[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
pursuant 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.
