These subdivision regulations shall take effect
immediately upon approval by the Town Board after adoption by the
Planning Board. However, any subdivision which has received conditional
approval of the preliminary plat by the Planning Board prior to the
approval or future modification of these regulations may, at the discretion
of the Planning Board, be permitted to be completed under the provisions
of the subdivision regulations existing at the time of the approval.
[Amended 6-26-1993 by L.L. No. 21-1993; 5-8-2007 by L.L. No. 24-2007]
A.
Exemptions. The following divisions of property shall
be exempt from subdivision review and approval by the Planning Board:
(1)
A resubdivision of nonconforming lots shown on a subdivision
map approved by the Planning Board after October 14, 1957, and filed
in the office of the Suffolk County Clerk or the Town Clerk, but not
held in single-and-separate ownership. However, the reestablishment
of the right to build on said lots shall require variance relief from
the Zoning Board of Appeals.
(2)
A resubdivision which involves redrawing original
lot lines for the purpose of combining said lots to create conforming
parcels shown on a subdivision map approved by the Planning Board
after October 14, 1957, and filed in the office of the Suffolk County
Clerk or the Town Clerk.
B.
Waivers. The Planning Board shall have the authority
to modify or waive, subject to appropriate conditions, any provision
of these subdivision regulations as, in its judgment of the special
circumstances of a particular subdivision, is not requisite in the
interest of the public health, safety and general welfare, except
where such authority would be contrary to other ordinances or state
laws.
(1)
The Planning Board shall waive the subdivision application process and fees for a subdivision or resubdivision creating no more than two lots, inclusive of the lot to be donated or acquired, which conform to zoning or have received the requisite variances, where one lot is donated to, or acquired by, the Town, county, state or federal government or a qualified nonprofit conservation organization for open space purposes or other parkland. Such open space shall be in conformance with § 247 of the General Municipal Law and Southampton Town Code Chapter 247. Nothing herein shall be deemed to exempt such subdivision or resubdivision from approval of the Planning Board, Suffolk County Department of Health Services or any other entity with approval authority. The resultant subdivision or resubdivision map shall be duly recorded with the Suffolk County Clerk’s office.
