Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[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.]

§ 50-1 Title and purpose.

[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.

§ 50-2 Definitions.

As used in this local law, the following terms shall have the meanings indicated:
DEPARTMENT
The Town of East Hampton Department of Planning which shall perform a major function of town government.
DIRECTOR
The Director of the Department of Planning, chief executive officer of the Department.

§ 50-3 Administration.

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.

§ 50-4 Powers and duties.

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:
(1) 
Proposed changes in either the Comprehensive Plan or in zoning districts.
(2) 
Land use and other studies necessary to provide for the orderly growth of the town.
(3) 
Recommendations concerning the long-range planning objectives of the town.
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.
(6) 
Identify and demarcate protected natural features, areas, and systems in need of special protection pursuant to Article IV of Chapter 255 of the Town Code.
(7) 
Review applications for and issue administrative natural resources special permits pursuant to Article IV and Article VIII of Chapter 255 of this Code.
(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]

§ 50-5 Private consultants.

The Director shall supervise and coordinate all private engineers, architects and other consultants as requested by the Town Board and the Planning Board.

§ 50-6 Severability.

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.