Town of East Hampton, NY Part 4 Enforcement of Regulations

Article XX Enforcement

§ 220-4.01 Penalties for offenses.

Any violation of the rules and regulations of the Planning Board of the Town of East Hampton, as heretofore enacted and from time to time amended, is declared to be an offense, punishable by imprisonment for a period not to exceed six months or a fine not exceeding $250, or both, as prescribed by § 268 of the Town Law. Each week's continued violation shall constitute a separate additional violation.

§ 220-4.02 Penalty for subdividing without approval.

Any person who shall create a subdivision in the Town of East Hampton outside incorporated villages without first obtaining approval of the Town of East Hampton Planning Board of a subdivision map or plat showing the land to be subdivided shall be guilty of an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months, or both, as prescribed by § 268 of the Town Law. Each week's continued violation shall constitute a separate additional violation. As used herein, the word "subdivision" shall mean a subdivision as defined in § 220-1.04 of the rules and regulations of the Planning Board of the Town of East Hampton.

§ 220-4.03 Institution of action.

Any person having knowledge of such offense may institute appropriate action to enforce the provisions of this chapter.

§ 220-4.04 Right to vary or waive provisions.

[Amended 12-3-1999 by L.L. No. 33-1999; 12-15-2011 by L.L. No. 15-2011]

A. Vary. The Planning Board shall have the right to vary the provisions of this chapter in any particular case where, in its judgment, exceptional conditions of terrain or other factors impose undue hardship or practical difficulty, provided that the varying of such provisions:

(1) Can be done in such a way as to grant relief and at the same time protect the general interest; and

(2) Does not include Section 220-3.02A(1), 220-3.02F(1) and (4) and 220-3.28, except as otherwise set forth therein or where a reduction of density would result, and provided the result is not inconsistent with the New York State Fire Code and the exemptions, if any, contained therein.

B. Waive. The Planning Board shall have the right to waive the provisions of this chapter concerning any particular plat or plats where, in its judgment, such improvements and requirements are not requisite in the interest of the public safety and general welfare, with the proviso that such waiver authority does not include the requirements set forth in Section 220-3.02A(1), 220-3.02F(1) and (4) and 220-3.28, except as otherwise set forth therein, or where a reduction of density would result, and provided the result is not inconsistent with the New York State Fire Code and the exemptions, if any, contained therein.

§ 220-4.05 When effective.

This chapter shall take effect 10 days after publication and posting as required by law.