A.
Authority. This chapter is adopted and enacted pursuant to the authority and power granted by Articles 2 and 3 of the New York State Municipal Home Rule Law, Article 2 of the New York Statute of Local Governments and Article 16 of the New York State Town Law. By the authority of the resolution of the Town Board of the Town of Austerlitz and this local law (Chapter 167 of the Town of Austerlitz Code), and pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Austerlitz is authorized and empowered to review and approve: preliminary and final plats of subdivisions, showing lots, blocks or sites, with or without roads or highways; the adjustment or elimination of boundary lines between existing lots; and the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county.
B.
Policy. It is to be the policy of the Planning Board to consider land subdivision plats and boundary line adjustments as part of a plan for the orderly, efficient, and environmentally and economically sound development of the Town of Austerlitz in accordance with the Town Comprehensive Plan adopted in September 2004, as may be amended from time to time, and the Town Zoning Law, as may be amended from time to time.[1] This policy requires, but is not limited to, meeting the following general standards:
(1)
Land to be subdivided shall be of such character that, when it is used for building purposes, it will be safe and without danger to health or peril from fire, flood or other menace.
(2)
That the quality of soil, water, air, natural vegetation and natural wildlife and resources shall be considered and adequately protected with respect to any subdivision of land.
(3)
That proper provision shall be made for drainage, water supply, sewage, utilities and other needed improvements.
(4)
That all proposed lots shall be so laid out and of such size as to be in compliance with the Town of Austerlitz Zoning Law and in harmony with the development pattern of the neighboring properties and the traditional and rural character of the Town.
(5)
That new development shall be integrated into the existing road network to the maximum extent possible and any proposed new roads shall comprise a convenient system conforming to the Official Map, if such exists, and shall be properly related to the goals shown within the Town of Austerlitz Comprehensive Plan and be built in conformance with the Town of Austerlitz Road Law (as amended),[2] to follow the natural contours of the land, and to facilitate emergency access.
(6)
That proper provision shall be made for open spaces or for parks, trails and recreational areas.
(7)
Proper provision shall be made for leaving undeveloped natural areas and corridors to mitigate the adverse environmental impacts of subdivision, to sustain a diversity of native vegetation and wildlife, and to protect water resources and scenic viewsheds and for the implementation of conservation subdivisions where appropriate.
(8)
That protection of land used for agricultural purposes and the continuation of agricultural activities shall be encouraged.
(9)
That, in general, the traditional rural character of the Town of Austerlitz should be maintained.
C.
Title. In order that land subdivisions may be made in accordance with this policy, this chapter shall be entitled the "Town of Austerlitz Subdivision Law." It is the intention of the Town Board of the Town of Austerlitz that this chapter shall repeal and replace the entirety of the Town's existing Land Subdivision Regulations which were adopted as Town of Austerlitz Local Law No. 4 of 2005. This local law and the corresponding chapter in the Town Code shall be known as, and may be cited as, the "Town of Austerlitz Subdivision Law," having been duly adopted by the Town in accordance with applicable law.