It is declared to be the public policy of the city to preserve,
protect and conserve freshwater wetlands and the benefits derived
therefrom, to prevent the despoliation and destruction of freshwater
wetlands and to regulate the use and development of such wetlands
to secure the natural benefits of freshwater wetlands, consistent
with the general welfare and beneficial economic, social and agricultural
development of the city.
Article 24 of the Environmental Conservation Law of the State
of New York entitled "Freshwater Wetlands Act" provides that a local
government may adopt an ordinance by reference to the procedures and
concepts set forth therein.
This ordinance shall apply to the entire area of the City of
North Tonawanda, New York.
The City of North Tonawanda shall fully undertake and exercise
its regulatory authority with regard to activities subject to regulation
under the Act in freshwater wetlands, as shown on the Freshwater Wetlands
Map, as such Act may from time to time be amended, filed by the Department
of Environmental Conservation pursuant to the Act, and in all areas
adjacent to any such freshwater wetlands up to 100 feet from the boundary
of such wetlands. Such regulatory authority shall be undertaken and
exercised in accordance with all of the procedures, concepts and definitions
set forth in Article 24 of the New York Environmental Conservation
Law and Title 23 of Article 71 of such law relating to the enforcement
of Article 24, as such law may from time to time be amended.
The Common Council hereby reserves the right to except, add or modify this ordinance, being Chapter
44 of the Code of the City of North Tonawanda, without time limitation, and it further reserves the right to rescind this ordinance, being Chapter
44 of the Code of the City of North Tonawanda, in its entirety and simultaneously adopt a local freshwater wetlands protection procedure in accordance with Subdivisions 1 and 2 of § 24-0501 of the Environmental Conservation Law of the State of New York.
The Commissioner of Public Works of the City of North Tonawanda
is hereby designated as the chief administrative and enforcement officer
whose duty it shall be to enforce all provisions of this chapter.
He shall issue all permits, inspect all work and report all violations,
deviations from or omissions of the procedures, concepts and definitions
set forth herein.
The City of North Tonawanda shall have the right to charge such
fees and expenses to an applicant for official action as shall enable
the city to recover the costs incurred by reason of such application.
This ordinance, being Chapter
44 of the Code of the City of North Tonawanda, shall take effect immediately upon publication thereof as required by law, but it shall not be implemented until the New York State Department of Environmental Conservation files with the City Clerk of the City of North Tonawanda a copy of the final Freshwater Wetlands Map applicable to any and all lands within the City of North Tonawanda.