Protecting
the Kayaderosseras Creek through Better Buffers
Recommendations for Municipalities
Conservation Committee
October 2005
Introduction
The Kayaderosseras Creek is a
superb natural resource that flows through much of Saratoga
County, New York, from its
headwaters in Corinth, through
Greenfield,
Milton, Malta,
Ballston Spa, and Saratoga Springs, to its
outlet in Saratoga
Lake. Seven municipalities in the creek’s watershed
are part of the county’s MS4* Stormwater Management
Program. The creek is also a recreational and scenic resource for the people in
our region. It provides excellent habitat in and around its banks, with the
potential to serve as a regional riparian* and greenway* corridor for people
and animals. It is in our best interests to take care of the Kayaderosseras, keeping its water clean and our communities
healthy.
Vegetative buffers*
protect the stream
The largest threat to developing watersheds, like the Kayaderosseras Creek system, is improper land use and
development: development too close to
the stream corridor and wetlands; erosion from poorly managed construction
sites, turf grass and other semi-pervious and impervious surfaces adjacent to
the stream; and unmanaged stormwater runoff* from
urbanized areas. These are becoming
major sources of pollution in the Kayaderosseras
Creek watershed. The best way to
counteract the effects of development and increased runoff is using vegetative
buffer zones, including trees, shrubs, and ground covers, adjacent to the water
on both sides. Such vegetative buffers:
U absorb nutrients and pollutants from storm-water to keep the
stream clean
U slow storm-water runoff to prevent erosion of the land and siltation in the stream
U have healthy roots that provide structure to the stream channel
and prevent bank erosion, wash-outs and changes in the shape of the channel
U include low places and wetlands that hold water to reduce
downstream flooding and increase groundwater (aquifer) recharge
U provide shade to keep water cool for trout and other
cold-water species
U add food and shelter for aquatic life when leaves and
branches fall into the water
U provide habitat for wildlife
U provide scenic beauty and recreational opportunities for
people
*see Glossary bellow
Friends of the Kayaderosseras suggest
that to maintain a healthy Creek, establishing vegetative buffers* along both
sides of the Kayaderosseras from beginning to end
should be a goal of all communities that share the Creek. We urge the policy makers of these
communities to consider planning and zoning tools that will encourage the
creation and maintenance of such buffers.
An open space network should be viewed as a key component of
a community’s infrastructure, just like the transportation network or the sewer
and water systems. We believe that open
spaces are planned, functional networks which enhance a community’s long-term
health and beauty. To create such
networks, municipalities must bring land conservation to a priority level
similar to other, more traditional, infrastructures. The most effective and cost-efficient time to
implement such policies is now, when the Kayaderosseras
Creek system remains largely intact.
The Kayaderosseras Creek system is
the largest tributary to Saratoga
Lake.
How big should the buffer be?
There is no easy answer to this question. It depends on the slope of the ground, the
soil type, the function the buffer is intended to fulfill, and a variety of
other variables. Studies have shown that
even very narrow buffers, such as 25’, can help to reduce pollution and improve
water quality. On the other hand,
increasing the width to 250’ accomplishes a drastic reduction in pollutants and
sediments. In order to accommodate the
nesting sites of some species of turtles that live in the water but lay eggs on
land, one recent study concluded that almost 1000’ of buffer is required. It seems that the best rule for buffer width
is the wider the better.
New York
State conservation law
generally requires wetland buffers of 100’ but does not require buffers on all
streams. We recommend 100' as a minimum figure for the Kayaderosseras,
and we suggest that a width of 250’ be used whenever possible, and a width of
1000’ in environmentally sensitive areas, floodplains, and those areas where
conservation easements or purchases can be obtained.
The 100’ minimum is wide enough to provide good shade, plant
cover, partial pollution / erosion control, and a basic visual screen for
people and wildlife.
The larger buffers would accomplish more complete pollution
control and better habitat value and recreational opportunities.
Buffer width and appearance do not have to be uniform along
the entire Creek. We recognize that some
property-owners have already removed vegetation and converted Creek banks to
other purposes. In areas with intense
prior disturbance of the riparian zone, we suggest a gradual system of
buffering: native vegetation with no cutting allowed in the first 50’, no
disturbance of the soil in the first 100’, and no use of chemicals such as
fertilizers and pesticides within 250’ of the Creek, for example. In areas of less development, where riparian
vegetation is still intact, pre-emptive regulations can be used to maintain a
greater buffer area.
A common complaint property owners have about vegetative
buffers is that they block the view of the Creek. It is possible for buffer guidelines to
accommodate viewsheds by allowing the trimming of
tree branches up to a certain height above the ground along a narrow (say 25’
wide) corridor from the house to the stream.
Discrete, narrow, winding paths for access are also acceptable.
Mechanisms to encourage the creation of vegetative buffers
Friends of the Kayaderosseras is a citizen conservation group, not a
legal firm. Municipalities should always
consult their own legal counsel to be sure that their actions are consistent
with local and state regulations.
However, we offer the following as examples of policies that have been successfully
used for conservation purposes in at least some locations. We note that many are not restricted to
stream buffers but can be used for a variety of open space goals. Some may require county or state-level
cooperation.
Some of these mechanisms may be more or less acceptable to
property-owners, but all can be legitimate methods under appropriate
conditions. To quote Daniels (1999, p.
266): “Land is not only an asset in a portfolio; it is a piece of a community. While landowners have the right to develop
their land, the density and type of development may legally be limited by
community land-use policies. Communities
and regions should recognize they are under no obligation to allow excessive
development or development in the wrong place just to fill the bank accounts of
a few landowners.”
Friends of the Kayaderosseras does not suggest that any of these tools
is appropriate for any particular municipality, much less all
municipalities. Instead, we offer the following list as a menu of
possible options available for consideration. It is always a challenge to find the perfect
set of measures to fit the needs of any given location. We appreciate your willingness to consider
our suggestions, and we thank you for the important efforts that are already
underway in our communities to conserve our Creek.
Menu of Buffer Options
A. Guidelines to
limit impacts to the Creek.
Conservation zoning can be used to ensure the public
health and safety. Most of the following
are likely to satisfy that definition.
These can be voluntary or required, and they can be incorporated into
subdivision regulations.
1) In agricultural zones, restrict tilling and chemical use
adjacent to the Creek.
2) For individual homeowners, restrict soil disturbance,
construction, and chemical application close to the Creek.
3) Restrict impervious surfaces within 1000 feet of the
Creek and require a combination of
constructed wetlands and filter strips in locations where this buffer is
infringed upon.
4) Establish local regulations that restrict clearing and
building in and around wetlands adjacent to the Kayaderosseras
Creek and in the 100-year floodplains shown on FEMA maps.
5) Exercise diligent regulation of on-site septic systems in
areas around the Kayaderosseras. Consider prohibiting on-site systems within
1000 feet of the Creek. Require regular
maintenance of all septic systems.
6) Include tributaries of the Kayaderosseras
Creek in protective measures.
(“Menu” sections B-D follow)
B. Methods to ensure new developments do not
infringe on Creek buffers. The goal
is to ensure that open space is conserved in new developments in ways that
contribute to the buffering of the Kayaderosseras.
1) For developments adjacent to the Creek, require clustering
of houses outside the Creek’s established buffer zone.
2) Provide density bonuses (more development rights
than the zoning allows) in return for permanent preservation of the Creek
buffer, through donation to the municipality, a land trust, or a homeowner
association. In the case of land
donation, also consider density bonuses for endowment gifts that would cover
the costs of trail construction or other long-term management.
3) Require mandatory dedication of open space for all
new developments. For new developments adjacent to the Creek, the preserved
open space should be the creek buffer.
For developments in other locations, allow the developer to substitute
open spaces in identified priority areas like the Kayaderosseras.
4) Create a riparian zoning overlay around the Kayaderosseras Creek and its tributaries. This allows the implementation of streamside
zoning requirements and construction restrictions without changing underlying
municipal zoning. Create minimum frontage requirements for the Creek, similar
to minimum road frontages. This can
reduce streamside clearing.
C. Methods to preserve land adjacent to the
Creek by managing growth and development.
1) Investigate use-value taxation for property that
is designated as Creek buffer for some period of time. For example, if a property owner agreed to
leave 1000’ along the creek in natural vegetation for 10 years, he would be
eligible for a reduced tax rate on that acreage for that period of time. One option is to offer a 100% abatement of
local property taxes for that portion of a property that is in perennial
conservation easement for Creek buffer.
2) Establish a program allowing the transfer of
development rights (TDR) from parcels adjacent to the Creek to parcels not
associated with the municipality’s open space goals. This requires establishment of sending areas
(where open space is desired) and receiving areas (where higher densities are
allowable). In many such programs,
developers pay landowners directly for the development rights so that public
funds are not involved. In others, the
municipality establishes a public bank that can buy development rights from
those wishing to sell them and re-sell to developers. In mandatory TDR programs, the sending area
is zoned very low density and the landowner can then sell development rights as
a way of avoiding economic loss because of the re-zoning. Some localities also have voluntary TDR
programs. It is possible to require
clustering in the sending areas of voluntary programs.
3) Many state and local governments operate programs for the
purchase of development rights (PDR).
Local programs are typically financed through property taxes, sales
taxes, or bonds. Although taxpayers’ immediate
reactions may be negative, such programs are not fiscally unsound, given the
difference in the cost of public services that must be provided to developments
compared to those required by parklands and open space. The public chooses to either subsidize
development or to preserve open space.
4) Accept the donation of conservation easements from
landowners. This can have tax advantages
to the donor if the restriction serves a public purpose and reduces the
economic value of the land. (Note that clustering
and density bonuses as discussed above are intended to eliminate any reduction
in the economic value of the land, so they would replace any tax
advantage.) Also the American Farm and
Ranch Protection Act of 1997 provides for estate tax reduction on farms with
donated permanent conservation easements.
5) Work with land trusts (like the local group,
Saratoga PLAN) to encourage their pursuit of properties and conservation
easements in the Kayaderosseras corridor. Such donations can result in the tax
deductions to property owners noted above, and land trusts have the advantage
of not involving government or public funds.
Municipalities can leverage scarce open space funds by providing
endowments for donated development rights.
This makes possible donations by land-rich but cash-poor donors.
D. Funding sources for community land
conservation efforts.
1) Limited state and federal programs provide funding
for the purchase of property or development rights for outdoor recreation and
open space. Federal programs that assist
with land conservation are the Land and Water Conservation Fund, the Wetlands
Reserve Program, and the Conservation Reserve Program.
2) Impact fees on new developments can be dedicated
to help pay for conservation of open spaces such as the Kayaderosseras.
3) Land-conversion taxes, collected when open space
(farms and forests) are developed, can be dedicated to conservation of open
spaces.
4) NYS Agriculture and Markets PDR program and Saratoga
County Open Space and Farmland protection grant programs.
5) Municipalities should be prepared to implement a real
estate transfer tax when and if the NYS legislature approves this funding
source.
6) Annual budget appropriations.
7) Wetlands banking and wetlands mitigation funding from
the Army Corps of Engineers.
Content provided by
Lawrence L. Woolbright, Ph.D.
Professor of Biology
Director of Environmental Studies
Siena College,
Loudonville,
NY 12211
Member, Friends of the Kayaderosseras Conservation Committee
Sources consulted in
the preparation of this summary:
Arendt, R. 1999. Growing Greener: Putting Conservation
into Local Plans and Ordinances. Island Press,
Washington D.C.
Daniels, T. 1999.
When City and Country Collide:
Managing Growth in the Metropolitan Fringe. Island Press,
Washington D.C.
McQueen, M. and E. McMahon.
2003. Land Conservation Financing. Island Press,
Washington D.C.
Noss, R.F., M.A. O’Connell, and D.D. Murphy. 1997. The Science of Conservation Planning: Habitat Conservation Under the
Endangered Species Act. Island Press, Washington
D.C.
Peck,
S. 1998. Planning for Biodiversity:
Issues and Examples. Island Press, Washington
D.C.
Glossary
For technical assistance in establishing buffer areas, please contact:
Saratoga
County Soil
and Water Conservation District
50 West High St.
Ballston Spa
NY 12020
(518) 885 - 6900
For information on how municipalities can reduce pollutants and other
damage from stormwater runoff, please contact:
Mr. Blue R. Neils, Stormwater Management Coordinator brn5@cornell.edu
Saratoga
County Cornell
Cooperative Extension
50 West High St.
Ballston Spa
NY 12020
(518) 885-8995 ext 224
Website:
http://www.saratogastormwater.org
For information on conservation easements and transfer of development
rights, open space protection and greenways, contact:
Saratoga P.L.A.N.
110 Spring Street
Saratoga Springs
NY 12866
phone: (518) 587-5554
fax: (518) 587-6467
Website:
http://www.saratogaplan.org
To join the citizens’ watershed group and to participate in its
projects, contact:
Friends of the Kayaderosseras
PO Box
223, Ballston Spa
NY 12020
