This chapter is enacted pursuant to authority conferred in Article 16 of the Town Law of the State of New York, the Statute of Local Governments of the State of New York and the Municipal Home Rule Law of the State of New York.
The provisions of this chapter shall govern subdivision applications made to the East Hampton Town Planning Board. The intent is to ensure that the proposed development and improvement of real property is compatible and properly integrated with existing features and systems on and near the subject property. The regulations, procedures and specifications contained in this chapter are provided to aid in the prompt and orderly processing of applications and to make clear the criteria that will be applied to the review of such applications.
The provisions of this chapter are adopted pursuant to the following findings of fact, which shall be used as a guide in their interpretation and application to particular cases:
A. 
The citizens of East Hampton have demonstrated an increasing concern with the quality of land development within the town.
B. 
Agencies which share jurisdiction with the Town Planning Board continue to upgrade their procedures and substantive review requirements.
C. 
Accumulating scientific evidence has shown the necessity of integrated planning to protect the health, safety and welfare of the people of the Town of East Hampton and to conserve the town's unique environmental features for the enjoyment of future generations.
D. 
Applicants to the Town Planning Board are entitled to a prompt and fair review of their development proposals.
E. 
The Planning Board and the Town Board support the objectives stated in this section and, to achieve those objectives, support this revision of the Planning Board's rules of procedure and the substantive standards that apply to the review of applications.
F. 
The provisions of this chapter will assist both the Planning Board and the applicant by:
(1) 
Clearly specifying the policies, procedures and standards by which applications will be processed and determined.
(2) 
Requiring applicants to explore the potentials and to identify the limitations inherent in the premises under development.
(3) 
Increasing the quality of real estate development while decreasing its administrative costs to both the developer and the town by:
(a) 
Yielding more efficient parcel and road layouts, reducing drainage requirements and lessening the impact of real estate development on the natural environment; and
(b) 
Assuring prompt, orderly and effective review of applications made to the Planning Board.
[Amended 3-15-1991 by L.L. No. 4-1991]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTURE
As defined in Chapter 255 of this Code.
AGRICULTURE
As defined in Chapter 255.
APARTMENT
As defined in Chapter 255.
BEACH
As defined in Chapter 255.
BLUFF
As defined in Chapter 255.
BOND:
(1) 
PERFORMANCE BOND- An undertaking secured by acceptable surety furnished by the applicant to guarantee that the applicant constructs, causes to be constructed and/or provides all improvements required by the Board as conditions of approval of the application.
(2) 
GUARANTY BOND- An undertaking secured by acceptable surety furnished by the applicant to guarantee the workmanship, materials and maintenance of all required improvements for a period of one year from the date of release of the performance bond by the town.
(3) 
MAINTENANCE AND UPKEEP BOND- An undertaking secured by acceptable surety, renewable yearly, which will take effect immediately following the release of the guaranty bond by the town, furnished by the applicant to guarantee normal maintenance and upkeep on all required improvements until acceptance by the town.
BUILDING
As defined in Chapter 255.
BUILDING AREA (AREA OF BUILDING)
As defined in Chapter 255.
BUILDING ENVELOPE
The only area on a parcel of land on which a single-family residence or other principal building, together with any accessory structures, can be sited in accordance with all setback and other requirements of Chapter 255 of this Code and all other applicable laws, regulations and restrictions. For residential property, a "building envelope" shall be capable of accommodating a single-family residence with a building area on the first floor of no less than 600 square feet, driveway and parking area for at least two automobiles and wastewater disposal system while meeting all setback and other land use requirements and restrictions.
CLEARING
As defined in Chapter 255.
COASTAL FEATURES AND WETLAND AREAS
(1) 
NATURAL COASTAL FEATURES AND SYSTEMS- Includes, without limitation, the following;
(a) 
Shorelines.
(b) 
Beaches and littoral areas.
(c) 
Beach grass and other indigenous vegetation.
(d) 
Dunes, bluffs, blowouts and the bluff line.
(e) 
Floodplains and inlets.
(f) 
Stabilized and erosion-prone areas.
(g) 
Indigenous plant and animal habitats.
(2) 
TIDAL WETLANDS- As defined in Chapter 255.
(3) 
FRESHWATER WETLANDS- As defined in Chapter 255.
CODE (TOWN CODE)
As defined in Chapter 255.
COMMON DRIVEWAY
A mutual ingress and egress which is shared by two, three or four lots, which provides vehicular access to a public street or highway, and which complies with the Standard Details[1] and specifications set forth in this chapter.
[Amended 12-3-1999 by L.L. No. 33-1999]
COMPREHENSIVE PLAN
The Comprehensive Plan for the Town of East Hampton prepared and adopted by the Planning Board of the Town of East Hampton pursuant to § 272-a of the New York Town Law.
CONCEPT FOR AN OPEN SPACE PLAT
A pre-preliminary plan depicting a proposed open space subdivision conforming to the requirements of Chapter 193 (Open Space Preservation) of this Code.
CONCEPT FOR A STANDARD PLAT
A pre-preliminary plan depicting a proposed standard subdivision.
CONSERVATION
The protection of natural and man-made features, resources or systems and cultural features in essentially their natural or existing condition, but with allowance for human use or intervention in an environmentally sound and nondestructive manner, such as the management of wetlands or the farm use of agricultural soils.
CULTURAL FEATURES
Paleontological and archaeological remains; historic buildings, structures or sites; trails; and agricultural fields.
DEVELOPMENT
As defined in Chapter 255.
DRIVEWAY
A way for vehicular ingress and/or egress from a street to a lot, whether or not surfaced or improved. See "common driveway."
[Added 12-3-1999 by L.L. No. 33-1999]
DUNE
As defined in Chapter 255.
DWELLING UNIT
A single-family residence or an apartment.
EASEMENT
A grant for a specified passive or active use of land by the public, an individual or individuals, a corporation or any other private or public entity.
FAMILY
As defined in Chapter 255.
FEATURE
Any natural or man-made component of the environment, or any cultural feature.
FLAG STRIP (PANHANDLE)
A portion of a lot not less than 20 feet in width throughout, which provides legal frontage on a street or highway for the purposes of § 280-a of the New York Town Law and § 255-11-76 of this Code.
[Amended 11-19-1993 by L.L. No. 32-1993]
FRESHWATER WETLANDS
As defined in Chapter 255.
GRADING
As defined in Chapter 255.
IMPROVEMENT
Any alteration of land from its natural state or condition.
LOCAL AGENCY
As defined in Chapter 255.
LOT
A parcel of land containing a building envelope.
LOT AREA
The total horizontal area contained within and enclosed by the outer boundary lines of any lot; excluding, however, that portion of any lot which is underwater land or which is land lying in, on or under any flagpole (panhandle), street, right-of-way, access easement or other easement prohibiting the erection of buildings or which is seaward of the bluff line or primary dune crest or which is beach, wetland or watercourse.
[Amended 6-5-1992 by L.L. No. 15-1992]
LOT WIDTH
As defined in Chapter 255.
MAN-MADE FEATURES, RESOURCES OR SYSTEMS
Objects or things created or established by human action, including, without limitation, walls, fences, berms, ditches, fields, hedgerows, trails, buildings, roads, streets, highways, parking areas, bulkheads, jetties, groins, docks, utilities and services, all other structures, cemeteries, parks, preserves, recreation areas and all combinations thereof.
NATURAL FEATURES, RESOURCES OR SYSTEMS
All components of the natural environment, including, without limitation, water bodies, drainage courses, freshwater and tidal wetlands, dunes, bluffs, beaches, escarpments, woodlands, shrublands, grasslands, large trees, glacial erratics, unique or unusual plants and trees, wildlife habitat and scenic views or overlook areas and all combinations thereof.
OLD FILED MAP
A subdivision map filed with the Suffolk County Clerk prior to the existence of the East Hampton Town Planning Board.
[Added 5-7-1993 by L.L. No. 9-1993]
OPEN SPACE SUBDIVISION
A subdivision reviewed and approved by the Planning Board in accordance with the provisions of Chapter 193 of this Code.
PANHANDLE
A flag strip.
PLANNING BOARD (BOARD)
The Planning Board of the Town of East Hampton, duly appointed and empowered pursuant to § 271 of the New York Town Law.
PLAT (MAP)
An accurate and complete survey of all lots; streets; natural, man-made and cultural features; reserved areas; easements; and boundaries within a subdivision.
[Amended 11-19-1993 by L.L. No. 32-1993]
PRESERVATION
The protection of natural and man-made features, resources or systems and cultural features in their natural or existing condition for restrictive and nonconsumptive use.
RECREATION, ACTIVE
Recreational use of land requiring its substantial improvement, as for playing fields, tennis courts, swimming pools and the like.
RECREATION, PASSIVE
Recreational use of land requiring little or no improvement, such as establishment of trails, and leaving the land in or near its natural state.
RESERVED AREA
A parcel of land which is set aside in a subdivision in perpetuity as open space for passive recreation, active recreation or common enjoyment by the residents of the subdivision and possible dedication to the Town of East Hampton, for conservation of agricultural lands and continued agricultural use or for preservation or conservation of natural or man-made features, resources or systems in accordance with the purposes of this chapter. A "reserved area" shall not constitute a lot hereunder.
RESIDENTIAL PROPERTY
As defined in Chapter 255.
SETBACK
As defined in Chapter 255.
SINGLE-FAMILY RESIDENCE
As defined in Chapter 255.
STANDARD SUBDIVISION
A subdivision in which all lots comply with the requirements of Chapter 255 of this Code and all other applicable laws and regulations.
STREET
A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, boulevard or otherwise, but not including a driveway or common driveway.
[Amended 12-3-1999 by L.L. No. 33-1999]
(1) 
COLLECTOR STREET- A street which carries traffic from minor streets to arterial streets.
(2) 
MINOR STREET- A street used primarily for access to abutting residential properties.
(3) 
LANE- A street giving access to no more than 24 parcels of residential property and for which all requirements for acceptance are met. (See Road Matrix.)[2]
(4) 
PRIVATE ROAD- A street giving access to no more than 24 parcels of residential property but not improved to the standards required for acceptance into the town's highway system. (See Road Matrix.)[3]
STRUCTURE
As defined in Chapter 255.
SUBDIVISION
The division of any tract, parcel or lot of land into two or more lots, or into one or more lots and one or more reserved areas, whether or not such division creates new streets or extends existing streets.
SUBDIVISION WAIVER (MINOR SUBDIVISION)
The waiver by the Planning Board of full subdivision review in order to divide a tract, parcel or lot of land into no more than four lots, in accordance with the provisions of Articles X, XI and XII of this chapter, or any subdivision of land approved in this manner.
[Amended 11-19-1993 by L.L. No. 32-1993]
SUPERINTENDENT OF HIGHWAYS
The duly elected Superintendent of Highways of the Town of East Hampton.
SYSTEM
Any grouping of interrelated or interdependent natural, man-made or cultural features.
TIDAL WETLANDS
As defined in Chapter 255.
TOWN ENGINEER
The official duly appointed by the Town Board of the Town of East Hampton and deputized by the Planning Board to provide engineering services for the Board, or, if there be no such official, the consulting engineer retained by the Planning Board.
TOWN HIGHWAY SYSTEM
All roads and streets owned and maintained by the Town of East Hampton.
TOWN ROAD
Any of the roads and streets owned and maintained by the Town of East Hampton.
TRAIL
A path, walk or way for hiking, walking, bicycling, skiing or similar recreational pursuit, or an unimproved road or path enumerated on the trail inventory or map which is adopted by the Planning Board as part of the Comprehensive Plan.
TRUSTEES
The duly elected Trustees of the Freeholders and Commonalty of the Town of East Hampton.
UNDERWATER LAND
As defined in Chapter 255.
URBAN RENEWAL PARCEL
A separate numbered parcel of land shown on an Urban Renewal Plan, for which a building permit may be issued if all requirements of the Urban Renewal Plan and of Chapter 255 of this Code have been met.
[Amended 5-7-1993 by L.L. No. 9-1993]
URBAN RENEWAL PLAN
As defined in Chapter 255.
WATERCOURSE
As defined in Chapter 255.
WETLANDS
As defined in Chapter 255.
YIELD
The number of lots into which a tract, parcel or lot of land may be lawfully divided in a standard subdivision approved pursuant to the provisions of this chapter.
ZONING BOARD
The Zoning Board of Appeals of the Town of East Hampton, duly appointed and empowered pursuant to § 267 of the New York Town Law.
[1]
Editor's Note: The Standard Details are set forth in Part 5, Appendix, of this chapter.
[2]
Editor's Note: The Road Matrix is on file in the office of the Planning Board.
[3]
Editor's Note: The Road Matrix is on file in the office of the Planning Board.
B. 
Word usage. Unless the context clearly indicates to the contrary:
(1) 
Subdivision; division. The word "subdivision" shall be deemed to refer also to the word "subdivide" in all of its tenses and conjugations, and the word "division" shall be deemed to refer also to the word "divide" in all of its tenses and conjugations.
(2) 
Tense. Words used in the present tense include the future.
(3) 
Shall, etc. The word "shall" is mandatory and not directory; the words "should" and "may" are permissive.
(4) 
Use. The word "use" refers to any purpose for which a parcel of land or structure, or any part thereof, is arranged, intended or designed to be used, put, occupied, maintained, made available or offered, and for which a structure is erected, constructed, reconstructed, razed, demolished, rebuilt, moved, altered or enlarged.
[Added 12-3-1999 by L.L. No. 33-1999]
Every proposed amendment or change to this chapter, however initiated, shall be referred to the Planning Board for a written recommendation. Such referral shall be made prior to any public hearing which the Town Board may hold on the proposed change and shall be made with sufficient time to allow the Planning Board to consider the proposed change at a regularly scheduled Planning Board meeting and to forward its recommendation to the Town Board prior to the date of any Town Board hearing. If the referral required hereunder is timely made, the Planning Board's failure to make or to forward a written recommendation regarding the proposed change shall not prevent the Town Board from acting upon the proposal.