§ - 154.06 EXEMPTION FROM COUNTY WETLANDS PROTECTION ORDINANCE.

(A)

Except as provided in the Town Charter and in legislation duly enacted by the Town Commission of the Town, and other than state law of general application, there shall be no enactment, legislation or law in force or effect within the Town on any of the subjects of the county, State Ordinance 90-5 known as the County Wetlands Protection Ordinance approved and adopted by the Board of County Commissioners sitting as the Environmental Control Board of the county on January 23, 1990, or any amendment thereto heretofore or hereafter made.

(B)

Declaration of variance and conflict. The Town Commission hereby determines and declares as follows:

(1)

This section and its provisions and the provisions of the Town zoning Code, particularly including but not limited to its Section 156.030, are at variance with and in conflict with the County, State Ordinance 90-5 known as the County Wetlands Protection Ordinance approved and adopted by the Board of County Commissioners sitting as the Environmental Control Board of the county, on January 23, 1990, as provided in Sec. 1.3 of the Home Rule Charter for the county as promulgated by County Ordinance 84-8 adopted on September 11, 1984.

(2)

By adoption of this section and by adoption of the Town zoning Code, particularly but not limited to Section 156.030, the Town is and shall be and remain exempt from County Ordinance 90-5 known as the Wetlands Protection Ordinance approved and adopted by the Board of County Commissioners sitting as the Environmental Control Board of the county on January 23, 1990, as the same may now exist or hereafter be amended, and from all of its terms and provisions.

(Ord. 159, passed 12-18-90)