In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth in this section. These standards shall be minimum requirements and shall be waived by the Board only under circumstances set forth in § 77-48.
A.
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.
B.
Conformity to comprehensive plan. Subdivisions shall be in harmony with the Town Comprehensive Plan.
C.
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Town specifications.
A.
Width, location, and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform with the Comprehensive Plan and Official Map of the Town as they may exist or shall conform to the recommendation of the Planning Board based on existing and planned roads, topography, public safety, convenience and proposed uses of the land. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties, shall be coordinated to compose a convenient system, and shall be designed to be consistent with other low volume, residential roads found in Minden.
B.
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services, such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
D.
Special treatment along major arterial streets. When a subdivision abuts or contains an existing or proposed major arterial street, the Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
E.
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in this chapter. The number of future lots created shall be determined from the size of the parent parcel as existing on November 18, 2021, and from the density requirements of the Town of Minden Zoning Law.[1]
F.
Dead-end streets. The creation of dead-end or loop residential streets is discouraged. When no other feasible grid or modified grid pattern of streets can be designed, and the Board finds that dead-end or loop streets are the only feasible alternative and they will not interfere with normal traffic circulation in the area, the Planning Board may approve them. In the case of dead-end streets, where needed or desirable, the Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street. Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets or streets on an approved subdivision plat for which a bond has been filed. Where dead-end streets are necessary, a tee or hammerhead style shall be designed. Culs-de-sac shall be limited.
G.
Block size. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved footpath be included.
H.
Intersection with collector or major arterial roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
I.
Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided.
J.
Angle of intersection. In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins. Roads shall not intersect at angles of less than 60°. Right-of-way lines at right-angled intersections shall be rounded by curves of at least 20 feet radius. All other intersections shall be rounded by curves suitable to the Planning Board.
K.
Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.
L.
Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Board may require the installation by subdivider of fence or suitable barricade for the protection of residents in the general vicinity.
M.
Erosion and sediment control. All erosion and sediment control measures shall be designed in accordance with the latest edition of the New York Stormwater Design Manual. In particular, Chapter 5 of that Manual (Low Impact Development) shall be incorporated to the maximum extent feasible.
N.
House numbers shall be consistent with the numbering system currently in effect.
O.
Roadside vegetation shall not be planted in such a way as to impair snow removal and safe driver visibility at intersections.
P.
The Town Highway Superintendent and the appropriate Fire Chief shall be consulted by the Planning Board for an advisory opinion prior to the approval of any plat containing a new road or any plat containing lots whose only existing or proposed access to a public road is by easement or right-of-way.
When not indicated on the Comprehensive Plan, the classification of streets shall be determined by the Planning Board with approval from the Highway Superintendent:
A.
Widths of right-of-way. Streets shall have the following widths:
B.
Improvements. Streets shall be graded and may be required to be improved with pavement. The Town may also require curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights and signs, street trees and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety, and general welfare. Pedestrian easements shall be provided as required by the Planning Board or Town Engineer. Such grading and improvements shall be approved as to design and specifications by the Town Engineer or consultant.
(1)
Fire hydrants. The Planning Board may require the provision of a supply of water for firefighting purposes consisting of dry hydrants and a water source. This supply may be provided through fire hydrants connected to a community water supply system or by means of fire ponds. The design, location and capacity of fire ponds and hydrants shall conform to standards and specifications of the National Fire Protection Association and be acceptable to the Chief of the fire department in whose district the subdivision is located. Hydrants shall be of size, type and location specified by the Insurance Services Organization. Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York.
(2)
Streetlighting. Poles, brackets, and lights, where required, shall be of size, type and location approved by the local power company. Lighting facilities shall be in conformance with the lighting system of the Town. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Town electrical inspector.
C.
Utilities in streets. The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.
D.
Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street right-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
E.
Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1% nor more than 6% for major or collector streets, or 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
F.
Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as to meet with the approval of the Town Engineer so that clear visibility shall be provided for a safe distance.
G.
Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least a twenty-foot radius, and curbs, if required, shall be adjusted accordingly. In general, street lines within a block deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line of streets shall be not less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
H.
Steep grades and curves; visibility of intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot, whether at an intersection entirely within the subdivision or of a new street with an existing street, shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility. The maximum grades shall be:
I.
Watercourses.
(1)
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Engineer.
(2)
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Engineer and in no case less than 20 feet in width.
J.
Service streets or leading space in commercial development. Paved rear service streets of not less than 20 feet in width or, in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.
K.
Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district.
A.
Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. All streets shall have suitable names and not numbers or letters.
B.
Street names shall not duplicate the names of existing or platted streets. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Extensions of existing roads shall bear the name of the extended road. Generally, no street should change direction by more than 90° without a change in street name. Signs bearing road names shall be erected by the subdivider at all intersections consistent with specifications for existing signage. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board.
C.
House numbers shall be consistent with the numbering system currently in effect.
A.
Road improvements shall be installed by the subdivider.
B.
Roads shall be built as follows:
(1)
Remove topsoil a minimum of six inches prior to the laying of base material.
(2)
Subgrade. Subgrade shall be rough graded the full width of the road right-of-way. The subbase shall consist of a suitable gravel and stone material approved by the Town Highway Superintendent and compacted the full width of the road right-of-way to a depth of 12 inches.
D.
Where streets are constructed on new fill, the side slopes of the fill shall be as follows:
Fill Height (feet) | Slope (Vertical and Horizontal) |
|---|---|
0 to 15 | 1:4 or flatter |
Higher than 15 | 1:2 or flatter |
E.
Guard railing. Where streets are constructed on fills of greater than 15 feet in height, guard railing shall be installed along the side of the road, eight feet from the edge of the pavement.
F.
Any dead-end roadways shall have a sufficient turning radius for school buses and emergency vehicles.
G.
The Planning Board, after consultation with the Highway Superintendent, may reduce standards for roadway surface based on the size of the subdivision and anticipated traffic levels.
A.
General. The Planning Board may require sidewalks to be constructed as part of a subdivision. When required, a sidewalk shall be a walking surface with a minimum width of five feet and constructed of concrete designed to service pedestrians. The Planning Board may allow for sidewalks on one or both sides of the new street. Further:
(1)
In order to facilitate safe and convenient pedestrian access from roads to schools, parks, play areas or nearby roads, perpetual unobstructed easements of at least 20 feet in width may be required.
(2)
In areas of heavy vehicular or pedestrian traffic, sidewalks may be required.
(3)
All required sidewalks shall be installed at the expense of the subdivider and shall conform to the specifications of the Planning Board.
A.
If, in the opinion of the Planning Board, it is feasible and desirable to require a public water supply system, such system shall be installed at the expense of the subdivider to the approval of the Planning Board. The subdivider shall connect each lot at the property line with the public water supply. If no water supply is required, individual on-site wells shall be designed to meet the specifications of the New York State Department of Health.
B.
Waterlines, valves, and hydrants shall meet the Recommended Water System Design Standards of the Insurance Services Office of New York. The design shall provide that additions to the system can be constructed without interrupting normal service or decreasing fire flows. All components shall be designed to provide present and future service as required by the Comprehensive Plan, the Official Map and any water system plan adopted by the Town of Minden. Subdivision water systems shall be connected to the Town system, if available and feasible.
C.
Pipe and fittings shall be of approved materials and class. Class of pipe and type of material shall be specified according to ground conditions, external loading using specified bedding, and internal pressure as determined by immediate conditions and Town of Minden water system plans. Main sizes shall be as required by the Town in accordance with Town water system plans with no main less than eight inches in size. Dead-end mains shall be avoided whenever feasible. When permitted, however, a blowoff or hydrant shall be installed. An eight-inch main loop longer than the maximum length permitted by the Recommended Water System Design Standards may be permitted, provided that it is temporary and that final construction drawings show intersecting mains conforming to these design standards.
D.
In subdivisions where on-site water supply systems will be utilized, a dry water supply system may be required by the Planning Board to be provided within the road right-of-way or utility easement for future use when service becomes available.
E.
Valves. Valves shall be American Water Works Association gate valves of a type approved by the Town. Valves shall be installed on every branch of an intersection, at every stub provided for future expansion and as required by the New York Fire Insurance Rating Organization Recommended Water System Design Standards. The owner may be allowed to omit the valve on one branch line at intersections of lines of minor importance. Valve boxes shall be installed for each valve.
F.
Hydrants. Hydrants shall be of a type approved by the Town and shall be installed as required by the New York Fire Insurance Rating Organization Recommended Water System Design Standards. Maximum spacing between hydrants shall be 500 feet.
G.
Services. Services shall be of approved material at least three-fourths-inch inside diameter and shall include, in any service where there are multiple services from a common source of supply, a dual check valve on the intake side of the water meter or, if there is no water meter, just inside the building foundation.
A.
If, in the opinion of the Planning Board, a subdivision can be reasonably served by the extension of a public sanitary sewer or by a neighborhood system, the subdivider shall provide sanitary sewers and laterals for each lot for such service. Where public or neighborhood sanitary sewers are not feasible, the subdivider shall provide and install an individual system for each lot or a sewage treatment facility adequate for all proposed development within the subdivision, in accordance with state and local requirements.
B.
In case the subdivider sells lots rather than lots improved with houses, it shall be the responsibility of the subdivider to obtain approval of the proposed sewage disposal systems. The installation of the approved individual sewage disposal facilities shall be the responsibility of the purchasers.
C.
In order to determine that the proposed lots are large enough to accommodate future improvements, subdivision plats shall indicate the location of septic tank, leach field, water well and residence for each proposed lot. The size of the leach field will be based on percolation test results pursuant to State Health Department standards.
D.
General standards. A separate and independent waste disposal system shall be provided for in new construction for individual household systems. No septic tank, absorption field, seepage pit, chemical toilet, privy, pipe or other means for the disposal or discharge of sewage or sink wastes shall be installed anywhere in the Town of Minden except as herein provided for in this chapter. In addition to the individual aspects of the sewage treatment systems discussed in this section, the design and construction of all individual sewage treatment systems shall conform with the New York State Department of Health standards as filed with the New York State Secretary of State, 10 NYCRR Appendix 75-A, and any amendments or revisions thereto, more commonly known as "Wastewater Treatment Handbook, Individual Household Systems" ("Waste Treatment Handbook," from here on referred to as the "Handbook"), or requirements of Montgomery County.
A.
General. In designing for storm drainage, the Water Pollution Control Federation Manual of Practice on Design and Construction of Sanitary and Storm Sewers (MOP-9) shall be used as a guide. The procedures of the Manual are not binding, and other good engineering practices may be accepted by the Town.
B.
Design criteria.
(1)
All components shall be designed for runoff from the entire contributing watershed taking future development into account. In addition, the design shall be considered as part of a larger storm drainage system and shall provide drains to the limits of the subdivision.
(2)
Chapter 5 of the New York State Stormwater Design Manual using low-impact development designs shall be used to the maximum extent feasible. In general, the following criteria shall be used in designing for storm drainage:
(a)
Storm drainage systems shall be designed to accommodate a ten-year design storm.
(b)
Stormwater management systems, when required, shall be designed to accommodate a twenty-five-year design storm with provisions to safely pass a 100-year-storm event.
(c)
Culverts to be installed to carry existing streams and waterways will be reviewed by the Town on an individual basis, and design criteria will be established at that time.
C.
Grading.
(1)
Lots shall be graded so that runoff from roofs, drives and other impervious surfaces flows toward a street, except that such runoff may flow to the rear where a watercourse abuts the rear of a lot. If it is not practicable to direct runoff to the street, a grading plan for the area may be required by the Board. Such grading plan shall show that grading is designed to prevent ponding and to direct water away from all buildings.
(2)
Lots having driveways sloping away from streets shall be designed to provide a high point at or near the right-of-way. It is intended that this high point prevent street runoff from entering the lot.
D.
Erosion and sediment control. All erosion and sediment control measures shall be designed in accordance with the latest edition of the New York Guidelines for Urban Erosion and Sediment Control, by the Soil and Water Conservation Society and the New York State Stormwater Design Manual.
B.
Promote rural character in a major subdivision by reducing uniformity and monotony to the maximum extent practical. This can be accomplished by allowing variation of lot width and area of lots in order to eliminate the appearance of a standard subdivision.
C.
The Planning Board may allow for use of double frontage lots and single loaded streets to give more flexibility in design of a subdivision.
D.
Each lot shall directly abut a public or approved private road. This abutment shall include at least 15 feet of road frontage suitable for access by emergency vehicles. Easements may be considered for access. A private road constructed to the standards of §§ 77-35 to 77-38 of this chapter may be required.
E.
Corner lots shall have sufficient width to allow appropriate building setbacks from, and orientation to, all abutting roads.
F.
Each lot shall have a buildable area, free from development restrictions such as wetlands, floodplains, steep slopes, rock outcrops and unbuildable soils.
G.
Where a community sewage disposal system is not required, each lot shall have sufficient area so as to make adequate provision for septic absorption fields or seepage pit systems as required by the New York State Uniform Building and Fire Code. A percolation test shall be required for each lot. Each lot shall be of sufficient size to accommodate on-site sewage disposal system and well pursuant to New York State Health Department standards.
H.
One or more off-street parking spaces may be required at the base of a steep driveway to facilitate parking in inclement weather.
The following design guidelines apply to all subdivisions in Town and shall be incorporated into subdivision designs to the maximum extent feasible.
A.
Unique physical features, such as historic landmarks and sites, existing stone walls, rock outcrops, hedgerows, mature tree lines, and desirable natural contours and similar features, shall be preserved and considered in the layout.
B.
All surfaces shall be graded and restored, leaving no unnatural mounds or depressions.
C.
Topsoil moved during construction shall be returned and stabilized by seeding and plantings. An erosion control plan may be required to prevent soil erosion and sedimentation of surface waters during construction. Erosion control measures shall conform to guidelines available from the Montgomery County Soil and Water Conservation District.
D.
The placement of buildings shall be located in such a manner as to avoid placement in the middle of open fields to the extent feasible. Building locations shall be at the edges of fields or in cleared areas next to fields wherever practical.
E.
Buildings shall be located where existing vegetation and/or topography provides a natural buffer and screening from roads and neighboring properties. Buildings shall be sited so that existing vegetation and topography can be used as a background or integrated into the building design to reduce the prominence of the structure.
F.
Buildings, structures, and other improvements should not extend above the existing ridgeline or alter the hillside or ridge profile significantly when viewed from the public streets, roads, water bodies, or facilities. In already developed environments, the appearance of the new development, when viewed by the public from public areas, should be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent reasonable.
G.
Clearing of vegetation and trees along roads shall be minimized as much as possible so long as adequate site distances for driveways are maintained. The use of curves in driveways should be encouraged to screen buildings so long as right-angle intersections with roads are maintained.
A.
Before the Planning Board approves a subdivision plat containing residential units, such subdivision plat shall show, when required by the Planning Board, a park or parks suitably located for a playground or other recreational purposes.
B.
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring such parkland. Findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision will contribute.
C.
If the Planning Board makes a finding that the proposed subdivision presents a proper case for requiring a park, but that a suitable park or parks of adequate size cannot be located on the subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board.
D.
Any moneys required by the Planning Board in lieu of land for park, parks, or recreational purposes pursuant to this section shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
E.
In determining whether or not to require the reservation of land for public park, playground or other recreational purpose, the Planning Board shall be guided by the criteria and procedures outlined below.
(1)
Amount of land reservation. The minimum amount of land area to be reserved for public park, playground or other recreational purpose shall be determined by the number and type of new residential units located within the proposed residential development and shall be 1500 square feet per dwelling unit.
(2)
Criteria for land reservation. In determining whether or not to require the reservation of land for public park, playground or recreational purposes, the Planning Board shall consider the following factors:
(a)
Whether suitable land exists within the parcel boundaries of the proposed development, in terms of its size, shape, and dimensions, to reasonably accommodate a public park, playground or other recreation use.
(b)
Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology and/or other natural features readily lend themselves to development of the site for active recreation use.
(c)
Whether there are state or federal regulatory restrictions that would limit the usefulness of the site for active recreation development.
(d)
Whether the site, in terms of its physical characteristics, would provide an attractive and safe area for recreational use.
(e)
Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can be provided between the site and surrounding residential areas.
(f)
Whether the character of the proposed residential development and that of the surrounding area are compatible with a public park and/or recreational use.
(g)
Whether the anticipated population of the proposed residential development, together with the population density of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a public park, playground, or other recreation facility at the location.
(h)
Whether the site is located near or duplicates recreation facilities already provided in the area, particularly those providing the same type of recreation opportunities, including facilities located on public school grounds.
(i)
Whether development and long-term maintenance of the site would place an undue burden on the Town, given other commitments and priorities of that Department.
(j)
Whether the site contains any unique and significant physical, aesthetic, or ecological features that would make it particularly suited for environmental education, trail development, a nature preserve, or other passive recreation use.
(k)
Whether reservation of the land is consistent with recommendations contained in the Comprehensive Plan for the Town, if any, in effect at the time the development application is made.
(l)
Whether reservation of the land is consistent with the general goals and objectives of the Town and the Town Board with respect to parks and recreation facility development.
(3)
Findings required. Prior to making any final determination that land will be reserved for public park, playground or other recreational purpose, the Planning Board shall make a finding, in accordance with § 274-a, Subdivision 6, or § 277, Subdivision 4, of the New York State Town Law, that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town.
(4)
When land is required to be reserved for parks and recreation, a notation shall be placed upon the approved plan indicating that the land is so reserved and cannot be further subdivided or built upon except for such purposes.
A.
As a safety measure for the protection of the health and welfare of the people of the Town, that portion of a proposed lot which is found to be unsuitable for subdivision due to harmful features (e.g., steep slopes, flood-prone areas, wetlands) shall not be included in any building envelope required by the Planning Board until adequate methods to mitigate adverse impacts are formulated by the subdivider and approved by the Planning Board.
B.
Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy or for any other uses that may increase danger to health, life, or property, or aggravate the flood hazard. Such land shall be set aside for uses that are not endangered by periodic or occasional inundation. Such land may also be improved in a manner that reduces the threat of localized and downstream flooding. All subdivisions involving wetlands shall comply with the New York State Department of Environmental Conservation and U. S. Army Corps of Engineers regulations governing wetlands, as well as the wetland protection provisions of the Zoning Law.[1]
C.
The Planning Board may require the subdivider to study the effect of the subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Town Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a ten-year storm, the Planning Board shall not approve the subdivision until provision has been made for the improvement of such condition.
The purpose of this section is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. Pursuant to § 278 of the New York State Town Law, the Planning Board is authorized to require a conservation subdivision layout for any proposed major subdivision when, in their discretion, they determine that the project or parcel contains significant features of value to the community, including but not limited to floodplains, steep slopes, wetlands, historic features, critical habitats, farmlands, or important scenic views. Application of a conservation subdivision shall also meet all requirements of the Town Zoning Law,[1] § 90-13. When a conservation subdivision is proposed or required by the Planning Board, the following procedures and requirements shall be met. These shall be integrated into the other procedures for a major subdivision pursuant to this chapter.
A.
General requirements.
(1)
Purposes.
(a)
A purpose of this section is, through regulation of the subdivision of land, to plan for the orderly, economic, aesthetic, environmentally sound and efficient development of the Town consistent with its community character and the continuing needs of its people for conservation of natural and cultural resources, quality residential building sites and enjoyable open space. The Town of Minden is home to important agricultural lands, significant scenic viewsheds, historic architecture, natural beauty, and rural landscapes. This section has been carefully designed in recognition of the need to protect such resources as part of the land development process.
(c)
It is a purpose of this section to supplement the Town of Minden land subdivision regulations so that, when applied together, this chapter can better achieve the purposes set forth above.
(2)
Dimensional standards. The dimensional standards pursuant to Chapter 90, Zoning, § 90-13C(2)(d), shall be met whenever a conservation subdivision is proposed or required.
(3)
Sketch plan and site analysis.
(a)
Sketch plan. In addition to requirements for a sketch plan of Article III of this chapter, the following additional information shall be submitted by the applicant as a basis for informal discussions with the Planning Board regarding the design of a proposed major subdivision that is proposed or required to be a conservation subdivision design. The Planning Board shall evaluate the proposed subdivision during the sketch meeting. The Planning Board shall determine whether the sketch plan meets the purposes of this section. Complete and complex engineered plans and architectural drawings are premature and not required at this phase. The sketch plan shall contain:
[1]
Site analysis. The following site analysis shall be submitted by the applicant pursuant to this chapter in addition to requirements of Article III of this chapter. A site analysis shall include an identification of primary and secondary conservation lands within a parcel(s). The site analysis shall include a site analysis map that includes the information listed below. Conditions beyond the parcel boundaries may be generally described based on existing published data available from governmental agencies, or from aerial photographs. The applicant shall review all Minden maps, plans and studies, including but not limited to the Comprehensive Plan. The applicant may obtain advice and assistance from an accredited land trust or environmental organization when preparing the site analysis. The site analysis is not intended to be a highly engineered or exact document, but a general sketch and description illustrating the location and type of environmental features that are present on the site, including:
[a]
Areas where the slope exceeds 15%.
[b]
Wetlands, vernal pools, areas of hydrological sensitivity, including but not limited to aquifer and aquifer recharge areas, municipal water supply recharge areas, flood-prone areas as shown on Federal Emergency Management Agency maps, lakes, and streams, if any.
[c]
Agricultural lands, including farmland within, and adjacent to, a New York State certified Agricultural District, soils classified as being prime farmland or soils of statewide significance, if any, and the land prioritization score found on the Town of Minden Farmland Prioritization Map.
[d]
Sites where community sewer, community water, or community water and sewer are available or planned, if any.
[e]
Lands within, or contiguous to, a Critical Environmental Area designated pursuant to Article 8 of the New York State Environmental Conservation Law, if any.
[f]
Lands contiguous to publicly owned or designated open space areas, or privately preserved open spaces, if any.
[g]
Historic structures or areas of national, state, or local importance, if any, and specifically identifying those structures which are listed on either the federal or New York State Register of Historic Places.
[h]
Sites in, or bordering on, known scenic locations identified in the Town's Comprehensive Plan, if any.
[i]
Areas with rare vegetation, significant habitats, or habitats of endangered, threatened, or special concern species, or unique natural or geological formations, if any. This shall include a description of the biodiversity assessment methods used, site-specific habitat descriptions, discussion of biodiversity implications and alternatives, if needed, to minimize disturbance to sensitive habitats and species.
[j]
General description and location of the vegetative cover on the property according to general cover type, including cultivated land, grassland, old field, hedgerow, woodland and wetland, and showing the actual line of existing trees and woodlands.
[k]
Lakes, ponds or other significant recreational areas, or sites designated as such in the Town's Comprehensive Plan, if any.
[l]
Existing trails, inactive railroad beds, bikeways, and pedestrian routes of Town, state or county significance or those indicated in any Town, county or state plan for future trail development, if any.
[m]
Ridgelines on the property.
[n]
Locations of all existing streets, roads, buildings, utilities, and other man-made improvements.
[o]
All easements and other encumbrances of property which are or have been filed on record with the Montgomery County Clerk's Office.
(4)
Site design process.
(a)
Subsequent to the sketch plan meeting and submission of the site analysis, a preliminary plat shall be developed pursuant to Article III, § 77-13, of this chapter. The submission requirements for a preliminary plat include the site analysis and the submission requirements pursuant to both this section and this chapter.
(b)
All preliminary plans in a conservation subdivision shall include documentation of the following four-step design process in determining the layout of proposed conserved lands, house sites, roads, and lot lines. Applicants may be required to submit four separate sketch maps indicating the findings of each step of the design process if so required by the Planning Board:
[1]
Step 1. Delineate open space areas. Proposed open space areas shall be designated as follows:
[a]
Primary conservation areas shall be delineated and designated on a map.
[b]
Secondary conservation areas shall be delineated and designated on a map. In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the parcel in terms of their highest to least suitability for inclusion in the proposed open space in consultation with the Planning Board. Secondary conservation areas shall be delineated based on those priorities and practical considerations given to the parcel's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives. These features shall be clearly noted, as well as the types of resources included within them, on the map. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the parcel.
[c]
Building envelopes shall not encroach upon primary conservation or secondary conservation areas. The primary and secondary conservation areas, together, constitute the total open space areas to be preserved, and the remaining land is the potential development area.
[2]
Step 2. Specify location of house sites. Building envelopes shall be tentatively located within the potential development areas. House sites should generally be located not closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas.
[3]
Step 3. Align streets and trails. After designating the building envelopes, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified in this chapter and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas, such as wetlands, traversing steep slopes, and fragmenting agricultural lands. Existing and future street connections are encouraged to eliminate the number of new culs-de-sac to be developed and maintained, and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Culs-de-sac are appropriate only when they support greater open space conservation or provide extensive pedestrian linkages. All applicable requirements of the Town of Minden Highway Law shall be met.
[4]
Step 4. Draw lot lines. Upon completion of the preceding steps, lot lines are then drawn as required to delineate the boundaries of individual residential lots.
(c)
Alternate design process. The Planning Board is authorized to require use of traditional neighborhood design (TND) if such layout is appropriate for the parcel proposed to be developed and if it will result in a more effective open space design. For those subdivisions designed to be a TND, the design process shall be a variation on a conservation subdivision outlined in this chapter. Just as with non-TND developments, the first step is to identify open space lands, including both primary and secondary conservation areas. However, in TNDs where traditional streetscape is of greater importance, Steps 2 and 3 in Subsection A(4)(b)[2] and [3] above may be reversed, so that streets and squares are located before house sites specified. TNDs typically have higher density of development, reduced lot sizes, narrow front setbacks, narrow streets, sidewalks, and have a clear demarcation between built and unbuilt lands at the edge of the neighborhood.
(5)
Site design criteria.
(a)
Residential structures in a major subdivision should be located according to the following guidelines, which are listed in order of significance. If any of the guidelines below conflict with each other on a particular site, the Planning Board may use its discretion to resolve such conflicts. The conservation subdivision may result in a cluster of houses but is not required to do so. A clustered subdivision should only be allowed where a municipal or small on-site centralized sewer is available or proposed. The lots, house sites, roads and other infrastructure in a proposed subdivision shall avoid or minimize adverse impacts by being designed:
[1]
On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use.
[2]
Away from the boundaries of any farm preserved with a conservation easement or other permanent protection, to reduce conflicting uses in areas where farmers have made long-term commitments to continue to farm.
[3]
So that the boundaries between house lots and active farmland are well buffered by vegetation, topography, roads, or other barriers to minimize potential conflict between residential and agricultural uses.
[4]
To cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table by avoiding placement of impervious surfaces where water is most likely to infiltrate and recharge the groundwater.
[5]
To avoid disturbance to streams and drainage swales, floodplains, vernal pools, wetlands, and their buffers. Native vegetation shall be maintained to create a buffer of at least 25 feet and no other disturbance shall take place within 100 feet of wetlands and surface waters, including creeks, streams, vernal pools, springs, and ponds.
[6]
All grading and earthmoving on slopes greater than 15% shall be minimized and shall only be to create a house site, driveway, and area for a septic system. Such grading shall not result in cut and fills whose highest vertical dimension exceeds eight feet. Roads and driveways shall follow the line of existing topography to minimize the required cut and fill.
[7]
To avoid disturbing existing cultural and scenic features. Views of house lots from exterior roads and abutting properties shall be minimized using changes in topography, existing vegetation, or additional landscaping. The layout shall leave scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. Where these scenic views or vistas exist, a deep nonvegetated buffer is recommended along the road where those views or vistas are prominent or locally significant.
[8]
To be as visually inconspicuous as practicable when seen from state, county, and local roads. The subdivision shall preserve woodlands along roadways, property lines, and lines occurring within a site, such as along streams, swales, stone fences, and hedgerows, to create buffers with adjacent properties. Preservation shall include ground, shrub, understory, and canopy vegetation.
[9]
To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads. House lots shall generally be accessed from interior streets, rather than from roads bordering the parcel. New intersections with existing public roads shall be minimized. Although two access ways into and out of subdivisions containing 20 or more dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow or unduly impact the environment.
[10]
On suitable soils for subsurface sewage disposal (where applicable).
[11]
Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland to enable new residential development to be visually absorbed by the natural landscape.
[12]
Around and to preserve sites of historic, archeological, or cultural value insofar as needed to safeguard the character of the feature.
[13]
To protect biodiversity and wildlife habitat areas of species listed as endangered, threatened, or of special concern by either the United States Department of the Interior or the New York State Department of Environmental Conservation.
(b)
Open space standards:
[1]
The required open space land consists of a combination of primary conservation areas and secondary conservation areas. The proposed subdivision design shall strictly minimize disturbance of these environmentally sensitive areas. The lot layout shall show how those sensitive areas will be protected by the proposed subdivision plan.
[2]
Open space lands shall be laid out in general accordance with the Town's Comprehensive Plan to better enable an interconnected network of open space and wildlife corridors. Open space lands shall also be laid out in such a manner that preserves ecological systems that may be present on the site, including, but not limited to, preserving wetlands, vernal pools, and their associated upland habitats.
[3]
Active agricultural land with farm buildings may be used to meet the minimum required open space land. Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations. Land used for agricultural purposes shall be buffered from residential uses, either bordering or within the parcel.
[4]
Open space land shall, to the maximum extent practicable, be contiguous to avoid fragmentation and to create a critical mass of land either available for agriculture or left in a natural state.
[5]
Open space lands shall be designated as one or more individual conservation lots owned in common or designated and included as part of one or more house lots. A portion of any house lot five acres or more in size may be used for meeting the minimum required open space land, provided that there is a permanent restriction enforceable by the Town that states the future use shall be restricted to open space, such as undisturbed wildlife habitat, managed agricultural field, or managed forest, and that prevents development of, or use as, a mowed lawn on that portion of the parcel, and that is contiguous to other lands to form unfragmented open spaces. Any house lot less than five acres does not qualify as contributing to open space.
[6]
Walkways, trails, play areas, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection may be included in the preserved open space lands.
[7]
The required open space may be used for community septic systems.
[8]
Stormwater management ponds or basins and lands within the rights-of-way for underground utilities may be included as part of the minimum required open space.
[9]
Recreation lands, such as ballfields, golf courses, and parks, shall not be considered part of the required open space unless such land is open to the public. Such recreational lands with access only to residents shall not be counted towards the open space requirements but shall be counted towards any recreation land requirement as per this chapter.
[10]
Open space shall be directly accessible or viewable from as many home sites as possible.
(6)
Streets, driveways, and trails.
(a)
Common driveway access may be provided. A pedestrian circulation and/or trail system shall be sufficient for the needs of residents, unless waived by the Planning Board.
(b)
New streets shall meet the Town highway specifications. Where appropriate, the Planning Board shall work with the Highway Department to ensure that the Town of Minden highway specifications normally applicable to conventional subdivisions do not impact or detract from the rural and environmental character of a conservation subdivision.
(c)
Use of reverse curves should be considered for local access streets in cluster subdivisions in conjunction with long horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed 30 mph. Further, use of single-loaded streets is encouraged alongside conservation areas to provide views of the conservation lands for residents and visitors.
(d)
Bike paths and other pedestrian trails are encouraged.
(7)
Protection of open space.
(a)
All required open space shall be depicted and noted on the site plan as protected open space and restricted from further subdivision through one of the following methods to be proposed by the applicant and approved by the Planning Board:
[1]
A permanent conservation easement, in a form acceptable to the Town and recorded at the County Clerk's Office. Due to the enforcement responsibilities carried out by easement grantees, this is the preferred method of ensuring permanent protection.
[2]
A declaration of covenants or deed restriction, in a form acceptable to the Town, and recorded in the County Clerk's Office.
[3]
A fixed-term conservation easement, in a form acceptable to the Town and recorded at the County Clerk's Office.
(b)
Open space land may be held in any form of ownership that protects its conservation values, such as where the open space is owned in common by a homeowners' association (HOA).
[1]
Open space may also be dedicated to the Town, county or state governments, transferred to a qualified nonprofit organization, including a land trust, or held by single or multiple private owners. The applicant shall provide proof that the receiving body agrees to accept the dedication.
[2]
The Town seeks to ensure long-term maintenance of privately owned lots dedicated to open space. When open space lands are proposed to be privately owned on a lot dedicated for open space use, and such lands are not subject to a conservation easement or are not to be transferred to a qualified nonprofit organization or municipality, such lands shall be owned by an HOA, or shall be designated as a house lot allowing only one residence. This house lot shall be considered part of, and not in addition to, the allowed density the parent parcel is eligible for. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation or agricultural value of such open space land.
[3]
If the open space is to be owned by an HOA, the HOA must be incorporated before the final subdivision plat is signed. The applicant shall provide the Town with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
[a]
If land is held in common ownership by a homeowners' association, such ownership shall be arranged in a manner that real property tax claims may be satisfied against the open space lands by proceeding against individual owners and the residences they own. The HOA must be responsible for liability insurance, local taxes, and the maintenance of the conserved land areas. The HOA shall have the power to adjust assessments to meet changing needs. The Planning Board shall find that the HOA documents satisfy the conditions above.
[b]
The homeowners' association shall be operating before the sale of any dwelling units in the development. The proposed homeowner's association shall be established by the applicant and shall comply with the requirements of § 352-e of the New York State General Business Law and have an offering plan for the sale of lots in the subdivision approved by the New York State Department of Law, if required. If the NYS Department of Law grants an exemption from the requirement of an offering plan, the applicant shall have in place a maintenance agreement acceptable to the Town that ensures perpetual maintenance of the open space.
[c]
Membership in the HOA must be mandatory for each property owner within the subdivision and for any successive property owners in title.
[d]
The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.
[e]
The association shall have adequate resources to administer, maintain, and operate such common facilities.
[f]
The conservation easement, declaration of covenants or deed restriction, or approved subdivision plan shall permanently restrict development of the open space and shall specify the use of such space only for agriculture, forestry, recreation, or similar purposes. The Planning Board shall approve the form and content of any easement, declaration, restriction, or subdivision plan. Regardless of which method of protecting the required or designated open space is selected, the restriction shall be made a condition of the final plat approval.
[4]
A conservation easement will be acceptable if:
[a]
The conservation organization is acceptable to the Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law.
[b]
The conveyance contains appropriate provisions for proper reverting or retransfer if the conservation organization becomes unwilling or unable to continue carrying out its functions.
[c]
A maintenance agreement acceptable to the Town is established between the owner and the conservation organization to insure perpetual maintenance of the open space.
[d]
The conservation easement or other legally binding instrument shall permanently restrict the open space from future subdivision, shall define the range of permitted activities, and, if held by a conservation organization, shall give the Town the ability to enforce these restrictions.
(8)
Maintenance standards.
(a)
The owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space.
(b)
Failure to adequately maintain any improvements located on the undivided open space and keep them in reasonable operating condition is a violation of the Zoning Law.[3] Upon appropriate authority or process, the Town may enter the premises for necessary maintenance/restoration, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an HOA, the owners of properties within the development, and if unpaid, shall become a tax lien on such property.
[3]
Editor's Note: See Ch 90, Zoning.
(9)
Sewage treatment systems. Sanitary sewage disposal systems, whether individual or community systems, may be located within, or extend into, required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities for those systems are clearly defined in agreements submitted for approval as part of the subdivision application. Applications shall be approved that provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law.
(10)
Future subdivisions. When an applicant includes only a portion of landowner's entire parcel, a sketch layout according to this section shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner and allocation of density as per the Town of Minden Zoning Law[4] to ensure that subdivision may be accomplished in accordance with this section and to allow the Planning Board to adequately assess segmentation under the State Environmental Quality Review Act.[5] Subdivision and review of the sketch plan of those locations at this stage shall not constitute approval of the future subdivision shown thereon.
[1]
Editor's Note: See Ch 90, Zoning.
The Planning Board may waive, subject to appropriate conditions, the provision of any or all of such improvements as in its judgment of the special circumstances of a particular plat or plats are not required in the interest of the public health, safety, and general welfare, or which in its judgment are inappropriate because of inadequacy or lack of infrastructure adjacent or in proximity to the subdivision. All such waivers shall be in writing and voted on by the majority of the Planning Board.