The preservation and improvement of the quality of the natural
and man-made environment within the Town of Pompey 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 Town of Pompey. 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.
The Town Board of the Town of Pompey hereby creates a commission
which shall be known as the "Pompey Environmental Conservation Commission,"
hereinafter called the "Commission."
The Commission shall consist of nine members, all of whom shall
be residents of the Town of Pompey. The Town Board shall consider
geographical distribution, age, employment and special expertise in
maintaining a balance on the Commission of individuals with diversified
backgrounds and concerns willing to dedicate themselves to the preservation
and improvement of environmental quality of the Town of Pompey. The
Town Board shall initially appoint five members to a two-year term
and four members to a one-year term. Successors shall be appointed
for two-year terms commencing on the first day of January, except
when appointed to fill a vacancy in an unexpired term.
The Town Board shall designate a member of the Commission to act as Chairman. The Commission shall adopt rules and procedures for its meetings, shall keep accurate records of its meetings and activities and shall file an annual report as provided in §
21-6 of this chapter.
The powers and duties of the Commission shall be to:
A. Advise the Town Planning Board on matters affecting the preservation,
development and use of the natural and man-made features and conditions
of the Town of Pompey 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 threats
posed to environmental quality, so as to enhance the long-range value
of the environment to the people of the Town of Pompey.
B. Conduct studies, surveys and inventories of the natural and man-made
features within the Town of Pompey and such other studies and surveys
as may be necessary to carry out the general purposes of this chapter.
C. 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 plains, swamps
and marshlands, unique biotic communities and 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 Commission for their preservation
and/or use.
D. Seek to coordinate, assist and unify the efforts of private groups,
institutions and individuals within the Town of Pompey in accord with
the purposes of this chapter.
E. 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
which can be of assistance to the Commission.
F. Advise the Town Planning Board concerning features, plans and programs
relating to environmental improvement for inclusion in the Master
Plan of the Town of Pompey and recommend to the Town Board appropriate
and desirable local legislation relating to environmental control.
G. Referral to county.
[Added 8-3-2009 by L.L. No. 2-2009]
(1) When the Town Planning Board refers any proposed action or matter
to the Onondaga County Planning Board pursuant to § 239-m
of the General Municipal Law, or when a proposed action or matter
does not require § 239-m referral but does require the Town
Planning Board to conduct SEQR review, the Town Planning Board shall
refer the same proposed action or matter to the Commission for review
and comment. The Commission shall recommend approval, modification,
or disapproval of the proposed action or matter or report that the
proposed action or matter has no significant environmental impact
on the Town of Pompey.
(2) The Commission shall have 30 days after receipt of a full statement of such proposed action or matter, or such longer period as may have been agreed upon by the Commission and the Town Planning Board, to report its recommendations to the Town Planning Board, accompanied by a statement of the reasons for such recommendations. If the Commission fails to report within such period, the Town Planning Board may take final action on the proposed action or matter without such report, subject to the provisions of Subsection
G(3) of this section.
(3) If the Commission recommends modification or disapproval of a proposed
action, the Town Planning Board shall not act contrary to such recommendation
except by a vote of a majority plus one of all the members thereof.
(4) Within 30 days after final action, the Town Planning Board shall
file a report of the final action it has taken with the Commission.
If the Town Planning Board has acted contrary to a recommendation
of modification or disapproval of a proposed action or matter, it
shall set forth the reasons for the contrary action in such report.
H. Carry out such other duties as may be assigned from time to time
by the Town Board of the Town of Pompey.
[Amended 8-3-2009 by L.L. No. 2-2009]
The Commission shall submit an annual report to the Town Board,
not later than the January meeting of the Town Board 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 shall receive compensation for
their services as members thereof, as determined and set by the Town
Board.
This chapter shall be deemed an exercise of the powers of the
Town of Pompey 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.
A quorum for meetings of the Commission shall require the attendance
of five members. The Commission shall be deemed to be a public body
for the purposes of Article 7 of the Public Officers Law.
Insofar as the provisions of this chapter are inconsistent with
the provisions of any other local law or article, the provisions of
this chapter shall be controlling.