Each application to the East Hampton Town Planning
Board for approval of a subdivision waiver shall be based upon information
provided in the application form and all other drawings, which shall
conform to the requirements of this chapter. Subdivision waivers may
be allowed to forego the filing of an application for a subdivision,
provided that, in the opinion of the Town Planner and/or the Town
Engineer with concurrence by the Planning Board, the conditions set
forth in this Article are adequately provided for.
A.
A submission for a subdivision waiver shall include
the following:
(1)
Application form.
(2)
Paper prints of the survey map, showing all
contiguous holdings, the arrangement of lots, their metes and bounds,
adjacent land owners and such other data required by these regulations
in sufficient quantity to allow the Planning Board to make all referrals.
(Check with the office of the Planning Board.)
(3)
Subdivision waiver filing and review fee in such amount and form as the Town Board may from time to time prescribe in accordance with the provisions of § 220-1.12 hereof.
[Amended 5-1-1992 by L.L. No. 10-1992]
(4)
Copies of legal instruments covering parkland
dedications or scenic and other forms of open space easements.
(5)
A copy of covenants or deed restrictions as
are intended to cover all or part of the tract.
(6)
A topographic map at contour intervals of five
feet.
B.
Further, the proposed division shall meet all the
requirements of any one of the categories listed below:
(1)
The subdivision of property by an owner who
owns a small parcel of land with sufficient frontage on a public road,
provided that:
(a)
The property be divided into no more than four
lots.
(b)
Each lot so created does not exceed 150% of
the lot area requirements of the one in which it is located so that
each may not be further subdivided.
(c)
Each lot so created conforms to the Zoning Code
of the Town of East Hampton.
(d)
Each lot so created has the proper road frontage.
(e)
The lots are to be arranged so that the future
use of such lots does not interfere with the natural topography of
the land.
(f)
The division of the land does not create traffic,
safety or drainage problems.
(g)
The division of land is consistent with the
surrounding area and does not interfere with the future planning of
the community, including but not limited to street layout.
(h)
In order to minimize driveway access on public
roads, appropriate mutual easements may be required to be created.
(2)
The subdivision of property by an owner, who
owns a large tract of land with sufficient frontage on a public road,
who wishes to convey one, two or three (the maximum) lots conforming
to all zoning requirements, provided that:
(a)
The new lots so created do not exceed 150% of
the lot area requirements of the zone in which they are located with
the exception of the remainder of the large original piece.
(b)
The creation of the new lots does not interfere
with future planning of the remaining large parcel, which parcel must
be of adequate size so that proper future subdivision map may be made
of it.
(c)
The new lots so created have the proper road
frontage.
(d)
The lots are to be arranged so that the future
use of such lots does not interfere with the natural topography of
the land.
(e)
The division is not an attempt to circumvent
the rules and regulations of the Planning Board.
(f)
The division does not create traffic, safety
or drainage problems.
(g)
The division of the land is consistent with
the surrounding area and does not interfere with the future planning
of the community.
(h)
Reserved area may be accepted by deed to the
Town of East Hampton at this time and credited to the future subdivision
map.
(3)
The subdivision of property by an owner of an
extremely large tract of land with sufficient frontage on public roads
who wishes to divide it into less large tracts, each of which lends
itself to proper future subdivision, provided that:
(a)
The boundaries are created in a manner that
is not an attempt to circumvent the Planning Board rules and regulations.
(b)
The resultant tracts lend themselves to future
good planning and the division does not interfere with the future
planning of the tracts.
(c)
The division is consistent with the principles
of good planning.
(d)
The division is consistent with the topography
of the tract and does not create traffic, safety or drainage problems.
(e)
The division of the land is not consistent with
the surrounding area and does not interfere with the future planning
of the community.
(4)
The subdivision of property by an owner who
wishes to grant an open space or open area easement to the Town of
East Hampton pursuant to the provisions of § 247 of the
General Municipal Law of the State of New York, provided that:
(a)
The Planning Board shall find the easement to
be in the best interest of the town and in conformance with the objectives
of the Comprehensive Plan, particularly to preserve the rural character,
cultural and historic resources and open space of the town.
(b)
The resultant lot or lots will be at least 150%
of the minimum lot area permitted in the zoning district in which
the lot or lots are located.
(c)
Premises shall be in Zoning Districts, A, A2,
A3 or A5.
(d)
The easement shall run to the Town of East Hampton
and be in perpetuity and run with the land.
(e)
The easement may cover the entire lot and may
reserve the right to build one dwelling and appurtenances.
C.
The signature of the duly authorized Planning Board
Officer constituting final approval of a subdivision waiver shall
expire 60 days after the date of such signature, unless within such
time the subdivision waiver shall have been filed in the office of
the Town Clerk and Building Inspector.
D.
The Planning Board shall expressly set forth in any
resolution granting approval to subdivision waiver the Board's conformance
to any recommendations made by the Fire Department or district having
jurisdiction or, if the Board's approval does not conform to such
recommendations, the reasons therefor.
[Added 12-3-1999 by L.L. No. 33-1999]
