[HISTORY: Adopted by the Town Board of the Town of Canandaigua 11-7-1973 (Ch. 11 of
the 1977 Code); amended in its entirety 3-7-2011 by L.L. No. 3-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also amended the title
of the chapter, formerly Environmental Conservation Commission.
This chapter shall serve to define the powers and duties of
the Environmental Conservation Board (hereinafter referred to as the
"ECB") previously created by the Town of Canandaigua pursuant to authority
in Article 12-F, §§ 239-x and 239-y of New York State
General Municipal Law.
[Amended 1-11-2016 by L.L. No. 1-2016]
A.
The
ECB shall consist of seven members to be appointed by the Town Board
for a term of five years.
B.
Vacancies
on the ECB 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.
[Amended 1-11-2016 by L.L. No. 1-2016]
At its annual organizational meeting, the Town Board shall designate a member of the ECB to act as Chairman thereof. The ECB shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities to be filed with the Town Clerk and shall file an annual report as provided in § 18-6 of this chapter.
All applications made to the Town Board, Zoning Board of Appeals
and the Planning Board for land development within any areas described
in the Open Space Index, as adopted by the Town Board, shall be referred
to the ECB for review and comment. Such referral shall occur once
the information and materials submitted by an applicant have been
deemed adequate by Development Office staff and/or the respective
board chair for placement on that board's agenda.
A.
Development
Office staff shall be responsible for ensuring timely referral of
said applications.
B.
At
their own discretion the Town Board, Zoning Board of Appeals and the
Planning Board may also refer to the ECB any other matter for review
and comment.
C.
At
their next regularly scheduled meeting after referral of an application,
the ECB shall review said application and cause all comments regarding
same to be forwarded to the referring board before the referring board's
next meeting.
D.
Comments
made by the ECB to referring agencies shall further the goals and
objectives as stated in the Town of Canandaigua Comprehensive Plan
and other related documents adopted by the Town Board.
E.
At
no time shall ECB referral and review delay the legally established
review process for an application.
Additional powers and duties of the ECB shall be to:
A.
Advise the Town Board on relevant matters and recommend to the Town
Board features, plans and programs as well as changes to local laws,
ordinances and the adopted Open Space Index.
B.
After receiving approval by resolution of the Town Board, develop
and conduct a program of public information in the community, which
may include preparation, printing and distribution of books, maps,
charts and pamphlets.
C.
Conduct studies, surveys and inventories of the natural and man-made
features within the Town of Canandaigua and such other studies and
surveys as may be necessary.
D.
Maintain, in the Town's Development Office, an up-to-date inventory
of all farmland, open spaces, and environmentally significant features
in the Town.
E.
Maintain communications with and seek to coordinate, assist and unify
the efforts of organizations, agencies, institutions and individuals
whose programs and activities have an impact on the quality of the
environment in the Town of Canandaigua or who can be of assistance
to the ECB. Such initiatives shall require approval by majority vote
of the ECB.
F.
Carry out such other duties as may be assigned from time to time
by the Town Board of Canandaigua.
The ECB shall submit an annual report to the Town Board not
later than the first day of January of each year concerning the activities
and work of the ECB and from time to time shall submit such reports
and recommendations as may be required.
Members shall maintain a minimum number of hours of training
annually as set forth by resolution of the Town Board.
Members of the ECB may be reimbursed for reasonable and necessary
expenses incurred in the performance of their duties within the appropriations
made available therefor and upon prior notice and approval by the
Town Board of any expenses to be incurred.
This chapter shall be deemed an exercise of the powers of the
Town of Canandaigua 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.
This chapter is enacted pursuant to the authority of Chapter
365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph
d of Subdivision 1 of § 10 of the Municipal Home Rule Law,
authorizing a town to adopt a local law which amends or supersedes
any provision of the Town Law in relation to the property, affairs
or government of the town or in relation to any of the other enumerated
subject matters in such § 10, unless there is a state legislative
restriction on such amendment or supersession. It is the intent of
the Canandaigua Town Board to supersede Article 12-F, §§ 239-x
and 239-y, of the General Municipal Law as it relates to the powers
and duties of the ECB.
