Every application to the East Hampton Town Planning Board shall address the general policies set forth in this section.
A. 
Coastal features and all wetlands areas. Natural coastal features and systems, wetlands and habitats shall be identified and shall be protected by preservation in their natural state by conservation or by such other means as the Planning Board shall deem necessary.
B. 
Existing natural features and systems. Natural topography, soil conditions and potable water features and systems shall be protected by preservation in their natural state, by conservation or by such other means as the Planning Board shall deem necessary.
C. 
Cultural features. Existing cultural features and systems of significance shall be protected in their natural state by conservation or by such other means as the Planning Board shall deem necessary, and public views protected in accordance with the terms of existing applicable scenic, agricultural or conservation easements, and purchase of development rights agreements, as to which the Town of East Hampton, a conservation organization, or a homeowners' association is a grantee or a party.
[Amended 6-20-2019 by L.L. No. 27-2019]
D. 
Man-made features. Existing man-made features and systems shall be identified and integrated with the plan in accordance with principles of good planning and design.
E. 
Integrated plan. At the time of the initial application, all projected improvements to the site shall be disclosed and considered so that an integrated plan of future improvements is developed. If the applicant shall so elect, the overall plan may be divided into phases or stages and separate applications may be filed for each succeeding stage. At the time each phase or stage is offered for review by the Planning Board, the general outline of the plan as a whole and all projected future improvements shall be presented.
F. 
Health, safety and general welfare. The health, safety and general welfare of the people of the Town of East Hampton shall be assured by considering standards and appropriate specifications which are in accordance with the goals and objectives of the Comprehensive Plan, the Town Code, laws, rules and regulations of coordinating agencies which include but are not limited to the following:
(1) 
New York State Department of Environmental Conservation.
(2) 
New York State Department of Transportation.
(3) 
Suffolk County Department of Health Services.
(4) 
Suffolk County Planning Commission.
(5) 
Suffolk County Department of Public Works.
(6) 
United States Army Corps of Engineers.
(7) 
Town Board.
(8) 
Town Zoning Board of Appeals.
(9) 
Town Trustees.
(10) 
Suffolk County Soils and Water Conservation District.
(11) 
The United States Department of Interior.
(12) 
Suffolk County Water Authority.
(13) 
Suffolk County Cooperative Extension.
(14) 
Town Architectural Review Board.
(15) 
Town Natural Resource Director.
(16) 
Fire Advisory Committee.
[Added 12-3-1999 by L.L. No. 33-1999]
G. 
Required subdivision improvements. All subdivisions are required to have certain improvements. These improvements shall be constructed in accordance with the Planning Board specifications, Standard Details sheets[1] and other drawings as approved by the Town Engineer.
(1) 
The following improvements are required in all subdivisions:
(a) 
Clearing and grading of all streets.
(b) 
Paving of all streets.
(c) 
Fire protection. See § 220-3.28 for alternate types.
(d) 
Adequate drainage facilities consisting of recharge basins or seepage pools or lots specifically designated for runoff, which will never be used for building.
(e) 
Landscaping and fencing of recharge basins.
(f) 
Concrete monuments.
(g) 
Street signs to conform to existing town standards.
(h) 
Street trees.
(i) 
A minimum finished grade of 10 feet above mean sea level in the United States Coast and geodetic survey datum shall be required of all locations within a subdivision.
(j) 
Topsoil with seed or sod.
(k) 
All streets which terminate at a natural body of water shall have a minimum width of at least 100 feet for a distance of not less than 100 feet from the mean high-water line and/or such other facilities for parking and traffic as the Planning Board may require with adequate drainage facilities on-site to prevent runoff into surface waters.
(l) 
Trails are to be cleared and marked. See Standard Details.
(m) 
Underground electric, telephone and television cables.
(2) 
It is the Planning Board's policy to encourage the use of alternative energy sources, including but not limited to solar, wind and water power, as a conservation measure.
[1]
Editor's Note: The Standard Details are set forth in Part 5, Appendix, of this chapter.
H. 
Principles of good planning and design. Site and land development shall adhere to generally accepted principles of good planning and design. Such principles shall be applied to assure efficient and effective means of satisfying the design requirements set forth in this chapter and fulfilling the policies enunciated in this section.
I. 
Open space and natural features.
(1) 
Open space environment. The rural open space environment shall be protected through such means as preservation, conservation, and the maintenance of agricultural land and public views as required in any existing applicable scenic, agricultural or conservation easements, and purchase of development rights agreements, to which the Town of East Hampton, a conservation organization, or a homeowners' association is grantee or a party, or by any other means which may be deemed appropriate.
[Amended 6-20-2019 by L.L. No. 27-2019]
(2) 
Setbacks. Appropriate setbacks shall be required to preserve natural features and systems.
(3) 
Topographic features. Destruction of significant topographic features shall not be permitted.
(4) 
Natural vegetation. Trees and natural vegetation shall be preserved and integrated with proposed improvements wherever possible.
(5) 
Natural ground cover. Stripping of natural ground cover shall be minimized.
(6) 
Whenever the site of proposed improvements is adjacent to existing dwellings or dwelling units, appropriate buffer landscaping, natural screening, or fencing shall be provided to protect property values of existing or future dwellings. Whenever the site of proposed improvements is included within or is a part of a subdivision or is adjacent to property containing property protected by an existing scenic, agricultural, or conservation easement, or a purchase of development rights agreement which protects public views, to which the Town of East Hampton, a conservation organization or a homeowners' association is a grantee or a party, appropriate conditions shall be imposed to maintain public views as required therein.
[Amended 6-20-2019 by L.L. No. 27-2019]
(7) 
Parking areas, screening. Appropriate screening in the form of trees or shrubbery shall be required for all parking areas.
(8) 
Clearing, landscaping plan. Whenever the proposed improvement requires substantial clearing, filling or grading, the Planning Board shall require a landscaping plan showing that the site will be replanted in a manner suitable to the surrounding natural environment. Such plan shall require a bond or other security to assure compliance.
(9) 
Regrading and earth moving. Extensive regrading shall not be approved unless no reasonable alternative is feasible.
J. 
Drainage and runoff. All stormwater drainage and runoff from buildings, structures, streets, parking areas, driveways and other improvements shall be contained within the perimeter lines of the site and shall be returned to the ground by appropriate means. All paved areas shall be sufficiently drained to prevent ponding.
K. 
Waterfront areas.
(1) 
Public domain. All lands in the public domain shall be identified, and the rights of the public thereto, including specifically rights of access, shall be assured.
(2) 
Flood hazard areas. Preventive measures shall be taken in flood hazard areas so as to minimize possible flood, storm and tide damage and pollution. The Planning Board shall give effect to the Special Tidal Flood Hazard Overlay District zones and definitions found in Chapter 255, Zoning, of the Town Code, together with all applicable state and federal regulations.
(3) 
Waterfront construction, Any development plan that involves the construction of bulkheads, jetties, groins, docks or other waterfront improvements or that involves dredging shall be subject to coordinated review by such of the following agencies and municipalities as may have jurisdiction thereof:
(a) 
New York State Department of Environmental Conservation.
(b) 
Suffolk County Department of Public Works.
(c) 
United States Army Corp of Engineers.
(d) 
Town Zoning Board of Appeals.
(e) 
Town Trustees.
(f) 
Natural Resources Director.
L. 
Vehicular access and traffic.
(1) 
Traffic patterns and circulation systems. Traffic patterns and circulation systems shall be integrated from one property to another so as to avoid traffic congestion and prevent hazardous conditions.
(2) 
Access for emergency vehicles. Adequate means of access for emergency vehicles shall be provided in accordance with the Standard Details[2] and specifications which are set forth in this chapter.
[2]
Editor's Note: The Standard Details are set forth in Part 5, Appendix, of this chapter.
(3) 
Traffic safety. Vehicular ingress and egress, interior traffic circulation, parking space configurations, loading facilities and pedestrian walkways shall be planned so as to promote public safety.
(4) 
Curb cuts. Planning Board approval of any application that requires access onto state or county roads or highways shall be conditioned upon obtaining requisite curb cut permits from the agencies having jurisdiction thereof.
(5) 
Grade crossing. No final application shall be accepted or processed in which a proposed street or road crosses the Long Island Rail Road right-of-way unless such application is accompanied by an easement from the railroad authorizing such grade crossing.
M. 
Public facilities and utility services. The installation of public facilities and the provisions of utility services shall be required as deemed appropriate and necessary in the interest of the public welfare and shall be placed underground where appropriate.
N. 
Outdoor lighting. Outdoor lighting facilities shall be so located and so shielded that direct light shall not fall on adjacent properties and shall not create a hazard on any public street.
Every subdivision application shall comply with the subdivision requirements set forth in this section.
A. 
Streets.
(1) 
All streets shall be constructed in accordance with the Standard Details[1] sheets and shall be suitably located, related to the topography, adequately constructed to ac-commodate the prospective traffic and afford access of emergency equipment, snow removal and other road maintenance equipment and shall be coordinated to compose a convenient system.
[1]
Editor's Note: The Standard Details are set forth in Part 5, Appendix, of this chapter.
(2) 
The arrangement of streets shall be such as to cause no undue hardship to adjoining properties. The arrangement of streets in the subdivision shall provide for the continuation of principal streets in adjoining subdivisions and for the proper projection of principal streets into adjoining properties which are not as yet subdivided. Streets shall conform to the Town Comprehensive Plan.
(3) 
Any crossing of the Long Island Rail Road right-of-way within a subdivision will be subject to an easement to be granted by the Long Island Rail Road.
(4) 
To plan for energy conservation by orientation of future development, the Planning Board encourages the use of streets running in east-west directions, and lots on a north-south axis to provide greater opportunity for south orientation of windows in structures.
B. 
Lots and blocks.
(1) 
Lots shall, in general, be rectangular, somewhat deeper than they are wide. All lots shall conform to zoning requirements, and the lot lines shall generally be at right angles to the street line. Blocks shall not be excessively long thereby causing unnecessary travel on the street.
(2) 
In general, the maximum block length shall be 1,200 feet and minimum length shall be 400 feet. The Planning Board, in the interest of energy conservation, shall encourage the layout of lots on a north-south axis to provide greater opportunity for south orientation of windows in structures.
C. 
Site grading. Proposed grades for streets and lot areas shall bear a logical relationship to the natural topography. It is the policy of the Town of East Hampton to discourage massive regrading of subdivision sites where such earth moving would cause extreme cut or fill for streets or lots, stripping of natural ground cover and destruction of worthwhile topographic features. Trees and natural vegetation shall be preserved wherever possible.
D. 
Reserved area. It is the policy of the Planning Board to require reserved area in all subdivisions, although this requirement may be waived for minor subdivisions. Reserved area shall constitute a minimum of 10% of the total acreage of the lands comprising the subdivision, exclusive of underwater lands. Reserved area may be required to provide active and passive recreational facilities for residents of the subdivision and may also be required to preserve the scenic and aesthetic qualities of land, to preserve roadside and waterfront vistas, to conserve natural resources and wildlife habitat, to preserve agricultural lands, to protect groundwater supplies, to protect lands having steep slopes, to protect wetlands and tidal and fresh waters, to protect cultural and historic resources, to avoid development of flood-prone areas and to protect trails, bluffs, dunes and beaches. The following rules shall apply to any reserved area required or approved by the Planning Board:
[Amended 11-19-1993 by L.L. No. 32-1993]
(1) 
Permitted uses of reserved area. Except for uses specifically required or permitted for active recreational use, all reserved area required or approved by the Planning Board shall be limited to one or more of the following uses:
(a) 
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.
(b) 
Environmental research and education uses, such as nature study, so long as these do not involve substantial alteration or improvement of the reserved area.
(c) 
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 reserved area.
(d) 
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.
(e) 
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.
(2) 
Active recreational reserved area. Reserved area may be required or approved by the Planning Board for the active recreational use of residents of a subdivision. Such reserved area may include active recreational uses and facilities, such as tennis courts, swimming pools and the like, and parking areas serving such uses or facilities. Reserved area set aside for these purposes, however, may not be used to satisfy any reserved area requirement imposed by Chapter 193, Open Space Preservation, of this Code or by the Planning Board pursuant to Chapter 193.
(3) 
Prohibited uses of reserved area. Reserved area may not be approved by the Planning Board if it consists of the following or is intended to be used for any of the following purposes:
(a) 
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 reserved area is allowed by Subsection D(1) or (2) above.
(b) 
Residential or commercial buildings, structures, uses and facilities, excepting only, in the case of agricultural reserved area, the use of the reserved area for agriculture and buildings, structures and facilities pertaining thereto.
(c) 
Drainage basins and sumps.
(4) 
Additional restrictions governing agricultural reserved area. Reserved area required or approved by the Planning Board and which is intended for agricultural use shall be permanently restricted to the following uses:
(a) 
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.
(b) 
The use of farm vehicles and equipment in connection with agricultural operations.
(5) 
Additional restrictions governing reserved area generally. Reserved area required or approved by the Planning Board, except for agricultural reserved area and active recreational reserved area, shall be permanently restricted in its use as follows:
(a) 
No buildings, fences or other structures may be constructed, erected, maintained or moved onto or within reserved area, 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 whose inclusion within reserved area is allowed by Subsection D(1) above.
(b) 
No topsoil may be removed from reserved area, no sand, gravel, peat or other minerals shall be placed on reserved area or removed therefrom, and the natural topography and land contours of reserved area shall be left in their natural and undisturbed condition.
(c) 
Reserved area 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.
(6) 
Exceptions to Subsection D(5). Notwithstanding the provisions of Subsection D(5), 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 reserved area and minor changes from the natural condition of reserved area may be allowed, if such structures or changes are permitted in furtherance of:
(a) 
A passive and nonconsumptive human use of reserved area, such as trails or pedestrian boardwalks across dunes or wetlands.
(b) 
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) 
Ecological research or environmental management of natural resources, such as study of natural systems or management of wetlands.
(d) 
Archaeological investigation.
(e) 
Preservation of historic places.
(7) 
Imposition of additional restrictions on reserved area. The Planning Board may impose additional restrictions on the use of reserved area beyond those which are stated in this subsection or may impose restrictions which are more specific than the restrictions stated in this subsection.
(8) 
Ownership of reserved area. In order to ensure that reserved area set aside by the Planning Board continues to serve its intended purpose, that the benefits of reserved area are enjoyed by all residents of a subdivision and that reserved area is properly managed and cared for, the Planning Board shall require that fee title to reserved area be vested in one or more of the following entities:
(a) 
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 in Subsection D(11) below.
(b) 
The Town of East Hampton or other governmental unit or authority, but only to serve one or more of the purposes allowed by this subsection.
(c) 
A private conservation corporation or land trust approved by the Planning Board, which is required under its charter to own and manage the reserved area in perpetuity for one or more of the purposes allowed by this subsection and which has the capacity to do so.
(9) 
Ownership of agricultural reserved area. Notwithstanding the provisions of Subsection D(8), the Planning Board may permit the owner or developer of a subdivision to retain fee title to reserved area which is set aside for agricultural purposes. In any such case, the Planning Board shall ensure that the agricultural reserved area 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 will, in the discretion of the Board, ensure this result.
(10) 
Grant of restrictive easements over reserved area. Where fee title to reserved area will be conveyed to a property owners' association, the Planning Board shall ensure that the said reserved area 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 reserved area. To this end, the Planning Board shall:
(a) 
Require the grant of conservation easements having perpetual duration, either to the Town of East Hampton or to an approved private conservation corporation or land trust, or require the filing of such other instruments as will permanently impose the restrictions on reserved area required by the Planning Board under this chapter and give notice of the same.
(b) 
Impose such other conditions or restrictions on the reserved area as will, in the discretion of the Board, ensure that use of the reserved area is permanently restricted to those uses approved by the Board.
(11) 
Conveyance of reserved area to a property owners' association. Fee title to reserved area may only be conveyed to a property owners' association if the following requirements are met:
(a) 
The 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.
(b) 
The association must be responsible for any insurance, taxes or other costs which are needed to manage and maintain the reserved area.
(c) 
Under the terms of incorporation of the association, title to the reserved area 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 D(8) above should the association be dissolved.
(d) 
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 reserved area.
(e) 
The association must have power to levy assessments against each lot owner for that owner's proportion of the annual costs of maintaining the reserved area, 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.
(f) 
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.
(g) 
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.
(12) 
Nothing in this subsection shall be construed to supersede any provision of Chapter 193, Open Space Preservation, of this Code which imposes a greater restriction on the use or ownership of reserved area than is stated herein or which limits the Planning Board's power to allow certain uses of reserved area beyond what is stated herein.
E. 
Airport noise easements. The Planning Board will require airport noise easements on all subdivisions, within a one-mile radius of a public airport in addition to possible land dedications.
F. 
Conservation of water. It is the requirement of the Planning Board to return stormwater to the ground within subdivisions. This is to be done through the use of recharge basins and/or leaching basins and/or lots specifically designated as drainage lots to be used for no other purpose. In addition, applicants shall be required to covenant that buildings and structures shall be equipped with leaders, gutters and dry wells to return stormwater runoff to the ground.
G. 
Dedication of improvements. It is the policy of the Planning Board to recommend the acceptance for dedication into the town highway system of all improvements, particularly those set forth in § 220-1.05, General policies and requirements, when they have been completed and maintained in accordance with the specifications contained herein.
H. 
Determination of yield.
(1) 
The Board shall in all cases require the submission of a standard plat to determine the number of dwelling units or lots a parcel of property will yield. To be a building parcel which contributes to yield, the parcel shall include a building envelope.
(2) 
A standard subdivision shall conform in all respects to the provisions of Chapter 255, Zoning, of the Town Code and shall also conform as to the requirements of the Planning Board's subdivision regulations and all other applicable requirements. The standard subdivision design shall be required in order to determine the proposed number of legal building lots which may be provided. The location of a reserved area, satisfying the requirements of the subdivision regulations, shall be shown on the standard subdivision. The standard subdivision design shall exclude the following listed features as buildable area:
(a) 
Existing water surfaces.
(b) 
Marshes, bogs, swamps or other areas of high-water table which cannot be normally built upon without excessive fill as may be determined by the Planning Board.
(c) 
Horizontal area of escarpments, bluffs or the seaward faces of primary dunes.
(d) 
Beach as defined in § 255-1.20 of the Town Code.
(e) 
Horizontal areas of slopes which exceed a grade of 20%.
(f) 
Areas required for reserve area pursuant to the Planning Board's subdivision regulations.
(g) 
Areas required for recharge basins or for natural area recharge.
(h) 
Area required for streets.
(i) 
Area required for utilities or public facilities, except that minor utility easements of direct service to the subdivision may be included.
(j) 
Areas which are required setback areas under state or local laws or regulations.
I. 
Trail preservation. To foster the goal of trail preservation, all subdivision applications shall meet the following criteria:
(1) 
All subdivision applications submitted shall delineate all trails on the plat and within 200 feet of the boundaries of the subject premises which are part of the inventory map which is part of the Town Comprehensive Plan.
(2) 
To the extent it is consistent with proper overall land use principles, existing trails shall be preserved in their natural state within reserved areas in the proposed subdivision.
(3) 
Where a subdivision layout cannot preserve existing trails because of adherence to legitimate land use policies and principles, the Planning Board may require relocation of trails within the proposed reserved areas to maintain the necessary linkage to preserve the integrity of the system.
(4) 
It is the policy of this Board to provide notice to the public with regard to trails. All trails shall be indicated on the final map of the proposed subdivision. Existing and relocated trails shall be distinguished on the map. Said trails and all property rights, both private and public, relating to the trails shall be delineated by declaration or other proper legal instrument filed in connection with the subdivision. The resolution of conditional final approval shall also delineate any conditions of approval relating to trail preservation, use and maintenance.
(5) 
All trails which are preserved as a condition of Planning Board approval shall be improved in accordance with the Board's rules and regulations relating to clearing and marking of trails.
(6) 
All trails shall be well buffered from proposed development through location within proposed reserved areas.
(7) 
The improvement costs of trails shall be the responsibility of the applicant.
(8) 
Except as provided herein, all trails subject to this policy statement shall be for recreational uses as outlined in Chapter 193 of the Town Code and shall not be utilized by motorized vehicles.
(9) 
The Planning Board shall encourage applicants to grant rights to the public to utilize the trail system preserved pursuant to this policy.
(10) 
Dedication, access easements or covenants shall be acceptable means of creating public rights to use the trail system.
(11) 
Landowner's liability shall be governed by the applicable law of the State of New York (e.g., see General Obligations Law § 9-103).
(12) 
Where the applicant has granted rights to the public to utilize the trails within his control, the town shall be responsible for maintenance of the trails, absent an agreement with the developer or a third party to the contrary.
(13) 
Where the town possesses property rights in the form of trail easements to utilize lands as trails and trails were not required to be constructed by the applicant while this Board possessed jurisdiction, future trail construction shall be the responsibility of the town. Cooperation with owners of the underlying fee (homeowners' association or other) shall be encouraged.
(14) 
The provisions of this policy shall not apply to the trustee roads except for the provisions in Subsections I(1), (2) and (6) of this section.
J. 
Flag lots.
(1) 
No flag lots shall be utilized within a standard plat which is submitted to determine yield.
(2) 
Where flag lots are utilized in an actual application, the flag pole portion of said lots shall not be included as part of lot area.