[HISTORY: Adopted by the Town Board of the Town of Tusten as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 241.
Zoning — See Ch. 300.
[Adopted 10-8-2001 by L.L. No. 2-2001]
This article shall be known and may be cited as the "Alternate Planning Board and ZBA Members Act." This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board/Zoning Board of Appeals in the Town of Tusten.
It is sometimes difficult to maintain a quorum on the Planning Board/Zoning Board of Appeals because members are ill, on extended vacation or find they have a conflict-of-interest situation on a specific matter before such board. In such instances, official business cannot be conducted, which may delay or impede adherence to required time lines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Town Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Town Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board/Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Tusten as established by the Town Board by local law or ordinance pursuant to the provisions of § 271 of the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Tusten as established by the Town Board by local law or ordinance pursuant to the provisions of § 267 of the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Board of Tusten hereby enacts this article to provide a process for appointing alternate members to the Planning Board/Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective board.
A. 
Alternate members of the Planning Board/Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority, for a term of seven years for the Planning Board and five years for the Zoning Board of Appeals.
B. 
The Chairperson of the Planning Board/Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the 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/Zoning Board of Appeals meeting at which the substitution is made.
C. 
All provisions of state law relating to Planning Board/Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
[Amended 10-22-2018 by L.L. No. 2-2018]
This article is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:
A. 
Section 271 of the Town Law relating to the appointment of members to town planning boards; and
B. 
Section 267 of the Town Law relating to the appointment of members to town zoning boards of appeal.
[Adopted 9-13-2022 by L.L. No. 2-2022]
The title of this article shall be "Conservation Advisory Council."
On the basis of powers granted to it in Article 12-F, § 239-x, of the New York State General Municipal Law and § 10 of New York State Municipal Home Rule Law, the Town of Tusten hereby establishes the Town of Tusten Conservation Advisory Council, also referred to in this article as “the Council.” This article shall supersede any previous resolution, ordinance, or local law to establish a Conservation Advisory Council in the Town of Tusten.
The preservation and improvement of the quality of the natural environment and its connections and relationships with the developed landscape within the Town are of vital importance to the health, welfare, and economic wellbeing of present and future residents. The Town Comprehensive Plan (2021) recognizes important work accomplished by Tusten’s previous Conservation Advisory Council and recommends the reestablishment of the town’s Conservation Advisory Council. The Comprehensive Plan recommends the creation of an Open Space Plan, reinforcing and building upon the Natural Resources and Open Space Inventory (2011), which was led by the previous Conservation Advisory Council. The Comprehensive Plan also cites the significance of the Town’s ecologically sensitive resources and the need to preserve habitat continuity as well as to create recreational connections for future generations. These actions are consistent with county and state open space plans, and a Conservation Advisory Council is a critical component in advancing shared planning interests. The Town Board, therefore, recognizes and supports the need for the creation of a Conservation Advisory Council in order to help ensure the wise use of the Town's natural resources and the enhancement and protection of its environment.
A. 
Eligibility. Persons residing within the Town of Tusten and nonresidents who own property within the Town of Tusten who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as members of the Council.
B. 
Number of members and terms. Such Council shall consist of not less than three nor more than nine members appointed by the Town Board. Each member shall serve a two-year term, except during the initial appointment, at which time a portion of members shall be assigned one-year terms; thereafter, all shall be appointed to this Council for a term of two years. All terms shall expire on December 31 of each year.
C. 
Designation of Chairman and Recording Secretary. 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 or designate a nonmember as secretary.
D. 
Youth member. A youth member between the ages of 16 and 21 may be appointed to the Council, and this practice is encouraged.
E. 
Planning Board and Town Board members. One individual member of the Planning Board and one individual member of the Town Board may serve on the Council.
F. 
Alternate members. The Town Board may, in addition to appointing the Council’s membership, appoint up to two alternate members to the Council.
(1) 
In the event that a Council member is absent for any reason, an alternate member is hereby authorized to take the place of an absent CAC member.
(2) 
Alternate members of the Conservation Advisory Council shall be appointed by the Town Board for terms of one year, with the terms to expire on December 31 of each year.
G. 
Removal. The Town Board shall have authority to remove any member of said Council so appointed for cause, after a public hearing.
H. 
Vacancies. 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.
I. 
Compensation. 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 duties of the Council hereby created shall include the following, with the items in Subsections A through F more specifically outlined in § 239-x, Subsection 1, of the General Municipal Law; Subsection G, establishing a referral process with the Planning Board; and Subsections H through M being illustrative and descriptive of additional options that may further the purposes and effectiveness of the Council.
A. 
Conduct research into the land;
B. 
Coordinate and cooperate conservation and planning activities with unofficial and official bodies organized for similar purposes;
C. 
Advertise, prepare, and distribute information related to its work;
D. 
Keep an open space inventory and map and keep a wetland inventory and map;
E. 
File an annual report;
F. 
Carry out such other duties as may be assigned from time to time by the Town Board that are consistent with the objectives of this section;
G. 
Upon request and referral from the Town Planning Board, the Council shall review and provide advisory comments and recommendations on applications or matters affecting the preservation, development and use of natural and built features and conditions of the Town insofar as beauty, quality, historic value, biologic integrity, and other environmental factors are concerned. Such comments and recommendations may address potential threats posed to environmental quality or potential opportunities to enhance the long-range value of the environment to the people of the Town;
H. 
Recommend to the Town Board and/or the Zoning Review Committee appropriate and desirable amendments to existing or adoption of new land use local laws relating to environmental preservation and related topics;
I. 
Seek resources to support efforts of the Council through grant-writing, technical and professional assistance, and by building and coordinating partnerships with public agencies, nonprofit organizations, community volunteers, educational institutions, and private interests;
J. 
In cooperation with the Town Board, Planning Board, and supporting partners, undertake the development of an open space plan or an open space and recreation plan;
K. 
Participate in the process of amending or updating the Town Comprehensive Plan, as well as any appropriately related plans or efforts;
L. 
Appoint a liaison from the Council to maintain communications with the Town Board and the Planning Board by attending the meetings of these boards and providing updates of the Council’s current and projected activities; and
M. 
As appropriate, work with the Tusten Historical Society, the Tusten Energy Committee, the Tusten Youth Commission, the Narrowsburg Beautification Group and other entities on projects or other efforts related to joint interests in programming, education, grant seeking, and production and distribution of related information.
The Council shall adopt rules and procedures for its meetings and keep accurate records of its meetings and actions. The Council shall maintain in orderly fashion maps, reports, books and other publications to support the necessary research, planning, and activities of the Council. The Council 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.
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.
When authorized by resolution of the Tusten Town Board, the Council may accept by gift, grant, devise, bequest or otherwise property both real and personal in the name of the Town of Tusten, as may advance conservation interests, including those set forth in adopted plans of the Town of Tusten. 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.