[HISTORY: Adopted by the Town Board of the Town of Gardiner 3-20-1984
by L.L. No. 2-1984 as Ch. 6 of the 1984 Code. Amendments noted where applicable.]
The preservation and improvement of the quality of the natural and man-made
environment within the Town of Gardiner, in the face of population growth,
urbanization, and technologic 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 require
forthright action by the governing body of the Town of Gardiner. It is recognized
that the biologic 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 working in
partnership with local and state officials and with various public and private
institutions, agencies, and organizations. Establishment of a commission for
conservation of the environment is a necessary step in fostering unified action
on environmental problems.
The Town Board of the Town of Gardiner hereby creates a commission which
shall be known as the "Town of Gardiner Commission for Conservation of the
Environment," hereinafter called the "Commission."
[Amended 6-6-2006 by L.L. No. 9-2006]
A.Â
The Commission shall consist of seven members appointed by the
Town Board who shall serve at the pleasure of the Town Board.
B.Â
The term of membership on the Commission shall be seven years,
with the possibility of reappointment. Notwithstanding the foregoing, members’
terms shall be so fixed that one member’s term shall expire at the end
of each year for seven consecutive years. Thereafter, each member shall be
appointed for a full seven-year term, with the intention that only one member’s
term shall expire each year. To the extent that the appointments and the terms
of office set forth herein are different from those set forth in General Municipal
Law § 239-x(3), and to the extent that said statute has application to
the Town of Gardiner Environmental Conservation Commission, this section is
intended to supersede General Municipal Law § 239-x(3), with respect
to the term of appointment.
C.Â
Persons residing within the Town of Gardiner who are interested
in the improvement and preservation of environmental quality shall be eligible
for appointment as members of the Commission. Vacancies on the Commission
shall be filled in the same manner as the original appointments, 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.
D.Â
The Town Board shall by resolution appoint a Chairperson of the
Commission during the Town Board’s organizational meeting. The Commission
shall make a recommendation to the Town Board of a member to serve as Chairperson.
The term of the Chairperson shall be two years, with the possibility of reappointment
E.Â
The Town Supervisor, Chairperson of the Planning Board, and Chairperson
of the Recreation Committee, as well as the Attorney for the Town and other
officials who may be hereinafter designated by the Town Board, shall be ex
officio members of the Commission.
The Town Board shall designate a member of the Commission to act as Chairman thereof. The Chairman will Be appointed for a nonrenewable two year term. At the first meeting of the Commission its members shall elect from among themselves a recording secretary. The Commission 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 § 16-6 of this chapter.
The powers and duties of the Commission shall be to:
A.Â
Advise the Town Board on matters affecting the preservation,
development, and use of the natural and man-made features and conditions of
the Town insofar as beauty, quality, biologic integrity, and other environmental
factors are concerned and, in the case of man's 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.
B.Â
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 solution.
C.Â
Conduct studies, surveys, and inventories of the natural
and man-made features within the Town of Gardiner and such other studies and
surveys as may be necessary to carry out the general purposes of this chapter.
D.Â
Maintain an up-to-date inventory or index of all 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 Commission
for their preservation and/or use.
E.Â
Seek to coordinate, assist, and unify the efforts of
private groups, institutions, and individuals within the Town of Gardiner
in accord with the purposes of this chapter.
F.Â
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 Commission.
G.Â
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 Gardiner 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.
H.Â
Prepare, print, and distribute books, maps, charts, and
pamphlets in accord with the purposes of this chapter.
I.Â
Obtain and maintain in orderly fashion maps, reports,
books and other publications to support the necessary researches of the Commission
into local environmental conditions.
J.Â
When authorized by resolution of the Town Board of the
Town of Gardiner, the Commission may accept by gift, grant, devise, bequest,
or otherwise, property both real and personal in the name of the Town of Gardiner,
as may be necessary to conserve and otherwise properly utilize open spaces
and other land and water resources within the boundaries of the Town of Gardiner.
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.
K.Â
Carry out such other duties as may be assigned from time
to time by the Town Board.
The Commission 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 Commission 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 Commission, 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
Gardiner 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 other public
corporation.
