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HomeMy WebLinkAbout20250907 75 Clinton St Interpretation UDO Article 7 - Special Purpose - Section(s) 7.3 & 7.4Article 7. Special Purpose Districts City of Saratoga Springs UDO March 2022 7-1 Article 7. Special Purpose Districts 7.1 WP WATER PROTECTION OVERLAY DISTRICT 7.2 FLOODPLAIN OVERLAY DISTRICT 7.3 HISTORIC REVIEW OVERLAY DISTRICT 7.4 ARCHITECTURAL REVIEW OVERLAY DISTRICT 7.1 WP WATER PROTECTION OVERLAY DISTRICT 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. 3. An exception to permit encroachment into the DEC wetland buffer areas may be permitted by the Planning Board in consultation with the jurisdictional authority and by issuance of a Watercourse/Wetland Permit, per Section 13.6. 4. An exception to permit encroachment into the federal wetland buffer areas may be permitted by the Planning Board by issuance of a Watercourse/Wetland Permit, per Section 13.6. 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 Section 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. Article 7. Special Purpose Districts City of Saratoga Springs UDO March 2022 7-2 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: a. Agricultural activities, except for livestock enclosures. b. Watercourse maintenance activities if carried out in accordance with applicable New York State DEC standards, requirements, and permits. c. The following activities related to the maintenance and upkeep of property: i. Lawn care, except for the application of chemical fertilizers and pesticides. ii. Gardening. iii. Tree and shrub care. iv. Removal of dead and deteriorating vegetation. v. Planting of native riparian vegetation. d. Municipal utility crossings. e. Maintenance and reconstruction of municipal utilities. 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. Article 7. Special Purpose Districts City of Saratoga Springs UDO March 2022 7-3 7.2 FLOODPLAIN OVERLAY DISTRICT A. Purpose The Floodplain Overlay District is intended to minimize and prevent adverse effects of proposed development within areas of special flood hazard within the City of Saratoga Springs, by limiting the establishment of uses that may pose a danger to public health, safety, and property during times of flooding, and regulating development that may increase the potential impacts of a major storm event, or exacerbate impacts on land adjacent to the floodplain. B. Applicability The Floodplain Overlay District applies to all areas of special flood hazard within the jurisdiction of the City of Saratoga Springs, as identified on the Flood Insurance Rate Map (FIRM) for Saratoga County, New York published by the Federal Emergency Management Agency (FEMA) as amended. C. Flood Damage Prevention All lands within the Floodplain Overlay District are subject to the regulations of Chapter 120 (§120-1 – §120-21) of the City Code, Flood Damage Prevention, as amended. 7.3 HISTORIC REVIEW OVERLAY DISTRICT A. Purpose The Historic Review Overlay District is intended to protect, enhance, and preserve the landmarks and historic districts of Saratoga Springs in order to promote the many significant historic, landscape, architectural, and cultural resources that constitute its heritage. B. Applicability and Review The actions outlined in Section 13.9 are subject to historic review by the Design Review Board within the Historic Review Overlay District. 7.4 ARCHITECTURAL REVIEW OVERLAY DISTRICT A. Purpose The City finds that appropriate architectural design and the consistent quality of building exteriors directly contribute to the positive value of real property, the enhancement of community character, and the health, safety, and general welfare of the City’s residents. Therefore, the intent of this section is to provide architectural standards for the construction, maintenance, and enhancement of structures within designated areas of the City. B. Applicability and Review The actions outlined in Section 13.9 are subject to architectural review by the Design Review Board within the Architectural Review Overlay District. In the event that a property is located in both the Architectural Review Overlay District and the Historic Review Overlay District, the requirements of the Historic Review Overlay District shall control. C. Architectural Review Overlay District Boundaries 1. Where Architectural Review Overlay district boundaries are indicated as approximately following lot lines or projections thereof, said boundaries are construed to be coincident with such lines. Where district boundaries encompass more than 80% of a lot’s area, the entire lot shall be subject to the Architectural Review provisions of Section 13.9. 2. For Architectural Review Overlay district boundaries aligned parallel or approximately parallel to major travel corridors and/or arterial streets, the following shall apply: a. Any lot or zoning lot indicated on the overlay map to be partially within the Architectural Review Overlay District which contains a lot line abutting the travel corridor or arterial street shall be subject to the Architectural Review provisions of Section 13.9 to the full extents of the zoning lot. Article 7. Special Purpose Districts City of Saratoga Springs UDO March 2022 7-4 b. A zoning lot indicated on the overlay map to be partially within the Architectural Review Overlay District which does not contain any lot line abutting the travel corridor or arterial street shall be subject to the Architectural Review provisions of Section 13.9 to the full extents of the zoning lot if 50% or more of the length of the front lot line is within the indicated boundaries of the overlay district. If more than 50% of the length of the front lot line is not within the indicated boundaries of the overlay district, the zoning lot is not subject to Architectural Review. 3. Where the application of this section leaves doubt as to the applicability of the requirements of the Architectural Review Overlay District for a specific lot or zoning lot, the Zoning Officer shall determine whether the lot or zoning lot is subject to Architectural Review.