[Adopted 12-17-1970 by L.L. No.
4-1970 as Ch. 20 of the 1980 Code]
The preservation and improvement of the quality
of the natural and man-made environment within the Town of Wheatland,
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 Wheatland. 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.
[Amended 7-10-1980 by L.L. No. 5-1980[1]]
Pursuant to § 239-y of the General
Municipal Law, there shall be a Conservation Board, hereinafter "Board,"
in and for the Town of Wheatland.
[1]
Editor's Note: This local law also provided
that the term "Commission" be changed to "Board" throughout this article.
A.
The Board shall consist of three members who shall
serve at the pleasure of the Town Board. Persons residing within the
Town of Wheatland who are interested in the improvement and preservation
of environmental quality shall be eligible for appointment as a member
of the Board. Vacancies on the Board shall be filled in the same manner
as the original appointment, except that a vacancy occurring other
than by the expiration of term of office shall be filled only for
the remainder of the unexpired term. One such member of the Board
may be between the ages of 16 and 21 years. Terms of office of all
members shall be two years. The Chairman shall be appointed for a
term of two years.
[Amended 7-10-1980 by L.L. No. 5-1980; 12-4-2003 by L.L. No.
4-2003]
B.
The Town Supervisor or any Town Board member, the
Chairman of the Planning Board, the Chairman of the Recreation and
Cultural Commission and other officials that may be hereafter designated
by the Town Board shall be ex officio members of the Board.
[Amended 2-1-2007 by L.L. No. 1-2007]
The Town Board shall designate a member of the Board to act as Chairman thereof. At the first meeting of the Board, its members shall elect from among themselves a recording secretary. The Board 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 § 5-6 of this chapter.
The powers and duties of the Board shall be
to:
A.
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, geologic 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.
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.
C.
Conduct studies, surveys and inventories of the natural
and man-made features within the Town of Wheatland and such other
studies and surveys as may be necessary to carry out the general purposes
of this article.
D.
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;[1] 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 Board for their preservation and/or use.
E.
Seek to coordinate, assist and unify the efforts of
private groups, institutions and individuals within the Town of Wheatland
in accord with the purposes of this article.
F.
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 Board.
G.
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 Master Plan of the
Town of Wheatland 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.
Prepare, print and distribute books, maps, charts
and pamphlets in accord with the purposes of this article.
I.
Obtain and maintain, in orderly fashion, maps, reports,
books and other publications to support the necessary researches of
the Board into local environmental conditions.
J.
When authorized by resolution of the Town Board of
the Town of Wheatland, the Board may accept, by gift, grant, devise,
bequest or otherwise, property, both real and personal, in the name
of the Town of Wheatland, 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 Wheatland. 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.
Review each application received by the Town Board
or by the Building Inspector, Planning Board, Board of Appeals or
other administrative officer or body which seeks approval for the
use or development of any open area listed in the open space index.
The Conservation Board shall submit a written report to the referral
officer or body within 45 days of receipt of such application. Such
report shall evaluate the proposed use or development of the open
area in terms of the open area planning objectives of the Town and
shall include the effect of such use or development on the open space
index. The report shall make recommendations as to the most appropriate
use or development of the open area and may include preferable alternative
use proposals consistent with open areas conservation. A copy of every
report shall be filed with the Town Board.
[Added 7-10-1980 by L.L. No. 5-1980]
L.
Carry out such other duties as may be assigned from
time to time by the Town Board.
[Amended 7-10-1980 by L.L. No. 5-1980]
The Board shall submit an annual report to the
Town Board, not later than December 31 of each year, concerning the
activities and work of the Board and, from time to time, shall submit
such reports and recommendations as may be necessary to fulfill the
purposes of this article.
The members of the Board, 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 article shall be deemed an exercise of
the powers of the Town of Wheatland to preserve and improve the quality
of the natural and man-made environment on behalf of the present and
future inhabitants thereof. This article is not intended and shall
not be deemed to impair the powers of any other public corporation.
