[HISTORY: Adopted by the Board of Trustees of the Village
of East Hampton 4-28-2023 by L.L. No. 5-2023. Amendments noted where
applicable.]
A.
Enactment and authorization.
(1)
The Village of East Hampton Board of Trustees does hereby ordain
and enact the Village of East Hampton land use moratorium on the conversion
of existing tennis courts and other playing courts on residential
property to pickleball courts, pursuant to the authority and provisions
of § 10 of the Municipal Home Rule Law.
B.
Title.
(1)
This chapter shall be known as "The Village of East Hampton Moratorium
on Tennis Court and Pickleball Court Conversions."
C.
Purpose.
(1)
Given the upsurge in the popularity of pickleball, the noise concerns
associated with pickleball which is a matter of community concern,
and the various noise mitigation measures available; and
(2)
Given the Village Board's desire to prevent hasty decisionmaking
that can disadvantage Village residents and the concomitant desire
to prevent immediate construction or conversions that might be inconsistent
with the provisions of future regulations; and
(3)
Given that the Village of East Hampton is intending to pass, or has passed, a local law amending Chapter 278 of the Code of the Village of East Hampton concerning the area, setback and coverage requirements for tennis courts and pickleball courts on residential property, it is the purpose of this chapter to allow the Village of East Hampton Board of Trustees time to collect and examine data and expert information concerning the noise associated with use of pickleball courts and mitigation measures relating to same and to consider the adoption of appropriate regulations concerning (1) whether the conversion of existing tennis courts and other playing courts into pickleball courts should be permitted and, if so, (2) under what conditions, if any, such conversions should be permitted.
For a period of six months after the date of filing of this
chapter with the Department of State, no existing tennis court or
other playing court located within the Village of East Hampton on
residential property shall be converted to use as a pickleball court,
and no new applications for permits, variances, site plan approval
or other approvals or permission related to the conversion of an existing
tennis court or other playing courts on residential property to a
pickleball court shall be processed or approved.
If any section, sentence, clause of phrase of this chapter is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this chapter.
A party aggrieved by the provisions of this chapter may file
an application for relief or exemption from the moratorium with the
Village of East Hampton Board of Trustees. The Board shall act upon
an application for an exemption from this chapter in conformance with
the procedural requirements and standards of the New York State Home
Rule Law, the Village of East Hampton Zoning Code[1] and the Village Law of the State of New York.
This six-month moratorium, unless otherwise extended by the
Village Board, shall expire upon (a) the enactment of a local law
regulating the conversion of tennis courts and other playing courts
on residential property to pickleball courts and conversely the conversion
of pickleball courts on residential property to tennis courts or other
playing courts; (b) the Village of East Hampton's adoption of
a resolution expressing said Board's determination that the future
regulation of such would not be appropriate; and (c) the lapse of
six months from the effective date of this chapter, whichever shall
first occur.
This chapter shall take effect immediately after filing with
the Secretary of State.
