East Hampton Town Board Carole Brennan

159 Pantigo Road Telephone:

East Hampton, NY 11937

East Hampton Town Board meeting of December 3, 2020
East Hampton, New York

I. Call to Order

2:00 PM Meeting called to order on December 3, 2020 at Teleconference, Various Locations, East Hampton, NY.

Attendee Name	Present	Absent	Late	Arrived
Councilwoman Kathee Burke-Gonzalez	¨	¨	¨
Councilman David Lys	¨	¨	¨
Councilwoman Sylvia Overby	¨	¨	¨
Councilman Jeffrey Bragman	¨	¨	¨
Supervisor Peter Van Scoyoc	¨	¨	¨

II. Public Hearings - 351-888-6331

1. Set PH to Consider Amending Article 5 of Chapter 255 to Create a Pilot Program for Outdoor Dining

III. Public Portion - 351-888-6331

IV. Resolutions

A. COUNCILWOMAN BURKE-GONZALEZ

RESOLUTION: 2020-1118

CATEGORY: Warrant Approval

SPONSORED BY: Councilwoman Kathee Burke-Gonzalez

DEPARTMENT: Town Clerk

Warrant No. 12A - Approval of Claims $ 9,339,451.34 Utility Warrant 12A $ 35,848.05

RESOLVED, that Claims on Warrant No. 12A, in the amount of $ 9,339,451.34 were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it

RESOLVED, that Claims on Utility Warrant No. 12A, in the amount of $ 35,848.05 were audited by the Town Board and the Supervisor is hereby directed to pay same.

RESOLUTION: 2020-1119

CATEGORY: Budget

SPONSORED BY: Councilwoman Kathee Burke-Gonzalez

DEPARTMENT: Bookkeeping

Budget Modification - Human Services

Resolved, at the request of the Department Head the Budget Office is directed to make the following budget modification to the Human Services 2020 operating budget:

From A8989-54300 $200 to A6773-54300 to pay for telephone service for the remainder of the year.

B. COUNCILMAN LYS

RESOLUTION: 2020-1120

CATEGORY: Local Law Public Hearing

SPONSORED BY: Councilman David Lys

DEPARTMENT: Town Attorney

Noph

WHEREAS, the Town of East Hampton is considering an amendment to Chapter 240 (Vehicles and Traffic) Section 240-62 (Schedule XII: No Stopping) to address certain safety concerns in the area, by prohibiting stopping of vehicles along certain portions of Soak Hides Road, to read as follows:

Introductory No. ___ of 2020

Local Law No. ___ of 2020

A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic) Section 240-62 (Schedule XII: No Stopping) of the East Hampton Town Code to Prohibit Automobile Stopping and passenger displacement along certain portions of Soak Hides Road.

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

SECTION 1. Legislative Intent.

The intent of this legislation is to address safety concerns in the area by prohibiting stopping of vehicles along certain portions of Soak Hides Road.

SECTION 2. Town Code Amended.

Chapter 240 (Vehicles and Traffic) is hereby amended to add the following:

240-62 Schedule XI: No Stopping.

Name of Street Side Location

Soak Hides Road North From Intersection of Three Mile Harbor Road to the East

Side of the Parking lot Entrance of Property SCTM #300- 120-2-15

Soak Hides Road South Entire length from the intersection of Three Mile Harbor Road to the West property line of parcel SCTM # 300- 122-5-1

SECTION 3. Authority.

The Town Board is authorized to establish and promulgate rules and regulations regarding prohibiting, restricting, or limiting the stopping, standing or parking of vehicles pursuant to Vehicle and Traffic Law of the State of New York Section 1660.

SECTION 4. Severability.

If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.

SECTION 5. Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Town Board will hold a public hearing on December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard, to consider any and all comments with regard to a local law entitled: ": "A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-62, (Schedule VII: No Stopping) of the East Hampton Town Code", to authorize the addition of no Stopping on portions of Soak Hides Road, an abstract of which is as follows:

A LOCAL LAW prohibiting Stopping on portions of Soak Hides Road, on the north side from the intersection of Three Mile Harbor Road to the east side of the parking lot entrance to property described as SCTM #0300-120-2-15, and on the south side the entire length from the intersection of Three Mile Harbor Road to the west property line of parcel SCTM #0300-122-5-1.

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.

The public can watch the public hearing live on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org. If any interested members of the public would like to provide comments on the Project and the financing thereof, comments can be called in during the meeting. The conference number for such purpose will be made available on the live stream and also on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) at least 24 hours prior to the start of the public hearing.

Written comments and/or questions may also be submitted via email to the Town Clerk at the following email address CBrennan@ehamptonny.gov. Said comments and/or questions will be considered at the public hearing provided that they are submitted by email no later than 9:00 A.M. (Prevailing Time) on the day of the public hearing, or submitted via telephone by way of the conference number provided by the Town at the time of the hearing.

Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Clerk, to be received by email to CBrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 within one (1) week of the posting of the public hearing transcript.

Please check the meeting Agenda posted on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) for further instructions or for any changes to the instructions to access the public hearing, and for updated information.

Dated: December 3, 2020 BY ORDER OF THE TOWN BOARD

TOWN OF EAST HAMPTON

Carole Brennan

Town Clerk

RESOLUTION: 2020-1121

CATEGORY: Local Law Public Hearing

SPONSORED BY: Councilman David Lys

DEPARTMENT: Town Attorney

Notice of Public Hearing to Consider a Local Law Amending Chapter 73 (Aircraft) of the Town Code Regulating Operation of Seaplanes in Waters Subject to the Town of East Hampton’s Jurisdiction

WHEREAS, the Town of East Hampton is an established resort community that is renowned for its peaceful and safe beaches and outdoor areas; and

WHEREAS, the Town’s economy is tied intrinsically to the use and enjoyment of its natural and scenic environment, including its world-renowned ocean beaches, wetlands, shorelines, harbors, bays, woodlands, and historic hamlets; and

WHEREAS, residents and visitors are attracted to the Town and the East End of Long Island to enjoy the area’s unique scenic beauty, its outdoor spaces, its world-renowned beaches, wetlands, shorelines, harbors, bays, and the safe and peaceful atmosphere they provide; and

WHEREAS, peace, safety, outdoor recreation, sea, air, and a beautiful and unique natural environment are the essential characteristics that make East Hampton and the East End, as a whole, such an attractive and desirable area; and

WHEREAS, the Town is a desirable and attractive place to live and visit for, among other reasons, the safe and tranquil shoreline offered to its residents and visitors; and

WHEREAS, the Town and its residents have invested heavily in preserving the rural, safe, and tranquil life by preserving land and adopting land use policies that are designed to protect the unique quality of life in East Hampton; and

WHEREAS, the Town’s beaches, harbors, inland lakes, and bays must be safe and free from undue hazard to ensure that the Town’s economy and peaceful atmosphere is not threatened; and

WHEREAS, the Town has a responsibility to protect its residents from undue hazard, including unnatural uses of the Town’s beaches, harbors, inland lakes, and bays; and

WHEREAS, the Town has the authority to designate zoning ordinances for land and water within its jurisdiction, including dictating what and where conduct is prohibited; and

WHEREAS, the Town has local control over the zoning and acceptable uses of the land and water within its jurisdiction, including the right to designate where aircraft and helicopters may land; and

WHEREAS, just as the Town has the right to use its police powers to prevent the establishment of a new airport and control the ground space of airports, it may also prevent the landing of aircraft on specified bodies of water within its jurisdiction through its zoning authority and police powers; and

WHEREAS, the location of aircraft and helicopter takeoff and landing sites-any place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and landing of aircraft, even when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or cargo-is a matter left primarily to local control and are intrinsically matters of local oversight and concern; and

WHEREAS, there is no scheme of federal or state regulation designating locations for seaplane landings and takeoffs; and

WHEREAS, the mooring, docking, launching, storage, operating, taxiing, or use of any seaplane on waters within the Town’s jurisdiction constitutes a public nuisance and safety hazard; and

WHEREAS, the Town’s beaches, harbors, inland lakes, and bays must be kept free from seaplane usage to protect the natural ecology of the Town’s waters (specifically inland lakes), prevent damage to property, and prevent risk of injury or death to those enjoying the outdoor recreational activities offered by the Town’s unique natural and scenic environment; and

WHEREAS, in order to protect the public health, safety, and general welfare of the Town’s residents and the real and personal property located in the Town, it is necessary to prohibit seaplane operations from any water within the Town’s jurisdiction; and

WHEREAS, the Town will comply with its duty to protect the Town’s residents’ health, safety, and general welfare by prohibiting seaplane operations on Town waters so as to eliminate danger, apprehension of danger, pollution, apprehension of pollution, contamination and infestation from other bodies of water, destruction of property values, and interference with other lawful uses of the water within the Town’s jurisdiction enjoyed by the great majority of residents, including boating, sailing, fishing, swimming, and other recreational uses; and

WHEREAS, the Town is not attempting to, and in turn is not, regulating or seeking to prevent or restrict free access to the navigable airspace of the United States or otherwise affecting the manner in which aircraft or helicopters are operated; and

WHEREAS, the Town is excepting from this prohibition all aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency and makes clear that use of the waters within the Town’s jurisdiction will remain open to such operations at all times without restriction or charge; and

WHEREAS, the Town has communicated with The Trustees of the Freeholders and Commonalty of the Town of East Hampton-the entity with authority over the “Trustee Waters and Beaches” that are contemplated by this amendment-and The Trustees of the Freeholders and Commonalty of the Town of East Hampton are in agreement that the Town’s interest in protecting its residents’ health, safety, and welfare support the measures taken in this amendment insofar as it concerns the “Trustee Waters and Beaches”; and

WHEREAS, this amendment shall not impede any rights which the Trustees of the Freeholders and Commonalty of the Town of East Hampton may possess now, or in the future, whether of ownership or management, concerning the bottomlands within the area described within this amendment; and

WHEREAS, prior courts of this state have recognized that municipalities may prohibit seaplanes from taking off or landing upon any portion of the water within their jurisdiction except in time of emergency, see, e.g., People v. Altman, 304 N.Y.S.2d 534 (N.Y.Dist.Ct.1969); and

WHEREAS, the Town is amending the Local Law Chapter 73 (Aircraft) to ensure compliance with the Town’s oversight and safe use of its municipal waters; now, therefore, be it

RESOLVED, that the Town Board hereby directs that a public hearing shall be held on January 7, 2021, at 2:00 p.m., or as soon after as can be heard, at Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a proposed local law entitled: A LOCAL LAW amending Chapter 73 (Aircraft) of the Town Code to adopt regulations on the operation of seaplanes within the Town to ensure compliance with the Town’s oversight and safe use of its municipal waters, said local law to read as follows:

LOCAL LAW NO. ___ of 2020

Intro. No. ___ of 2020

A LOCAL LAW amending Chapter 73 (Aircraft) of the Town Code to adopt regulations on the operation of seaplanes within the Town to ensure compliance with the Town’s oversight and safe use of its municipal waters.

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

Section 1. Legislative Intent

The Town is an established resort community whose entire economy is intrinsically tied to the use and enjoyment of its natural and scenic environment, including its world renowned ocean beaches, wetlands, shorelines, harbors, bays, woodlands, inland lakes, and historic hamlets. Visitors and residents alike enjoy East Hampton’s unique scenic beauty and the Town has made significant efforts to preserve and ensure the continued vitality of its visitors’ and residents’ ability to safely engage in outdoor recreational activities. A central aspect of this is ensuring that the Town is free from undue hazard and does not pose unnecessary dangers to those enjoying the natural and scenic environment, including those engaged in outdoor recreational activities in the waters within the Town’s jurisdiction.

The Town has the public policy responsibility to protect the public health, safety, and general welfare of the Town’s residents. It also needs to continue to regulate activities that threaten the value and safety of real and personal property located in the Town. Under this authority, and consistent with its inherent police powers, the Town has determined that it is necessary to prohibit seaplane operations from mooring, docking, launching, operating, taxiing, or otherwise being used on any of the waters within the Town’s jurisdiction. Such seaplane operations constitute a public nuisance and safety hazard and cannot be permitted to continue consistent with the Town’s responsibility to protect its residents and visitors. Therefore, the Town’s beaches, harbors, inland lakes, and bays must be kept free from seaplane usage to prevent damage to property and/or risk of injury or death to those enjoying the outdoor recreational activities offered by the Town’s unique natural and scenic environment.

Accordingly, the Town will comply with its duty to protect the Town’s residents’ health, safety, and general welfare by prohibiting seaplane operations on Town waters. This prohibition is necessary to eliminate danger, apprehension of danger, pollution, apprehension of pollution, contamination and infestation from other bodies of water, destruction of property values, and interference with other lawful uses of the water within the Town’s jurisdiction enjoyed by the great majority of residents, including boating, sailing, fishing, swimming, and other recreational uses.

Moreover, such a prohibition of seaplane operations on Town waters is consistent with the Town’s ability to control the location over which aircraft and helicopters takeoff and land. This local control is reserved to the Town and is not affected by federal or state law. Indeed, municipalities have always had the authority to determine the location from which aircraft takeoff and land. Courts as well as the Federal Aviation Administration have recognized this authority since the dawn of flight. This amendment is a simple and logical extension of the Town’s desire to protect its residents and visitors from seaplane operations on Town waters. The Town’s police powers and zoning authority is thereby exercised to prohibit all seaplane operations on Town waters.

The amendment expressly does not apply to aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency. Use of the waters within the Town’s jurisdiction will remain open to such operations at all times without restriction or charge.

Section 2. Amendment

Chapter 73 Aircraft

§ 73-1 Aircraft prohibited.

A. Helicopters prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of East Hampton except on Gardiner’s Island, the Town Airport, and the Montauk Airport.

B. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off, taxi, or emplane or deplane any seaplane on or from Town Beaches and Waterways, Trustee Waters and Beaches, Town Waters, Town docks, and/or Floats (as defined in Chapter 246 of the Town Code).

§ 73-2 Exceptions.

A. This ordinance shall not apply to aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency.

B. This ordinance shall not apply to seaplane operations that originate from or terminate at Gardiner’s Island. For an operation to fit within this subsection (B), prior to the operation a designated representative of Gardiner’s Island must file a written flight plan with the Town’s designated representative (which will be the Town Board’s Airport Liaison).

§ 73-3 Penalties for offenses.

A. Any person violating the provisions of §73-1 shall be guilty of a misdemeanor,

(I). for first offense, punishable by a fine of not less than $1,500 nor more than $5,000 or by imprisonment for up to 14 days, or both;

(ii). for any subsequent event within 18 months of a prior offense of this section, by fine of not less than $5,000 nor more than $10,000 or by imprisonment for up to 30 days, or both.

B. The provisions of §73-1 may be enforced by any duly constituted law enforcement officer having jurisdiction within the Town of East Hampton, including any Ordinance Enforcement Officer, police officer, peace officer, harbormaster and/or bay constable of the Town of East Hampton, Park Manager and/or any other person duly designated by the East Hampton Town Board to enforce the same.

and be it further

RESOLVED, that the Town Clerk shall publish the attached Notice of Public Hearing in the December 10, 2020 edition of the East Hampton Star.

NOTICE OF PUBLIC HEARING

Introductory No. of 2020

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, January, 7, 2020 at 2:00 p.m., or as soon after as this matter can be heard to consider any and all comments in relation to the proposed local law amending Chapter 73 (Aircraft) of the Town Code to adopt regulations on the operation of seaplanes within the Town to ensure compliance with the Town’s oversight and safe use of its municipal waters, an abstract of which is as follows:

Amendment to 73-1 to prohibit the landing or take-off or taxi of helicopters on or from the waters, beaches or on any land within the Town of East Hampton except on Gardiner’s Island, the Town Airport, and the Montauk Airport, and to prohibit the landing, take off or taxi or emplaning or deplaning of any seaplane on or from Town Beaches and Waterways, Trustee Waters and Beaches, Town Waters, Town docks, and/or Floats; and to provide an exception to aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency, and excepting from such regulations seaplane operations that originate from or terminate at Gardiner’s Island. .

The full text of the proposed local law shall be available from the Town Clerk's office and will be available on line at the Town's website;

Dated: December 3, 2020

East Hampton, New York

BY ORDER OF THE TOWN BOARD

TOWN OF EAST HAMPTON

Carole A. Brennan

Town Clerk

RESOLUTION: 2020-1122

CATEGORY: Budget

SPONSORED BY: Councilman David Lys

DEPARTMENT: Bookkeeping

Budget Modification - Aquaculture

Resolved, that at the request of the Department Head the Budget Office is directed to make the following modification to the 2020 operating budget to finance the completion of an upgrade (windows) to the Hatchery Building:

From A8740-51200 (PT) $1,500 to A8740-54500 (Contractors)

RESOLUTION: 2020-1123

CATEGORY: Prof. Services (Attorney, Eng., Appraisers, Cons.)

SPONSORED BY: Councilman David Lys

DEPARTMENT: Town Attorney

Increase Cap - Outside Counsel 2020 Law Offices of Cahn & Cahn, PC

WHEREAS, the Town of East Hampton retained the Law Offices of Cahn & Cahn, P.C. by Resolution #2020-209 on February 6, 2020;

WHEREAS, the Town of East Hampton has retained the services of Law Offices of Cahn & Cahn, PC, as outside counsel to represent the Town in various matters including the Ron Baron case for calendar year 2020, now therefore be it

WHEREAS, the allotted amount for the aforementioned case was $25,000.00, and with this amount having been exceeded and litigation still pending on same; it is

RESOLVED, that an increase in funding is required and such increase shall be capped at $25,000.00 constituting a total of $60,000.00 for the 2020 calendar year; and, be it further

RESOLVED that payment to said counsel shall not exceed SIXTY THOUSAND DOLLARS ($60,000.00), upon claim vouchers properly submitted, from Budget Account A 1420 54520.

RESOLUTION: 2020-1124

CATEGORY: Agreements, Contracts

SPONSORED BY: Councilman David Lys

DEPARTMENT: Town Attorney

Accept Change Order #1 - Bid #EH19-036 - Montauk Shellfish Hatchery Alterations

WHEREAS, the Town Board solicited bids for the Montauk Shellfish Hatchery Alterations under Bid #EH19-036 and accepted the bid of Lipsky Enterprises, Inc. by Resolution No. 2019-1276; and

WHEREAS, the Town would like to require additional work consisting of replacement of two (2) additional bathroom windows; and

WHEREAS, the Contractor has provided a cost proposal, dated July 31, 2020 for such additional work at a cost of $3,760.00; now, therefore be it

RESOLVED, that Change Order #1 in the amount of $3,760.00 is hereby approved, and the total Contract amount is hereby increased from $159,800.00 to $163,560.00; and be it further

RESOLVED, that such additional costs of $3,760.00 shall be paid from Fund Line #HA1620.52010.19045.

Financial Impact:

Increase of Total Cost from $159,800.00: to 163,560.00

C. COUNCILWOMAN OVERBY

RESOLUTION: 2020-1125

CATEGORY: Local Law Public Hearing

SPONSORED BY: Councilwoman Sylvia Overby

DEPARTMENT: Town Attorney

NOPH - Local Law Adopt Chapter 155 - Landscaping

WHEREAS, the Town of East Hampton is considering the adoption of a new Chapter 155 "Landscaping & Gardening" of the East Hampton Town Code to enact regulations which encourage green landscaping practices and protect the public health by reducing emissions from gas and diesel-powered leaf blowers and reducing noise, said local law to read as follows:

Introductory No. of 2020

Local Law No. 2021

A local law to establish Chapter 155 of the East Hampton Town Code to enact regulations which encourage green landscaping practices and protect the public health by reducing emissions from the use of gas and diesel-powered leaf blowers, reducing noise, and deterring unlicensed landscapers.

SECTION I. FINDINGS:

A. This local law establishes Chapter 155 of the Town Code entitled "Landscaping" to advance the interests of Town residents in encouraging green landscaping practices, protecting public health by reducing emissions from the use of gas and diesel-powered leaf blowers, reducing noise, and deterring unlicensed landscapers.

B. Based on this research and information from various sources, the Town Board finds that certain commercial landscaping and gardening activities may pose a risk of noise, odor, and pollution that may otherwise disturb the public health and welfare of Town residents. Scientific studies have been presented to this Board indicating that emissions from gas-powered leaf blowing equipment can cause deleterious health effects for those in the vicinity of their use. Further, the use of this equipment causes an unreasonable amount of noise that is detrimental to the quiet enjoyment of neighboring residences.

C. The current Town Code, though requiring Home Improvement Contractor’s Licenses for commercial landscapers who also do installations of outdoor improvements such as walkways, patios, and similar structures as a part of their services, does not require a license for commercial landscapers who only engage in property maintenance such as cutting lawns and raking and disposing of leaves. However, the Town requires a mechanism to contact commercial landscapers working within the Town to assure that they are aware of the restrictions and limitations placed upon such activities by this local law, and to adequately enforce the provisions of this Chapter.

D. This chapter, adopted pursuant to the authority of the Town Law and the Municipal Home Rule Law of the State of New York, will limit the use of gas-and diesel powered leaf blowers, and create a licensing requirement for commercial landscapers engaged in property maintenance.

SECTION II. TOWN CODE AMENDED:

§155-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL LANDSCAPING

A form of Home Improvement Contracting involving any landscaping, gardening or groundskeeping services, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land within the Town.

COMMERCIAL LANDSCAPING LICENSE

An endorsement by the Town of East Hampton to a landscaper’s Home Improvement Contractor’s License to allow a landscaper to perform Commercial Landscaping activities within the Town of East Hampton.

GARDENING

The tilling, sowing, cultivating, trimming, fertilizing, pruning, cutting, shaping, treating, spraying, or otherwise maintaining and/or providing care for any lawn, sod, trees, flowers, shrubs, bush, plants, or other flora on any lot, plot, or parcel of land.

GAS or DIESEL POWERED LEAF BLOWER

Any device powered by a gasoline, diesel or similar fuel engine which is used, designed, or operated to produce a current of air for the purpose of pushing, propelling or blowing leaves, dirt, gardening and grass clippings and cuttings, refuse or debris, whether portable and carried, or walked behind, or attached to a tractor or similar machine.

GROUNDSKEEPING

The cleaning of any lot, plot, or parcel of land by means of gathering and/or removing weeds or any fallen, diseased, dead, or discarded tree limbs, branches, brush, leaves, grass, or lawn clippings, fruit or flower waste, or other plant waste and any litter, dirt, debris, rubbish, or other refuse or waste present or engendered on or about the premises. Groundskeeping does not include the removal of litter, dirt, debris, rubbish, or other refuse or waste by a commercial refuse carter which is not performing any other commercial landscaping services to or for the benefit of the owner, tenant, or occupant of the lands, grounds, or buildings from which the removal is taking place.

HOLIDAY

New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day.

LANDSCAPER

Any person over the age of eighteen (18), firm, corporation, or other entity performing commercial landscaping services.

LANDSCAPING

The planting, transplanting, arranging, placing, and/or removal of any lawns, sod, trees, flowers, shrubs, bushes, plants, or other flora on any lot, plot, or parcel of land for a planned design or purpose or to achieve some aesthetic effect. Such activities shall not include the installation of any outdoor improvements requiring a Home Improvement Contractors License unless such commercial landscaper also holds a Home Improvement Contractor’s License.

§155-2. License required; exceptions.

A. It shall be unlawful for any person to engage in, or practice the trade or business of, commercial landscaping within the Town without having obtained and having in force a commercial landscaper’s endorsement to their Home Improvement Contractor’s license pursuant to the requirements of this chapter.

B. Commercial landscaping work may be performed without a license by the owner, lessee or occupant of the property upon which the work is being performed, or an employee of the owner, lessee, or occupant, provided that such employee does not provide commercial landscaping for other properties within the Town and does not receive compensation for such commercial landscaping work.

C. The limitations contained herein as they apply to the use of gas or diesel powered leaf blowers applies to all use of such equipment whether performed by a licensed person or legally unlicensed person under this Chapter.

§155- 3. Application procedure; fee; expiration; decals.

A. Any commercial landscaper applying for a Home Improvement Contractor’s license or any renewal thereof shall file with the Town Clerk a written acknowledgement, as a part of their application or renewal, upon forms to be furnished by the Town Clerk, confirming their receipt of a copy of this Chapter and the requirement that such commercial landscaper shall be bound by the regulations contained herein.

B. In addition, if the commercial landscaper uses or intends to use regulated chemicals or pesticides, proof of applicable New York State Department of Environmental Conservation certificate must be submitted at the time of application and/or renewal.

C. In addition, if the commercial landscaper uses or intends to apply fertilizer product(s), proof of a certificate of completion of a Suffolk County Nitrogen Fertilizer Turf Management Course must be submitted at the time of application and/or renewal

§155-4. Regulations.

A. No homeowner or tenant performing groundskeeping, or landscaper or other person in control of performing or providing commercial landscaping services shall engage in the following or permit any person who is within their employ or control to:

(1) Blow, rake, place, spill, dump, or otherwise deposit any leaves, grass, garbage, refuse, cuttings, wood, oil, pesticides or other materials or debris from one property onto any public property, including, but not limited to, streets, sidewalks and rights-of-way, or upon the private property of another person without such other person's permission.

(2) Remove leaves, clippings or other yard waste in a truck, dump truck, van, or other motor vehicle, trailer, container, or other towable device without securing a tarpaulin or other cover to prevent spillage.

(3) Spill or dump any oil, gasoline or other petroleum products within the Town.

(4) Fill or refill any machinery or equipment with any fuel or lubricant except over a drop cloth or other device designed to catch and retain any accidental spillage.

(5) Dispose of grass, leaves, branches and other groundskeeping waste by burning in violation of Chapter 141 of the Town Code.

B. All commercial landscaping shall be performed in accordance with the laws, ordinances, rules, and regulations of the United States, the State of New York, the County of Suffolk, and the Town of East Hampton.

C. No walk behind leaf blowers powered by gas or diesel shall be utilized upon any property within the Town of East Hampton, exclusive of any property in any incorporated village, unless such property is greater than one acre in area,

D. No more than two leaf blowers of any power source (handheld, backpack, walk-behind or any combination thereof) shall be used at any one time on any property, exclusive of property in any incorporated village, unless such property is greater than one acre in area.

E. No gas or diesel generators may be utilized to power any electric leaf blowers at any time.

§155-5. Operation of Gasoline or diesel-powered leaf blowers within the Town.

A. No landscaper, homeowner, business owner or municipal employee shall operate any gas or diesel powered leaf blower:

(1) during the period from May 20th to September 20th of any year;

(2) from September 21st to May 19th of any year, before 8:00 a.m. or after 6:00 p.m. on any weekday;

(3) from September 21st to May 19th of any year, before 9:00 a.m. or after 5:00 p.m. on Saturdays;

(4) from September 21st to May 19th of any year, on Sunday or on federal or New York State holidays, unless such leaf blower is operated by the homeowner or tenant, and only between the hours of 9:00 a.m. and 3 p.m.;

B. The restrictions and limitations set forth in Section “A” hereof shall apply to all properties located within the boundaries of the Town of East Hampton, including but not limited to beach clubs, golf clubs, tennis clubs, restaurants, and shopping centers.

C. Exceptions:

The restrictions and limitations set forth in this Section shall not apply:

(1) During times of emergency as determined by executive order of the Town Supervisor, provided the use of such equipment which is non-compliant with this Chapter is deemed necessary by the Supervisor or other emergency response official to adequately and expeditiously address the emergency.

(2) The Supervisor or his or her designee, may, in his or her discretion and upon application, grant a temporary permit to allow the operation of one or more gas-powered leaf blowers to accommodate a special circumstance. By way of illustration, a "special circumstance" includes, among other things, the remediation of an abandoned or neglected property, the cleanup of streets and roadways following a severe storm or any emergency situation which presents an immediate danger to public health and safety.

§155-6. Suspension or revocation of license.

A violation of any provision of this Chapter shall be deemed a violation of the Licensee’s Home Improvement Contractor’s License and in addition to the penalties set forth in this chapter, the Licensing Review Board which shall have authority to conduct investigations into any complaints and such violations shall be a basis for the limitation, suspension and/or revocation of the Contractors Home Improvement Contractors License.

§155-7. Penalties for offenses.

A. Any person or persons who shall violate any of the provisions of this chapter, shall be subject to the following penalties:

(1) For conviction of a first offense, by a fine of not more than $1,000.

(2) For conviction of the second of two offenses, both of which were committed within a period of five years, by a fine of not less than $1,500 and not more than $2,500.

(3) For conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not more than $5,000.00.

§155-8. Severability.

If any clause, sentence, paragraph, section, word or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, word or part of this chapter directly involved in the controversy in which judgment is rendered.

Section III - EFFECTIVE DATE:

This local law shall take effect immediately upon filing with the Secretary of State as required by law.

NOW, therefore, be it

RESOLVED, that the Town Clerk shall publish the following Notice of Public Hearing in the next edition of the EAST HAMPTON STAR.

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard to consider any and all comments in relation to the proposed enactment of a Chapter 155 "Landscaping and Gardening" to the East Hampton Town Code read as follows:

Introductory No. of 2020

Local Law No. 2021

SECTION I. FINDINGS:

SECTION II. TOWN CODE AMENDED:

§155-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL LANDSCAPING

COMMERCIAL LANDSCAPING LICENSE

GARDENING

GAS or DIESEL POWERED LEAF BLOWER

GROUNDSKEEPING

HOLIDAY

New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day.

LANDSCAPER

Any person over the age of eighteen (18), firm, corporation, or other entity performing commercial landscaping services.

LANDSCAPING

§155-2. License required; exceptions.

A. It shall be unlawful for any person to engage in, or practice the trade or business of, commercial landscaping within the Town without obtained and having in force a commercial landscaper’s endorsement to their Home Improvement Contractor’s license pursuant to the requirements of this chapter.