[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery 8-17-1976 by L.L. No. 1-1976. Amendments noted where applicable.]
Pursuant to § 24-0501 of the New York State Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law), the Village of Montgomery 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 by 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.
Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this chapter and Article 24 of the Environmental Conservation Law upon any fresh-water wetland or adjacent area, shall file an application for a permit with the Clerk of the Village of Montgomery. Determination of the application shall be made by the Board of Trustees in accordance with applicable law and such rules as may be adopted by the Commissioner of Environmental Conservation.
This chapter shall take effect upon the filing with the Clerk of the Village of Montgomery of the final Freshwater Wetlands Map by the New York State Department of Environmental Conservation purusuant to § 24-0301 of the Freshwater Wetlands Act applicable to any or all lands within the Village of Montgomery.
[Added 4-21-1986 by L.L. No. 1-1986]
Fees for applications and/or permits shall be determined by the Board of Trustees.