Town of East Hampton, NY Article III Overlay Districts

§ 255-3-10 Overlay districts established.

[Amended 10-6-1995 by L.L. No. 12-1995; 7-1-2005 by L.L. No. 19-2005; 4-13-2007 by L.L. No. 14-2007; 10-19-2015 by L.L. No. 35-2015]

For the purpose of applying additional uniform land use regulations to specific categories of land sharing certain important characteristics, there are hereby established the following overlay districts:

A. Affordable Housing Overlay District (AHO).

B. Agricultural Overlay District (AGO).

C. Flood Hazard Overlay District (FHO).

D. Limited Business Overlay District (LBO).

E. Water Recharge Overlay District (WRO).

F. Harbor Protection Overlay District (HPO).

G. Coastal Erosion Overlay District (CEO).

H. Recreational Overlay District (ROD).

§ 255-3-11 Overlay district boundaries.

The boundaries of overlay districts shall be as described in the text of this article, in other official public documents specifically referred to in such text, or as depicted on the Use District Map, being Article XII hereof, or any combination thereof. In interpreting the location of those boundaries which are shown on said Use District Map, the rules set out in § 255-2-20 hereof shall apply.

§ 255-3-12 Effect of inclusion in overlay district.

A lot or land included in any overlay district established hereunder shall continue to be included as well in the use district into which it has been placed pursuant to Article II and Article XII hereof. Except to the extent that one or more regulations of said use district is suspended or overridden by the specific language of an applicable overlay district regulation, all use district regulations affecting the use of the lot or land, and the use of buildings and structures and other activities thereon, shall continue to apply. Where an applicable use district regulation and an applicable overlay district regulation address the same subject matter, and one does not by its terms override or supersede the other, the regulation imposing the greater restriction on the use of the affected building, structure, lot or land shall control.

§ 255-3-20 Affordable Housing Overlay District.

§ 255-3-21 Purpose.

The purpose of the Affordable Housing Overlay District is to designate the areas in East Hampton Town which are the most appropriate locations for the creation, through public and/or private initiative, of attractive and affordable housing for senior citizens, young families and other persons of moderate means living in the Town. At the same time, the standards and safeguards necessary to assure that such development is compatible with its surroundings and with the character of the Town, and that such development is available to and benefits those persons for whom it is designed, can be established. In this way, it is intended that deserving citizens of the Town will be significantly assisted in finding adequate, convenient and affordable places to live, despite continually spiraling real estate values and housing costs.

§ 255-3-22 Boundaries.

The boundaries of the Affordable Housing Overlay District shall be as shown on the Use District Map. The same may be amended from time to time by local law.

§ 255-3-25 Regulations.

Notwithstanding any use or dimensional provision of Article XI of this chapter applicable to the use district in which it is located, a lot located wholly within the Affordable Housing Overlay District shall be eligible for use as the site of an affordable housing development, provided that a special permit authorizing the establishment of such affordable housing on the lot shall first have been obtained as provided for in Article V hereof.

§ 255-3-30 Agricultural Overlay District.

§ 255-3-31 Purpose.

The purpose of the Agricultural Overlay District is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes, while honoring the legitimate interests of farmers and other farmland owners. The Town of East Hampton Agricultural Land Study, prepared by the office of the Town Planner in 1981, provides important criteria for the boundaries of the Agricultural Overlay District and the regulations to be applied by the Town Board therein.

§ 255-3-32 Boundaries.

The boundaries of the Agricultural Overlay District shall be as shown on the Use District Map. The same may be amended from time to time by local law.

§ 255-3-35 Regulations.

[Amended 3-15-1991 by L.L. No. 4-1991; 9-17-1993 by L.L. No. 28-1993; 11-15-1996 by L.L. No. 19-1996]

In addition to any other provisions of this chapter applying to them, all lots, lands, buildings and other structures in the Agricultural Overlay District shall be subject to the following:

A. Applicability of Town Open Space Preservation Law. No lot or land wholly or partly in the Agricultural Overlay District shall be subdivided, either by formal subdivision or by waiver, except as provided for in Chapter 193 of this Code. This subsection shall not be construed to limit the applicability of Chapter 193 to any other lot or land outside of the Agricultural Overlay District.

B. Right to farm. The provisions of Chapter 134, Art. I, of this Code establishing an officially recognized right to farm in East Hampton Town shall be applicable to any agricultural use lawful under this chapter which is being carried out on land within the Agricultural Overlay District, whether or not said use is an activity or use specifically included in Chapter 134, Art. I.

C. Architectural review in and adjacent to district. On any property wholly or partly in the Agricultural Overlay District or on any property fronting on the boundary line of such district or lying directly across any private or public street or right-of-way which borders such district, the Architectural Review Board shall have jurisdiction over buildings, structures, signs and exteriors as provided in Article VII of this chapter.

D. Soil conservation. Except as part of a construction project for which all approvals required to be obtained under this Code have been granted, no Class I or Class II agricultural soil located on any lot wholly or partly within the Agricultural Overlay District shall be removed from such lot.

E. Residential community facility uses prohibited. With the exception of "park," the residential community facility uses listed in Subsection B of § 255-11-10, Table I, "Use Table for Residential and Related Uses," shall be prohibited on any parcel of land which is located wholly or partly within the Agricultural Overlay District and which has a lot area of 10 acres or more.

[Added 1-8-1999 by L.L. No. 1-1999]

F. Site plan review. On any parcel of land which is located wholly or partly within the Agricultural Overlay District and which has a lot area of 10 acres or more, site plan review shall be required for the erection, construction or enlargement of any single-family residence not completed and in existence as of February 1, 1999, or any building or structure accessory thereto, and for the moving of any single-family residence whatsoever.

[Added 1-8-1999 by L.L. No. 1-1999]

§ 255-3-40 Flood Hazard Overlay District.

[Amended 10-16-1987 by L.L. No. 15-1987; 9-15-1989 by L.L. No. 12-1989; 5-15-1998 by L.L. No. 20-1998; 6-14-2001 by L.L. No. 11-2001; 4-13-2007 by L.L. No. 14-2007; 9-8-2009 by L.L. No. 23-2009]

§ 255-3-41 Purpose.

The purpose of this local law[1] is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

D. Control filling, grading, dredging and other development which may increase erosion or flood damages;

E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands;

F. Qualify for and maintain participation in the National Flood Insurance Program;

G. Minimize prolonged business interruptions;

H. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

I. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

J. Provide that developers are notified that property is in an area of special flood hazard;

K. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

L. To protect human life and health;

M. To minimize expenditure of public money for costly flood control projects; and

N. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

[1] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

§ 255-3-42 General provisions.

A. Lands to which this local law applies.[1] This local law shall apply to all areas of special flood hazard within the jurisdiction of the Town of East Hampton, Suffolk County.

[1] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard for the Town of East Hampton, Community Number 360794, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) Flood Insurance Rate Map Panel Numbers:

	36103C0089H,	36103C0095H,	36103C0105H,	36103C0115H,
	36103C0184H,	36103C0192H,	36103C0193H,	36103C0194H,
	36103C0205H,	36103C0207H,	36103C0209H,	36103C0210H,
	36103C0211H,	36103C0212H,	36103C0213H,	36103C0214H,
	36103C0216H,	36103C0217H,	36103C0218H,	36103C0219H,
	36103C0226H,	36103C0227H,	36103C0228H,	36103C0229H,
	36103C0236H,	36103C0237H,	36103C0238H,	36103C0239H,
	36103C0241H,	36103C0242H,	36103C0243H,	36103C0244H,
	36103C0254H,	36103C0258H,	36103C0259H,	36103C0261H,
	36103C0262H,	36103C0263H,	36103C0264H,	36103C0266H,
	36103C0267H,	36103C0278H,	36103C0286H,	36103C0531H,
	36103C0532H,	36103C0534H,	36103C0542H,	36103C0551H,
	36103C0552H,	36103C0553H,	36103C0554H,	36103C0556H,
	36103C0557H,	36103C0558H,	36103C0559H,	36103C0561H,
	36103C0576H,	36103C0577H,	36103C0578H,	36103C0581H,
	36103C0582H,

whose effective date is September 25, 2009, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

(2) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York. All Jurisdictions," dated September 25, 2009.

The above documents are hereby adopted and declared to be a part of this local law. The Flood Insurance Study and/or maps are on file at: 1) the Office of the Town Clerk, 159 Pantigo Road, East Hampton, NY 11937; 2) the East Hampton Town Building Department, 300 Pantigo Place, Suite 104, East Hampton, NY 11937; and 3) the East Hampton Town Planning Department, 300 Pantigo Place, Suite 105, East Hampton, NY 11937.

C. Interpretation and conflict with other laws. This local law[2] includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

[2] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

D. Severability. The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof.

E. Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this local law and any other applicable regulations.[3] Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of East Hampton from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an approved variance under § 255-3-45 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

[3] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

F. Warning and disclaimer of liability. The degree of flood protection required by this local law[4] is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of East Hampton, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder.

[4] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

§ 255-3-43 Administration.

A. Designation of the local administrator. The Chief Building Inspector is hereby appointed local administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions.[1]

[1] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

B. The floodplain development permit.

(1) Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 255-3-42B, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

(2) Fees. All applications for a floodplain development permit shall be accompanied by an application fee, which shall be set from time to time by resolution of the Town Board. In addition, the applicant shall be responsible for reimbursing the Town of East Hampton for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.

C. Application for a permit. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form.

(1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

(2) The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

(3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.

(4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 255-3-44B(3), Utilities.

(5) A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 255-3-44E, Nonresidential structures.

(6) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 255-3-42B, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

(7) A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.

(8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.

(9) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot.

(10) In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new and substantial improvements to structures, floodplain development permit applications shall be accompanied by design plans and specifications, prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this local law.[2]

[2] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

D. Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to, the following:

(1) Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:

(a) Review all applications for completeness, particularly with the requirements of Subsection C herein, and for compliance with the provisions and standards of this law;

(b) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 255-3-44, Construction standards, and, in particular, § 255-3-44A(2) Subdivision proposals;

(c) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 255-3-44, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application; and

(d) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.

(2) Use of other flood data.

(a) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 255-3-43C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law.

(b) When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law.

(3) Alteration of watercourses.

(a) Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.

(b) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(4) Construction stage.

(a) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

(b) In Zones V1-V30 and VE, and also Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

(c) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

(5) Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.

(6) Stop-work orders.

(a) The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 255-3-42E of this local law.[3]

[3] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

(b) The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 255-3-42E of this local law.

(7) Certificate of occupancy.

(a) In areas of special flood hazard, as determined by documents enumerated in § 255-3-42B, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued by the local administrator stating that the building or land conforms to the requirements of this local law.

(b) A certificate of occupancy shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.

(c) Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 255-3-43D(5) and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.

(8) Information to be retained. The local administrator shall retain, and make available for inspection, copies of the following:

(a) Floodplain development permits and certificates of compliance;

(b) Certifications of as-built lowest floor elevations of structures, required pursuant to § 255-3-43D(4)(a) and 255-3-43D(4)(b), and whether or not the structures contain a basement;

(c) Floodproofing certificates required pursuant to § 255-3-43D(4)(a), and whether or not the structures contain a basement;

(d) Variances issued pursuant to § 255-3-45; and

(e) Notices required under § 255-3-43D(3), Alteration of watercourses.

§ 255-3-44 Construction standards.

A. General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 255-3-42B.

(1) Coastal high-hazard areas. The following requirements apply within Zones V1-V30, VP and V:

(a) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide.

(b) The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited.

(c) Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

(2) Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):

(a) Proposals shall be consistent with the need to minimize flood damage;

(b) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and

(c) Adequate drainage shall be provided to reduce exposure to flood damage.

(3) Encroachments.

(a) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

[1] The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or

[2] The Town of East Hampton agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of East Hampton for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of East Hampton for all costs related to the final map revision.

(b) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 255-3-42B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

[1] A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or

[2] The Town of East Hampton agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of East Hampton for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of East Hampton for all costs related to the final map revisions.

B. Standards for all structures.

(1) Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(2) Construction materials and methods.

(a) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

(b) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.

(c) For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.

(d) Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts is subject to the design requirements for breakaway walls.

(3) Utilities.

(a) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;

(b) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and

(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C. Residential structures (except coastal high-hazard areas).

(1) Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 255-3-44A(2), Subdivision proposals, and (3), Encroachments, and § 255-3-44B, Standards for all structures.

(a) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.

(b) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

(c) Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 255-3-42B (at least two feet if no depth number is specified).

(d) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

D. Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in § 255-3-44A(1), Coastal high-hazard areas, and (2), Subdivision proposals, and § 255-3-44B, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30, VE or V on the community's Flood Insurance Rate Map designated in § 255-3-42B.

(1) Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above base flood elevation so as not to impede the flow of water.

(2) Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components.

(a) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces, and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls, or other natural or man-made flow obstructions could cause wave runup beyond the elevation of the base flood.

(b) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house, and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house.

(c) Wind loading values used shall be those required by the building code.

(3) Foundation standards.

(a) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water).

(b) Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure.

(4) Pile foundation design.

(a) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams, or girders.

(b) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood acting simultaneously with typical structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is +10 msl or less or to be at least 10 feet below msl if the BFE is greater than +10 msl.

(c) Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces.

(d) The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight inches by eight inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus.

(e) Reinforced concrete piles shall be cast of concrete having a twenty-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than two inches.

(f) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into place.

(g) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles.

(h) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath.

(i) Diagonal bracing between piles, consisting of two-inch-by-eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch) or cable-type bracing is permitted in any plane.

(j) Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam, or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two five-eighths-inch galvanized steel bolts (each end) for two-by-eight members, or one five-eighths-inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood.

(5) Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads and be connected with a movement-resisting connection to a pile cap or pile shaft.

(6) Connectors and fasteners. Galvanized metal connectors, wood connectors, or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet.

(7) Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams, or girders are attached to wood piling at a notch, a minimum of two five-eighths-inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by four inches by 18 inches each bolted with two one-half-inch lag bolts per beam member shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%.

(8) Floor and deck connections.

(a) Wood two-inch-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-inch-by-three-inch members, placed eight feet on center, maximum, or solid bridging of same depth as joist at same spacing.

(b) Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than three-fourths-inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces.

(9) Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous 15/32-inch or thicker plywood sheathing--overlapping the top wall plate and continuing down to the sill, beam, or girder--may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of one-half-inch diameter or galvanized steel straps not less than one inch wide by one-sixteenth-inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the one-half-inch round rods. These anchors shall be installed no more than two feet from each corner rod, no more than four feet on center.

(10) Ceiling joist/rafter connections. All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. Gable roofs shall be additionally stabilized by installing two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end.

(11) Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed and certified by a registered professional engineer or architect.

(12) Roof sheathing.

(a) Plywood, or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material.

(b) All corners, gable ends, and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end, or roof overhang.

(c) In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys, and other points of discontinuity in the roofing surface. Lower pitched structures will be permitted if designed or reviewed and certified by a registered professional engineer or architect.

(13) Protection of openings. All exterior glass panels, windows, and doors shall be designed, detailed, and constructed to withstand loads due to the design wind speed of 75 miles per hour. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple-panel sliding glass doors shall not exceed three feet.

(14) Breakaway wall design standards.

(a) The breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front-row piles that support breakaway walls.

(b) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components and certifies that 1) the breakaway walls will fail under water loads less than those that would occur during the base flood, and 2) the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code.

E. Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 255-3-44A(2), Subdivision proposals, and (3), Encroachments, and § 255-3-44(B), Standards for all structures.

(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:

(a) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or

(b) Be floodproofed so that the structure is watertight below two feet above the base flood elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(2) Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

(a) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

(b) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 255-3-44B(3).

(3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 255-3-44E(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

(4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

(5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.

F. Nonresidential structures (coastal high-hazard areas). In Zones V1-V30, VE and also Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1-V30, VE and V.

G. Manufactured homes and recreational vehicles. The following standards in addition to the standards in § 255-3-44A, General standards, and B, Standards for all structures, apply as indicated in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:

(1) Recreational vehicles placed on sites within Zones A1-A30, AE, AH, V1-V30, V, and VE shall either:

(a) Be on site fewer than 180 consecutive days;

(b) Be fully licensed and ready for highway use; or

(c) Meet the requirements for manufactured homes in § 255-3-44G(2) through (4).

(d) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

(2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE, V1-V30, V, and VE shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.

(3) Within Zones A or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.

(4) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 255-3-42B (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.

§ 255-3-45 Variance procedure.

A. Appeals Board.

(1) The Zoning Board of Appeals, as established by the Town of East Hampton, shall hear and decide appeals and requests for variances from the requirements of this local law.[1]

[1] Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.

(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this local law.

(3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

(4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and:

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger to life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;

(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity to the facility of a waterfront location, where applicable;

(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j) The costs to local governments and the dangers associated with conducting search-and-rescue operations during periods of flooding;

(k) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(l) The costs of providing governmental services during and after flood conditions, including search-and-rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.

(5) Upon consideration of the factors of § 255-3-45A(4) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law.

(6) The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.

B. Conditions for variances.

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing Items (a) through (l) of § 255-3-45A(4) above, have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

(a) The proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure"; and

(b) The variance is the minimum necessary to preserve the historic character and design of the structure.

(3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

(a) The criteria of § 255-3-45B(1), (4), (5), and (6) are met; and

(b) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

(4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(6) Variances shall only be issued upon receiving written justification of:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

§ 255-3-50 Limited Business Overlay District.

§ 255-3-51 Purpose.

[Amended 5-6-2005 by L.L. No. 15-2005; 10-6-2006 by L.L. No. 24-2006]

The purpose of the Limited Business Overlay District is to permit the introduction and continuance of a limited class of low-intensity business uses on certain residentially zoned properties lying immediately adjacent to sections of the Montauk Highway and North Main Street, East Hampton. A central objective of sound community planning is the prevention of strip commercial development or sprawl along major arteries. Such development, if unchecked, can result in traffic congestion, energy wastage, air pollution and economic disruption of established commercial centers, as well as suburbanization, aesthetic blight and loss of community character. For this reason, most business land uses are best located in villages and neighborhood centers, with residential uses predominating elsewhere. However, it is recognized that as is common in many rural areas, the Town's highways have for many years contained a small scattering of commercial uses at the edges of and in-between the hamlets. There is a fine line between this pattern of the "rural highway" and "suburban sprawl" that can easily be crossed if highway businesses increase too much in number or intensity. The locations and regulations of the Limited Business Overlay District have thus been crafted to maintain this delicate balance. The additional uses permitted must generate only low amounts of traffic and must be designed and must function so as to protect nearby residential uses and the essential residential character of the district and the community as a whole.

§ 255-3-52 Boundaries.

[Amended 5-6-2005 by L.L. No. 15-2005]

The Limited Business Overlay District shall include any lot which was in single and separate ownership on the effective date of this section and fronts on a section of the Montauk Highway (State Route 27) or North Main Street, East Hampton, marked on the Use District Map[1] as limited business frontage by the limited business eligibility line.

[1] Editor's Note: The Use District Map is included as an attachment to this chapter.

§ 255-3-53 Existing commercial uses.

[Added 11-7-2006 by L.L. No. 32-2006; amended 10-2-2014 by L.L. No. 34-2014]

The limitations and requirements set forth in Town Code §§ 255-3-57C and 255-3-58 shall apply to construction of a new commercial structure or conversion of an existing residential structure to a commercial use but shall not apply to legally preexisting commercial structures within the Limited Business Overlay District that are converted to another commercial use, provided that no preexisting commercial structures, 2,000 square feet or more in gross floor area shall be increased in size.

§ 255-3-55 Regulations.

In lieu of any use permitted in the residential district in which it is included, a use listed in Article XI as a special permit use in Limited Business Overlay District (LBO) may be constructed, undertaken or carried out on any property within such district, provided that:

A. A special permit is obtained for the use pursuant to Article V hereof;

B. Site plan review approval is obtained from the Planning Board pursuant to Article VI hereof; and

C. Architectural and design review approval is obtained from the Architectural Review Board pursuant to Articles VI and VII hereof.

§ 255-3-57 Limitations.

A. Depth. Limited business uses shall only be permitted on that portion of an eligible lot which lies within 200 feet of the Montauk Highway or North Main Street right-of-way property line.

[Amended 5-6-2005 by L.L. No. 15-2005]

B. Existing residence. On an eligible lot with an existing residence, any point of which lies within 150 feet of the Montauk Highway or North Main Street right-of-way property line, only limited business uses which are to be housed in, incorporate or make use of the existing residence shall be permitted, and no limited business use which entails the demolition, moving or removal of the residence shall be approved. However, renovation, rehabilitation and/or expansion of the residence in order to accommodate a limited business use may be authorized.

[Amended 5-6-2005 by L.L. No. 15-2005]

C. Gross floor area. A combined maximum of 2,000 square feet of the total gross floor area of all structures on the parcel may be used for a commercial use. The remaining gross floor area may be utilized for storage or an affordable apartment. New construction of a structure for a commercial use is limited to a maximum total gross floor area of 2,000 square feet.

[Added 10-6-2006 by L.L. No. 24-2006;[1] amended 11-17-2006 by L.L. No. 32-2006; 10-2-2014 by L.L. No. 34-2014]

[1] Editor's Note: This local law also redesignated former Subsection C as Subsection D.

D. Subdivision. Notwithstanding any other provision of this Code to the contrary, after the effective date of this section, within the Limited Business Overlay District no new single and separate vacant lots shall be created unless at the time of such creation, the Planning Board requires, and the Town Board accepts, a recordable instrument limiting use of the newly created lot to single-family residential, open space or park purposes only.

§ 255-3-58 Appearance standards.

[Added 10-6-2006 by L.L. No. 24-2006]

In addition to any other provisions of this chapter which may apply to them, lots, lands, buildings, structures, uses and activities proposing a limited business use shall be subject to the following standards, which are to be utilized by the Planning Board and the Architectural Review Board in reviewing the proposed use:

A. No picture or display window shall be permitted along the street-facing side of the building.

B. All lighting shall be residential in character and limited to the minimum required for safety.

C. When practical, all additions to existing residential structures that have an existing limited business use shall be located to the rear (nonstreet) portion of the building.

D. When practical, setbacks for all accessory structures shall be double that required for the underlying zoning district.

E. When feasible, all parking shall be located to the rear (nontreet) portion of the building. Paved parking should, when practical, be limited to 50% of the parking requirement for the proposed use. The number of constructed parking spaces for a limited business use may be modified by the Planning Board pursuant to § 255-11-42J.

F. Parking and all other accessory structures associated with the limited business use (i.e., trash disposal area, air-conditioning units, etc.) shall be well screened from public view and from the adjoining residences.

G. Architectural Review Board approval shall be required prior to the removal of any tree with a diameter greater than 10 inches, unless such tree has been determined to be dead or dangerous by a certified arborist.

H. No berm shall be constructed on a property proposing a limited business use.

I. The access point and driveway should be as residential in character as practical.

J. The front yard setback for a proposed limited business use should be similar to that of adjoining buildings.

K. Proposed construction should be on a scale similar to that of the surrounding area.

L. All construction should reflect the traditional residential main street character of the area. The following residential characteristics are encouraged:

(1) Traditional simple forms;

(2) Pitched roof within the range of roofs on existing homes in the neighborhood;

(3) Wood shingles;

(4) Porches;

(5) Generally rectangular windows with a vertical proportion;

(6) Arrangement of windows and doors that produces a balanced facade;

(7) The ratio of door and window area to wall area should be similar to that of existing homes in the neighborhood;

(8) A doorway facing the street even though the main entrance is at the rear parking area;

(9) Conservative use of decorative detail; and

(10) Landscaping including foundation plantings, shade trees and shrubby islands.

M. The following characteristics are discouraged:

(1) Overly large windows and door-to-wall ratio;

(2) Flat roofs;

(3) Large expanses of lawn;

(4) Sparse landscaping;

(5) Colors that overwhelm or compete with existing homes in the neighborhood;

(6) Site design that reduces the space between buildings to less than that of the neighboring properties; and

(7) Decorative features or construction materials that overwhelm or conflict with neighboring traditional homes.

§ 255-3-60 Water Recharge Overlay District.

§ 255-3-61 Purpose.

The purpose of the Water Recharge Overlay District is to provide for the application of a system of needed additional regulations for properties located in areas where disproportionately large quantities of rainwater are recharged into and stored in the underground aquifer, in order to help ensure the continued sufficiency and purity of the Town's irreplaceable groundwater supply and sole source of drinking water.

§ 255-3-62 Boundaries.

The boundaries of the Water Recharge Overlay District shall be as shown on the Use District Map. The same may be amended from time to time by local law.

§ 255-3-65 Regulations.

In addition to any other provisions of this chapter which may apply to them, lots, lands, buildings and structures in the Water Recharge Overlay District shall be subject to the following:

A. Subdivision. No lot or land wholly or partly within the overlay district shall be subdivided (unless by subdivision waiver) except pursuant to Chapter 193 of this Code.

B. Critical area designation. Lands located within the overlay district are hereby declared to be critical areas of environmental concern pursuant to Chapter 128 of this Code.

C. Conditional approvals. Any activity or use for which the approval of any local agency is needed may be approved by said agency conditioned upon the landowner's filing covenants and restrictions granting to the Town enforceable rights against overclearing of land, landscaping, the use of fertilizers, the manner of disposing of waste materials or any other reasonable condition or restriction necessary to ensure continued integrity of the Town's groundwater.

D. Minimized clearing. In all their actions, local agencies shall minimize, to the extent practicable, clearing and grading of natural vegetation and disturbance of the natural contours of lands within the overlay district.

E. Except as may be permitted on building lots within open space subdivisions created pursuant to Chapter 193, clearing of lots or parcels of land within the Water Recharge Overlay District shall be restricted as set forth herein.

[Amended 9-1-1989 by L.L. No. 10-1989; 12-2-1994 by L.L. No. 15-1994; 11-6-1998 by L.L. No. 36-1998; 9-20-2001 by L.L. No. 16-2001; 6-8-2004 by L.L. No. 15-2004; 7-6-2007 by L.L. No. 25-2007]

(1) The total area of a lot which may be cleared of indigenous natural vegetation shall not exceed the following amounts for any lot located wholly or partly within the overlay district:

	Lot Area (square feet)		Maximum Clearing Permitted
	In Residence Districts:
		Up to and including 39,999	10,000 square feet or 35% of lot area, whichever is greater
		From 40,000 to and including 280,000	10,000 square feet + (lot area X 12.5%)
		Greater than 280,000	45,000 square feet
	In Commercial Districts:
		All lots	10,000 square feet or 50% of lot area, whichever is greater

In calculating the amount of clearing permitted by this subsection on a flag lot or a lot which is burdened by a common driveway easement or access easement, the area of any flag strip or any common driveway easement or access easement shall be excluded from lot area. Likewise, any clearing for driveway purposes within the flag strip or within the common driveway easement or access easement shall not be counted into the permissible amount of clearing.

(2) Clearing in excess of 45,000 square feet on any lot in a residence district is prohibited unless the following requirements are met:

(a) The area of the lot, excluding the area of any flag strip but otherwise determined as set forth in § 255-1-20 hereof, exceeds 300,000 square feet; and

(b) Site plan approval and a special permit have been first obtained from the Planning Board.

(3) Notwithstanding anything in § 255-3-65E(1) and (2), the Planning Board may approve clearing of up to 50% of total lot area on a lot larger than 80,000 square feet in a residence district as part of a site plan for a school. In approving any such expanded clearing, the Planning Board shall determine that the clearing is reasonably needed for the effective operation of the school and shall require design of improvements that effectively facilitate water recharge. In the event that the school use on such a lot ceases, a condition of any other use shall be revegetation and/or reversion to natural, native vegetation of cleared areas exceeding the applicable limits in § 255-3-65E(1), to the extent feasible without removing buildings, in accordance with a plan approved by the Natural Resources Department.

F. Waste disposal areas. No new landfills or private dumping or disposal areas utilized for, but not limited to, disposal of waste and septage shall be permitted in the overlay district.

G. List of prohibited hazardous substances. The Natural Resources Director may compile, update and distribute an inventory of hazardous substances. After such inventory shall have been approved as an official Town inventory by formal Town Board resolution adopted after a public hearing held on 10 days' notice in the official newspaper, the use, storage, management or transportation in the overlay district of any hazardous substances included on such duly adopted or amended inventory shall thereafter be prohibited.

H. List of prohibited hazardous chemicals. The Natural Resources Director may compile, update and distribute an inventory of fertilizers, pesticides, herbicides or other chemicals which he deems to be a serious threat to the health, safety or welfare of residents of the Town of East Hampton if introduced into the environment in the water recharge areas of the Town. After such inventory shall have been approved as an official Town inventory by formal Town Board resolution adopted after public hearing held on 10 days' notice in the official newspaper, the use or application in the overlay district of any such chemical included on such duly adopted or amended inventory shall thereafter be prohibited.

§ 255-3-70 Harbor Protection Overlay District.

[Added 10-6-1995 by L.L. No. 12-1995]

§ 255-3-71 Purpose.

[Added 10-6-1995 by L.L. No. 12-1995]

The purpose of the Harbor Protection Overlay District is to maintain or improve surface water quality in East Hampton's major harbors, creeks and ponds, including Accabonac Creek, Fort Pond (including the arm of Fort Pond north of Industrial Road), Georgica Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill Pond and Wainscott Pond. The district is also intended to maintain or improve wildlife habitat in these areas and to maintain or restore these waterways as closely as possible to their natural condition, so that the Town's citizens and visitors can continue to enjoy and appreciate their natural values. The Harbor Protection Overlay District will help prevent the entry of stormwater runoff into the Town's waters; gradually require the upgrading of out-moded or inoperable septic systems; preserve important indigenous vegetation; reduce impacts from residential and commercial swimming pools; and upgrade standards for fuel storage tanks. East Hampton's waterways are among the Town's most prized features. They support bountiful shellfish and finfish resources, offer prime habitat for local wildlife and offer residents and visitors a place to swim, fish, hunt, boat, observe wildlife and enjoy scenic beauty and tranquillity. The overlay district will help preserve these important benefits for future generations.

§ 255-3-73 Boundaries.

[Added 10-6-1995 by L.L. No. 12-1995]

The boundaries of the Harbor Protection Overlay District shall be as shown on the Use District Map. The same may be amended from time to time by local law.

§ 255-3-75 Regulations.

[Added 10-6-1995 by L.L. No. 12-1995]

In addition to any other provisions of this chapter which may apply to them, lots, lands, buildings, structures, uses and activities within the Harbor Protection Overlay District shall be subject to the following restrictions and regulations:

A. Control of stormwater runoff. The following regulations shall apply to structures or activities which produce or contribute to stormwater pollution of the Town's surface waters:

(1) No parking lot or private driveway shall hereafter be constructed unless it has either an unimproved surface (e.g., dirt, crushed shells) or an improved surface consisting of one or more of the following materials: poured concrete, hot plant mix asphalt, rapid-curing cut-back asphalt or quartz gravel.

(2) No road, private driveway or parking lot with an improved surface shall hereafter be constructed unless all stormwater generated by said structure is directed into one or more catchment basins. Said catchment basin or basins shall have a combined volume (in cubic feet) equal to the surface area of the road, driveway and/or parking area (in square feet), divided by six.

(3) Any road, private driveway or parking lot which is hereafter constructed with an improved surface shall be maintained so that all stormwater generated by said structure is actually directed into the catchment basin or basins required by the preceding subsection. Any catchment basin required by the preceding subsection shall be kept clean and maintained so that it recharges stormwater into the ground without overflowing.

(4) No pipe, culvert, drain or similar conduit may hereafter be constructed or installed which discharges stormwater into wetlands (including surface waters).

(5) Every principal building or addition to a principal building which is hereafter constructed or erected shall be furnished with gutters and leaders to direct stormwater from roofs into one or more catchment basins. Said catchment basin or basins shall have a combined volume (in cubic feet) equal to the surface area of the roof (in square feet), divided by six.

(6) During construction work the disturbance of natural vegetation and land contours shall be minimized to the maximum extent practicable. Project-limiting fencing, siltation mesh, strawbales or similar devices for limiting land disturbance and retarding erosion and siltation shall be used during construction work and during any land clearing or grading in preparation for or associated with construction work.

B. New sanitary septic systems. The following regulations shall govern the installation of all septic systems after this date, except for septic systems which are installed to replace legally preexisting septic systems:

(1) No such septic system shall be installed or constructed unless it is set back a minimum of 200 feet from the surface waters of Accabonac Creek, Fort Pond (including the arm of Fort Pond north of Industrial Road), Georgica Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill Pond and/or Wainscott Pond and from the upland boundary of any wetlands contiguous to the foregoing bodies of water. To the extent that any provision of Article IV imposes a lesser wetland setback for septic systems, the requirements of this subsection shall be controlling with respect to lands within the Harbor Protection Overlay District.

(2) No septic system leaching pool shall hereafter be installed unless the bottom of the leaching pool is situated a minimum of four feet above the groundwater table.

C. Existing sanitary septic systems. Any septic system which legally exists on a residential property on January 1, 1996, shall be replaced or upgraded in the following circumstances and to the following extent:

(1) Every septic system regulated by this subsection shall be replaced or upgraded if:

(a) A natural resources special permit is required for work to be performed on the lot or parcel containing the septic system;

(b) The work to be performed will increase the habitable floor area of a principal building on the lot or will increase the number of bathrooms within a building on the lot; and

(c) The septic system in question does not meet the minimum requirements of the Suffolk County Department of Health Services for vertical separation to groundwater, for setback to surface waters or for septic system capacity, or in that it lacks a septic tank.

(2) Where this subsection requires that an existing septic system be replaced or upgraded, the new or upgraded septic system shall meet the following requirements:

(a) It shall comply with the requirements of the Suffolk County Department of Health Services for new septic systems and shall be installed under the supervision of the Sanitation Inspector; and

(b) It shall be set back a minimum of 150 feet from the upland boundary of all tidal wetlands (including tidal surface waters) or, if that is not feasible, it shall be set back the maximum practicable distance from the surface waters of Accabonac Creek, Fort Pond (including the arm of Fort Pond north of Industrial Road) Georgica Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill Pond and/or Wainscott Pond and from the upland boundary of any wetlands contiguous to the foregoing bodies of water, taking into consideration such factors as the physical constraints of the site and the location of nearby water supply wells.

D. Except as may be permitted on building lots within open space subdivisions created pursuant to Chapter 193, clearing of lots or parcels of land within the Harbor Protection Overlay District shall be restricted as set forth herein.

[Amended 11-6-1998 by L.L. No. 36-1998; 6-8-2004 by L.L. No. 15-2004; 7-6-2007 by L.L. No. 25-2007]

(1) The total area of a lot which may be cleared of indigenous natural vegetation shall not exceed the following amounts for any lot located wholly or partly within the overlay district:

	Lot Area (square feet)		Maximum Clearing Permitted (square feet)
	In Residence Districts:
		Up to and including 39,999	10,000 or 35% of lot area, whichever is greater
		From 40,000 to and including 280,000	10,000 + (lot area X 12.5%)
		Greater than 280,000	45,000
	In Commercial Districts:
		All lots	10,000 or 50% of lot area, whichever is greater

In calculating the amount of clearing permitted by this subsection on a flag lot or a lot which is burdened by a common driveway easement or access easement, the area of any flag strip or any common driveway easement or access easement shall be excluded from lot area. Likewise, any clearing for driveway purposes within the flag strip or within the common driveway easement or access easement shall not be counted into the permissible amount of clearing.

(2) Clearing in excess of 45,000 square feet on any lot in a residence district is prohibited unless the following requirements are met:

(a) The area of the lot, excluding the area of any flag strip but otherwise determined as set forth in § 255-1-20 hereof, exceeds 300,000 square feet; and

(b) Site plan approval and a special permit have been first obtained from the Planning Board.

E. Swimming pools. The following regulations shall govern the construction or installation of swimming pools:

(1) No swimming pool shall hereafter be constructed or installed unless it is furnished with a system to reduce the use of chlorine disinfectant, such as an ozonator, ionizer or ultraviolet disinfectant system.

(2) No swimming pool shall hereafter be constructed or installed unless the bottom of the swimming pool is situated a minimum of two feet above the groundwater table. The Building Inspector shall require proof of compliance with this provision before issuing a certificate of occupancy.

(3) No swimming pool shall hereafter be constructed or installed unless it is provided with one or more dry wells which are easily accessible for the evacuation of water from the swimming pool. In the case of a gunite or other evacuable swimming pool, such dry wells shall have a total volume at least equal to 10% of the volume of the pool, and in any case not less than 450 gallons (or approximately the volume of a three-foot-deep by five-foot-wide dry well). In the case of a vinyl-lined swimming pool, the total volume of dry wells shall be at least equal to 1/2 the dry well volume required for a gunite pool of the same size.

(4) No swimming pool shall be drained or have its water discharged into a driveway, storm drain, public or private street or into wetlands (including surface waters), nor shall any swimming pool be drained or have its water discharged into any receptacle other than a dry well installed as required by this subsection.

(5) The cleaning of swimming pools or swimming pool surfaces by means of an acid wash is prohibited unless the acids used are completely neutralized before discharge from the swimming pool.

F. Fuel storage tanks. On lots having one or more fuel storage tanks, whose combined capacity does not exceed 1,100 gallons, the installation of each fuel storage tank shall hereafter be subject to the following requirements and restrictions:

(1) If installed below ground, each tank shall be of double-walled fiberglass manufacture.

(2) If installed above ground, each tank shall either:

(a) Be installed within the cellar of a building having a poured-concrete floor; or

(b) Be installed atop an impermeable flat surface, e.g., a concrete pad, which extends at least six inches laterally beyond the outermost sides of the tank and any associated piping, and be installed so that it is open and accessible for inspection on at least three sides.

§ 255-3-79 Surveys and other information.

[Added 10-6-1995 by L.L. No. 12-1995]

In order to ensure compliance with the regulations of the Harbor Protection Overlay District, every application for a building permit to construct or erect a building or structure within said district shall be accompanied by a survey which has been prepared by a licensed surveyor and which depicts the following:

A. Clearing: the areas of the lot which are proposed to be cleared and a calculation of the percentage of lot area which will be cleared, including all portions of the lot previously cleared.

B. Depth to groundwater: for projects involving the installation of septic system discharge devices or swimming pools, or which require the installation of catchment basins, the mean depth to groundwater in the areas proposed for any septic system, swimming pool or catchment basin.

§ 255-3-80 Coastal Erosion Overlay District.

[Added 4-13-2007 by L.L. No. 14-2007]

§ 255-3-81 Purpose.

[Added 4-13-2007 by L.L. No. 14-2007]

The purpose of the Coastal Erosion Overlay District is the protection of the Town's natural shoreline and coastal resources. These features require protection because of their important flooding and erosion prevention functions, their scenic qualities, their value for public recreation and water access, and their value as wildlife habitat. The overlay district is divided into four coastal erosion zones, each of which covers sections of the Town's coast which have similar features, characteristics, and storm exposures. The district establishes rules and standards for erosion control structures and projects, which may differ from one zone to the next.

§ 255-3-82 Boundaries.

[Added 4-13-2007 by L.L. No. 14-2007]

The Coastal Erosion Overlay District shall encompass all lands, including underwater lands, which are located within any of the following areas: (i) landward of the mean high water line of any tidal waters within the Town, to a line which is 200 feet landward of said mean high water line, (ii) seaward of said mean high water line, to a line which is 1,000 feet seaward of the mean low water line of any tidal waters within the Town, or (iii) seaward of the mean high water line, to the contour line at which mean low water depth is 15 feet. The overlay district shall consist of four coastal erosion zones as shown on the Use District map. The coastal erosion zones constituting the Coastal Erosion Overlay District shall be identified as follows:

A. Coastal Erosion Overlay Zone 1: Ocean coastal zone, including bluffs, dunes, beaches, and nearshore areas. This zone is predominantly free of erosion control structures.

B. Coastal Erosion Overlay Zone 2: Bay coastal zone, including bluffs, dunes, beaches, and nearshore areas, which is predominantly free of erosion control structures.

C. Coastal Erosion Overlay Zone 3: Bay coastal zone, including bluffs, dunes, beaches, and nearshore areas, which contains erosion control structures which are isolated and discontinuous, or which have no substantial flooding or erosion protection function.

D. Coastal Erosion Overlay Zone 4: Bay coastal zone, including any remaining bluffs, dunes, beaches, and nearshore areas, which contains numerous erosion control structures. Within this zone the loss of natural resources and features such as bluffs, dunes, and beaches means that in many cases erosion control structures provide the only remaining protection against flooding and erosion.

§ 255-3-85 Regulations.

[Added 4-13-2007 by L.L. No. 14-2007]

In addition to any other provisions of this chapter which may apply to them, lots, lands, buildings, structures, uses, and activities within the Coastal Erosion Overlay District shall be subject to the following restrictions and regulations:

A. Coastal Erosion Overlay Zones, generally.

(1) All buildings and other structures, except coastal structures, shall be located and constructed so as to minimize the damage to property and risk to human life which may be caused by flooding and erosion.

(2) All construction and related activities, including the clearing and grading of land, shall be undertaken in a manner which minimizes the damage caused to wetlands, beaches, bluffs, dunes, and vegetation growing thereon by flooding and erosion.

B. Regulation of erosion control structures.

(1) In Coastal Erosion Overlay Zone 1:

(a) The construction, placement, or installation of new erosion control structures is prohibited.

(b) The repair, reconstruction, or alteration of all lawfully existing erosion control structures shall require the issuance of a natural resources special permit.

(c) Notwithstanding the provisions of the foregoing Subsection B(1)(b), the repair, reconstruction, or alteration of existing erosion control structures which are constructed perpendicular to the shoreline, such as groins and jetties, is prohibited. The construction, placement, or installation of any such new erosion control structure built perpendicular to the shoreline is also prohibited.

(d) Notwithstanding the provisions of the foregoing Subsection B(1)(c), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.

(2) In Coastal Erosion Overlay Zone 2:

(a) The construction, placement, or installation of new erosion control structures is prohibited.

(b) Subject to the exception set forth in Subsection B(2)(c) below, the repair, reconstruction, or alteration of existing erosion control structures is prohibited. This prohibition shall not apply to erosion control structures installed to ensure the safe navigability of boat channels; the construction, repair, reconstruction, or alteration of any such structure shall require the issuance of a natural resources special permit.

(c) Nothwithstanding the provisions of the foregoing Subsection B(2)(b), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.

(3) In Coastal Erosion Overlay Zone 3:

(a) The construction, placement, or installation of new erosion control structures is prohibited.

(b) Subject to the exception set forth in Subsection B(3)(c) below, the repair, reconstruction, or alteration of existing erosion control structures which are constructed perpendicular to the shoreline, such as groins and jetties, is prohibited. This prohibition shall not apply to erosion control structures installed to ensure the safe navigability of boat channels; the construction, repair, reconstruction, or alteration of any such structure shall require the issuance of a natural resources special permit.

(c) Notwithstanding the provisions of the foregoing Subsection B(3)(b), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.

(d) The repair, reconstruction, or alteration (including enlargement or reduction in size) of all other lawfully preexisting erosion control structures shall require the issuance of a natural resources special permit.

(4) In Coastal Erosion Overlay Zone 4:

(a) Subject to the exception set forth in Subsection B(4)(d) below, the construction, placement, or installation of new erosion control structures shall require the issuance of a natural resources special permit.

(b) Subject to the exception set forth in Subsection B(4)(d) below, the alteration (including enlargement or reduction in size) of existing erosion control structures shall require the issuance of a natural resources special permit.

(c) Subject to the exception set forth in Subsection B(4)(d) below, the repair or reconstruction of existing erosion control structures shall require the issuance of a natural resources special permit. If such structures are lawfully preexisting, repair or reconstruction may be authorized by means of an expedited administrative natural resources special permit, pursuant to § 255-4-28 hereof.

(d) Notwithstanding the provisions of the foregoing Subsection B(4)(a) through (c) and subject to the exception set forth in Subsection B(4)(e) below, the repair, reconstruction, or alteration of existing erosion control structures which are constructed perpendicular to the shoreline, such as groins and jetties, is prohibited. The construction, placement, or installation of any such new erosion control structure built perpendicular to the shoreline is also prohibited. These prohibitions shall not apply to erosion control structures installed to ensure the safe navigability of boat channels, but work on any such structure shall require the issuance of a natural resources special permit.

(e) Notwithstanding the provisions of the foregoing Subsection B(4)(d), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.

§ 255-3-90 Recreational Overlay District.

[Added 7-1-2005 by L.L. No. 19-2005]

§ 255-3-91 Purpose.

[Added 7-1-2005 by L.L. No. 19-2005]

The purpose of the Recreational Overlay District is to provide for areas of active recreation by permitting major recreational facilities in residential zones and to provide regulations that prevent disturbance of surrounding residential neighborhoods.

§ 255-3-92 Boundaries.

[Added 7-1-2005 by L.L. No. 19-2005]

The boundaries of the Recreational Overlay District shall be as shown on the Use District Map.[1] Notwithstanding any provision in Article V hereof, only parcels of 600,000 square feet in size or more are eligible for inclusion into the District. The same may be amended from time to time by local law.

[1] Editor's Note: The Use District Map is located at the end of this chapter.

§ 255-3-93 Regulations.

[Added 7-1-2005 by L.L. No. 19-2005]

In lieu of any use permitted in the residential district in which it is included, a major recreational facility may be a permitted use in the Recreational Overlay District (ROD), provided that:

A. The parcel is a minimum of 600,000 square feet;

B. A special permit is obtained for the use pursuant to Article V hereof;

C. Site plan review approval is obtained from the Planning Board pursuant to Article VI hereof; and

D. Architectural and design review approval is obtained from the Architectural Review Board pursuant to Articles VI and VII hereof.