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.