Purpose. The Town of Minden declares that the protection of its stream corridors, floodplains, wetlands and steep slopes is an important public purpose and that, to the extent practicable, future development of the Town should minimize disturbance of these areas.

Effect of regulations.

Mapping of districts. The Town Board may adopt and revise, as part of the Zoning Map, an Overlay District Map or Maps delineating the districts established herein. The provisions of this article shall take effect only when each Overlay District created herein has been placed on a specific map.

Interpretation of boundaries. In the event of uncertainty as to the exact boundaries of any Overlay District, the Zoning Board of Appeals shall interpret this article by designating the exact boundary pursuant to the criteria established below for creating each Overlay District, with information prepared by a professional consultant as provided in Article V, § 90-14G.

Purpose. The protection of stream corridors is essential to the maintenance of water quality and the scenic beauty of the Town. It is, therefore, necessary to protect these stream corridors from sedimentation and water pollution.

Boundaries. The Stream Corridor Overlay District shall consist of all lands lying within 200 feet of either side of the center line of all streams classified by the New York State Department of Environmental Conservation, as well as such other streams and tributaries as may be designated and mapped by the Town Board. Where these streams are split into two or more channels by islands, the SC Overlay District shall include such islands, and district boundaries shall be measured from the center lines of the outer channels.

Regulations. The Stream Corridor Overlay District regulates activities within the delineated corridors. Within this district, a special use permit shall be required for any construction, filling, excavation, clear-cutting of more than 10,000 square feet of vegetation over a five-year period, grading or other alteration of the natural landscape, application of fertilizers or pesticides or dumping or disposal of any materials. This regulation shall not apply to agricultural uses existing as of the adoption of this chapter.

Special use permit requirements. The Planning Board may issue a special use permit pursuant to § 90-16B(3) above, only if it finds that the granting of the special use permit, with appropriate conditions attached, will not result in erosion or stream pollution from surface or subsurface runoff.

Purpose. The purpose of this overlay zone is to protect the Town from overdevelopment in and around natural areas important to the people and the future of the Town of Minden.

Boundaries. All land areas within 100 feet of a New York State regulated wetland.

Procedure. No permit shall be issued by the Code Enforcement and/or Zoning Officer for any construction within 100 feet of a New York State regulated wetland until the applicant has obtained applicable approvals from the New York State Department of Environmental Conservation.