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.
(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.
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:
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.
(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.
(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:
(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.
