It is the purpose of this article to:
A. Encourage planning and development of the natural
and man-made watercourse and adjacent lands in the Town of Colonie
in ways which will restore, protect, develop and enhance their recreational,
cultural, visual and historical amenities; that will minimize the
threat to life and destruction of property and natural resources from
flooding; and that will preserve and reestablish natural floodplain
hydrologic functions.
B. Restore, protect and enhance water quality and associate
aquatic resources and water supplies.
This article shall apply to those watercourse
areas which are delineated on the Town of Colonie's map entitled "Town
of Colonie Protected Watercourse Areas," which is hereby adopted and
declared to be a part of this article. Said map is on file in the
Town Clerk's office, and copies are available for reference in the
Planning and Economic Development Department.
The following activities are expressly prohibited
in the designated protected watercourse areas of the Town of Colonie:
A. Removal of vegetation, except for the reasonable upkeep
or preservation of the property or as otherwise provided herein.
B. Piping, except as otherwise provided herein.
C. Grading which would alter the contours of the watercourse
area in excess of six inches in depth, except as otherwise provided
herein.
D. Grading of any material other than clean fill.
E. Discharging of untreated wastewater or other hazardous
substances or pollutants.
F. Construction of a structure or structures or any portion
thereof greater than 200 square feet in total ground surface area
per lot, except for replacement in kind of an existing structure.
Encroachments by such structures, 200 square feet or less in total
area per lot, shall be permitted if not nearer than 75 feet to the
watercourse center line. Removal of vegetation and grading in excess
of six inches in depth related to any such encroachment shall be permitted,
but shall be limited to the area within 10 feet of the encroachment.
G. Street, driveway or walkway crossings, except for
replacement in kind of an existing facility or those necessary for
traffic distribution, traffic safety or emergency access purposes
or which provide access to otherwise inaccessible parcels. Removal
of vegetation, culvert piping, bridge construction, and grading in
excess of six inches in depth related to such excepted crossings shall
be permitted, but shall be limited to the minimum necessary to construct
the crossing.
H. Construction of streets, driveways or walkways other
than those specified in this article; parking areas; patios or other
such surfaces greater than 200 square feet in total ground surface
area per lot, except for replacement in kind of an existing facility.
Encroachments by such surfaces, 200 square feet or less in total area
per lot, shall be permitted if not nearer than 75 feet to the watercourse
center line. Removal of vegetation and grading in excess of six inches
in depth related to any such encroachment shall be permitted but shall
be limited to the area within 10 feet of the encroachment.
The provisions of this article shall be primarily
administered and enforced by the PEDD, which shall have the power
to make necessary inspections.