[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.
