[HISTORY: Adopted by the Town Board of the Town of Rush 10-16-1972 by L.L. No. 5-1972. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from "Environmental Conservation Commission" to "Environmental Conservation Board" 8-11-2021 by L.L. No. 4-2021.
[Amended 8-11-2021 by L.L. No. 4-2021; 5-25-2022 by L.L. No. 3-2022]
The preservation and improvement of the quality of the natural and man-made environment within the Town of Rush, 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 Rush. 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 an Environmental Conservation Board is a necessary step in fostering unified action on environmental problems and in preserving natural beauty, environmentally sensitive features, and open space in the Town.
[Amended 8-11-2021 by L.L. No. 4-2021]
A. 
Pursuant to § 239-y of the General Municipal Law, the Town Board of the Town of Rush hereby creates a Conservation Board, hereinafter "Board," in and for the Town of Rush.
B. 
This chapter shall be considered a resolution of the Town Board for purposes of the redesignation of the Environmental Conservation Commission to an Environmental Conservation Board pursuant to General Municipal Law § 239-y. To the extent that any provision of General Municipal Law § 239-x or § 239-y is inconsistent with the provisions of this chapter, the terms of this chapter are intended, pursuant to Municipal Home Rule Law § 10 and other provisions of law, to supersede those provisions insofar as they pertain to the Board.
[Amended 5-24-1976 by L.L. No. 1-1976; 7-10-1979 by L.L. No. 4-1979; 8-11-2021 by L.L. No. 4-2021; 5-25-2022 by L.L. No. 3-2022]
The Board shall consist of five members who shall be appointed by the Town Board and who shall serve at the pleasure of the Town 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 a term of office shall be filled only for the remainder of the unexpired term. The first three members appointed shall hold office for a term of one year and the remainder shall hold office for a term of two years. Successors of all original appointees shall be appointed for terms of five years. No member of the Conservation Board shall be removed from service except by majority vote of the Town Board, based on just cause as determined by the Town Board following a public hearing. Procedures for removing a Conservation Board member prior to the expiration of their term will be equivalent to those utilized for removal of a member of the Planning Board and Zoning Board of Appeals.
[Amended 8-11-2021 by L.L. No. 4-2021; 5-25-2022 by L.L. No. 3-2022]
The Town Board shall appoint a member of the Board to act as Chair and Deputy Chair thereof. The Board shall adopt rules and procedures for its meetings.
[Amended 3-10-2004 by L.L. No. 3-2004; 8-11-2021 by L.L. No. 4-2021; 5-25-2022 by L.L. No. 3-2022]
The powers and duties of the Board shall be to:
A. 
Advise the Town Board, Planning Board, and Zoning Board of Appeals 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. 
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 Rush and such other studies and surveys as may be necessary to carry out the general purposes of this chapter.
D. 
Maintain an up-to-date inventory or index of all open spaces in public or private ownership within the Town, including but not limited to natural landmarks, glacial and other geomorphic 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 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 Rush in accord with the purposes of 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 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 Comprehensive Plan of the Town of Rush, 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 chapter.
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. 
Obtain and maintain in orderly fashion maps, reports, books and other publications to support the necessary research of the Board into local environmental conditions.
K. 
Review all applications that are submitted to the Town Board, Planning Board and the Zoning Board of Appeals, concurrent with the official reviews of the applications by those boards. The Conservation Board shall submit a written report to the appointed clerk of the referring board and make such report available to the Town Board within five days after their consideration of the application. The Conservation Board will also be responsible for review of environmental special permits with the Planning Board, as described in Chapter 100, Article III.
L. 
Carry out such other duties as may be assigned from time to time by the Town Board.
[Amended 8-11-2021 by L.L. No. 4-2021]
The Board shall submit an annual report to the Town Board, not later than the first day of February 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 chapter.
[Amended 8-11-2021 by L.L. No. 4-2021]
The members of the Board shall receive compensation for their services as members thereof in an amount as may be fixed by the Town Board, from time to time, in accordance with the requirements of Town Law § 27(1).
This chapter shall be deemed an exercise of the powers of the Town of Rush 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.