Ballston Town City Zoning Code
ARTICLE VIII
Ballston Lake Waterfront District Regulations
§ 138-22 Uses permitted.
All uses permitted and all uses requiring either site plan approval or a special use permit are listed on the Table of Uses, Area, Frontage and Setback Requirements for the Ballston Lake Waterfront District located at the end of this chapter (Attachment 7).[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 138-23 Area requirements.
A.
All area requirements for each use are so indicated on the Attachment 7, Table of Uses, Area, Frontage and Setback Requirements for the Ballston Lake Waterfront District located at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
No density bonus shall be allowed to be used within the Ballston Lake Waterfront District as per Article XXXIV.
§ 138-24 Purpose and intent.
The Ballston Lake Waterfront District is created to protect the visual environment of the Ballston Lake Shoreline and, along with the Watershed Protection Overlay District (Article XV of this chapter), to protect the water quality of Ballston Lake.
§ 138-25 Site plan approval required.
Site plan approval from the Planning Board shall be required to place, expand, or alter or replace any retaining wall or bulkhead; in addition, site plan approval is required for any filling, grading, lagooning, dredging, ditching and/or excavating within the district where such activities affect an area greater than 1,000 square feet. However, replacement of any septic tank or pipe(s) in an existing septic system that disturbs greater than 1,000 square feet may be permitted through the Building Department only and does not need Planning Board site plan approval. Docks are permitted uses that require a building permit as per Attachment 7.
§ 138-26 Septic systems.
The expansion or replacement of septic systems shall be designed by a licensed design professional.
§ 138-27 Design standards.
A.
General standards.
(1)
All structures, except docks and boathouses, shall be screened by vegetation, landscaped and/or placed in such a manner so that the view of the structures from the water and to the water is filtered or obscured and the visual impact is minimized to the maximum extent practicable.
(2)
All parking, loading, access driveways, patios or service areas shall be constructed of permeable materials wherever practicable.
(3)
All construction activities shall be carried out the shortest time possible and in such a manner so as to minimize the erosion that may be caused by such activities. Best practice erosion and stormwater management shall be required. A plan for such management shall be approved by the Stormwater Management Officer and implemented prior to the commencement of any construction activities.
(4)
Shoreline areas, excepting beaches, shall not be exposed without vegetation for longer than the time period designated by the Building Inspector, and when exposed for such allowable time period, shall adequately be protected from erosion using best management practices.
(5)
Lighting devices shall be oriented and limited so as to minimize disturbances on surrounding properties and so as not to unreasonably diminish or obstruct views from the water or to the water.
B.
Shoreline alteration. The following standards shall apply to shoreline alteration:
(1)
General standards.
(a)
The activity shall not alter the natural contours of the shoreline.
(b)
The activity shall not disturb shoreline vegetation except in a minimal way. Where vegetation is destroyed, harmed or removed, it shall be restored or replaced with indigenous vegetation. Stabilization shall be in accordance with the U.S. Soil Conservation Service Engineering standards and specifications.
(c)
The activity shall be carried out in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
(d)
The activity shall be designed and carried out to preserve or enhance the aesthetic features of the shoreline area to be disturbed and the shoreline and not aesthetically detract from the shoreline areas in the immediate vicinity of the area to be disturbed.
(e)
All applicable federal, state and other governmental agency permits shall be obtained.
(2)
Specific standards.
(a)
Filling. No fill shall be placed in this district except as associated with shoreline protective structures, beach replenishment, agricultural uses or other uses approved by the Planning Board. Any fill placed in this district shall be protected against erosion.
(b)
Dredging. There shall be no removal or rearrangement of materials in the water, except at those locations where such removal or rearrangement is found to be beneficial to existing shoreline conditions, uses, and water quality and clarity. Where dredging is permitted by the Planning Board, soil materials shall not be deposited in this district unless approved by the Planning Board.
(c)
Retaining walls/bulkheads. The addition, expansion or replacement of any type of retaining wall or bulkhead shall be discouraged, except in the case where the alternative of shoreline restoration to a natural state is impossible due to excessive slope or severe erosion problems, a condition to be determined by the Planning Board. Construction of retaining walls or bulkheads shall not be permitted for only aesthetic reasons. When permitted, retaining walls or bulkheads shall not exceed 16 feet in height, as measured from the stationary mean high-water mark, and shall be constructed of native stone or wood. When treated lumber is used for the construction of a retaining wall or bulkhead, it shall be the sealed nonleaching type.
(3)
Tree cutting and land clearing regulations. The purpose of the tree cutting and land clearing regulations is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreline area. These provisions shall not apply to the removal of dead, diseased or dying trees or to other vegetation that present safety or health hazards.
(a)
Within this district, the removal of vegetation, including trees, shall be permitted on shorefront lots, provided a development permit is issued by the Stormwater Management Officer and the following standards are met:
[1]
Within 35 feet extending inland from all points along the mean high-water mark, no more than 25% of the trees in excess of six inches diameter at breast height existing at any time may be cut over any ten-year period.
[2]
Within six feet inland of the mean high-water mark, no more than 30% of the shorefront may be cleared of vegetation on any individual lot. This provision shall be adhered to in addition to Subsection B(3)(a)[1] above.
(b)
The general exception to the above standards shall be an allowance for lake access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 20% of the shoreline frontage on any individual lot or a maximum of 75 linear feet, whichever is less. The clear-cut should be angled across the lot so as to allow for a view and access, but reduce runoff. The pathway created should be constructed or surfaced to be effective in controlling erosion.
(c)
The above cutting standards shall not prevent the removal of diseased vegetation or of rotten or damaged trees or of other vegetation that present safety or health hazards.
(d)
As an alternative to the above standards, a cutting plan allowing greater or different cutting may be permitted by the Planning Board by review and approval of a cutting site plan. Such site plan shall include a sketch of the lot and provide information on the topography and existing vegetation of the area in question, a proposed cutting plan and proposed revegetation plan. The Planning Board may approve such plan only if it finds that the cutting plan:
[1]
Will not cause undue erosion or destruction of scenic beauty.
[2]
Will ensure that natural vegetation is preserved as far as practicable and, where removed, is replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.
[3]
Will provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the Planning Board may require the submission of a bond, which will guarantee the performance of the replacement plantings by the lot owner.
[4]
Will not violate the standards of the shoreline restrictions of the other governmental agencies, if applicable.
[5]
Where a shoreline lot owner violates this section, the Planning Board may require total revegetation so as to create a buffer strip area, which is in compliance with this section.
(4)
Provisions for access.
(a)
Within this district, the following minimum shoreline frontages shall be required for deeded, easement, right-of-way or other contractual access to the shoreline of Ballston Lake for three or more lots, parcels, or sites or dwelling units not having separate and distinct ownership of shore frontage:
(b)
Site plan review and approval by the Planning Board pursuant to the standards below.
(c)
A plan shall be submitted showing areas for swimming, recreation, docking, building placement, parking and landscaping.
(d)
Compliance with the provisions of this section and this chapter.
(e)
Such use shall not significantly impair the natural appearance of said parcel; does not overcrowd the parcel or the adjacent water surface; does not produce unreasonable noise or glare to the surrounding properties; and does not pose any substantial hazards.
(f)
The first three lots, sites or dwelling units shall require a total of not less than 75 feet and each additional lot, site or dwelling unit shall require an additional five feet of shoreline frontage.
(g)
Waterfront access parcels may be developed for contractual access for five or more lots or units only if those lots or units are part of an overall development plan for land that is located adjacent to the waterfront parcels.
(h)
Each parcel used for contractual access shall measure at least the minimum lot area for the zoning district where the access is proposed and shall measure an average depth of 100 feet from the mean high water mark.
(i)
No structures other than toilet, changing facilities, picnic shelters shall be constructed on the waterfront access parcel. The total combined square footage of all structures shall not exceed 1,000 square feet.
(j)
Commercial activities of any kind are prohibited.
(k)
Parking areas shall be landscaped and shall be set back from the shoreline a minimum of 75 feet.