[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.
