[Amended 8-6-2004 by L.L. No. 22-2004]
The Planning Board of the Town of East Hampton shall have authority to modify the dimensional requirements and restrictions of Chapter 255, Zoning, of the Town Code in approving the subdivision of land, so as to achieve the purposes and objectives set forth in Article I of this chapter. This grant of authority shall include the power to modify the provisions of the Chapter 255 with respect to: the minimum area or width of lots or parcels of land; the minimum setbacks of buildings or structures from any street; property line, natural feature or from any other structure; the maximum coverage or total coverage permitted on any lot or parcel of land; the maximum clearing permitted on any single lot or parcel of land pursuant to § 255-2-60 of this Code provided that the restrictions set forth in § 255-2-60 for each individual lot are met within the subdivision taken as a whole; the maximum number of dwellings (including apartments) which may be constructed on a lot or parcel, but it shall not include the power to reduce the minimum setback required from a natural feature by any provision of Chapter 255 or the power to reduce the yard setbacks required of a multiple residence development by § 255-11-10 of this Code.
In exercising the powers conferred upon it in this article, the Planning Board may treat two or more contiguous parcels of land in the same record ownership as a single tract or parcel, notwithstanding that they are separated by a public or private street, highway or right-of-way not so owned. Where such parcels lie in more than one residential zoning district, these different zoning classifications shall not restrict the Planning Board's ability to locate lots as the Board finds will best suit the purposes set forth in Article I hereof, but the Board shall give due consideration in these cases to differences in community character or in natural or man-made features, resources or systems which the respective zoning classifications were intended to foster or protect.
In approving the subdivision of land, the Planning Board may modify the dimensional requirements and restrictions of Chapter 255 of this Code, to the extent permitted by § 193-2-10 hereof, in the following circumstances:
A. 
Application by land owner. Upon receipt of a written application for the same by an owner of land, the Planning Board may exercise the powers conferred upon it in this article when the Board, in its discretion, finds that the use of this power would benefit the Town and would advance one or more of the objectives enumerated in § 220-2.03 of this Code.
B. 
Consent of land owner not required. Notwithstanding anything herein to the contrary, the Planning Board may exercise the powers granted in this article without regard to whether an applicant for subdivision of land has made written application therefor if, in the discretion of the Board, it finds that the use of this power would benefit the Town and would advance one or more of the objectives enumerated in § 220-2.03 of this Code.
[Amended 7-6-2007 by L.L. No. 25-2007]
Except as set forth in § 193-2-80 hereof, and notwithstanding any other provision of this Code to the contrary, the following described lands shall not be subdivided except as open space subdivisions pursuant to this chapter and in which the minimum open space requirements set forth in § 193-2-60 below are satisfied:
A. 
Agricultural Overlay District. Lands located either wholly or partly within the Agricultural Overlay District.
B. 
Water Recharge Overlay District. Lands located either wholly or partly within the Water Recharge Overlay District.
C. 
Prime agricultural soils. Lands containing prime agricultural soils whose preservation would implement the Town's Comprehensive Plan.
D. 
Residence Districts A3, A5, and A10. Lands located either wholly or partly within the Residence Districts A3, A5, and A10.
[Amended 7-6-2007 by L.L. No. 25-2007]
The Planning Board's exercise of its powers pursuant to this chapter shall result in the preservation as open space in the subdivision map or plat of the following percentages of the total acreage of land which is proposed for subdivision subject to any limitations set forth in § 193-2-62 below:
A. 
Open space subdivisions containing prime agricultural soils or located wholly or partly within the Agricultural Overlay District. Where a subdivision of land contains prime agricultural soils or is wholly or partly within the Agricultural Overlay District, 70% of the total acreage of land containing prime agricultural soils shall be set aside as agricultural open space.
B. 
Open space subdivisions of properties located wholly or partly within the A10 or A5 Residence Zoning Districts.
(1) 
Fifty percent of the property shall be preserved as open space.
(2) 
Seventy percent of the property shall be preserved as open space if the property is also located within the Harbor Protection Overlay District, Water Recharge Overlay District and/or properties located wholly or partially within 100 feet of the surface waters of the Atlantic Ocean, Accabonac Creek, Fort Pond (including the arm of Fort Pond north of Industrial Road), Georgica Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill Pond, Wainscott Pond, and Gardiner's Bay.
C. 
Open space subdivisions of properties located wholly or partly within the A3 Residence Zoning Districts.
(1) 
Fifty percent of the property shall be preserved as open space.
(2) 
Sixty percent of the property shall be preserved as open space if the property is also located within the Harbor Protection Overlay District, Water Recharge Overlay District and/or properties located wholly or partially within 100 feet of the surface waters of the Atlantic Ocean, Accabonac Creek, Fort Pond (including the arm of Fort Pond north of Industrial Road), Georgica Pond, Great Pond (Lake Montauk), Hog Creek, Napeague Harbor, Northwest Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill Pond, Wainscott Pond, and Gardiner's Bay.
D. 
Open space subdivisions of properties located wholly or partly within the A2 Residence Zoning Districts.
(1) 
Thirty-five percent of the property shall be preserved as open space.
E. 
Open space subdivisions of properties located wholly or partly within the A Residence Zoning Districts.
(1) 
Twenty-five percent of the property shall be preserved as open space.
[Added 7-6-2007 by L.L. No. 25-2007]
Notwithstanding the mandatory open space subdivision requirements set forth in § 193-2-60 hereof, the Planning Board may allow the division of a tract or parcel which is subject to the provisions of § 193-2-60 to reduce the amount of required open space to 50% where 60% or 70% is required and to 35% where 50% is required under the following circumstances:
A. 
Where the character of the neighborhood is such that at least three sides of the proposed subdivision contain small lots created by old filed maps or the Urban Renewal Plan; or
B. 
Where the location of pre-existing historic or architectural features, structures or settings identified by the Town' s historic preservation consultant limit the layout of a subdivision so that a design with less than the required percentage of open space will result in greater protection of the property's significant historic or architectural features, structures or settings.
[Added 7-6-2007 by L.L. No. 25-2007]
Notwithstanding anything to the contrary set forth in Chapter 255 ("Zoning"), the percentage of total lot area of a building lot that may be cleared of indigenous natural vegetation on building lots created pursuant to open space subdivisions approved after the adoption date of this local law shall be the percentage of lot area set forth below, or, if greater, the percentage permitted under Chapter 255:
Zoning District
Size of Reserved Area
Permitted Clearing
A3 Residence
50% to 59% of the property
55% of lot area
A3 Residence
60% or more of the property
75% of lot area
A3 Residence and Water Recharge Overlay District and/or Harbor Protection Overlay District
60% or more of the property
60% of lot area
A5 Residence
50% to 69% of the property
50% of lot area
A5 Residence
70% or more of the property
85% of lot area
A5 Residence and Water Recharge Overlay District and/or Harbor Protection Overlay District
70% or more of the property
65% of lot area
A10 Residence
50% to 69% of the property
40% of lot area
A10 Residence
70% or more of the property
70% of lot area
A10 and Water Recharge Overlay District and/or Harbor Protection Overlay District
70% or more of the property
50% of lot area
A. 
In calculating the amount of clearing permitted by this section on a flag lot or a lot which is burdened by a common driveway easement or access easement, the area of any flag strip or any common driveway easement or access easement shall be excluded from the lot area. Likewise, any clearing for driveway purposes within the flag strip or within the common driveway easement or access easement shall not be counted as part of the permissible amount of clearing.
B. 
If the open space requirements have been reduced pursuant to § 193-2-62, clearing on the lots shall be governed by §§ 255-2-60 and 193-2-10.
Because of the crucial importance of prime agricultural lands to the continued vitality of the town's farming industries, as well as in defining East Hampton's visual character and sense of place, special care must be taken to ensure that the provisions of this chapter which affect agricultural land are strictly and carefully implemented. For this purpose, the following rules shall apply in the subdivision of land containing prime agricultural soils:
A. 
Calculation of prime agricultural soils. The Planning Board shall calculate the minimum acreage of prime agricultural soils which must be set aside as open space pursuant to § 193-2-60 hereof without deducting the areas of such soils which are occupied at the time of subdivision by buildings and structures or which are otherwise rendered impracticable for agricultural use by virtue of the location of such buildings or structures.
B. 
Maximized preservation of prime soils. Where land which is proposed to be subdivided contains both prime agricultural soils and other soils, the Planning Board may require that development take place on these other soils in order to maximize the preservation of prime agricultural soils.
[1]
Editor's Note: Section II of this local law provided as follows: "The provisions of subparagraph A of § 193-2-70 hereof shall not apply to any subdivision map or plat which has received preliminary subdivision approval from the Planning Board on or before the effective date of this local law."
Notwithstanding the mandatory open space subdivision requirement set forth in § 193-2-40 hereof, the Planning Board may in certain circumstances allow the division of a tract or parcel of land which is subject to the provisions of § 193-2-40 into as many as four lots or parcels, without requiring that any or all of the requisite open space is set aside at the time of such subdivision. In any such case, however, creation of the minimum acreage of open space which would otherwise have been required by this article shall be deemed only to have been deferred. To this end, the Planning Board shall not approve a subdivision pursuant to this section except by adhering to the following procedures and safeguards:
A. 
Eligibility for subdivision waiver. Any division of land pursuant to this section shall be by subdivision waiver, and the Planning Board shall specifically find and determine that such subdivision is eligible for waiver of subdivision approval in accordance with the criteria set forth in § 220-2.25B(2) or (3) of this Code.
B. 
Capability of ultimate compliance with this article. The Board shall ensure that one or more of the lots or parcels created by such subdivision is large enough to accommodate a future open space subdivision in which the minimum open space requirements of this article can be satisfied, as calculated upon the original total acreage of the tract or parcel being subdivided. In so providing, the Board shall require the applicant for subdivision to prepare and submit a map or plat for the future division of the lots or parcels in question, in such detail as the Board may find necessary to demonstrate compliance with the requirements of this subsection and with all requirements of Chapter 220 of this Code.
C. 
Encumbrances to ensure ultimate compliance. The Board shall require the grant to the Town of a conservation easement, or the preparation and recording of some other suitable instrument encumbering the remaining divisible parcel or parcels, which easement or other instrument provides that, in the event the remaining parcel or parcels are further subdivided, an area of open space will be set aside which is of a character and size sufficient to meet the requirements of this article at the time of the original subdivision, based upon the total acreage of the original tract or parcel.