Ballston Town City Zoning Code
ARTICLE XII
Stream Buffers
§ 138-50 General provisions.
A.
Streams classified by the New York State Department of Environmental Conservation as (C) and C(t) and higher in all locations in the Town of Ballston shall have stream buffers as follows:
(1)
All Class C and (Ct) streams shall have a 100-foot buffer from each side of the outer bank of the high-water mark.
(2)
No construction shall take place within this buffer. Natural vegetation is to be promoted to the maximum extent practical within the buffer. Management of invasive species and active woodland and vegetation management shall also be allowed to take place within the buffer, provided that management activities do not compromise the integrity of the stream bank or negatively impact the function of the stream buffer.
B.
Each application for a building permit special use permit, subdivision, or site plan within a stream buffer shall furnish sufficient data to demonstrate that the proposed activity will not result in any of the following within the buffer area. Further, applicants for new construction projects disturbing one or more shall employ site specific stormwater management strategies to prevent adverse impacts upon such streams.
(1)
Alteration of aquifer capacities.
(2)
Reduction of flood-carrying capacities of watercourses or increased hazards associated with flooding.
(3)
Deterioration of water quality or impairment of best usage of waters.
(4)
Alteration of water retention capabilities; increase in siltation of surface water bodies and adjacent areas.
(5)
Significant disturbance to fish and wildlife populations and natural plant communities.
(6)
Impairment of any natural function of a wetland or its adjacent buffer area.
(7)
Alteration of the flow pattern of a watercourse area.
(8)
Increase in the velocity of surface water runoff.
C.
The following uses shall be allowed to take place within a stream buffer area upon review by the Planning Board:
(1)
Park, residential boat launch, nature preserve, game preserve or other similar use, provided that the use is in accordance with the purposes set forth in this chapter, including accessory structures which are an integral part of the uses listed in this subsection.
(2)
Utility work and repairs and utility transportation systems, including (but not limited to) water, sewer and cable crossings.
(3)
Roadway or driveway crossings, provided that the applicant demonstrates that there is no other reasonable means of access available and the applicant obtains appropriate permits.
(4)
Creation of freshwater wetlands as part of required mitigation for losses of wetlands on site or off site.
(5)
A local public corporation that has entered into a written memorandum of understanding with the New York State Department of Environmental Conservation regarding the conduct of activities in local streams.
(6)
Any person actively cultivating agricultural land, including crossing of protected streams by livestock and farming equipment, and withdrawal of water for irrigation purposes in a manner which does not alter the stream.