[HISTORY: Adopted by the Town Board of the Town of East Hampton 2-8-1983 by L.L. No.
1-1983; amended in its entirety 4-15-1983 by L.L. No.
6-1983. Subsequent amendments noted where applicable.]
[Amended 8-6-1999 by L.L. No. 20-1999]
A.
This
local law shall be known as the "Town of East Hampton Department of
Planning Law."
B.
The
Town of East Hampton has a diverse array of historic, prehistoric,
cultural, natural, rural, scenic and agricultural resources. The Department
of Planning plays a major stewardship role by providing professional
planning and technical services regarding the town's land use,
its environmental choices, its infrastructure, and its cultural and
natural resources. The Director and Department personnel use their
various expertise to support the town's policy of preserving,
protecting and conserving the town's multifaceted resources.
As used in this local law, the following terms shall have the
meanings indicated:
The Town of East Hampton Department of Planning which shall
perform a major function of town government.
The Director of the Department of Planning, chief executive
officer of the Department.
There shall be in the Town of East Hampton a Department of Planning.
The principal executive officer and administrative head of such Department
shall be the Director, who shall be selected by the Town Board pursuant
to the Civil Service Laws of the State of New York. The Director shall
be the head of the Department and shall have such powers as shall
be necessary for the proper administration of the Department consistent
with the applicable provisions of law.
The general powers and duties of the Department of Planning
are as follows:
A.
To
provide the Planning Board, upon its request, with technical and professional
analysis of all subdivision applications and applications for site
plan review.
B.
To
provide the Town Board and Planning Board, upon request, with technical
and professional analysis in the following areas:
C.
To
provide the Town Board, the Zoning Board of Appeals or the Trustees
of the Freeholders and Commonalty of the Town of East Hampton, at
their request, with technical and professional analysis of any application
for variances, permits or special permits.
D.
To
aid the Town Board, Planning Board, Zoning Board of Appeals and other
agencies of the town in complying with the procedural and substantive
requirements of the State Environmental Quality Review Act (SEQRA)[1] and Chapter 128 of this Code. In assisting one or more of the foregoing town agencies with the preparation or review of a draft Environmental Impact Statement (DEIS) prepared by or for an applicant, the Department shall compute its actual hours worked and expenses incurred in preparing or reviewing the DEIS in order to permit the recovery of these costs as authorized by Chapter 128.
[Amended 5-1-1992 by L.L. No. 9-1992]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
E.
To
supervise and coordinate the engineering design of all highways, roads,
streets, sidewalks, bridges, drainage systems, municipal structures,
parking areas, and other structures or improvements in the nature
of public works.
F.
To
preserve, protect and conserve the historic, prehistoric, cultural,
natural, rural, scenic and agricultural resources of the town, and
to undertake the following actions among others regarding same:
[Amended 8-6-1999 by L.L. No. 20-1999]
(1)
Identify and assess the above-referenced features, areas and systems of the town. Various planning tools, such as inventories, monitoring, databases and GIS mappings, shall be utilized. Such identification and assessment efforts shall be coordinated with the Department of Natural Resources provided for pursuant to Chapter 180 of this Code.
(2)
Prepare work programs and long-range plans regarding such features,
areas and systems.
(3)
Develop implementation strategies for the conservation and enhancement
of such features, areas and systems.
(4)
Propose Town Code amendments that will further the town's policy
of preserving, protecting and conserving such features, areas and
systems.
(5)
Review discretionary private and governmental actions for potential
impacts to such features, areas and systems.
(8)
Report any identified harmful or potentially harmful act of commission or omission, past or present, regarding such features, areas or systems, to the Town Supervisor, to the Ordinance Enforcement Department provided for pursuant to Chapter 45 of this Code, and to any and all local, county, state or federal agencies with jurisdiction or other interest in such matters.
(9)
Render assistance, as requested, to said Ordinance Enforcement Department in connection with violations or alleged violations of Chapter 255 of this Code. Such assistance may include, without limitation, the provision of technical support and expertise, field work, demarcation of natural resources regulated by Chapter 255, affidavits and live testimony.
(10)
Review vegetation and revegetation plans prior to, during, and after
implementation to determine if said plans comply with resolutions
of the Planning Board and Zoning Board of Appeals, with building permit
applications, with certificates of occupancy requirements, with justice
court dispositions, and the like.
G.
To
coordinate with the Department of Natural Resources.
[Added 8-6-1999 by L.L. No. 20-1999]
H.
To
provide assistance, upon Town Board approval, to the Town Trustees,
other levels of government, and nongovernmental agencies and organizations
regarding environmental grants, contracts, permits and the like; said
assistance to be provided pursuant to Town Board approval and with
said Board being apprised by the Department of its efforts pertaining
to such activities.
[Added 8-6-1999 by L.L. No. 20-1999]
I.
To
provide assistance to the public, applicants and their agents.
[Added 8-6-1999 by L.L. No. 20-1999]
J.
To
conduct educational meetings and programs to help carry out the purposes
and policies of the Department.
[Added 8-6-1999 by L.L. No. 20-1999]
K.
To
identify and, with Town Board approval, make application for outside
funding and grants to implement the policies and purposes of this
chapter. When awarded, the Department shall undertake and complete
such grants.
[Added 8-6-1999 by L.L. No. 20-1999]
L.
To
maintain records of the Department's activities and to submit
an annual report about such activities to the Town Board.
[Added 8-6-1999 by L.L. No. 20-1999]
M.
To prepare written reports and to compile written results regarding the Department's grant projects, its long-range planning, its efforts to identify and assess features, areas and systems referenced in § 50-4F, and the like. Such written reports and results shall be made available to the various town departments and to the public.
[Added 8-6-1999 by L.L. No. 20-1999]
The Director shall supervise and coordinate all private engineers,
architects and other consultants as requested by the Town Board and
the Planning Board.
If any section, provision or part thereof in this local law
shall be adjudged invalid or unconstitutional by a court of competent
jurisdiction, then such adjudication shall not affect the validity
of the local law as a whole, or any section, provision or part thereof
not adjudged invalid or unconstitutional.[1]
[1]
Editor's Note: Former § 105-7, Amendment, and
§ 105-8, When effective, which immediately followed this
section, were repealed 5-1-1992 by L.L. No. 9-1992.
