[HISTORY: Adopted by the Town Board of the
Town of New Paltz 9-25-2008 by L.L. No. 4-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Agriculture and open space preservation and acquisition — See Ch. 44.
Tree conservation — See Ch. 130.
Wetlands and watercourses — See Ch. 139.
[1]
This local law also repealed former Ch. 12,
Environmental Conservation Commission, adopted 6-14-1972 by L.L. No.
4-1972.
The preservation and improvement of the quality
of the natural and man-made environment within the Town of New Paltz,
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 of the Town of New Paltz.
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 a Conservation Board
is a necessary step in fostering unified action on environmental problems.
A.
The Town of New Paltz Environmental Conservation Commission
is hereby redesignated as the Town of New Paltz Environmental Conservation
Board (hereinafter referred to as the "Board" or "ECB") to assist
the Town of New Paltz in the development of sound open space planning
and to assure the preservation and protection of natural and scenic
resources.
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 the 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 Environmental Conservation Board for the Town
of New Paltz.
A.
The Environmental Conservation Board shall consist
of no fewer than five and no more than nine members, appointed by
the Town Board, who shall serve for terms of two years. Persons residing
within the Town of New Paltz who are interested in the improvement
and preservation of environmental quality shall be eligible for appointment
as members of the Environmental Conservation Board. Vacancies on the
Environmental Conservation Board shall be filled in the same manner
as the original appointment.
B.
Each member shall be entitled to one vote.
C.
Four of the initial nine appointments to the ECB shall
be made for a term of one year only, so as to create staggered terms
such that approximately 1/2 of the Board shall be considered for appointment
each year. Terms of office shall commence January 1 and expire December
31. Appointments made other than on January 1 shall be for the remaining
unexpired term of the member being replaced.
A.
The Environmental Conservation Board shall designate
a member of its group, upon approval of the Town Board, to act as
Chairman thereof. At the first meeting of the ECB, its members shall
also designate from among themselves a Recording Secretary.
The Board shall have the following powers and
duties:
A.
Those powers and duties set forth in General Municipal
Law § 239-y except as modified below.
B.
The Board shall review applications (such as, for
example, applications for rezoning, subdivision approval, site plan
approval, special approval, fill permits or variances) received by
the Town Board, Planning Board, Zoning Board of Appeals, or other
administrative body, which seek approval for the use or development
of any open area identified in the index and which application involves
property or a project that is:
(1)
A Type I action under the New York State Environmental
Quality Review Act (see Environmental Conservation Law § 8-0101
et seq.) and related regulations; or
(2)
Within or contiguous to a critical environmental area
or unique natural area designated by the appropriate governmental
entity; or
(3)
Within an Environmental Protection Overlay District
and requires a special approval from the Town Planning Board or a
variance from the Town Board of Appeals; or
(4)
Involves five or more acres of land; or
(5)
Would create five or more building lots; or
(6)
Would be reasonably anticipated (based on recognized
traffic generation guides) to create 50 or more vehicle trips per
peak hour.
D.
The Board shall exercise any of the functions and
responsibilities heretofore granted to the Environmental Conservation
Commission in the Town Board resolution that established said Commission.
E.
The Board shall perform any duties assigned to it
by resolution of the Town Board.
F.
The Board may request the assistance of the Department
of Environmental Conservation in the preparation of any report.
G.
The Board shall notify the Department of Environmental
Conservation of its establishment within 30 days of the adoption of
this chapter.
A.
The Chair of the Board shall be notified of all subdivision
proposals, and applications for rezonings, whether or not review is
required pursuant to the provisions above, within five days of receipt
of same by the Town of New Paltz Planning Department. In addition,
the Chair of the Board shall be notified of any other application
(special approvals, site plan approvals, variances, fill permits,
etc.) for which review of the Board is required by this chapter within
five days of receipt of same by the Planning Department or other appropriate
Town official.
B.
The Board, at its option, may decline to perform a
formal review on a specific project.
C.
The Board shall have at least 45 working days to complete
its review and shall submit a written report to the referring board
or entity at least five working days before a project is to be considered
by the applicable entity so that Board recommendations can be included
in the referral entity's mailing.
D.
Such report shall evaluate the proposed use or development
of the open area in the context of the open space index and the land
use planning objectives of the Town. The report may 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.
E.
A copy of every report shall be filed with the referring
board or entity and made available for public inspection at Town Hall.
F.
Adequate staff time will be allocated to the Board
to assist with the review. Such time will be determined by the Chair
of the referring entity with input from the Chair of the Board.
G.
Accurate summary records or minutes of the Board's
meetings and activities shall be kept and reported to the Town Board
as requested. Such records shall be made available to the public in
accordance with the New York State Freedom of Information Law (see
Public Officers Law § 84 et seq.) and any related local
laws and procedures.
The Environmental Conservation Board shall submit
an annual report to the Town Board concerning the activities and work
of the ECB and from time to time shall submit such reports and recommendations
as may be necessary to fulfill the purposes of this chapter.
The members of the Environmental Conservation
Board 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 chapter shall be deemed an exercise of
the powers of the Town of New Paltz 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.
