[Added 10-22-1997 by L.L.
No. 2-1997]
A.
The change
in measurement shall be at the option of the property owner. The property
owner shall notify the Village that the property owner is exercising
the option to raise the base for the measurement of the building envelope
pursuant to this chapter, of up to a maximum of two feet above the
base flood elevation, in writing, at the time of the application for
a building permit with the Village. The option shall be exercised
by the property owner by the completion of a notification form which
shall be filed with the Village. All renderings, drawings, or certifications
filed with or required by the Village from the property owner shall
include a written statement that the option has been exercised.
B.
No other
law affected. The exercise of the option available under this chapter
by a property owner to raise the base of the calculation of the pyramid
measurement shall not increase, amend or change any other restriction,
law or regulation in either the zoning laws of the Village of West
Hampton Dunes or of the Town of Southampton as enacted in or enforced
in the Village of West Hampton Dunes, including but not limited to
the building height, setbacks, and other restrictions and limitations.
All other regulations and limitations presently in effect in the Village
shall continue in effect unaffected by this section.
[Added 10-22-1997 by L.L.
No. 3-1997]
A.
The pyramid
law of the Village of West Hampton Dunes, as amended in 1997, presently
provides that a property owner may apply to have the base of the pyramid
raised so that the lowest member of the construction of the structure
on the premises will be raised two feet above the base flood elevation,
however, the limit of the height of such structure was still limited
to 32 feet.
B.
Commencing on the enactment date of this section, in the event that a property owner in an application for a building permit to the Village makes an application for approval of an increase in the height of the lowest member of the structure, as provided in § 560-9, which amended the pyramid law, the calculation of the building envelope pursuant to the pyramid law of the Village, the maximum height limitation of the building envelope as determined by the pyramid law, as amended, shall be increased to a height of 34 feet above the base flood elevation.
C.
Commencing
on the enactment date of this section, on the application of property
owner for an increase in height of the building pyramid, and provided
in such application the property owner shall also agree that the lowest
point of any member of the structure shall be at least two feet above
base flood elevation, the building envelope as determined by the pyramid
law, as amended, shall be calculated at an angle of 60º from
the perimeter of the property as described in the pyramid law of the
Village, however, the base of the pyramid and the calculation shall
be calculated from a point that is two feet above base elevation of
the property.
[Added 1-20-1998 by L.L.
No. 1-1998; amended 2-25-1998 by L.L. No. 2-1998]
A.
The Village
of West Hampton Dunes and its building and construction laws and regulations
shall be amended for those properties in the Village that are located
on the south side of Dune Road to reflect an increase in the limitation
of the maximum height of a structure and of the height of the base
of the pyramid which is used to determine the building envelope of
the construction on those properties located on the south side of
Dune Road for which the owners of those properties have elected and
agreed to raise the base of the structure on the premises more than
two feet and up to a maximum of four feet above base flood elevation,
as further provided in this section.
B.
Increase
of height of the pyramid; election.
(1)
The
pyramid law of the Village of West Hampton Dunes, as amended by L.L.
No. 2-1997, provides that a property owner may elect to raise the
lowest member of the construction of the structure on the premises
to a height of two feet above base flood elevation, however, the maximum
height of the structure could not exceed 32 feet.
(2)
The pyramid law of the Village of West Hampton Dunes, as amended by L.L. No. 3-1997, provides that in the event that a property owner in an application for a building permit to the Village makes an application for the approval of an increase in the height of the lowest member of the structure, as provided in § 560-9, which amended the pyramid law, and applies in that application for an increase in the height of the base of the pyramid that is used to determine the building envelope for construction on the premises, that in addition to the base of the pyramid determining the building envelope for construction on the premises being raised two feet, from 32 feet to 34 feet above the base flood elevation. That is, that in the event of an application for a building permit by the owner, and the application for approval in that permit and the agreement by the owner to increase the height of the lowest member of the structure to not less than two feet above base flood elevation, the pyramid used to determine the building envelope of the premises as determined by the pyramid law, as amended, shall be calculated at an angle of 60º from the perimeter of the property, however, the base of the pyramid from which the 60º is calculated shall be calculated from a point that is two feet above the base flood elevation of the property.
(3)
Commencing
on the enactment date of this section, in the event that an application
is made to Village for a building permit with respect to a property
located on the south side of Dune Road, and the property owner in
that application applies for and agrees to an increase in the height
of the lowest horizontal member supporting the lowest elevated floor
of the structure of up to four feet above the base flood elevation,
the pyramid law shall be amended to reflect that in such case:
(a)
The maximum height limitation of the pyramid law and of the building
and construction laws of the Village of West Hampton Dunes with respect
to such structure on a premises located on the south side of Dune
Road shall be increased 32 feet by the amount that the height of the
lowest horizontal structural member supporting the lowest elevated
floor of the structure is increased above base flood elevation, up
to four feet above base flood elevation, to a maximum height limitation
of 36 feet; and
(b)
The height of a building on the south side of Dune Road shall be
32 feet above design flood elevation, as determined by the Federal
Emergency Management Agency (FEMA), National Flood Insurance Program
(NFIP), Flood Insurance Rate Maps (FIRMs) numbers 36103C0726H, 36103C0763H
and 36103C0764H (last revised September 25, 2009), and referenced
to NAVD (North Atlantic Vertical Datum), plus freeboard (as defined
in Sections R323-1.3.3 and R323-2-1) of the Residential Code of New
York State, if any.
[Amended 5-14-2010 by L.L. No. 2-2010; 10-19-2012 by L.L. No. 6-2012]
[Added 8-13-1999 by L.L.
No. 4-1999]
The building, construction and zoning regulations of the Village
of West Hampton Dunes as adopted on November 18, 1995, Local Law 2
of 1997, and Local Laws 4 and 9 of 1997 are hereby amended so that
those local laws and any portion of them that specifies their application
to the south side of Dune Road only are hereby amended to apply to
all properties in the Village of West Hampton Dunes.
