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Town of Austerlitz, NY
Columbia County
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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. Use of the masculine includes the feminine so that 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:
APPLICANT
Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
CLERK OF THE PLANNING BOARD
That representative of the Planning Board who shall be designated to perform the clerical duties of the Planning Board for purposes of this chapter. The Clerk of the Planning Board may also include Secretary of the Planning Board.
COMPREHENSIVE PLAN
The plan adopted by the Town of Austerlitz on September 9, 2004, as it may be amended.
CONSERVATION EASEMENT
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, archeological, 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.
EASEMENT
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his 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."
IMPROVEMENTS
Those physical changes to the land or installation of certain services necessary to produce usable and desirable lots, blocks, or sites from raw acreage, including, but not limited to, water and septic, grading, pavement, curbs, gutters, storm drains and betterments to existing watercourses, sidewalks and other pedestrianways, street signs, shade trees, sodding or seeding and monuments, whether intended to be dedicated and maintained by the public or held in private ownership.
OFFICIAL MAP
The map which may be established by the Town Board under § 270 of the Town Law showing streets, 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.
ONE-HUNDRED-YEAR FLOOD AREA
Area where there is a 1% or greater chance of flooding in any given year.
OWNER
Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
PARCEL
An area of land with definite boundaries, all parts of which are owned by the same person(s)/entity(ies), 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.
PHASE DEVELOPMENT
Development that occurs in defined stages.
PLANNING BOARD or BOARD
The Planning Board of the Town of Austerlitz, Columbia County, New York.
PLAT, FINAL
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, 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, PRELIMINARY
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 apprise the Planning Board of the layout of the proposed subdivision.
ROAD
A public or private way which affords the principal vehicular access to abutting property. Public roads are streets, roads, avenues, lanes, or other trafficways. 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.
ROAD, DEAD-END OR CUL-DE-SAC
A road or a portion of a road with only one vehicular traffic outlet.
ROAD PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
ROAD, PRIMARY
Where the subject property has frontage on two or more roads, this refers to the road that is used most intensively (e.g., has the greater volume of vehicular traffic). This usually corresponds to the public road classification and size, assuming county roads receive greater traffic than local roads and that state highways have greater traffic volumes than county roads.
ROAD RIGHT-OF-WAY
An area defined by a boundary which provides for road construction, maintenance, improvement and/or widening.
ROAD, SECONDARY
Where the subject property has frontage on two or more roads, this refers to the second (or least) most intensively used road. (See "road, primary.")
ROAD WIDTH
The width of the right-of-way, measured at right angles to the center line of the road.
RUNOFF
Surface water that flows onto, within, and/or off of the site area.
SEDIMENT
Soils or other surface materials transported by surface water as a product of erosion.
SEDIMENTATION (SILTATION)
The deposition of sediment and silt in drainageways, watercourses and water bodies which may result in pollution, murkiness, accumulation, and blockage.
SEPARATION DISTANCE
The distance between the two closest points of reference between two facilities, structures, uses or properties (e.g., the distance between an on-site septic system absorption field and a well).
SEPTIC SYSTEM
A sewage disposal system designed and built in compliance with state and county regulations.
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.
SETBACK
A minimum horizontal distance from a given point or line of reference, such as from a road edge or right-of-way, within which development is restricted.
SIGHT DISTANCE
The length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway; used in this chapter as a reference for unobstructed road visibility.
SILTATION CONTROL
Placement of station barriers, such as sod, matting, hay bale barriers, or silt fencing, or other methods to prevent pollution and blockage of watercourses and water bodies by silt and other sediment.
SKETCH PLAN
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.
SKETCH PLAN CONFERENCE
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.
START OF CONSTRUCTION
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.
STRUCTURE
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.
SUBDIVIDER
See "owner" and "applicant."
SUBDIVISION
The division of any parcel of land into two or more lots, blocks or sites, with or without roads or highways, and resubdivision.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of five or more lots from the same parcel of land within a ten-year period, or any subdivision requiring any new road or extension of municipal facilities.
SUBDIVISION, MINOR
Any division of land into not more than four lots that:
A. 
Fronts on an existing road;
B. 
Does not involve any new street or road or the extension of municipal facilities;
C. 
Does not adversely affect the development of the remainder of the parcel or adjoining property; and
D. 
Is not in conflict with any provision or portion of the Comprehensive Plan, Official Map, site plan review regulations,[1] or any other law, ordinance or regulation of the Town of Austerlitz.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TOWN ENGINEER
The duly designated Engineer of the Town, licensed by the State of New York.
TRACT
An area of land composed of two or more contiguous lots.
WATER BODY
Any natural or man-made body of water, such as a pond, lake, wetland or wet area, which does not necessarily flow in a definite direction or course.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATER, GROUNDWATER
The water that infiltrates into the ground, accumulating and saturating the spaces in earth material.
WATER, POTABLE
Water safe for human consumption.
WATERSHED
The area which is a drainage basin for a particular freshwater body.
WATER, SURFACE
Water contained in streams, rivers, ponds, wet areas, lakes and other water bodies and watercourses or that drains across land.
WETLANDS
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.
[1]
Editor's Note: See Ch. 195, Zoning, Art. VIII, Site Plan Review.