[Adopted 8-24-1976 by L.L. No. 4-1976 (Ch. 50, §§ 50-14 through 50-18, of the 1969 Code of the Town of Huntington)]
It is declared to be the public policy of the Town Board of the Town of Huntington 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 development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the Town of Huntington. It is further declared to be the policy of the Town Board of the Town of Huntington to exercise its authority pursuant to Article 24 of the State Environmental Conservation Law, as such Article may from time to time be amended.
Pursuant to § 24-0501 of the New York State Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law), the Town of Huntington 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, with the following exceptions, additions and modifications:
A. 
Projects for which applications have been filed pursuant to Article 7 and Article 8 of the Public Service Law.
B. 
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.
C. 
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.
A. 
This Article, adopted on the date set forth above, shall take effect upon the filing with the Town Clerk of the Town of Huntington 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 Town of Huntington.
B. 
In addition, this Article is enacted under provisions of Article 3 of the New York State Constitution, of the Town Law and Municipal Home Rule Law of the State of New York. This Article shall take effect when the appropriate certified copies hereof are filed with the Secretary of State and the Comptroller of the State of New York pursuant to § 27, Municipal Home Rule Law.