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:
[Amended 3-15-1991 by L.L. No. 4-1991]
A.
ACCESSORY BUILDING OR STRUCTURE
AGRICULTURE
APARTMENT
BEACH
BLUFF
BOND:
(1)
(2)
(3)
BUILDING
BUILDING AREA (AREA OF BUILDING)
BUILDING ENVELOPE
CLEARING
COASTAL FEATURES AND WETLAND AREAS
(1)
(2)
(3)
CODE (TOWN CODE)
COMMON DRIVEWAY
COMPREHENSIVE PLAN
CONCEPT FOR AN OPEN SPACE PLAT
CONCEPT FOR A STANDARD PLAT
CONSERVATION
CULTURAL FEATURES
DEVELOPMENT
DRIVEWAY
DUNE
DWELLING UNIT
EASEMENT
FAMILY
FEATURE
FLAG STRIP (PANHANDLE)
FRESHWATER WETLANDS
GRADING
IMPROVEMENT
LOCAL AGENCY
LOT
LOT AREA
LOT WIDTH
MAN-MADE FEATURES, RESOURCES OR SYSTEMS
NATURAL FEATURES, RESOURCES OR SYSTEMS
OLD FILED MAP
OPEN SPACE SUBDIVISION
PANHANDLE
PLANNING BOARD (BOARD)
PLAT (MAP)
PRESERVATION
RECREATION, ACTIVE
RECREATION, PASSIVE
RESERVED AREA
RESIDENTIAL PROPERTY
SETBACK
SINGLE-FAMILY RESIDENCE
STANDARD SUBDIVISION
STREET
(1)
(2)
(3)
(4)
STRUCTURE
SUBDIVISION
SUBDIVISION WAIVER (MINOR SUBDIVISION)
SUPERINTENDENT OF HIGHWAYS
SYSTEM
TIDAL WETLANDS
TOWN ENGINEER
TOWN HIGHWAY SYSTEM
TOWN ROAD
TRAIL
TRUSTEES
UNDERWATER LAND
URBAN RENEWAL PARCEL
URBAN RENEWAL PLAN
WATERCOURSE
WETLANDS
YIELD
ZONING BOARD
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
As defined in Chapter 255 of this Code.
As defined in Chapter 255.
As defined in Chapter 255.
As defined in Chapter 255.
As defined in Chapter 255.
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.
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.
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.
As defined in Chapter 255.
As defined in Chapter 255.
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.
As defined in Chapter 255.
NATURAL COASTAL FEATURES AND SYSTEMS- Includes, without limitation, the following;
TIDAL WETLANDS- As defined in Chapter 255.
FRESHWATER WETLANDS- As defined in Chapter 255.
As defined in Chapter 255.
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]
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.
A pre-preliminary plan depicting a proposed open space subdivision conforming to the requirements of Chapter 193 (Open Space Preservation) of this Code.
A pre-preliminary plan depicting a proposed standard subdivision.
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.
Paleontological and archaeological remains; historic buildings,
structures or sites; trails; and agricultural fields.
As defined in Chapter 255.
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]
As defined in Chapter 255.
A single-family residence or an apartment.
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.
As defined in Chapter 255.
Any natural or man-made component of the environment, or
any cultural feature.
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]
As defined in Chapter 255.
As defined in Chapter 255.
Any alteration of land from its natural state or condition.
As defined in Chapter 255.
A parcel of land containing a building envelope.
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]
As defined in Chapter 255.
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.
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.
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]
A subdivision reviewed and approved by the Planning Board in accordance with the provisions of Chapter 193 of this Code.
A flag strip.
The Planning Board of the Town of East Hampton, duly appointed
and empowered pursuant to § 271 of the New York Town Law.
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]
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.
Recreational use of land requiring its substantial improvement,
as for playing fields, tennis courts, swimming pools and the like.
Recreational use of land requiring little or no improvement,
such as establishment of trails, and leaving the land in or near its
natural state.
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.
As defined in Chapter 255.
As defined in Chapter 255.
As defined in Chapter 255.
A subdivision in which all lots comply with the requirements of Chapter 255 of this Code and all other applicable laws and regulations.
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]
COLLECTOR STREET- A street which carries traffic from minor streets to arterial streets.
MINOR STREET- A street used primarily for access to abutting residential properties.
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]
As defined in Chapter 255.
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.
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]
The duly elected Superintendent of Highways of the Town of
East Hampton.
Any grouping of interrelated or interdependent natural, man-made
or cultural features.
As defined in Chapter 255.
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.
All roads and streets owned and maintained by the Town of
East Hampton.
Any of the roads and streets owned and maintained by the
Town of East Hampton.
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.
The duly elected Trustees of the Freeholders and Commonalty
of the Town of East Hampton.
As defined in Chapter 255.
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]
As defined in Chapter 255.
As defined in Chapter 255.
As defined in Chapter 255.
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.
The Zoning Board of Appeals of the Town of East Hampton,
duly appointed and empowered pursuant to § 267 of the New
York Town Law.
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.
