§ 167-21. Stream buffers and steep slope restrictions., Article V. Permitted Uses, Uses Requiring Special Use Permits, Chapter 167. Zoning, Part II. General Legislation, Code of Ordinances, Malta

In order to further the goal of the protection of Malta's watershed areas, as well as to preserve the scenic character and water quality of Malta's streams, and to reduce the risk of damage due to flooding, there shall be a buffer of 100 feet on each side of any NY State Department of Environmental Conservation classified stream, Class D or higher, and a buffer of 50 feet on each side of any unclassified perennial stream. Cutting of trees and other vegetation within stream buffers is prohibited, except as provided below.

Except as otherwise specifically provided, buffers shall be measured from the mean high water mark of the stream on each side of the stream.

No soil disturbance will be permitted, nor will a building permit be issued wtih respect to property lying within the stream buffer.

There shall be no septic systems, permanent structures or impervious cover within the stream buffer.

The use of chemicals, such as fertilizers and pesticides, is prohibited within any buffer.

The only allowable uses within a buffer shall be:

(1)

Utility rights-of-way;

(2)

Biking or hiking paths;

(3)

Limited tree clearing. No more than 1/3 of the crown canopy may be cut over any ten-year period, with the exception of the removal of diseased, rotten, or damaged vegetation, or of other vegetation that presents safety or health hazards. All cutting of vegetation shall be approved by the Town's Code Enforcement Officer prior to such cutting.

Topography can greatly influence both the volumes and velocities of runoff. Steep slopes increase runoff velocity, and long slopes increase runoff volume. These conditions increase the potential for erosion to occur. There shall be no construction, disturbance of soil, cutting or development, on slopes with a grade in excess of 15%.