[HISTORY: Adopted by the Town Board of the Town of Tusten
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
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.
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)]
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:
[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.
