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Several streams run through the City of Rensselaer on their way to the Hudson River, including the Mill Creek and Quackenderry Creek and their tributaries, along with a network of streams north of Washington Avenue. The City's Comprehensive Plan and other plans for the City's future have called forthe streams to be protected so they can provide habitat for birds, fish and other wildlife, add scenic beauty, and protect the City from flooding. While the City cannot control the flow of the streams as they enter the City's borders, the City can ensure that future development near streams in the City fosters healthy, resilient stream corridors.

 

A team of City officials, planners and volunteers, with the help of legal and planning professionals and funding from the Hudson River Estuary Program, has developed a Stream Protection Overlay District. The goal is to balance needed development with clean water protection and flood control. The function of the Overlay is as follows:

 

• The Overlay establishes an area of 100 feet on each side of streams where special protections apply.

• Existing homes, businesses, and other uses will not be affected, except that outdoor use or storage of chemicals and pollutants will be prohibited.

• Within the Overlay, steep slopes will be protected to prevent erosion. No construction, excavation, or tree removal will be allowed on slopes over 15% grade.

• New development can still occur in the Overlay area, but care must be taken to protect the stream corridor.

• Most types of new residential and commercial development that would otherwise be allowed will continue to be allowed. There are a couple of exceptions:

  • Commercial and industrial uses will be examined on a case-by-case basis through special use permit review.

  • Certain uses that risk polluting streams will not be allowed in the Overlay, including gas stations, car washes, contractor's yards, manufacturing, and similar uses.

• When new construction is proposed, it will be subject to site plan review by the Planning Commission.

  • New construction will generally not be allowed within 50 feet of a stream.

  • The Planning Commission will make sure that before it issues site plan approval, a project's negative impacts on the stream are minimized and, if possible, benefits like adding native plants are incorporated.

  • Stormwater pollution planning will be required to.avoid sediment polluting streams.

• In addition to avoiding degradation of streams, the Overlay encourages improvement of stream corridors through techniques like removing pavement, restoring stable streambanks, and daylighting buried streams.