A.
Words used in the present tense include the future.
B.
Words used in the singular number include the plural, and words used
in the plural number include the singular, unless the context clearly
indicates the contrary.
C.
The word "shall" is always mandatory. The word "may" is permissive.
D.
A "building" or "structure" includes any part thereof. "Building
or other structure" includes all other structures of every description,
regardless of dissimilarity to conventional building forms.
E.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
F.
The word "person" includes a partnership or corporation, as well
as an individual. This chapter shall be interpreted as gender-neutral.
G.
The word "lot" includes the word "plot" or "parcel."
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
A flood having a 1% or greater chance of being equaled or
exceeded in any given year (also known as "base flood").
An area of land where a 100-year flood may occur.
The 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.
An underground body of permeable rock or sediment that holds
groundwater.
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.
A 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.
Unless 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.
The official compilation of the local laws of the Town of
Austerlitz.
The plan adopted by the Town of Austerlitz on September 9,
2004, as it may be amended from time to time.
An 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.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
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.
Those 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.
The 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.
Includes 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.
The person or persons or legal entity that holds the title
of record for a parcel of land.
An 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.
A 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.
Development that is approved for and/or which occurs in defined
stages.
The Planning Board of the Town of Austerlitz, Columbia County,
New York.
A 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.
A 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.
A 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 road or a portion of a road with only one vehicular traffic
outlet.
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.
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.
The 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.
A 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.
An 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.
The 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.
Anything 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.
The 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.
Any 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.
A person licensed as a land surveyor by the State of New
York.
Compilation of the local laws of the Town of Austerlitz.
The duly designated Engineer for the Town, licensed by the
State of New York.
An area of land composed of two or more contiguous lots.
Water contained in streams, rivers, ponds, wet areas, lakes
and other water bodies and watercourses or that drains across land.
A 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.
A channel in which a flow of water occurs, either continuously
or intermittently.
Lands 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.
The 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.
