This chapter of the East Hampton Town Code shall be known and
may be cited as the "Town of East Hampton Open Space Preservation
Law."
This chapter is adopted for the purposes of promoting the health,
safety and general welfare of the people of the Town of East Hampton
by encouraging the preservation of natural and open lands in order
to achieve the following objectives:
A.
Preservation of scenic and aesthetic qualities of land, to preserve
the visual amenities of open lands in the Town of East Hampton, in
order to protect the rural character and scenic beauty which is the
cornerstone of the town's resort economy and the essence of East
Hampton's sense of place.
B.
Conservation of natural resources and wildlife habitat, to conserve
the town's important natural features, resources and systems
in order to protect flora and fauna and the habitat which they need
to survive, to support the natural regime on which the town's
agricultural and fishing industries depend and to conserve the unique
quality of life which East Hampton's citizens enjoy.
C.
Preservation of agricultural lands, to preserve the prime agricultural
soils which are the underpinning of the town's farm economy and
which contribute significantly to the town's rural and historic
character.
D.
Protection of groundwater supplies, to protect the sole source groundwater
aquifer upon which all of the town's residents and visitors rely
for their drinking water.
E.
Protection of wetlands and of the purity of tidal and fresh waters,
to protect the purity and ecological integrity of the town's
abundant tidal and fresh waters, the fish and shellfish which live
in these waters and the wetlands which protect and nurture them.
F.
Economical provision of highways, utilities and other public infrastructure,
to reduce the costs of constructing and maintaining subdivision roads
and associated public and quasi-public improvements by ensuring that
such infrastructure is provided in a compact and economical fashion.
G.
Protection of cultural and historic resources, to protect cultural
and historic sites, including historically significant vistas, archaeological
remains and similar features which are an important part of the town's
heritage.
H.
Provision of recreational opportunities, to encourage the recreational
use of open lands where such use will complement the town's resort
economy, foster an appreciation of the town's natural and cultural
heritage and contribute to the quality of life from which all the
town's residents and visitors can benefit.
I.
Promotion of flexibility in planning, to encourage flexibility in
the design and development of land in order to promote the most appropriate
use of land in furtherance of these objectives.
This chapter is enacted as a local law pursuant to the authority
of Article IX of the Constitution of the State of New York; § 10
of the New York Statute of Local Governments; Article 2, § 10,
of the New York Municipal Home Rule Law; § 247 of the New
York General Municipal Law; and Articles 4, 9 and 16 of the New York
Town Law. This local law shall confer upon the Planning Board the
powers granted by a Special Act of the New York State Legislature
at Chapter 859 of the Laws of 1981 and granted in § 278
of the New York Town Law, except as expressly limited or enlarged
herein.
All terms used in this chapter shall have the meanings ascribed to them in Chapter 220, Subdivision of Land, of this Code, except that the following terms shall have the meanings indicated:
An easement or similar interest in real property which limits
or restricts development, management or use of open space or other
real property for the purpose of preserving or maintaining the scenic,
open, natural or existing character, conditions, significance or amenities
of the open space or other real property. This term shall include
an instrument granting any of the foregoing limiting or restrictive
interests to the Town or to a private conservation corporation or
land trust approved by the Planning Board, whether denominated "conservation
easement," "scenic easement," "scenic and conservation easement,"
"agricultural easement," "agricultural use easement," "large lot easement,"
"large lot scenic easement" or by some similar label.
A development of land for apartments or a multiple residence, as these terms are defined in Chapter 255, Zoning, of this Code.
Lands shown on a subdivision map or plat which are set aside by the Planning Board for preservation or conservation, in order to effectuate the purposes of this chapter. This term shall not be deemed to include lands which are or will be used for a purpose prohibited by Article IV hereof, nor shall it be deemed to include either of the following:
A subdivision approved pursuant to Article II of this chapter.
Soils belonging to Capability Class I or II, as described
in the 1975 Soil Survey of Suffolk County, New York, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
In exercising the powers granted in this chapter, the Planning Board shall not approve, nor shall it be authorized to approve, the creation on one or more tracts or parcels of land of a number of lots and/or dwelling units which exceeds the total number of lots into which these lands could be divided by standard subdivision approved pursuant to the provisions of Chapter 220, Subdivision of Land, of this Code. In approving any application for the division or development of land hereunder, the Board shall require the applicant to prepare and submit a standard subdivision plat for each parcel of land involved in the application, which conforms to the minimum lot size and density requirements of Chapter 255 of this Code and to all pertinent requirements of Chapter 220, Subdivision of Land.
In exercising the powers granted in this chapter, the Planning
Board shall have authority to permit or to require that some or all
of the dwelling units to which particular lands are entitled, under
the procedures for determining yield set forth herein, be in the form
of apartments or multiple residences. Whether requested by the applicant
or required by the Planning Board, any such multiple residence development
shall be subject to the following procedures and standards:
A.
Requirement of site plan approval. In reviewing and approving a multiple residence development as defined herein, pursuant to the authority granted in this chapter, the Planning Board shall have all of the powers and duties conferred upon it in Article VI, Site Plan Review, of Chapter 255, Zoning, of this Code, and such multiple residence development shall be subject to site plan review and approval as provided therein. Where a multiple residence development is proposed as part of an open space subdivision, the Planning Board shall hold its public hearing on the multiple residence development concurrently with its public hearing on the preliminary subdivision application.
B.
Submission of site plan application. Where approval of a multiple residence development is requested by an applicant or the submission of a plan for such development is required by the Planning Board, the applicant shall submit an application for site plan approval of the same, meeting all requirements of Article VI of Chapter 255 of this Code.
C.
Requirement of Town Board approval; Town Law superseded. Any such
multiple residence development shall require approval by the Town
Board as a special permit use after issuance of conditional site plan
approval by the Planning Board. To the extent that the reservation
of powers in the Town Board which are set forth in this subsection
might be construed to conflict with provisions of the New York Town
Law relating to special permits, cluster development or the relative
powers of Town boards and planning boards, including but not limited
to provisions of §§ 271, 274-a and 278 of the Town
Law, those provisions of the Town Law are hereby superseded. In considering
an application for approval of a multiple residence development hereunder,
the Town Board shall adhere to the following procedures and standards:
(1)
The Town Board shall hold a public hearing on the application on at least 10 days' notice, such notice to be given by the Town Board and the applicant in the manner provided in § 255-9-23 of this Code.
(2)
In deciding whether or not to issue a special permit for a multiple residence development pursuant to this section, the Town Board shall have plenary power to approve, conditionally approve or disapprove the application. The Town Board shall not, however, have power to increase the permissible yield for the application, as determined by the Planning Board, to reduce the yard setbacks required of a multiple residence development by § 255-11-10 of this Code or to alter the boundaries of the lot or parcel containing the multiple residence development.
(3)
The Town Board may by resolution approve, conditionally
approve or disapprove the subject application no later than 62 days
after the close of the public hearing held thereon, unless this time
period has been extended with the consent of the applicant. However,
in the event the Town Board fails to so act within the requisite time
period, the application shall be deemed to have been disapproved by
the Town Board.
Notwithstanding anything to the contrary herein, in exercising the powers conferred upon it by this chapter the Planning Board shall comply at all times with the provisions of § 255-1-70 of this Code regarding maximum permissible density per acre of land.
Where any earlier provision of this chapter has been retained,
continued or reenacted herein, whether or not in modified form, but
is located in a renumbered section or paragraph hereof, all references
contained in other chapters of this Code to such earlier provision
shall be deemed amended so as to refer to the renumbered section or
paragraph hereof in which the provision is now contained.
