Pursuant to § 24-0501 of the New York State Freshwater Wetlands
Act (Article 24 of the New York State Environmental Conservation Law), the
Village of Elmsford 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 State 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. Such areas as may be exempt by the Commissioner from
local implementation.
B. Such activities as are exempt by § 24-1305
of the Environmental Conservation Law of the State of New York.
C. Such activities as are exempt by § 24-0701,
Subdivisions 4, 5, 6, 7 and 8, of the Environmental Conservation Law.
D. Such activities as may otherwise be exempt by law.
No building permit shall be issued under the Code of the Village of
Elmsford where the property is situated within the boundaries of the area
shown on the Village of Elmsford Freshwater Wetlands Map or within 100 feet
from the boundary of such area, unless the Environmental Conservation Law
and its requirements are first complied with.
This chapter, adopted August 30, 1976, shall take effect upon the filing
with the Clerk of the Village of Elmsford 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 Elmsford.