A.
Purpose. Stream corridors serve many natural functions which promote and protect the public health, safety, and general welfare. They transport surface and stormwater to downstream areas, supplement floodplain and wetland water storage functions in heavy storm or melt events, filter water-borne pollutants and sediments, promote infiltration and groundwater recharging, and provide unique plant and animal habitat. Stream corridors also provide recreational amenities and enhance the aesthetic quality of the community. The purpose of the Stream Corridor Overlay District is to protect these functions by minimizing impacts of development on the stream corridor. These regulations do not replace, but rather supplement other zoning district provisions. Stream Corridor Overlay Districts are superimposed upon other zoning districts and represent an additional level of review and regulation specifically related to the protection of the identified water resource and shall not be varied by the Zoning Board of Appeals.
B. HIGH WATER MARK STREAM CORRIDOR WATERCOURSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The line between upland and bottom land which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.
Areas which lie between the center line of a watercourse and a line 50 feet horizontal from and perpendicular to the high water mark on either side of the watercourse.
Any stream, river, creek, or brook as described in the Official Compilation of Codes, Rules and Regulations of the State of New York, Title 6, Conservation.
C.
Coordination of regulations. The property that is included in the stream corridor overlay district is subject to the regulations and restrictions of the underlying district in addition to the regulations and restrictions of the overlay district. Whenever a requirement of the overlay district is at variance with a requirement of the underlying district, the most restrictive requirement shall govern.
D.
District boundaries. The stream corridor overlay district shall include all areas which lie between the center line of all watercourses (as generally depicted on the Environmental Inventory Maps for the Town of Van Buren as prepared by the Onondaga County Environmental Management Council) and a line 50 feet horizontally from and perpendicular to the high water mark on both sides of such watercourses. When an applicant contemplates activity upon a parcel which contains a stream corridor, the applicant shall be required to determine the boundaries of the stream corridor through the performance of a field survey applying the stream corridor definition. Evidence documenting the results of the boundary survey may also be required. The Code Enforcement Officer shall confirm the boundaries of the stream corridor.
E.
Structures within the stream corridor. No structures except for fences, boat launching sites, boathouses, poles, lean-tos, docks, bridges, and fisherman parking areas shall be constructed within the stream corridor; however, structures less than 500 square feet in ground floor area may be allowed by special use permit.
F.
Bridges within the stream corridor. No bridge shall be erected over a stream corridor except for such rights-of-way as are necessary for purposes of public safety, fire access or access to otherwise landlocked parcels. Any such bridge shall be located, designed and constructed so as to minimize its visibility from the watercourse, minimize alteration of the natural environment, and avoid undue adverse environmental impact and shall be reasonable and necessary. Any such bridge over the watercourse shall be constructed of naturally occurring materials, such as wood or stone, to the extent feasible and shall not interfere with the recreational use of the watercourse.
G.
Grading and filling within the stream corridor. No new fills shall be placed above the existing grade inside the high water mark of a watercourse.
H.
Utilities within the stream corridor. A stream corridor utility use shall be located, designed, and constructed so as to avoid undue adverse environmental impact and to minimize its visibility.