Open space which is set aside pursuant to this chapter shall be permanently restricted in its use, as set forth herein, in order to accomplish the purposes set forth in Article I above.
A.Â
Permitted uses of open space. The Planning Board may approve certain
limited uses of open space shown on a subdivision map approved pursuant
to this chapter. These uses shall be limited to one or more of the
following:
(1)Â
Conservational uses such as the preservation of woodland, fields,
wetlands, dunes, beaches or other natural features and resources in
their natural state, subject only to environmental management deemed
necessary by the Planning Board to protect and enhance the ecological
value of these features and resources.
(2)Â
Environmental research and education uses, such as nature study,
so long as these do not involve substantial alteration or improvement
of the open space.
(3)Â
Traditional low-intensity recreational uses of preserved natural
features and resources, such as hiking, horseback riding, bicycling,
skiing, hunting, beach access and similar activities which are directly
related to the natural qualities of the preserved open space.
(4)Â
Agricultural use of prime agricultural soils and of other areas
which, because of special characteristics such as existing open fields,
historical usage or the like, are deemed suitable for agricultural
use.
(5)Â
Protection of cultural and archaeological resources, such as
historic buildings, structures and features, including trails, subject
only to such management and use as the Planning Board deems necessary
to properly protect, enhance and study these resources, and to allow
the public to visit and appreciate them.
B.Â
Prohibited uses of open space. The Planning Board may not allow or
approve any of the following lands or uses for open space shown on
a subdivision map approved pursuant to this chapter:
(1)Â
Lands containing substantial improvements, unless those improvements bear a direct and substantial relation to a conservational, recreational, agricultural, cultural or archaeological use or resource whose inclusion within open space is specifically permitted by Subsection A above.
(2)Â
Active recreational facilities, such as golf courses, tennis
courts, swimming pools and the like, and parking areas serving such
facilities.
(3)Â
Residential or commercial buildings, structures, uses and facilities,
excepting only, in the case of agricultural open space, the use of
the open space for agriculture and buildings, structures and facilities
pertaining thereto.
(4)Â
Drainage basins and sumps.
A.Â
Agricultural open space. Open space created or required by the Planning
Board pursuant to this chapter and which is intended for agricultural
use shall be permanently restricted in its use as follows:
(1)Â
Agricultural operations, including soil preparation, cultivation,
drainage, fertilization, irrigation, pest control, erosion control
and other normal and customary agricultural practices, all as designed
and intended to promote and enhance open, undeveloped land and agricultural
production, encompassing the production or raising of field crops,
vegetables, fruits, trees, horticultural specialties, flowers, livestock
(including cattle, sheep, goats, horses and poultry) and livestock
products and other ordinary farm products.
(2)Â
The use of farm vehicles and equipment in connection with agricultural
operations.
B.Â
All other open space. Open space created or required by the Planning
Board pursuant to this chapter, except for open space which is intended
for agricultural use, shall be permanently restricted in its use as
follows:
[Amended 7-6-2007 by L.L. No. 25-2007]
(1)Â
No buildings, fences or other structures shall be constructed, erected, maintained or moved onto or within the said open space, except that existing historic buildings or structures may be permitted to remain if their conservation or preservation will directly and substantially serve the protection of cultural or archaeological resources as authorized in § 193-4-20A(5) hereof.
(2)Â
No topsoil shall be removed from the open space, and no sand,
gravel, peat or other minerals shall be placed on the open space or
removed therefrom. The natural topography and land contours of the
open space shall be left in their natural and undisturbed condition.
(3)Â
The open space shall in all other respects remain in its natural
state in order to maintain its character and appearance at the time
of Planning Board approval of the subdivision, unless it is to be
allowed to revert to a more natural character and appearance.
(4)Â
Notwithstanding the foregoing, and only if permitted by the
Planning Board at the time of approval of the subdivision, minor structures
may be placed, constructed or maintained within the open space and
changes from the natural condition of the open space may be allowed
including maintenance of legally pre-existing lawn or landscaping,
if such structures or changes are permitted in furtherance of:
(a)Â
A passive and nonconsumptive human use of the open space, such
as trails or pedestrian boardwalks across dunes or wetlands.
(b)Â
The maintenance of important scenic vistas which are available
to the public generally and are not solely or primarily for the benefit
of residents of the subdivision.
(c)Â
Ecological research or environmental management of natural resources,
such as study of natural systems or management of wetlands.
(d)Â
Archaeological investigation.
(e)Â
Preservation of historic places.
C.Â
Imposition of additional restrictions. Notwithstanding anything herein
to the contrary, the Planning Board shall have power to impose restrictions
on the use of open space which are in addition to, or are more specific
than, those restrictions set forth in this article.
In order to effectuate the purposes of this chapter, the restrictions
and limitations on ownership which are set forth below shall apply
to any open space created hereunder.
A.Â
Purpose of ownership restrictions. The Planning Board shall impose
limitations or restrictions on the ownership of open space created
or required by the Board pursuant to this chapter, in order to effectuate
the following purposes:
(1)Â
To ensure that open space set aside hereunder continues to serve
its intended purpose, e.g., the preservation or conservation of land
in perpetuity in its natural or existing condition for nonconsumptive
and environmentally sound use.
(2)Â
To ensure that the benefits of the open space may be enjoyed
by owners of all lots or dwelling units in the development or by the
larger community.
(3)Â
To promote the proper management and care of open space, both
to ensure that its scenic and ecological values are protected and
to ensure that it does not become derelict or a source of nuisance
to the community.
(4)Â
To foster certainty in land titles and avoid the abandonment
of land having little economic value by private owners.
(5)Â
To limit the risk that future owners of open space will attempt
to convert it to commercial or consumptive uses incompatible with
the original purposes for which the land was set aside.
(6)Â
To give public notice of restrictions placed upon the use of
open space at time it was set aside.
B.Â
Limitations on conveyance of fee title. As a condition to approval
of a subdivision plat pursuant to this chapter, the Planning Board
shall require that fee title to parcels of open space shown on the
plat be conveyed to one or more of the following:
(1)Â
A property owners' association incorporated in accordance
with the Not-For-Profit Corporation Law of the State of New York and
which meets the criteria set forth below.
(2)Â
The Town of East Hampton or other governmental unit or authority,
but only to serve one or more of the purposes set forth in this chapter.
(3)Â
A private conservation corporation or land trust approved by
the Planning Board, which is required under its charter to own and
manage the open space in perpetuity for one or more of the purposes
set forth in this chapter and which has the capacity to do so.
C.Â
Title to agricultural open space. Notwithstanding the foregoing,
the Planning Board may permit the owner or developer of a subdivision
to retain fee title to open space which is set aside for agricultural
purposes. In any such case, the Planning Board shall ensure that the
agricultural open space remains available and suitable for agricultural
use in perpetuity by requiring the grant of an agricultural use easement
to the Town of East Hampton or to an approved private conservation
corporation or land trust, and by imposing such other conditions and
restrictions as, in the discretion of the Board, will ensure this
result.
D.Â
Grant of restrictive easements required. Where fee title to open
space will be conveyed to a property owners' association, the
Planning Board shall ensure that the said open space is used in perpetuity
only for the uses approved by the Board and shall ensure that public
record notice is given of the nature of restrictions on the open space.
To this end, the Planning Board shall:
(1)Â
Require the grant of conservation easements, either to the Town
of East Hampton or to an approved private conservation corporation
or land trust, and require the filing of such other instruments as
will permanently impose the open space restrictions required by this
chapter and give record notice of the same.
(2)Â
Impose such other conditions or restrictions as will, in the
discretion of the Board, ensure that use of the open space is permanently
restricted to those uses approved by the Board.
E.Â
Conveyance to property owners' association. Title to open space
may only be conveyed to a property owners' association if the
following requirements are met:
(1)Â
The said association must be incorporated in accordance with
the New York Not-For-Profit Corporation Law and must exist for the
common benefit of the owners of all of the lots in the subdivision
map.
(2)Â
The association must be responsible for any insurance, taxes
or other costs which are needed to manage and maintain the open space.
(3)Â
Under the terms of incorporation of the association, title to the open space held by the association must revert to the Town of East Hampton, at the town's option, or to one of the other entities specified in Subsection B above should the association be dissolved.
(4)Â
Membership in the association must be mandatory for the owner
of each lot in the subdivision map, and for the owner's successors
in interest, and each such owner must be required to pay a proportion
of the annual costs of maintaining the open space.
(5)Â
The association must have power to levy assessments against
each lot owner for that owner's proportion of the annual costs
of maintaining the open space, which assessments must be capable of
being changed as circumstances warrant and which may become liens
against the property of a lot owner who fails to pay his or her assessment.
(6)Â
The developer of the subdivision must, by the filing of a declaration
of covenants and restrictions or other appropriate instruments approved
by counsel to the Planning Board, grant the foregoing powers and impose
the foregoing duties upon the association and the owners of every
lot in the subdivision map.
(7)Â
The association must be established, and instruments which satisfy
the above requirements must be recorded, no later than the date on
which the subdivision map is filed with the Suffolk County Clerk.
The limitations on use and ownership of open space which are
set forth in this article shall apply to every parcel of open space
created pursuant to this chapter and shall be binding upon any owner
of such open space, notwithstanding the failure of the Planning Board
or any other party to fully and adequately set forth these limitations
in any declarations, easements or other instruments filed in connection
with the approval of a particular subdivision map or development plat.
