[HISTORY: Adopted by the Town Board of the Town of Phelps 7-21-1975
as Ch. 106 of the 1975 Code. Amendments noted where applicable.]
The preservation and improvement of the quality of the natural and man-made
environment within the Town of Phelps, 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 to require forthright
action by the government body of the Town of Phelps. 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 Commission for
Conservation of the Environment is a necessary step in fostering unified action
on environmental problems.
This chapter shall be deemed as exercise of the powers of the Town of
Phelps 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.
The Town Board of the Town of Phelps hereby creates a Commission which
shall be known as the "Phelps Commission for Conservation of the Environment,"
hereinafter called the "Commission."
A.
The Commission shall consist of five regular members
who shall be appointed by the Town Board and who shall serve at the pleasure
of the Town Board, for terms not to exceed two years each. Ex officio members
shall serve or may be appointed in addition thereto as hereinafter provided.
Persons residing within the Town of Phelps who are interested in the improvement
and preservation of environmental quality shall be eligible for appointment
as a member of the Commission. Vacancies on the Commission shall be filled
in the same manner as the original appointment except that a vacancy occurring
other than by the expiration of term of office shall be filled only for the
remainder of the unexpired term.[1]
B.
The Town Supervisor, members of the Town Board, the Chairman
of the Planning Board, the Town Attorney and other town officials that may
be hereafter designated by the Town Board shall be ex officio members of the
Commission.
The Town Board shall designate a member of the Commission to act as Chairman thereof. At the first meeting of the Commission, its members shall elect from among themselves a Recording Secretary. The Commission shall adopt rules and procedures for its meeting. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 11-6 of this chapter. A majority of the regular members of the Commission shall constitute a quorum, and only regular members shall have a vote on any matter before the Commission.
A.
The powers and duties of the Commission shall be to:
(1)
Advise the 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.
(2)
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.
(3)
Conduct studies, surveys and inventories of the natural
and man-made features within the Town of Phelps and such other studies and
surveys as may be necessary to carry out the general purpose of this chapter.
(4)
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
and unique 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 Commission for their preservation and/or use.
(5)
Seek to coordinate, assist and unify the efforts of private
groups, institutions and individuals within the Town of Phelps in accord with
the purposes of this chapter.
(6)
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 Commission.
(7)
Work 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 Master Plan of the Town
of Phelps 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.
(8)
Prepare, print and distribute books, maps, charts and
pamphlets in accord with the purposes of this chapter.
(9)
Obtain and maintain in orderly fashion maps, reports,
books and other publications to support the necessary researches of the Commission
into local environmental conditions.
(10)
Carry out such other duties as may be assigned from time
to time by the Town Board.
B.
When authorized by resolution of the Town Board of the
Town of Phelps, the Commission may accept by gift, grant, devise, bequest
or otherwise property both real and personal in the name of the Town of Phelps
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 Phelps.
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.
The Commission shall submit an annual report to the Town Board not later
than the first day of April of each year, concerning the activities and work
of the Commission 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 Commission, 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.
