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.
