A.
The Town of Colonie is blessed with many miles of
rivers and streams which provide important benefits to every resident.
Watercourse areas provide much of the water we drink. They enhance
our commerce and provide other economic benefits. Aesthetically pleasing
watercourse areas add to the quality of human experience. Watercourse
areas may be pleasant to look upon, to work or rest beside or to contemplate.
They may enhance the visual scene wherever they occur, whether in
cities or in wilderness. Watercourse areas provide a variety of recreational
benefits, and they may enhance the value of adjoining properties,
public or private. A well-maintained watercourse area may provide
a focal point of pride for a community. In spite of these values,
watercourse areas are not always accorded treatment which allows them
to function properly. Many have been needlessly polluted, unwisely
dammed or insensitively channelized, thereby reducing their capability
to satisfy diverse human needs.
B.
A community can reap economic and social benefits
of its watercourse areas if its watercourse areas are properly managed.
Conversely, a watercourse area can become an economic and social liability
if a community neglects a watercourse area or permits adjacent lands
to be improperly used; therefore, the Town of Colonie determines that
conservation and enhancement of the quality of its watercourse areas
and related shoreland resources is necessary and that the watercourse
corridor (watercourse and its immediate shoreland environment) is
an area of critical environmental significance which, because it is
an area which includes the watercourse and the natural and cultural
resources that are closely related to it, is the most important zone
for concentrating watercourse conservation and management efforts
and hereby adopts this article, to be known as the "Town of Colonie
Watercourse Area Management Law," to protect and manage said resources.
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.
A.
Activities subject to review and permit. The following
activities within the designated protected watercourse area shall
require the submission of a watercourse activity permit application
and receipt of an approval therefor prior to being undertaken:
(1)
Any development activity subject to subdivision or
site development plan review. However, this provision is not intended
to authorize any activity prohibited under this chapter.
(2)
The installation of any street, driveway or walkway
crossing permitted or the reconstruction or replacement in kind of
any existing structure, culvert or bridge or any existing street,
driveway or walkway crossing greater than 200 square feet in total
ground surface area.
(3)
The discharge of stormwater, groundwater or treated
wastewater.
(4)
The installation, reconstruction, replacement or maintenance
of public or private utilities.
(5)
Grading which would alter the contours of the watercourse
area six inches or less in depth, except for residential lawn maintenance
or gardening activities or agricultural uses. However, this provision
is not intended to authorize any activity prohibited under this chapter.
C.
Coordination of review. The Planning and Economic
Development Department (PEDD), in its review of any application required
by this article, shall coordinate its review with the Conservation
Advisory Council and, to the extent applicable, integrate review of
the watercourse activity permit process with the site development
plan review and approval process and subdivision review and approval
and other Planning Board approvals.
D.
Submittal requirements. Application for all watercourse
area activity permits shall include but not be limited to the following:
(1)
Application form and fee. Submission to the PEDD of
a watercourse area activity permit application on forms prescribed
by the Town therefor, together with payment of the required fee therefor,
if any, established by the Town Board. The application shall be signed
by the owner of the subject property where the activity is proposed.
(2)
Narrative description. A narrative description of
the proposed project, addressing its scope of operation, purpose,
justification and impact on the immediate area of influence and the
Town in general (drainage, utilities, aesthetics and land use compatibility)
and including the following:
(a)
The address of the site.
(b)
The name of the applicant.
(c)
The name of the protected watercourse area,
as designated on the Protected Watercourse Area Map.
(d)
A description of existing site and use.
(e)
A description of intended site development and
use.
(f)
Anticipated impacts on watercourse function
and physical character.
(g)
The impact on adjoining property; visual, drainage
or other.
(3)
Photograph. Photograph(s) of the site.
(4)
Environmental assessment form. A completed environmental
assessment form.
(5)
Site development plan. A site development plan outlining
the proposed design at a scale of one inch equals 10 feet, one inch
equals 20 feet, one inch equals 30 feet or one inch equals 40 feet.
Sheet size shall be 22 inches by 34 inches or 34 inches by 44 inches,
which plan shall show:
(a)
The boundary line of property to be developed
or used, including any interior lot lines.
(b)
A small-scale location map at a scale of one
inch equals 2,000 feet. The location map shall be oriented the same
as the site development plan.
(c)
The names and uses of all adjoining property
owners.
(d)
The location and names of existing adjacent
streets.
(e)
The watercourse area name, boundaries and center
line.
(f)
Existing structures, utilities and site improvements
within 50 feet of the property.
(g)
Proposed buildings and other improvements (with
building and setback dimensions).
(h)
Existing/proposed utilities, including locations,
sizes and connection, inlet or discharge points.
(i)
Limits of proposed clearing and grading.
(j)
Existing and proposed vegetation and landscaping.
(k)
Location and details of proposed erosion control
measures, both temporary and long-term.
(l)
Access.
(m)
Existing and proposed topography at two-foot
contour intervals, on and within 50 feet of the project site, related
to NGVD 1929.
(n)
Existing/proposed easements.
(o)
North arrow.
(p)
The address of the property.
(q)
The following standard notes:
[1]
"The applicant shall comply with all applicable
federal, state and local laws, rules and regulations, including but
not limited to the State Environmental Quality Review Act (SEQR),
freshwater wetlands permit regulations, the Town grading laws and
the Town floodplain management laws.
[2]
"The applicant shall bear the sole responsibility
for ensuring that all improvements are completed in accordance with
approved plans, specifications and standards.
[3]
"No certificate of occupancy shall be issued
until all required improvements are satisfactorily completed and the
PEDD has issued written authorization to the Building Department.
[4]
"The applicant shall be responsible for keeping
existing public highways and adjacent lands free of debris, soil and
other matter which may accumulate due to construction related to the
site."
(r)
Stamp and signature of a New York State licensed
professional. Plans shall be prepared by an engineer, surveyor, architect
or landscape architect licensed by the State of New York and authorized
under his or her New York license to execute the plans and contents
thereof.
(6)
Soil analysis. Soil analysis describing soil types,
surface and subsurface rock and groundwater conditions.
(7)
Additional reports, maps, plans or materials. Such
additional reports, maps, plans or materials as the PEDD may reasonably
request and deem necessary to make the determinations required by
the New York State Environmental Quality Review Act and this article.
E.
Application review. Upon receipt of a watercourse
area activity permit application, the PEDD shall review the submittal
for completeness and shall notify the applicant as to its determination.
If the application is complete, the PEDD shall refer the proposal
to such other agencies as it deems appropriate. Thereafter, based
on its review and such recommendations as it may receive from other
agencies and after complying with the requirements of SEQR, the PEDD
shall act to approve, deny or approve with modifications said application
and notify the applicant of said determination.
F.
Other applicable permits required. Receipt of a watercourse
area activity permit does not preclude the applicant from having to
obtain any other applicable permits, such as but not limited to building
permits.
G.
Certificate of compliance. Upon issuance of the watercourse
area activity permit and such other permits and approvals as may be
necessary; the applicant shall undertake the watercourse area activity
in strict compliance with the approved plans and in conformance with
such additional conditions as may have been imposed by the PEDD in
granting said watercourse area activity permit. Within 30 days after
completion of the work authorized by the permit, the applicant shall
submit a photograph of the work area and a written certification that
the work has been performed and completed according to the permit
approval and conditions. The PEDD may make such inspections as necessary
to verify conformance, and thereafter the applicant is required to
obtain a certificate of compliance from the PEDD before any use or
occupancy shall occur on the subject site. If any use or occupancy
occurs prior to such time, the provisions of this chapter entitled
"Penalties for offenses" shall become applicable.
H.
Continued compliance required. If, at any time after
a certificate of compliance has been issued, the PEDD finds that any
of the conditions of an approved watercourse area activity permit
have not continued to be met or that areas of the watercourse have
been damaged in violation of this article, the PEDD shall order the
applicant to make such corrections as it deems necessary to bring
the situation into compliance with the provisions of the permit or
for restoration of the watercourse area(s) damaged in violation of
this article. In the event that said applicant has failed to comply
or maintain compliance with said permit after being ordered by the
PEDD to make the requisite corrections, the provisions of "Penalties
for offenses" shall become applicable.[1]
I.
Expiration. Any watercourse area activity permit shall
be valid for one year from the date of issuance. For purposes of this
section, the date of issuance shall be the date that an approved application
form is filed in the office of the Town Clerk. If there is no substantial
change in the condition of the site and/or its environs or the applicable
law, a permit may be extended for one additional one-year period upon
written request by the applicant and due consideration by the PEDD.
J.
Amendments. Any proposed amendment of a watercourse
area activity permit application previously approved by the PEDD shall
be subject to the same approval procedure as provided for a watercourse
area activity permit as provided by this article. However, the PEDD
may waive any of the procedural steps to the extent it deems appropriate
for an application for an amended watercourse area activity permit,
provided that the applicant shall formally submit an application to
amend and receive formal approval therefor.
A.
The PEDD may waive the procedural and submittal requirements
of this article in the event of an emergency requiring immediate repair
of a ruptured or severed municipal or public utility, provided that
the purposes of this article are observed to the greatest extent possible.
B.
In the event of such an emergency, the agency or department
responsible for the utility shall notify the PEDD, prior to beginning
any repair, of the location and nature of the emergency, the action
proposed to correct it and the measures which will be taken to ensure
protection of the watercourse. If prior notification of the PEDD is
not possible and there is imminent danger to life or property, necessary
repairs may be performed, provided that the least possible disturbance
of the watercourse is ensured and that the PEDD is notified as soon
as possible thereafter.
C.
The PEDD shall inspect the site, if possible, prior
to the start of the repair and after the repair is completed and may
order such protective or corrective measures as it deems necessary
to minimize disturbance of the watercourse.
A.
In processing any appeal or variance application,
the Significant Environmental Areas Management Appeals Board (SEAMAB)
shall consider the purpose of this article, all relevant materials
relied upon by the PEDD and any materials submitted by the applicant.
B.
In determining a matter on appeal or an application
for a variance, the Board shall issue its decision in writing specifying
the nature of the appeal (variance), the documents comprising the
appeal (variance), the facts the Board determines to be relevant,
the sections of this article or other provisions upon which the Board
relies and the Board's conclusion about the appeal (variance).
C.
All decisions which finally determined an appeal or
variance application shall be in writing and filed with the Town Clerk
and copies sent to the applicant and the PEDD, and such decision shall
be made in compliance with the provisions of SEQRA.
D.
Any watercourse area variance shall be valid for three
years from the date of issuance. For purposes of this section, the
date of issuance shall be the date that notice of a SEAMAB decision
granting such variance is filed in the office of the Town Clerk. If
there is no substantial change in the condition of the site and/or
its environs or the applicable law, a variance may be extended annually
for an additional one-year period upon written request by the applicant
and due consideration by the SEAMAB.
The provisions of this article shall be primarily
administered and enforced by the PEDD, which shall have the power
to make necessary inspections.
