[HISTORY: Adopted by Common Council of City of North Tonawanda 8-30-1976. Amendments noted where applicable.]
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.