[HISTORY: Adopted by the Town Board of the Town of Rhinebeck 6-27-2011 by L.L. No.
2-2011. Amendments noted where applicable.]
The Town of Rhinebeck ("Town") is renowned for its scenic beauty
and bucolic open spaces, rural and historic character, natural resources
and outstanding quality of life. The Town is also known for the care
it takes to ensure that its nationally recognized resources are protected
and preserved. The preservation and improvement of the quality of
the natural environment within the Town are of vital importance to
the health, welfare and economic well-being of present and future
residents and requires action by the Town Board, as mandated in the
2009 Town of Rhinebeck Comprehensive Plan. It is recognized that the
biologic integrity of the natural environment, on which residents
depend for survival and the natural and functional beauty of our surroundings,
which affect the quality of our life experiences, cannot be protected
without the full cooperation and participation of all the people of
the Town working in partnership with local, state and federal officials
and with various public and private institutions, agencies and organizations.
Establishment of a Conservation Advisory Board is a necessary step
in fostering coordinated action on environmental problems and it is
essential that the Town Board designate one entity for coordinating
and communicating, in a timely manner, all relevant information on
the natural environment among the Planning Board, Zoning Board of
Appeals, Town Board, Town Attorney, Town Engineer, Town Planner, Code
Enforcement Officer, and Zoning Enforcement Officer.
The Town Board hereby creates a board which shall be known as the "Town of Rhinebeck Conservation Advisory Board," hereinafter called the "Conservation Advisory Board." The Town of Rhinebeck Conservation Advisory Council shall cease functioning upon this chapter becoming effective. Any matters being worked on by and any functions and responsibilities heretofore granted to the Conservation Advisory Council shall be transferred to the Conservation Advisory Board in addition to those enumerated in § 9-5. Existing members of the Town of Rhinebeck Conservation Advisory Council are eligible for appointment to the Conservation Advisory Board following consideration by the Town Board.
The Conservation Advisory Board shall consist of up to nine
members, with a minimum of five members. All members of the Conservation
Advisory Board shall be appointed by the Town Board. Of the members
first appointed to the Conservation Advisory Board, the Town Board
shall designate two to hold office for the term of one year, three
for the term of two years and the remainder for the term of three
years. Their successors, and additional members not serving as successors,
shall be appointed for a term of three years from and after the expiration
of the terms of their predecessors in office. Persons residing within
the Town who are interested in the improvement and preservation of
environmental quality shall be eligible for appointment as members
of the Conservation Advisory Board. Vacancies on the Conservation
Advisory Board shall be filled in the same manner as the original
appointment. In addition, the Town Board may appoint nonresidents
of the Town who are interested in the improvement and preservation
of the environmental quality of Rhinebeck as nonvoting ex officio
members of the Conservation Advisory Board.
The Town Board shall appoint a member of the Conservation Advisory Board to act as Chair thereof. At the first meeting of the Conservation Advisory Board, its members shall designate from among themselves a Recording Secretary. The Conservation Advisory Board shall develop rules and procedures for its meetings. The Conservation Advisory Board shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 9-7 of this chapter.
A.
The
powers and duties of the Conservation Advisory Board shall be to:
(1)
Advise various Town agencies on matters affecting the preservation,
development and use of the lands listed on the Open Space Index and
particularly natural features and conditions of such lands in the
Town insofar as aesthetics, quality, biologic integrity and other
environmental factors are concerned, including, in the case of human
activities and developments, with regard to any major threats posed
to environmental quality, so as to enhance the long-range value of
the environment to the people of the Town.
(2)
Develop and conduct a program of public information in the community
which shall be designed to foster increased understanding of the nature
of environmental problems and issues and support for their solutions.
(3)
Conduct studies, surveys and inventories of the natural and man-made
features within the Town by updating and maintaining the Town's
Natural Resource Inventory and Open Space Map using a computer-based
geographic information system (GIS), providing advice using science-based
procedures, and conducting such other studies and surveys as may be
necessary to carry out the general purposes of this chapter.
(4)
Maintain an up-to-date inventory or index of all open spaces in public
or private ownership within the Town, including but not limited to
natural landmarks; glacial and other geomorphic or physiographic features;
streams and their floodplains; wetlands; biodiversity and unique biotic
communities; scenic and other open spaces of natural or ecological
value; and of the ownership, present use and proposed use of such
areas, so as to provide a base of information for recommendations
by the Conservation Advisory Board for their preservation and/or use.
(5)
Seek to coordinate, assist and unify the efforts of private groups,
institutions and individuals with the Town in accord with the purposes
of this chapter.
(6)
Communicate and act as liaison with public and private agencies and
organizations of local, state and national scope whose programs and
activities have an impact on the quality of the environment or who
can be of assistance to the Conservation Advisory Board.
(7)
Obtain and maintain in an orderly and timely fashion maps, reports,
books and other publications to support the necessary research of
the Conservation Advisory Board into local environmental conditions
in a space at Town Hall with access to a photocopy machine, fax machine,
and a Town computer configured with the Town's GIS system.
(8)
Further assist the Town in the development of sound environmental
planning and ensure preservation of natural and scenic resources on
the local level throughout the Town as follows:
(a)
Review each proposed application for action by the Town Board or
by the Planning Board and Zoning Board of Appeals which seeks approval
for the use or development of open space. Nothing contained herein
shall be interpreted to require applications to the Building Department,
the Zoning Enforcement Officer or the Highway Superintendent to be
referred to the Conservation Advisory Board. Applications, including
their accompanying State Environmental Quality Review Act (SEQR) environmental
assessment forms and/or environmental impact statements, if any, shall
be referred by the Town Board, Planning Board, and Zoning Board of
Appeals, as applicable, to the Conservation Advisory Board, at such
time as the application is accepted for review. In the event the application
is for a conservation subdivision, the Conservation Advisory Board
shall participate in the four-step design process and shall attend
the mandatory field visit with the Planning Board. In the event the
application is located within the Local Waterfront Revitalization
Area, such application shall include sufficient additional information
as is necessary for the Conservation Advisory Board, acting as the
Waterfront Advisory Committee, to make a determination of coastal
consistency.
(b)
Submit a written report promptly to the referral body after receipt
by the Conservation Advisory Board of such application, so that the
referral body will have the report prior to substantive consideration
of the application, but in no event later than 30 days after receipt
by the Conservation Advisory Board of such application. If the Conservation
Advisory Board fails to report within such period, the referring body
may take final action on the proposed action without such report.
Such report shall evaluate the proposed use or development of the
open space in terms of the environmental planning objectives of the
Town and shall include the effect of such use or development on the
Town's environment. The report shall make recommendations as
to the most appropriate use or development of the applicable open
space and may include recommendations of preferable alternative use
proposals consistent with open space conservation. A copy of every
report shall be filed with the Town Board.
(c)
Make available for public inspection at the office of the Conservation
Advisory Board copies of all such reports of the Conservation Advisory
Board.
(d)
Carry out the tasks and responsibilities conferred upon the Conservation Advisory Council in Chapter 3 of the Town of Rhinebeck Comprehensive Plan, as adopted on December 29, 2009, as may be amended from time to time.
(e)
Exercise any of the functions and responsibilities heretofore granted to the Conservation Advisory Council as hereinabove stated, including acting as the Waterfront Advisory Council pursuant to Chapter 118.
(f)
Nothing herein shall prevent the Town Board or other Town agency
or department from requesting advice from the Conservation Advisory
Board.
B.
Working
in cooperation with the Planning Board, a designated member of the
Conservation Advisory Board shall attend said Planning Board meetings
and provide to the Planning Board the Conservation Advisory Board's
recommendations concerning features, plans and programs relating to
environmental planning. The Conservation Advisory Board shall also
review industrial, commercial, institutional and subdivision proposals
for their environmental impact, and similarly recommend to the Town
Board appropriate and desirable changes in existing local laws and
ordinances relating to environmental conservation or recommend new
local laws and ordinances.
A.
Automatic
referral of proposals for development or permits in areas of open
space shall be made upon acceptance of applications by the Planning
Board, Zoning Board of Appeals, or Town Board, to the Conservation
Advisory Board.
B.
The Conservation Advisory Board, if it needs additional information to render its advice, may ask for the appearance by a proposer at a regular Conservation Advisory Board meeting. The number of days between the date of such request and the appearance by the proposer shall not be counted for purposes of § 9-5A(8)(b).
The Conservation Advisory Board shall submit an annual report
to the Town Board concerning the activities and work of the Conservation
Advisory Board and, from time to time, shall submit such reports and
recommendations as may be necessary to fulfill the purposes of this
chapter.
The members of the Conservation Advisory Board shall receive
no compensation for their services as members thereof, but may be
reimbursed for reasonable and necessary expenses incurred in the performance
of their duties within the appropriations made available therefor.
This chapter shall be deemed an exercise of the powers of the
Town to preserve and improve the quality of the natural environment
on behalf of the present and future inhabitants thereof. This chapter
is not intended and shall not be deemed to impair the powers of any
other public corporation.
Except as defined herein, all words used in this chapter shall
carry their everyday dictionary definition. Unique terms used throughout
this chapter are defined as follows:
A compilation of the natural resources of an area in a usable
format. The primary purpose of the Natural Resource Inventory is to
provide data that can provide a basis for municipal planning to maintain
or enhance the conservation of natural or scenic resources.
The Open Space Map and Natural Resource Inventory accepted
and approved by the Town Board.
An inventory of open areas within the entire Town with each
such area identified and listed according to priority of preservation.
The use of Geographic Information Systems (GIS) data, encompassing
all identified natural resources and concerns as described in the
Natural Resource Inventory.
