[HISTORY: Adopted by the Town Board of the Town of Cornwall 9-10-1973
by L.L. No. 2-1973; amended in its entirety 8-12-1996
by L.L. No. 2-1996. Subsequent amendments noted where applicable.]
The preservation and improvement of the quality of the natural and man-made
environment within the Town of Cornwall, 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 Cornwall. 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 of Cornwall
working in partnership with local and state officials and with various public
and private institutions, agencies and organizations. Establishment of a council
for the conservation of the environment is a necessary step in fostering unified
action on environmental problems.
The Town Board of the Town of Cornwall hereby creates the Cornwall Conservation
Advisory Council, hereinafter called the "Council."
A.
The Council shall consist of nine members who shall be
appointed by the Town Board and serve at the pleasure of the Town Board for
a term not exceeding two years. Present serving members of the Cornwall Conservation
Commission shall remain in office and the Council shall be organized at the
reorganization meeting of the Town Board in January of 1997 at which time
the Town Board will make the additional appointments to bring the Council
up to nine members. The Town Board shall designate the Chairperson of the
Council.
B.
Persons residing within the Town of Cornwall who are
interested in the improvement and preservation of environmental quality shall
be eligible for appointment as members of the Council. Vacancies on the Council
shall be filled for the unexpired term in the same manner as an original appointment.
C.
All terms of office shall commence on January 1 of the
appropriate calendar year and continue for two years except for initial appointments
of not more than four Council members, it being the intention that not more
than five terms shall expire on December 31 of any calendar year, to the extent
possible.
D.
The Town Board shall have authority to remove any member
of the Council for cause after a public hearing, if requested.
E.
The Town Supervisor, Town Planning Board Chairperson,
Superintendent of Public Works and Attorney for the town shall be ex officio
members of the Council.
The Council shall adopt rules and procedures for its meetings. It shall
keep accurate records of its meetings and activities and shall file an annual
report with the Town Board not later than the first day of January 1998 and
continuing thereafter annually, which said report shall list the activities
of the Council. From time to time the Council may submit such other reports
and recommendations as the Council may deem appropriate.
The powers and duties of the Council shall be to:
A.
Advise the Cornwall 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 of Cornwall.
B.
Develop and, after receiving general approval by resolution
of the Cornwall 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 Cornwall and such other studies and
surveys as may be necessary to carry out the general purposes of this chapter
following consultation with the Town Board to avoid duplication of efforts
and expense.
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;
other 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 Council 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 Cornwall in accord
with this chapter.
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 Council.
G.
Working in cooperation with the Planning Board, recommend
from time to time to the Cornwall Town Board features, plans and programs
relating to environmental improvement for inclusion in the Master Plan of
the Town of Cornwall; 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 accordance with the purpose of this chapter.
I.
Obtain and maintain in orderly fashion maps, reports,
books and other publications to support the necessary researches of the Council
into local environmental conditions.
J.
When authorized by resolution of the Cornwall Town Board,
the Council may accept, by gift, grant, devise, bequest or otherwise, property,
both real and personal, in the name of the Town of Cornwall, depending on
the boundaries in which the parcel resides, 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 Cornwall. Such real property may be accepted
in fee for land and water rights or as any lesser interest, development rights,
easement, including conservation easement, covenant or other contractual right,
including conveyance with limitations or reversions.
K.
Carry out such other duties as may be assigned from time
to time by the Cornwall Town Board.
All expenditures of the Council shall be subject to prior budgetary
approval by the Town Board, and subject to any procurement policy established
by the Town Board.
Whenever the Town Board serves as the lead agency in a State Environmental
Quality Review Act (SEQRA) Type I action, upon request of the Town Board,
the Council shall advise the Town Board on that matter. This shall be in addition
to the powers and duties of the Council set forth above.