For the purpose of this chapter, certain words and terms used herein are defined as follows:
Facilities determined to be capable of supporting and servicing the physical areas and designated intensity of the proposed subdivision, as determined by the Planning Board.
A document which identifies farm operations within an agricultural district located within 100 feet of the boundary of property upon which an application has been filed with the Planning Board, Zoning Board of Appeals, and/or Town Board as provided in § 305-a of Article 25-AA of the NYS Agriculture and Markets Law.
The average size of all lots to be subdivided from a parcel. Use of an average lot size instead of a minimum lot size in the Agriculture District allows for easier protection of open spaces. Parcels subdivided using an average lot size reduce individual lot area and bulk requirements, but the number of lots remains the same as permitted without lot averaging.
A tract of land bounded by streets, or by a combination of streets and public parks, rights-of-way, or boundary lines of municipalities.
Open spaces, landscaped areas, fences, walls, berms, or any combination used to physically separate or screen one use or property from another to visually shield or block noise, lights, or other nuisances.
Any structure which is permanently affixed to the land and has one or more floors, walls and a roof for the shelter, support or enclosure of persons, animals, chattels, or property of any kind.
The space within which a structure and its supporting infrastructure is permitted to be built on a lot and that includes the building, driveway, and any lands disturbed for well and septic systems.
The area of a building structure defined by the perimeter of the building, not including driveways, parking lots, landscapes and other nonbuilding facilities.
A planned development in which lots are platted with less than the minimum lot size and dimension requirements of land use regulations, if such exist, but which have access to common open space that is a part of the overall development plan approved by the Planning Board. There are two features that distinguish what is thought of as a "true" cluster subdivision. The first is a characteristic of design and site planning in which several houses are grouped together on a tract of land. Each cluster of houses serves as a module, which is set off from others like it by an intervening space that helps give visual definition to each individual group. The second characteristic of the cluster subdivision, as it is often proposed, is the presence of undeveloped land that is held for the common enjoyment of the neighboring residents or the community at large. A cluster subdivision is designed as per this chapter and Chapter 90, Zoning, § 90-13C of the Town of Minden Code.
A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
An application for development that has been reviewed under SEQRA Part 617 and has either received a negative declaration by the reviewing board or a draft environmental impact statement has been accepted by such board.
A long-range plan for the development of the Town.
Requirement that development applications demonstrate that adequate public facilities be available at prescribed levels of service concurrent with the impacts or occupancy of development projects.
Approval by the Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of the County Clerk.
A conservation easement is a voluntary legal agreement between a land owner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values.
A residential subdivision where the dwelling units that would result on a given parcel under a conventional subdivision plan are allowed to be placed on the parcel in a flexible manner; where lot sizes, road frontages, and other bulk dimensions are allowed to be relaxed; and where a majority of the remaining land is left in its natural open space condition in perpetuity. Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.
When at least one boundary line of one lot touches a boundary line or lines of another lot.
A street or lane closed at one end; having no outlet except by the entrance.
A complete application shall be deemed received by the Planning Board on the date of the first regular meeting of the Planning Board following the filing of the completed Town of Minden application and supporting plans with the Planning Board.
A street or a portion of a street with only one vehicular traffic outlet. A cul-de-sac is a form of a dead-end street.
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State of New York.
A form used by the Planning Board in the state environmental quality review process to assist in determining the environmental significance or nonsignificance of an action or project.
A deposit of cash with the Town to secure the promise to perform some act required by the Planning Board.
Shall include the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products, including a commercial horse boarding operation as a commercial enterprise and as per § 305 of the New York State Agriculture and Markets Law, Article 25-AA.
A scale drawing, in final form and clearly marked "final plat," showing a proposed subdivision, containing all information or detail required by law and by this chapter to be presented to the Planning Board for approval, and which, after final plat approval, may be duly filed or recorded by the applicant in the office of the County Clerk.
The signing of a final plat by a duly authorized officer of a Planning Board after a resolution granting final approval to the plat, or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk.
An analysis of the projected total costs and revenues associated with a specific development application, where the costs include, but are not limited to, those related to Town, fire, ambulance, police, school, highway, and other municipal infrastructure.
A land area adjoining a river, stream, watercourse, or lake, which is likely to be flooded. See also flood-related terms included in Chapter 54, Flood Damage Prevention.
The extent of a building or of lot along a street or road.
A community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or other common facilities. HOAs commonly hold title to common property, manage and maintain such common property, and enforce certain covenants and restrictions that may be in place. A condominium association differs from an HOA in that condominium associations do not have title to common property.
Those surfaces in the landscape which do not have a permanent vegetative cover and/or cannot effectively infiltrate rainfall, snowmelt, and water, which replaces naturally pervious soil with impervious construction materials, including but not limited to building rooftops, pavement, sidewalks, driveways, and roads with a surface of compacted dirt or gravel, asphalt or concrete, decks, and swimming pools. Regardless of the construction materials used, any area which is used for driveway or parking purposes, including disturbed grass, ground cover, or dirt, shall be considered impervious surface.
Denotes elements of Minden's architecture and landscape that have been identified by the community as significant to the local quality of life and sense of place. They may be specific elements, such as structures, scenic roads, parks, waterways, crossroads, and stone walls, or they may be more diffuse resources, such as open spaces, formal/informal historic districts, and scenic views. In Minden, these include historic structures and landscapes, country roads, agricultural fields and operations, views of the Mohawk River, streams and wetlands, and hamlet areas.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit. A lot is a parcel of land having defined boundaries; except as otherwise provided in this chapter, a lot shall be of sufficient size to meet minimum zoning and requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, unless where excepted by this chapter, or on an approved private street, and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record; or complete lots of record and portions of lots of record; or of portions of lots of record; or a parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
The total horizontal area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.
The percentage of the lot area covered by the combined area of all buildings, structures, parking areas or other impervious surfaces on the lot.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A type of minor subdivision where there is a modification in either of the boundary line between two adjoining parcels of land or in a deeded easement providing driveway access to the lot access, transferring a piece of property from one parcel to the abutting parcel which does not result in the creation of any new lot or create or increase any noncomplying condition related to area or bulk or other dimensional requirement established by the Town of Minden Zoning Law.[1] A lot line adjustment cannot create an additional lot, nor shall a line change make an existing lot nonconforming, or more nonconforming. A lot line adjustment also includes the merging of two existing lots with separate tax parcel identification numbers.
The property lines bounding a lot. The front line shall be the right-of-way line of a street, road, or highway giving access to the lot. In the case of a corner lot, the owner may designate either street, road or highway lot line as the front lot line.
A lot which is part of a subdivision, the approved, filed map of which is recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.
A lot located at the intersection of and fronting on two or more intersecting streets and having an interior angle at the corner of intersection of less than 135°.
A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.
A lot other than a corner lot.
A lot having frontage on two approximately parallel or converging streets, other than a corner lot.
A comprehensive land planning and engineering design approach, with a goal of maintaining and enhancing the predevelopment hydrologic regime of urban and developing watersheds.
A street which serves or is designed to serve heavy flows of traffic, and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions or five or more lots, or any size subdivision requiring any new street or extension of municipal facilities. Includes the resubdivision of a major subdivision, and a series of related minor subdivisions on land that cumulatively amount to the creation of five or more lots from any original parent parcel as of the November 18, 2021. The Town of Minden has determined that piecemeal subdivision of large properties where a small number of individual lots are subdivided off to circumvent major subdivision regulations will have a detrimental impact on neighborhood character, preservation of open space and agricultural lands, and the ability to provide traditional development patterns. Therefore, where four or more lots are subdivided from any parcel within a five-year period, the fifth lot shall be deemed a major subdivision.
A comprehensive plan prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various functional classes of public works, places, and structures and for general physical development of the Town, and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
A street intended to serve primarily as an access to abutting properties.
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan or Chapter 90, Zoning, or this chapter.
A mobile manufactured home is a structure, transportable in one (single-wide) or more sections (double-wide), which in the traveling mode is 12 body feet or more in width or 40 body feet or more in length, or when erected on site, is 720 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Every mobile manufactured home shall bear a plate of approval from HUD. A "tiny" home shall also be considered a mobile manufactured home when it is built with a permanent trailer or chassis.
A parcel of land which has been planned and improved for the placement of six or more mobile manufactured homes for nontransient use in a residential zone that has access to village water and sewer.
The date on which an application for plat approval, complete and accompanied by all required information, endorsements and fees, has been filed and acknowledged by the Planning Board.
Land left in a natural state for conservation and agricultural purposes or for scenic purposes, devoted to the preservation of distinctive ecological, physical, visual, historic, geologic, or botanic sites. It shall also mean land left in a natural state that is devoted to active or passive recreation. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, used for playgrounds or manicured recreational lands, such as ball fields or lawns, or occupied by any structure except agricultural buildings. Open space may be included as a portion of one or more large lots, provided the lot(s) are greater than five acres in size and are contiguous to form a larger unfragmented open space area or may be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.
A designated tract or area of land established by a plat and/or that having its own Tax Map number or described in a deed or otherwise permitted by law.
The Town of Minden Planning Board.
A scale drawing or drawings showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and dimensions, key plan, topography and drainage and all proposed facilities.
A scale drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, 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.
The approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the sections of this chapter.
The area delineated in a conservation subdivision to have priority resource areas to be conserved, including, but not limited to, streams, floodplains, wetlands, critical habitats, steep slopes, areas with rocky outcrops, agricultural lands, and groundwater recharge areas.
The further division of parcels, lots, plots, sites or other division of land or the relocation of lot lines of any lot within a subdivision previously made and approved or recorded according to law; or changes in the lines of existing streets, highways, or public areas within any such subdivision; but not including conveyances made so as to combine existing lots by deed or other instrument.
Lots with the rear lot line abutting an existing or proposed street.
A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, sidewalk, road shoulder, crosswalk, railroad, utility line, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.
A public thoroughfare or right-of-way dedicated, deeded, or condemned for use as such, which affords the principal means of access to abutting property.
A road intended to serve heavy flows of traffic from minor roads or as a business road providing access to business properties.
A road intended to serve primarily as an access to abutting residential properties.
An access drive or roadway that is longer than 500 feet, privately owned and maintained, and not meant for use by the general public.
Describes the individual or collective qualities and attributes of Minden's physical and visual landscape that embody or evoke the events, places, traditions, struggles, movements, and personalities of its past. Historic character also describes the unique architectural style and scale, including proportion, form, and architectural detail. The physical layout of the community, its landscape patterns, its roads, and other elements also contribute strongly to Minden's historic character.
Vegetation, fencing, or earthen materials used to block visibility toward and/or away from a site. Screening may also be used to lessen noise, lighting, or visual impacts from a particular site or from adjacent land uses.
Refers to a natural resource that has a high potential for significant damage or degradation from direct or cumulative impacts arising from new development or shifts in existing land uses. Some sensitive environmental features have been inventoried mapped or identified as being locally, regionally, nationally, or globally significant for their rarity and/or degree of threat faced. Typical examples include, but are not limited to, wetlands, streams/river corridors, steep slopes, floodplains, highly erodible soils, and aquifer recharge and discharge areas, and habitats of rare or endangered species.
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 of environmental, social, and economic factors into the planning, review and decisionmaking processes of state, county, and local government agencies.
The distance in feet between a building or other use and any lot linear designated point.
A scale sketch of a proposed subdivision to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this chapter.
Any slope with topographic gradient of 15% or higher.
Slopes of 15% but less than 25%. These slopes are defined and measured as sloping 15 feet or more vertical per 100 feet horizontal when there are five adjacent contour intervals of two feet each, so that in aggregate they delineate a slope of at least 15% but less than 25%.
Slopes of 25% or more. These slopes are defined and measured as sloping 25 feet or more vertical per 100 feet horizontal when there are five adjacent contour intervals of two feet each, so that in aggregate they delineate a slope of at least 25%.
A public way which affords the principal means of access to abutting property.
The wearing or exposed surface of the roadway used by vehicular traffic.
The width of right-of-way, measured at right angles to the center line of the street.
A person, firm, corporation, partnership, or association who is the record owner or the authorized agent of the record owner of the land proposed for subdivision, who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
A drawing, in final form, showing a proposed subdivision containing all information or detail required by law and by this chapter to be presented to the Planning Board for approval.
A person licensed as a land surveyor by the State of New York.
The duly designated Engineer of the Town of Minden Planning Board.
A plat where 20% or more of the lots within the plat are unimproved, unless existing conditions, such as poor drainage, have prevented their development.
The geographical area that is visible from a location. It includes all surrounding points that are in line of sight with that location and excludes points that are beyond the horizon or obstructed by terrain and other features (e.g., buildings, trees).
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.
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and bank and any area adjacent thereto subject to inundation by reason of overflow, flood, or stormwater. For the purpose of this chapter of the Town Code, the term "watercourse" shall be deemed to include ponds and lakes.
Any wetlands, as that term is defined by the NYS DEC in Article 24 of the ECL, Freshwater Wetlands, Title 23 of Article 71 of the ECL, and/or as defined by Section 404 of the Clean Water Act.[2]
An open, unoccupied, and unobstructed space on the same lot with a main building, extending the full width of the lot and situated between the front property line and the front line of the main building projected to the side lines of the lot.
A space on the same lot with a main building, open and unoccupied except for accessory buildings, extending the full width of the lot and situated between the rear line of the main building projected to the side lines of the lot and the rear line of the lot.
An open unoccupied space on the same lot with a main building, situated between the sideline of the main building and the adjacent sideline of the lot, extending from the front yard to the rear yard. Any lot line not a front line or rear line shall be deemed a sideline.