[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 4-20-1979 by L.L. No. 15-1979 (Ch. 13 of the 1971 Code). Amendments noted where applicable.]
[Amended 10-17-2003 by L.L. No. 12-2003]
East Hampton Village contains many residential and commercial structures of historic value. It is famed as one of America’s most beautiful and uniquely situated villages. Distinct commercial areas still retain desirable features which make them compatible with the Village’s character and scale. East Hampton residents derive considerable peace of mind from their congenial physical surroundings. As old ways of farming and fishing have waned, it is that character and charm that now provide the basis for its resort economy. It is that resort economy that now poses the greatest threat to the Village’s physical appearance. Much requires preservation and stabilization while inevitable growth and development require compatibility and tasteful “fit” into an existing fabric. Commercial and industrial properties interface with residential and historical areas. It is essential that that rural-residential aspect be maintained: green open spaces, screening, rear yard parking, limited vehicular access, etc. The Village Board finds that new development can otherwise have a substantial adverse impact on the character, health and safety of the area in which it is located. Inappropriate exterior design of buildings or structures and development of grounds adversely affect the desirability of immediate and neighboring areas for residential and commercial purposes and, by so doing, impair the benefits of occupancy of existing property in such cases, impair the stability of values of both improved and unimproved real property in such areas and preclude the most appropriate development of such areas. The Village Board finds that the aggravation and intrusion of further restrictions on the use and enjoyment of private property is more than offset by the common advantage in the maintenance of overall values and avoidance of assaults on the senses which in this Village’s case are especially dependent on the aesthetic quality and physical attributes of the community. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls and building codes. Other aspects of construction or development are more subtle and less amenable to rules promulgated without regard to specific construction or development proposals. Among these are the general form of the land before and after development, the spatial relationships of the structures and open spaces to proximate land uses and the appearance of buildings and open spaces as they contribute to an area as it is being developed. Such mailers require the timely exercise of judgment in the public interest by people qualified to evaluate the design of new construction and development.
The purposes of design review are:
To promote those qualities in the environment which retain or bring quality to life as well as material value to the community.
To foster the attractiveness and functional utility of the community as a place to live and work.
To preserve the character and quality of our heritage by maintaining the integrity of those areas which have a discernible character or are of special historic significance.
To protect existing investments in the area.
To encourage, where appropriate, a mix of uses within permissible use zones.
To raise the level of community expectations for the quality of its environment.
To control the exterior color of buildings so as to best promote and protect the abovesaid purposes.
[Added 12-17-1982 by L.L. No. 3-1982]
To maintain and enhance the desirable character and the best features of individual commercial areas.
[Added 10-17-2003 by L.L. No. 12-2003]
To encourage development that is compatible with the scale and character of the Village.
[Added 10-17-2003 by L.L. No. 12-2003]
To control the distribution of open space so as to maintain and enhance the desirable character and best features of a property or area.
[Added 10-17-2003 by L.L. No. 12-2003]
The Design Review Board, in examining applications for building permits, shall consider the various aspects of design, with special emphasis on these objectives:
Landscape and environment: to prevent the unnecessary destruction or blighting of the natural or cultural landscape or of the achieved man-made environment.
Relationship of structures and open spaces: to ascertain that the design treatment of built-up and open spaces has been such that they relate harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed development.
Circulation: to determine that the proposal facilitates appropriate pedestrian and vehicular access, interior traffic circulation, loading facilities, servicing and parking.
Lighting facilities shall be placed and shielded in such a manner as not to cause direct light to shine upon adjacent properties, and such illuminating source, together with lighted signs, shall not cause a hazard to be created upon a public street.
Parking areas, where required by Chapter 278, Zoning, of the Code of the Village of East Hampton, shall be located to the rear of the structures, shall be screened from adjoining properties and public view and shall be adequately drained.
Where the site is located adjacent to a dwelling or a residential district (zone), appropriate buffer landscaping, natural screening and fencing shall be required in order to protect all property values and lessen the impact of development upon adjoining areas.
The preservation of existing large trees and the unique natural features of the site shall be accomplished wherever possible. When extensive clearing and grading is necessary, the Board may require a landscaping plan demonstrating that plants, bushes or trees acceptable to the Board will be planted and maintained.
Protection of neighbors: to protect neighboring owners and users by making sure that reasonable provision has been made for such matters as surface water drainage, sound and sight buffers, the preservation of views, light and air and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. With few exceptions, commercial and industrial properties interface with residential areas, and the development of the former must not destroy the latter.
Compliance with other regulations: to coordinate compliance with other municipal ordinances that affect design and aspect, such as zoning, sign and billboard control provisions and provisions for underground utilities.
Color: to control the exterior color of existing and new stores to ensure that the stores relate both to each other and to the natural or landscaped environment.
[Added 12-17-1982 by L.L. No. 5-1982]
[Added 3-16-1984 by L.L. No. 7-1984]
Exterior materials shall be either clapboard, natural wood, shingles or brick, all with trim.
Notwithstanding the above, the Design Review Board may waive this requirement if, in the Design Review Board's judgment, the purpose and objectives of this chapter will be met through the use of other exterior materials.
Integrated parking: In order to improve interior traffic circulation, reduce the number of accesses on existing streets and maximize the number of parking spaces, parking areas shall be, at the discretion of the Design Review Board, designed and located so as to permit their integration with existing or prospective parking areas on adjoining properties. In this regard, the Board may require shared access and shared interior drives (aisles).
[Added 4-21-1989 by L.L. No. 8-1989]
All applications for site plan approval shall demonstrate that all runoff is contained on site in accordance with the standards of § 121-9D.
[Added 9-16-1994 by L.L. No. 30-1994]
Protection of landmarks and historic districts: to protect, maintain and enhance the setting of landmarks and historic districts designated under Chapter 176. When reviewing any application for a property that is adjacent to, across a public way from or within 100 feet of a designated landmark or historic district, the Design Review Board shall take into account the impact of the proposed action on the designated property and its setting. The Board shall consider alternatives that would protect, maintain or enhance the setting of a designated property.
[Added 2-1-1996 by L.L. No. 1-1996]
Maintenance of character: to maintain features that contribute to the desirable character of a commercial area, including buildings, features of buildings, landscape features and open space.
[Added 10-17-2003 by L.L. No. 12-2003]
Compatibility of design: to determine that the aspects of a design, including the orientation, setback, rhythm, size, height, width, proportion of the front facade, massing, building form, roof form, materials, color, proportion and arrangement of windows, storefront, building details, the distribution and location of open space and other considerations of site design, will maintain and enhance the desirable character and the best features of the commercial area in which the property is situated and will maintain the overall character and scale of the Village.
[Added 10-17-2003 by L.L. No. 12-2003]
Location of open space: to control the location of the required percentage of permeable surface on a property so that it will be located to have the greatest benefit to the desirable setting of that property and to the desirable setting of the commercial area in which the property is situated.
[Added 10-17-2003 by L.L. No. 12-2003]
[Added 10-17-2003 by L.L. No. 12-2003]
The Design Review Board may adopt, and from time to time amend, guidelines for applying the policy, purposes and objectives provided in §§ 13-1, 13-2 and 13-3.
Guidelines may be adopted for any aspect of review or for any specific area or district and will identify its desirable character, important qualities and best features.
The Design Review Board may adopt guidelines for the “allocation of open space” for each commercial area to best enhance the setting of a property or area.
The Board may assist in the design of any building or projects submitted for approval. The Board will require an applicant or his architect or agent to participate in a meeting with the Board or a designated committee thereof. The purpose of this meeting is to aid the applicant in relating his building to its surroundings and to secure, in advance of the preparation of finished plans, an understanding between the Board and the applicant as to the style and exterior finish of the proposed building. All these procedures will be conducted within the contents and purposes of this chapter of the East Hampton Village Code.
[Added 11-20-1987 by L.L. No. 32-1987]
In its endeavor to improve the quality of a design, the Board shall keep considerations of cost in mind, but cost shall not override the other objectives of this chapter.
The Fire Inspector and Building Inspector are to play essential roles at the earliest stages of design consideration, and prospective applicants are encouraged to avail themselves of their services.
[Amended 3-16-1984 by L.L. No. 11-1984]
The Board may approve, or approve with additional conditions, applications made by the owners of improved property in the Core Commercial District to install and maintain planters that are wholly or partially located on Village-owned property if the proposed planters meet the following conditions:
[Added 6-18-2010 by L.L. No. 8-2010]
No planter shall be located on Village-owned property if there is sufficient room on the commercial property to permit the maintenance of a planter.
No planter located partially or wholly on Village-owned property shall exceed 12 inches in depth or exceed three feet in height.
Plantings shall not extend beyond the sides of the planters.
Permits for planters to be located partially or wholly on Village-owned property, to the extent that they are approved by the Design Review Board, shall be granted on an annual basis only and may not be installed prior to May 1 of any year and must be removed no later than November 1 of every year.
Any violations of these conditions may result in immediate removal of the planters by the Village without prior notice and denial of future applications for an annual permit from the same property owner.
The Village Board hereby establishes a Design Review Board. Insofar as practicable, all members of the Board shall be familiar in matters of design.
[Amended 4-20-1984 by L.L. No. 12-1984]
The Board shall have seven members appointed by the Mayor with the advice and consent of the Village Board.
[Added 10-16-1987 by L.L. No. 26-1987]
A Chairman and Vice Chairman of the Board shall be designated from the members of the Board by the Board of Trustees for terms of one year.
Compensation, if any, shall be determined by the Board of Trustees on recommendation of the Mayor. Such out-of-pocket expenses as have been authorized by the Board of Trustees shall be paid on vouchers.
The term of service on the Board is two years. One of the two members appointed as a result of the increase in size of the Board from five members to seven members shall be appointed to an initial term commencing with the date of appointment and terminating on June 30, 1988, and thereafter for two-year terms, and the other member of the Board appointed as a result of the expansion of the Board shall be appointed to an initial term commencing with the date of appointment and terminating on June 30, 1989.
[Added 10-16-1987 by L.L. No. 28-1987]
Removal shall be on recommendation of the Mayor, concurred with by a majority vote of the Village Board of Trustees, and only for good cause.
Editor's Note: On March 16, 2007, the Board of Trustees adopted a resolution requiring New York State mandated annual training for all Planning Board, Design Review Board, and Zoning Board of Appeals members. The resolution is on file in the office of the Village Clerk and available for public inspection during regular office hours.
In issuing approval to use existing primary residential structures on lots in Limited Office Districts (Zones) for up to two offices or one office on the first floor and one apartment on the second floor, the Design Review Board shall consider the following standards and impose the following conditions:
Said uses shall be conducted in primary residential structures in existence on May 1, 1989, which primary residential structure shall not be expanded, enlarged or relocated.
Accessory structures or buildings may not be used for any purpose other than storage.
The applicant and the Design Review Board shall retain the residential appearance of the property and structures existing thereon. To help achieve this, the following standards are hereby imposed:
All parking shall be located to the rear of the property at the discretion of the Design Review Board.
Existing primary residential structures shall not be moved or relocated on the lots.
All parking areas shall be screened from adjoining residential property and to the extent possible shall not be visible by passersby on adjoining roads and streets.
The areas of lawn and landscaping which contribute to the residential character of the property shall be preserved and maintained.
Parking shall be as required by Chapter 278, Zoning. In considering whether to waive and/or restrict required parking, the Design Review Board shall be guided by the policy, purposes and objectives of this chapter as set forth in §§ 121-1, 121-2 and 121-3, as well as the guidelines of this section pertaining to the Limited Office District. In calculating parking and occupancy, the actual number of spaces provided, rather than the number of spaces required, shall be utilized.
[Added 1-20-1995 by L.L. No. 2-1995]
All changes to the exterior of the structures shall be subject to approval of the Design Review Board, which shall retain the residential appearance of said structures.
Landscape planning and fencing shall be required so as to give residential character to the lot and to screen office uses from adjacent residential properties.
No lot shall contain more than one freestanding sign, which may not exceed two square feet in size.
One parking space shall be provided for each employee, independent contractor, including real estate salespersons and real estate brokers, and principal operator. The total number of employees, independent contractors and principal operators and tenants, if any, that occupy the building shall not exceed the lesser of eight or 75% of required parking.
In order to help retain the residential appearance of the structure, the Design Review Board shall have the right to require the applicant to grant to the Incorporated Village of East Hampton a facade easement.
This chapter shall apply to all projects within the Design Review District, as defined herein:
All legal nonconforming use properties, wherever situated.
Schools, public libraries, art museums, churches, parish houses, Sunday school buildings, buildings of membership clubs, social and recreational buildings, soldiers' and sailors' memorial buildings, hospitals, telephone exchanges and public or charitable institutional buildings, wherever situated.
[Added 4-15-1988 by L.L. No. 6-1988]
Within the above districts, this chapter shall apply to all development, private and public.
The word "development" in this chapter means that no tract or parcel of land or portion thereof shall be cleared or altered; that no building, structure or sign be erected, installed, constructed, demolished, moved or enlarged; nor the exterior of any building or structure or the use of the appurtenances or accessories to such building, structure or land be altered, changed, intensified, expanded or extended; and that no additional use shall be installed or permitted inside or outside of an existing building or structure without the approval of the Design Review Board. Applications for minor alterations, such as a change in exterior paint colors or finishes or the installation of planters or benches or fences, at the solediscretion of the Design Review Board, and applications for signs and awnings, may be approved following a design review by the Board upon an oral motion approved by a quorum of the members of the Board at a meeting of the Board. All other applications shall be subject to full site plan review and approval by the Design Review Board, as set forth in this chapter.
[Amended 4-21-1989 by L.L. No. 10-1989; 2-17-2006 by L.L. No. 3-2006; 7-27-2007 by L.L. No. 11-2007]
Whenever a project requires both a special permit from the Zoning Board of Appeals pursuant to § 278-7D of Chapter 278, Zoning, of the Code of the Incorporated Village of East Hampton and the approval of the Design Review Board, the following procedures shall apply:
[Added 11-19-1993 by L.L. No. 22-1993; amended 2-17-2006 by L.L. No. 4-2006]
Application shall be made simultaneously to the Zoning Board of Appeals and the Design Review Board.
The Zoning Board of Appeals shall act as the lead agency pursuant to the State Environmental Quality Review Act.
The application to the Zoning Board of Appeals shall not be deemed complete until the Design Review Board has concluded its preliminary review of the proposed site plan. The conclusion of preliminary review shall not be construed as a final action and is not binding on either the Zoning Board of Appeals or the Design Review Board in their final review and determinations. Primarily, it is intended to give the applicant and the Zoning Board of Appeals guidance as early in the process as possible, before the hearing at the Zoning Board of Appeals, on the broad aspects of the proposed site plan that may result in significant modifications to the proposal by the applicant.
The Design Review Board shall not grant final approval until the Zoning Board of Appeals has completed its environmental review pursuant to the State Environmental Quality Review Act, issued the appropriate State Environmental Quality Review Act decision and issued the appropriate special permit.
Editor's Note: Original § 13-7, Exemptions, as amended, which section immediately followed this subsection, was repealed 12-15-1989 by L.L. No. 42-1989.
[Added 12-15-1989 by L.L. No. 43-1989; amended 10-20-2006 by L.L. No. 12-2006; 6-15-2012 by L.L. No. 12-2012]
Whenever the Chairman or, in the Chairman’s absence, the Vice Chairman of the Board finds that a proposal regarding signs and/or awnings or an improvement that relates solely to improving access for persons with disabilities raises no substantial design problem and fulfills the goals outlined in §§ 121-1, 121-2 and 121-3, he is hereby authorized to grant an exemption and approve the application.
The applicant shall submit through the Building Inspector:
Seven copies of preliminary building floor plans and exterior elevations, drawn to such scale adequate to show clearly the design intent. These plans and exterior elevations shall include structures and significant natural features on neighboring properties.
Ten copies of a site plan or plans, drawn at a scale adequate to show clearly the following:
[Amended 1-15-1988 by L.L. No. 1-1988; 9-18-1998 by L.L. No. 18-1998; 8-15-2003 by L.L. No. 9-2003; 2-17-2006 by L.L. No. 7-2006]
The dimensions, orientation and size of each lot or plot to be developed, built upon or otherwise used.
The layout of the entire project and its relation to surrounding properties and the existing buildings thereof.
The location and dimensions of present and proposed street and highway dedications required to handle the traffic generated by the proposed development and its proposed uses.
The location of points of entry and exit for motor vehicles and the internal vehicular circulation pattern.
The location and layout of all paved areas, including off-street parking and loading facilities, including drainage facilities.
All existing and proposed topography.
The locations, species and sizes of existing and proposed plantings and screenings.
The size, shape and location of existing and proposed construction.
Indication of the proposed use of construction shown on the site.
The location of walls, fences and railings and the indication of their height and the materials of their construction.
Indication of exterior lighting adequate to determine its character and to enable review of possible hazards and disturbances to the public and adjacent properties.
Indication of other potential disturbances to the public and adjacent properties due to noise or odors to be emitted from the proposed development and its proposed use.
The location, size, illumination, design and manner of construction of exterior signs and outdoor advertising.
Existing and proposed sewage disposal systems.
All applications or submissions to the Design Review Board shall be accompanied by the appropriate fee in accordance with a schedule of fees which shall from time to time be fixed by resolution of the Board of Trustees.
[Amended 2-16-2018 by L.L. No. 1-2018]
A stormwater pollution prevention plan consistent with the requirements of Chapter 248 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 248 and the approved site plan shall be consistent with the provisions of Chapter 248 of the Code.
[Added 1-18-2013 by L.L. No. 6-2013]
The Chairman of the Board may waive any of the above submissions that he believes unnecessary. The Chairman may require such other information and exhibits as he deems reasonably necessary to enable the Board to reach an informed result. That information may include:
The applicant shall submit to the Design Review Board through the Building Inspector, whether or not a building permit is applied for, the proposed color on a piece of the material out of which the store is or shall be constructed in all instances in which the exterior color of an existing structure is to be changed, altered or modified.
[Added 12-17-1982 by L.L. No. 6-1982]
[Added 9-16-1994 by L.L. No. 31-1994]
Stormwater drainage design criteria:
Grading and drainage plans shall be based on a two-inch storm.
Runoff shall be retained on site or allowed to flow to an approved outlet.
Show calculations for retention on site (leaching pools).
Leaching pool storage comp. formula:
Required volume storage (cubic feet) - c.f./v.f. = total number of vertical feet necessary.
No allowance for volumetric storage in domes or pipes.
Alternative calculations showing flow analysis for drainage to approved outlet.
Rational method formula:
Pipes and open channels designed using Mannings Formula:
Indicate length, diameter, slope and invert elevations of piping.
Storm drainage structures.
Manholes shall be placed at changes in pipe alignment or gradient (350 feet, maximum spacing). Provide interior steps at fourteen-inch intervals in all manholes (steps protrude seven inches from manhole wall).
Leaching pools shall be comprised of three-foot to four-foot-six-inch ring sections to develop design capacity. The topmost section shall be a solid ring wherever possible.
Maintain fourteen-foot (minimum) center-to-center separation when leaching pools are connected in series.
Provide a three-foot (minimum) collar of select granular backfill for periphery and bottom seepage for all pools.
The bottom of all structures shall be two feet (minimum) above groundwater elevation (as shown in test hole data).
Footing rings and traffic bearing tops are required on all structures located below traffic areas.
Prior to filing any submissions, the applicant and/or his architect or agent are entitled to and are encouraged to meet with the Board in order to obtain information on the general guidelines which the Board expects to use. The applicant and his architect or agent are entitled to have the Board's guidelines, as they apply to his case, in writing so that, if they wish to rely on them, a permanent record of the basis for their reliance will exist. The Fire Inspector and the Building Inspector shall be consulted and shall attend all early-stage discussions concerned with design.
Whenever the Board disapproves a submission, at the request of the applicant it shall specify in writing the conditions under which a majority of the Board would accept the submission. However, it is not the intent of this section to require the Board to furnish the applicant with a design.
The Chairman or, in his absence, the Vice Chairman shall conduct the meetings of the Board. The Secretary shall keep the minutes and a permanent record of all resolutions, motions, transactions and determinations. These records, including all documents submitted by the applicant, shall be available on request for public inspection at reasonable times. The Board shall tender a full statement in writing to each applicant on whose submission action is taken, explaining in detail the reasons and basis for the decision.
[Amended 5-18-2007 by L.L. No. 5-2007]
The Board shall meet as required, pursuant to the following time schedule:
Within 62 days of the receipt of a complete application for site plan review, the Board shall conduct a public hearing, unless the Board adopts a resolution waiving the requirement for a public hearing. Notice of public hearing shall be mailed to the applicant at least 10 days before such hearing, and the Board shall give public notice of said hearing in a newspaper of general circulation in the Village at least five days prior to the date thereof.
The Board may, in its discretion, schedule a public hearing on any application before it, which if scheduled, shall be noticed and held as set forth in the other provisions of this section.
The Board shall make a decision on the application within 62 days after such hearing, or if no hearing is held, within 62 days after the receipt of a complete application. The decision of the Board shall be filed in the office of the Village Clerk within five days after such decision is rendered and a copy thereof mailed to the applicant. This schedule or any portion thereof may be extended by consent of the applicant or his architect or agent.
The Design Review Board shall apprise the Board of Trustees of its decisions. The report may from time to time include a survey of the appearance and condition of buildings in the Village, an analysis of community trends in design, methods that might be employed to improve the quality of new building and prevent the deterioration of existing structures and recommendations that might be enacted to make the design review process more satisfactory.
Editor's Note: Original § 13-14, Appeals, which section immediately followed this section, was repealed 7-30-1993 by L.L. No. 9-1993.
The Building Inspector shall issue no building permit or sign permit within designated design review districts without the approval, in writing, of the Chairman or, in his absence, the Vice Chairman of the Design Review Board.
The penalties for violating any of the provisions of this chapter or any restrictions, covenants or conditions imposed by the Design Review Board as a condition of approval of any application or permit granted hereunder shall be that any person, firm or corporation or other legal entity shall be subject to a fine not exceeding the sum of $250 for any violation or offense, and each day that such violation or offense continues shall be deemed to constitute a separate offense.
[Amended 7-27-2007 by L.L. No. 12-2007]