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LOCAL LAW PUBLIC HEARING
NOPH - Amend Chapter 193 "Open Space Preservation"
8/18/2016 12:00 AM
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing shall be held on September 1, 2016 at 6:30 p.m. or as soon thereafter as this matter may be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: A local law amending Chapter 193 (Open Space Preservation) Article II (Open Space Subdivisions) Section 193-2-62 "Reduction of open space requirements", to read as follows:
LOCAL LAW No. __ of 2016
Introductory No. 44 of 2016
SECTION I. Legislative Intent.
This legislation is intended to provide the Planning Board with the ability to permit minor subdivisions of four (4) lots or less on properties containing legally pre-existing multiple residences, provided that the open space requirements can be met within the subdivision as a whole by way of scenic and/or conservation easements on the lots within the subdivision and such other mitigation as the Planning Board may deem appropriate and reasonable is provided.
SECTION II. Town Code Amended
Chapter 193 (Open Space Preservation), Article 1I (Open Space Subdivisions) Section 193-2-62 "Reduction of open space requirements" of the East Hampton Town Code is hereby amended by adding the following to read as follows:
C. Where the property is improved with non-conforming improvements and is proposed to be divided into four (4) lots or less and developed in a manner which renders the property more complying in one or more respects, by reducing existing density and/or providing environmental benefits not otherwise obtainable under existing regulations. In such instances, the open space requirements of this Chapter may be met within the boundaries of the properties by way of scenic or conservation easements, and the Planning Board may, as a condition of approval, require revegetation, sanitary upgrades and such other mitigation as the Board may reasonably deem appropriate to reduce and mitigate the continued non-compliance with the requirements of the Town Code.
SECTION III. - Authority.
The proposed local law is enacted pursuant to Article IX of the Constitution of the State of New York, Section 10 of the New York Statute of Local Governments, Article 2; Section 10 of the Municipal Home Rule Law; Section 247 of the New York General Municipal Law; and Article 4, 9 and 16 of the New York Town Law. This local law shall confer upon the Planning Board the powers granted by a Special Act of the New York State Legislature at Chapter 859 of the Laws of 1981 and granted in Section 278 of New York Town Law, except as expressly limited or enlarged herein.
SECTION IV. - Effective Date.
This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
Copies of the proposed local law are available in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m., exclusive of holidays.
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