A.
Purpose statement. The WP Water Protection Overlay District is intended to protect the variety of water resources within the City including the wetlands, watercourses, public water supply, and water wellheads, to reduce flooding, protect water quality and control watercourse pollution, minimize sedimentation and erosion, and preserve recreational, aesthetic and open space benefits.
B.
Loughberry Lake Public Water Supply Reservoir. No principal buildings, accessory structures, or paved surfaces are permitted on land within 300 linear feet from the highwater elevation for the Loughberry Lake Public Water Supply Reservoir.
C.
Water wellhead. No principal buildings, accessory structures, or paved surfaces are permitted on land within 100 linear feet from any public water wellhead.
D.
Wetlands. No principal buildings, accessory structures, or paved surfaces are permitted on land within 100 linear feet of lands and waters identified as Class I and Class II Freshwater Wetlands by the Commissioner of the New York State Department of Environmental Conservation (DEC) or within 50 linear feet of federal wetlands.
1.
Class I and Class II Freshwater Wetlands are generally shown on the maps entitled "Final Freshwater Wetlands Maps-Saratoga County" prepared by the New York State Department of Environmental Conservation. The precise boundaries of such wetlands may be determined by field inspection by the New York State Department of Environmental Conservation.
2.
Federal wetlands include areas of jurisdiction by the U.S. Army Corps of Engineers, which may require jurisdictional determination.
E.
Streams and regulated watercourses.
1.
Applicability. All water and land within 100 linear feet of the centerline of all City streams with a mean high water channel top width between 10 feet and 50 feet are subject to the standards of this section. Maps of these regulated watercourse areas are available in the City Clerk's office and in the Office of Planning and Economic Development.
2.
Activities subject to watercourse/wetland permit. A watercourse/wetland permit, per § 240-13.6, is required before undertaking the following activities:
a.
Any development activity subject to subdivision or site plan review.
b.
The replacement in-kind of any lawfully existing structure.
c.
New construction, reconstruction, or replacement of accessory structures 500 square feet or less in ground floor area.
d.
The installation, reconstruction, replacement, or maintenance of non-municipal or private utilities.
e.
The installation, reconstruction, or replacement of a culvert, bridge, or streetcrossing.
f.
The installation, reconstruction, or replacement of paved areas.
g.
The discharge of storm water, ground water, or treated wastewater.
h.
Grading, except for residential lawn maintenance, gardening activities, or agricultural uses.
i.
Removal of live vegetation, except for reasonable upkeep or the preservation of the property.
j.
The application of chemical fertilizers and pesticides.
3.
Activities exempt from permit. The following activities are exempt from a watercourse/wetland permit:
4.
Prohibited activities. The following activities are prohibited:
a.
Installation of any septic tank, leach field, or other on-site sewage disposal facility.
b.
Storage or dumping of any waste material, or debris that would alter the natural contours or characteristics of the watercourse.
c.
New construction of accessory structures over 500 square feet in ground floor area.
d.
New construction of a principal structure.
e.
Watercourse alteration through piping, filling, or excavation.