For the purpose of this chapter, certain words and terms used herein are defined as follows:
100-YEAR FLOODA flood having a 1% or greater chance of being equaled or exceeded in any given year (also known as "base flood").
APPLICANTThe person or persons or legal entity who applies to the Planning Board for a subdivision of land. If the applicant is not the owner of the land proposed to be subdivided, the applicant shall provide a written statement from the owner that authorizes the applicant to make application on the owner's behalf.
AQUIFERAn underground body of permeable rock or sediment that holds groundwater.
BOUNDARY LINE ADJUSTMENT (BLA)The process for adjusting property lines between legally existing lots. This process cannot create a new lot, nor can it reduce the size of a lot so that it contains insufficient area and dimension to meet minimum requirements of the Town Zoning Law unless an area variance is first obtained.
BOUNDARY LINE ADJUSTMENT MAPA map that is prepared by a licensed surveyor showing by field survey the existing and proposed change of the lot boundaries, the amount of acreage involved in the adjustment, the acreage of the lots before and after the boundary line adjustment, the record owners of each lot involved, and such other information as may be pertinent to the adjustment.
CHAPTERUnless otherwise indicated, the use of the word "chapter" shall mean this Subdivision Law which is codified in the official Town of Austerlitz Code as Chapter
167.
That representative of the Town who is designated to perform the clerical duties of the Planning Board for purposes of this chapter.
CODEThe official compilation of the local laws of the Town of Austerlitz.
COMPREHENSIVE PLANThe plan adopted by the Town of Austerlitz on September 9, 2004, as it may be amended from time to time.
CONSERVATION EASEMENTAn easement, covenant, restriction or other interest in real property, created under Article 49 of the Environmental Conservation Law of the State of New York, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose stated in § 49-0301 of the Environmental Conservation Law of the State of New York.
EASEMENTAuthorization by a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property.
HOMEOWNERS' ASSOCIATION (HOA)An incorporated organization or other legal entity that owns or maintains property for the common benefit of individual homeowners or lot owners where the homeowners or lot owners are required to contribute to the maintenance of a private road or common property or where the homeowners or lot owners are required to join the HOA as a condition of their ownership of the home or lot. As much as this definition conflicts with any definition of "homeowners' association" in state law, the Town intends to supersede state law on the definition of "homeowners' association" for purposes of this chapter.
IMPROVEMENTSThose physical changes to the land, or installation of certain infrastructure, landscaping, or structures, necessary to produce usable and desirable lots, blocks, or sites from raw acreage, including, but not limited to, water and septic systems, grading, pavement, curbs, gutters, storm drains and betterments to existing watercourses, sidewalks and other pedestrian ways, road signs, shade trees, sodding or seeding and monuments, whether intended to be dedicated and maintained by the public or held in private ownership.
OFFICIAL MAPThe map, if any, which may be established by the Town Board under § 270 of the Town Law, showing roads, highways and parks and drainage theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
OPEN SPACEIncludes any area that is characterized by natural scenic beauty or whose condition or quality is such that it will enhance the present or potential value of surrounding developed lands or enhance the conservation of natural or scenic resources or preserve the community's historic character.
OWNERThe person or persons or legal entity that holds the title of record for a parcel of land.
PARCELAn area of land with definite boundaries, all parts of which have the same owner, the boundaries of which are established either by the filing of an approved subdivision plat or by the recording of a deed prior to the adoption of Subdivision Regulations by the Town of Austerlitz in May of 1973.
PARENT PARCELA lot, as recorded in the Assessor's office, existing in the Town of Austerlitz on the date of adoption (June 11, 2009) of the Town of Austerlitz Zoning Law, Chapter
195 of the Code.
A test to determine the water absorption of soil in preparation for the construction of a septic drain field (a/k/a leach field). This test may be required to show that a proposed building lot can support an on-site septic system.
PHASE DEVELOPMENTDevelopment that is approved for and/or which occurs in defined stages.
PLAT, FINALA drawing, clearly marked or stamped by the Planning Board as "final," showing the layout of the proposed subdivision, as specified in this chapter, and containing in such additional detail all information required to be shown on a preliminary plat and the modifications, conditions, or notes, if any, required by the Planning Board at the time of approval of the preliminary plat if such preliminary plat has been so approved.
PLAT, PRELIMINARYA drawing or drawings, clearly marked "preliminary plat," showing the layout of a proposed subdivision, as specified in this chapter, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to fully apprise the Planning Board of the layout of the proposed subdivision.
ROADA public or private way which affords vehicular access to abutting property. The definition of "road" is further defined in Chapter
160, Article
I, Street Specifications, of the Code of the Town of Austerlitz, which establishes standards for the design and construction of Town roads, private roads and driveways in the Town of Austerlitz, or as may be amended.
A sewage disposal system designed for the on-site treatment of sanitary waste. All septic systems for new lots shall be designed in compliance with state and county health regulations. Any design for septic systems shall be based on a percolation test.
SEQR (STATE ENVIRONMENTAL QUALITY REVIEW)Review of an application according to the provisions of the State Environmental Quality Review Act, 6 NYCRR Part 617 (statutory authority: Environmental Conservation Law § 8-0113), which incorporates the consideration for environmental, social and economic factors into the planning, review and decisionmaking processes of state, county and local government agencies.
SETBACKThe horizontal separation distance from the property line or, in the case of shoreline property, from the mean high-water mark to the building line of the structure.
SKETCH PLANA sketch of a proposed subdivision, showing the information specified in this chapter, to enable the owner or applicant to reach conceptual agreement with the Planning Board as to the prospective layout of a subdivision and compliance with the objectives of this chapter.
SKETCH PLAN CONFERENCEAn optional initial Planning Board review of the project proposal with the applicant. The sketch plan conference provides an opportunity for an applicant to learn from the Planning Board what the subdivision submission requirements will be prior to submitting the plat. Sketch plan review does not constitute formal submission of an application and SEQRA does not apply to the sketch plan submission because no final decisions are made at this stage of the process.
START OF CONSTRUCTIONThe initiation of any physical alteration of the property, excluding planning and design, during any phase of a project, and shall include land preparation, such as clearing, grading and filling; installation of roads; excavation for a basement, footings, or foundations; or the erection of temporary forms. "Start of construction" also includes the placement and/or installation on the property of accessory buildings, storage trailers and building materials.
STRUCTUREAnything constructed or built, any edifice or building of any kind, which requires location on the ground or is attached to something having a location on the ground, including, but without limitation, swimming pools, covered patios, towers, poles, sheds, signs or tanks, excepting outdoor areas such as paved areas and walkways.
SUBDIVISIONThe division of a parcel into two or more lots. A subdivision is determined to be major or minor depending on the dimensions of the original parcel as it existed at the time of the adoption of the Zoning Law, June 11, 2009.
SUBDIVISION, MAJORAny subdivision including, but not limited to, subdivisions of five or more lots from the same parcel of land, or any subdivision requiring any new road. Major subdivisions are reviewed in at least a two-step process involving both a preliminary plat and final plat. This process provides the opportunity to comprehensively address the concerns of larger-scale development. See the Town of Austerlitz Zoning Law, Chapter
195, §
195-15, which establishes dimensional and density requirements and limitations for the number of lots that may be created depending on the size of the parent parcel.
Any division of land consisting of four or fewer lots that fronts on an existing road; where no new roads are created; where the development of the remainder of the parcels or adjoining property is not adversely affected; which is not in conflict with any provision or portion of the Comprehensive Plan, Official Map, site plan review regulations, or any other law, ordinance or regulation of the Town of Austerlitz; and where the land has not been the subject of a prior subdivision(s) within the last 10 years from the date of the new application submission that would result in the creation of more than four lots within that ten-year period. If the application does not meet the above requirements, said application shall be considered a major subdivision.
SURVEYORA person licensed as a land surveyor by the State of New York.
TOWN CODECompilation of the local laws of the Town of Austerlitz.
TOWN ENGINEERThe duly designated Engineer for the Town, licensed by the State of New York.
TRACTAn area of land composed of two or more contiguous lots.
WATER, SURFACEWater contained in streams, rivers, ponds, wet areas, lakes and other water bodies and watercourses or that drains across land.
WATER, UNDERGROUNDA source of water contained in the ground or flowing from the ground, such as contained in an aquifer or flowing from a spring or well.
WATERCOURSEA channel in which a flow of water occurs, either continuously or intermittently.
WETLANDSLands and submerged lands, commonly called "marshes," "swamps," "sloughs," "bogs" and "flats," supporting aquatic or semiaquatic vegetation, as determined by federal and/or state environmental agencies.
ZONING CODEThe Zoning Law adopted by the Town Board of the Town of Austerlitz, as may be amended from time to time, as codified in the Town of Austerlitz Code as Chapter
195.