[HISTORY: Adopted by the Town Board of the Town of New Lebanon 2-8-2010 by L.L. No.
1-2010. Amendments noted where applicable.]
This chapter shall be entitled "A Local Law Establishing a Conservation
Advisory Council for the Town of New Lebanon."
This chapter is enacted on the basis of powers granted to the
Town pursuant to § 239-x of the General Municipal Law for
the creation of a local conservation advisory council.
The preservation and improvement of the quality of the environment
within the Town of New Lebanon (the "Town"), in the face of population
growth, urbanization and technologic change, along with the 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 that require forthright action by the Town
Board of the Town of New Lebanon (the "Town Board"). It is recognized
that the ecologic integrity of the natural environment on which humanity
is dependent for survival and the natural and functional beauty of
the surroundings which condition the quality of life in the Town 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. The Town Board, therefore, recognizes and supports
the need for the creation of a Conservation Advisory Council in order
to ensure the wise use of the Town's natural resources and the
enhancement and protection of its environment.
On the basis of powers granted to it in Article 12-F, § 239-x,
of the General Municipal Law of the State of New York, the Town of
New Lebanon hereby decrees the establishment of the Town of New Lebanon
Conservation Advisory Council, hereafter called the "Council," to
advise in the development, management and protection of the Town's
natural resources.
A.
Such
Council shall consist of not less than five members, one of whom may
be a youth member between the ages of 16 and 21, who shall be appointed
by the Town Board of the Town of New Lebanon and serve at the pleasure
of the Town Board for a term not exceeding two years. The Town Board
may, notwithstanding any inconsistent provision of law, in addition
to the Council membership, appoint up to two alternative members to
the Council, including one youth member between the ages of 16 and
21.
B.
The
Town Board shall designate a chairman of the Council from among the
members appointed to the Council. At the first meeting of the Council,
its members shall elect from among themselves a recording secretary.
C.
The
Town Board shall set the membership number of the Council by resolution.
D.
Persons
residing within the Town of New Lebanon and nonresidents who own property
within the Town of New Lebanon who are interested in the improvement
and preservation of environmental quality shall be eligible for appointment
as members of Council.
E.
Vacancies
on the Council 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.
F.
The
members of the Council 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 thereof.
The Council shall adopt rules and procedures for its meetings.
It shall keep accurate records of its meetings and actions and shall
file an annual report with the Town Board on or before the 31st day
of December of each and every year. Once approved, the Town Board
shall forward a copy of the report to the State Commissioner of Environmental
Conservation.
Within its advisory capacity, the Council shall have the responsibility
to:
A.
Provide
input, assistance, comments and recommendations regarding environmental
assessments and environmental impact statements for proposed actions.
B.
Advise
the Town Board on matters affecting the preservation, development
and use of the natural and physical features and conditions of the
Town insofar as beauty, quality, ecologic integrity and other environmental
factors are concerned and, in the case of human 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.
C.
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.
D.
Conduct
studies, surveys and inventories of the natural and physical features
within the Town and such other studies and surveys as may be necessary
to ensure the wise use of natural resources and to enhance and protect
the environment and otherwise to carry out the general purposes of
this chapter.
E.
Advertise,
prepare, print and distribute books, maps, charts, plans and pamphlets
which in its judgment it deems necessary for its work.
F.
Maintain
an up-to-date inventory or index of all open areas within the Town
in public or private ownership, including but not limited to natural
landmarks, 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 Council for their preservation and/or ecologically
suitable use.
G.
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 Council.
H.
Seek
to coordinate the activities of unofficial bodies organized for similar
purposes and cooperate with other municipal official bodies active
in the area of community planning.
I.
Working
in cooperation with the Town of New Lebanon 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 New Lebanon 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.
J.
Obtain
and maintain in an orderly fashion maps, reports, books and other
publications to support the necessary research of the Council into
local environmental conditions.
K.
When
authorized by resolution of the Town Board of the Town of New Lebanon,
accept, by gift, grant, devise, bequest or otherwise, property, both
real and personal, in the name of the Town as may be necessary to
conserve and otherwise properly utilize open spaces and other land
and water resources within the boundaries of the Town. 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.
L.
Carry
out such other duties as may be assigned from time to time by resolution
of the Town Board that are consistent with the objectives of this
chapter.
To assist the Council in carrying out its functions, powers
and duties, the Council may request the Department of Conservation
to:
A.
Prepare
reports outlining objectives, priorities and proposed relationships
of the Council to the local legislative body;
B.
Prepare
description of work to be undertaken, advantageous techniques to be
used and suggested roles of Council members;
C.
Provide
research on conservation facts and procedures;
D.
Provide,
on a consulting basis, technical and research assistance as may be
required to assist the Council in carrying out its work and to enable
the Council to offer recommendations to the local legislative body;
and
E.
Describe
particular areas of natural resources within the city, Town or village,
as the case may be, which require particular attention by the Council.
Within 30 days following the establishment of the Council, written
notification thereof shall be sent by the Town Board to the State
Commissioner of Environmental Conservation.
