City of Cohoes, NY Chapter 159 Freshwater Wetlands

[HISTORY: Adopted by the Common Council of the City of Cohoes 8-24-1976 by Ord. No. 103-1976. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission — See Ch. 60.

Building construction — See Ch. 152.

Subdivision of land — See Ch. 250.

Water — See Ch. 280.

Zoning — See Ch. 285.

§ 159-1 Exercise of regulatory authority.

Pursuant to § 24-0501 of the New York State Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law), the City of Cohoes, New York, 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 map may from time to time be amended, filed with the Department of Environmental Conservation pursuant to the Act, and in all areas adjacent to any such freshwater wetland up to 100 feet from the boundary of such wetland. 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, with the following exceptions, additions and modifications:

A. The following activities shall not be subject to regulation by this chapter:

(1) Projects for which applications have been filed pursuant to Article 7 and Article 8 of the Public Service Law.

(2) Emergency work which is immediately necessary to protect the health, safety and well-being of any person or prevent damage to personal or real property.

(3) Ordinary maintenance and repair of existing structures or improved areas which does not involve expansion or substantial restoration, reconstruction, rehabilitation or modification, including but not limited to bridges, roads, highways, railroad beds, bulkheads, docks, piers, pilings or paved areas.

§ 159-2 When effective.

This chapter, adopted on the date set forth above, shall take effect upon the filing with the Clerk of the City of Cohoes, New York, of the final Freshwater Wetlands Map by the New York State Department of Environmental Conservation pursuant to § 24-0301 of the Freshwater Wetlands Act applicable to any or all lands within the City of Cohoes, New York.