare, is insanitary and a source of contamination to nearby surface and ground waters, necessitates excessive and disproportionate expenditure of public funds for all forms of public services, and constitutes a negative influence on adjacent properties, thereby impairing their economic soundness, value and stability and threatening the source of public revenues.
This article is enacted as a local law pursuant to the provisions of the New York Municipal Home Rule Law and Article 15 (Urban Renewal) of the New York General Municipal Law.
The Town Board hereby designates the property known as the Three Mile Harbor Senior Citizens Trailer Park as an area appropriate for urban renewal as that term is defined in § 502 of the General Municipal Law, for the reasons set forth herein. Said property consists of 3.2 acres of land, more or less, lying on the west side of Three Mile Harbor Road north of Soak Hides Road and extending westerly from said Three Mile Harbor Road for a distance of approximately 600 feet to the shoreline of Tanbark Creek. Said property is presently identified on the Suffolk County Tax Map as parcel number 300-120-2-10.
The Town Board is hereby authorized to acquire, redevelop, replan, rehabilitate, improve, conserve and renew the Three Mile Harbor Senior Citizens Trailer Park property described above, pursuant to an urban renewal plan to be adopted under authority of this article, and to reconvey said property, or so much of said property as the Town Board finds will serve the general public welfare, to a residents' cooperative corporation or other private or public entity capable of managing said reconveyed property as a mobile home park.
The Town Board shall cause to be prepared and may adopt an urban renewal plan for the redevelopment, replanning, rehabilitation, improvement, conservation and renewal of the Three Mile Harbor Senior Citizens Trailer Park, in accordance with the procedures set forth in Article 15 of the General Municipal Law and more specifically set forth herein.
Preparation of urban renewal plan. The Town Board shall cause to be prepared an urban renewal plan for the area designated in § 232-2-30 hereof, which plan shall provide for the upgrade of sanitary and other facilities in said area, the removal of mobile homes and/or their relocation to more suitable sites within the area, the protection and conservation of lands bordering Tanbark Creek, and for other improvements or alterations of the area consistent with the purposes of this article.
Referral of plan to Planning Board. The urban renewal plan prepared under supervision of the Town Board shall be referred to the Planning Board for review pursuant to § 505 of the General Municipal Law. The Planning Board shall hold a public hearing on said urban renewal plan, on not less than 10 days' notice, and shall thereafter certify that the urban renewal plan, with or without amendments, complies with the provisions of § 502, Subdivision 7, of the General Municipal Law and is appropriate for urban renewal pursuant to § 504 of the General Municipal Law. Said certification of the Planning Board may include an unqualified approval of the urban renewal plan, a disapproval of the plan, or a qualified or conditional approval of the plan, and shall be submitted to the Town Board not more than 10 weeks following the date of referral of said plan to the Planning Board. The Planning Board shall include with its certification a report with such findings and recommendations as the Planning Board may choose to make.
Town Board adoption or rejection of urban renewal plan. The Town Board may adopt the urban renewal plan for the designated area, or may reject the same, in accordance with the following procedures:
The Town Board shall hold a public hearing on the urban renewal plan, on not less than seven days' notice, said public hearing to be held not more than four weeks following the date on which the Planning Board's certification and report is received or is due to be received, pursuant to Subsection B above.
After public hearing, the Town Board may adopt the urban renewal plan in the following manner:
If the Planning Board has given the plan an unqualified certification of approval, by a majority vote of the Town Board.
If the Planning Board has given the plan a certification of disapproval, or has failed to make its certification and report within 10 weeks of the date of referral to said Board, by a majority plus one vote of the Town Board.
If the Planning Board has given the plan a qualified certification of approval, containing recommendations for modification, without said modifications by a majority plus one vote of the Town Board or, with said modifications, by a majority vote of the Town Board.
In its adoption of an urban renewal plan pursuant to this section, with or without modifications recommended by the Planning Board, the Town Board shall find and fully set forth in its resolution:
That the designated area is a substandard or insanitary area and tends to impair or arrest the sound growth and development of the town.
That any financial assistance to be provided to the town is necessary to enable the project to be undertaken in accordance with the urban renewal plan.
That the plan affords maximum opportunity to private enterprise, consistent with the sound needs of the town, for the undertaking of said plan.
That the plan conforms to the Town Comprehensive Plan.
That there exists a feasible method for the relocation of families and individuals displaced from the designated area by the urban renewal plan into decent, safe and sanitary dwellings which exist or will be provided or made available elsewhere in the town, at rents or prices within the financial means of the families or individuals so displaced and reasonably accessible to their places of employment.
In accordance with the powers conferred herein on the Town Board, said Board may reconvey all or part of the Three Mile Harbor Senior Citizens Trailer Park property in order to effectuate the purposes of this article. Any disposition or reconveyance of such property shall comply with the provisions of § 507 of the General Municipal Law.