A. 
Jurisdiction. Pursuant to § 278 of the Town Law, no plat of a subdivision of land showing lots, blocks or sites, with or without roads, shall be filed or recorded in the office of the Columbia County Clerk until it has been approved by the Planning Board and such approval is endorsed in writing on the plat.
B. 
Compliance mandated. No subdivision or portion thereof shall be offered for sale or sold and no clearing, grading, or construction work of any kind shall be commenced within such subdivision until: 1) a final plat of such subdivision shall be filed with and approved by the Planning Board; 2) a final plat endorsed as approved by the Planning Board shall have been filed in the office of the Clerk of Orange County; and 3) a copy certified, or a filing receipt issued, by the Orange County Clerk's office showing such filing dates shall have been thereafter filed in the office of the Town Clerk of the Town of Austerlitz. No construction, grading, excavation, site preparation or demolition shall take place within any subdivision and no building or zoning permit shall be issued until such filings herein required are complete.
C. 
The Planning Board and its employees, including the Clerk of the Planning Board, shall be responsible for processing applications for the subdivision of land within the Town. This chapter shall be deemed to set the minimum requirements for the future growth and development of the Town, which will provide adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health, and general welfare of its population.
A. 
Review by Code Enforcement Officer. The Town Code Enforcement Officer, pursuant to authority from the Town Board, is authorized to review subdivision plats or applications that propose to divide a parcel of land into two lots, either by referral from the Planning Board or upon an applicant's own initiative, for the limited purpose of determining whether such proposed lots meet the minimum dimensional requirements of the Zoning Law and rendering a written determination as to whether such proposed lots, if approved by the Planning Board pursuant to its review of the proposed plat, comply with such Zoning Law requirements.
B. 
Appeal to Zoning Board of Appeals. An applicant or any party aggrieved by such determination of the Code Enforcement Officer may be allowed to appeal such determination to the Zoning Board of Appeals, provided the appeal is made within 60 days of the determination of the Code Enforcement Officer and is made pursuant to the requirements of § 195-38 of the Town Zoning Code.
C. 
Determination. The determination of either the Code Enforcement Officer or Zoning Board of Appeals shall be binding upon the Planning Board for the limited purpose that such determination is permitted under Subsection A above, subject to any conditions the Zoning Board of Appeals or Planning Board may deem appropriate and subject to all of the other applicable requirements set forth in this chapter.
D. 
Area variances. Where a plat contains one or more lots which do not comply with the Town Zoning Code, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without the necessity of a decision or determination by the Code Enforcement Officer. In reviewing such application for an area variance, the Planning Board shall provide a written recommendation concerning the proposed variance to the Zoning Board of Appeals.
Pursuant to § 268 of the Town Law, and the local laws of the Town of Austerlitz, the Code Enforcement Officer has the authority to enforce the requirements and provisions of this chapter. The Code Enforcement Officer may issue notices of violation, stop-work orders and/or appearance tickets for the enforcement of this chapter.
A. 
Penalties and fines for violations. A violation of any of the provisions of this chapter or of a decision of the Planning Board shall be enforced in the same manner and with the same penalties or other remedies as is set forth in Article XIII of the Town Zoning Code.
B. 
Pursuant to § 268, Subdivision 2, of the Town Law, in case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided, or cleared in anticipation of being divided, into lots, blocks, or sites in violation of this chapter or the Town Zoning Code, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding in a court of competent jurisdiction to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises. Such action or proceeding may include provision for recovery of the Town's costs, attorney fees and other Town expenditures related to the enforcement of this chapter.
Should any section or provision contained in this chapter, as now in effect or as amended hereafter, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid.
Any person aggrieved by any decision of the Planning Board relative to a subdivision application may have such decision reviewed by the Supreme Court, Columbia County, in the manner provided by Article 78 of the Civil Practice Law and Rules, providing the proceeding is commenced within 30 days after the filing of the decision in the office of the Planning Board, as all set forth in § 282 of the Town Law.