[HISTORY: Adopted by the Town Board of the Town of Lewiston 10-7-1991 by L.L. No. 5-1991 (Ch. 8C of the 1965 Code). Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 8C, Environmental Quality Review,
adopted 3-26-1979 by L.L. No. 2-1979, was repealed 10-7-1991 by L.L.
No. 6-1991.
The preservation and improvement of the quality of the natural
and man-made environment within the Town of Lewiston 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 Lewiston. It is recognized that
the biological integrity of 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Coastal waters and shorelands influenced by each other, including
transitional areas, freshwater marshes and meadows, hydrogeologic
systems related to coastal waters and all terrestrial areas which
have direct and immediate impact upon coastal waters and environments.
The coastal zone extends outward to the international boundary line
in the Niagara River and extends inland from the shoreland to the
extent necessary to control land uses which may have a direct and
immediate impact on coastal waters and environments.
That which results when either two natural environmental
situations or a natural environmental situation and a man-made development
are not capable of existing together in harmony, i.e., a natural or
man-made usage of land, air or water which is inconsistent with the
capability of the environment to sustain such activity without detrimental
environmental impact.
An event, occurrence or situation initiated or precipitated
by man which involves the alteration of land, air or water, resulting
in substantial impact on the environment.
Factual conditions which exist or occur in the environment
and which have been initiated or precipitated by natural events without
human intervention.
The Town Board of the Town of Lewiston hereby creates a conservation
advisory council which shall be known as the "Town of Lewiston Environmental
Commission" (hereinafter called the "Commission").
A.
The Commission shall consist of seven members who shall be appointed by the Town Board and the additional ex officio members as provided in Subsection B below. The term of office shall be one year for two of the appointed members, two years for two of the appointed members and three years for three of the appointed members of the initial Commission. All successive terms shall be for a period of three years. Persons residing within the Town of Lewiston 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. For persons hereunder appointed who take office before January 1, 1992, the period of time between the term and January 1, 1990, shall be added to the term of office.
B.
A liaison member from the Town Board, a member of the Planning Board,
a member of the Zoning Board of Appeals, the Zoning Enforcement Officer
and the Environmental Enforcement Officer shall be ex officio members
of the Commission. Ex officio members shall not be entitled to vote
at meetings of the Commission.
The Town Board shall annually appoint a member of the Commission to act as Chairman and Vice Chairman respectively thereof. The Commission shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 19-8 of this chapter. The Town Board shall provide a Clerk who shall be in attendance at all meetings to assist the Commission in its recordkeeping responsibilities.
The powers and duties of the Commission shall be to:
A.
Monitor the environment in a watchguard capacity and, if need be, investigate and report on any environmental incompatibilities or problems that might endanger the environment of the Town of Lewiston, its natural beauty or the well-being of its residents in accordance with § 19-7 of this chapter.
B.
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 quality, biological integrity, beauty and other environmental
factors are concerned. In the case of man's activities and developments,
advise on any major threats posed to the environment or to the people
of the Town.
C.
Conduct and maintain an inventory of the natural resources within
the Town of Lewiston.
D.
Maintain an up-to-date index of all open spaces, as defined in § 239-y
of the General Municipal Law, in public or private ownership within
the Town, including but not limited to natural landmarks, glacial
and other geomorphic or physiographic features; streams and their
floodplains, swamps, marshlands and other wetlands; unique biotic
communities; scenic and other open areas of natural or ecological
value. Such index shall include the ownership of and the present and
proposed uses of such open areas, so as to provide a base of information
for recommendations by the Commission for their preservation or use.
E.
Seek to coordinate and assist the efforts of private groups, institutions
and individuals within the Town of Lewiston in accord with the purposes
of this chapter.
F.
Maintain liaison and communications with public and private agencies
and community organizations whose programs and activities have an
impact on the quality of the environmental or who can be of assistance
to the Commission.
G.
Working 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 Lewiston and, similarly, recommend to the Town Board appropriate
and desirable changes in existing local laws and ordinances relating
to environmental and land use controls or recommend new local laws
and ordinances.
H.
Prepare, print and distribute books, maps, charts and pamphlets in
accord with the purpose of this chapter.
I.
Obtain and maintain in orderly fashion maps, reports, books and other
publications to support the research and investigation of the Commission
into local environmental conditions, such materials to be housed in
the Office of the Environmental Enforcement Officer.
J.
When authorized by resolution of the Town Board of the Town of Lewiston,
the Commission may accept, by gift, grant, devise, bequest or otherwise,
property, both real and personal, in the name of the Town of Lewiston,
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 Lewiston. 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.
K.
Carry out such other duties as may be assigned from time to time
by the Town Board and as may be permitted under the laws of New York
State.
L.
Exercise, without limitation, all such other powers as shall be vested,
from time to time, in conservation advisory councils under the laws
and regulations of the State of New York.
M.
Management of all aspects of coastal zone matters shall hereafter
be under the jurisdiction of this Commission.
A.
Upon its own initiation or upon the request of the Chairman, two
or more members of the Commission or the Town Board, the Commission
shall commence an investigation of possible environmental incompatibility
or problem and any possible avenues of remedy or resolution.
B.
In conducting such an investigation, the Commission shall commence,
as often as necessary, and may utilize, but not be limited to the
following:
C.
In addition to the evidence allowed by Subsection B above, the Commission may hold a hearing or hearings for the purpose of taking additional evidence. For this reason, the Commission may, with the advice and counsel of the Attorney for the Town, issue subpoenas to compel the attendance of witnesses and the production of books and documents and may also administer oath and compel witnesses to testify. The Commission, by resolution, shall designate one of its members to sign and issue subpoenas.
D.
In the event that the Commission determines to conduct a hearing or hearings pursuant to Subsection C above, the Commission shall give proper notice thereof, declaring the time and place of each such hearing, no less than 10 nor more than 15 days before each such hearing. Such notice shall be given by publication in the official newspaper and posted on the official Town signboard.
E.
Within a reasonable time, but in no event later than 90 days after
the initiation of the subject investigation, the Commission shall,
upon a vote of its members, render a written report and submit the
same to the Town Board. At the same time a copy of said report shall
be transmitted to any person who might be directly affected by said
report. Said report shall be based upon findings of facts and conclusions
derived from the above-referenced evidence and testimony, shall discuss
the environmental incompatibility of the subject situation and conclude
with recommendations for a possible remedy or resolution of the incompatibility.
Upon rendering its decision, the Commission may cause notice thereof
to be given through publication in the official newspaper and posting
on the official signboard of the Town. Said notice shall indicate
the decision of the Commission and provide a capsule summary of the
reasons underlying such decision.
F.
If the Commission renders a report and recommendation which adversely affects any person directly involved with the subject environmental incompatibility, the owner or said person or his agent shall have 10 days after issuance of the Commission report and recommendation to file an appeal with the Town Board of the Town of Lewiston. Such Board shall consider no facts beyond those contained in the materials considered pursuant to Subsections B and C above and the record of proceedings of the Commission and must render a decision within 30 days after filing of the appeal.
The Commission shall keep accurate records of its meetings and
actions and shall submit an annual report to the Town Board not later
than December 31 of each year, concerning the activities and work
of the Commission. From time to time, the Commission shall submit
such reports and recommendations as may be necessary to fulfill the
purpose of this chapter.
The members of the Commission, including ex officio members
other than full-time employees of the Town and elected public officials,
shall receive such compensation for their services as members of the
Commission as the Town Board, from time to time, shall deem appropriate
and shall be reimbursed for reasonable and necessary expenses incurred
in the performance of their duties within the appropriations made
available for the activities and operations of the Commission.
This chapter shall be deemed an exercise of the powers of the
Town of Lewiston to preserve and improve the quality of the natural
and man-made environment on behalf of the present and future inhabitants
of the Town. The chapter is not intended and shall not be deemed to
impair the powers of any other public corporation.
