[Amended 10-6-1995 by L.L. No. 12-1995; 7-1-2005 by L.L. No. 19-2005; 4-13-2007 by L.L. No. 14-2007; 10-19-2015 by L.L. No. 35-2015]
For the purpose of applying additional uniform land use regulations
to specific categories of land sharing certain important characteristics,
there are hereby established the following overlay districts:
A.
Affordable Housing Overlay District (AHO).
B.
Agricultural Overlay District (AGO).
C.
Flood Hazard Overlay District (FHO).
D.
Limited Business Overlay District (LBO).
E.
Water Recharge Overlay District (WRO).
F.
Harbor Protection Overlay District (HPO).
G.
Coastal Erosion Overlay District (CEO).
H.
Recreational Overlay District (ROD).
The boundaries of overlay districts shall be as described in the text of this article, in other official public documents specifically referred to in such text, or as depicted on the Use District Map, being Article XII hereof, or any combination thereof. In interpreting the location of those boundaries which are shown on said Use District Map, the rules set out in § 255-2-20 hereof shall apply.
A lot or land included in any overlay district established hereunder shall continue to be included as well in the use district into which it has been placed pursuant to Article II and Article XII hereof. Except to the extent that one or more regulations of said use district is suspended or overridden by the specific language of an applicable overlay district regulation, all use district regulations affecting the use of the lot or land, and the use of buildings and structures and other activities thereon, shall continue to apply. Where an applicable use district regulation and an applicable overlay district regulation address the same subject matter, and one does not by its terms override or supersede the other, the regulation imposing the greater restriction on the use of the affected building, structure, lot or land shall control.
The purpose of the Affordable Housing Overlay
District is to designate the areas in East Hampton Town which are
the most appropriate locations for the creation, through public and/or
private initiative, of attractive and affordable housing for senior
citizens, young families and other persons of moderate means living
in the Town. At the same time, the standards and safeguards necessary
to assure that such development is compatible with its surroundings
and with the character of the Town, and that such development is available
to and benefits those persons for whom it is designed, can be established.
In this way, it is intended that deserving citizens of the Town will
be significantly assisted in finding adequate, convenient and affordable
places to live, despite continually spiraling real estate values and
housing costs.
The boundaries of the Affordable Housing Overlay
District shall be as shown on the Use District Map. The same may be
amended from time to time by local law.
Notwithstanding any use or dimensional provision of Article XI of this chapter applicable to the use district in which it is located, a lot located wholly within the Affordable Housing Overlay District shall be eligible for use as the site of an affordable housing development, provided that a special permit authorizing the establishment of such affordable housing on the lot shall first have been obtained as provided for in Article V hereof.
The purpose of the Agricultural Overlay District
is to reasonably control and, to the extent possible, prevent the
unnecessary loss of those currently open lands within the Town containing
large and contiguous areas of prime agricultural soils. The economic,
social and aesthetic benefits which can be obtained for all citizens
by limiting loss of such areas are well documented and have inspired
a host of governmental programs designed, with varying degrees of
success, to achieve this result. For its part, the Town is expending
large sums of money to protect existing farm acreage. At the same
time, the Town has an obligation to exercise its authority to reasonably
regulate the subdivision and development of this land to further the
same purposes, while honoring the legitimate interests of farmers
and other farmland owners. The Town of East Hampton Agricultural Land
Study, prepared by the office of the Town Planner in 1981, provides
important criteria for the boundaries of the Agricultural Overlay
District and the regulations to be applied by the Town Board therein.
The boundaries of the Agricultural Overlay District
shall be as shown on the Use District Map. The same may be amended
from time to time by local law.
[Amended 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]
In addition to any other provisions of this
chapter applying to them, all lots, lands, buildings and other structures
in the Agricultural Overlay District shall be subject to the following:
A.
Applicability of Town Open Space Preservation Law. No lot or land wholly or partly in the Agricultural Overlay District shall be subdivided, either by formal subdivision or by waiver, except as provided for in Chapter 193 of this Code. This subsection shall not be construed to limit the applicability of Chapter 193 to any other lot or land outside of the Agricultural Overlay District.
B.
Right to farm. The provisions of Chapter 134, Art. I, of this Code establishing an officially recognized right to farm in East Hampton Town shall be applicable to any agricultural use lawful under this chapter which is being carried out on land within the Agricultural Overlay District, whether or not said use is an activity or use specifically included in Chapter 134, Art. I.
C.
Architectural review in and adjacent to district. On any property wholly or partly in the Agricultural Overlay District or on any property fronting on the boundary line of such district or lying directly across any private or public street or right-of-way which borders such district, the Architectural Review Board shall have jurisdiction over buildings, structures, signs and exteriors as provided in Article VII of this chapter.
D.
Soil conservation. Except as part of a construction
project for which all approvals required to be obtained under this
Code have been granted, no Class I or Class II agricultural soil located
on any lot wholly or partly within the Agricultural Overlay District
shall be removed from such lot.
E.
Residential community facility uses prohibited. With the exception of "park," the residential community facility uses listed in Subsection B of § 255-11-10, Table I, "Use Table for Residential and Related Uses," shall be prohibited on any parcel of land which is located wholly or partly within the Agricultural Overlay District and which has a lot area of 10 acres or more.
[Added 1-8-1999 by L.L. No. 1-1999]
F.
Site plan review. On any parcel of land which is located
wholly or partly within the Agricultural Overlay District and which
has a lot area of 10 acres or more, site plan review shall be required
for 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 for the moving of
any single-family residence whatsoever.
[Added 1-8-1999 by L.L. No. 1-1999]
[Amended 10-16-1987 by L.L. No. 15-1987; 9-15-1989 by L.L. No. 12-1989; 5-15-1998 by L.L. No. 20-1998; 6-14-2001 by L.L. No. 11-2001; 4-13-2007 by L.L. No. 14-2007; 9-8-2009 by L.L. No. 23-2009]
The purpose of this local law[1] is to promote the public health, safety, and general welfare
and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
A.
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards or which result in damaging increases
in erosion or in flood heights or velocities;
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters;
D.
Control filling, grading, dredging and other development which may
increase erosion or flood damages;
E.
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands;
F.
Qualify for and maintain participation in the National Flood Insurance
Program;
G.
Minimize prolonged business interruptions;
H.
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and bridges
located in areas of special flood hazard;
I.
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
J.
Provide that developers are notified that property is in an area
of special flood hazard;
K.
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions;
L.
To protect human life and health;
M.
To minimize expenditure of public money for costly flood control
projects; and
N.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.
[1]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
B.
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard for the Town of East Hampton, Community Number
360794, are identified and defined on the following documents prepared
by the Federal Emergency Management Agency:
(1)
Flood Insurance Rate Map Panel Numbers:
|
36103C0089H,
|
36103C0095H,
|
36103C0105H,
|
36103C0115H,
| |
|
36103C0184H,
|
36103C0192H,
|
36103C0193H,
|
36103C0194H,
| |
|
36103C0205H,
|
36103C0207H,
|
36103C0209H,
|
36103C0210H,
| |
|
36103C0211H,
|
36103C0212H,
|
36103C0213H,
|
36103C0214H,
| |
|
36103C0216H,
|
36103C0217H,
|
36103C0218H,
|
36103C0219H,
| |
|
36103C0226H,
|
36103C0227H,
|
36103C0228H,
|
36103C0229H,
| |
|
36103C0236H,
|
36103C0237H,
|
36103C0238H,
|
36103C0239H,
| |
|
36103C0241H,
|
36103C0242H,
|
36103C0243H,
|
36103C0244H,
| |
|
36103C0254H,
|
36103C0258H,
|
36103C0259H,
|
36103C0261H,
| |
|
36103C0262H,
|
36103C0263H,
|
36103C0264H,
|
36103C0266H,
| |
|
36103C0267H,
|
36103C0278H,
|
36103C0286H,
|
36103C0531H,
| |
|
36103C0532H,
|
36103C0534H,
|
36103C0542H,
|
36103C0551H,
| |
|
36103C0552H,
|
36103C0553H,
|
36103C0554H,
|
36103C0556H,
| |
|
36103C0557H,
|
36103C0558H,
|
36103C0559H,
|
36103C0561H,
| |
|
36103C0576H,
|
36103C0577H,
|
36103C0578H,
|
36103C0581H,
| |
|
36103C0582H,
|
|
whose effective date is September 25, 2009, and any subsequent
revisions to these map panels that do not affect areas under our community's
jurisdiction.
|
(2)
A scientific and engineering report entitled "Flood Insurance
Study, Suffolk County, New York. All Jurisdictions," dated September
25, 2009.
|
The above documents are hereby adopted and declared to be a
part of this local law. The Flood Insurance Study and/or maps are
on file at: 1) the Office of the Town Clerk, 159 Pantigo Road, East
Hampton, NY 11937; 2) the East Hampton Town Building Department, 300
Pantigo Place, Suite 104, East Hampton, NY 11937; and 3) the East
Hampton Town Planning Department, 300 Pantigo Place, Suite 105, East
Hampton, NY 11937.
|
C.
Interpretation and conflict with other laws. This local law[2] includes all revisions to the National Flood Insurance
Program through October 27, 1997 and shall supersede all previous
laws adopted for the purpose of flood damage prevention. In their
interpretation and application, the provisions of this local law shall
be held to be minimum requirements, adopted for the promotion of the
public health, safety, and welfare. Whenever the requirements of this
local law are at variance with the requirements of any other lawfully
adopted rules, regulations, or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.
[2]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
D.
Severability. The invalidity of any section or provision of this
local law shall not invalidate any other section or provision thereof.
E.
Penalties for noncompliance. No structure in an area of special flood
hazard shall hereafter be constructed, located, extended, converted,
or altered and no land shall be excavated or filled without full compliance
with the terms of this local law and any other applicable regulations.[3] Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of East Hampton from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an approved variance under § 255-3-45 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
[3]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
F.
Warning and disclaimer of liability. The degree of flood protection
required by this local law[4] is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This local law does not imply that
land outside the area of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This local
law shall not create liability on the part of the Town of East Hampton,
any officer or employee thereof, or the Federal Emergency Management
Agency for any flood damages that result from reliance on this local
law or any administrative decision lawfully made thereunder.
[4]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
A.
Designation of the local administrator. The Chief Building Inspector
is hereby appointed local administrator to administer and implement
this local law by granting or denying floodplain development permits
in accordance with its provisions.[1]
[1]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
B.
The floodplain development permit.
(1)
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 255-3-42B, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2)
Fees. All applications for a floodplain development permit shall
be accompanied by an application fee, which shall be set from time
to time by resolution of the Town Board. In addition, the applicant
shall be responsible for reimbursing the Town of East Hampton for
any additional costs necessary for review, inspection and approval
of this project. The local administrator may require a deposit of
no more than $500 to cover these additional costs.
C.
Application for a permit. The applicant shall provide the following
information as appropriate. Additional information may be required
on the permit application form.
(1)
The proposed elevation, in relation to mean sea level, of the
lowest floor (including basement or cellar) of any new or substantially
improved structure to be located in Zones A1-A30, AE or AH, or Zone
A if base flood elevation data are available. Upon completion of the
lowest floor, the permittee shall submit to the local administrator
the as-built elevation, certified by a licensed professional engineer
or surveyor.
(2)
The proposed elevation, in relation to mean sea level, of the
bottom of the lowest structural member of the lowest floor (excluding
pilings and columns) of any new or substantially improved structure
to be located in Zones V1-V30 or VE, or Zone V if base flood elevation
data are available. Upon completion of the lowest floor, the permittee
shall submit to the local administrator the as-built elevation, certified
by a licensed professional engineer or surveyor.
(3)
The proposed elevation, in relation to mean sea level, to which
any new or substantially improved nonresidential structure will be
floodproofed. Upon completion of the floodproofed portion of the structure,
the permittee shall submit to the local administrator the as-built
floodproofed elevation, certified by a professional engineer or surveyor.
(4)
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 255-3-44B(3), Utilities.
(5)
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 255-3-44E, Nonresidential structures.
(6)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 255-3-42B, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(7)
A technical analysis, by a licensed professional engineer, if
required by the local administrator, which shows whether proposed
development to be located in an area of special flood hazard may result
in physical damage to any other property.
(8)
In Zone A, when no base flood elevation data are available from
other sources, base flood elevation data shall be provided by the
permit applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either 50 lots or five
acres.
(9)
In Zones V1-V30 and VE, and also Zone V if base flood elevation
are available, designs and specifications, certified by a licensed
professional engineer or architect, for any breakaway walls in a proposed
structure with design strengths in excess of 20 pounds per square
foot.
(10)
In Zones V1-V30 and VE, and also Zone V if base flood elevation
are available, for all new and substantial improvements to structures,
floodplain development permit applications shall be accompanied by
design plans and specifications, prepared in sufficient detail to
enable independent review of the foundation support and connection
components. Said plans and specifications shall be developed or reviewed
by a licensed professional engineer or architect and shall be accompanied
by a statement, bearing the signature of the architect or engineer,
certifying that the design and methods of construction to be used
are in accordance with accepted standards of practice and with all
applicable provisions of this local law.[2]
[2]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
D.
Duties and responsibilities of the local administrator. Duties of
the local administrator shall include, but not be limited to, the
following:
(1)
Permit application review. The local administrator shall conduct
the following permit application review before issuing a floodplain
development permit:
(a)
Review all applications for completeness, particularly with the requirements of Subsection C herein, and for compliance with the provisions and standards of this law;
(b)
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 255-3-44, Construction standards, and, in particular, § 255-3-44A(2) Subdivision proposals;
(c)
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 255-3-44, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application; and
(d)
Determine that all necessary permits have been received from
those governmental agencies from which approval is required by state
or federal law.
(2)
Use of other flood data.
(a)
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 255-3-43C(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law.
(b)
When base flood elevation data are not available, the local
administrator may use flood information from any other authoritative
source, such as historical data, to establish flood elevations within
the areas of special flood hazard, for the purposes of this law.
(3)
Alteration of watercourses.
(a)
Notification to adjacent communities and the New York State
Department of Environmental Conservation prior to permitting any alteration
or relocation of a watercourse, and submittal of evidence of such
notification to the Regional Director, Region II, Federal Emergency
Management Agency.
(b)
Determine that the permit holder has provided for maintenance
within the altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
(4)
Construction stage.
(a)
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by same. For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site.
A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).
(b)
In Zones V1-V30 and VE, and also Zone V if base flood elevation
data are available, upon placement of the lowest floor of a new or
substantially improved structure, the permit holder shall submit to
the local administrator a certificate of elevation, in relation to
mean sea level, of the bottom of the lowest structural member of the
lowest floor (excluding pilings and columns). The certificate shall
be prepared by or under the direct supervision of a licensed land
surveyor or professional engineer and certified by same. For manufactured
homes, the permit holder shall submit the certificate of elevation
upon placement of the structure on the site. An elevation certificate
must also be submitted for a recreational vehicle if it remains on
a site 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
(c)
Any further work undertaken prior to submission and approval
of the certification shall be at the permit holder's risk. The local
administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.
(5)
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
(6)
Stop-work orders.
(a)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 255-3-42E of this local law.[3]
[3]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
(b)
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 255-3-42E of this local law.
(7)
Certificate of occupancy.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 255-3-42B, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued by the local administrator stating that the building or land conforms to the requirements of this local law.
(b)
A certificate of occupancy shall be issued by the local administrator
upon satisfactory completion of all development in areas of special
flood hazard.
(c)
Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 255-3-43D(5) and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
(8)
Information to be retained. The local administrator shall retain,
and make available for inspection, copies of the following:
(a)
Floodplain development permits and certificates of compliance;
(b)
Certifications of as-built lowest floor elevations of structures, required pursuant to § 255-3-43D(4)(a) and 255-3-43D(4)(b), and whether or not the structures contain a basement;
(c)
Floodproofing certificates required pursuant to § 255-3-43D(4)(a), and whether or not the structures contain a basement;
(e)
Notices required under § 255-3-43D(3), Alteration of watercourses.
A.
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 255-3-42B.
(1)
Coastal high-hazard areas. The following requirements apply
within Zones V1-V30, VP and V:
(a)
All new construction, including manufactured homes and recreational
vehicles on site 180 days or longer and not fully licensed for highway
use, shall be located landward of the reach of high tide.
(b)
The use of fill for structural support of buildings, manufactured
homes or recreational vehicles on site 180 days or longer is prohibited.
(c)
Man-made alteration of sand dunes which would increase potential
flood damage is prohibited.
(2)
Subdivision proposals. The following standards apply to all
new subdivision proposals and other proposed development in areas
of special flood hazard (including proposals for manufactured home
and recreational vehicle parks and subdivisions):
(a)
Proposals shall be consistent with the need to minimize flood
damage;
(b)
Public utilities and facilities such as sewer, gas, electrical
and water systems shall be located and constructed so as to minimize
flood damage; and
(c)
Adequate drainage shall be provided to reduce exposure to flood
damage.
(3)
Encroachments.
(a)
Within Zones A1-A30 and AE, on streams without a regulatory
floodway, no new construction, substantial improvements or other development
(including fill) shall be permitted unless:
[1]
The applicant demonstrates that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any location; or
[2]
The Town of East Hampton agrees to apply to the
Federal Emergency Management Agency (FEMA) for a conditional FIRM
revision, FEMA approval is received and the applicant provides all
necessary data, analyses and mapping and reimburses the Town of East
Hampton for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses and mapping and
reimburse the Town of East Hampton for all costs related to the final
map revision.
(b)
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 255-3-42B, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1]
A technical evaluation by a licensed professional
engineer shows that such an encroachment shall not result in any increase
in flood levels during occurrence of the base flood; or
[2]
The Town of East Hampton agrees to apply to the
Federal Emergency Management Agency (FEMA) for a conditional FIRM
and floodway revision, FEMA approval is received and the applicant
provides all necessary data, analyses and mapping and reimburses the
Town of East Hampton for all fees and other costs in relation to the
application. The applicant must also provide all data, analyses and
mapping and reimburse the Town of East Hampton for all costs related
to the final map revisions.
B.
Standards for all structures.
(1)
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(2)
Construction materials and methods.
(a)
New construction and substantial improvements to structures
shall be constructed with materials and utility equipment resistant
to flood damage.
(b)
New construction and substantial improvements to structures
shall be constructed using methods and practices that minimize flood
damage.
(c)
For enclosed areas below the lowest floor of a structure within
Zones A1-A30, AE or AH, and also Zone A if base flood elevation data
are available, new and substantially improved structures shall have
fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding, designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a licensed professional engineer or architect
or meet or exceed the following minimum criteria: i) a minimum of
two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding; and ii)
the bottom of all such openings no higher than one foot above the
lowest adjacent finished grade. Openings may be equipped with louvers,
valves, screens or other coverings or devices, provided that they
permit the automatic entry and exit of floodwaters. Enclosed areas
subgrade on all sides are considered basements and are not permitted.
(d)
Within Zones V1-V30 and VE, and also within Zone V if base flood
elevation are available, new construction and substantial improvements
shall have the space below the lowest floor either free from obstruction
or constructed with nonsupporting breakaway walls, open wood lattice-work
or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system.
The enclosed space below the lowest floor shall be used only for parking
vehicles, building access or storage. Use of this space for human
habitation is expressly prohibited. The construction of stairs, stairwells
and elevator shafts is subject to the design requirements for breakaway
walls.
(3)
Utilities.
(a)
New and replacement electrical equipment, heating, ventilating,
air conditioning, plumbing connections, and other service equipment
shall be located at or above the base flood elevation or be designed
to prevent water from entering and accumulating within the components
during a flood and to resist hydrostatic and hydrodynamic loads and
stresses. Electrical wiring and outlets, switches, junction boxes
and panels shall be elevated to or above the base flood elevation
unless they conform to the appropriate provisions of the electrical
part of the Building Code of New York State or the Residential Code
of New York State for location of such items in wet locations;
(b)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(c)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
C.
Residential structures (except coastal high-hazard areas).
(1)
Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 255-3-44A(2), Subdivision proposals, and (3), Encroachments, and § 255-3-44B, Standards for all structures.
(a)
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.
(b)
Within Zone A, when no base flood elevation data are available,
new and substantially improved structures shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.
(c)
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 255-3-42B (at least two feet if no depth number is specified).
(d)
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
D.
Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in § 255-3-44A(1), Coastal high-hazard areas, and (2), Subdivision proposals, and § 255-3-44B, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30, VE or V on the community's Flood Insurance Rate Map designated in § 255-3-42B.
(1)
Elevation. New construction and substantial improvements shall
be elevated on pilings, columns or shear walls such that the bottom
of the lowest horizontal structural member supporting the lowest elevated
floor (excluding columns, piles, diagonal bracing attached to the
piles or columns, grade beams, pile caps and other members designed
to either withstand storm action or break away without imparting damaging
loads to the structure) is elevated to or above two feet above base
flood elevation so as not to impede the flow of water.
(2)
Determination of loading forces. Structural design shall consider
the effects of wind and water loads acting simultaneously during the
base flood on all building components.
(a)
The structural design shall be adequate to resist water forces
that would occur during the base flood. Horizontal water loads considered
shall include inertial and drag forces of waves, current drag forces,
and impact forces from waterborne storm debris. Dynamic uplift loads
shall also be considered if bulkheads, walls, or other natural or
man-made flow obstructions could cause wave runup beyond the elevation
of the base flood.
(b)
Buildings shall be designed and constructed to resist the forces
due to wind pressure. Wind forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the roof, internal
forces when openings allow wind to enter the house, and upward force
on the underside of the house when it is exposed. In the design, the
wind should be assumed to blow potentially from any lateral direction
relative to the house.
(c)
Wind loading values used shall be those required by the building
code.
(3)
Foundation standards.
(a)
The pilings or column foundation and structure attached thereto
shall be adequately anchored to resist flotation, collapse or lateral
movement due to the effects of wind and water pressures acting simultaneously
on all building components. Foundations must be designed to transfer
safely to the underlying soil all loads due to wind, water, dead load,
live load and other loads (including uplift due to wind and water).
(b)
Spread footings and fill material shall not be used for structural
support of a new building or substantial improvement of an existing
structure.
(4)
Pile foundation design.
(a)
The design ratio of pile spacing to pile diameter shall not
be less than 8:1 for individual piles (this shall not apply to pile
clusters located below the design grade). The maximum center-to-center
spacing of wood piles shall not be more than 12 feet on center under
load-bearing sills, beams, or girders.
(b)
Pilings shall have adequate soil penetration (bearing capacity)
to resist the combined wave and wind loads (lateral and uplift) associated
with the base flood acting simultaneously with typical structure (live
and dead) loads and shall include consideration of decreased resistance
capacity caused by erosion of soil strata surrounding the piles. The
minimum penetration for foundation piles is to an elevation of five
feet below mean sea level (msl) datum if the BFE is +10 msl or less
or to be at least 10 feet below msl if the BFE is greater than +10
msl.
(c)
Pile foundation analysis shall also include consideration of
piles in column action from the bottom of the structure to the stable
soil elevation of the site. Pilings may be horizontally or diagonally
braced to withstand wind and water forces.
(d)
The minimum acceptable sizes for timber piles are a tip diameter
of eight inches for round timber piles and eight inches by eight inches
for square timber piles. All wood piles must be treated in accordance
with requirements of EPEE-C3 to minimize decay and damage from fungus.
(e)
Reinforced concrete piles shall be cast of concrete having a
twenty-eight-day ultimate compressive strength of not less than 5,000
pounds per square inch and shall be reinforced with a minimum of four
longitudinal steel bars having a combined area of not less than 1%
nor more than 4% of the gross concrete area. Reinforcing for precast
piles shall have a concrete cover of not less than 1 1/4 inches
for No. 5 bars and smaller and not less than 1 1/2 inches for
No. 6 through No. 11 bars. Reinforcement for piles cast in the field
shall have a concrete cover of not less than two inches.
(f)
Piles shall be driven by means of a pile driver or drop hammer,
jetted, or augered into place.
(g)
Additional support for piles in the form of bracing may include
lateral or diagonal bracing between piles.
(h)
When necessary, piles shall be braced at the ground line in
both directions by a wood timber grade beam or a reinforced concrete
grade beam. These at-grade supports should be securely attached to
the piles to provide support even if scoured from beneath.
(i)
Diagonal bracing between piles, consisting of two-inch-by-eight-inch
(minimum) members bolted to the piles, shall be limited in location
to below the lowest supporting structural member and above the stable
soil elevation and aligned in the vertical plane along pile rows perpendicular
to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch)
or cable-type bracing is permitted in any plane.
(j)
Knee braces, which stiffen both the upper portion of a pile
and the beam-to-pile connection, may be used along pile rows perpendicular
and parallel to the shoreline. Knee braces shall be two-by-eight lumber
bolted to the sides of the pile/beam, or four-by-four or larger braces
framed into the pile/beam. Bolting shall consist of two five-eighths-inch
galvanized steel bolts (each end) for two-by-eight members, or one
five-eighths-inch lag bolt (each end) for square members. Knee braces
shall not extend more than three feet below the elevation of the base
flood.
(5)
Column foundation design. Masonry piers or poured-in-place concrete
piers shall be internally reinforced to resist vertical and lateral
loads and be connected with a movement-resisting connection to a pile
cap or pile shaft.
(6)
Connectors and fasteners. Galvanized metal connectors, wood
connectors, or bolts of size and number adequate for the calculated
loads must be used to connect adjoining components of a structure.
Toe nailing as a principal method of connection is not permitted.
All metal connectors and fasteners used in exposed locations shall
be steel, hot-dipped galvanized after fabrication. Connectors in protected
interior locations shall be fabricated from galvanized sheet.
(7)
Beam to pile connections. The primary floor beams or girders
shall span the supports in the direction parallel to the flow of potential
floodwater and wave action and shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete members
shall be connected by reinforcement, if cast in place, or (if precast)
shall be securely connected by bolting and welding. If sills, beams,
or girders are attached to wood piling at a notch, a minimum of two
five-eighths-inch galvanized steel bolts or two hot-dipped galvanized
straps 3/16 inch by four inches by 18 inches each bolted with two
one-half-inch lag bolts per beam member shall be used. Notching of
pile tops shall be the minimum sufficient to provide ledge support
for beam members without unduly weakening pile connections. Piling
shall not be notched so that the cross section is reduced below 50%.
(8)
Floor and deck connections.
(a)
Wood two-inch-by-four-inch (minimum) connectors or metal joist
anchors shall be used to tie floor joists to floor beams/girders.
These should be installed on alternate floor joists, at a minimum.
Cross bridging of all floor joists shall be provided. Such cross bridging
may be one-inch-by-three-inch members, placed eight feet on center,
maximum, or solid bridging of same depth as joist at same spacing.
(b)
Plywood should be used for subflooring and attic flooring to
provide good torsional resistance in the horizontal plane of the structure.
The plywood should not be less than three-fourths-inch total thickness
and should be exterior grade and fastened to beams or joists with
8d annular or spiral thread galvanized nails. Such fastening shall
be supplemented by the application of waterproof industrial adhesive
applied to all bearing surfaces.
(9)
Exterior wall connections. All bottom plates shall have any
required breaks under a wall stud or an anchor bolt. Approved anchors
will be used to secure rafters or joists and top and bottom plates
to studs in exterior and bearing walls to form a continuous tie. Continuous
15/32-inch or thicker plywood sheathing--overlapping the top wall
plate and continuing down to the sill, beam, or girder--may be used
to provide the continuous tie. If the sheets of plywood are not vertically
continuous, then two-by-four nailer blocking shall be provided at
all horizontal joints. In lieu of the plywood, galvanized steel rods
of one-half-inch diameter or galvanized steel straps not less than
one inch wide by one-sixteenth-inch thick may be used to connect from
the top wall plate to the sill, beam, or girder. Washers with a minimum
diameter of three inches shall be used at each end of the one-half-inch
round rods. These anchors shall be installed no more than two feet
from each corner rod, no more than four feet on center.
(10)
Ceiling joist/rafter connections. All ceiling joists or rafters
shall be installed in such a manner that the joists provide a continuous
tie across the rafters. Ceiling joists and rafters shall be securely
fastened at their intersections. A metal or wood connector shall be
used at alternate ceiling joist/rafter connections to the wall top
plate. Gable roofs shall be additionally stabilized by installing
two-by-four blocking on two-foot centers between the rafters at each
gable end. Blocking shall be installed a minimum of eight feet toward
the house interior from each gable end.
(11)
Projecting members. All cantilevers and other projecting members
must be adequately supported and braced to withstand wind and water
uplift forces. Roof eave overhangs shall be limited to a maximum of
two feet and joist overhangs to a maximum of one foot. Larger overhangs
and porches will be permitted if designed or reviewed and certified
by a registered professional engineer or architect.
(12)
Roof sheathing.
(a)
Plywood, or other wood material, when used as roof sheathing,
shall not be less than 15/32 inch in thickness and shall be of exterior
sheathing grade or equivalent. All attaching devices for sheathing
and roof coverings shall be galvanized or be of other suitable corrosion-resistant
material.
(b)
All corners, gable ends, and roof overhangs exceeding six inches
shall be reinforced by the application of waterproof industrial adhesive
applied to all bearing surfaces of any plywood sheet used in the sheathing
of such corner, gable end, or roof overhang.
(c)
In addition, roofs should be sloped as steeply as practicable
to reduce uplift pressures, and special care should be used in securing
ridges, hips, valleys, eaves, vents, chimneys, and other points of
discontinuity in the roofing surface. Lower pitched structures will
be permitted if designed or reviewed and certified by a registered
professional engineer or architect.
(13)
Protection of openings. All exterior glass panels, windows,
and doors shall be designed, detailed, and constructed to withstand
loads due to the design wind speed of 75 miles per hour. Connections
for these elements must be designed to transfer safely the design
loads to the supporting structure. Panel widths of multiple-panel
sliding glass doors shall not exceed three feet.
(14)
Breakaway wall design standards.
(a)
The breakaway wall shall have a design safe loading resistance
of not less than 10 and not more than 20 pounds per square foot, with
the criterion that the safety of the overall structure at the point
of wall failure be confirmed using established procedures. Grade beams
shall be installed in both directions for all piles considered to
carry the breakaway wall load. Knee braces are required for front-row
piles that support breakaway walls.
(b)
Use of breakaway wall strengths in excess of 20 pounds per square
foot shall not be permitted unless a registered professional engineer
or architect has developed or reviewed the structural design and specifications
for the building foundation and breakaway wall components and certifies
that 1) the breakaway walls will fail under water loads less than
those that would occur during the base flood, and 2) the elevated
portion of the building and supporting foundation system will not
be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). Water loading
values used shall be those associated with the base flood. Wind loading
values shall be those required by the building code.
E.
Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 255-3-44A(2), Subdivision proposals, and (3), Encroachments, and § 255-3-44(B), Standards for all structures.
(1)
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
of any nonresidential structure, together with attendant utility and
sanitary facilities, shall either:
(a)
Have the lowest floor, including basement or cellar, elevated
to or above two feet above the base flood elevation; or
(b)
Be floodproofed so that the structure is watertight below two
feet above the base flood elevation with walls substantially impermeable
to the passage of water. All structural components located below the
base flood elevation must be capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
(2)
Within Zone AO, new construction and substantial improvements
of nonresidential structures shall:
(a)
Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as two feet above the depth
number specified in feet on the community's FIRM (at least two feet
if no depth number is specified); or
(b)
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 255-3-44B(3).
(3)
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 255-3-44E(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
(5)
Within Zone A, when no base flood elevation data are available,
the lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
F.
Nonresidential structures (coastal high-hazard areas). In Zones V1-V30,
VE and also Zone V if base flood elevations are available, new construction
and substantial improvements of any nonresidential structure, together
with attendant utility and sanitary facilities, shall have the bottom
of lowest member of the lowest floor elevated to or above two feet
above the base flood elevation. Floodproofing of structures is not
an allowable alternative to elevating the lowest floor to two feet
above the base flood elevation in Zones V1-V30, VE and V.
G.
Manufactured homes and recreational vehicles. The following standards in addition to the standards in § 255-3-44A, General standards, and B, Standards for all structures, apply as indicated in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
(1)
Recreational vehicles placed on sites within Zones A1-A30, AE,
AH, V1-V30, V, and VE shall either:
(a)
Be on site fewer than 180 consecutive days;
(b)
Be fully licensed and ready for highway use; or
(c)
Meet the requirements for manufactured homes in § 255-3-44G(2) through (4).
(d)
A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
(2)
A manufactured home that is placed or substantially improved
in Zones A1-A30, AE, V1-V30, V, and VE shall be elevated on a permanent
foundation such that the lowest floor is elevated to or above two
feet above the base flood elevation and is securely anchored to an
adequately anchored foundation system to resist flotation, collapse
and lateral movement. Elevation on piers consisting of dry stacked
blocks is prohibited.
(3)
Within Zones A or V, when no base flood elevation data are available,
new and substantially improved manufactured homes shall be elevated
such that the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers consisting of dry
stacked blocks is prohibited.
(4)
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 255-3-42B (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
A.
Appeals Board.
(2)
The Zoning Board of Appeals shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the local administrator in the enforcement or administration
of this local law.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals
may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this local law and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage, and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated
development;
(h)
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
The costs to local governments and the dangers associated with
conducting search-and-rescue operations during periods of flooding;
(k)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(l)
The costs of providing governmental services during and after
flood conditions, including search-and-rescue operations, maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems and streets and bridges.
(5)
Upon consideration of the factors of § 255-3-45A(4) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law.
(6)
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
B.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing Items (a) through (l) of § 255-3-45A(4) above, have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of
historic structures upon determination that:
(3)
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for
the conduct of a functionally dependent use, provided that:
(a)
The criteria of § 255-3-45B(1), (4), (5), and (6) are met; and
(b)
The structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threat to public safety.
(4)
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
(5)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(6)
Variances shall only be issued upon receiving written justification
of:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(7)
Any applicant to whom a variance is granted for a building with
the lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that the cost of
flood insurance will be commensurate with the increased risk resulting
from lowest floor elevation.
[Amended 5-6-2005 by L.L. No. 15-2005; 10-6-2006 by L.L. No.
24-2006]
The purpose of the Limited Business Overlay
District is to permit the introduction and continuance of a limited
class of low-intensity business uses on certain residentially zoned
properties lying immediately adjacent to sections of the Montauk Highway
and North Main Street, East Hampton. A central objective of sound
community planning is the prevention of strip commercial development
or sprawl along major arteries. Such development, if unchecked, can
result in traffic congestion, energy wastage, air pollution and economic
disruption of established commercial centers, as well as suburbanization,
aesthetic blight and loss of community character. For this reason,
most business land uses are best located in villages and neighborhood
centers, with residential uses predominating elsewhere. However, it
is recognized that as is common in many rural areas, the Town's highways
have for many years contained a small scattering of commercial uses
at the edges of and in-between the hamlets. There is a fine line between
this pattern of the "rural highway" and "suburban sprawl" that can
easily be crossed if highway businesses increase too much in number
or intensity. The locations and regulations of the Limited Business
Overlay District have thus been crafted to maintain this delicate
balance. The additional uses permitted must generate only low amounts
of traffic and must be designed and must function so as to protect
nearby residential uses and the essential residential character of
the district and the community as a whole.
[Amended 5-6-2005 by L.L. No. 15-2005]
The Limited Business Overlay District shall
include any lot which was in single and separate ownership on the
effective date of this section and fronts on a section of the Montauk
Highway (State Route 27) or North Main Street, East Hampton, marked
on the Use District Map[1] as limited business frontage by the limited business eligibility
line.
[1]
Editor's Note: The Use District Map is included as an attachment to this chapter.
[Added 11-7-2006 by L.L. No. 32-2006; amended 10-2-2014 by L.L. No. 34-2014]
The limitations and requirements set forth in Town Code §§ 255-3-57C and 255-3-58 shall apply to construction of a new commercial structure or conversion of an existing residential structure to a commercial use but shall not apply to legally preexisting commercial structures within the Limited Business Overlay District that are converted to another commercial use, provided that no preexisting commercial structures, 2,000 square feet or more in gross floor area shall be increased in size.
In lieu of any use permitted in the residential district in which it is included, a use listed in Article XI as a special permit use in Limited Business Overlay District (LBO) may be constructed, undertaken or carried out on any property within such district, provided that:
A.
Depth. Limited business uses shall only be permitted
on that portion of an eligible lot which lies within 200 feet of the
Montauk Highway or North Main Street right-of-way property line.
[Amended 5-6-2005 by L.L. No. 15-2005]
B.
Existing residence. On an eligible lot with an existing
residence, any point of which lies within 150 feet of the Montauk
Highway or North Main Street right-of-way property line, only limited
business uses which are to be housed in, incorporate or make use of
the existing residence shall be permitted, and no limited business
use which entails the demolition, moving or removal of the residence
shall be approved. However, renovation, rehabilitation and/or expansion
of the residence in order to accommodate a limited business use may
be authorized.
[Amended 5-6-2005 by L.L. No. 15-2005]
C.
Gross floor area. A combined maximum of 2,000 square
feet of the total gross floor area of all structures on the parcel
may be used for a commercial use. The remaining gross floor area may
be utilized for storage or an affordable apartment. New construction
of a structure for a commercial use is limited to a maximum total
gross floor area of 2,000 square feet.
[Added 10-6-2006 by L.L. No. 24-2006;[1] amended 11-17-2006 by L.L. No. 32-2006; 10-2-2014 by L.L. No. 34-2014]
[1]
Editor's Note: This local law also redesignated
former Subsection C as Subsection D.
D.
Subdivision. Notwithstanding any other provision of
this Code to the contrary, after the effective date of this section,
within the Limited Business Overlay District no new single and separate
vacant lots shall be created unless at the time of such creation,
the Planning Board requires, and the Town Board accepts, a recordable
instrument limiting use of the newly created lot to single-family
residential, open space or park purposes only.
[Added 10-6-2006 by L.L. No. 24-2006]
In addition to any other provisions of this
chapter which may apply to them, lots, lands, buildings, structures,
uses and activities proposing a limited business use shall be subject
to the following standards, which are to be utilized by the Planning
Board and the Architectural Review Board in reviewing the proposed
use:
A.
No picture or display window shall be permitted along
the street-facing side of the building.
B.
All lighting shall be residential in character and
limited to the minimum required for safety.
C.
When practical, all additions to existing residential
structures that have an existing limited business use shall be located
to the rear (nonstreet) portion of the building.
D.
When practical, setbacks for all accessory structures
shall be double that required for the underlying zoning district.
E.
When feasible, all parking shall be located to the rear (nontreet) portion of the building. Paved parking should, when practical, be limited to 50% of the parking requirement for the proposed use. The number of constructed parking spaces for a limited business use may be modified by the Planning Board pursuant to § 255-11-42J.
F.
Parking and all other accessory structures associated
with the limited business use (i.e., trash disposal area, air-conditioning
units, etc.) shall be well screened from public view and from the
adjoining residences.
G.
Architectural Review Board approval shall be required
prior to the removal of any tree with a diameter greater than 10 inches,
unless such tree has been determined to be dead or dangerous by a
certified arborist.
H.
No berm shall be constructed on a property proposing
a limited business use.
I.
The access point and driveway should be as residential
in character as practical.
J.
The front yard setback for a proposed limited business
use should be similar to that of adjoining buildings.
K.
Proposed construction should be on a scale similar
to that of the surrounding area.
L.
All construction should reflect the traditional residential
main street character of the area. The following residential characteristics
are encouraged:
(1)
Traditional simple forms;
(2)
Pitched roof within the range of roofs on existing
homes in the neighborhood;
(3)
Wood shingles;
(4)
Porches;
(5)
Generally rectangular windows with a vertical
proportion;
(6)
Arrangement of windows and doors that produces
a balanced facade;
(7)
The ratio of door and window area to wall area
should be similar to that of existing homes in the neighborhood;
(8)
A doorway facing the street even though the
main entrance is at the rear parking area;
(9)
Conservative use of decorative detail; and
(10)
Landscaping including foundation plantings,
shade trees and shrubby islands.
M.
The following characteristics are discouraged:
(1)
Overly large windows and door-to-wall ratio;
(2)
Flat roofs;
(3)
Large expanses of lawn;
(4)
Sparse landscaping;
(5)
Colors that overwhelm or compete with existing
homes in the neighborhood;
(6)
Site design that reduces the space between buildings
to less than that of the neighboring properties; and
(7)
Decorative features or construction materials
that overwhelm or conflict with neighboring traditional homes.
The purpose of the Water Recharge Overlay District
is to provide for the application of a system of needed additional
regulations for properties located in areas where disproportionately
large quantities of rainwater are recharged into and stored in the
underground aquifer, in order to help ensure the continued sufficiency
and purity of the Town's irreplaceable groundwater supply and sole
source of drinking water.
The boundaries of the Water Recharge Overlay
District shall be as shown on the Use District Map. The same may be
amended from time to time by local law.
In addition to any other provisions of this
chapter which may apply to them, lots, lands, buildings and structures
in the Water Recharge Overlay District shall be subject to the following:
A.
Subdivision. No lot or land wholly or partly within the overlay district shall be subdivided (unless by subdivision waiver) except pursuant to Chapter 193 of this Code.
B.
Critical area designation. Lands located within the overlay district are hereby declared to be critical areas of environmental concern pursuant to Chapter 128 of this Code.
C.
Conditional approvals. Any activity or use for which
the approval of any local agency is needed may be approved by said
agency conditioned upon the landowner's filing covenants and restrictions
granting to the Town enforceable rights against overclearing of land,
landscaping, the use of fertilizers, the manner of disposing of waste
materials or any other reasonable condition or restriction necessary
to ensure continued integrity of the Town's groundwater.
D.
Minimized clearing. In all their actions, local agencies
shall minimize, to the extent practicable, clearing and grading of
natural vegetation and disturbance of the natural contours of lands
within the overlay district.
E.
Except as may be permitted on building lots within open space subdivisions created pursuant to Chapter 193, clearing of lots or parcels of land within the Water Recharge Overlay District shall be restricted as set forth herein.
[Amended 9-1-1989 by L.L. No. 10-1989; 12-2-1994 by L.L. No.
15-1994; 11-6-1998 by L.L. No. 36-1998; 9-20-2001 by L.L. No.
16-2001; 6-8-2004 by L.L. No. 15-2004; 7-6-2007 by L.L. No.
25-2007]
(1)
The total area of a lot which may be cleared
of indigenous natural vegetation shall not exceed the following amounts
for any lot located wholly or partly within the overlay district:
|
Lot Area
(square feet)
|
Maximum Clearing Permitted
| ||
|---|---|---|---|
|
In Residence Districts:
| |||
|
Up to and including 39,999
|
10,000 square feet or 35% of lot area, whichever
is greater
| ||
|
From 40,000 to and including 280,000
|
10,000 square feet + (lot area X 12.5%)
| ||
|
Greater than 280,000
|
45,000 square feet
| ||
|
In Commercial Districts:
| |||
|
All lots
|
10,000 square feet or 50% of lot area, whichever
is greater
| ||
|
In calculating the amount of clearing permitted
by this subsection on a flag lot or a lot which is burdened by a common
driveway easement or access easement, the area of any flag strip or
any common driveway easement or access easement shall be excluded
from lot area. Likewise, any clearing for driveway purposes within
the flag strip or within the common driveway easement or access easement
shall not be counted into the permissible amount of clearing.
|
(2)
Clearing in excess of 45,000 square feet on
any lot in a residence district is prohibited unless the following
requirements are met:
(3)
Notwithstanding anything in § 255-3-65E(1) and (2), the Planning Board may approve clearing of up to 50% of total lot area on a lot larger than 80,000 square feet in a residence district as part of a site plan for a school. In approving any such expanded clearing, the Planning Board shall determine that the clearing is reasonably needed for the effective operation of the school and shall require design of improvements that effectively facilitate water recharge. In the event that the school use on such a lot ceases, a condition of any other use shall be revegetation and/or reversion to natural, native vegetation of cleared areas exceeding the applicable limits in § 255-3-65E(1), to the extent feasible without removing buildings, in accordance with a plan approved by the Natural Resources Department.
F.
Waste disposal areas. No new landfills or private
dumping or disposal areas utilized for, but not limited to, disposal
of waste and septage shall be permitted in the overlay district.
G.
List of prohibited hazardous substances. The Natural
Resources Director may compile, update and distribute an inventory
of hazardous substances. After such inventory shall have been approved
as an official Town inventory by formal Town Board resolution adopted
after a public hearing held on 10 days' notice in the official newspaper,
the use, storage, management or transportation in the overlay district
of any hazardous substances included on such duly adopted or amended
inventory shall thereafter be prohibited.
H.
List of prohibited hazardous chemicals. The Natural
Resources Director may compile, update and distribute an inventory
of fertilizers, pesticides, herbicides or other chemicals which he
deems to be a serious threat to the health, safety or welfare of residents
of the Town of East Hampton if introduced into the environment in
the water recharge areas of the Town. After such inventory shall have
been approved as an official Town inventory by formal Town Board resolution
adopted after public hearing held on 10 days' notice in the official
newspaper, the use or application in the overlay district of any such
chemical included on such duly adopted or amended inventory shall
thereafter be prohibited.
[Added 10-6-1995 by L.L. No. 12-1995]
[Added 10-6-1995 by L.L. No. 12-1995]
The purpose of the Harbor Protection Overlay
District is to maintain or improve surface water quality in East Hampton's
major harbors, creeks and ponds, including Accabonac Creek, Fort Pond
(including the arm of Fort Pond north of Industrial Road), Georgica
Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest
Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill
Pond and Wainscott Pond. The district is also intended to maintain
or improve wildlife habitat in these areas and to maintain or restore
these waterways as closely as possible to their natural condition,
so that the Town's citizens and visitors can continue to enjoy and
appreciate their natural values. The Harbor Protection Overlay District
will help prevent the entry of stormwater runoff into the Town's waters;
gradually require the upgrading of out-moded or inoperable septic
systems; preserve important indigenous vegetation; reduce impacts
from residential and commercial swimming pools; and upgrade standards
for fuel storage tanks. East Hampton's waterways are among the Town's
most prized features. They support bountiful shellfish and finfish
resources, offer prime habitat for local wildlife and offer residents
and visitors a place to swim, fish, hunt, boat, observe wildlife and
enjoy scenic beauty and tranquillity. The overlay district will help
preserve these important benefits for future generations.
[Added 10-6-1995 by L.L. No. 12-1995]
The boundaries of the Harbor Protection Overlay
District shall be as shown on the Use District Map. The same may be
amended from time to time by local law.
[Added 10-6-1995 by L.L. No. 12-1995]
In addition to any other provisions of this
chapter which may apply to them, lots, lands, buildings, structures,
uses and activities within the Harbor Protection Overlay District
shall be subject to the following restrictions and regulations:
A.
Control of stormwater runoff. The following regulations
shall apply to structures or activities which produce or contribute
to stormwater pollution of the Town's surface waters:
(1)
No parking lot or private driveway shall hereafter
be constructed unless it has either an unimproved surface (e.g., dirt,
crushed shells) or an improved surface consisting of one or more of
the following materials: poured concrete, hot plant mix asphalt, rapid-curing
cut-back asphalt or quartz gravel.
(2)
No road, private driveway or parking lot with
an improved surface shall hereafter be constructed unless all stormwater
generated by said structure is directed into one or more catchment
basins. Said catchment basin or basins shall have a combined volume
(in cubic feet) equal to the surface area of the road, driveway and/or
parking area (in square feet), divided by six.
(3)
Any road, private driveway or parking lot which
is hereafter constructed with an improved surface shall be maintained
so that all stormwater generated by said structure is actually directed
into the catchment basin or basins required by the preceding subsection.
Any catchment basin required by the preceding subsection shall be
kept clean and maintained so that it recharges stormwater into the
ground without overflowing.
(4)
No pipe, culvert, drain or similar conduit may
hereafter be constructed or installed which discharges stormwater
into wetlands (including surface waters).
(5)
Every principal building or addition to a principal
building which is hereafter constructed or erected shall be furnished
with gutters and leaders to direct stormwater from roofs into one
or more catchment basins. Said catchment basin or basins shall have
a combined volume (in cubic feet) equal to the surface area of the
roof (in square feet), divided by six.
(6)
During construction work the disturbance of
natural vegetation and land contours shall be minimized to the maximum
extent practicable. Project-limiting fencing, siltation mesh, strawbales
or similar devices for limiting land disturbance and retarding erosion
and siltation shall be used during construction work and during any
land clearing or grading in preparation for or associated with construction
work.
B.
New sanitary septic systems. The following regulations
shall govern the installation of all septic systems after this date,
except for septic systems which are installed to replace legally preexisting
septic systems:
(1)
No such septic system shall be installed or constructed unless it is set back a minimum of 200 feet from the surface waters of Accabonac Creek, Fort Pond (including the arm of Fort Pond north of Industrial Road), Georgica Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill Pond and/or Wainscott Pond and from the upland boundary of any wetlands contiguous to the foregoing bodies of water. To the extent that any provision of Article IV imposes a lesser wetland setback for septic systems, the requirements of this subsection shall be controlling with respect to lands within the Harbor Protection Overlay District.
(2)
No septic system leaching pool shall hereafter
be installed unless the bottom of the leaching pool is situated a
minimum of four feet above the groundwater table.
C.
Existing sanitary septic systems. Any septic system
which legally exists on a residential property on January 1, 1996,
shall be replaced or upgraded in the following circumstances and to
the following extent:
(1)
Every septic system regulated by this subsection
shall be replaced or upgraded if:
(a)
A natural resources special permit is required
for work to be performed on the lot or parcel containing the septic
system;
(b)
The work to be performed will increase the habitable
floor area of a principal building on the lot or will increase the
number of bathrooms within a building on the lot; and
(c)
The septic system in question does not meet
the minimum requirements of the Suffolk County Department of Health
Services for vertical separation to groundwater, for setback to surface
waters or for septic system capacity, or in that it lacks a septic
tank.
(2)
Where this subsection requires that an existing
septic system be replaced or upgraded, the new or upgraded septic
system shall meet the following requirements:
(a)
It shall comply with the requirements of the
Suffolk County Department of Health Services for new septic systems
and shall be installed under the supervision of the Sanitation Inspector;
and
(b)
It shall be set back a minimum of 150 feet from
the upland boundary of all tidal wetlands (including tidal surface
waters) or, if that is not feasible, it shall be set back the maximum
practicable distance from the surface waters of Accabonac Creek, Fort
Pond (including the arm of Fort Pond north of Industrial Road) Georgica
Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest
Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill
Pond and/or Wainscott Pond and from the upland boundary of any wetlands
contiguous to the foregoing bodies of water, taking into consideration
such factors as the physical constraints of the site and the location
of nearby water supply wells.
D.
Except as may be permitted on building lots within open space subdivisions created pursuant to Chapter 193, clearing of lots or parcels of land within the Harbor Protection Overlay District shall be restricted as set forth herein.
[Amended 11-6-1998 by L.L. No. 36-1998; 6-8-2004 by L.L. No. 15-2004; 7-6-2007 by L.L. No. 25-2007]
(1)
The total area of a lot which may be cleared
of indigenous natural vegetation shall not exceed the following amounts
for any lot located wholly or partly within the overlay district:
|
Lot Area
(square feet)
|
Maximum Clearing Permitted
(square feet)
| ||
|---|---|---|---|
|
In Residence Districts:
| |||
|
Up to and including 39,999
|
10,000 or 35% of lot area, whichever is greater
| ||
|
From 40,000 to and including 280,000
|
10,000 + (lot area X 12.5%)
| ||
|
Greater than 280,000
|
45,000
| ||
|
In Commercial Districts:
| |||
|
All lots
|
10,000 or 50% of lot area, whichever is greater
| ||
|
In calculating the amount of clearing permitted
by this subsection on a flag lot or a lot which is burdened by a common
driveway easement or access easement, the area of any flag strip or
any common driveway easement or access easement shall be excluded
from lot area. Likewise, any clearing for driveway purposes within
the flag strip or within the common driveway easement or access easement
shall not be counted into the permissible amount of clearing.
|
(2)
Clearing in excess of 45,000 square feet on
any lot in a residence district is prohibited unless the following
requirements are met:
E.
Swimming pools. The following regulations shall govern
the construction or installation of swimming pools:
(1)
No swimming pool shall hereafter be constructed
or installed unless it is furnished with a system to reduce the use
of chlorine disinfectant, such as an ozonator, ionizer or ultraviolet
disinfectant system.
(2)
No swimming pool shall hereafter be constructed
or installed unless the bottom of the swimming pool is situated a
minimum of two feet above the groundwater table. The Building Inspector
shall require proof of compliance with this provision before issuing
a certificate of occupancy.
(3)
No swimming pool shall hereafter be constructed
or installed unless it is provided with one or more dry wells which
are easily accessible for the evacuation of water from the swimming
pool. In the case of a gunite or other evacuable swimming pool, such
dry wells shall have a total volume at least equal to 10% of the volume
of the pool, and in any case not less than 450 gallons (or approximately
the volume of a three-foot-deep by five-foot-wide dry well). In the
case of a vinyl-lined swimming pool, the total volume of dry wells
shall be at least equal to 1/2 the dry well volume required for a
gunite pool of the same size.
(4)
No swimming pool shall be drained or have its
water discharged into a driveway, storm drain, public or private street
or into wetlands (including surface waters), nor shall any swimming
pool be drained or have its water discharged into any receptacle other
than a dry well installed as required by this subsection.
(5)
The cleaning of swimming pools or swimming pool
surfaces by means of an acid wash is prohibited unless the acids used
are completely neutralized before discharge from the swimming pool.
F.
Fuel storage tanks. On lots having one or more fuel
storage tanks, whose combined capacity does not exceed 1,100 gallons,
the installation of each fuel storage tank shall hereafter be subject
to the following requirements and restrictions:
(1)
If installed below ground, each tank shall be
of double-walled fiberglass manufacture.
(2)
If installed above ground, each tank shall either:
(a)
Be installed within the cellar of a building
having a poured-concrete floor; or
(b)
Be installed atop an impermeable flat surface,
e.g., a concrete pad, which extends at least six inches laterally
beyond the outermost sides of the tank and any associated piping,
and be installed so that it is open and accessible for inspection
on at least three sides.
[Added 10-6-1995 by L.L. No. 12-1995]
In order to ensure compliance with the regulations
of the Harbor Protection Overlay District, every application for a
building permit to construct or erect a building or structure within
said district shall be accompanied by a survey which has been prepared
by a licensed surveyor and which depicts the following:
A.
Clearing: the areas of the lot which are proposed
to be cleared and a calculation of the percentage of lot area which
will be cleared, including all portions of the lot previously cleared.
B.
Depth to groundwater: for projects involving the installation
of septic system discharge devices or swimming pools, or which require
the installation of catchment basins, the mean depth to groundwater
in the areas proposed for any septic system, swimming pool or catchment
basin.
[Added 4-13-2007 by L.L. No. 14-2007]
[Added 4-13-2007 by L.L. No. 14-2007]
The purpose of the Coastal Erosion Overlay District
is the protection of the Town's natural shoreline and coastal resources.
These features require protection because of their important flooding
and erosion prevention functions, their scenic qualities, their value
for public recreation and water access, and their value as wildlife
habitat. The overlay district is divided into four coastal erosion
zones, each of which covers sections of the Town's coast which have
similar features, characteristics, and storm exposures. The district
establishes rules and standards for erosion control structures and
projects, which may differ from one zone to the next.
[Added 4-13-2007 by L.L. No. 14-2007]
The Coastal Erosion Overlay District shall encompass
all lands, including underwater lands, which are located within any
of the following areas: (i) landward of the mean high water line of
any tidal waters within the Town, to a line which is 200 feet landward
of said mean high water line, (ii) seaward of said mean high water
line, to a line which is 1,000 feet seaward of the mean low water
line of any tidal waters within the Town, or (iii) seaward of the
mean high water line, to the contour line at which mean low water
depth is 15 feet. The overlay district shall consist of four coastal
erosion zones as shown on the Use District map. The coastal erosion
zones constituting the Coastal Erosion Overlay District shall be identified
as follows:
A.
Coastal Erosion Overlay Zone 1: Ocean coastal zone,
including bluffs, dunes, beaches, and nearshore areas. This zone is
predominantly free of erosion control structures.
B.
Coastal Erosion Overlay Zone 2: Bay coastal zone,
including bluffs, dunes, beaches, and nearshore areas, which is predominantly
free of erosion control structures.
C.
Coastal Erosion Overlay Zone 3: Bay coastal zone,
including bluffs, dunes, beaches, and nearshore areas, which contains
erosion control structures which are isolated and discontinuous, or
which have no substantial flooding or erosion protection function.
D.
Coastal Erosion Overlay Zone 4: Bay coastal zone,
including any remaining bluffs, dunes, beaches, and nearshore areas,
which contains numerous erosion control structures. Within this zone
the loss of natural resources and features such as bluffs, dunes,
and beaches means that in many cases erosion control structures provide
the only remaining protection against flooding and erosion.
[Added 4-13-2007 by L.L. No. 14-2007]
In addition to any other provisions of this
chapter which may apply to them, lots, lands, buildings, structures,
uses, and activities within the Coastal Erosion Overlay District shall
be subject to the following restrictions and regulations:
A.
Coastal Erosion Overlay Zones, generally.
(1)
All buildings and other structures, except coastal
structures, shall be located and constructed so as to minimize the
damage to property and risk to human life which may be caused by flooding
and erosion.
(2)
All construction and related activities, including
the clearing and grading of land, shall be undertaken in a manner
which minimizes the damage caused to wetlands, beaches, bluffs, dunes,
and vegetation growing thereon by flooding and erosion.
B.
Regulation of erosion control structures.
(1)
In Coastal Erosion Overlay Zone 1:
(a)
The construction, placement, or installation
of new erosion control structures is prohibited.
(b)
The repair, reconstruction, or alteration of
all lawfully existing erosion control structures shall require the
issuance of a natural resources special permit.
(c)
Notwithstanding the provisions of the foregoing Subsection B(1)(b), the repair, reconstruction, or alteration of existing erosion control structures which are constructed perpendicular to the shoreline, such as groins and jetties, is prohibited. The construction, placement, or installation of any such new erosion control structure built perpendicular to the shoreline is also prohibited.
(d)
Notwithstanding the provisions of the foregoing Subsection B(1)(c), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.
(2)
In Coastal Erosion Overlay Zone 2:
(a)
The construction, placement, or installation
of new erosion control structures is prohibited.
(b)
Subject to the exception set forth in Subsection B(2)(c) below, the repair, reconstruction, or alteration of existing erosion control structures is prohibited. This prohibition shall not apply to erosion control structures installed to ensure the safe navigability of boat channels; the construction, repair, reconstruction, or alteration of any such structure shall require the issuance of a natural resources special permit.
(c)
Nothwithstanding the provisions of the foregoing Subsection B(2)(b), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.
(3)
In Coastal Erosion Overlay Zone 3:
(a)
The construction, placement, or installation
of new erosion control structures is prohibited.
(b)
Subject to the exception set forth in Subsection B(3)(c) below, the repair, reconstruction, or alteration of existing erosion control structures which are constructed perpendicular to the shoreline, such as groins and jetties, is prohibited. This prohibition shall not apply to erosion control structures installed to ensure the safe navigability of boat channels; the construction, repair, reconstruction, or alteration of any such structure shall require the issuance of a natural resources special permit.
(c)
Notwithstanding the provisions of the foregoing Subsection B(3)(b), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.
(d)
The repair, reconstruction, or alteration (including
enlargement or reduction in size) of all other lawfully preexisting
erosion control structures shall require the issuance of a natural
resources special permit.
(4)
In Coastal Erosion Overlay Zone 4:
(a)
Subject to the exception set forth in Subsection B(4)(d) below, the construction, placement, or installation of new erosion control structures shall require the issuance of a natural resources special permit.
(b)
Subject to the exception set forth in Subsection B(4)(d) below, the alteration (including enlargement or reduction in size) of existing erosion control structures shall require the issuance of a natural resources special permit.
(c)
Subject to the exception set forth in Subsection B(4)(d) below, the repair or reconstruction of existing erosion control structures shall require the issuance of a natural resources special permit. If such structures are lawfully preexisting, repair or reconstruction may be authorized by means of an expedited administrative natural resources special permit, pursuant to § 255-4-28 hereof.
(d)
Notwithstanding the provisions of the foregoing Subsection B(4)(a) through (c) and subject to the exception set forth in Subsection B(4)(e) below, the repair, reconstruction, or alteration of existing erosion control structures which are constructed perpendicular to the shoreline, such as groins and jetties, is prohibited. The construction, placement, or installation of any such new erosion control structure built perpendicular to the shoreline is also prohibited. These prohibitions shall not apply to erosion control structures installed to ensure the safe navigability of boat channels, but work on any such structure shall require the issuance of a natural resources special permit.
(e)
Notwithstanding the provisions of the foregoing Subsection B(4)(d), the alteration or removal of groins, jetties, or other existing erosion control structures constructed perpendicular to the shoreline is permitted upon issuance of a building permit when such alteration would result in a reduction of the size or length of the structure and a public or environmental benefit. The Building Inspector may consult with other Town agencies and the Town Trustees to ensure that the alteration would result in a public or environmental benefit.
[Added 7-1-2005 by L.L. No. 19-2005]
[Added 7-1-2005 by L.L. No. 19-2005]
The purpose of the Recreational Overlay District
is to provide for areas of active recreation by permitting major recreational
facilities in residential zones and to provide regulations that prevent
disturbance of surrounding residential neighborhoods.
[Added 7-1-2005 by L.L. No. 19-2005]
The boundaries of the Recreational Overlay District
shall be as shown on the Use District Map.[1] Notwithstanding any provision in Article V hereof, only parcels of 600,000 square feet in size or more are eligible for inclusion into the District. The same may be amended from time to time by local law.
[1]
Editor's Note: The Use District Map is located
at the end of this chapter.
[Added 7-1-2005 by L.L. No. 19-2005]
In lieu of any use permitted in the residential
district in which it is included, a major recreational facility may
be a permitted use in the Recreational Overlay District (ROD), provided
that:
A.
The parcel is a minimum of 600,000 square feet;
