[HISTORY: Adopted by the Town Board of the Town of Shandaken 3-7-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
A.
The intent of this chapter is to establish a Conservation Advisory
Council (or "CAC") for the Town of Shandaken pursuant to the authority
found in New York State General Municipal Law Article 12-F § 239-x.
B.
The preservation and improvement of the quality of the natural and
man-made environment within the Town of Shandaken, New York, in the
face of population growth, urbanization and technological change,
with their accompanying demands on natural resources, are found to
be of increasing and vital importance to the health, welfare and economic
well-being of present and future inhabitants and to require forthright
action by the governing body of the Town of Shandaken. It is recognized
that the biological integrity of the natural environment on which
man is dependent for survival and the natural and functional beauty
of our surroundings which condition the quality of our life experience
cannot be protected without the full cooperation and participation
of all the people of the Town of Shandaken working in partnership
with local and state officials and with various public and private
institutions, agencies and organizations. Establishment of a Conservation
Advisory Council for conservation of the environment is a necessary
step in fostering unified action on environmental problems. Working
in conjunction with the Planning Board, Zoning Board of Appeals, Building/Zoning
Department, the Shandaken Area Flood Assessment and Remediation Initiative
("SAFARI"), and the Town's Floodplain Manager, the Town of Shandaken
Conservation Advisory Council will also serve as the Town's Climate
Smart Community Task Force, seek environmental or sustainability-related
certifications as may be identified, and develop a comprehensive climate
program for the Town.
The Town Board of the Town of Shandaken hereby creates a council
which shall be known as the "Town of Shandaken Conservation Advisory
Council," hereinafter called the "CAC" or the "Council."
A.
The CAC shall consist of seven members appointed by the Town Board
for two-year terms ending on December 31 and who shall serve at the
pleasure of the Town Board. Persons residing within the Town of Shandaken
who are interested in the improvement and preservation of environmental
quality shall be eligible for appointment as a member of the CAC.
Vacancies on the CAC shall be filled in the same manner as the original
appointment, except that a vacancy occurring other than by the expiration
of a term of office shall be filled only for the remainder of the
unexpired term.
B.
The Town Supervisor, Town Board members, Chair of the Planning Board,
Chair of the ZBA, Highway Superintendent, Building/Zoning Department
head, and other officials who hereafter may be designated by the Town
Board shall be ex officio members of the CAC.
A.
The Town Board shall designate a member of the CAC to act as Chairperson
thereof. At the first meeting of the CAC, its members shall elect
from among themselves a Recording Secretary. The CAC shall adopt rules
and procedures for its meetings. It shall keep accurate records of
its meetings and activities and shall file an annual report as provided
in this Code.
B.
As the CAC serves as the Climate Smart Community Task Force, the
Chairperson of the CAC shall serve as the Town's Climate Smart
Community Coordinator. In this capacity, the Chairperson shall:
The powers and duties of the CAC shall be to:
A.
Research, assist, and advise the Town Board on actions to be completed
by Shandaken consistent with the goals and objectives of environmental
and sustainability-related certification programs, including, but
not limited to, the Climate Smart Communities Program and Clean Energy
Communities Program.
B.
Document and qualify actions completed by the Town, the CAC, and
other Shandaken organizations consistent with the goals and objectives
of environmental and sustainability-related certification programs,
including, but not limited to, the Climate Smart Communities Program
and Clean Energy Communities Program.
C.
Advise the Town Board on matters affecting the preservation, development
and use of the natural and human-made features and conditions of the
Town insofar as natural beauty, environmental quality, biological
integrity, and other environmental factors are concerned. In the case
of human activities and developments, advise on any major threats
posed to environmental quality so as to enhance the short-term or
the long-range value of the environment of the people of the Town.
D.
Develop and, after receiving general approval by resolution of the
Town Board, 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.
E.
Conduct and maintain an up-to-date inventory of the natural resources
within the Town in map form, including an up-to-date index of all
significant open spaces in public or private ownership within the
municipality, including but not limited to natural landmarks; glacial
and other geomorphic or physiographic features; streams and their
floodplains, swamps, marshlands and other wetlands; unique biotic
communities; scenic and other open areas of natural or ecological
value; and of the ownership, present use and proposed use of such
open areas so as to provide a base of information for recommendations
by the CAC to the Town Board for their preservation and/or use.
F.
Seek to coordinate, assist and unify the efforts of private groups,
institutions, and individuals within the Town of Shandaken in accord
with the purposes of this chapter.
G.
Maintain liaison and communications 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 CAC.
H.
Working in cooperation with the Planning Board, recommend from time
to time to the Town Board features, plans, and programs relating to
environmental improvement for inclusion in the Comprehensive Plan
of the Town of Shandaken and, similarly, recommend to the Town Board
appropriate and desirable changes in existing local laws and ordinances
relating to environmental control or recommend new local laws and
ordinances.
I.
Prepare, print and distribute books, maps, charts and pamphlets in
accord with the purposes of this chapter.
J.
Obtain and maintain in orderly fashion maps, reports, books and other
publications to support the necessary research of the CAC into local
environmental conditions.
K.
When authorized by resolution of the Town Board of the Town of Shandaken,
accept by gift, grant, devise, bequest or otherwise property both
real and personal in the name of the Town of Shandaken as may be necessary
to conserve or otherwise properly utilize open spaces and other land
and water resources within the boundaries of the Town of Shandaken.
Such real property may be accepted in fee for land and water rights
or as any lesser interest, development right, easement, including
conservation easement, covenant or other contractual right, including
conveyance with limitations or reversions.
L.
Carry out such other duties as may be assigned from time to time
by the Town Board.
M.
Adopt the New York State Climate Smart Communities pledge, which
comprises the following 10 elements:
(1)
Build a climate-smart community.
(2)
Inventory emissions, set goals, and plan for climate action.
(3)
Decrease energy use.
(4)
Shift to clean, renewable energy.
(5)
Use climate-smart materials management.
(6)
Implement climate-smart land use.
(7)
Enhance community resilience to climate change.
(8)
Support a green innovation economy.
(9)
Inform and inspire the public.
(10)
Engage in an evolving process of climate action.
The CAC shall keep accurate records of its meetings and actions
and shall submit an annual report to the Town Board not later than
the first day of April of each year concerning the activities and
work of the CAC 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 CAC, including ex officio members, 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 of Shandaken to preserve and improve the quality of the natural
and man-made 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 public board or agency.
The establishment of an advisory board must be by resolution
and a public hearing called by the Town Board.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
This chapter shall take effect immediately upon filing with
the Secretary of State.
