[HISTORY: Adopted by the Town Board of the Town of Poestenkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1973 by L.L. No. 1-1973 (Ch. 11 of the 1986
Code)]
The preservation and improvement of the quality of the natural
and man-made environment within the Town of Poestenkill, in the face
of the 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 require forthright
action by the government body of the Town of Poestenkill. 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 advisory
council is a necessary step in fostering unified action on environmental
problems.
The Town Board of the Town of Poestenkill hereby creates a council,
which shall be known as the "Town of Poestenkill Conservation Advisory
Council," hereinafter called the "Council," to advise in the development,
management and protection of its natural resources.
A.
The Council shall consist of seven members, who shall be appointed
by the Town Board and who shall serve at the pleasure of the Town
Board for terms of two years. One such member shall be the Chair,
who shall be appointed for one year and whose term as Chair will expire
each 31st day of December of the year he is appointed. Three members
shall be appointed at the beginning of each successive year for two-year
terms to end on the 31st day of December of the succeeding year, unless
they resign or their terms are reduced as a result of being named
Chair.
[Amended 6-14-1995 by L.L. No. 1-1995[1]]
B.
Persons residing within the Town of Poestenkill who are interested
in the improvement and preservation of environmental quality shall
be eligible for appointment as members of the Council.
C.
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.
The powers and duties of the Council shall be to:
A.
Conduct researches into the land area of the Town of Poestenkill.
B.
Seek to coordinate the activities of unofficial bodies organized
for similar purposes and cooperate with other official municipal bodies
active in the area of community planning for the Town of Poestenkill.
C.
Advertise, prepare, print and distribute books, maps, charts, plans
and pamphlets which the Council deems necessary for its work, in accord
with the purposes of this article.
D.
Keep an inventory and map as defined in § 239-y of the
General Municipal Law of all open areas within the Town, with the
plan of obtaining information pertinent to proper utilization of such
open lands, including lands owned by the state, any other municipality
within the state or by the Town of Poestenkill itself.
E.
Keep an inventory and map of all open marshlands, swamps and other
wetlands in a like manner, and may recommend to the Town Board of
the Town of Poestenkill a program for ecologically suitable utilization
of all such areas.
F.
When authorized by resolution of the Town Board of the Town of Poestenkill,
the Council may accept, by gift, grant, bequest or otherwise, money
or other personal property in the name of the Town of Poestenkill
for use in furtherance of this article.
G.
Make written recommendation to the Town Board that the Town Board
acquire, by purchase in fee or any lesser interest, through negotiation
or by condemnation, such real or personal property as may be needed
to fulfill the purposes of this article. Such real property may be
accepted in fee or any lesser interest, including conveyance with
limitations or reversions, for the purposes of this article.
H.
Request the Department of Environmental Conservation to assist the
Council in carrying out its functions, powers and duties by:
(1)
Preparing reports outlining objectives, priorities and proposed relationships
of the Council to the Town Board.
(2)
Preparing a description of work to be undertaken, advantageous techniques
to be used and suggested roles of Council members.
(3)
Providing research on conservation facts and procedures.
(4)
Providing, 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 Town Board.
(5)
Describing particular areas of natural resources within the Town
of Poestenkill which require particular attention by the Council.
I.
Carry out such other duties, tasks or responsibilities, consistent
with the purposes of this article, as may be assigned from time to
time by resolution of the Town Board.
J.
Assist the Town Board of the Town of Poestenkill with recycling programs in the Town. The Council
shall monitor both the residential recycling program and also the
recycling practices used in Town buildings and facilities. The Council
shall perform research and make recommendations on improving and making
cost-efficient recycling in the Town of Poestenkill.
[Added 6-14-1995 by L.L. No. 1-1995]
[Amended 6-14-1995 by L.L. No. 1-1995]
The Council shall submit an annual report to the Town Board
on or before the 31st day of March for the previous year concerning
the activities and work of the Council and, from time to time, shall
submit such reports and recommendations as may be necessary to fulfill
the purposes of this article. A copy of said annual report, once approved
by the Town Board, shall be forwarded by the Town Board to the State
Commissioner of Environmental Conservation.
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 therefor.
This article shall be deemed an exercise of the powers of the
Town of Poestenkill to preserve and improve the quality of the natural
and man-made environment on behalf of the present and future inhabitants
thereof and pursuant to § 239-x of the General Municipal
Law and § 10, Subdivision 1(ii)a(11) of the Municipal Home
Rule Law. This article is not intended and shall not be deemed to
impair the powers of any other public corporation.
The Town Board shall send written notice to the State Commissioner
of Environmental Conservation within 30 days following the establishment
of the Council.
[Adopted 4-16-2009 by L.L. No. 2-2009]
This article shall be cited and may be hereafter referred to
as the "Alternate Planning Board and ZBA Members Act of the Town of
Poestenkill." It shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on the Planning
Board or Zoning Board of Appeals (ZBA) in the Town of Poestenkill.
It is sometimes difficult to maintain a quorum on the Planning
Board or Zoning Board of Appeals because of members becoming ill or
being away on business or vacation or because they have a conflict-of-interest
situation on a specific matter before their board. In such instances,
official business cannot be conducted, thereby delaying administrative
consideration and decisionmaking, and potentially jeopardizing adherence
to required time lines. It is the intent and purpose of this article
to authorize the use of alternate members in such instances pursuant
to the provisions herein set forth.
As used in this article:
An individual appointed by the Town Board of the Town of
Poestenkill to serve on the Planning Board or Zoning Board of Appeals
when a regular member is unable to participate on an application or
matter before the respective board, as provided herein.
An individual appointed by the Town Board of the Town of
Poestenkill to serve on the Planning Board or Zoning Board of Appeals
pursuant to the provisions of the ordinance or local law which first
established such Planning Board or Zoning Board of Appeals.
The Planning Board of the Town of Poestenkill as established
by the Town Board of the Town of Poestenkill pursuant to the provisions
of § 271 of the Town Law of the State of New York.
The Town Board of the Town of Poestenkill.
The Zoning Board of Appeals of the Town of Poestenkill, as
established by the Town Board of the Town of Poestenkill pursuant
to the provisions of § 267 of the Town Law of the State
of New York.
A.
The Town Board hereby enacts this article to provide a process for
appointing alternate members of the Planning Board and/or Zoning Board
of Appeals. Such alternate members would serve when members are absent
or otherwise unable to participate on an application or matter before
the respective board.
B.
Alternate members of the Planning Board and/or Zoning Board of Appeals
shall be appointed by resolution of the Town Board for a term of one
year. Any local law or rule limiting the succession of regular members
notwithstanding, any such alternate member may be reappointed annually
without limitation.
C.
The Chairperson of the Planning Board and the Chairperson of the
ZBA may designate an alternate member so appointed by the Town Board
to substitute for a regular member of said chairperson's respective
board when such member is unable to participate on an application
or matter before that board. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the board. Such designation shall be entered into the minutes of the
initial Planning Board or ZBA meeting at which the substitution is
made.
D.
All provisions of state law relating to planning board or zoning
board of appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
any local law or ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
This article is hereby adopted pursuant to the provisions of
New York Municipal Home Rule Law § 10 and New York Statute
of Local Governments Law § 10. It is the intention of the
Town Board, pursuant to New York Municipal Home Rule Law § 10,
to supersede the provisions of New York Town Law § 271 relating
to the appointment of members to town planning boards and New York
Town Law § 267 relating to the appointment of members to
town zoning boards of appeal.
