[HISTORY: Adopted by the Board of Trustees of the Village of Colonie 8-28-1995 by L.L. No. 2-1995; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 16.
Clearing, grading and erosion control — See Ch. 95.
Environmental quality review — See Ch. 114.
Freshwater wetlands — See Ch. 128.
Subdivision of land — See Ch. 199.
Water — See Ch. 234.
Zoning — See Ch. 242.
The natural and usual flow of water in the watercourses running or passing through the village shall not be diverted, impeded, obstructed, disturbed, molested or otherwise affected, unless a permit therefor shall have been issued by the Superintendent of Public Works, nor shall any earthmoving, grading or lumbering operations or removal of vegetation (except what is incidental to routine maintenance) be undertaken which has the potential of affecting water flow or water quality in any watercourse, unless a permit therefor shall have been issued by the Superintendent of Public Works. Before a permit is issued, the person proposing to do work which is covered by this chapter, as defined above, shall submit an application to the Superintendent of Public Works together with plans and a fee in an amount set by the Board of Trustees by resolution from time to time; in addition, the applicant shall be responsible for any expenses incurred by the village in the review of the plans. The plans shall show the nature and extent of the proposed work and how it will or may affect the natural and usual flow of water; the plans and/or supporting documentation shall also show the potential affect of the proposed work on water quantity or quality as well as how any (potential) adverse effects are to be mitigated. The Superintendent shall modify submitted plans where he believes this is necessary or reasonably required to preserve the capacity of watercourses to carry runoff, to prevent siltation or erosion and to reduce the dangers of flooding. If he is satisfied that these conditions have been met, he may issue a permit. All work shall conform to the plans as modified and any conditions of the permit. The construction or maintenance or use of any structure, device or thing which shall divert, impede, obstruct, disturb, molest or otherwise affect the flow of such water or the execution of any earthmoving, grading or lumbering operations or removal of vegetation (except what is incidental to routine maintenance) without having procured such permit is hereby prohibited.
In order to promote the objectives of this chapter and to preserve the capacity of the northeast branch of the Patroon Creek to carry runoff, to prevent siltation, to reduce the danger of flooding and to protect native fauna and flora in and near the creek, the Patroon Creek drainageway is hereby established.
A. 
The Patroon Creek drainageway shall extend on both sides of the northeast branch of the Patroon Creek from the point where the creek enters the village at the boundary with the Town of Colonie to the point where the creek crosses Lincoln Avenue. The width shall be 100 feet, measured 50 feet on each side from the center line of the creek itself, at low water. If the bed of the creek is moved, the limits of the drainageway shall be moved accordingly.
B. 
The land within the drainageway shall be made available to the village in the form of a permanent easement to enable the village to undertake protective measures to reduce erosion and flooding, to erect necessary structures and to provide access in order to promote the objectives of this section.
C. 
The land shall be made available when and if the owner applies for a permit to build on his land in accordance with the provisions of Chapter 242, Zoning, or for a permit under § 237-1 which involves the construction of any structure which shall divert, impede, obstruct or otherwise affect the flow of water.
D. 
Until such time as a permit has been granted, no structure or building shall be erected and no earthmoving, grading or lumbering operations or removal of vegetation (except what is incidental to routine maintenance) shall be carried out within the drainageway, nor shall any earthmoving, grading or lumbering operations or removal of vegetation (except what is incidental to routine maintenance) or any other activity be undertaken in the vicinity of the drainageway which has the potential of affecting water flow, water quality, flora or fauna or has the potential of causing erosion or siltation in the Patroon Creek or has the potential of adversely affecting the flora, fauna, amenity or utility in the Patroon Creek or its drainageway. Violation of this provision shall be considered a violation under § 237-3.
E. 
Notwithstanding any other provisions of this Code, the land within the limits of the Patroon Creek drainageway may be counted towards the required area of a lot, green space or buffer strip to calculate permitted lot coverage or dwelling units as if there were no requirements to make this land available to the village.
A. 
This chapter shall be enforced by the Chief Code Enforcement Officer or by the Town of Colonie police.
B. 
Any person violating any provisions of this chapter shall be punished by a fine of not more than $250 and/or imprisonment for not more than 15 days. Each day during which a violation shall continue shall constitute and be a separate offense.