Clifton Park City Zoning Code
ARTICLE X
Land Conservation Districts L-C
§ 208-69 Purpose.
[Amended 4-6-1998 by L.L. No. 2-1998]
The purpose of the Land Conservation District (hereinafter "L-C") is to delineate, preserve, protect and conserve wetlands and streams and their respective regulated adjacent areas, as designated by the New York State Department of Environmental Conservation, and to preserve natural floodplains, as designated by the Town of Clifton Park. It is the policy of the Town of Clifton Park to preserve these natural resources and the benefits derived therefrom, prevent the destruction and despoliation of such areas and to regulate development in these areas such that their natural benefits are secured, consistent with the general welfare and beneficial social and economic development of the Town.
§ 208-69.1 Location and boundaries.
[Amended 4-6-1998 by L.L. No. 2-1998]
A.
The locations and boundaries shall be as follows:
(1)
Freshwater wetlands. The L-C boundaries associated with wetlands consist of those freshwater wetlands inventoried and mapped by the New York State Department of Environmental Conservation pursuant to Article 24 of the Environmental Conservation Law and the one-hundred-foot adjacent area measured horizontally from the border of the wetland.
(2)
Stream. Classified streams located in the Town of Clifton Park that have been indexed and/or mapped by the New York State Department of Environmental Conservation, and a fifty-foot adjacent area (buffer) on each side of the outer bank of the high-water mark, except that:
(a)
The buffer area for the Stony Kill (Stony Creek) downstream from the Stony Creek Reservoir will be 100 feet from each side of the outer bank of the high-water mark.
(b)
The buffer area for the Cooley Kill downstream from Carlton Road until it reaches the Dwaas Kill will be 100 feet from each side of the outer bank of the high-water mark.
(c)
The buffer area for that portion of the Dwaas Kill downstream from Kinns Road will be 100 feet from each side of the outer bank of the high-water mark.
(d)
The buffer area for that portion of the Alplaus Kill, which is in Clifton Park will be one hundred feet from each side of the outer bank of the high-water mark.
(3)
In addition to the buffer area described in Subsection B(2) above, for streams within the Town of Clifton Park that are listed under Section 303 (d) of the Federal Clean Water Act, applicants for new construction projects disturbing one acre or more shall employ site specific stormwater management strategies to prevent adverse impacts upon such waters.
[Added 12-17-2007 by L.L. No. 13-2007[1]]
[1]
Editor's Note: This local law also provided for the renumbering of former Subsection B(3) as Subsection B(4).
(4)
Floodplains. The L-C boundaries associated with floodplains are defined by the official flood boundary and floodway map (FBFM) of the community published by the Federal Emergency Management Agency.
B.
Each applicant for a building permit, soil disturbance permit, subdivision or site plan within or containing areas zoned L-C due to freshwater wetlands shall contact the New York State Department of Environmental Conservation to verify the exact location of the wetlands boundaries and regulated adjacent areas. A copy of the delineation must be filed with the Planning and Zoning Department, who will distribute it to other affected departments within the Town of Clifton Park.
[Amended 12-12-2022 by L.L. No. 3-2022]
§ 208-69.2 Permitted uses.
[Amended 12-9-1996 by L.L. No. 11-1996; 4-6-1998 by L.L. No. 2-1998]
A.
To promote the purposes of this article, no building or structure shall be built, expanded or altered and no land shall be expanded or altered for any purpose within the areas depicted on the Official Zoning Map as L-C other than for:
(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 from the New York State Department of Environmental Conservation.
(4)
Creation of freshwater wetlands as part of required mitigation for losses of wetlands on site or off site.
C.
Application for uses that are not considered permitted uses (as described in the preceding subsections) will be reviewed pursuant to the review application procedure in Chapter 124, Freshwater Wetlands and Stream Protection, the standards indicated in § 208-69.3 of this chapter and the variance procedures given in § 208-109, Board of Appeals, of the Code of the Town of Clifton Park.
§ 208-69.3 Additional standards for permit.
[Amended 4-6-1998 by L.L. No. 2-1998]
A.
Each application for a building permit, soil disturbance permit, subdivision or site plan within or containing areas zoned L-C due to freshwater wetlands shall be reviewed for conformance with Chapter 124 of the Code of the Town of Clifton Park; in addition, the applicant must furnish sufficient data to demonstrate that the proposed activity will not result in any of the following:
(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.
§ 208-70 Space and bulk standards.
The following requirements apply to the uses delineated at § 208-69.2 hereinabove:
A.
Area. The minimum area for any application pursuant to this article shall be 100,000 square feet.
B.
Front yards. Each proposal pursuant hereto shall include a front yard with a depth of not less than 80 feet.
C.
Rear yards. Each proposal pursuant hereto shall include a rear yard with a depth of not less than 50 feet.
D.
Side yards. Each proposal shall include two side yards, each having a minimum width of 20 feet.
E.
Height. For each foot by which the height of a building or other structure exceeds 35 feet, the total width of each of the two side yards shall be increased by two feet.