Town of Greenburgh, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenburgh 8-22-2001 by L.L. No. 8-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 260.
Wetlands and watercourses — See Ch. 280.
Exotic and wild animals — See Ch. 345.
Community Development and Conservation Department — See Ch. 495.
Conservation Advisory Council — See Ch. 520.
Parks and recreation — See Ch. 600.

§ 566-1 Legislative intent; findings.

A. 
Many of the parklands of the Town of Greenburgh contain natural wildlife habitats, where endangered and threatened species and species of special concern may exist. Recognizing that the protection of the natural habitats of endangered species is critical to the protection of these species, the Town wishes to protect the habitats of such wildlife located on Town parkland. While other governmental entities, including the state and Westchester County, have passed laws to protect endangered, threatened and species of special concern, none of these initiatives will identify critical habitats or biodiversity reserves on Town parkland.
B. 
The Town Board hereby finds and declares that the preservation of these species increases the quality of life of Town residents, enriching the local natural environment, offers educational opportunities and is desirable for the health, safety and welfare of Town residents. This legislation will further these objectives by identifying and regulating those sites of Town parkland inhabited by such species to ensure the perpetuation of such local wildlife and plants.

§ 566-2 Definitions.

As used in this chapter, the following words and terms shall have the meanings indicated. The meanings of all other terms and words not specifically defined shall be their generally accepted definition.
BIODIVERSITY RESERVE
A specific geographical area of Town parkland or land managed by the Town for park purposes, designated by the Commissioner of Parks and Recreation, in consultation with the Parks and Recreation Advisory Board, which is occupied by an endangered species, threatened species or species of special concern, in which the overall management objective is to preserve the biological diversity and ecosystem function for that specified and delineated area, and which will contain one or more critical habitats plus a buffer zone for a specific species and/or other species.
COMMISSIONER OF PARKS AND RECREATION
The Commissioner of Parks and Recreation for the Town of Greenburgh or his designee.
CRITICAL HABITAT
A specific geographical area of Town parkland or land managed by the Town for park purposes designated by the Commissioner of Parks and Recreation, in consultation with the Parks and Recreation Advisory Board, which is occupied by an endangered species, threatened species or species of special concern and on which are found those physical or biological features essential to the preservation of the species; and an area of Town parkland or land managed by the Town for park purposes, designated by the Commissioner of Parks and Recreation, in consultation with the Recreation Advisory Board, which, although not occupied by an endangered species, threatened species or species of special concern, nonetheless contains the physical or biological features essential to the preservation of such species and is located in close proximity to a geographical area which is occupied by such endangered species, threatened species or species of special concern. Except as otherwise determined by the Commissioner of Parks and Recreation, a critical habitat shall not include the entire geographical area that can be occupied by an endangered species, threatened species or species of special concern.
ENDANGERED SPECIES
Any species which is in danger of extinction other than a species of the Class Insecta determined by the Commissioner of Parks and Recreation to constitute a pest whose protection under the provisions of this chapter would present a risk to man.
ENDANGERED SPECIES UNIT
The Endangered Species Unit of the New York State Department of Environmental Conservation.
FISH or WILDLIFE
Any member of the animal kingdom, including, without limitation, any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.
GREENBURGH ENDANGERED SPECIES LIST
The list of endangered species, threatened species and species of special concern compiled by the Commissioner of Parks and Recreation from the Westchester County Endangered Species List pursuant to § 566-2 of this chapter.
PARKS AND RECREATION ADVISORY BOARD
The Town of Greenburgh Parks and Recreation Advisory Board.
PLANT
Any member of the plant kingdom, including seeds, roots and other parts thereof.
RANGE
A geographical area in which a particular species of animal or plant may be found, and relates to the distribution of that species. Within a range an individual species will have specific habitat requirements (which include breeding, feeding, natural protection, etc.).
SPECIES
Any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife, which interbreeds when mature.
SPECIES OF SPECIAL CONCERN
Any native plant species or any native nonharvested fish or wildlife species documented by scientific research and inventory to have a naturally restricted range or habitat within the county that includes the Town and which is at a low population level, and for which a risk of endangerment has been documented by the Westchester Commissioner.
TOWN
The geographical area of the Town of Greenburgh, unincorporated area.
WESTCHESTER COMMISSIONER
The Commissioner of Parks, Recreation and Conservation for the County of Westchester.
WESTCHESTER COUNTY ENDANGERED SPECIES LIST
The list of endangered species, threatened species and species of special concern, prepared by the Westchester Commissioner pursuant to the Westchester Endangered Species Act, Act No. 54-2000, as amended, which Act is on file in the office of the Westchester County Clerk.

§ 566-3 Identifying endangered species, threatened species and species of special concern.

The Commissioner of Parks and Recreation, in consultation with the Westchester Commissioner and the New York State Department of Environmental Conservation Endangered Species Unit, shall compile a list of those endangered species, threatened species and species of special concern identified on the Westchester County Endangered Species List that have, as a portion of their habitat range, the Town of Greenburgh. The Town of Greenburgh Endangered Species List shall be filed with the office of the Town Clerk.

§ 566-4 Designation of critical habitats and biodiversity reserves.

The Commissioner of Parks and Recreation, in consultation with the Westchester Commissioner, the New York State Department of Environmental Conservation Endangered Species Unit, and the Parks and Recreation Advisory Board, may designate critical habitats and biodiversity reserves within parkland in the Town on the basis of the best scientific data available and after taking into consideration the short- and long-term recreational and economic impacts, and any other relevant impacts of so designating any particular area. No removal of plants or animals from these designated areas shall be permitted without the express written permission of the Commissioner of Parks and Recreation. The Commissioner of Parks and Recreation may decline to designate an area if he determines that the benefits of making such a designation are outweighed by other positive benefits to the Town of Greenburgh from not making the designation and provided further that, based on the best scientific data available, the failure to designate a particular area as a critical habitat or biodiversity area will not result in the extinction of a species.

§ 566-5 Removal of critical habitat or biodiversity reserve designation.

The Commissioner of Parks and Recreation, in consultation with the Westchester Commissioner, the New York State Department of Environmental Conservation Endangered Species Unit, and the Parks and Recreation Advisory Board, may remove the designation of a critical habitat or biodiversity reserve if one or more comparable critical habitat or biodiversity areas addressing the needs of the same species have been designated, if the benefit to the Town or alternate uses of the designated area outweigh the benefits of the designation of the particular area as a critical habitat or biodiversity area, and if the removal of the designation of the particular area will not result in the extinction of a species.

§ 566-6 Updating Greenburgh Endangered Species List.

The Commissioner of Parks and Recreation shall update the Greenburgh Endangered Species List at such times as the Westchester Endangered Species List is updated by the Westchester Commissioner.

§ 566-7 Standards for park management.

The Commissioner of Parks and Recreation, in consultation with the Westchester Commissioner, the New York State Department of Environmental Conservation Endangered Species Unit, and the Parks and Recreation Advisory Board, shall establish and implement standards for park management essential to the preservation of the physical or biological features of critical habitats and biodiversity reserves within Town parkland.

§ 566-8 Severability.

If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or its application to the person or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

§ 566-9 When effective.

This chapter shall take effect immediately.