Town of East Hampton, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The provisions of this article are designed to assure that the design and layout of particular land uses on a lot, whether such use is a permitted, special permit or accessory use, will be such as to ensure the public safety and convenience, will be compatible with certain man-made and natural features on and off the lot and will, in all cases, comply with the letter and spirit of those provisions of this Code which pertain to such design or layout and of those provisions pertaining to the use itself.
A. 
Authorization. The Planning Board is hereby authorized to review and approve site plans for the activities and land uses listed herein. No person shall undertake or carry out any such activity or use, including any grading, clearing or tree removal associated therewith, without first having obtained site plan approval therefor, pursuant to the provisions of this article.
B. 
Building permits. No building permit required for any such activity or use, including clearing or regrading of land or the erection, construction, alteration, demolition or moving of any structure, shall be issued until the required site plan approval shall have been granted and the conditions of the approved site plan thereafter certified as having been met by the Planning Board Chairman. Such certification shall occur only after all those conditions contained in the resolution of approval or imprinted on the site plan by or on behalf of the Planning Board, which are required to be complied with by the applicant before issuance of a building permit, have been met. In the alternative, the Planning Board may agree to, and the Town Board may by resolution accept, a secured undertaking meeting the requirements of Article XI regarding the same.
[Amended 4-2-1993 by L.L. No. 5-1993]
C. 
Certificates of occupancy. No certificate of occupancy shall be issued until all requirements and conditions of the site plan approval have been implemented and an as-built survey, including thereon the location of all buildings, structures and curb cuts, has been submitted to the Building Inspector.
[Added 12-2-1994 by L.L. No. 14-1994; amended 11-5-1999 by L.L. No. 28-1999]
Where the installation of one or more hydrants, fire cisterns or fire wells or other fire protection device or system is an element, requirement or condition of site plan approval, said fire protection shall be installed and the installation shall be approved in writing by the Fire Department or district having jurisdiction before construction commences on any building or structure which is part of the site plan. The building permit which authorizes construction of the site plan improvements shall so specify. This restriction shall not apply to structures (other than buildings) which clearly do not require fire protection, such as driveways, sidewalks, parking lots and sewage disposal and stormwater drainage devices.
[Amended 4-4-1986 by L.L. No. 2-1986; 10-16-1987 by L.L. No. 16-1987; 4-21-1989 by L.L. No. 2-1989; 4-20-1990 by L.L. No. 9-1990; 3-15-1991 by L.L. No. 4-1991; 9-17-1993 by L.L. No. 28-1993; 11-15-1996 by L.L. No. 19-1996]
The following shall be subject to site plan review and require site plan approval by the Planning Board:
A. 
Single-family residence districts.
(1) 
Any use of land requiring a special permit, as well as the erection, construction, moving or enlargement of a building or structure used by a special permit use. Site plan review and approval shall not be required, however, in the case of a use for which the only special permit needed is a natural resources special permit.
(2) 
[1]Any clearing or grading of a lot or land sufficient in size to require a building permit under § 255-1-30 of this chapter, unless said clearing or grading is a necessary and integral part of another activity, such as most single-family residence construction, for which a building permit has been issued, and which does not itself require site plan approval.
[Added 7-1-2005 by L.L. No. 21-2005]
[1]
Editor's Note: Former Subsection A(2), regarding the clearing or grading of a lot or land, was repealed 6-8-2004 by L.L. No. 15-2004.
(3) 
The creation of any multiple-residence development approved pursuant to Chapter 193, Open Space Preservation of this Code and the erection, construction, moving or enlargement of any building or structure related thereto.
(4) 
With respect to any nonconforming commercial use, any activity, change or use requiring a building permit, a special permit or a variance hereunder, provided that all other needed prior approvals for the activity have first been obtained. This provision shall not be deemed to include nonconforming structures on lots containing a conforming use.
(5) 
The erection or construction of any agricultural building or temporary greenhouse which has a gross floor area greater than 200 square feet, and the erection or construction of any addition to an agricultural building or temporary greenhouse which increases the gross floor area of that building or greenhouse to an amount more than 200 square feet greater than the building's or greenhouse's gross floor area on the date this provision was enacted, plus any structures whose erection, construction or installation is integrally related to the foregoing buildings, greenhouses or additions (e.g., driveways, parking areas).
(6) 
On a parcel having a lot area of 10 acres or more and located wholly or partly within the Agricultural Overlay District, the erection, construction or enlargement of any single-family residence not completed and in existence as of February 1, 1999, or any building or structure accessory thereto, and the moving of any single-family residence whatsoever.
[Added 1-8-1999 by L.L. No. 1-1999]
(7) 
The construction or expansion of any parking area, driveway, or curb cut or the resurfacing of any existing parking area, driveway or curb cut that includes a change from one surface material to another surface material, servicing a commercial property.
[Added 9-21-2006 by L.L. No. 23-2006]
B. 
All other districts:
(1) 
Any activity or land use which requires a building permit hereunder for the erection, construction, moving or enlargement of a building or structure.
(2) 
Any change from one category of permitted or special permit use listed in the Use Tables of § 255-11-10 to another listed category of permitted use, if such change in use increases site parking requirements or requires approval of the wastewater disposal system by the Suffolk County Department of Health Services.
(3) 
Any use of land requiring a special permit, except a use for which the only special permit needed is a natural resources special permit.
(4) 
Any other activity or land use which increases the occupancy limits of a building or increases site parking requirements.
(5) 
Any conversion as defined in § 255-1-20 hereof.
(6) 
All clearing and grading.
(7) 
The construction or expansion of any parking area, driveway, or curb cut or the resurfacing of any existing parking area, driveway or curb cut that includes a change from one surface material to another surface material, servicing a commercial property.[2]
[Added 9-21-2006 by L.L. No. 23-2006]
[2]
Editor’s Note: Former Subsection B(8), concerning a comprehensive lighting plan, added 10-6-2006 by L.L. No. 27-2006, which immediately followed this subsection, was repealed 7-3-2014 by L.L. No. 21-2014.
C. 
In every district: any activity or use made subject to site plan review as a condition of any permission or approval granted by any local agency.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, regarding emergency repairs, was repealed 12-16-2004 by L.L. No. 37-2004.
E. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E, exempting fuel tanks and other hazardous storage facilities from site plan review, was repealed 12-16-2004 by L.L. No. 37-2004.
F. 
Personal wireless service facilities: All personal wireless service facilities must submit site plans for review, provided that:
[Added 11-1-2002 by L.L. No. 34-2002]
(1) 
Tier one applications must submit an administrative personal wireless service facility permit application as provided for in § 255-6-45.
(2) 
Tier Two and Tier Three applications must submit site plans in accordance with this article.
[Added 12-16-2004 by L.L. No. 37-2004; amended 7-1-2005 by L.L. No. 20-2005; 8-18-2005 by L.L. No. 25-2005; 4-13-2007 by L.L. No. 14-2007]
The following uses and activities shall not require site plan review and approval, to the extent indicated:
A. 
Coastal restoration projects and repair or reconstruction of coastal structures. Coastal restoration projects and the repair or reconstruction of lawfully preexisting coastal structures, where such work is undertaken pursuant to § 255-4-28 hereof.
B. 
Fuel tanks, fuel dispensers, and hazardous materials storage facilities. Site plan review shall not be required for the demolition, removal, or replacement of existing fuel tanks, fuel lines, fuel dispensers, or other hazardous or toxic materials storage facilities where such demolition, removal, or replacement is required by Article 12 of the Suffolk County Sanitary Code, provided that:
(1) 
Approval of such work has been obtained from the Suffolk County Department of Health Services; and
(2) 
An application for a building permit has been reviewed by the Natural Resources Department and/or Planning Department and the Office of Fire Prevention and a building permit has been issued incorporating the recommendations of those agencies pursuant to the provisions of § 255-11-88 hereof.
C. 
Notwithstanding any other language in this section to the contrary, no site plan review shall be required for the conversion of a legally existing playing court to a seasonal tier one ice rink. A building permit must be obtained in all cases.
A. 
Initial procedure. An application for site plan approval shall be made on the form for the same provided by the Building Inspector. Ten copies of the application, a current survey prepared by a licensed surveyor, the site plan (if separate from the survey), building plans and elevations (if appropriate) and any other submission or exhibit required by this article shall be submitted, together with the appropriate fee, to the Building Inspector, who shall review the same for prima facie completeness, conformity with the New York State Uniform Fire Prevention and Building Code and for conformity with this chapter. The site plan shall be drawn to the following minimum scales:
[Amended 8-16-1985 by L.L. No. 8-1985]
(1) 
Overall development plan, sites of two acres or more: one inch equals 40 feet.
(2) 
Overall development plan, sites of less than two acres: one inch equals 20 feet.
(3) 
Detailed portions of a site plan, sites of any size: one inch equals 20 feet.
The Building Inspector shall reject any application if it is not so complete or in conformance and shall notify the applicant as to the reason for such rejection.
B. 
Further processing. If the application is satisfactory, the applicant, the Building Inspector and the Planning Board shall then follow the procedures in Article IX hereof regarding the processing of applications. Any application for site plan review may be accompanied by one or more applications for other local agency permissions or approvals which this chapter requires for the activity or use for which site plan approval is being sought.
C. 
Preapplication conference. Applicants may meet with a Planning Department member or the Communication Services Manager prior to submitting an application for a personal wireless service facility. The purpose of the preapplication conference shall be to:
[Added 11-1-2002 by L.L. No. 34-2002; amended 12-5-2003 by L.L. No. 40-2003]
(1) 
Discuss the location of the proposed facility, as well as its scale and design.
(2) 
Discuss the application procedures described in this section.
[Added 11-1-2002 by L.L. No. 34-2002]
A. 
The Planning Department shall review Tier One applications for an administrative personal wireless service facility permit.
(1) 
The Planning Department of the Town of East Hampton shall have the power to process and review applications for Tier One personal wireless service facility permits and to approve, conditionally approve, modify and approve or deny such permits.
(2) 
Jurisdiction; nature of permit. Except as provided for herein, the Planning Department shall exercise sole jurisdiction over Tier One personal wireless service facility permits and the review of applications received by the Town for the same. Such authority shall be exercised by the Department for and on behalf of the Planning Board and, except as otherwise specified herein, the determinations of the Planning Department with regard to Tier One personal wireless service facility permits, which it processes and decides under this section, shall have the same force and effect as if such applications had been reviewed and acted upon by the Planning Board. Grant of any such Tier One personal wireless service facility permit shall constitute an action as defined in the Environmental Conservation Law and in the regulations promulgated by the State Department of Environmental Conservation under that law.
(3) 
Informal procedures. Unless specifically provided otherwise herein, review of applications for Tier One personal wireless service facility permits conducted by the Planning Department shall not include or involve the holding of formal public hearings, the taking of sworn or unsworn testimony, the making of transcripts or the keeping of minutes or other formal records of proceedings. The issuance or conditional issuance of a Tier One personal wireless service facility permit authorized herein by the Department shall not require the making of formal findings or determinations by the Department or by any other Town department or agency, except as may be required by the Environmental Conservation Law or Chapter 75 of the Town Code.
(4) 
Initial staff review. The Planning Department shall review every application forwarded to the Department by the Building Inspector for completeness. Within 10 days after receipt of the application by the Town, the Planning Department shall issue a notice of complete application as specified below or a request to the applicant for additional information.
(5) 
Complete application; comment period. Once an application is deemed complete, the Planning Department shall send a notice of complete application to the Planning Board, the official newspaper and the applicant. If one or more official Town forms have been designed for these purposes, such forms shall be employed. Notice sent by the Department to the official newspaper shall be in a form ready to be published, shall state that the application is one which may result in the issuance of a permit by the Department without a public hearing being held thereon, and shall inform the public that comments on the application or requests that a public hearing be held must be received by the Town within 20 days after the date of publication in the official newspaper (the notice date). Notice sent by the Department to the applicant must inform the applicant of his responsibilities to post the property and to mail copies of the notice of application or other similar approved form to all neighboring property owners as detailed in § 255-9-23 hereof. Notices sent by the Department to the applicant for forwarding to neighbors shall inform such persons that comments on the application or requests that a public hearing be held thereon must be received by the Town within 20 days of the notice date.
(6) 
Further staff review. The Department shall collect and compile all information necessary to an informed and thorough review of the application, shall conduct a site inspection and shall formulate its analysis and recommendations regarding proper disposition of the application, including appropriate mitigation measures in the event a permit should issue. At the end of the comment period provided for in Subsection F, the Planning Department shall make a decision either to issue a Tier One personal wireless service facility permit or to refer the matter to the Planning Board for public hearing and decision because one or more of the conditions listed in Subsection A(9) below are determined to exist. If for any such reason it is determined that a particular application cannot be further processed administratively by the Planning Department, the Planning Board shall be so informed by the Department and the Board shall schedule the application at the earliest practicable time for work session review and shall process the application as a Tier Two or Tier Three proposal.
(7) 
Final administrative processing. If all conditions listed in Subsection A(9) below are found not to exist, a draft Tier One personal wireless service facility permit may be prepared by the Department. This permit shall be mailed by the Planning Department with a cover letter informing the applicant that, unless he submits to the Planning Department within 10 days a written request for modification of the draft permit or an objection to one or more conditions of the draft permit, the final permit will issue as originally drafted. Any objection or modification request so submitted shall be considered by the Planning Department, which may elect to modify the final permit accordingly. If such a modification is made, the final permit issued by the Planning Department shall reflect the modification; otherwise, it shall be identical to the originally issued draft.
(8) 
Appeals; hearing de novo. An applicant may appeal the denial of a Tier One personal wireless service facility permit by the Planning Department or the imposition in any permit issued by the Department of one or more particular conditions. Any such appeal shall be deemed, procedurally and for all other purposes, an entirely new application to the Planning Board for a Tier One or Tier Two personal wireless service facility permit, and the Planning Board shall hear and decide the matter on that basis. The Board may make use of documents and materials already submitted by the applicant or produced by the Planning Department. No new fee shall be charged an applicant for the further processing of the application.
(9) 
Exceptions. The following applications for Tier One personal wireless service facility permits shall be processed and heard by the Planning Board as Tier Two or Tier Three applications and shall not be eligible for administrative review and approval by the Planning Department:
(a) 
Applications requiring the grant of one or more variances.
(b) 
Applications for which the Planning Department recommends preparation of a draft environmental impact statement.
(c) 
Applications for which the Planning Department recommends purchase by the Town of all or part of the property involved.
(d) 
Applications which the Town Planning Director or any member of the Planning Board requests be heard and determined by the Planning Board, provided that such request shall have been made in writing to the Planning Board prior to issuance of the final Tier One personal wireless service facility permit by the Planning Department.
(e) 
Applications as to which there is substantial public controversy. Substantial public controversy shall be deemed to exist in any case where the Town has timely received from one or more persons a clearly articulated, factually based allegation in writing that the subject application does not meet the requirements of § 255-2-80A for classification as a Tier One application or that the issuance of the requested Tier One personal wireless service facility permit would cause the loss, diminishment or despoliation of a natural feature designated in § 255-4-15 of this chapter.
B. 
The Planning Board shall review Tier Two applications as minor site plans pursuant to § 255-6-45.
C. 
The Planning Board shall review Tier Three applications for site plans under its normal site plan review procedures.
[Amended 10-16-1987 by L.L. No. 16-1987; 11-15-1996 by L.L. No. 19-1996; 11-1-2002 by L.L. No. 34-2002]
Notwithstanding the provisions of § 255-6-40 hereof, the Planning Board may waive the holding of a public hearing on a site plan application which is classified as a Tier Two personal wireless service facility application or which meets each and every one of the following conditions:
A. 
Conformance to chapter. The proposed structure does not require a variance from any provision of this chapter.
B. 
Health Department approval. The proposed structure does not require approval of the Suffolk County Department of Health Services.
C. 
Area and habitability. The proposed structure is not habitable and covers no more than 500 square feet in area.
D. 
Parking. No additional parking is required under this chapter.
E. 
Planning considerations. The proposed structure will not create a visual detriment to surrounding properties or to the general public and will not cause drainage problems, impede traffic circulation or interfere with the proper overall planning of the site.
F. 
Public controversy. The application has caused no significant public controversy.
[Added 10-16-1987 by L.L. No. 16-1987; amended 11-15-1996 by L.L. No. 19-1996]
The purpose of preliminary site plan review is to enable the applicant to examine a forthcoming site plan submission with the Planing Board prior to the applicant committing substantial effort or expense toward the plans and details necessary for a formal site plan application. The submittal of a preliminary site plan application is discretionary with the applicant. Any such application shall include the following:
A. 
Six copies of a site plan meeting the requirements of § 255-6-50 hereof, except that final drainage solutions, details of sewerage disposal systems and landscaping details need not be provided.
B. 
(Reserved)
[Amended 8-16-1985 by L.L. No. 8-1985]
A site plan for which approval is sought shall be dated and shall include at least the following elements (unless one or more is waived by the Planning Board for good cause shown) to be considered complete:
A. 
Property lines, showing directional bearings and distances, adjacent land ownership and streets, location with reference to identifiable street intersection, directional arrow and scale and zoning district in which located.
B. 
Existing and proposed buildings, structures and uses and proposed additions thereto, including finished floor elevation and ground elevation at such building, structure and use locations.
C. 
Lot area and floor area for each floor of all existing and proposed buildings, structures and uses.
D. 
Dimensions of property line setbacks to and dimensions between each building, structure and use.
E. 
Location of all easements on, over and adjacent to the site, including the location of all existing and proposed utility lines, hydrants, fire cisterns and fire wells. For the purpose of proposing and locating hydrants, fire cisterns and fire wells, a copy of the recommendations of the Fire Department or fire district, solicited pursuant to the referrals required by § 255-6-72 hereof, shall be included.
[Amended 12-2-1994 by L.L. No. 14-1994]
F. 
Layout of existing and proposed parking and loading areas, including dimensional spaces, aisles and street approaches, the general circulation pattern with directional movement shown, existing and proposed curb cuts, traffic safety devices, sidewalks, curbing, paving, drainage structures and their respective specifications. Methods used for computing parking and drainage requirements shall be included.
G. 
Existing lighting and proposed location of signs, fences, screen plantings and exterior lighting. As to lighting, such information shall be provided as required by the Town of East Hampton Planning Board Guidelines for Lighting as adopted by the Planning Board.
[Amended 10-6-2006 by L.L. No. 27-2006]
H. 
A comprehensive lighting plan shall be reviewed and approved on any nonresidential site plan application that proposes alterations to an existing site which exceed 25% of the gross floor area of the existing buildings, any modification to on-site parking or a change of use that triggers site plan review.
[Added 7-3-2014 by L.L. No. 21-2014]
I. 
Existing and proposed sewerage disposal systems.
J. 
Existing topography of the site and immediately adjacent property, as revealed by contours or key elevations as may be required by the Planning Board, and any proposed regrading of the site. The datum shall be in accordance with United States Coast and Geodetic Survey.
K. 
Natural features, such as water bodies, drainage courses, fresh and salt marshes, coastal dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitat and overlook areas.
L. 
Cultural features, such as paleontological and archaeological remains, old trails, historic buildings and sites and agricultural fields.
M. 
Techniques by which features found in Subsections J and K above may be preserved on the site and the Town's natural resources policies implemented.
N. 
Elevations of buildings and structures shall be at a scale sufficient to show:
(1) 
Design character of buildings and structures.
(2) 
Materials contemplated for use on buildings and structures.
(3) 
Heights of buildings and structures.
(4) 
Roofs and overhangs.
(5) 
Special design features.
(6) 
Details of bulkhead and dock construction.
O. 
The location and metes and bounds of existing scenic, agricultural, and conservation easements and purchases of development rights agreements in, upon, or adjacent to the premises as to which the Town of East Hampton, a conservation organization or a homeowners' association is a grantee or a party.
[Added 6-20-2019 by L.L. No. 28-2019]
[Added 11-1-2002 by L.L. No. 34-2002; amended 12-5-2003 by L.L. No. 40-2003]
Tier One applicants shall be required to submit and complete the Town of East Hampton application marked "Tier One Only." Tier Two and Tier Three site plan applications shall have the following necessary elements:
A. 
Location information.
(1) 
Identify the subject property by including the name of the nearest road or roads, and street address, if any.
(2) 
Tax parcel number of subject property.
(3) 
Zoning district designation for the subject parcel and for all parcels within 1,000 feet of the property lines of the subject parcel.
(4) 
A line map to scale showing the subject property and all properties within 1,000 feet and the location of all buildings, including accessory structures, on all properties shown.
(5) 
A Town-wide map showing the other existing personal wireless service facilities in the Town and outside the Town within one mile of its corporate limits.
(6) 
The specific locations for this carrier of all existing and future personal wireless service facilities in the Town on a Town-wide map.
B. 
Siting information.
(1) 
A one-inch-equals-forty-feet vicinity plan showing the following:
(a) 
Property lines for the subject property.
(b) 
Property lines of all properties adjacent to the subject property.
(c) 
Tree over on the subject property and all properties adjacent to the subject property, by specie and average height, as measured by or available from a verifiable source.
(d) 
Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property.
(e) 
Proposed location of antenna, mount and equipment shelter(s).
(f) 
Location of all roads, public and private, on the subject property and on all properties adjacent to the subject property, including driveways proposed to serve the personal wireless service facility.
(g) 
Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.
(h) 
Contours at each foot AMSL (above mean sea level)
(i) 
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "sight lines" subsection below.
(2) 
Sight lines and photographs as described below:
(a) 
Sight line representation. A sight line representation shall be drawn from the closest facade of each residential building (viewpoint) included on the vicinity plan to the highest point (visible point) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building on the vicinity plan, there shall be at least two sight lines from the closest habitable structures, if any.
(b) 
Existing ("before" condition) photographs. Each sight line shall be illustrated by one four-inch-by-six-inch color photograph of what can currently be seen from the residential building.
(c) 
Proposed ("after" condition). Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from residential buildings if the proposed personal wireless service facility is built.
(3) 
A one-inch-equals-twenty-feet site plan showing the following:
(a) 
The entire subject property, including property lines and roads (public and private) adjacent to the subject property.
(b) 
All existing buildings, including accessory structures.
(c) 
All existing vegetation, by mass or individually by diameter (four feet from the ground) of each stand-alone tree or shrub. Tree masses or individual stand-alone trees shall be identified by specie(s).
(d) 
Proposed security barrier, indicating type and extent as well as point of controlled entry.
(e) 
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
(f) 
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
(4) 
Siting elevations, or views at-grade from the north, south, east and west for a fifty-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter-inch-equals-one-foot or one-eighth-inch-equals-one-foot scale and show the following:
(a) 
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
(b) 
Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
(c) 
Any and all structures on the subject property.
(d) 
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
(e) 
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL.
C. 
Design information.
(1) 
Equipment brochures for the proposed personal wireless service facility such as manufacturer's specifications or trade journal reprints. These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(2) 
Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(3) 
Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(4) 
Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(5) 
Appearance shown by at least two photographic superimpostions of the personal wireless service facility within the subject property. The photographic superimpostions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.
(6) 
Landscape plan, including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
D. 
Lighting and security.
(1) 
Lighting. A personal wireless service facility shall not be artificially lighted, except for:
(a) 
Security and safety lighting of equipment buildings if such lighting is appropriately down-shielded to keep light within the boundaries of the site; and
(b) 
Such lighting of the personal wireless service facility as may be required by the Federal Communications Commission, Federal Aviation Administration (FAA) or other applicable authority installed in a manner to minimize impacts on adjacent residences. Only red lighting shall be utilized unless otherwise recommended by FAA guidelines.
(2) 
Security barriers. A security barrier shall be required around the perimeter of mounts(s) or equipment structure, and any anchor points. In the case of a roof-mounted personal wireless service facility, the security barrier need only be around the antenna. The security barrier shall be maintained by the operator of the personal wireless service facility or mount for the life of the installation. No security barrier is needed around side-mounted personal wireless service facilities, but distances from windows and balconies should conform to § 255-6-514D(3)(b) below.
(3) 
Security barriers for certain populations. The security barriers around all personal wireless service facilities shall be reviewed by the Planning Board and found to be acceptable for:
(a) 
Controlled population: those persons who are trained in procedures for working near or around radio frequency radiation.
(b) 
General population: all other persons, some of whom have no concept of what radio frequency radiation is or how it can cause harm. Members of the general population should not be allowed nearer than 10 meters to the nearest part of an antenna.
E. 
Signs/identification plaques. No signage shall be permitted on any personal wireless service facility other than that required for public safety purposes or by the FCC or FAA, except that each personal wireless service facility shall have a weatherproof plaque mounted at eye level identifying the carrier, frequency and date of permit approval.
F. 
Screening and landscaping.
(1) 
Natural vegetation. Existing natural vegetation shall be undisturbed to the greatest extent practicable.
(2) 
Landscaping. Landscaping of disturbed areas of the personal wireless service facility site and security barriers shall be required as follows:
(a) 
At least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary; and
(b) 
At least one row of evergreen trees or shrubs, at least four feet in height when planted and spaced not more than 15 feet apart, located interior to the perimeter of the shrubs required in § 255-6-51H(1) above; and
(c) 
For ground mounts greater than 200 feet tall, at least one row of deciduous trees, not less than 1 1/2 inches diameter measured three feet above grade, and spaced not more than 20 feet apart, and located within the perimeter of the evergreen trees or shrubs required in § 255-6-51H(2) above.
(d) 
All security barriers for guy-wire anchor points shall be screened from view by at least one row of evergreen shrubs spaced not more than five feet apart and capable of forming a continuous hedge at least five feet in height within two years of planting.
(e) 
Existing vegetation, topography, walls and fences combined with shrubs, or other features may be substituted for the required buffers if the Planning Board finds they:
[1] 
Achieve the same degree of screening as the required buffer; or
[2] 
Affect the stability, security, or maintenance of guy wires.
(f) 
Landscaping materials shall consist of xeric or drought-resistant native species and shall be maintained by the operator of the personal wireless service facility for the life of the installation.
G. 
Access and parking.
(1) 
Parking. Areas sufficient for the temporary off-street parking of at least two vehicles shall be provided for mounts. The type and configuration of parking may be approved by the Planning Board.
(2) 
Private access. A copy shall be provided to the Town of East Hampton Building Inspector of any road maintenance agreement for any site accessed by private easement.
[Added 11-1-2002 by L.L. No. 34-2002; amended 12-5-2003 by L.L. No. 40-2003]
The Town of East Hampton shall require site plan review and approval of all modifications to Tier Two and Tier Three personal wireless service facilities. Tier One modifications shall require a new personal service facility administrative permit.
A. 
Types of modification. A modification of a personal wireless service facility is any of the following:
(1) 
Change of ownership of the personal wireless service facility or of the subject property.
(2) 
Change in technology used for the personal wireless service facility, such as an "overlay."
(3) 
Addition or replacement of any equipment in the personal wireless service facility, excluding direct, like-for-like substitutions.
(4) 
Change in design of the personal wireless service facility.
(5) 
Addition to any personal wireless service facility for the purposes of co-location, as long as such co-location was previously approved though not installed.
(6) 
Addition of a new carrier, licensee of the FCC or any other service sharing the network of the existing carrier regardless of the extent of physical changes or improvements in the modification.
B. 
Applications for modification. Applicants for modifications shall submit an application to the Town for a modified Tier Two or Tier Three personal wireless service facility. The application shall include all materials required in § 255-6-51 that would change due to the modification. Tier One modifications shall provide all materials indicated on the Town of East Hampton form labeled "Tier One Only."
In reviewing a site plan submitted to it under this article, the Planning Board may call upon expert advice in varied disciplines to assist it in making the determination required of it. It shall seek to further the overall purposes and goals of this chapter, and of other applicable provisions of the Town Code and state law. More particularly, it shall make certain that any development plan it approves hereunder conforms to the following:
A. 
Physical compatibility. The rural, open space environment of the Town shall be fostered by preserving, wherever possible, large trees, scenic vistas and other natural features of the site. Extensive clearing and grading shall be avoided. Screening with trees or other plantings may be required for parking and other disturbed areas which are created. Where necessary or appropriate, a landscaping plan demonstrating that suitable vegetation will be planted and nurtured may be required by the Planning Board. Such plan, when submitted by the applicant and approved by the Board, shall become a part of the approved site plan.
[Amended 9-17-1993 by L.L. No. 28-1993]
B. 
Protection of residential areas. When the site is located adjacent to residences or a residence district, appropriate buffer landscaping, natural screening and fencing are to be provided in order to protect neighborhood tranquillity, community character and property values.
C. 
Parking. Parking areas and driveways shall be sufficiently drained so as to prevent ponding. All drainage structures, paving, access driveways and parking areas shall be laid out and constructed in accordance with the standards for such facilities contained in this chapter or Chapter 220, Subdivision of Land, of this Code. Whenever feasible, parking areas shall be placed at the rear of buildings and/or screened by plantings so as not to be visible from the highway.
D. 
Access. Vehicular ingress and egress, interior traffic circulation, parking space arrangement, loading facilities and pedestrian walkways shall be planned and built so as to promote safety and efficiency.
E. 
Lights. Lighting facilities and lighted signs shall be placed and shielded in such a manner as not to cause direct light to shine on other properties and shall not be permitted to create a hazard upon a public street.
F. 
Water supply; fire protection; waste disposal. Provisions for water supply, for fire protection and for sewage, garbage and other waste disposal are adequate to the use, will ensure the health and safety of persons on and off the site and will not result in the avoidable depletion or degradation of the groundwater supply or harm to surface water bodies, watercourses, wetlands or other natural features or systems.
[Amended 12-2-1994 by L.L. No. 14-1994]
G. 
The Planning Board shall seek to protect public views across farm fields and shall insure that proposed site plans comply with any applicable existing agricultural, scenic, and conservation easements, and purchase of development rights agreements, to which the Town of East Hampton, a conservation organization or a homeowners' association is a grantee or a party and, in addition, that any such instruments filed upon adjoining properties are not unduly impaired by the proposed site plan.
[Added 1-8-1999 by L.L. No. 1-1999; amended 6-20-2019 by L.L. No. 28-2019]
H. 
Streetscape. In order to maintain the unique character of the Town's hamlets, villages and countryside, commercial development along Montauk Highway and all other roads shall maintain, where appropriate, the green spaces along a hamlet's main arteries. The Planning Board shall ensure that new and reconstructed buildings in Central Business (CB) Districts shall be sited in a manner that protects the established character of the district.
[Added 7-16-2015 by L.L. No. 26-2015]
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
Exterior lighting which is improperly designed, insufficiently shielded or unnecessarily intense can have a detrimental effect on many of the qualities which the Town seeks to foster and protect. Therefore, in reviewing site plans the Planning Board shall consider the impacts of any proposed exterior lighting on public safety, adjacent property (especially residential property), the natural environment and the general appearance of the Town. To this end, the following specific standards and requirements of this section should be the goal of Planning Board lighting review. The Planning Board shall have the power to vary or modify any standards or requirements, where appropriate, provided that the Board finds that doing so will not negate the purposes of this section.
A. 
Location of light fixtures. All exterior light fixtures shall be located so as to minimize or avoid glare and the adverse effects of exterior lighting on nearby properties, especially residential property.
B. 
Mounting height. Light fixtures shall be mounted at the lowest practical height, taking into account the area to be illuminated and the relationship between the mounting height and the number of fixtures required to illuminate that area. The following additional standards shall govern the mounting height of fixtures:
(1) 
The goal should be a mounting height no greater than 12 feet above natural grade unless a greater mounting height is required by the nature of the use or the size of the structure (e.g., boat storage buildings, multiple dwelling units and commercial garages).
(2) 
(Reserved)
C. 
Type of lamp. The following types of lamps shall not be permitted:
(1) 
Mercury vapor;
(2) 
Neon, unless legally preexisting;
(3) 
Laser; and
(4) 
Any light source with a color temperature greater than 3000 Kelvin (K).
D. 
Shielding of light source. Full cutoff light fixtures shall be used for all light sources.
[Added 1-15-1996 by L.L. No. 19-1996]
Pursuant to Table IV[1] of § 255-11-10 hereof, the Planning Board shall have power during site plan review to reduce the yard setbacks which would otherwise apply to accessory buildings and structures in business or commercial-industrial use districts. In making a determination to approve such reduced yard setbacks, the Planning Board shall find that doing so serves the interests of good planning. The Board shall consider in this regard:
A. 
Size and shape of lot: the size and configuration of the lot on which the structures are proposed.
B. 
Residential property: the proximity of the structures to residential property and the effect which the proposed structures might have on an existing or future residential use of that land.
C. 
Coordinated development: the potential for coordinating development with adjacent property and the extent to which lessening the accessory structure setbacks might aid such coordination.
D. 
Buffering and screening: the degree to which buffering or screening is necessary or can be provided for the structures.
[1]
Editor's Note: The Business and Commercial-Industrial Districts -- Table of Dimensional Regulations is included at the end of this chapter.
As an integral part of the site plan review process, various elements of the site plan being reviewed by the Planning Board must be reviewed by other local agencies having jurisdiction. The purpose of these sections is to coordinate such multiple review, in order to speed the review process and avoid duplication, while ensuring the public safety and welfare are adequately served.
As provided for herein, site plans submitted to the Planning Board by the Building Inspector shall also be submitted by him to the following agencies:
A. 
Fire Prevention Inspector.
(1) 
When the Building Inspector forwards a site plan approval application involving the erection, construction, reconstruction, alteration, remodeling or moving of any building, or involving the change in use or conversion of any building, to the Planning Board for review, he shall at the same time forward one copy of the site plan and one copy of the building plans submitted therewith to the Town Fire Prevention Inspector for his review.
(2) 
The Fire Prevention Inspector shall review the plans forwarded to him for conformance with NFPA Standard 1231-1984 (Standard on Water Supplies for Suburban and Rural Fire Fighting), as amended. Where required by the Inspector to do so, the applicant shall provide complete plans and drawings for any proposed structure or any proposed alteration therein, including all measurements, intended occupancy and contents.
(3) 
The Inspector shall perform a survey of all structures to be contained on the proposed site to obtain information needed to compute the total water supply required. After completing the survey, he shall compute the total water supply, in gallons, needed for the structure or area as per NFPA 1231-1984, as amended. He shall then notify in writing both the Planning Board and the Fire Department or district within whose jurisdiction the site plan lies of the results of the survey and the total water supply required. The data transmitted shall include all calculations used to arrive at the total water supply, as well as all plans and other backup data used for the structural site survey.
[Amended 12-2-1994 by L.L. No. 14-1994]
(4) 
The Fire Department and/or district shall review the documents forwarded to it by the Fire Prevention Inspector, and, if they meet with its approval, the documents shall be transmitted to the Planning Board to be incorporated as part of the requirements for site plan approval. The Department and/or district shall also notify the applicant as to all required water supplies and their locations. The Fire Department and/or district and the Town Fire Prevention Inspector shall retain copies of all reports.
(5) 
The Inspector and the Fire Department or district having jurisdiction shall complete and transmit their reports to the Planning Board within 30 days of the Inspector's receipt of the site plan and building plans, or within 30 days of the receipt of any additional information subsequently requested of the applicant by the Inspector pursuant to this section.
[Amended 12-2-1994 by L.L. No. 14-1994]
B. 
Architectural Review Board.
(1) 
For any site plan application over which the Architectural Review Board has jurisdiction pursuant to § 255-7-30A hereof, when the Building Inspector forwards the application to the Planning Board for review, he shall at the same time forward one complete copy of the application, including all surveys, plans, exhibits and other submissions attached thereto, to the Architectural Review Board for its review.
[Amended 10-19-1999 by L.L. No. 26-1999]
(2) 
The Architectural Review Board shall review the application and plans according to the provisions of Article VII of this chapter and shall then make a determination recommending to the Planning Board that the application be approved, approved with modifications or disapproved.
[Amended 8-16-1985 by L.L. No. 8-1985]
(3) 
The Architectural Review Board shall transmit a written copy of any recommendation which it makes under Subsection B(2) hereof to the Planning Board within 30 days of its receipt of a copy of the site plan application, or within 30 days of its receipt of any additional information which the Review Board requests of the applicant pursuant to Articles VII and IX hereof, or no later than five days before the date of any public hearing scheduled by the Planning Board on the application, whichever shall be latest. However, in the event that the Architectural Review Board elects to hold a public hearing on the application, as permitted under § 255-9-23B of this chapter, it shall not be required to make or forward to the Planning Board a recommendation regarding the application.
[Amended 11-15-1996 by L.L. No. 19-1996; 10-19-1999 by L.L. No. 26-1999]
(4) 
In any application in which the Architectural Review Board shall have held a public hearing, the Board shall render a final determination on the application within the time period specified in § 255-9-24 hereof. In every other case, the Review Board shall render a written determination on an application within 62 days after its receipt of a complete application, which complete application shall include a copy of the Planning Board's determination on the site plan.
[Added 11-15-1996 by L.L. No. 19-1996][1]
[1]
Editor's Note: Former Subsection B(5), regarding postponement of submission of final building plans, as amended, and Subsection B(6), regarding subsequent independent application for approval, as amended, which immediately followed this subsection, were repealed 1-19-2012 by L.L. No. 2-2012.
C. 
Effect of negative determination. In the event that any local agency to whom all or part of a site plan application is referred pursuant to this section determines to recommend modification and approval or disapproval of the application by the Planning Board and transmits such determination in writing to the Planning Board within the time period allowed hereunder, the site plan application shall not thereafter be approved or approved without incorporating the proposed modification, as the case may be, except by an affirmative vote of a majority plus one of the entire Planning Board membership.
[Amended 8-16-1985 by L.L. No. 8-1985; 11-15-1996 by L.L. No. 19-1996]
D. 
Cooperation between agencies. During the course of review of a site plan approval application by the Planning Board and other local agencies to which all or any part of the application is referred hereunder, said agencies shall, to the extent practicable, communicate with the Town Planning Department, with the applicant and with each other in order to bring about changes in a site plan which will avoid the need of any agency to formally modify and approve or to formally disapprove any such plan.
[Added 4-2-1993 by L.L. No. 5-1993]
A. 
Time for obtaining a building permit. A site plan approval shall be valid for a period of three years from the date on which the Chairman certifies that all conditions of the site plan approval have been met, pursuant to § 255-6-20, Subsection B, hereof. The Planning Board may by resolution extend the approval for additional one-year periods.
[Amended 3-1-2012 by L.L. No. 5-2012]
B. 
Phased site plan approval. Notwithstanding anything to the contrary in Subsection A above, the Planning Board may issue a phased or staged site plan approval in which a building permit may be issued for certain improvements more than three years from the initial date of certification of the approval by the Chairman. A building permit for the final phase or stage of such a project shall, however, be obtained no later than five years from the date of the Board's resolution of approval.
[Amended 3-1-2012 by L.L. No. 5-2012]
C. 
Requirements of phased approval. An application seeking phased approval of a site plan shall specifically so state. The Planning Board shall require that the site plan clearly depict to which phase or state belong each of the improvements proposed by the applicant, and each of the improvements required by the Board or by this chapter, such as parking, stormwater drainage, landscaping and the like. The Board may require that the applicant give a separate secured undertaking, to cover required improvements for each phase of the project, before a building permit is issued for that project phase.
D. 
No phased approvals if variances are needed. No phased site plan approval shall be granted for a project phase which does not comply at the time of approval with one or more requirements of this chapter. No building permit shall be issued for improvements authorized by a phased site plan approval unless the improvements comply with all requirements of this chapter at the time the building permit is sought.
[Amended 4-2-1993 by L.L. No. 5-1993]
A site plan approval granted in accordance with the provisions of this chapter shall authorize only the particular lot layout or configuration depicted on the approved site plan. No other lot layout or configuration shall be permitted to be created or maintained. A continuing use authorized by a site plan approval and undertaken or begun during the period of validity of such approval shall thereafter be deemed lawful, as if the same were permitted by this chapter without the need for site plan review; provided, however, that all conditions imposed as part of site plan approval, unless by their express terms of limited duration, shall continue to apply.
[Amended 11-15-1996 by L.L. No. 19-1996; 9-4-1998 by L.L. No. 30-1998; 3-17-2006 by L.L. No. 7-2006; 7-21-2016 by L.L. No. 32-2016]
It shall be a violation of this chapter subject to the provisions of Article X hereof for any person to do any of the following:
A. 
Failure to obtain site plan approval. To undertake or commence a use or activity for which site plan approval is required by the provisions of this article without having first obtained such approval. A violation of the provisions of this section shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both.
B. 
Failure to adhere to site plan. To alter or make improvements to property which has been the subject of a site plan approval without adhering to or following the approved site plan.
C. 
Violation of conditions of site plan. To violate or fail to comply with a condition or requirement of a site plan approval issued pursuant to this article.
In addition, for a period of three years from the date on which the Planning Board approves a site plan, the Board shall retain jurisdiction and shall have during such period the right to modify, suspend or revoke the site plan approval, in accordance with the standards and procedures for such continuing jurisdiction set forth in § 255-9-25 of this chapter. See also § 255-5-100 hereof.