[HISTORY: Adopted by the Town Board of the Town of Coeymans 8-30-1976
by L.L. No. 2-1976. 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 Town
of Coeymans 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.
To carry out the purposes and provisions of this chapter, the Environmental
Conservation Board shall have the power to adopt, amend and repeal rules and
regulations consistent with this chapter for the purpose of administering
the same; to contract for professional and technical assistance and advice;
to hold hearings and subpoena witnesses in the exercise of its powers, functions
and duties; to recommend the posting of a bond or other security by a permittee
conditioned upon faithful compliance with the terms and conditions of such
permit and for indemnification to the Town of Coeymans for any restoration
costs resulting from a failure of such compliance; and to establish a schedule
of costs and fees chargeable to applicants to defray the costs of postage,
service of process, publication, stenographic services and technical and professional
services as said Board may determine.
The provisions of Title 1, Title 3 and Title 5 of Article 71 of the
Environmental Conservation Law except as herein modified shall be applicable
to the enforcement of this chapter. In addition, any person who violates,
disobeys or disregards any provision of this chapter or of any permit issued
hereunder shall be liable to a civil penalty of not more than $3,000 for each
such violation and an additional penalty of not more than $500 for each day
during which such violation continues, and in addition thereto, such person
may be enjoined from continuing such violation. Penalties and injunctive relief
provided herein shall be recoverable in an action brought by the Attorney
General at the request of the said Board or the Commissioner of Environmental
Conservation of the State of New York. Such action may be brought in the name
of said Board or in the name of such Commissioner.
Any determination of the said Board under this chapter may be reviewed
in accordance with the provisions of Subdivision 5 of § 24-0705
and Title 11 of Article 24 of Environmental Conservation Law, and the provisions
of such sections shall be applicable to any such review.
