East Hampton City Zoning Code
ARTICLE I
General Provisions
§ 255-1-10 Title.
[Amended 11-15-1996 by L.L. No. 19-1996]
This chapter of the East Hampton Town Code shall be known and may be cited as the "Town of East Hampton Zoning Law" or the "Town of East Hampton Zoning Code."
§ 255-1-11 Purposes.
[Amended 2-1-2024 by L.L. No. 4-2024]
This chapter is adopted for the purpose of promoting the health, safety and general welfare of the people of the Town of East Hampton by regulating the uses of lots and lands and the dimensions, locations and uses of buildings and structures throughout the Town, exclusive of the Incorporated Villages of East Hampton and Sag Harbor therein, in order to achieve the following related specific objectives:
A.
Orderly growth:
(1)
To guide and regulate the orderly growth, development, and redevelopment of the Town in accordance with the Comprehensive Plan and the long-range objectives, principles and goals set forth therein as beneficial to the interests of the people.
(2)
To promote the goal of the Comprehensive Plan to reduce overall build-out to minimize adverse impacts on the Town's infrastructure and municipal budgets, and to protect natural and cultural features.
B.
Proper use of land:
(1)
To promote the utilization of land for the purposes and scale for which it is the most appropriate, ensuring a balance between ownership rights and the responsibility of compatibility with the findings and goals of the Comprehensive Plan.
(2)
To ensure East Hampton Town planning activities, resources and initiatives respond to near-term needs and address emerging trends and challenges, in order to promote the quality of life, and to protect the public's health, safety and general well-being, and the sustainability and resiliency of the Town.
(3)
To identify and prioritize resident and community needs to prevent disorderly growth for the sake of growth.
(4)
To sustain economically viable and aesthetically compatible commercial districts and support their vital role within the community, and to encourage businesses to serve the needs of the year-round population.
(5)
To minimize adverse environmental and quality of life impacts of commercial and industrial uses.
(6)
To protect and promote public access to and usage of publicly owned lands and waters.
C.
Aesthetic attributes:
(1)
To perpetuate and enhance areas of natural beauty.
(2)
To protect, sustain, and restore open vistas and scenic viewsheds for the benefit of the public.
(3)
To sustain and enhance generally those aesthetic attributes and amenities which not only please the eye, but which together are the essence of the locally and nationally recognized character of the Town.
D.
Character:
(1)
To prioritize traditional rural and maritime land use patterns, abundant natural resources and native vegetation, dark skies, coastal and water views, landscapes and pastoral aspects of the Town that define the unique sense of place, and upon which the benefits of the resort and seasonal-home economy are based.
(2)
To sustain and enhance the Town as a desirable, peaceful and attractive place for residents and visitors.
E.
Protection of hamlets and neighborhoods:
(1)
To sustain the long-established and essential character of hamlets and neighborhoods, especially residential neighborhoods.
(2)
To ensure the well-being and quality of life of residents and to protect enduring value of private and public property by promoting uses and scale of development that is compatible and harmonious with rural, natural, historic and resilient land use patterns and with the goals of the Comprehensive Plan.
F.
Housing affordability:
(1)
To provide for and protect in perpetuity economically accessible community housing of the type and in the locations where the same will be most beneficial to people who wish to live and work in East Hampton.
(2)
To enable older community members to retire and remain, and younger generations to stay or return here, and for all to thrive.
(3)
To create and sustain appropriate and ample housing options for the seasonal workforce.
(4)
To ensure that land use regulations do not induce real estate market patterns, home prices or rental rates that make it unsustainable for full-time residents or seasonal workforce to live and work in the Town.
G.
Town sustainability:
(1)
To safeguard the Town's ability to meet the needs of the current population and promote a vibrant local economy without jeopardizing the thriving of future generations.
(2)
To ensure local business owners can continue to operate and residents can and want to continue to live here.
(3)
To protect local ecological integrity and biodiversity and minimize human degradation of natural systems.
(4)
To manage all resources effectively and reduce waste.
(5)
To prioritize and promote preparedness for and recovery from all types of extraordinary natural and man-made events or emergencies.
(6)
To ensure that growth does not overwhelm the carrying capacity of human-made infrastructure or compromise the regenerative capacity of land, waters, and natural systems.
(7)
To sustain and strengthen the diversity, cohesion, resilience, and social well-being of the community.
H.
Coastal resiliency:
(1)
To address fully the Town's vulnerability to rising sea level and groundwater, flooding, and coastal and shoreline erosion and how to prepare for the increasing frequency and intensity of extreme weather events.
(2)
To secure the Town's ability to maintain essential functions and protect critical infrastructure during, and recover after, significant storm effects.
(3)
To optimize management and protections of undeveloped and developed shoreline and coastal areas and waterfront uses, to ensure the protection and expansion of important natural resources buffers, and to ensure public beach access for recreation and quiet enjoyment.
(4)
To promote proactive planning and implementation of adaptation and resilience strategies for areas with coastal vulnerabilities as well as vulnerable inland areas, to plan for migration of at-risk coastal assets, and to ensure, where and when necessary, a just transition for residents.
(5)
To ensure that the Town's land use policy, regulations and decisions are forward looking and will advance preparedness, resilience, public safety, and economic viability by judiciously restraining development of at-risk area and assets and preventing or minimizing near- and long-term risks to property.
I.
Climate change:
(1)
To promote increased adoption of renewable energy sources and reduced dependence on fossil fuels as well as conservation of energy and nonrenewable resources, reduction of consumption and waste, and minimization of polluting and deleterious emissions and effluents.
(2)
To make climate mitigation a guiding principle and objective of all municipal operations and aspects of Town business, as well as all policy, planning and zoning decisions so that residents can live within the constraints of the environment and climate change.
J.
Clean water:
(1)
To prioritize the protection of both surface and ground waters, and to promote understanding that both are linked and integral to sustaining the town.
(2)
To protect and promote the quality of all surface water and wetland systems for the enjoyment and well-being of the population, the integrity of natural resources, and the thriving of fisheries by requiring, sustaining, and, where necessary, restoring a healthful biological and chemical balance throughout the Town's waters.
(3)
To secure groundwater recharge, through the regulation of land use and by other means, to ensure the maximum protection of the Town's aquifer and other recharge areas, thereby assuring a permanent, sustainable supply of clean water for consumption and use by the community, as well as the continuing natural balance and integrity of ecosystems.
(4)
To sustain the natural hydrological patterns of the land across all properties.
(5)
To protect and replenish clean water supply by promoting conservation-oriented use patterns, ensuring the restoration of degraded surface and ground waters, and promoting the most effective technologies to improve and protect water quality.
K.
Natural resources conservation:
(1)
To promote the preservation of natural resources including agricultural land, complete woodland and wetland systems, barrier dunes, duneland, beaches, bluffs, unique topography, soils, meadows, native and keystone vegetation and species, wildlife and their habitats, and other natural features of environmental, ecological, scenic or cultural significance to the community.
(2)
To protect and enhance local and regional ecosystems and biological and ecological diversity by preventing to the maximum extent possible unnecessary disturbance and destruction.
(3)
To promote the restoration, recovery, replenishment and regeneration of natural resources, complex ecological systems, and native flora and fauna where they have already been removed, damaged or degraded.
L.
Historical resources preservation:
(1)
To promote the timely and ongoing identification and protection of the Town's historical, cultural, and archeological resources and its rich architectural heritage across all eras and to prevent further loss.
(2)
To protect the authenticity and preserve the integrity of structures themselves along with the historical association buildings have with each other, with streetscapes and landscapes by promoting compatible development and land use patterns.
M.
Open space protection: Consistent with the Town's goal of protecting natural, scenic, agricultural, historical, and cultural resources and aesthetic benefits for the public, and in order to promote the social and ecological wellbeing of East Hampton:
(1)
To protect and to the extent possible prevent and limit the further unnecessary loss of open space, undeveloped and uncleared lands, and agricultural areas and soils through continuing preservation purchases and conservation tools, as well as through appropriate land use regulation.
(2)
To sustain and encourage current and future active farming for the community.
N.
Safety and health:
(1)
To secure safety from natural and man-made disasters as well as disease and other significant dangers.
(2)
To ensure adequate light, air, peace, and convenience of access for all properties.
(3)
To avoid and remedy the creation of conditions impinging upon the quiet enjoyment and use of property.
(4)
To prevent environmental pollution and other degradation.
O.
Density and congestion:
(1)
To avoid the undue concentration of structures and occupancy.
(2)
To prevent the danger of overcrowding.
(3)
To lessen, and where possible, to prevent traffic congestion.
(4)
To promote and protect orderly movement and the ability to bike and walk easily and safely on streets, roadways, and highways across the Town.
P.
Appropriate review:
(1)
To ensure comprehensive and accurate local governmental review of building, development, and land use proposals while to the extent practicable, provide streamlined, efficient, and timely review.
(2)
To promote effective communication and proper coordination across Town departments, committees and boards, as well as with county and state regulations and agencies.
(3)
To collect and analyze data as a foundation for planning and decisionmaking, and to make that information appropriately transparent to the public to enhance their understanding and engagement.
Q.
Property values: to conserve the value of buildings, to promote the economic vitality of established commercial centers and to sustain the value of land generally throughout the Town.
§ 255-1-12 Authority.
[Amended 5-15-1998 by L.L. No. 20-1998]
This chapter is adopted as a local law pursuant to the authority conferred in Article IX of the New York State Constitution; § 10 of the New York Statute of Local Governments; Article 2, § 10, of the New York Municipal Home Rule Law; Article 36 of the New York Environmental Conservation Law; and Article 4 and Article 16 of the New York Town Law.
§ 255-1-13 Compliance with chapter required.
[Amended 7-21-2016 by L.L. No. 32-2016]
Except as hereinafter specified, in the Town of East Hampton, exclusive of any incorporated village therein, no building or structure shall be erected, constructed, reconstructed, altered, demolished, razed or moved, nor shall any building, structure, lot or land be used or reused, except in conformity with the provisions of this chapter. Failure to comply with these provisions shall constitute a violation of this chapter subject to the provisions of Article X hereof.
§ 255-1-14 Word usage.
Unless the context clearly indicates to the contrary:
A.
Tense; quantity. Words used in the present tense include the future, the singular number includes the plural and the plural the singular.
B.
Person. The word "person" includes a profit or not-for-profit corporation, company, partnership, association, trust, estate, individual or any other legally cognizable entity.
[Amended 11-15-1996 by L.L. No. 19-1996]
C.
Individual. The word "individual" shall mean only a human being.
D.
Shall, etc. The word "shall" is mandatory and not directory; the words "should" and "may" are permissive.
E.
Lot, etc. The word "lot," includes the words "plot," "parcel," "property" and "land."
F.
Structure. The word "structure" includes the word "building."
G.
Use. The word "use" refers to any purpose for which a lot 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, reconstructed, razed, demolished, rebuilt, moved, altered or enlarged. A personal wireless service facility should be considered a "use" whether a structure itself, on a structure or affixed to street furniture such as a utility pole.
[Amended 11-1-2002 by L.L. No. 34-2002]
H.
Used. The word "used" refers to the fact that a lot or structure, or part thereof, actually is being employed for a particular use.
I.
Gender. Words used in the masculine gender (e.g., he, his) shall also refer to the feminine gender (e.g., she, hers).
§ 255-1-20 Definitions.
[Amended 8-16-1985 by L.L. No. 8-1985; 4-4-1986 by L.L. No. 2-1986; 10-16-1987 by L.L. No. 15-1987; 10-16-1987 by L.L. No. 16-1987; 1-20-1989 by L.L. No. 1-1989; 3-16-1990 by L.L. No. 3-1990; 11-16-1990 by L.L. No. 17-1990; 3-15-1991 by L.L. No. 4-1991; 6-7-1991 by L.L. No. 11-1991; 9-24-1991 by L.L. No. 20-1991; 6-5-1992 by L.L. No. 15-1992; 7-2-1993 by L.L. No. 18-1993; 9-17-1993 by L.L. No. 28-1993; 2-4-1994 by L.L. No. 1-1994; 12-2-1994 by L.L. No. 13-1994; 10-6-1995 by L.L. No. 12-1995; 3-15-1996 by L.L. No. 2-1996; 10-18-1996 by L.L. No. 17-1996; 11-15-1996 by L.L. No. 19-1996; 6-19-1997 by L.L. No. 21-1997; 7-17-1997 by L.L. No. 23-1997; 12-18-1997 by L.L. No. 38-1997; 12-18-1997 by L.L. No. 39-1997; 12-18-1997 by L.L. No. 40-1997; 2-10-1998 by L.L. No. 6-1998; 5-5-1998 by L.L. No. 19-1998; 5-15-1998 by L.L. No. 20-1998; 11-6-1998 by L.L. No. 36-1998; 2-9-1999 by L.L. No. 6-1999; 8-6-1999 by L.L. No. 21-1999; 10-19-1999 by L.L. No. 26-1999; 10-19-1999 by L.L. No. 27-1999; 7-7-2000 by L.L. No. 14-2000; 5-17-2001 by L.L. No. 7-2001; 6-14-2001 by L.L. No. 11-2001; 12-20-2001 by L.L. No. 33-2001; 8-2-2002 by L.L. No. 23-2002; 9-15-2022 by L.L. No. 24-2022; 10-4-2002 by L.L. No. 31-2002; 10-4-2002 by L.L. No. 32-2002; 11-1-2002 by L.L. No. 34-2002]; 12-5-2003 by L.L. No. 40-2003; 6-8-2004 by L.L. No. 15-2004; 12-16-2004 by L.L. No. 36-2004; 12-16-2004 by L.L. No. 37-2004; 2-17-2005 by L.L. No. 7-2005; 7-1-2005 by L.L. No. 20-2005; 8-18-2005 by L.L. No. 25-2005; 10-7-2005 by L.L. No. 31-2005; 10-6-2006 by L.L. No. 24-2006; 10-6-2006 by L.L. No. 25-2006; 10-6-2006 by L.L. No. 27-2006; 4-13-2007 by L.L. No. 14-2007; 5-4-2007 by L.L. No. 18-2007; 7-19-2007 by L.L. No. 26-2007; 3-7-2008 by L.L. No. 4-2008; 11-7-2008 by L.L. No. 21-2008; 12-5-2008 by L.L. No. 22-2008; 9-8-2009 by L.L. No. 23-2009; 7-1-2010 by L.L. No. 6-2010; 4-7-2011 by L.L. No. 4-2011; 9-6-2012 by L.L. No. 13-2012; 7-3-2014 by L.L. No. 21-2014; 9-18-2014 by L.L. No. 32-2014; 5-21-2015 by L.L. No. 11-2015; 4-7-2016 by L.L. No. 14-2016; 7-21-2016 by L.L. No. 32-2016; 12-1-2016 by L.L. No. 49-2016; 1-5-2017 by L.L. No. 2-2017; 1-5-2017 by L.L. No. 4-2017; 6-15-2017 by L.L. No. 15-2017; 6-15-2017 by L.L. No. 17-2017; 12-7-2017 by L.L. No. 44-2017; 5-8-2018 by L.L. No. 4-2018; 2-7-2019 by L.L. No. 6-2019; 3-21-2019 by L.L. No. 13-2019; 8-1-2019 by L.L. No. 29-2019; 12-17-2020 by L.L. No. 10-2020; 10-7-2021 by L.L. No. 18-2021; 9-15-2022 by L.L. No. 24-2022; 7-18-2023 by L.L. No. 18-2023; 6-20-2024 by L.L. No. 16-2024; 10-3-2024 by L.L. No. 19-2024; 12-5-2024 by L.L. No. 24-2024]
As used in this chapter, the following terms shall have the meanings indicated:
A building or structure which is customarily incidental or subordinate to a principal building or structure. This term shall not include a private garage attached to a principal building or structure. This term shall not include a building which, in whole or part, is designed, equipped or used for cooking, living or sleeping purposes, unless said accessory building or structure complies with the standards set forth in § 255-11-63 as an accessory dwelling unit or single family residence as accessory to a special historic landmark pursuant to § 255-7-60D. See "principal building or structure." No accessory building or structure, except a pool house, or approved accessory dwelling unit, shall contain any internal plumbing in the form of a bath, shower, toilet, or other plumbing of any kind. An artist studio approved by the Town Planning Board shall be permitted to contain only a sink or sinks.
An apartment established as an affordable housing unit in conjunction with and as an accessory use to a single-family residence as part of the same structure or within a detached structure and that complies with the standards set forth in § 255-11-63.
A use which is customarily incidental or subordinate to a principal use. See "principal use."
(Personal wireless service facility) A siting authority's grant of a siting application or issuance of a written decision denying a siting application.
See “accessory dwelling unit.”
An apartment, single-family residence or unimproved lot, the cost of which makes it available to a moderate-income family as defined herein, specifically, to be considered an "affordable housing unit," the following limits shall apply:
Apartment or residence. An affordable apartment or single-family residence shall be one for which:
The maximum monthly rental (excluding utilities) does not exceed 130% of the Fair Market Rent for Existing Housing[1] promulgated for the Nassau-Suffolk, NY, HUD Metro FMR Area and published annually in the Federal Register by the Secretary of the United States Department of Housing and Urban Development, pursuant to Section 8(c)(1) of the United States Housing Act of 1937 [42 U.S.C. § 1437f(c)(1)] and Part 888, Subpart A, Sections 111 through 115, of Title 24, Subtitle B, of the Code of Federal Regulations (24 CFR 888.111-115). Starting the second year, such an affordable apartment or residence is leased and, thereafter, the maximum monthly rental may be adjusted annually in accordance with the Annual Adjustment Factor[2] published annually in the Federal Register by the Secretary of the United States Department of Housing and Urban Development pursuant to Section 8(c)(2)(A) of the Housing Act [42 U.S.C. § 1437f(c)(2)(A)] and Part 888, Subpart B, Sections 201, 202 and 203(3), of Title 24 of the Code of Federal Regulations [24 CFR 888.201, 202 and 203(3)].
The maximum initial sales price does not exceed the following multiples of the maximum annual aggregate family income for a moderate-income family, based upon the family sizes and minimum required dwelling unit sizes set forth below:
Unimproved lots. The maximum sales price for an unimproved lot shall not exceed the following multiples of $25,000, which base amount shall be revised every January 31 to conform to changes in the consumer price index for all items for the New York metropolitan area:
Size of Lot (square feet) | Multiple of $25,000.00 | |
|---|---|---|
Less than 40,000 | 1.0 | |
40,000 or more | 1.3 |
A building or other structure which is used wholly or primarily for agricultural or animal husbandry purposes and which is located on or adjacent to a lot used for agriculture or animal husbandry. The following shall be included within this definition if principally used in the course of an agricultural or animal husbandry business: barns or other structures used to shelter or store crops, produce, seed, horticultural or nursery stock, fertilizer, pesticides, herbicides, livestock, feed, or agricultural vehicles, equipment and machinery; buildings or structures used for the packaging or shipping of produce, horticultural or nursery stock (but not for food processing or winemaking); greenhouses (including temporary greenhouses); and farm stands.
The cultivation of the soil, as a commercial or business enterprise, for food products and other useful or valuable growths of the field, including field crops, fruits, vegetables, trees, shrubs, plants, and flowers. Agriculture shall be considered a principal use on any lot on which it is conducted, and the on-premises sale of produce at no more than one temporary farm stand shall be considered accessory thereto, provided this activity does not constitute a separate and distinct business. "Agriculture" shall not include the regular slaughtering of animals or the operation of dairy or poultry farms. Compare "animal husbandry."
An airport or heliport and all related facilities, including hangars, offices and parking areas.
As applied to a building or structure, a change or rearrangement of the structural parts or in the exit facilities thereof; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location to another. The term "alter" in its various modes and tenses and its participle form refers to the making of an "alteration." As used in this chapter, "remodel" is synonymous with this definition.
The raising, slaughtering, dressing, packing and/or shipping of cattle, poultry or other fowl, fur- or wool-bearing animals, or other livestock, as a retail or wholesale business, as well as the processing, packaging, shipping and sale of the products of such animals, such as milk, eggs, wool and the like. The operation of a horse farm, as defined herein, shall also be included within this definition.
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to the Federal Communications Commission (FCC) authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station or device authorized under Part 15 of Chapter I, Title 47 of the Code of Federal Regulations.
Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located on a structure, is mounted or installed at the same time as such antenna.
An antenna and associated antenna equipment.
A use that involves as its primary purpose the sale of works of art, pieces of furniture or decorative objects originally made and sold at an earlier period of time.
A room or grouping of rooms arranged and designed with provisions for cooking, living, sanitary and sleeping facilities such that it is suitable for occupancy by a single family on a long-term basis as their principal residence during the period of such occupancy, or which, however arranged or designed, is in fact being used on such basis for such purpose. An entire single-family residence, as herein defined, regardless of its actual occupancy or use, shall not constitute an "apartment" unit. Any unit in a residential cooperative or a residential condominium shall be deemed an "apartment" and not a single-family residence. See "accessory dwelling unit." Compare "motel unit."
An application to the Zoning Board of Appeals for review of the Building Inspector's interpretation of any provision of this chapter or for review of any order, requirement, decision or determination made by him pursuant to this chapter. This term shall not be construed to encompass review of an order, requirement, decision, interpretation or determination made by the Building Inspector pursuant to some other provision of law, e.g., Chapter 102 of this Code or the New York Uniform Fire Prevention and Building Code.
(Personal wireless service facility) A person or entity that submits a siting application and the agents, employees, and contractors of such person or entity.
(Personal wireless service facility) A written submission to a siting authority requesting authorization for the deployment of a personal wireless service facility at a specified location.
The granting by any local agency of a permission required by this chapter to do any act, whether such permission is granted in the form of a permit, an authorization, a license or in any other manner whatsoever.
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this local law,[3] the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
A use that involves as its primary purpose the sale of visual art created by one or more artists, including but not limited to paintings, drawings, photographs and sculptures.
A place of work for people who produce visual art, including but not limited to painters, sculptors, etchers, carvers, weavers, photographers, potters, jewelers, etc.
An accessory use, building or structure detached from the residence on the lot on which it is located, which is used only by an individual working in the fine arts on a professional basis, with a sink or sinks being the only plumbing facilities allowed within.
An unfinished, uninhabited space, used for storage purposes only, which is situated between the top floor and the roof of a single-family residence having a gabled roof.
(Personal wireless service facility) Any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities. Including, but not limited to, zoning approval and building permit.
A business use or establishment which is primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to the regulatory authority of the New York State Liquor Authority. Musical entertainment may be permitted with a music entertainment permit issued pursuant to and subject to the regulations contained in Chapter 117 of the Town Code. Outdoor musical entertainment is only allowed from 1:00 p.m. through 9:00 p.m., unless such musical entertainment is part of a catered affair as herein defined or part of a special event permit issued pursuant to Chapter 151 of the Town Code. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code, but the permanent or temporary removal or relocation of tables and chairs from an establishment to permit dancing or the establishment of an area for dancing shall constitute the creation of a nightclub use subject to the applicable provisions of this chapter. See "nightclub" and "restaurant."
The flood having a one-percent chance of being equaled or exceeded in any given year. See "one-hundred-year flood."
That space of a building which is partly or completely below natural or adjacent exterior grade. Any portion of a basement shall be considered a story if any pilings, pier, or other foundation causes a building to be elevated more than four feet above adjacent natural or adjacent exterior grade.
A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not include any structure that, at the time the relevant applications is filed with the state or local government under this section, does not support or house equipment described in Subsection A and B below. The term also does not encompass a tower as defined in the definitions. Examples include transmission equipment mounted on a rooftop, water tank, silo or other above ground structure other than a tower. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, but is not limited to:
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks); and
Any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in this Glossary that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
All land lying between a body of fresh or salt water and the base of a bluff or dune. In cases where there is no bluff or dune present, then the "beach" shall be all land lying between such body of water and the naturally occurring beach grass, or the upland vegetation if no naturally occurring beach grass is present.
See "beach vegetation."
Beach grass (Ammophila breviligulata), as well as the following plants or lichens: beach heather (Hudsonia tomentosa), beach plum (Prunus maritima), beach pea (Lathyrus maritimus), bearberry (Arctostaphylos uva-ursi), bayberry (Myrica pensylvanica), dusty miller (Artemissia stellariana), seaside goldenrod (Solidago sempervirens), pine barren sandwort (Arenaria caroliniana), and reindeer lichen (Cladonia species).
A structure greater than one foot high made of earth, earthen or similar materials intended for defense, security, enclosure, screening or other similar purposes.
A bank or cliff with a precipitous or steeply sloped face lying landward of a beach or body of water, and having a bluff line at least two feet higher than its base or toe. A "bluff" may extend across all or part of a parcel. For the purposes of this chapter, a "bluff" shall not be considered to encompass barrier sand dunes.
A line extending along the bottom edge of a bluff which to landward slopes sharply up and to seaward slopes gradually to the water.
The natural land contour running along the top of a bluff beyond which to landward the natural land contours resume a gradual slope.
The Town Board, the Planning Board, the Architectural Review Board and the Zoning Board of Appeals (also known as the "Zoning Board" or the "Board of Appeals") of the Town of East Hampton. A board shall also be considered a local agency as the same is defined herein.
A facility for servicing any type of watercraft, as well as providing supplies, provisions, storage and/or fueling facilities, with or without facilities for the retail sale of boats, motors and marine equipment.
A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
One or more buildings or structures, including offices, studios, antennas, transmitters and related facilities designed and used for the origination or the capture and rebroadcast of radio or television signals intended for reception on receivers located within the Town, whether or not such signals are also intended to be received elsewhere. Overseas transmitters or other facilities designed, intended or used to originate or rebroadcast signals only to distant areas shall not be included in this definition.
A structure with a roof supported by columns, posts or walls. An aboveground tank for the storage of gas or liquid shall be deemed to be a "building." Every building is also a structure. See "structure."
The area computed at the maximum horizontal cross section of the main and accessory buildings on the lot, including the area of all roofed porches, terraces and similar features.
A building without a basement or cellar, which is constructed as follows:
The top of the lowest floor of the building is elevated above the one-hundred-year flood elevation.
The means of elevating the top of the lowest floor is either of the following:
The supporting elements described above are built and anchored so that the structural integrity of the building will not be impaired during a one-hundred-year flood.
A building without a basement or cellar, which is constructed as follows:
The bottom of the lowest horizontal structural member of the building's lowest floor is elevated above the one-hundred-year flood elevation.
The bottom of the lowest horizontal structural member of the lowest floor is elevated by supporting the building on pilings, columns or shear walls built parallel to the anticipated flow of floodwaters.
The pilings, columns or shear walls described above are built and anchored so that the structural integrity of the building will not be affected during a one-hundred-year flood.
Fill or solid foundation perimeter walls may not be used to elevate a building in the VE Flood Hazard Zone, although breakaway walls may be installed beneath the building.
A building which contains one or more dwelling units, such as a single-family residence, multiple residence or motel.
Any Town employee appointed by the Town Board as a "Building Inspector" pursuant to Chapter 102 of the Town Code or any other person duly appointed or designated to act as such Inspector.
The line which is parallel or concentric to the street line of the street on which a building fronts, or the edge of any natural body of water if a building is so designated as to front on said body of water, and which passes through the point at which the building is nearest to said street or natural body of water.
The permission granted on behalf of the Town for a person to undertake certain activity, construction or work in relation to a lot, land, building or structure as more fully set forth in § 255-1-30 hereof.
A bus depot or similar facility for embarking or disembarking passengers of a bus line, limousine service, taxi service or other similar business engaged in transporting passengers on the public highways, including any ticket office and all related facilities, including parking areas. This term shall also apply to a storage yard for vehicles used in such business if the yard includes administrative offices and/or fueling facilities, but it shall not be construed to include a taxi company unless the site from which the taxi company operates is also used to embark or disembark passengers and/or includes fueling facilities.
A privately owned facility designed or used for recreational camping on a daily, weekly or monthly basis in tents, automotive camper units or house trailers, but not mobile homes, and in which community sanitary facilities and other necessary services are provided. Compare "park."
A company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services.
A use of land consisting of a building or other structure, with any appurtenant equipment, which is designed or used to wash, wax, polish and/or provide similar treatment to motor vehicles and which is not accessory to a filling station, repair garage or motor vehicle salesroom and lot. A use which is designed or operated to provide the aforementioned services to more than one motor vehicle simultaneously is deemed to be a "major car wash," regardless of whether it is located on a lot containing a filling station, repair garage or motor vehicle salesroom and lot.
An accessory use to a filling station, repair garage or motor vehicle salesroom and lot, consisting of a building or other structure, with any appurtenant equipment, which is designed or used to wash, wax, polish or provide similar treatment to not more than one motor vehicle at any one time.
A below-ground structure for the receipt and recharge of stormwater runoff.
A private gathering of people at a restaurant, with a list of invitees, who are coming together for an event for the benefit of an individual or group organization or to raise money for qualified not-for profit organization, that has no product sponsorship and is not for commercial gain.
See "basement, residential."
The production of chemicals from other chemicals in a plant or factory designed or operated for the purpose, and the production, for wholesale or retail, of products such as plastic, neoprene or vinyl items or products such as tars, oils, varnish, creosote or fiberglass from crude oil or other organic substances.
A vertical structure incorporated into a building and enclosing a flue or flues that carry smoke and gases.
As applied to the act of clearing: the act of removing trees or any part thereof, brush, or other vegetation and/or groundcover from land, whether by any means, including but not limited to digging, scraping, cutting, brushhogging, bulldozing, burning, chemical removal or by any form of mechanical action. As used herein, the term "ground cover" shall include naturally occurring understory vegetation (e.g., lowbush blueberry or huckleberry), as well as leaf litter and other organic detritus.
As applied to an area of land: all land which has been altered from its natural state by the removal of trees, brush, or other vegetation and/or ground cover, including land which is in lawn or from which the ground cover has been removed. As used herein, the term "natural state" shall mean and refer to the natural condition of land without substantial alteration by human activity.
A club whose facilities are located contiguous to a water body and established for the principal purpose of bathing, but excluding any form of aviation, motorboat racing or waterskiing on inland waterways or similar hazardous sports.
A club established for the principal purpose of engaging in such outdoor sports as golf, fishing or hunting, and including tennis and swimming as subordinate uses, but not including any form of aviation, trap-, skeet or target shooting or boating.
A land use owned and operated by a not-for-profit corporation, as defined in § 102 of the New York Not-For-Profit Corporation Law, established for the purpose of enabling its members to engage in certain recreational activities through use of its facilities. The activities shall be limited to club members and their guests and shall not be extended to the general public. The lease of land to a club by any person shall be deemed to constitute operation of a recreation facility on that lot for all purposes of this chapter.
A club or privately run business established for the principal purpose of providing nonenclosed outdoor tennis courts for use by members or by the general public. Such structures as a clubhouse or bath house, pro shop no greater than 200 square feet in gross floor area and/or nonenclosed outdoor swimming pool shall be deemed structures accessory to this use, but restaurants, bars, stadia and arenas shall be prohibited.
A club established for the principal purpose of engaging in recreational boating. The term "yacht club" shall be deemed to include the term "recreational marina" but shall not be deemed to include the term "boatyard," except for the out-of-water storage of member boats.
See "erosion control structure."
The map issued by the Commissioner of the New York State Department of Environmental Conservation ("DEC") pursuant to Article 34 of the Environmental Conservation Law ("ECL"), as the same may be amended from time to time. Said map delineates the boundaries of erosion hazard areas subject to regulation under Article 34 of the ECL.
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V1-V30, VE, VO or V.
The deposit of sand or soil on a beach, dune, or the face of a bluff, in order to restore or replace similar material lost to erosion, and the stabilization of such material by planting beach vegetation. This definition shall include the installation of snow fencing or permeable mesh fencing, the placement of biodegradable fabric mesh or biodegradable gels, and the installation of drains and pipes for the control of water runoff, if these devices are designed and used to allow vegetation to grow upon and stabilize the deposited materials.
Every coastal erosion control structure plus all caissons, catwalks, docks, floating docks, floats, piers, pilings, wharves and other fabrications designed to give access to or through, permit work on or in or facilitate the use of any wetland, barrier dune, bluff or water body. Moorings shall not be included in this definition. Compare "coastal erosion control structure."
Every local law, ordinance or authorized resolution duly adopted by the Town Board of the Town of East Hampton and assigned a chapter number and/or section number for inclusion within the published Code of the Town of East Hampton, regardless of whether or not such law, ordinance or resolution is actually included in the most recently published version of said Code.
Any road now or hereafter designated as a state or county highway and any of the following Town highways: Abrams Path, Accabonac Highway (Old Accabonac Road), Alberts Landing Road, Alewife Brook Road, Atlantic Avenue, Barnes Hole Road, Bluff Road, Cedar Street, Copeces Lane, Cranberry Hole Road, Cross Highway (between Montauk Highway and Skimhampton Road), Cross Highway (between Alberts Landing Road and Fresh Pond Road), Cross Highway (between Fresh Pond Road and Abrams Landing Road), Cross Highway (between Abrams Landing Road and Cranberry Hole Road), Daniel's Hole Road, East Flamingo Avenue, Fireplace Road, Floyd Street, Fort Pond Boulevard, Fresh Pond Road, Further Lane, Hands Creek Road, Hog Creek Road, Indian Wells Plain Highway, Industrial Road (Montauk), Jennys Path, Kings Point Road, Napeague Meadow Road, Navy Road, Neck Path, Northwest Road, Northwest Landing Road, Old House Landing Road, Old Montauk Highway (the segment running through Hither Hills State Park to downtown Montauk), Old Northwest Road, Old West Lake Drive, Sayres Path, Second House Road, Skimhampton Road, Soak Hides Road, South Fairview Avenue, Spring Close Highway, Springs-Amagansett Road (Old Stone Highway), Springy Banks Road, Stephen Hands Path, Swamp Road, Town Lane, Town Line Road, Two Holes of Water Road, Wainscott Main Street, Wainscott Northwest Road and Wainscott Stone Road.
Mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
Mounting or installing transmission equipment on a preexisting structure; and/or modifying a structure for the purpose of mounting or installing an antenna on that structure.
Per Section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video. According to the FCC, these services are "functionally equivalent services." Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.
Any lot containing a nonconforming business use and any vacant or improved lot in a commercial use district, unless the only principal use or uses on that lot are one or more single-family residences. See "residential property."
A mutual ingress and egress which is shared by two or more lots and which provides vehicular access to a public or private street or highway.
(Personal wireless service facility) A tower, base station or utility pole that is not readily identifiable as a wireless communication facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area. Some of the types of concealment found in the Town are faux dormers, faux facades, parapets, steeples, faux chimneys and unipoles/monopoles with canisters.
A room having at least one closet and one window meeting the standards of the Uniform Fire Prevention and Building Code, which is otherwise designed to be used as a bedroom and which is identified on plans submitted to and approved by the Building Inspector as a bedroom.
The changing of the use of all or any part of a building, structure or lot which is being used as a resort, transient motel or multiple residence to a different such use. The offering for sale to the public of title, proprietary tenancy or other similar interests in individual units in an existing motel of any description shall be deemed in all cases to be included in this definition. See "resort," "transient motel" and "multiple residence."
That percentage of lot area covered by any roofed structure measured to the furthest extent of the roof as projected downward to the ground. Cornices, eaves, gutters, chimneys and fireplaces projecting not more than 24 inches from exterior walls shall be excluded from building coverage. Building coverage is computed by dividing the area of roofed structures into lot area. See area of building and lot area; also see "total coverage."[4]
That percentage of lot area covered by the ground floor area of all buildings sited thereon and by all other structures, including parking areas, driveways and all impermeable surfaces. See "building coverage (or lot coverage)"; also see "structure."
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order or measure, for sale at retail on the premises only, and not including the manufacture of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products.
All landscape lighting and tree uplighting that is illuminated during the hours of daylight within the time period of required extinguishment.
The placement, construction, or modification of a personal wireless service facility.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
A structure having as its main purpose the reception of radio signals from orbiting satellites or terrestrial sources. The term shall include all satellite earth stations of whatever configuration. Any base, pedestal, foundation, reflector, amplifier, lens, prism or other device located out of doors and connected to or used in conjunction with a "dish antenna" shall be deemed to be a part thereof.
A delineated, private off-street roadway connecting a house, garage, or other building with the street that contains an area specifically designated for parking. The surface of a driveway may be, but is not limited to dirt, gravel, stone or asphalt. A driveway is not required to meet setbacks.
See "common driveway."
A naturally occurring accumulation of sand in wind-formed ridges or mounds landward of the beach, often characterized by the natural growth of beach grass (Ammophila breviligulata). This definition shall, however, include man-made deposits of sand placed on or landward of a beach for the purpose of "dune" construction.
The dune or line or system of dunes which is located immediately landward of the beach and which forms the first line of defense against flooding caused by abnormally high tides and/or surf. Occasionally one or more relatively small dune forms exist on the seaward side of the barrier dune. For the purposes of this chapter, such dune forms shall be considered to be a subordinate part of the barrier dune. The seaward limit of a barrier dune is the landward limit of its fronting beach. For the purposes of implementing §§ 255-3-40 through 255-3-45, the inland limit of the primary frontal dune occurs at the point where there is distinct change from a relatively steep slope to a relatively mild slope.
The highest line or ridge along the top of the barrier dune.
Any apartment, motel unit, mobile home or single-family residence as defined herein. Any building or discrete space within a building which is used by a family for cooking, living or sleeping purposes or which is designed or equipped to be so used shall be considered a dwelling unit. A two-family residence, for example, is deemed to have two dwelling units.
A nonbasement building i) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or, in the case of a building in Zones V1-V30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building,” even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
The measurement of height above sea level; also AMSL, or above mean sea level.
Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
Any tower or base station as defined in this Glossary, provided that it is existing at the time the relevant application is filed with the state or local government.
Land mobile radio with telephone and data services.
As applied to a building or structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof.
An enclosed structure at the base of the mount within which is housed the equipment for the personal wireless service facility such as batteries and electrical equipment.
As applied to coastal areas of the Town or to coastal processes, the loss or displacement of land along the coastline from the action of waves, currents, tides, wind-driven water, waterborne ice, or other effects of storms, as well as the loss or displacement of such land from the action of wind, rain, runoff of surface waters, or groundwater seepage.
Every structure sited in or under any body of water, or on or near any shoreline, wetland, beach, or bluff adjacent thereto, which is designed to reduce, retard or prevent erosion of the shoreline or the silting or filling in of a natural or dredged harbor or channel. This definition shall be deemed to include all groins, jetties, seawalls, revetments, bulkheads, breakwaters, gabions, and riprap, as well as any other man-made fabrication or device, including one made of geotextile tubes or sandbags, which is designed to reduce, retard or prevent erosion and which is not included in the definition of "coastal restoration project" found herein. An "erosion control structure" shall constitute a "coastal structure" as defined herein.
A vessel used on a commercial basis to take passengers to sea from any port or place within the Town of East Hampton and which returns those passengers to the point of origin without an intervening stop at any port or other land not located in the Town. As used herein, the term "to sea" shall mean into any harbor, bay or other waters within or adjoining the Town of East Hampton, including the Atlantic Ocean. This term shall include a vessel employed on a commercial basis for party-fishing trips (commonly called a "party boat"), a vessel used for sight-seeing trips or tours (e.g., a whale-watching boat), a dinner cruise vessel or a vessel employed on gambling trips outside the territorial waters of the State of New York. Compare "ferry."
(Personal wireless service facility) A constructed tower or base station is existing for purposes of this Glossary if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
Structure. A substantial expansion of a structure shall be deemed to occur in the following circumstances:
Gross floor area: upon making an addition to the structure which increases its gross floor area by 50% or more over the gross floor area which the structure had on the date it first became subject to the provisions of this chapter regulating or limiting its substantial expansion.
Value: upon making an addition to the structure or undertaking a reconstruction, rehabilitation or other improvement of the structure, the cost of which equals or exceeds 50% of the market value of the structure prior to making or undertaking the addition, reconstruction, rehabilitation or other improvement. For the purposes of this provision, if the addition, reconstruction, rehabilitation or other improvement is made following damage to the structure, the market value of the structure shall be that which it had before the damage occurred. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety codes and which are solely necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
Use. A substantial expansion of a use shall be deemed to occur in either of the following circumstances:
Where the use has never previously been made subject to the provisions of this chapter regulating or limiting its "substantial expansion," when there is a "substantial expansion" under either Subsection A(1) or (2) above, of either the principal building or structures or of the aggregate of all buildings and structures on the lot.
Where the use has previously undergone a "substantial expansion" subject to the provisions of this chapter and has been regulated accordingly, when either:
There is an increase of 25% or more in the gross floor area of the principal building or structure or of the aggregate of all buildings and structures on the lot (based upon the gross floor area existing after the previously regulated "substantial expansion"); or
There is an addition of any improvement having a value equal to or greater than 25% of the existing fair market value of either the principal building or structure or of the aggregate of all buildings and structures on the lot.
Passenger ferry terminals. In addition to the other provisions of this subsection regarding substantial expansion of structures or uses, a substantial expansion of a passenger ferry terminal shall be deemed to result from any increase in ferry passenger capacity, as defined in this chapter. Such increase shall be regarded as a substantial expansion regardless of its magnitude and regardless of whether it is due to an increase in the number of ferries using the terminal, the replacement of one ferry with another having a larger capacity, an increase in the capacity of an existing ferry, an increase in the number of ferry trips daily or other cause.
Substantial improvement. The term "substantial expansion" shall be deemed also to include or to refer to the term "substantial improvement."
See "personal wireless service facility."
The area on the ground within a prescribed radius from the base of a personal wireless facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material.
The following shall constitute a family hereunder:
Any number of persons occupying a dwelling unit, provided that all are related by blood, marriage or legal adoption and provided that they live and cook together as a single housekeeping unit; or
Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit, where not all are related by blood, marriage or legal adoption.
A group of persons whose association or relationship is transient or seasonal in nature, rather than of a permanent and domestic character, shall not be considered a family.
A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or, on appeal from an order, requirement, decision or determination made by him, by the Zoning Board of Appeals.
Persons occupying group quarters, such as a dormitory, fraternity or sorority house or a seminary, shall not be considered a family.
A family whose aggregate annual income does not exceed the income limits for lower income families (i.e., families earning no more than 130% of the median family income for a family of that size) promulgated for the Nassau-Suffolk, NY HUD Metro FMR Area and published annually by the Secretary of the United States Department of Housing and Urban Development pursuant to Section 3(b)(2) of the United States Housing Act of 1937 [42 U.S.C. § 1437a(b)(2)] and Part 813, Subpart A, Section 102, of Title 24, Subtitle B, of the Code of Federal Regulations (24 CFR 813.102).
Any number of persons related by blood, marriage or adoption to any owner of record of any dwelling unit.
A temporary open-walled structure not exceeding 200 square feet in gross floor area which is located on a lot being used for agriculture and which is erected, maintained and operated by the owner or the lessee-farmer and from which produce grown or raised on that lot, with or without other produce, is sold to the general public.
An independent federal agency charged with licensing and regulating wireless communications at the national level.
The federal agency that administers the National Flood Insurance Program.
A structure that is not opaque (as defined herein), designed to either define the boundary of, or limit access to, a lot or a portion thereof, but which does not substantially screen such area from view.
A vessel used in the business of carrying passengers between any port or place in the Town of East Hampton and any other port or place without the Town. Compare "excursion boat."
The number of persons which a vessel used as a ferry may lawfully carry as passengers, under the rules and regulations of the United States Coast Guard or other regulating authority then in effect. As applied to a passenger ferry terminal, this term shall mean the maximum number of passengers which could have departed from the terminal on publicly scheduled trips under a "best-day" condition. Ferry passenger capacity for a ferry terminal under a "best-day" condition shall be calculated as follows: (1) determine the passenger capacity of any ferry departing from the terminal on a given calendar day (midnight to midnight); (2) multiply this passenger capacity by the number of departures made by that ferry from the terminal on that day; and (3) add to this number the products of (1) times (2) for every other ferry departing from the terminal on that same day. The use of this formula shall be subject to the following provisos:
The day used in making this calculation shall be that which yields the highest number for the terminal's ferry passenger capacity (i.e., the "best day" in terms of the potential number of ferry passengers departing the terminal on publicly scheduled trips).
Each ferry whose departure is used in making this calculation shall be a ferry which regularly docks at or uses the ferry terminal.
Each departure used in making this calculation shall be a bona fide ferry departure open to the public and shown on the ferry terminal's published sailing schedule.
Any dock, wharf, pier or other place at which a ferry embarks or disembarks passengers, including ticket offices, parking areas and all other related facilities. This term shall not include a facility for embarking or disembarking motor vehicles to or from a ferry.
Any dock, wharf, pier or other place at which a ferry embarks or disembarks passengers and motor vehicles (i.e., trucks, buses, cars and/or motorcycles), including ticket offices, parking areas, queuing aisles and all other related facilities.
Any area of vegetation, including but not limited to areas of turf grass, farms, vineyards, gardens or landscaped areas, which requires planting, mowing, cultivation, weeding, fertilization, pest control or other kinds of regular care and management in order to come into existence or to survive.
A use of land consisting of a building or lot, or part thereof, supplying and selling gasoline or equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities, such as for lubrication and minor repairs and adjustments, and may include a "minor car wash" as an accessory use. No supermarket, delicatessen, convenience establishment or other retail store shall be located on the same lot.
The study and creation of visual works of art requiring highly developed techniques and skills. Such art forms include, but are not limited to, painting, sculpture, printmaking, ceramics and photography.
An official Flood Insurance Rate Map for all or any part of the Town of East Hampton prepared by the United States Department of Housing and Urban Development and the United States Army Corps of Engineers, as the same may be amended or updated by the same from time to time.
A shorefront business renting or selling bait, tackle, boats or other supplies and equipment to anglers for use on the site or at nearby locations; or any private property on which members of the public are charged a fee to fish from a dock, a pier or the shore.
The readying of fish or shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster, but not including other cooking, canning, freezing, smoking or other fish factory operations.
A type of lot (commonly flag-shaped in configuration) in which street frontage is provided by a strip of land which is narrow in relation to the remainder of the lot and which extends from the main body of the lot to the street. A lot which does not physically front on or abut a street, but which has access to a street by means of an easement over other property, shall be deemed to be included in this definition.
The part of a flag lot which provides physical access from the lot to a street and which is narrow in relation to the rest of the lot.
See "flood, one-hundred-year."
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
A walled and roofed building, a mobile or manufactured home or a gas or liquid storage tank that is located principally above ground.
An official map of a community issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
See "flood elevation study."
That flood having a 1% chance of being equaled or exceeded in any given year. This term shall have the same meaning as "base flood."
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above.
Any land area susceptible to being inundated by water from any source (see "flooding").
The land within the Town which is subject to a one-percent or greater chance of flooding in any given year, as determined by the Federal Emergency Management Agency. This area is designated as Zone A, AE or VE on the Flood Insurance Rate Map and includes Zones A, AE and VE in the Flood Hazard Overlay District. This term shall have the same meaning as "base floodplain" or "area of special flood hazard."
The portion of the one-hundred-year floodplain which extends from offshore to the inland limit of a barrier dune, as well as any other area subject to high-velocity wave action from storms or seismic sources, as determined by the Federal Emergency Management Agency. This area is designated as Zone VE an the Flood Insurance Rate Map and is Zone VE in the Flood Hazard Overlay District. This term shall have the same meaning as "coastal high hazard area."
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Has the same meaning as "regulatory floodway."
The top surface of the continuous, weight-bearing construction within a structure or building upon which persons or objects stand, e.g., the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction. A "floor" may be found at each level or story of a building or structure including the basement or cellar.
For all buildings, the gross floor area shall be the cumulative area, in square feet, of every story of the building, measured to the exterior face of the frame or masonry wall, but excluding basements, attics, or spaces with ceilings of less than five feet. Stairwells and interior spaces with a floor-to-ceiling height in excess of 15 feet shall be counted twice.[5]
For all other structures, including porches and roofed patios attached to any building, the gross floor area shall be the horizontal area of the structure, in square feet, measured to its outermost extent.
For principal structures, open-air appendages such as porches and roofed patios attached thereto shall not be included in the gross floor area calculation for such principal structure.
For accessory structures, open-air appendages such as porches and roofed patios attached thereto shall be included in the gross floor area calculation for such accessory structure.
When one or more accessory structures are less than 10 feet from another accessory structure, the total aggregate square footage of the accessory buildings is the gross floor area for the purposes of limitations under § 255-11-23.
When one or more private garage is attached to a principal structure, the total square footage of the private garage in excess of 600 square feet shall be included in the gross floor area calculation of the principal structure.
The area, in square feet, of all floor levels of any dwelling unit, measured from the inside of all walls. In calculating this figure, all porches, patios, garages, breezeways, terraces and other attached and detached accessory buildings or structures shall be excluded.
The floor found at the lowest elevation or level within a building (including a basement or cellar). An unfinished space beneath the first story of a building, with or without a flood-resistant enclosure, usable solely for parking of vehicles, building access or unprotected storage, shall not be deemed to be the building's "lowest floor," provided that any flood-resistant enclosure of such space is built in accordance with the requirements of the Flood Hazard Overlay District (other than the requirements pertaining to floor elevation).
A business use primarily conducted indoors, which provides prepackaged and custom flower and plant arrangements by special order at retail along with accompanying goods such as vases, decorative pottery and similar container items. Items are not grown on site and are not sold wholesale. Usually includes indoor refrigeration units to keep flowers fresh, and delivery vans. Compare "garden center."
A type of retail store, restaurant, tavern, bar, or fast-food or drive-in restaurant which is under common ownership or control or is a franchise, and is one of 15 or more other businesses or establishments within the United States maintaining two or more of the following features:
Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings.
Trademark or service mark, defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices.
Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage, and the like visible from the exterior of the structure.
Standardized interior decor, including, but not limited to, style of furniture, wall coverings, permanent fixtures, displays, and window treatments.
Standardized uniform, including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags).
The width of lot which directly abuts a street. A lot is deemed to front on a street if it directly abuts (i.e., touches) the street. Pursuant to § 255-11-76 hereof, the Planning Board can in certain subdivisions deem a lot to have frontage on a street if it has access to the street by means of a common driveway easement or access easement. Compare Town Law § 280-a, Subdivision 5.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.
Cellular, PCS, enhanced specialized mobile radio, specialized mobile radio and paging. Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.
A sloping or pitched roof of a building having a pitch of at least six inches for every foot of run. The peak of such a roof may be either a point or a line.
An accessory building, or portion of a principal building or structure, used for the storage of motor vehicles and all types of farm machinery and conveyances owned and regularly used by or on behalf of the owner or tenant of the lot on which it is erected and only for a purpose accessory to the permitted use of the lot.
A use of land consisting of a building and any accessory structures, which is used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof. A "repair garage" may include a minor car wash as an accessory use. A home garage employed for personal use shall not be deemed to be included in this definition.
A commercial use of land consisting of the rental of space within a building for the storage and sheltering of motor vehicles and other conveyances, machinery or equipment. A storage garage shall be considered a passive indoor use and shall not encompass any form of outdoor storage nor any repair work or other trade or business carried on within the building. The storage of boats at a marina or boatyard shall not also be considered a storage garage.
A business use consisting principally of the sale or marketing of horticultural commodities (i.e., plants, trees, shrubs or live or cut flowers), whether at retail or wholesale and whether raised on the premises or not. A garden center must include a building in which the business of the garden center is transacted. A garden center may also consist of one or more parcels of land on which no building is situated but on which horticultural products are grown or displayed, provided that any such parcels are located within 500 feet of the lot containing the building.
A structure that is a movable barrier, usually hinged, designed either for closing an opening in a wall or fence; or to allow passage into or out of an enclosed place; or to limit access along a driveway.
An erosion control structure consisting of one or more synthetic textile tubes or cylinders, or sandbag systems which are filled with sand of grain size and composition compatible with surrounding area beaches, sealed, and placed in or on the beach or shore. This term shall specifically refer to such a structure consisting of not more than two tiers of such tubes or bags, layered one atop the other and placed parallel to the shoreline, and having a finished height of no more than six feet above natural grade.
The surface elevation of the land directly next to a structure after the construction of such structure.
The natural grade, prior to construction, next to the proposed walls of a structure. See "grade, natural."
The surface elevation of land at a given point or place before any alteration of the land is undertaken. This term shall have the same meaning as "natural ground level" or "natural ground elevation." See also "grade, highest adjacent."
The removal of some or all of the topsoil or ground cover of a site by hand or machine, whether or not resulting in changes to existing topographical contours. The importation of soil, fill or other materials to a site and/or the redistribution of soil or fill from one part of a site to another shall be deemed to constitute "grading" and shall be included in this definition.
A removable structure or device for the culture and propagation of plants and flowers, consisting of a framework covered with demountable transparent or translucent materials (such as polyurethane sheets or panels) and placed on or in the ground upon supporting poles embedded in a noncontinuous foundation of concrete or similar material. A "temporary greenhouse" shall not be deemed to be an agricultural building but shall constitute an agricultural structure for all purposes of this chapter.
A conventional bedroom with or without bathroom facilities being rented to paying guests located in a single-family residence. Such bedroom shall be at least 80 square feet in area and shall not contain a kitchen or plug-in kitchen appliances. Occupancy of guest rooms shall not exceed a total of two persons, regardless of age, per single-family residence and shall also meet the minimum area requirements set forth in § 255-11-67A(9).
A type of mount that is anchored to the ground or to another surface by diagonal cables.
The linear distance from the rooftop or side of structure where the antenna is attached to the base station or tower and the ground level. For new and replacement utility poles and new and replacement towers, the linear distance from the ground level to the highest physical point on the wireless communication facility, excluding the lightning rod.
The vertical distance measured from natural grade or adjacent exterior grade to the highest point of the highest finished roof or roof railing system, regardless of material, whichever is greater. Or in the case of a structure, to the highest point. The height of any Code-compliant egress shall not be included in this measurement.
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Any building, structure or lot designated by the Town Board as an historic landmark pursuant to § 255-7-25 hereof.
Any structure which is:
Individually listed in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed in the New York State Register of Historic Places; or
Individually listed in a Town inventory of historic places, provided that the Town historic preservation program has been certified by the New York State Office of Parks, Recreation, and Historic Preservation.
Any gainful activity customarily conducted within a dwelling unit by the residents thereof which is clearly secondary to the residential use and which does not otherwise change the character of the building as a residence. Such activity shall be deemed a "home occupation" only if the following requisites are met:
The area devoted to the activity shall not exceed 25% of the gross floor area of the dwelling unit, or 500 square feet, whichever is less.
The activity shall be conducted solely by resident members of the family occupying the dwelling unit, except that up to one additional person may be employed who is not a member of the resident family.
There shall be no external evidence of the activity, including audible noise, other than one announcement sign of a type authorized by this chapter.
Notwithstanding the above, no clinic, hospital, restaurant, breeding kennel, or antique dealer shall be considered a "home occupation." In addition, no retail shop shall be considered a "home occupation"; provided, however, that the business of a private consultant shall be considered a "home occupation," even if it involves the incidental sale of goods or merchandise to clients (e.g., as by a fashion or computer consultant), if (a) the consultant is available to clients only on an individual basis and by prior appointment; (b) the business is neither open to the general public on a walk-in basis nor holds itself to be so; (c) the home is located within a Limited Business Overlay District; and (d) the Town Board shall have accepted a duly executed and acknowledged document in form acceptable to the Town Attorney, which includes a floor plan of the entire premises and identifies the portion used for the private consulting business, and pursuant to which the consultant (i) represents and agrees to operate the consulting business in accordance with the floor plan and this definition of "home occupation," and (ii) grants the Town Building Inspector and Code Enforcement Officer permission to enter and inspect the premises during regular business hours for the purpose of ascertaining the consultant's compliance with this definition of "home occupation." Activities carried on by a resident which are connected with produce of the seas, bays or harbors caught or dug by him, including storage of boats and gear, spreading and mending of nets and other gear, and sale of such produce so gathered, shall constitute a "home occupation." |
The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, as well as the office or studio of a lawyer, architect, artist, real estate broker or salesperson, boat captain, insurance broker or agent, or tutor, provided that not more than two persons are employed by or associated with said office use who are not members of the resident family. Such office shall be entirely contained within the residence structure, and the area devoted to the office use shall not exceed 25% of the gross floor area of the dwelling unit, or 500 square feet, whichever is less. Such office may contain a sink and toilet but shall not have any kitchen, portable cooking facilities, bathing facilities or shower. There shall be no external evidence of the office and associated activity, including audible noise, other than one announcement sign of a type authorized by this chapter. A "tutor" shall mean a teacher offering individual academic, musical, dance or voice instruction. No barber or barbershop, beautician or beauty parlor, biological or other medical testing laboratory, convalescent home, hairdressing or manicuring establishment, mortuary, restaurant, tearoom, tourist home or other business, shop, store, trade or the office of any person professionally engaged in the purchase or sale of goods shall be considered a "home professional office." An artist's studio shall constitute a home professional office for the purpose of this definition, but such studio shall not be limited to any particular percentage of the ground floor or total floor area of the residence of which it is a part, or it may be located in a detached structure on the same lot as the residence, provided that the conditions set forth in § 255-11-88 of this chapter for such oversized or detached artist studios are at all times strictly adhered to.
See Appendix L1, Figure A.[6]
A business use of a lot for any of the following purposes: boarding, breeding, raising or training of horses. The use shall not include letting horses for hire to individuals or groups, the giving of horseback riding instructions, or any other activity defined herein as a riding academy. The operation of a horse farm shall constitute "animal husbandry" as defined herein.
See "motel."
An unshielded light bulb or fixture mounted on a residence within five feet of a doorway, or on any residential building within five feet of a doorway, which produces a maximum of 900 initial lumens (approximately 60 watts incandescent or 13 watts fluorescent) or a light mounted on a residence within five feet of any doorway or on any residential building within five feet of a doorway which is fully shielded. A "PAR" bulb light, spotlight or floodlight shall not be considered a house light.
A towable dwelling on a vehicular chassis, provided with some or all of the following mechanical systems and equipment: plumbing, heating, air conditioning, electrical, cooking and refrigeration; but which is neither connected to an external sewage disposal system nor connected to an external electrical source. Any house trailer which is not in a readily movable condition, or which is connected to an external sewage disposal system or to an external electrical source, or which, however equipped, is used for living purposes while located on the same parcel of land for more than 14 consecutive days, shall be deemed to be a mobile home for all purposes of this chapter. A house trailer is 400 square feet or less when measured at the largest horizontal projections.
Area surface with smooth ice for skating, hockey or curling. An ice rink may be either:
Tier one ice rink. An ice rink that:
Is a legally existing playing court;
Is less than or equal to 7,200 square feet in iced area;
Has a barrier surrounding the iced area that is less than 36 inches in height;
Has a refrigeration unit or auxiliary power generation source that emits 50 dBA or less as per the manufacturer's specifications;
The refrigeration unit or auxiliary power generation source requires no additional fuel source to support the ice rink;
Is not illuminated at night; and
Has no accessory structures associated with the ice rink.
Tier two ice rink. An ice rink that:
Exceeds 7,200 square feet in iced area;
Has a barrier surrounding the iced area that exceeds 36 inches in height;
Is illuminated at night;
Has music;
Has a refrigeration unit or auxiliary power generation source that emits more than 50 dBA as per manufacturer's specifications;
Requires an additional fuel source to support the ice rink (e.g., fuel tank, natural gas line);
Has additional accessory structures (e.g., storage or Zamboni shed, additional fencing); or
Creates a new access to the property.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
A unit of measurement of the redness or blueness of white light. The lower the Kelvin number, the more yellow and red will be seen; the higher the Kelvin number, the bluer the light will look.
A building or buildings, and the structures and uses accessory thereto, for experimentation in pure or applied research, design, development, sampling and testing of air, water or substances or for testing and production of prototype machines, devices, substances or products.
See "historic landmark."
Standard and low-voltage lighting that is designed to illuminate foliage, pathways and landscape features that do not exceed 2,700 Kelvin and 550 initial lumens (approximately one incandescent 40-watt bulb) per fixture on a residential lot. All foliage and landscape feature light fixtures shall be fully shielded, extinguished from 11:00 p.m. to the hour before sunset, but no earlier than 4:00 p.m. the following day, and such light sources shall not be visible across the property line. Driveway stanchions located within five feet of the property line must not exceed 200 lumens (approximately 25 watts incandescent) each.
A type of mount that consists of multiple legs and cross-bracing of structural steel.
Radiant energy in the visible spectrum, artificially generated by electricity or gas flame.
The origin of light and its housing, such as an electric filament in a glass bulb.
A complete lighting unit consisting of one or more light bulbs together with the parts designed to distribute light, position and protect the lamp, and connect the lamp to the power supply. A light fixture may include a ballast, the mounting apparatus, and photocells or sensors, if any. Also known as a "luminaire."
A light fixture with an opaque shield above the light source so that, as designed and installed, the light fixture projects all its light below the horizontal plane. Full cutoff fixtures are considered fully shielded. See Appendix L1, Figure B.[7]
A light fixture which is not fully shielded and, as installed, emits at least some light above the horizontal plane. Also classified as a cutoff, semi-cutoff or non-cutoff light fixture. See Appendix L2.[8]
As used in this chapter, and unless otherwise specified, shall mean exterior lighting produced by artificial means.
The light-emitting parts of a light fixture, consisting of the bulb, filament and any transparent, translucent or frosted elements (covering over the light bulb) as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light.
A dust-free space at least 12 feet wide and 40 feet long, having a minimum fourteen-foot vertical clearance for loading and unloading vehicles. No such space required by this Code or depicted on any site plan shall constitute a parking space for the purposes hereof.
The person appointed by the community to administer and implement this local law[9] by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
Any agency, authority, department, bureau, board, body, employee, officer or office of the government of the Town of East Hampton, exclusive of any incorporated village therein.
A parcel of land of any size whatsoever physically capable of being occupied by one or more principal buildings and accessory buildings or uses, regardless of whether any particular use, building or structure is permitted thereon under the provisions of this chapter.
The total horizontal area contained within and enclosed by the outer boundary lines of any lot; provided, however, that, for any purpose for which it must be calculated under the provisions of this chapter, "lot area" shall not include the following:
That portion of a lot which is underwater land.
That portion of a lot which lies in, on or under any street, right-of-way, common driveway easement or access easement.
That portion of a lot which is burdened by a private easement prohibiting the erection of buildings.
That portion of a lot which lies seaward of the bluff line or primary dune crest, except in those areas designated in § 255-4-40C where lot area shall exclude that portion of the lot that is seaward from the base of bluff.
That portion of a lot which is beach, wetland or watercourse, as defined herein.
Except for the exclusion of underwater land, the above limitations on calculated lot area shall not be applied in determining the applicable bluff setback for any lot. |
A lot at the junction of and fronting on two or more intersecting streets having an interior angle of less than 135° at their intersection, or a lot abutting a curved street where the tangents to the curve at the points of intersection of the side lot lines intersect at any interior angle of less than 135°, or any lot formed in part by a waterfront lot line and a street right-of-way line which intersect.
See "flag lot."
A line forming the boundary between one lot or parcel of land and a lawfully separate lot or parcel, including the right-of-way of any public or private street; a property boundary. See "front lot line," "rear lot line" and "side lot line."
A street right-of-way line at the front of a lot, except that in the case of a waterfront lot other than an oceanfront lot, any waterfront lot line shall be considered a front lot line. A lot which fronts on more than one street, such as a corner lot, may have more than one front lot line.
A lot line opposite a front lot line.
Any lot line other than a front or rear lot line.
A lot extending from one street frontage to another street frontage or to a municipal off-street parking lot frontage.
The length of the shortest line which can be drawn from side lot line to side lot line of a lot which touches the building line at any point.
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this local law.[10]
A measure of light energy generated by a light source. The initial lumen rating of a lamp or light bulb is provided by the lamp manufacturer.
Antenna, support structures or base stations which are larger than the parameters set for small wireless facilities defined in the Glossary.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "recreational vehicle."
Has the same meaning as "mobile home park."
A facility for the berthing and fueling of any type of watercraft not prohibited by Chapter 246, Waterways and Boats, of this Code. The term "marina" shall not include the term "boatyard," nor include out-of-water boat storage, restaurant or repair facilities, motels, apartments or similar activities or uses. One single-family residence or apartment for the owner or manager as an accessory use shall be permitted if the subject lot area is at least 84,000 square feet. One on-site tackle shop and/or marine supplies store shall also be permitted.
A unit that is mounted to a dock to provide multiple services such as electrical power, television, water, telephone services, and lighting to a docked boat at a marina or recreational marina as defined in § 255-1-20. Any new marina power pedestal light fixture must be louvered or have a low-brightness option and may not exceed 900 initial lumens (approximately two seven watts or one 13 watts florescent).
A marina whose use is limited to recreational boats. Licensed charter fishing boats and commercial fishing boats up to 60 feet in length may be accommodated, but other vessels of any description which require a license from the United States Coast Guard to operate shall be prohibited.
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
Any personal wireless service facility that is designed to provide service for a radius of 0.5 mile or less.
A transportable single-family dwelling originally equipped with or having a vehicular chassis and provided with some or all of the following mechanical systems and equipment: plumbing, heating, air conditioning, electrical, cooking and refrigeration. A mobile home shall constitute a building for the purposes of this chapter. A modular or prefabricated home meeting all applicable federal, state and local codes shall not be construed to be included in this definition. Compare "house trailer."
A residential land use designed for the location of two or more mobile homes in designated spaces and including appurtenant facilities and accessory services for residents only. The subdivision of the land so that individual spaces constitute lots shall not be permitted.
One type of self-supporting mount consisting of a single shaft of wood, steel or concrete and antennas at the top and/or along the shaft.
A business or commercial use of a lot consisting of a building or group of buildings, whether detached or connected, which contains one or more individual motel units arranged or designed to be made available as sleeping or living quarters for paying customers on a daily or weekly or two-week rental basis, or which, however arranged or designed, is in fact being made available for such purposes on such basis; provided, however, that nothing herein shall prohibit occupancies in any "motel" for periods of longer than two weeks. A building or buildings arranged or designed for use as a hotel, a rooming house, an inn or another similar business shall be deemed to be a "motel" and included in this definition. A single-family residence which is rented to, or occupied by, a tenant or tenants for a term of not more than two weeks, on three or more occasions during any six-month period, shall be deemed to be unlawfully operating as a "motel" for all purposes under this chapter, and no such use, however long maintained, shall be deemed to give rise to a nonconforming "motel" use or to any vested right to use the residence for any purpose not specifically authorized in § 255-11-63 of this chapter.
A motel, no unit of which has a kitchen or plug-in cooking facilities, and which has no other individual or centralized kitchen or laundry appliances located or maintained anywhere on the premises. Further, the habitable area of any individual unit in any such "transient motel" shall not exceed 450 square feet, exclusive of porches, patios, garages, breezeways, public hallways, terraces and other accessory structures. A restaurant shall be permitted on the same lot as a "transient motel" only if both uses are permitted in the district and the area of the subject lot is large enough to accommodate two or more uses under the provisions of this chapter. No residential cooperative or residential condominium as defined herein, regardless of its physical description or the manner in which its units are being managed or rented, shall be deemed to constitute a "transient motel" for the purposes of this chapter. Compare "resort" and "multiple residence."
A room or rooms in a motel arranged or designed to be available as a sleeping or living quarter for paying customers on a daily, weekly or two-week basis, or which, however arranged or designed, is in fact being made available for such purposes on such basis. Any "motel unit" constructed, reconstructed or remodeled after the effective date hereof shall have a livable floor area of not less than 325 square feet nor more than 450 square feet. Compare "apartment."
The structure or surface to which antennas are attached.
A grouping of three or more permitted or special permit business uses on a single lot (or on two or more adjacent lots which when combined make a single site) carried out in accordance with an approved master site plan for unified parking, pedestrian circulation, drainage, waste disposal, landscaping and the like.
A grouping of three or more permitted or special permit industrial uses on a single lot (or on two or more adjacent lots which when combined make a single site) carried out in accordance with an approved master site plan for unified parking, pedestrian circulation, drainage, waste disposal, landscaping and the like.
A residential use of land consisting of a building or group of buildings, whether detached or connected, containing two or more individual apartments. Any two-family residence, as well as any apartment building, project or complex, shall be deemed included in this definition. A single-family residence with an accessory dwelling unit established in accordance with § 255-11-63 shall not be deemed included in this definition. See "resort" and "motel."
As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
A tract of uncleared land surrounded by cleared land or connected to a larger uncleared area by an uncleared strip.
The Town of East Hampton Office of Natural Resources established pursuant to Chapter 180 of this Code, or such other term by which this bureau or agency of Town government shall be known. References herein to the "Natural Resources Director" shall, where the context requires, refer also to the Natural Resources Department and vice versa.
The duly appointed Director of the Department of Natural Resources, any other Town employee duly appointed or designated to act as such Director or, unless the context clearly indicates to the contrary, the nominee or agent of such Director.
All lands under salt water which extend seaward from the mean low water line, in a direction perpendicular to the shoreline, for a horizontal distance of 1,000 feet or to a point where mean low water depth is 15 feet, whichever is greater.
For the purpose of applying the regulations applicable in the Flood Hazard Overlay District, any structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.
An establishment primarily engaged in providing entertainment (e.g., music, dancing, comedians, etc.). The accessory or incidental sale of alcohol, drinks, food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code. See "restaurant."
A building or structure lawfully existing on the effective date of this chapter, or any amendment thereto affecting such building or structure, which does not conform to one or more current dimensional regulations hereof for the district in which it is situated, irrespective of the use to which such building or structure is put.
Any lot lawfully existing in single and separate ownership on the effective date of this chapter, or any amendment thereto affecting such lot which does not conform to one or more current dimensional regulations hereof for the district in which it is situated. If at any time after the arising of such nonconformity, such lot shall be held in the same ownership as one or more adjoining parcels, it shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the adjoining parcels shall remain nonconforming in the same respect and unless exempted from merger by the provisions of § 255-1-43 hereof. A lot created by subdivision approval of the Planning Board pursuant to Chapter 193, Open Space Preservation of this Code shall not be deemed a nonconforming lot, since the dimensional regulations pertaining thereto have been modified by the Planning Board pursuant to Chapter 193.
Any use of a building, structure, lot, land or part thereof lawfully existing on the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to one or more current use regulations hereof for the district in which it is situated. Permission to temporarily conduct or continue a prohibited use granted by the Zoning Board of Appeals prior to the effective date of this chapter, or any amendment thereto, shall not be construed to establish a "nonconforming use" as herein defined, and, therefore, any such permission and the use which it authorized shall terminate upon the expiration thereof.
Any industrial use which is not specifically listed on a Use Table in Article XI as prohibited in the Commercial Industrial District, and which, if established, will at all times be able to comply with all requirements of Chapters 180 and 185 of this Code, as well as all requirements of federal, state and local law which are applicable to it.
A building or buildings, together with any accessory uses, buildings or structures, used as an organized instructional facility for five or more enrolled children other than the children of the resident family and not furnishing sleeping facilities except to the resident family. For the purposes of this chapter, a day-care center or similar facility for young children shall be considered a "nursery school" and included in this definition.
Has the same meaning as "base flood."
A structure is defined as "opaque" for purposes of this chapter when more than 30% of the surface area of the structure is impervious to the passage of light, air or water.
A structure such as a porch, gazebo or patio, that may be roofed, but that is permanently open on all sides of the structure unless it legally shares one wall with a dwelling or one accessory structure. A side that is framed to accommodate screens is considered permanently open, unless the frames are also fitted to accommodate windows or other impermeable materials. A side that is fitted with folding, accordion or sliding doors is not considered permanently open.
A private subdivision of land reviewed and approved by the Planning Board in accordance with the provisions of Chapter 193 of this Code.
A Town employee, designated by the Town Board to be a member of the Ordinance Enforcement Department, who shall be selected in accordance with the civil service laws of the State of New York. "Ordinance Enforcement Officer" is to be considered a local title encompassing all relevant titles and hiring lists utilized by the Town of East Hampton and published by the Suffolk County Department of Civil Service, including but not limited to: Ordinance Enforcement Officer, Ordinance Inspector, and Code Enforcement Officer. Such an employee must also be a New York State Certified Code Enforcement Official in accordance with current state law.
Any time between the hours of 1:00 a.m. and 6:00 a.m.
A small radio receiver designed to be carried by a person and to give an indication when activated by the reception of its specific code. Some pagers also transmit a signal acknowledging that a message has been received.
Transmission of coded radio signals for the purpose of activating specific pagers.
Parabolic aluminized reflector. Commonly referred to as a "spotlight" or "floodlight." See Appendix L2.[11]
A property which is either publicly owned or which is owned and managed by a not-for-profit entity for the public benefit, and which is maintained in a substantially undeveloped state for the use, enjoyment, or appreciation of citizens. A park may have installed thereon recreational, interpretive, or historic buildings and structures, and other improvements designed to facilitate active or passive recreation, historic, or environmental interpretation, picnicking, festivals, concerts, or other outdoor activities, provided that the property remains substantially undeveloped. A camping area may or may not be included. Compare "camping ground."
A dust-free off-street space sufficient in size to accommodate one parked motor vehicle and having an area of not less than 180 square feet.
Those excessively high tides or spring tides caused by lunar gravitation and related physical phenomena.
A specific main use of a building, structure, lot, land or part thereof which this chapter sets forth as being a permitted, specially permitted or accessory use in one or more land use districts. Any other use shall be a prohibited use in that district.
An antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provide on a stand-alone basis or commingled with other wireless communication services.
Any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services.
Any owner, builder, architect, lessee, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction, maintenance or use of any structure, building or property, so long as such person or entity has the apparent power and authority to control the manner in which the structure, building or property is constructed, maintained or used.
A driveway or walkway composed of cinders, gravel, stone, shells, chips or similar material, with or without a marl base, which is at least partially permeable to rainwater and snowmelt.
An upright structure that supports a gate or is used for ornamentation at the entrance of a property. In calculating height of a pillar such includes any and all ornamentation and/or light fixtures placed upon the pillar.
A development of industrial land involving the subdivision of a large lot into five or more lots, each of which is at least 20,000 square feet in area.
The Town of East Hampton Department of Planning established pursuant to Chapter 50 of this Code or such other term by which this bureau or agency of Town government shall be known. References herein to the "Planning Director" shall, where the context requires, refer also to the Planning Department and vice versa.
A structure, or part thereof, which is designed or used for playing sports and consists of a playing surface of 375 square feet or more. All associated netting, fencing, backstops and other improvements shall be considered part of the playing court. Tennis courts, handball courts, racquetball courts, volleyball courts, ice rinks and other similar facilities shall be deemed included in this definition.
An accessory building or structure customarily incidental to a pool or spa use, and which internal plumbing is allowed. A pool house cannot exceed 200 square feet in gross floor area, and open-air appendages such as porches and roofed patios are permitted up to an additional 400 square feet. Only one pool house is permitted per lot and shall not attach to any other accessory structure. No cooking facilities shall be permitted within the enclosed portion of the pool house, and outdoor barbecues shall be permitted within the open-air appendages only.
A structure that serves as a support or point of attachment for a fence or wall.
See "dune, barrier."
A main building or structure, including any garage attached thereto, devoted to a principal use on a lot. A single-family residence shall always be deemed a principal building. See "single-family residence."
At least 51% of the actual cash value of the structure, excluding land value, is above the ground.
A main or primary use to which a lot is put. Each and every single-family residence, wherever located, shall be deemed to constitute a separate principal use. See "single-family residence" and "principal building or structure."
A use of a building, structure, lot or land or part thereof which is not a permitted, special permit or accessory use and is, therefore, unlawful. Any use which is either not listed in a district or which is listed there as prohibited shall constitute a "prohibited use" therein.
A governmental or privately owned nonnuclear power plant; electrical substation; water well site or pump house; water tank; water or sewage treatment plant, utility company headquarters, branch office, garage or storage barn; telephone exchange; communications center; antenna farm; broadcast facility as herein defined; or any other similar land use providing for the distribution or supply to East Hampton residents of utility-type or communications services, except for personal wireless services and the personal wireless service facilities deployed in those services, as defined in this section. Fuel storage in tanks as a main use shall not be included in this definition.
A range of frequencies that are allocated to be transmitted/received through the air without wires, with the use of transmitters/receivers and associated antennas. Radio waves are generated for fixed and/or mobile communication. A frequency or band of frequencies suitable for use in telecommunications.
The electromagnetic energy radiated from an antenna or antenna array. This radiation is part of the radio waves that are the means by which information is transported without wires by personal wireless service facilities.
Someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies.
A railroad train station, including rail yards and rail freight facilities whether or not associated with passenger rail service, and all parking areas and related facilities.
The removal and replacement, in place and in kind, of all or a substantial part of a preexisting building or structure. The rebuilding in place and in kind of all or a substantial part of a building or structure which has been damaged or destroyed shall be included in this definition. If the cost of the work in question exceeds 50% of the full replacement cost of the structure as estimated by the Building Inspector, it shall be deemed to involve a "substantial part" of the building or structure. Appeals of the Building Inspector's percentage determination of replacement cost may be made to an emergency appellate panel created pursuant to Town Board resolution. Appeals from that panel may be made to the Zoning Board of Appeals. The word "reconstruct" in its various modes and tenses and its participle form refers to the undertaking of a "reconstruction."
Has the same meaning as "house trailer."
An indoor or outdoor privately run business, which may involve large amusements areas, rides, playing fields, courts, arenas, stadia or halls, designed to accommodate sports and recreational activities and including, by way of example but not by way of limitation, bowling, dancing, ice-skating and roller-skating and outdoor sports, recreational pursuits and athletic competitions generally. This definition shall include gymnasiums, health spas, shooting ranges, the lease of land by any person to a club and tennis facilities not conforming to the definition of a "tennis club."
An indoor privately run business offering billiards, games or amusements.
Any land or structure, or part thereof, exceeding 300 square feet in area and used for the collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage or salvage of inoperative machinery or vehicles which are unregistered or not in running condition or for the sale of the parts thereof. The existence on any residential lot of three or more unregistered automobiles not housed within a building shall be deemed to be an unlawful "recycling and scrap yard" use of such lot. Public sanitary landfills and the structures located thereon shall not be included in this definition.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 255-3-43D(2) of this chapter.
A type of resort or multiple residence in which persons have exclusive ownership of particular apartments (units) and, in addition, an interest in the common elements associated with the building or buildings in which the apartments are located, regardless of whether and in what manner the apartments are managed, leased or otherwise made available for use by persons other than the owners thereof. Interval, timesharing or other similar forms of ownership and use shall be deemed included in this definition.
A type of resort or multiple residence in which persons have an ownership interest in the entity which owns the building or buildings and, in addition, a lease or occupancy agreement which entitles them to occupy a particular apartment therein, regardless of whether and in what manner the apartments are managed, leased or otherwise made available for use by persons other than the owners thereof. Interval, time-sharing or other similar forms of ownership and use shall be deemed included in this definition.
An accessory use to a single-family residence which is devoted to the acquisition, conservation, study, exhibition and educational interpretation of objects, but not the sale of such objects, having scientific, historical or artistic value or where works of art, scientific specimens or other objects of permanent value are kept and displayed, which is open to the public on a limited basis. In order to qualify as a residential museum, the museum must be approved under IRC Section 501(c)(3).
Any lot in any district on which there are located one or more single-family residences as the only principal use or uses on the lot, and any vacant lot in any single-family residential district.
A land use consisting of:
A motel which, because of the size of any dwelling unit, the existence in any unit or elsewhere on the site of any feature or improvement or any other reason, is not a transient motel as the same is defined herein;
A multiple residence (other than a multiple residence created pursuant to Chapter 193 of the Code in an open space subdivision) which, in whole or in part, is a residential cooperative or residential condominium as the same are defined herein; or
A use in a building having as its sole purpose the preparation and serving of food for consumption on the premises within furnished dining areas, and including as a possible accessory the serving of alcoholic beverages with meals. Musical entertainment may be permitted with a music entertainment permit issued pursuant to and subject to the regulations contained in Chapter 117 of the Town Code. Outdoor musical entertainment is only allowed from 1:00 p.m. through 9:00 p.m., unless such musical entertainment is part of a "catered affair" as herein defined or part of a special event permit issued pursuant to Chapter 151 of the Town Code. The permanent or temporary removal or relocation of tables and chairs from an establishment to permit dancing or the establishment of an area for dancing shall constitute a nightclub use subject to the applicable provisions of this chapter, unless the event held at the restaurant is approved as a "mass gathering" pursuant to Chapter 151 ("Special Event Permit") of this Code or is a "catered affair" as defined herein. A "restaurant" shall not be construed to include any form of drive-in, open-front or curb-service eating establishment or any form of nightclub or similar entertainment establishment.
A use in a building in which food is preprepared and sold over a counter in disposable containers and wrappers, selected from a limited menu for immediate consumption on or off the premises, without table service by waiters or waitresses. A fast-food restaurant may have a drive-in or drive-through service window at which a customer can place an order from a motor vehicle or can receive her purchase at the vehicle. This term shall not include a take-out food store.
A use of land, within a building, in which goods are offered for sale to the general public as takeout items. Goods sold at a "retail store" may include hardware, drugs, food and beverages, furniture and furnishings, apparel, appliances, sporting goods, office products, books or other media, and similar products or merchandise. Minor repair service within the establishment may be undertaken in connection with product sales. See "superstore" and "take-out food store."
The restoration/reestablishment of the floral component of an ecological community in areas within the Town of East Hampton where some or all of the natural vegetation has been removed. Typically, this process consists of planting indigenous trees and shrubs at a sufficient size and density to mimic an adjoining or nearby plant community in appearance and/or function. Most ecological communities are characterized by woody vegetation but some (i.e., grasslands, tidal marshes, etc.) may be characterized by herbaceous vegetation. Revegetation is distinct from landscaping which frequently utilizes ornamental species in a manner that emphasizes aesthetics over habitat value, natural distribution or ecological function.
A business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows and other equine events on other than a one-time basis. Uses listed under the definition of "horse farm" in this section may also be included, provided that all conditions for the establishment and maintenance of such horse farm use found in this chapter are met.
See "dune."
A church, community center, day-care center, geriatric home, hospital, library, museum, cemetery, clinic or medical arts building, fraternal brotherhood hall or lodge, college, university, school, nursery school or any similar nongovernmental building or use impressed with a predominantly public character, and all accessory structures and uses associated therewith.
A place of work for building trade shops or contractors, including but not limited to electrician, plumbing, landscaping, building and construction contractors' shops.
The distance which this chapter requires be maintained between a property line, natural feature or other described place or thing and the nearest point thereto of any building, structure or other named improvement.
A line parallel to, or concentric with, a property line, natural feature or other place or thing from which this chapter requires a setback, lying always at a distance therefrom equal to such required setback.
Any kind of repetitive shooting at targets, including trap and skeet, using legally authorized firearms. "Shooting" shall not include the hunting of game birds and animals.
Alternatives to monopoles or guyed and lattice towers, such as masts or poles. For example, two poles or three masts might be an alternative to one lattice tower.
That portion of any building or structure or any billboard, signboard, sandwich board, banner, pennant or other temporary or permanent object, shape, device, image or merchandise display used as advertisement, announcement or direction and all text, symbols, shapes, lights, marks, letters or figures affixed thereto, painted thereon or incorporated therein. "Signs" inside of windows which advertise temporary prices, sales and the like and which are not permanently affixed shall be deemed not to be included in this definition. Any motor vehicle habitually parked so that markings, signboards, merchandise, images, etc., positioned thereon or located therein as business advertising may be viewed from an adjacent street or highway shall be deemed to constitute a "sign." Any vending machine located on premises occupied by a business shall not be deemed a "sign," provided that the same is not illuminated. Illuminated machines shall be deemed "signs" and shall be subject to all provisions set forth in the Town Code regulating signs.
An outdoor sign located elsewhere than upon the same lot upon which the business advertised is located which is not a directional or temporary sign permitted pursuant to this chapter.
A sign which directs attention to a business, a public or semipublic facility, a special permit use in a residential district or a realty subdivision and which is located on the property on which the use which it identifies is located.
An off-premises sign displaying the direction and/or distance to a business or realty project.
An exterior sign illuminated by a light source or light sources enclosed within the sign cabinet.
A sign displaying the location of, or the direction to, features on the business lot on which the sign is located or marking on-site parking areas, traffic circulation patterns or the like. No sign containing a directory of on-site business, nor any other business sign, shall be considered an "informational sign."
A type of building permit issued by the Building Inspector and authorizing the erection, construction, reconstruction, alteration or moving of a sign.
A sign which directs attention to a resident's home, a home occupation or a home professional office.
A type of temporary sign advertising the availability for sale or rental of a realty subdivision, a parcel of land or a lot or improvements thereto during the period of such availability or describing construction activity or naming a firm doing work related to construction on the premises on which the sign is located during the pendency of such work or construction.
A sign which is erected for a specified duration of time and which is removed immediately upon the conclusion of same.
A residential use of land consisting of a detached and freestanding building, commonly called a "house," designed or arranged for occupancy by one family as defined herein. Modular or prefabricated houses meeting all applicable federal, state and local codes shall be included in this definition. After the effective date hereof, no "single-family residence" shall be erected, constructed, reconstructed or altered, moved or used except in accordance with §§ 255-11-60 through 255-11-68 of this chapter.
An accessory single-family residence containing cooking and/or sleeping accommodations which is incidental or subordinate to a special historic landmark and subject to the standards set forth in § 255-7-60D.
For a tower other than a tower in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government if the approval of the modification occurred prior to the Spectrum Act of 2012 or otherwise outside the Section 6409(a) process.
The method and form of placement of personal wireless service facilities on a specific area of a subject property.
See "application (personal wireless service facility)".
A state government, local government, or instrumentality of a state government or local government, including any official or organizational unit thereof, whose authorization is necessary prior to the deployment of personal wireless service facilities.
Facilities that meet each of the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including their antennas; or
Are mounted on structures no more than 10% taller than other adjacent structures; or
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10% (whichever is greater);
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume; and
The facilities do not require antenna structure registration by the FCC; and
The facilities are not located on Tribal lands; and
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Code of Federal Regulations 1.1307(b).
Preplanned gatherings at a winery, whether or not advertised to the general public, where more than 50 persons are reasonably expected to attend. Such gatherings shall have some substantial economic or educational relationship to the winemaking or agricultural industry. Compare "tours and tastings."
An individual property that has been designated as one of the group of special historic landmarks, designated by the East Hampton Town Board pursuant to § 255-7-25A and eligible to have one single-family residence as accessory to a special historic landmark.
A form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier; used primarily for data, delivery vans, truckers or taxis within a small, definable geographic area.
Any use of land for which a special permit is required pursuant to Article V of this chapter or which is permitted in a particular use district only if a special, permit shall have been issued therefor pursuant to Article V. An existing land use shall be deemed a special permit use if it would today require a special permit to come into existence in the district in which it is located, notwithstanding that it did not receive or obtain a special permit at its inception. See the use tables[12] found at § 255-11-10 hereof.
For the purposes of implementing regulations of the Flood Hazard Overlay District, the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. "The actual start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling) or the installation of streets or walkways or excavation for a basement, footings, piers or foundations, or the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
That portion of a building which is between one floor level and the next higher floor level or roof. For the purpose of measuring height by stories under the provisions of this chapter, one additional story shall be added for any pilings, piers or other foundation which causes a building to be elevated more than four feet above adjacent natural grade or adjacent exterior grade. The height of any Code-compliant egress shall not be included in this measurement. In the case of a property located in a FEMA flood zone, the area between adjacent natural grade and the minimum required first-floor elevation shall not be considered a story.
An attic.
Any federal, state, county, Town or Town Trustee highway or road or any street shown on a subdivision plat filed in the office of the County Clerk or any private road actually providing access to subdivided land; provided, however, that any mapped street or right-of-way, or portion thereof, the abandonment and nonuse of which is called for in a town-approved urban renewal plan, shall not constitute a "street" for the purposes of this chapter.
The dividing line between a lot and a street right-of-way.
Anything, including any building, which is constructed or erected on or under the ground or the water or upon another structure or building, including driveways, walkways, decks, patios (whether or not constructed of brick and sand), parking areas (whether or not surfaced or improved), fences, gates, pillars, walls, berms, tennis courts, swimming pools, sewage disposal and drainage devices, bulkheads, jetties, docks, piers and any other improvement, fabrication, impervious surface or other construction, whether or not intended to be temporary, seasonal or permanent. See "building." For the purposes of implementing the regulations of the Flood Hazard Overlay District, a "structure" shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally above the ground, as well as a manufactured home.
A pole, tower, base station or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).
A building or that portion thereof intended to provide members of the public with facilities for exercises, aerobics, fitness training, dance, martial arts, self-defense or instruction thereof.
(Personal wireless service facility) A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.
Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet.
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are not preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
It would defeat the concealment elements of the eligible support structure; or
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base stations equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds above.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
See "expansion, substantial."
See "expansion, substantial."
Any retail store, operation or enterprise in which food, beverages and household goods constitute the predominant goods offered for sale, and which retail store, operation or enterprise occupies a combined gross floor area of 10,000 square feet or more, whether housed in all or part of a single building or in all or parts of multiple buildings. For the purposes of this definition, a retail business housed in multiple buildings on the same lot or on adjacent lots shall be considered a single retail store, operation or enterprise, if the business or businesses within the individual buildings are owned, operated or controlled by a single entity, either directly or through affiliates. Compare "superstore."
Any retail store, operation or enterprise, which retail store, operation or enterprise has a combined gross floor area of 10,000 square feet or more, whether housed in all or part of a single building or in all or parts of multiple buildings. For the purposes of this definition, a retail business housed in multiple buildings on the same lot or on adjacent lots shall be considered a single retail store, operation or enterprise, if the business or businesses within the individual buildings are owned, operated or controlled by a single entity, either directly or through affiliates. In addition, any building whose gross floor area equals or exceeds 10,000 square feet shall be considered a "superstore" if it contains one or more retail stores, including supermarkets, even if the building also contains a use or uses not classified as retail stores. See "retail store" and "supermarket."
A structure containing an artificial body of water, which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this definition.
A type of prefabricated aboveground swimming pool which is not installed on a foundation and which is readily capable of being moved from one place to another.
A retail store wherein food and/or beverages are prepared, served and sold over a counter for immediate consumption primarily off premises and which may have a customer sitting area. A customer sitting area shall be limited to no more than 16 seats to eat within or outside of the establishment at one time. A retail take-out food store includes, but is not limited to, delicatessens, ice cream parlors, bakeries, tea/coffee houses and specialty gourmet shops. A retail take-out food store excludes restaurants, fast-food restaurants, drive-in or drive-through restaurants, bars and taverns.
A building or portion thereof which is accessory to a winery and in which tours and tastings, as defined herein, are conducted. The building containing the "tasting room" may be attached to or detached from the building or buildings in which wine is processed.
See "bar or tavern."
Lighting which is used for a specified purpose and for a limited time and is removed thereafter. Temporary lighting on nonresidential property is only allowed in conjunction with a special event permit approved pursuant to Chapter 151 except during the time period of November 15 until January 15 of the next calendar year. The length of time that temporary lighting on residential property is to be used is not longer than 90 consecutive days in any calendar year. "PAR" bulbs, spotlights and floodlights are not considered temporary lighting.
A letter from the landowner's insurance company which requires certain lighting be maintained on a property or insurance coverage will be denied or discontinued.
The Atlantic Ocean and any sound, bay, harbor, creek, or other body of salt or brackish water lying within the bounds of the Town, including all waters within the Town which are regularly or periodically subject to fluctuations in depth due to normal tidal action or peak lunar tides, and all lands beneath the same.
A way of placing personal wireless service facility applications in one of three categories: Tier 1, Tier 2 (a) or (b), and Tier 3.
Tours of a winery and/or tastings of wine made on the premises of such winery. "Tours and tastings" shall also include the wholesale and retail sale from the winery of wine made on premises, consistent with state and federal regulations, and the retail sale of wine associated products such as decanters, wineglasses, corkscrews, items for the storage and display of wine, books on winemaking and the region and other items which are reasonably related to the winery and which bear the insignia of the vineyard. Compare "special event tours and tastings."
Any structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A tower may be concealed (examples include but are not limited to faux trees, unipoles, flag poles) or nonconcealed such as:
Lattice: A vertical, multi-legged self-supporting tapered style of tower that consists of vertical and horizontal supports with cross bracing intended to support associated telecommunications equipment. This type of tower is designed to support itself without the use of guy wires or other stabilization devices.
Monopole: A style of freestanding tower consisting of a single shaft usually composed of two or more stacked hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself and associated telecommunications equipment without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building roof.
Guyed: A type of tower consisting of metal cross strips or bars, which is steadied by wire guys in a radial pattern around the tower.
Any Town employee appointed as "Town Chief Investigator" pursuant to the provisions of Chapter 45 of the Town Code.
The Trustees of the Freeholders and Commonalty of the Town of East Hampton, the independent public body established pursuant to a patent granted by Governor Thomas Dongan in 1686.
Equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with the wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul,
Residential and commercial lighting which is used only to illuminate individual trees. The total amount of light from the fixture(s) illuminating each tree shall not exceed 550 initial lumens (approximately one incandescent 40-watt bulb), and each light source shall not exceed 2,700 Kelvin. The light fixture as designed and installed shall be as close to the tree as possible, must project all its light above the horizontal plane, and be aimed directly at a specific tree. The light source must not be visible across the property line and must be extinguished from 11:00 p.m. to the hour before sunset, but no earlier than 4:00 p.m. the following day. See Recommended Illumination Levels, Town of East Hampton Planning Board Guidelines.
A truck depot or similar commercial road freight facility at which goods carried for hire for third parties are loaded or off-loaded, together with all related facilities including parking areas. This term shall also include a storage yard for trucks used in such business if the yard includes administrative offices and/or fueling facilities.
A form of multiple residence in which two families may lawfully occupy and reside in the residence. An accessory dwelling unit established in accordance with § 255-11-63 shall not be deemed included in this definition.
Land which is ordinarily submerged beneath the waters of a brook, run, creek, or pond, or other watercourse or body of freshwater, and all land lying seaward of the mean high-water line of any tidal waters.
Commercial mobile services that operate on frequencies that require no FCC license.
All land which is neither wetlands nor underwater land as defined herein.
Lighting which is directed above the horizontal plane.
Any plan duly adopted and amended by the Town Board pursuant to Article 15 of the General Municipal Law wherein proposed lot line configurations, easements, road abandonments or other elements are depicted, which configurations and/or elements must be conformed to by property owners in order to qualify for building permits on the lots involved. This definition shall include, but shall not be limited to, those "urban renewal plans" superimposed on certain old filed subdivision maps pursuant to Local Law No. 2 of 1976.[13]
Any pole or structure designed to maintain, or used for the purpose of lines, cables, or wires for communications, cable, electricity, street lighting, other lighting standards, or comparable standards.
A lighting fixture which is installed on a pole owned or maintained by a public utility, but which is designed or intended to illuminate private property.
A modification of the requirements of this chapter by the Zoning Board of Appeals (i.e., the grant of relief from those requirements), so as to authorize the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter. See New York Town Law § 267, Subdivision 1(b).
A modification of the requirements of this chapter by the Zoning Board of Appeals (i.e., the grant of relief from those requirements), so as to authorize the use of land for a purpose which is otherwise not allowed or is prohibited by the use regulations of this chapter. See New York Town Law § 267, Subdivision 1(a).
Any motor vehicle as defined by § 125 of the Vehicle and Traffic Law.
A solid, opaque (as defined herein) structure, made of wood, stone or other materials, or combination thereof, intended for defense, security, screening, limitation of access, enclosure, or for the retention of earth, stone, water, fill or other materials, including all manner of retaining walls and bulkheads.
Any natural or man-made water body other than tidal waters and any ordinary surface water drainage channel, whether wet or dry on any particular occasion, including any freshwater brook, run, spring, dreen, creek, rain runoff course or channel, and any permanent or seasonal pond, whether natural or man-made. The underwater land beneath the foregoing water bodies shall be deemed included in this definition. Artificial lined ponds of less than one acre in size which are not situate in the groundwater table shall be deemed excluded from this definition.
A use which cannot be conducted or perform its intended purpose unless it is located or carried out in close proximity to water, such as docking or servicing of boats, unloading of fish, shipbuilding or the like.
All natural and man-made tidal wetlands, freshwater wetlands, and underwater lands as defined herein, including all swamps, bogs, kettlehole bogs and the like, regardless of the particular types or amounts of vegetation growing thereon or therein or the absence of same. Artificial lined ponds of less than one acre in size which are not situate in the groundwater table shall be deemed excluded from this definition.
All lands lying within the boundaries of any watercourse; all fresh marshes, swamps, bogs, kettlehole bogs and the like, regardless of the particular types or amounts of vegetation growing thereon or therein or the absence of same; and all lands upon which grow one or more of the following plant species or associations: red maple, tupelo, black willow, shining willow, Atlantic white cedar, swamp cottonwood, swamp azalea, sweet pepperbush, winterberry holly, leatherleaf, swamp sweetbells, sheep laurel, cranberries, skunk cabbage, jack-in-the-pulpit, cinnamon fern, royal fern, marsh fern, chain ferns, sensitive fern, wetland sedges (Carex species), wetland bulrushes (Scirpus species), wetland spike rushes (Eleocharis species), wetland soft rushes (Juncus species), wetland beak rushes (Rhynchospora species), wetland grasses (e.g., Phragmites), wetland and aquatic herbs, cattails and sphagnum moss. This term shall also be deemed to include all freshwater wetlands lying within the Town of East Hampton, exclusive of the incorporated villages therein, which are shown or designated on the Freshwater Wetlands Map for Suffolk County, promulgated by the New York State Department of Environmental Conservation, effective May 26, 1993, as the same may be from time to time amended.
All lands lying in the area inundated by tidal action and/or peak lunar tides; all lands exhibiting salt marsh peat and saline or brackish soils at their undisturbed surface; all estuaries, salt meadows, tidal flats, and littoral zones; and all lands upon which grow one or more of the following plant species or associations: salt marsh hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), saltwater cordgrass (Spartina alterniflora), saltwort, glasswort (Salicornia species), sea lavender (Limonium carolinanus), salt marsh bulrush or chairmaker's rush (Scirpus species), sand spurry (Spergularia marina), groundsel bush (Baccaris halimifolia), high tide bush or marsh elder (Iva frutescens), cattail (Typha species), spikerush (Eleocharis species), bent grass (Agrostis species), rockweed (Fucus species), reed (Phragmites species), marsh pink (Sabatia species), sea blite (Suaeda species), umbrella sedges (Fimbristylis species), marsh mallow (Hibiscus species), and Triglochin species. Lands lying within or beneath tidal waters shall also be deemed to be "tidal wetlands," regardless of the type or amount of vegetation growing thereon or the absence of the same.
An accessory structure designed, constructed or erected in accordance with the provisions of Chapter 249 of this Code to convert wind energy to mechanical or electrical power.
An agricultural processing facility which ferments and processes grape juice, made primarily from grapes grown in Suffolk County, New York, into wine or which referments still wine, made primarily from grapes grown in Suffolk County, New York, into sparkling wine, and which at all times holds a valid farm winery license from the State of New York. A "winery" may also include a tasting room as defined herein.
The only area on a lot or parcel of land on which a specified activity, construction, work or use is permitted by a natural resources special permit to take place.
An area within a lot, adjoining a front lot line and extending into the lot therefrom, within which certain principal or accessory structures are prohibited by the dimensional tables[14] found at Article XI of this chapter. A front yard extends from side lot line to side lot line in the case of an interior lot. Lots which have more than one front lot line (e.g., corner lots) shall have a front yard for each front lot line.
An area within a lot, adjoining a rear lot line and extending into the lot therefrom, within which certain principal or accessory structures are prohibited by the dimensional tables found at Article XI of this chapter. A rear yard extends from side lot line to side lot line in the case of an interior lot.
The area within a lot, adjoining any lot line and extending into the lot therefrom, within which principal or accessory buildings and structures are prohibited by the minimum yard or yard setback requirements listed in the tables of dimensional regulations found at Article XI of this chapter. A required yard is all of the area between a given lot line and the setback from that lot line which is specified in the dimensional regulations. See "setback line," "front yard," "rear yard" and "side yard."
An area within a lot, adjoining a side lot line and extending into the lot therefrom, within which certain principal or accessory structures are prohibited by the dimensional tables found at Article XI of this chapter. A side yard extends through the lot from the front yard, if one exists, to the rear yard. Flag lots have side yards abutting each lot line.
[1]
Editor's Note: These figures are kept on file in the Town Housing Office.
[2]
Editor's Note: These figures are kept on file in the Town Housing Office.
[3]
"This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.
[4]
Editor's Note: L.L. No. 4-2017, adopted 1-5-2017, also provided for temporary exemptions as follows:
"Notwithstanding any other provision of this Local Law, parcels of land that have met one of the following requirements by December 15, 2016 shall be exempt from meeting the provisions of this local law:
1) An application submitted to the Building Department for a Building Permit requiring no other Town Approvals.
2) A valid building permit.
3) An application submitted to the Zoning Board of Appeals, Planning Board or Architectural Review Board.
4) An approval from the Zoning Board of Appeals, Planning Board or Architectural Review Board."
[5]
Editor's Note: L.L. No. 2-2017, adopted 1-5-2017, also provided for temporary exemptions as follows:
"Notwithstanding any other provision of this Local Law, parcels of land that have met one of the following requirements by the Town Board adoption of this Local Law shall be exempt from meeting the provisions of this local law:
1) An application submitted to the Building Department for a Building Permit requiring no other Town Approvals.
2) A valid building permit.
3) An application submitted to the Zoning Board of Appeals, Planning Board or Architectural Review Board.
4) An approval from the Zoning Board of Appeals, Planning Board or Architectural Review Board."
[6]
Editor's Note: Appendix L1 is included as an attachment to this chapter.
[7]
Editor's Note: Appendix L1 is included as an attachment to this chapter.
[8]
Editor's Note: Appendix L2 is included as an attachment to this chapter.
[9]
Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.
[10]
Editor's Note: "This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.
[11]
Editor's Note: Appendix L2 is included as an attachment to this chapter.
[12]
Editor's Note: The use tables are included as an attachment to this chapter.
[14]
Editor's Note: The tables of dimensional regulations are in at the end of this chapter.
§ 255-1-30 Building permits required.
A building permit duly issued by the Building Inspector pursuant to the provisions of Chapter 102, Building Construction, of this Code and Article X of this chapter shall be required for:
A.
Construction. The erection, construction, reconstruction, alteration, demolition, razing or moving of all or any part of any building, structure or part thereof, including any component of a personal wireless service facility, any sign, other than a temporary sign, approved directional sign, approved informational sign or other sign exempted by provisions of §§ 255-11-50 to 255-11-59.
[Amended 9-15-2022 by L.L. No. 24-2022]
B.
Clearing. On unimproved residential properties located in residential districts, the clearing or grading of any more than a ten-foot-wide access path in addition to a four-hundred-square-foot area for the purposes of obtaining approval from the Suffolk County Department of Health Services. On improved residential properties, clearing or grading of any more than 50% of lot area or more than one acre of land, whichever shall be the lesser; on all other properties any clearing or grading.
[Amended 6-8-2004 by Ord. No. 15-2004; 3-4-2005 by L.L. No. 9-2005]
C.
Mobile homes. The installation of a mobile home in any duly licensed mobile home park.
D.
Conversions. Any conversion or change in use of a building, structure or lot for which a special permit is required pursuant to Article V of this chapter.
F.
Fuel oil storage tank closure or removal. Upon the replacement of any fuel oil storage tank or the abandonment of such tank. A building permit issued pursuant to this provision shall be issued without a fee.
[Added 6-4-2004 by L.L. No. 9-2004]
G.
Ice rink. Upon the conversion of any legally existing playing court for seasonal use as an ice rink.
[Added 12-16-2004 by L.L. No. 37-2004; amended 7-1-2005 by L.L. No. 20-2005]
H.
Expansion or resurfacing of parking areas and driveways servicing commercial property. The construction of any new parking area, driveway, or curb cut or the resurfacing of any existing parking area, driveway or curb cut that includes a change from one surface material to another surface material, servicing a commercial property.
[Added 9-21-2006 by L.L. No. 23-2006]
§ 255-1-31 Violations.
The commencement, undertaking or carrying on of any activity, work or use for which a building permit is required by the preceding section prior to the issuance thereof or subsequent to the expiration a permit duly issued shall constitute a violation of this chapter subject to the provisions of Article X hereof.
§ 255-1-32 Exceptions.
A.
Notwithstanding any provision of § 255-1-30, no building permit shall be required for the erection, construction, reconstruction, alteration, moving or use of the following:
(1)
Lots with residences. A fence, driveway or walkway of any length or any accessory building or structure, no linear dimension of which structure exceeds six feet, located on a lot containing a residence, provided that such structures are not part of or connected with another structure, activity or use which does require a building permit hereunder.
(2)
Berms, fences and walls. Any berm, fence or wall which by the terms of Article XI does not require a building permit.
(3)
Other. Any other activity or use which is explicitly exempted from the requirement of obtaining a building permit by a specific provision of this chapter.
B.
Every structure, activity or use not requiring a building permit shall nevertheless be required to meet every other regulation of this chapter and of this Code which is applicable to such structure, activity or use.
§ 255-1-40 Nonconforming uses.
[Amended 4-13-2007 by L.L. No. 14-2007]
The following provisions shall apply to and govern all nonconforming uses, as the same are defined herein, wherever located:
A.
Nonconforming uses permitted to continue. Every nonconforming use may be continued in the building or structure or upon the lot or land which it occupies after the effective date of this chapter or after the effective date of the amendment or revision thereof which rendered the use nonconforming, unless this chapter or such amendment or revision includes explicit language providing for the limitation or termination of such use.
B.
Prohibition on physical expansion. No building or structure or part thereof which is used by a nonconforming use shall be enlarged or added to; nor shall such building, structure or part thereof be reconstructed, altered, restored or repaired such that the gross floor area after such reconstruction alteration, restoration or repair exceeds 100% of the gross floor area of the building, structure, or part thereof on the date the use became nonconforming.
C.
No nonconforming use shall be changed, unless such change is to a conforming use.
D.
Abandonment. A nonconforming use which is abandoned shall be deemed to have ceased to exist for all purposes hereunder and shall not thereafter be carried on. Such abandonment of a nonconforming use shall occur:
(1)
When the use is changed to a conforming use.
(2)
In the case where the use occupied a building or structure designed primarily to accommodate or facilitate such use, when the use is discontinued for any reason for a period of 36 consecutive months or voluntarily for 18 months.
(3)
In the case where the use occupied any other building or structure, when the use is discontinued for any reason for a period of 24 months or voluntarily for 12 months.
(4)
In the case where the use was carried out on a lot upon which there was located no consequential building or structure devoted to the discontinued use, when the use is discontinued for any reason for a period of 12 months or voluntarily for six months.
E.
Determination of a nonconforming use. The following procedures must be followed prior to the determination of a legally preexisting, nonconforming use by the Chief Building Inspector:
[Added 12-16-2004 by L.L. No. 35-2004]
(1)
At least 10 days prior to the issuance of a certificate of occupancy for a legally preexisting, nonconforming use, the Building inspector shall cause the application filed by the applicant to be published in the official newspaper of the Town. The notice shall state that comments or objections to a finding of a legally preexisting, nonconforming use shall be made no later than 10 days from the date of the appearance of the notice in the official newspaper (the "notice date").
(2)
The applicant must send a copy of the application filed with the Building Department to the owners of record of every property which touches or abuts the applicant's property and to the owners of record of every property which is directly across any public or private street from the property involved in the application. This provision shall require that such notice be given to all such owners, including the owners of underwater land or within another governmental jurisdiction, excepting only the following entities: the State of New York, the County of Suffolk, the Town of East Hampton, the Metropolitan Transportation Authority (Long Island Railroad) and the owners of subdivision reserved areas other than agricultural reserved areas (the owners of agricultural reserved areas must receive notice). Such notice shall be made by certified mail, return receipt requested, posted at least 10 days prior to the date upon which such a determination is to be made and addressed to the owners of record at the latest addresses listed for them in the Town Assessor's office. The applicant shall file with the Building Department an affidavit stating that she has complied with this provision, together with the postal receipts evidencing notification of the property owners.
(3)
No less than 10 days after the completion of these requirements, the Chief Building Inspector shall make a determination as to the status of the applicant's application.
§ 255-1-41 Personal wireless service facilities. [1]
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022; 3-18-2025 by L.L. No. 5-2025]
A.
Personal wireless service facilities: to establish general guidelines for the locating of wireless communication towers, antenna, ground equipment and related accessory structures and design of personal wireless services facilities. The provisions of this Section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. These standards shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. The purpose and intent of this subsection are to:
(1)
Accommodate the growing need and demand for wireless communications services.
(2)
Enhance the ability of the providers of personal wireless services to provide such services to the community quickly, effectively, and efficiently.
(3)
Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services.
(4)
Respond to the policies embodied in the Federal Communication Commission's Declaratory Ruling and Third Report and Order of September 27, 2018, in such a manner as to not effectively prohibit the provision of wireless services.
(5)
Protect the character and attractiveness of the Town while meeting the needs of its citizens to enjoy the benefits of communications services.
(6)
Protect the health, safety, general welfare of the community.
(7)
Establish review procedures to ensure that applications for communications facilities are reviewed for compliance with federal, state and local regulations and acted upon within a reasonable period of time as required by applicable state and federal regulations.
(8)
Promote personal wireless service facilities' compatibility with surrounding land uses, and protect the attractiveness, health, safety, general welfare, and property values of the community.
(9)
Minimize the impacts of wireless communications facilities on surrounding land uses by establishing standards for location, structural integrity, and compatibility.
(10)
Encourage the use of existing structures, including, but not limited to, rooftops, utility poles and church steeples for deploying personal wireless service facilities.
(11)
Allow for alternative types of personal wireless service facilities in any location subject to standards.
(12)
Caution users of guyed and lattice towers, monopoles and antennas to locate, site and design them in a way that minimizes the adverse visual impact of the lattice or guyed towers, monopoles and antennas.
(13)
Expedite the review process for those applications choosing the least intrusive alternative of deploying personal wireless service facilities.
B.
Exempt facilities. The following items are exempt from the standards for wireless communication facilities, notwithstanding any other provisions:
(1)
Satellite earth stations used for the transmission or reception of wireless communications signals with satellites, that are one meter (39.37 inches) or less in diameter in all residential zones and two meters or less in all other zones.
(2)
A temporary wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the Town designee; except that such facility must comply with all federal and state requirements. No communications facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.
(3)
A government-owned communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.
(4)
A temporary wireless communications facility for the purposes of providing coverage of a special event, and subject to federal and state requirements. Said communications facility may be exempt from the provisions of this section up to one week before and after the duration of the special event.
(5)
Amateur radio towers solely used for licensed amateur services up to 70 feet in height.
C.
Preexisting and unpermitted facilities:
(1)
Personal wireless service facility for which a permit has been issued prior to the effective date of this section shall be deemed a permitted use and an eligible support structure, subject to the conditions of that permit. When an unpermitted personal wireless service facility is identified by the Town of East Hampton to be attached to a mount approved for another use or personal wireless service facility, the attached personal wireless service facility must apply for a separate siting application, even when:
(2)
Unpermitted personal wireless service facilities will be considered out of compliance with this chapter and subject to abatement.
(3)
Damaged or destroyed facilities may be rebuilt and all such facilities may be replaced by facilities of the same type and height at the same location, provided that guyed or lattice towers may be changed to mounts of lesser visual intensity.
(4)
Placement of co-location on a legally nonconforming structure shall not be considered an expansion of the nonconforming structure. However, placement of any co-location or any other portions of a personal wireless service facility on an existing structure, whether legally nonconforming or in, as well as out of, compliance, shall require an application to be obtained for the personal wireless service facility under the terms of this chapter.
(5)
Any carrier with at least one preexisting personal wireless service facility in the Town of East Hampton that is out of compliance with the Town of East Hampton building and zoning requirements, prior to the adoption of this section, shall not be eligible for any new approvals of personal wireless service facilities by the Town until the preexisting personal wireless service facility or personal wireless service facilities are brought into compliance with this chapter.
(6)
No issuance of any permit under this chapter shall occur for a request to collocate on an existing personal wireless service facility site, mount or facility, when such existing site, mount or facility is found to have one or more personal wireless service facilities without permits and/or any structure, mount or facility is found to lack one or more building, electrical or any other permits required by the Town of East Hampton Building Inspector and the laws the Building Inspector is authorized to implement and enforce.
(7)
Any application by a wireless carrier or other entity shall not be accepted by the Town of East Hampton if that wireless carrier has a preexisting personal wireless service facility on, or the other entity owns, a mount, rooftop or tower, on which there is any unpermitted personal wireless service facility until that personal wireless service facility is brought into compliance with this chapter.
D.
Unacceptable applications for personal wireless service facilities.
(1)
Any application for site plan review and/or special permit for a personal wireless service facility may or may not be accepted by the Building Inspector, Planning Director or any other representative of the Town of East Hampton if:
(a)
The applicant owns any other use, structure or facility in the Town of East Hampton that has been shown by the Town Assessor to be in arrears from the most recent property tax bill.
(b)
The owner of the property or the owner of the structure to which the personal wireless service facility is proposed for attachment has been shown by the Tax Assessor to be in arrears from the most recent property tax bill.
(c)
The applicant owns any other use, structure or facility in the Town of East Hampton that has not received proper certificate of occupancy and/or building permits in accordance with this chapter.
(d)
The owner of the property or the owner of the structure to which the personal wireless service facility is proposed for attachment has not received proper certificates of occupancy or building permits in accordance with this chapter for any other property or structure of which one of more personal wireless service facilities is lawfully or unlawfully attached.
(2)
(a)
Acceptance of such application shall be determined by the Building Inspector, Planning Director or any other representative of the Town of East Hampton by the applicant's proof of path of compliance to correct any and all lack of certificates of occupancy, building permits, and/or payment of outstanding tax arrears.
(b)
An applicant denied submission of such application may appeal such denial to the Zoning Board of Appeals within 30 days of such denial.
E.
Tiered permit process. The Town of East Hampton Department of Planning shall receive all personal wireless service facility siting applications and assign each application to one of the following "tiers." These tiers represent a ranking for the preferred design of future personal wireless service facilities, with Tier One applications being the most preferable, and Tier Three applications being the least preferred. Where an applicant proposes a new Tier Three personal wireless service facility, each applicant shall demonstrate why adequate coverage in the proximity of the site by either a Tier One and/or Tier Two facilities cannot be provided.
(1)
Tier One (Town street rights-of-way). Small wireless service facilities on existing, replacement or new utility poles inside Town street rights-of-way.
(3)
Tier Three (public or private property). New tower or other structure for purposes of installing transmission equipment outside of a right-of-way (ROW) which is proposed on public or private property.
F.
Location standards. The approval of personal wireless service facilities shall be subject to meeting or exceeding the following standards:
(1)
Avoidance areas. A personal wireless service facility should not be located in the following avoidance areas:
(a)
On lots which are designated recreational open space including those preserved through the Community Preservation Fund (CPF) or designated nature preserves.
(b)
In locations which are within or which are within 500 feet of designated areas of natural, cultural, historic, agricultural, or scenic resources, among others. These areas shall include but not be limited to:
[1]
Agricultural Overlay Districts, Suffolk County Agricultural Districts, active farm operations, and on farmland, in general.
[2]
Flood Hazard Overlay District and all flood-prone areas.
[3]
Harbor Protection Overlay District and all areas attendant to water bodies and shorelines.
[4]
Historic districts and historic landmarks along with any building or site on the National Register of Historic Places or the New York State eligible list, National Natural Landmarks, and other identified historic resources.
[5]
Areas identified in the Scenic Resources Study and Scenic Areas of Statewide Significance, not otherwise classified above.
(2)
Opportunity sites. A personal wireless service facility should be located at one of the following opportunity sites. The following represents a list in ranking order from the most preferred locations for new personal wireless service facilities to the least preferred. Where an applicant proposes a new personal wireless service facility at a location other than an opportunity site listed below, the applicant must demonstrate through coverage maps and other appropriate supporting documentation that their coverage goals cannot be met by situating new facilities at an alternative location or locations. In all instances, locations owned by the Town of East Hampton are preferred over private lands, other municipal lands, or others.
(a)
Public rights-of-way utility poles, including telephone poles, utility-distribution poles, streetlights and traffic signal stanchions.
(b)
Existing eligible support structures.
(c)
Rooftops of existing buildings and structures with no preexisting transmission equipment.
(d)
Facades of existing buildings and structures with no preexisting transmission equipment.
(3)
Interpretation of opportunity sites and avoidance areas shall be made by the Town of East Hampton Department of Planning, based on the location of the proposed personal wireless service facility and the criteria listed in this chapter.
G.
Federal Communications Commission environmental assessment.
(1)
The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
(2)
At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town of East Hampton for each personal wireless service facility site that requires such an EA to be submitted to the FCC.
H.
Specific standards and safeguards, all personal wireless service facility applications.
(1)
All applications for Tier One, Two and Three personal wireless service facilities shall address the following:
(a)
Payment of application fee(s).
(b)
Completed personal wireless facility siting application with original signatures for the applicant and all co-applicants applying for the application with indication if the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant.
[1]
If the applicant is not the owner or person in control of the personal wireless service facility and/or site, an attestation that the owner or person in control of the personal wireless service facility and/or site has consented to the proposed facility or modification.
[2]
The current and/or intended wireless service provider(s), as applicable for the application, shall be indicated on the site plan with documentation provided by the service provider(s).
(c)
Structural integrity:
[1]
A structural analysis signed and sealed by a professional engineer in the State of New York that the entire tower or base station and all appurtenances are designed pursuant to the design requirements of ASCE 7, including wind speed design requirements, and tower loading/wind design requirements of Electronic Industries Association/Telecommunications Industry Association (ANSI/TIA) 222-H, Risk Category II and Exposure Category C standards, and any subsequent modification to those specifications.
[2]
Co-location modifications on existing eligible support facility using existing antenna mounts shall also provide a mount analysis meeting same standard as Subsection H(1)(c)[1] above.
(d)
RF compliance:
[1]
For new towers and new co-locations: A signed statement from an RF engineer competent to opine as to RF emissions compliance stating that the radio frequency emissions comply with FCC standards for such emissions as set forth in 47 CFR 1.1307, 1.310, 2.091 or 2.093, as applicable (Report and Order), ET Docket 93-62 (Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order and Notice of Proposed Rule Making, ET Docket 93-62 (WT Docket 97-192), 12 FCC Rcd 13494 (1997).
[2]
For eligible facility requests: In addition to Subsection H(1)(d)[1] above, any eligible facility co-location, modification, or upgrade application shall contain a signed statement from an RF engineer competent to opine as to the RF emissions confirming that following installation, the composite facility will remain in compliance with FCC standards as stated in OET-65.
(e)
Signage. All personal wireless service facilities shall be clearly identified with the following information on a name plate sign meeting the Town's Code which shall be provided in an easily visible location to include:
[1]
Federal Communications Commission's Antenna Registration System (ASR) registration number (if applicable); site owner's name, site identification number and/or name, phone number of contact to reach in event of an emergency or equipment malfunction, any additional security and safety signs.
[2]
If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high-contrast letters, minimum height of each letter four inches, the following: "HIGH VOLTAGE - DANGER."
[3]
No outdoor advertising signage is permitted at the personal wireless communication facility.
(f)
Noise. No equipment shall be operated at a personal wireless service facility so as to produce noise in excess of the applicable noise standards under § 255-1-90, except for emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis until such emergency has passed.
(g)
Hazardous materials. The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility, including those used for generators, that are considered hazardous by the federal, state or local government.
(h)
Interference with public safety communications. In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each wireless provider shall agree in a written statement to the following:
[1]
Compliance with "good engineering practices" as defined by the FCC in its rules and regulations.
[2]
Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).
[3]
Whenever the Town has encountered radio frequency interference with its public safety communications equipment, and has reasonable cause to believe that such interference has been or is being caused by one or more wireless facility antenna arrays, the following steps shall be taken:
[a]
The Town shall provide written notification to all wireless service providers operating in the Town of possible interference with the public safety communications equipment, and upon receipt of such notifications, the wireless providers shall use their best efforts to cooperate and coordinate with the Town and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the "good engineering practices," as may be amended or revised by the FCC from time to time in any successor regulations.
[b]
If any wireless provider fails to cooperate with the Town in complying with the owner's obligations under this section or if there is a determination of radio frequency interference with the Town's public safety communications equipment, the wireless provider who failed to cooperate and/or the wireless provider which caused the interference shall be responsible for reimbursing the Town for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the Town to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Enhanced Best Practices Guide" within 24 hours of Town's notification.
I.
Tier One facilities (small wireless facility in a right-of-way). In addition to the specific standards and safeguards provided in § 255-1-41H herein, the following specific standards and safeguards shall also apply to all Tier One facilities applications and the following materials must be provided:
(1)
Small wireless facilities shall not exceed the size dimensions of the small wireless facility definition. The applicant shall include calculations demonstrating in detail the applicant meets the definition of small wireless facility.
(2)
An aerial map showing the location of the proposed small wireless facility.
(3)
A line map to scale showing the subject property and all properties within 100 feet and the location of all buildings, including accessory structures, inside the right-of-way and on all properties shown.
(4)
An accurate site plan which identifies any easements, rights-of-way, sidewalks, driveways and the type and location of existing aboveground and, if applicable, underground utilities.
(5)
Photo simulation with before and after images from at least two reasonable line-of-sight locations near the proposed project location. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic.
(6)
A photo rendering shall be provided of the proposed small wireless facility that depicts aesthetic features including, but not limited to, the use of colors and, if applicable, concealment with "before and after" installation exhibits.
(7)
No portion of a small wireless facility shall obstruct pedestrians, vehicular, bicycle access, sight lines or visibility for traffic, traffic signage or signals, or interfere with access by persons with disabilities.
(8)
No small wireless facility shall conflict with any utilities located within the public right-of-way.
(9)
Equipment boxes, including meters, for small cell wireless facilities may be located on the ground or attached on the pole at a height that does not interfere with pedestrian or vehicular traffic, public views, and traffic signs or signals. Equipment boxes and meters attached to the utility pole shall be surrounded by a shroud painted to match the pole.
(10)
Cables, if not located inside the pole, shall be placed in conduit painted to match the pole from the meter box to the antenna.
(11)
Tree topping (removal of tree crown) or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees shrubs or other landscaping already existing in the right-of-way must be noted in the application and must be approved by the Town.
(12)
Applicants shall include an attestation that the small wireless facilities shall be activated for use by a wireless services provider to provide service no later than one year from the permit issuance date, unless the Town and the wireless provider agree to extend this period, or a delay is caused by a lack of commercial power at the proposed site.
(13)
Small Wireless Facilities in Historic Districts. Any application proposing the installation of small wireless facilities within a designated historic district shall comply with the following requirements:
(a)
Concealment techniques shall be designed to be consistent and harmonious with the nature and character of the historic district, including color, shape and size of proposed equipment.
(b)
New utility poles or wireless support structures shall be designed to match the size, girth, and design of any existing utility poles or other wireless support structures located in the historic district right-of-way, i.e., decorative light poles or banner poles.
(c)
This subsection shall not be construed to limit the Town's enforcement of historic preservation in conformance with the requirements adopted pursuant to the National Historic Preservation Act of 1966, 54 U.S.C. § 300101 et seq., and the regulations adopted to implement those laws, or Section 14.09 of the New York State Historic Preservation Act of 1980.
(14)
Additional items for co-locations on existing or replacement utility poles.
(a)
New co-locations shall:
[1]
Only be mounted on structures 50 feet or less in height including their antennas; or
[2]
Only be mounted structures no more than 10% taller than other adjacent structures; or
[3]
Not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.
(b)
All new wood utility poles or replacement utility poles shall be designed with considerations of height, girth, scale, color, texture and architectural design of any existing utility poles or other vertical structures located in the right-of-way where the new facility is proposed.
(c)
Antenna, meter boxes and ancillary equipment shall be surrounded by a shroud painted to match the color of the existing or replacement utility pole.
(15)
Additional requirements for new poles (not replacement).
(a)
Spacing requirements for small wireless facilities.
[1]
To minimize the adverse visual impacts from the proliferation of antennas and associated above-ground equipment for small wireless facilities, no small wireless facility in the right-of-way shall be located, to the extent practicable, within 165 feet of any other small wireless facility in the same right-of-way, unless the wireless service provider desiring to install small wireless facilities less than 165 feet apart demonstrates to the Town's satisfaction why such placement is necessary.
[2]
No small wireless facilities shall be placed in front of structure and each shall be located as close to the shared side yard lot line as possible.
[3]
In a residential street right-of-way, all small wireless facilities located adjacent to residential structures shall be placed in the right-of-way at locations where they are at least 100 feet from the base of the facility to any residential structure whenever possible.
[4]
If a right-of-way has residential structures on only one side of the street, small wireless facilities shall be located on the opposite side of the right-of-way whenever possible.
[5]
Where a right-of-way has residential or commercial structures on only one or both sides of the street, the small wireless facilities shall be located as close to the commercial structure whenever possible.
(b)
All new concealed small wireless facilities shall be designed with considerations of height, girth, scale, color, texture and architectural design of any existing utility poles or other vertical structures located in the same right-of-way, i.e., decorative light poles or design of the buildings parallel the rights-of-way where the new facility is proposed. All cables, conduits, electronics, meters and wires shall be enclosed within the structure.
J.
Tier Two (a) facility (co-location on an eligible support structure). In addition to the standards and application requirements listed in § 255-1-41H, herein, the following shall apply to all Tier Two (a) personal wireless service facilities applications:
(1)
The applicant must demonstrate in writing the proposed co-location or modification does not exceed any part of the definition of "substantial change."
(2)
Notwithstanding this provision, the Planning Director may approve a modification where maintaining the original design is not feasible, provided that the applicant provides evidence demonstrating that the modification's design or configuration is necessary, does not defeat the existing concealment technique in the view of a reasonable person, and is the least obtrusive means of accomplishing the objective.
K.
Tier Two (b) (co-location on a structure with no preexisting transmission equipment) and all Tier Three facilities (new tower on public or private property or new small wireless facility tower or utility pole outside ROW). In addition to the standards and application requirements listed in § 255-1-41H, herein, the following shall apply to all Tier Two (b) and Tier Three personal wireless service facilities applications:
(1)
Identify the subject property by including the name of the nearest road or roads, and street address, if any.
(2)
Tax parcel number of subject property.
(3)
Tax map showing adjoining (abutting) properties.
(4)
Written statement that the lease between the applicant and co-applicant landowner of the subject property contains the following provisions:
(5)
Copy of Form 600 on file with the FCC.
(6)
FCC license (radio authorization form).
(7)
Site latitude and longitude.
(8)
Land use map showing existing land use.
(9)
Zoning district designation for the subject parcel and for all parcels within 300 feet of the property lines of the subject parcel.
(10)
A line map to scale showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
(11)
Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(12)
Overall height measured at ground level (AGL) to the radiation center and the top of highest projection (e.g., lightning rod).
(13)
A map indicating applicant's existing radio frequency signal propagation, a map indicating applicant's proposed new radio frequency signal propagation, and a map indicating the proposed improvements' coverage/capacity area, which provides sufficient justification for the requested antenna height; or an affidavit from a radio frequency engineer, including the qualifications of affiant, to justify the mounting height of the proposed new antenna.
(14)
A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer detailing compliance with the location preferences (§ 255-1-41H) and that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative if unacceptable. Alternatively, the applicant may provide an affidavit by a radio frequency engineer, including the qualifications of affiant, detailing compliance with the location preferences (§ 255-1-41H). If a lower ranking alternative is proposed, the affidavit must address why higher ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
(15)
Security barriers. In the case of a roof-mounted personal wireless service facility, the security barrier shall be provided around the tower or antenna. The security barrier shall be maintained by the operator of the personal wireless service facility or mount for the life of the installation. No security barrier is needed around side-mounted personal wireless service facilities.
(16)
Equipment cabinets and Equipment Shelters. Electronic equipment shall be contained in either equipment cabinets or equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
(17)
Equipment compound.
(a)
Ground-based equipment compounds shall comply with the minimum setback requirements of the applicable zoning district as set forth in the Town's Code, depending upon whether any structure is considered a primary use or an accessory use.
(b)
Fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials.
(c)
No outdoor storage yards shall be allowed in a tower equipment compound.
(d)
The compound shall not be used as habitable space.
(18)
Fencing. All ground-based equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the application approval process.
(19)
Photo simulation with before and after images from at least two reasonable line-of-sight locations near the proposed project location. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic.
(20)
A photo rendering shall be provided of the proposed small wireless facility that depicts aesthetic features including, but not limited to, the use of colors and, if applicable, concealment with a before and after installation exhibits.
(21)
Lighting. Lighting on personal wireless service facility towers and base stations shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
(a)
Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA.
(b)
Such lighting of the personal wireless service facility as may be required by the Federal Communications Commission, Federal Aviation Administration (FAA) or other applicable authority installed in a manner to minimize impacts on adjacent residences.
(c)
Lights shall be filtered or oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.
(d)
Only red lighting shall be utilized unless otherwise recommended by FAA guidelines.
(e)
Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site.
L.
Tier Two (b) (co-location on a structure with no preexisting transmission equipment) and all Tier Three facilities (new tower on public or private property or new small wireless facility tower or utility pole outside ROW). In addition to the standards and application requirements listed in § 255-1-41H, herein, the following shall apply to all Tier Two (b) personal wireless service facilities applications:
(1)
Roof-mounted personal wireless service facilities should not project more than 10 additional feet above the height of a legal building even if the existing building is at the legal height limit of the zoning district.
(2)
Side-mounted personal wireless service facilities should not project more than 20 inches five feet from the face of the mounting structures.
(3)
Roof mounts on buildings should have railings to protect workers.
(4)
Feed lines and antennas shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are fixed or otherwise lend with the existing structural design, color and texture.
M.
Tier Three (new macro tower and new small wireless tower or utility pole outside ROW) additional standards. In addition to the standards and application requirements listed in § 255-1-41H and K, herein, the following shall apply to all Tier Three personal wireless service facilities applications:
(1)
Prior to securing a lease on a subject property for a proposed new tower, the applicant, service provider or tower owner shall have a predevelopment meeting with the Planning Director to discuss the proposed location and possible alternatives to the proposed location. The alternatives need not be totally different from the proposed personal wireless service facility; however, the alternatives should contain measurable differences, such as:
(a)
Height. An alternative can be identical to the proposed personal wireless service facility except to be for a shorter height.
(b)
Location. An alternative could be located on a different property than the proposed personal wireless service facility.
(c)
Siting. An alternative could be in a different place on the same property as the proposed personal wireless service facility.
(d)
Design. An alternative could be of the same height, location and siting as the proposed personal wireless service facility but be designed to appear differently.
(e)
Change in community scale, as exhibited in relative height, mass or proportion of the personal wireless service facility within its proposed surroundings.
(f)
New visible elements proposed on a contrasting background and different colors and textures proposed against a contrasting background.
(g)
Use of materials that are foreign to the existing built environment.
(h)
Conservation of opportunities to maintain community scale, not compromising buffering areas and low-lying buildings so as to start a trend away from the existing community scale.
(i)
Amount and diversity of landscaping and/or natural vegetation.
(j)
Preservation of view corridors, vistas, and viewsheds; continuation of existing colors, textures and materials.
(k)
Summary of the items in Subsection M(1)(a) through (j) above shall be provided in narrative with the submittal of the siting application. The following standards shall also guide all personal wireless service facilities application:
[1]
Height should be kept to a minimum.
[2]
Wireless communication facility towers shall be engineered and constructed for as many co-locations as possible based on the height of the proposed structure.
[3]
Setbacks.
[a]
New wireless structures shall have a setback from adjoining property lines equal to or greater than the height of the proposed structure.
[b]
All equipment shelters shall comply with the minimum setback requirements of the applicable zoning district as set forth in the Town of East Hampton Zoning Code, depending upon whether any structure is considered a primary use or an accessory use.
[c]
On parcels with a principal building housing a primary use, all components of the personal wireless service facility shall be located behind the main building line.
[4]
New concealed wireless communication facility towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties and match the existing landscape and if applicable existing and adjacent architecture of structures on the property or adjacent properties.
[5]
Color. If personal wireless service facilities are to be painted, then the applicant shall use complementary colors or natural tones, including those of surrounding vegetation and/or the sky.
[6]
Concealment solutions should match the existing property on which the tower is proposed. For example, if on a wooded lot the faux tree with densely installed with sufficient number of "faux" branches, foliage and antenna socks or matching paint to conceal all external antenna, panels, trays, cables, support rods, crossbars, port holes, splitters, couplers and attenuators and any other equipment external to the tower mast, shall be painted or have applied material to simulate tree bark indigenous to the area. "Faux" branches shall commence at 20 feet above ground level (AGL) and surround the tower in a multidimensional pyramid shape pattern to the top of the tower, with branches and foliage material in length, width and depth sufficient to obscure physical view of the tower, antenna elements and brackets. Antenna wraps can also be used on all type of antenna on structures other than monopines.
[7]
A balloon test is required prior to generating the photo simulations to demonstrate the proposed height and concealment solution of the WCF. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 25 horizontal feet of the center of the proposed tower.
[a]
Applicant must inform the Planning Director and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.
[b]
A three-foot-by-five-foot sign with lettering no less than three inches high stating the purpose of the balloon test shall be placed at closest major intersection of proposed site.
[c]
The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed newspaper by the applicant at least seven but no more than 14 days in advance of the test date.
[d]
The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather, including wind speed, during the balloon test.
[e]
Re-advertisement will not be required if inclement weather occurs.
[8]
Appearance shown by at least two photographic simulations of the personal wireless service facility within the subject property. The photographic simulations shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.
[9]
Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Planning Department including the facility types the applicant has considered and the impact on adjacent properties including:
[10]
Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and "Objects Affecting Navigable Airspace," if applicable.
[11]
Copy of environmental assessment provided to the FCC.
[12]
Screening and landscaping.
[a]
Natural vegetation. Existing natural vegetation shall be undisturbed to the greatest extent practicable.
[b]
Landscaping. Landscaping of disturbed areas of the personal wireless service facility site and security barriers shall be required as follows:
[i]
At least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary; and
[ii]
At least one row of evergreen trees or shrubs, at least four feet in height when planted and spaced not more than 15 feet apart, located interior to the perimeter of the shrubs required above; and
[iii]
Landscaping materials shall consist of xeric or drought-resistant native species and shall be maintained by the operator of the personal wireless service facility for the life of the installation.
[iv]
All security barriers for guy-wire anchor points shall be screened from view by at least one row of evergreen shrubs spaced not more than five feet apart and capable of forming a continuous hedge at least five feet in height within two years of planting.
[v]
Existing vegetation, topography, walls and fences combined with shrubs, or other features may be substituted for the required buffers if the Planning Board finds they achieve the same degree of screening as the required buffer; or affect the stability, security, or maintenance of guy wires.
[13]
Activities requiring Architectural Review Board review. The Planning Board shall submit Tier Three applications for site plans for personal wireless service facilities to the Architectural Review Board.
N.
Application approval procedure.
(1)
Exempt facilities can commence upon approval of the siting application and issuance of a building permit in accordance with applicable codes.
(2)
Tier One applications.
(a)
Timeline for review.
[1]
Co-location using an existing structure: 60 days.
[2]
Installation using a new or replacement structure: 90 days.
[3]
Review timeline:
[a]
Unless a written agreement between the applicant and the Town provides otherwise, for an initial application the Town planning staff designee shall review the siting application and notify the applicant on or before the 10th day after submission of the application that the application is materially incomplete, and clearly and specifically identify the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information. The comment notice shall identify the deficiencies in the application, which, if cured, would make the application complete. The shot clock date for siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period.
[b]
The clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the Town to render the application complete or incomplete.
[c]
The wireless communication facility shall be deemed complete on resubmission if the resubmitted materials cure the original deficiencies indicated by the Town.
(b)
The Town may deny an application for any of the following reasons:
[1]
Applicable codes; or
[2]
Town Code or objective design standards that concern public safety, traffic safety and aesthetic concerns for decorative Town utility poles, including reasonable and nondiscriminatory concealment requirements such as screening or landscaping for ground-mounted equipment; or
[3]
Public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way, including ADA compliance; or
[4]
For small wireless facilities to be located in the right-of-way in a historic district, any historic preservation requirements as set forth in § 255-1-41N(13).
[5]
If the Town denies an application, then the Town must document the basis for a denial, including the specific code provisions on which the denial was based. The Town shall send the documentation to the applicant on or before the day the Town denies an application.
(c)
Batching. If a single application seeks authorization for multiple deployments, all of which fall within a Tier 1 review, then the presumptively reasonable period of time for the application for the applications as a whole is equal to that for a single deployment within that category. The Town may remove a small wireless facility from a consolidated application and treat separately small wireless facility locations for which incomplete information has been provided or that are denied. The Town will issue a separate permit for each location that is approved.
(d)
All work within the Town rights-of-way is also subject to approval of a work permit for work that involves excavation, affects traffic patterns or obstructs vehicular traffic within or along the Town's rights-of-way. Any/all work in the public right-of-way is subject to approval of a permit. The provider shall comply with all the provisions and terms of the Code of Ordinances and the right-of-way work permit.
(e)
As-built construction drawings shall be provided to the Town for all structures, equipment, cable, pipes and conduit located within a Town or public right-of-way, and within any Town-owned utility or multipurpose easement; and which must include, for fiber optic cable, the number of strands of fiber in the conduit. If any of the Town's utilities or other infrastructure is relocated within the right-of-way as part of the construction, the Town shall have final approval of the design and engineering of such relocated items.
(f)
Rates for use of Town utility poles within the right-of-way. An applicant who places a small wireless facility on a utility pole within a right-of-way in accordance with this section shall:
(g)
Required permit provisions. Each permit issued by the superintendent of public works and each license agreement for small wireless facilities shall be made upon the condition that the applicant agree to the following conditions:
[1]
Indemnification. To the fullest extent allowed by law, both the wireless infrastructure provider and wireless services provider (for this subsection, collectively referred to as "provider") constructing, installing, operating, repairing, maintaining and using a small wireless facility shall indemnify, defend and hold harmless the Town, and its officials, agents, and employees from and against all suits, actions or claims of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from, said provider's breach of any provision of law, including but not limited to any asserted negligent act, error or omission of the provider, or its agents or employees, arising from or relating to its small wireless facility. The indemnifications required hereunder shall not be limited by reason of the specification of any particular insurance coverage for any permit. The provider's obligations under this provision shall not terminate with the expiration or termination of its permit but shall survive it.
[2]
Dispute resolution. A court of competent jurisdiction located in Suffolk County, New York shall have exclusive jurisdiction to resolve all disputes arising under this section applying the laws of the State of New York. Pending resolution of a dispute concerning rates for co-location of small wireless facilities on utility poles within the right-of-way, the Town shall allow the collocating party to collocate on utility poles at annual rates as set forth in the Town of East Hampton Fee Schedule.
(3)
Tier Two (a) applications.
(a)
Timeframe for review. Within 60 days of the date on which an application submits an application for approval, the Town shall approve the application unless it denies the application.
(b)
Tolling of the timeline for review. The sixty-day period begins to run when the application is filed and may be tolled only by mutual agreement or in the cases where the Town determines that the application is incomplete.
(c)
Town must notify the applicant within 30 days of submission (or within some other mutually agreed upon timeframe) if the submission is incomplete.
(d)
Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. The clock stops on the date the notice is sent to the applicant.
(e)
The applicant may cure the deficiencies identified by the Town and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(f)
The clock restarts on the date of resubmission by the applicant. The Town shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(g)
Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by day 60 after the initial submission, excluding tolling.
(h)
Failure to act. In the event the Town fails to approve or deny a Tier 2(a) application within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(4)
Tier Two (b) applications.
(a)
Timeframe for review. Within 90 days of the date on which an application submits an application for approval, the Town shall approve the application unless it denies the application.
(b)
Tolling of the timeline for review. The ninety-day period begins to run when the application is filed and may be tolled only by mutual agreement or in the cases where the Town determines that the application is incomplete.
(c)
Town must notify the applicant within 30 days of submission (or within some other mutually agreed upon timeframe) if the submission is incomplete.
(d)
Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. The clock stops on the date the notice is sent to the applicant.
(e)
The applicant may cure the deficiencies identified by the Town and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(f)
The clock restarts on the date of resubmission by the applicant. The Town shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(g)
Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by day 90 after the initial submission, excluding tolling.
(h)
Failure to act. In the event the Town fails to approve or deny a Tier 2(b) application within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(5)
Tier Three applications.
(a)
The timeframe for review. Within 150 days of the date on which an applicant submits an application for approval, the Town shall approve the application unless it denies the application.
(b)
Tolling of the timeline for review. The 150-day period begins to run when the application is filed and may be tolled only by mutual agreement or in the cases where the Town determines that the application is incomplete.
(c)
Town must notify the applicant within 30 days of submission (or within some other mutually agreed upon timeframe) if the submission is incomplete.
(d)
Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete.
(e)
The timeline clock stops on the day after the date the Town sends notice of incompleteness to the applicant.
(f)
The applicant may cure the deficiencies identified by the Town and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(g)
The clock restarts on the date of resubmission by the applicant. The Town shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(h)
Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by the 150th day after the initial submission, excluding any tolling period.
O.
Abandonment and discontinued use.
(1)
Personal wireless service facility towers, antennas, and the equipment compound shall be removed, at the tower or base station owners' expense, within 180 days of cessation of use, unless the abandonment is associated with a replacement structure, in which case the removal shall occur within 90 days of cessation of use.
(2)
A tower or base station owner wishing to extend the time for removal or reactivation shall submit a request stating the reason for such extension. The Town may extend the time for removal or reactivation up to 60 additional days upon a showing of good and unique cause. If the tower or antenna is not removed within this time, the Town may give notice that it will contract for removal within 30 days following written notice to the tower or base station owner. Thereafter, the Town may cause removal of the tower with costs being borne by the tower or base station owner.
(3)
Upon removal of the wireless facility tower, antenna, and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed.
P.
Fees for personal wireless service facility applications.
(1)
The Town shall have the right to properly plan for and evaluate applications for personal wireless service facilities and to charge reasonable fees for such services to the applicant. Such fees shall include, but shall not be limited to, the following:
(a)
Application fee. The Town staff shall evaluate each application on a case-by-case basis. The application fee shall include, but shall not be limited to, the cost for Town staff to properly evaluate applications for personal wireless service facilities. The application fee shall be equally applied to all applications.
(b)
Special fee. The Town shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual personal wireless service facilities. The special fee shall include, but shall not be limited to, the hourly rate of the independent technical consultant or expert the Town deems necessary to properly evaluate applications for personal wireless service facilities. The special fee shall be applied to those applications requiring special review or evaluation.
(c)
General fee. The Town has retained independent consultants and experts on wireless planning and may retain future independent consultants and experts to assist Town staff with proper planning for personal wireless service facilities. The general fee shall include, but shall not be limited to, the prorated share for each applicant of such costs for the independent consultants and experts and for Town staff. The general fee shall be prorated among all applications on an equal basis.
Q.
Staff reports.
(1)
Tier One and Tier Two applications do not require staff reports. However, the Town of East Hampton Department of Planning or another department may prepare reports and provide recommendations to the Town of East Hampton Town Board, Planning Board, Zoning Board of Appeals or any other permitting agency of the Town of East Hampton or another municipality with jurisdiction.
(2)
Tier Three applications. The Town of East Hampton Department of Planning shall prepare staff reports for Tier Three applications. The staff report shall contain the following:
(a)
Description of the proposed personal wireless service facility.
(b)
Other personal wireless service facilities in the area.
(c)
Nearest three personal wireless service facility sites for the same carrier to the proposed personal wireless service facility.
(d)
Location.
(e)
Identification of whether the proposed personal wireless service facility is in an avoidance area.
(f)
Identification of whether the proposed personal wireless service facility is at an opportunity site.
(g)
Determination of whether location standards have been met.
(h)
Determination of whether siting standards have been met.
(i)
Identification of any necessary practical measures to avoid, minimize, and/or mitigate (in that order of preference) for adverse impacts of the proposed personal wireless service facility.
(l)
Description of narrative attachments.
R.
Registry, monitoring, inspection, abandonment, and obsolescence.
(1)
Registry. Each carrier shall file the following information with the Town on a biannual basis, beginning with the date of approval:
(a)
Owner/lessee/intermediary/agent and carrier(s) at the site.
(b)
Location by latitude and longitude, addresses and parcel numbers.
(c)
Height, AGL.
(d)
Co-location status and capability (including if a former co-location has been removed).
(e)
Last date at which site was modified and the nature of the modification.
(f)
A list of toxic/hazardous materials at the personal wireless service facility (including in the equipment shelter).
(g)
Instructions for emergency personnel on the approach action to be taken in case of an emergency involving any toxic/hazardous substances.
(h)
The name and telephone number of a representative of the carrier to be contacted in the event of any emergency at the personal wireless service facility site. The contact representative is to be available on a twenty-four-hour-a-day, seven-days-a-week basis.
(i)
A site monitoring schedule indicating how often the site is inspected and monitored by the carrier.
(j)
A ground maintenance schedule indicating how often the grounds are maintained and the name and telephone number of a representative of the carrier to be contacted in the event the grounds require service before the next scheduled maintenance.
(k)
Certification, signed by a radio frequency engineer, stating that the RFR from the personal wireless service facility meets the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation.
(2)
Inspection. The owner or operator of personal wireless service facility shall provide for and conduct an inspection of mounts at least once every five years. A report shall be provided to the Town of East Hampton Building Inspector verifying structural integrity and tenants on the mounts as a part of the requirements provided for in § 255-5-50 of this chapter.
[1]
Editor's Note: Former § 255-1-41 was repealed 11-15-1996 by L.L. No. 19-1996.
§ 255-1-42 Nonconforming buildings and structures.
[Added 11-15-1995 by L.L. No. 19-1996; amended 4-13-2007 by L.L. No. 14-2007]
The following provisions shall apply to and govern all nonconforming buildings and structures, as the same are defined herein, wherever located.
A.
Expansion of nonconforming structures generally. A nonconforming building or structure lawfully existing on any lot, or a building or structure which lawfully exists on a nonconforming lot, may be enlarged, reconstructed, altered, restored, or repaired, in whole or part, provided that the "degree of nonconformity" is not thereby increased. For the purposes of this subsection, an increase in the "degree of nonconformity" shall include an increase in the amount of a nonconforming building's or structure's gross floor area which is located within a required setback area, or an increase in any portion of a building or structure located above the maximum height permitted or within the required pyramid law setback.
B.
Rule governing nonconforming uses. The provisions of this section do not apply to a building or structure which is used for a nonconforming use. The enlargement, reconstruction, alteration, restoration, or repair of a building or structure used by a nonconforming use shall be governed by the provisions of § 255-1-40 hereof.
C.
Limitations on reconstruction. Reconstruction of a legally preexisting nonconforming building or structure shall be limited as follows:
(2)
Reconstruction of a nonconforming building or structure shall require a bluff line or dune crest setback variance if such is mandated by § 255-4-40 hereof unless such reconstruction is required as a result of accidental cause, including fire. "Accidental cause" shall not include flooding or erosion.
§ 255-1-43 Nonconforming lots.
[Amended 3-15-1991 by L.L. No. 4-1991; 11-15-1996 by L.L. No. 19-1996]
The following provisions shall apply to and govern all nonconforming lots, as the same are defined herein, wherever located:
A.
Proof of preexisting single and separate ownership. A nonconforming lot may be used and a building or structure may be erected thereon for use in accordance with all other applicable provisions of this chapter, the Town Code and other laws, rules and regulations if proof that the lot has been held in continuous single and separate ownership since before the date on which it became nonconforming is submitted to the Building Inspector. The Building Inspector may require an abstract of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or title company regularly doing such work in Suffolk County and shall contain a certification that, since the effective date of this chapter or the amendment thereto which renders the lot nonconforming, no contiguous property was ever owned by an owner of the subject lot.
B.
Merger of nonconforming lots. If at any time a nonconforming lot shall be held in the same ownership as one or more adjoining parcels, the lot shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the adjoining parcels remains nonconforming with respect to one or more dimensional regulations of the district in which it is situated. No such merger shall occur, however, in the following cases:
[Amended 8-5-2005 by L.L. No. 24-2005]
(1)
Merger by death. No merger shall hereafter result under this chapter where the ownership of a nonconforming lot becomes the same as the ownership of an adjoining parcel through the death of an individual owner of one of the parcels.
(2)
Improved nonconforming parcels. No merger shall hereafter result under this chapter where adjacent nonconforming lots that are both improved with single family residences are held in the same ownership.
C.
Town Trustee roads. Certain parcels within the Town may be traversed or bisected by ancient Town Trustee roads, streets or highways (hereafter, "Trustee roads") whose preexistence has not become generally known or recognized until relatively recently. Notwithstanding the provisions of Subsection A hereof, therefore, in cases where a Trustee road separates a parcel of land into one or more lots and where the preexistence of the Trustee road has been claimed, proved, or acknowledged (e.g., by Trustee acceptance of a deed to the road) only since the enactment of this chapter, no nonconforming lot which results from the preexistence of the Trustee road may be used for a principal building (e.g., a single-family residence) or have such a building erected thereon. This provision shall not prevent the owner of any such lot from separately conveying the same; but no such conveyance shall entitle any transferee of the lot to erect a principal building thereon. In the event that both or all of the parcels separated by a Trustee road hereunder are nonconforming lots, the owner or owners of the lots or parcels may elect to use one such lot and no other for the erection or construction of a principal building.
D.
Yard setback relief. For any lawfully existing single and separate nonconforming lot and solely for the purpose of siting thereon one principal building and any lawful accessory structures, except swimming pools and tennis courts, the required side and rear yards shall be reduced as set forth below. This setback relief shall apply automatically but is subject to any greater setbacks which may be required for swimming pools, swimming pool decks, slabs, patios or equipment and tennis courts, and is also subject to the pyramid law restrictions of § 255-11-72D hereof.
(1)
Lack of width (four-tenths rule). In the case of a lot nonconforming as to lot width, the required side yards shall each be reduced to no less than 4/10 times 4/10 or 0.16 of the lot width.
(2)
Lack of depth (two-tenths rule). In the case of any nonconforming lot as described above, the required rear yard shall be the lesser of the rear yard required by § 255-11-10 for the district in which the lot is situated or a distance equal to 2/10 of the depth of the lot, measured by a line drawn perpendicular to the street line.
§ 255-1-44 Emergency exception.
No provision herein regarding nonconforming buildings, structures, lots or uses shall be deemed to prevent the restoration of a wall or other structural member of a building which shall have been declared unsafe by the Building Inspector, Fire Prevention Inspector or other Town officer authorized to make such a determination or by an engineer, architect or builder authorized by the Town Board to examine or pass on the same.
§ 255-1-45 (Reserved) [1]
[1]
Editor's Note: Former § 255-1-45, Unacceptable applications for personal wireless service facilities, added 11-1-2002 by L.L. No. 34-2002, was repealed 9-15-2022 by L.L. No. 24-2022.
§ 255-1-50 Nuisances prohibited.
In addition to the other regulations of land uses in this chapter, any trade, industry, activity or use which, when lawfully conducted, is determined to create toxic or harmful fumes, gases, smoke or odors or obnoxious dust, vapors, noises or vibrations disruptive of the quiet enjoyment of neighboring properties shall be prohibited.
§ 255-1-51 Procedure.
[Amended 7-21-2016 by L.L. No. 32-2016]
The Town Board, after holding a public hearing on 10 days' notice published in the official newspaper, may, by resolution, determine a particular use on a particular lot to constitute a nuisance hereunder. If, 10 days after notice of such determination is served upon the owner and/or the person in control of said lot by personal service or by certified mail, return receipt requested, the activities found by the Town Board to constitute the nuisance shall not have ceased, the Board may, by resolution and without further hearing or notice, declare a violation of § 255-1-50 and of this chapter to exist, subject to the provisions of Article X hereof.
§ 255-1-60 Relationship to other laws and land use restrictions.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the applicability within the Town of the New York State Uniform Fire Prevention and Building Code or any rules or regulations adopted or issued thereunder or any other provision of law, ordinance or regulation now existing or which may be adopted in the future, when such provision is not in conflict with any of the provisions hereof; nor is it intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between public or private parties. However, when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land than is imposed or required by any other provision of law, ordinance, regulation, easement, covenant or agreement, the provisions of this chapter shall control. Wherever the provisions of any other law, ordinance or regulation impose a greater restriction than this chapter, the provisions of such other law, ordinance or regulation shall control.
§ 255-1-61 Effect of recodification.
Where any previous provision of Chapter 255 has been retained, continued or reenacted herein, whether or not in modified form, but is located in a renumbered section or paragraph hereof, all references contained in Chapters 102, 193, 220 or any other chapter of this Code to such previous provision shall be deemed amended so as to refer to the renumbered section or paragraph hereof in which the provision is now contained.
§ 255-1-62 Powers of Town Trustees preserved.
[Added 12-18-1997 by L.L. No. 38-1997]
The provisions of this chapter shall in no way be deemed to circumscribe or impair the authority and proprietary rights granted to the Town Trustees by the Nicolls Patent of 1666 and the Dongan Patent of 1686, as ratified and confirmed by Section 2 of the Laws of the Colony of New York enacted 1691; Section 36 of the Constitution of the State of New York adopted 1777; Article 1, Section 14 of the Constitution of the State of New York adopted 1938; Chapter 1001 of the Laws of 1966; Chapter 233 of the Laws of 1972; and Chapter 378 of the Laws of 1975.
§ 255-1-63 Limited enforcement of private restrictions.
In addition to any other requirements for building permits set forth in this Code, the Building Inspector shall not knowingly issue a building permit for any work or activity which would be in violation of the terms of any easement, covenant or other similar restrictions on the use of the subject building, structure or lot which restriction is evidenced by the terms of one or more instruments duly filed and recorded in the office of the Clerk of Suffolk County, whether or not the Town is a party thereto. However, with regard to instruments in which the Town is not a party, the Building Inspector shall have no obligation to research records or obtain recorded instruments or other documents, and the obligation to enforce this section shall arise only in cases where a copy of the recorded instrument whose terms would be violated by the activity or work for which permission is sought has previously been submitted to the Building Inspector, either by mail or in person, by a resident, taxpayer or property owner of the Town. The authority granted by this section to the Building Inspector to withhold a building permit based upon the existence of a recorded instrument to which the Town is not a party shall be limited to 10 working days following the Inspector's receipt of the instrument or to 10 days following receipt of the building permit application, if such application is made after the instrument in question has been submitted. Upon the expiration of the applicable ten-day period, the Inspector shall be free to issue the requested permit or permits, provided that all other requirements have been met.
§ 255-1-65 Relationship to Town Law.
Where any specific provision of this chapter is in conflict with a provision of the New York Town Law, including, but not limited to, provisions related to periods of time in which local agencies may act with regard to certain matters brought before them and the subject matter jurisdiction or authority of local agencies, the specific provision contained herein shall be deemed to have superseded the provision of the Town Law with which it is in conflict, and the provision herein shall control. All provisions of the Town Law not so specifically superseded shall be deemed to be in effect and shall control as if the same had been incorporated herein.
§ 255-1-67 Uses regulated as "special events."
[Added 1-16-1997 by L.L. No. 3-1997; amended 3-21-2019 by L.L. No. 13-2019]
Temporary uses of land which are regulated as "special events" under Chapter 151 ("Special Event Permits") of this Code shall not constitute land uses subject to the provisions of this chapter.
§ 255-1-70 Overcrowding of dwelling units prohibited.
[Amended 7-21-2016 by L.L. No. 32-2016]
Notwithstanding any other provision of this Code to the contrary, no person shall erect, construct, create or permit to come into being on any property in any district, dwelling units, as the same are defined herein, at a density of more than six units per acre of land. In computing the area of any lot to determine compliance with this section, the definition of lot area contained in § 255-1-20 shall be adhered to. Further, with regard to multiple residences (apartments) sought to be created pursuant to Chapter 193 of this Code, compliance with this section shall be determined by comparing the number of residences or apartments proposed with the lot area of that part of the plat on which the units are actually to be sited, excluding all other plat acreage, such as open space, reserved areas, roads, recreational facilities and the like. This section shall not apply to transient motels, conversions of preexisting motels or to affordable housing developments which meet all the requirements of, and are approved pursuant to, all applicable provisions of this chapter. Failure to comply with these provisions shall constitute a violation of this chapter subject to the provisions of Article X hereof.
§ 255-1-80 Lighting. [1]
§ 255-1-81 Purpose.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
The following provisions are intended to control and regulate exterior lighting throughout the Town to promote public safety on the Town's roads and highways, protect landowners from the intrusive effects of glare and light trespass, preserve the rural character of the Town, and maintain and restore the beauty of the night sky. Excessive, unshielded, and poorly directed exterior lighting has many adverse effects. It detracts from the rural qualities of East Hampton and makes the Town appear increasingly suburban and overdeveloped. Glare associated with such lighting is dangerous for drivers and pedestrians on the Town's roads at night. Furthermore, such lighting interferes with the privacy of residents, wastes energy resources, and creates skyglow, which makes the night sky less visible and diminishes the natural nocturnal environment for flora and fauna. The regulations set forth in this part take proper account of the legitimate uses of exterior lighting, while providing guidance and direction for landowners and businesses.
§ 255-1-82 Applicability.
§ 255-1-83 General lighting standards.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014; 10-19-2015 by L.L. No. 35-2015; 2-7-2019 by L.L. No. 6-2019; 3-21-2019 by L.L. No. 13-2019; 7-7-2022 by L.L. No. 20-2022; 10-3-2024 by L.L. No. 19-2024]
The following shall apply to all exterior lighting within the Town:
A.
Exterior lighting shall be designed, installed, and maintained to minimize glare.
C.
No light source, as defined in § 255-1-20, shall be visible beyond the boundary of the property on which the light source is located, including from a body of water or roadway. House lights, as defined in § 255-1-20, temporary lighting, as defined in § 255-1-20, and certain portions of landscape lighting, as defined in § 255-1-20, shall be exempt from this provision. All lighting not specifically exempted herein shall be fully shielded.
D.
Prohibited lighting. The following types of lighting are prohibited:
(1)
Uplighting, except as specifically permitted for trees, only;
(2)
Searchlights, including those that are transportable, except those used for governmental or emergency purposes;
(3)
Strobe lights, laser lights or revolving lighting, including those that are transportable;
(4)
Neon lights, except lawfully preexisting neon signs;
(5)
Blinking, pulsating, tracing, or flashing lights, unless otherwise permitted herein, including those that are transportable;
(6)
Utility-pole-mounted lights, as defined herein, unless the pole is existing and is not located within the street right-of-way;
(7)
String lighting or lighting which is used to outline a building, structure or window;
(8)
Any light fixture that may be construed as or confused with a traffic signal or traffic control device; and
(9)
Any light source with a color temperature greater than 3,000 Kelvin (K).
E.
Prohibited light fixtures. The types of light fixtures depicted in Appendix L2 to this chapter[2] are prohibited unless otherwise specifically exempted herein (e.g., house lights).
[2]
Editor's Note: Appendix L2 is included as an attachment to this chapter.
F.
Exceptions. The following types of lighting are exempt from the foregoing provisions:
(2)
Lighting which the Town Board has expressly allowed in connection with a special event for which a special event permit has been issued;
(3)
Flag uplighting, provided any such flag is not used for advertising purposes, and has a fixture as close to the pole as possible and has a light source that emits a narrow beam of light. The light source must be recessed within a fixture with an opaque shield so that, as designed and installed, the light fixture projects all its light above the horizontal plane and is aimed directly at the flag. The light source must not be visible across the property line;
(4)
U.S. Coast Guard approved maritime navigational lighting, and all temporary emergency lighting needed by fire, ambulance, or police departments, or other emergency services;
(5)
Municipal streetlighting;
(6)
All essential lighting for emergency facilities;
(7)
Airport lighting that is specifically regulated by federal law;
G.
Nonresidential lighting procedures. All other nonresidential uses shall comply with the following standards and regulations:
(1)
General requirements. All nonresidential exterior lighting shall be governed by the specific standards and requirements for lighting which are set forth in § 255-1-83A through F hereof. String lighting which is not compliant with the provisions of § 255-1-83A through F may only be used on nonresidential property if it is exempt pursuant to § 255-1-83F(1) or (2).
(2)
Replacement of existing lighting fixtures in place does not require any Town approval if the replacement conforms to § 255-1-83A and C and is not otherwise prohibited.
(3)
Procedure; adding new lighting. An administrative approval from the Planning Department pursuant to § 255-1-84 shall be required for the installation of any additional light fixtures if those light fixtures are being installed in conjunction with alterations to an existing site which do not exceed the threshold set forth in § 255-6-30B. Additional lighting to be located on Town-owned sites is required to receive approval by this method. Public schools, county, state and federal buildings are encouraged to comply with this procedure for all lighting.
(4)
All noncompliant lighting shall be replaced with compliant lighting by one of the following methods:
(b)
Adding additional fixtures: Obtaining site plan approval from the Planning Board or an administrative permit, as described in § 255-1-84 below, shall be completed within three years after the adoption date of this local law.
(c)
Phased plan.
[1]
Submission and approval by the Planning Board or through administrative permit process of a lighting plan within two years after the adoption date of this local law; and
[2]
The replacement of noncompliant lighting and the installation of any additional compliant lighting shall be completed pursuant the approved lighting plan within two years from the date of the lighting plan approval.
§ 255-1-84 Administrative lighting permit.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
A.
Administrative permit. The Planning Department of the Town of East Hampton shall have the power to process and review applications and to approve, conditionally approve, modify or deny such permits for new lighting on a nonresidential site that is proposed to be installed in which site plan approval is not required pursuant to § 255-6-30B. String lighting on nonresidential property which does not comply with the General lighting standards set forth in § 255-1-83 of the Town Code may not be approved pursuant to this section and are prohibited unless exempt pursuant to § 255-1-83F(1) or (2).
[Amended 2-7-2019 by L.L. No. 6-2019; 7-7-2022 by L.L. No. 20-2022]
B.
Jurisdiction. Except as provided for herein, the Planning Department shall exercise sole jurisdiction over administrative lighting permits and the review of applications received by the Town for the same. Such authority shall be exercised by the Department for and on behalf of the Planning Board, and except as otherwise specified herein, the determinations of the Planning Department with regard to administrative lighting permit applications, which it processes and decides under this section, shall have the same force and effect as if such applications had been reviewed and acted upon by the Planning Board. All applications must comply with the § 255-6-61 herein and the Town of East Hampton Planning Board Guidelines for Lighting. Grant of any such administrative permit shall constitute an action as defined in the Environmental Conservation Law and in the regulations promulgated by the State Department of Environmental Conservation under that law.
C.
Informal procedures. Unless specifically provided otherwise herein, review of applications for administrative lighting permits conducted by the Planning Department shall not include Architectural Review Board approval, involve the holding of formal public hearings, the taking of sworn or unsworn testimony, the making of transcripts or the keeping of minutes or other formal records of proceedings. The issuance or conditional issuance of an administrative lighting permit authorized herein by the Planning Department shall not require the making of formal findings or determinations by the Planning Department or by any other Town department or agency, except as may be required by the Environmental Conservation Law or Chapter 75 of the Town Code.
D.
Receipt of applications. All applications for administrative lighting permits shall be accepted for the Town by the Planning Department. An application pursuant to this section must include the following:
(1)
Elevation drawing(s) depicting the proposed light fixture;
(2)
A drawing that is drawn to scale and depicts the location of the existing and proposed fixtures in relation to the property lines; and
(3)
Lighting-manufacturer-supplied product information sheets that include photographs of the fixture, "fully shielded" indication, and photometric data for the fixture, type of light source and initial lumen output.
E.
Initial staff review. The Planning Department shall review every application for completeness. Within 10 days after receipt of the application by the Town, the Planning Department shall issue a notice of complete application as specified below or a request to the applicant for additional information. Applications that are submitted with a "thirty-day insurance company letter" shall be processed first.
F.
Further staff review. The Department shall collect and compile all information necessary for an informed and thorough review of the application, shall conduct a site inspection and shall formulate its analysis and recommendations regarding proper disposition of the application. The Planning Department shall make a decision either to issue an administrative lighting permit or to refer the matter to the Planning Board for public hearing and decision because one or more of the conditions listed in § 255-6-30B are determined to exist. If for any such reason it is determined that a particular application cannot be further processed administratively by the Planning Department, the Planning Board shall be so informed by the Department, and the Board shall process the application in accordance with site plan procedures.
G.
Final administrative processing. If all conditions listed in § 255-6-30B are found not to exist, an administrative lighting permit may be prepared by the Department. This permit shall be mailed by the Planning Department with a cover letter informing the applicant that, unless a written request for modification of the draft permit or an objection to one or more conditions of the draft permit is made to the Planning Department within 10 days, the final permit will issue as originally drafted. Any objection or modification request so submitted shall be considered by the Planning Department, which may elect to modify the final permit accordingly. If such a modification is made, the final permit issued by the Planning Department shall reflect the modification; otherwise, it shall be identical to the originally issued draft. Final approval by the Planning Department of the installation is required and is contingent upon an inspection verifying that the installation is in compliance with the permit.
H.
Appeals; hearing de novo. An applicant may appeal the denial of an administrative permit application by the Planning Department or the imposition in any permit issued by the Department of one or more particular conditions. Any such appeal shall be deemed, procedurally and for all other purposes, an entirely new application to the Planning Board for a nonadministrative lighting permit, and the Planning Board shall hear and decide the matter on that basis. The Board may make use of documents and materials already submitted by the applicant or produced by the Planning Department. No new fee shall be charged an applicant for the further processing of the application.
§ 255-1-90 Noise.
(Reserved)
§ 255-1-95 Water runoff.
[Added 6-14-2001 by L.L. No. 11-2001; amended 7-21-2016 by L.L. No. 32-2016]
It shall be a violation of this chapter, subject to the provisions of Article X hereof, to create or maintain any condition that causes, permits, allows, facilitates or contributes to a detriment to adjoining properties, including, without limitation, public and private roads, caused by erosion, flooding or diversion of surface or other water.
§ 255-1-100 Applicability of article.
The provisions and regulations set forth in this article shall apply to all lands in all districts unless otherwise limited by specific language therein to the contrary.