The preservation and improvement of the quality
of the natural and man-made environment within the Village of Honeoye
Falls, in the face of population growth, urbanization and technological
change, with their accompanying demands upon natural resources, are
found to be of increasing and vital importance to the health, welfare
and economic well-being of present and future inhabitants. This requires
forthright action by the governing body of the Village of Honeoye
Falls. 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 village working in partnership
with local and state officials and with various public and private
institutions, agencies and organizations.
As used in this chapter, the following words
and phrases shall have the same meanings as they are defined in § 239-y
of the General Municipal Law: "open area;" "conservation open areas
inventory;" "conservation open areas map;" and "open space index."
Pursuant to § 239-y of the General
Municipal Law, there shall be a Conservation Board, hereinafter "Board,"
in and for the Village of Honeoye Falls.
[Amended 12-17-2018 by L.L. No. 4-2018; 10-19-2020 by L.L. No. 2-2020]
A. Membership, terms, and appointments.
(1) The Conservation Board shall consist of five members appointed by
the Village Board.
(2) One of such members shall be appointed as Chairperson by the Mayor.
(3) Members of the Conservation Board must be residents of the Village
of Honeoye Falls.
(4) The terms of the members of the Conservation Board shall be five
years commencing April 1 of the year appointed, unless such appointment
is to fill an unexpired term of a previous member. The initial terms
of the members may be shorter than five years, so as to appropriately
stagger membership for the purposes of continuity.
(5) The Village Board and/or the Conservation Board shall appoint a Secretary
to the Board, and any additional clerks or other Village employees
it deems fit, serving at its pleasure, to assist the Conservation
Board.
B. Vacancy. If a vacancy occurs other than by expiration of term, the
Mayor shall appoint a new member for the unexpired term.
C. Alternate members. Two positions for alternate members may be created
in the event that a Conservation Board member is unable to serve because
of a conflict of interest or for any other reason.
(1) Such alternate Conservation Board members shall be appointed by the
Village Board, for a term of one year.
(2) The Conservation Board Chairperson may designate an alternate member
to substitute for a Conservation Board member when such member is
unable to participate due to a conflict of interest or is otherwise
unavailable to participate on an application or matter before the
Board, provided that the Village Board has appointed such alternate
member to the position of alternate member.
(3) When so designated, such alternate member shall have all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Conservation Board
meeting at which the designation occurred.
(4) All other provisions of law relating to Conservation Board member
training, and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal and service
on other boards shall also apply to alternate members.
D. Member training.
(1) Each member of the Conservation Board shall complete, at a minimum,
two hours of training each year designed to enable such members to
more effectively carry out their duties.
(2) Training received by a member in excess of two hours in any one year
may be carried over by the member into succeeding years in order to
meet the requirements of this subsection.
(3) Such training shall be approved by the Village Board and may include,
but is not limited to, training provided by a municipality, regional
or county planning office or commission, county planning federation,
state agency, statewide municipal association, college or other similar
entity.
(4) Training may be provided in a variety of formats, including, but
not limited to, electronic media, video, distance learning and traditional
classroom training.
E. Compensation. Compensation in an amount to be determined according
to the current fiscal year budget of the Village of Honeoye Falls
shall be paid to all members on an annual basis. Compensation is subject
to review by the Board of Trustees annually as part of the Village
budgeting process. The Village shall pay for any training of a member
and shall pay for travel and meals per the Village policy.
F. Conduct.
(1) The Conservation Board may adopt rules for the conduct of its business
consistent with statute and this chapter.
(2) All members are required to attend and take an active part in all
scheduled meetings. If a member is unable to attend a meeting, they
must notify the Chairperson of the Board so that an alternate member
can be called upon to attend.
(3) In the absence of a Chairperson, the Conservation Board may designate
a member to serve as acting Chairperson.
(4) The Conservation Board may seek recommendations from Village departments,
other boards, and other agencies, as it deems appropriate.
(5) To the extent necessary, the Conservation Board may hold public hearings
as required by this chapter and decisions shall be voted upon at public
sessions. The Conservation Board may otherwise hold executive sessions
in accordance with the NYS Open Meetings Law.
(6) The Conservation Board may provide for compensation to be paid to
experts, clerks, and a Secretary and provide for such other expenses
as may be necessary and proper, not exceeding the appropriation made
by the Village Board for such purpose.
G. Minutes. The Secretary of the Board shall keep minutes of all proceedings
before the Conservation Board and records of all decisions rendered.
H. Removal. The Village Board shall have the power to remove, after
public hearing, any member of the Conservation Board for cause. Any
Conservation Board member may be removed for noncompliance with minimum
requirements relating to meeting attendance and training as established
by local law and NYS Village Law.
The Village Board of Trustees shall designate a member of the Board to act as Chairman thereof. At the first meeting of the Board, its members shall elect from among themselves a recording Secretary. The Board shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities, and shall file and annual report as provided in §
16-6 of this chapter.
[Amended 12-17-2018 by L.L. No. 4-2018; 10-19-2020 by L.L. No. 3-2020]
The powers and duties of the Board are as follows:
A. Advise the Village Board of Trustees on matters affecting the preservation,
development and use of the natural and man-made features and conditions
of the Village insofar as beauty, quality, geologic integrity and
other environmental factors are concerned.
B. Develop and, after receiving general approval by resolution of the
Village Board of Trustees, 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.
C. Conduct any necessary or desirable studies, surveys and inventories
of the natural and man-made features within the Village of Honeoye
Falls and such other studies and surveys as may be necessary to carry
out the general purposes of this chapter.
D. Develop an open areas inventory and open areas map in public or private
ownership within the municipality, including, but not limited to,
natural landmarks, glacial and other geomorphic or physiographic features,
streams and their flood plans, 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 Board for the preservation and/or use of such
open spaces. Said inventory and map will be presented to the Village
Board of Trustees for its acceptance and approval. Following the Village
Board's approval, the inventory and map will be designated an
open spaces index and will be maintained and updated as necessary.
E. Seek to coordinate, assist and unify the efforts of private groups,
institutions and individuals with the Village of Honeoye Falls in
accord with the purposes of this chapter.
F. The Conservation Board shall serve as the Village Tree Council, as created by §
169-5.
G. Maintain liaison with public, private agencies and organizations
of local, state and national scope whose programs and activities have
an impact on the quality of the environment.
H. Work in cooperation with the Zoning Board of Appeals and recommend
to the Village Board appropriate and desirable changes in existing
local laws or new local laws relating to environmental controls.
I. Prepare, print and distribute books, maps, charts and pamphlets in
accord with the purposes of this chapter.
J. Obtain and maintain in orderly fashion maps, reports, books and other
publications to support the necessary researches of the Board into
local environmental conditions.
K. Recommend to the Village Board of Trustees that the Board accept,
by gift, grant, devise, bequest or otherwise, property, both real
and personal, in the name of Village of Honeoye Falls, as may be necessary
to conserve and otherwise properly utilize open spaces and other land
and water resources within the boundaries of the Village of Honeoye
Falls. 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
conveyances with limitations or reversions.
L. Review each application received by the Village Board of Trustees
or by the Building Inspector, Zoning Board of Appeals or other administrative
officer or body which seeks approval for the use or development of
any open area listed in the open space index. The Conservation Board
shall submit a written report to the referral office or body within
45 days of receipt of such application. Such report shall evaluate
the proposed use or development of the open area in terms of the open
planning objectives of the Village and shall include the effect of
such use or development on the open space index. The report shall
make recommendations as to the most appropriate use or development
of the open area and may include preferable alternative use proposals
consistent with open areas conservation. A copy of every report shall
be filed with the Village Board of Trustees.
M. Carry out such other duties as may be assigned from time to time
by the Village Board of Trustees.
The Board shall submit an annual report to the
Village Board of Trustees, not later than May 31 of each year, concerning
the activities and work of the Board and, from time to time, shall
submit such reports and recommendations as may be necessary to fulfill
the purposes of this chapter.
Members of the Board, including ex officio members,
shall receive no compensation for their services as members thereof
but, on approval of the Board of Trustees, may be reimbursed for reasonable
and necessary expenses incurred in the performance of their duties.