[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington 12-18-1972; amended in its entirety 7-19-1976 by L.L. No. 2-1976. Subsequent amendments noted where
applicable.]
The preservation and improvement of the quality
of the natural resources within the Village of Irvington 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 require forthright
action by the governing body of the Village of Irvington. 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 Village working in partnership with local
and state officials and with various public and private institutions,
agencies and organizations. Establishment of a board for conservation,
development, management and protection of the natural resources is
a necessary step in fostering unified action on conservation problems.
The Board of Trustees (the "Board") hereby redesignates
the Irvington Conservation Advisory Council as a conservation board
which shall be known as the "Irvington Environmental Conservation
Board," hereinafter called the "ECB."
A.
The ECB shall consist of up to nine members, all of
whom shall be appointed by the Board and who shall serve at the pleasure
of the Board for terms of two years, and the remainder shall be ex
officio members as provided herein. Persons residing within the Village
of Irvington who are interested in the improvement and preservation
of natural resources shall be eligible for appointment as members
of the ECB.
B.
Vacancies on the ECB 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 for the
remainder of the unexpired term only.
C.
A member of the Board, the Chairman of the Planning
Board, the Village Attorney and other officials who may be hereafter
designated by the Board shall be ex officio members of the ECB.
The Board shall designate a member of the ECB to act as Chairman thereof. At the first meeting of the ECB, its members shall elect from among themselves a Recording Secretary. The ECB shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and file an annual report as provided in § 22-6 hereof.
The powers and duties of the ECB shall be to:
A.
Advise the Board on matters affecting the preservation,
development and use of the natural resources, features and conditions
of the Village of Irvington insofar as beauty, quality, biologic integrity
and other environmental factors are concerned.
B.
Develop and, after receiving general approval by resolution
of the Board, conduct a program of public information in the community
which shall be designed to foster increased understanding of the natural
resources of the Village and to aid in their preservation.
C.
Conduct studies, surveys and inventories of the natural
resources within the Village of Irvington and such other studies and
surveys as may be necessary to carry out the general purposes hereof.
D.
Maintain an up-to-date inventory or index of all open
spaces in public or private ownership within the Village, 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 ECB for their preservation
and/or use.
E.
Seek to coordinate, assist and unify the efforts of
private groups, institutions and individuals within the Village of
Irvington in accord with the purposes hereof.
F.
Maintain liaison and communications with public and
private agencies and organizations of local, state and national scope
whose programs and activities have impact on natural resources or
who can be of assistance to the ECB.
G.
Work in cooperation with the Planning Board, recommend
from time to time to the Board features, plans and programs relating
to natural resources for inclusion in the Master Plan of the Village
of Irvington and, similarly, recommend to the Board appropriate and
desirable changes in existing local laws and ordinances relating to
natural resources or recommend new local laws and ordinances.
H.
Prepare, print and distribute books, maps, charts
and pamphlets in accord with the purposes hereof.
I.
Obtain and maintain in orderly fashion maps, reports,
books and other publications to support the necessary researches of
the ECB into local natural resources.
J.
When authorized by resolution of the Board, accept
by gift, grant, devise, bequest or otherwise such property, both real
and personal, in the name of the Village of Irvington, as may be necessary
to conserve and otherwise properly utilize open spaces and other land
and water resources within the boundaries of the Village of Irvington.
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. If a purchase is involved,
the power to make such purchase, by negotiation or condemnation, is
vested in the Board. Purchases may be effected in accordance with
the provisions of existing laws as applicable to the Village.
K.
Review each application received by the Board, the
Building Inspector, Board of Appeals, Planning Board or any other
administrative body of the Village of Irvington, which seeks approval
for the use or development of any open area listed in the open space
index of the Village (the "index"). The ECB shall submit a written
report to the referral body within 30 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 Village
of Irvington and shall include the effect of such use or development
on the 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 Board.
L.
Make available for public inspection at the office
of the ECB copies of all such reports of the ECB.
M.
Notify the Department of Environmental Conservation
of the State of New York (the "Department") of its creation within
30 days of July 19, 1976.
N.
Periodically recommend to the Board revisions of the
index.
O.
Where, in its opinion, desirable, request the assistance
of the Department in the preparation of any report.
P.
Carry out such other duties as may be assigned from
time to time by the Board.
The ECB shall submit an annual report to the
Board not later than the 31st day of December of each year concerning
the activities and work of the ECB and from time to time shall submit
such reports and recommendations as may be requested or necessary
to fulfill the purposes hereof.
The members of the ECB, 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.
The enactment hereof as a local law shall be
deemed an exercise of the powers of the Board under § 239-x
and 239-y of the General Municipal Law to preserve and improve the
quality of the natural resources on behalf of the present and future
inhabitants thereof, and is not intended and shall not be deemed to
impair the powers of any other public corporation.
