The Town of Ithaca Conservation Advisory Council
is hereby redesignated as the Town of Ithaca Conservation Board (hereinafter
referred to as the "Board") to assist the Town of Ithaca in the development
of sound open space planning and assure preservation and protection
of natural and scenic resources.
The Board shall have the following powers and
duties:
A. Those powers and duties set forth in General Municipal
Law § 239-y except as modified below.
B. The Board shall review applications (such as, for
example, applications for rezoning, subdivision approval, site plan
approval, special approval, fill permits or variances) received by
the Town Board, Planning Board, Zoning Board of Appeals, or other
administrative body, which seek approval for the use or development
of any open area identified in the Index and which application involves
property or a project that is:
(1) A Type I action under the New York State Environmental
Quality Review Act and related regulations; or
(2) Within or contiguous to a critical environmental area
or unique natural area designated by the appropriate governmental
entity; or
(3) Within an Environmental Protection Overlay District
and requires a special approval from the Town Planning Board or a
variance from the Town Board of Appeals; or
(4) Involves five or more acres of land; or
(5) Would create five or more building lots; or
(6) Would be reasonably anticipated (based on recognized
traffic generation guides) to create 50 or more vehicle trips per
peak hour.
C. The Board shall review any other applications that
involve land identified in the Index upon:
(1) The request of the Town Planner or Town Engineer and
the concurrence of the Chair of the Board; or
(2) The concurrence of the Chair of the Board and the
Chair of the entity receiving the application.
D. The Board shall exercise any of the functions and
responsibilities heretofore granted to the Conservation Advisory Council
in the February 12, 1990, Town Board resolution that established such
Council.
E. The Board shall perform any duties assigned to it
by resolution of the Town Board.
F. The Board may request the assistance of the Department
of Environmental Conservation in the preparation of any report.
G. The Board shall notify the Department of Environmental
Conservation of its establishment within 30 days of the adoption of
this chapter.
[Amended 12-9-2002 by L.L. No. 10-2002]
A. The Board shall consist of no fewer than three members
and no more than nine members, appointed by the Town Board, who shall
serve for terms of two years. Any person residing within the Town
of Ithaca who is interested in the improvement and preservation of
environmental quality shall be eligible for appointment. Each member
shall be entitled to one vote. Approximately 1/2 of the initial
appointments to the Board shall be made for a term of one year only,
so as to create staggered terms such that approximately 1/2 of
the Board shall be considered for appointment each year. Terms of
office shall commence (except when filling vacancies occurring other
than on December 31) January 1 and expire December 31 following the
next January 1. Appointments made other than on January 1 shall be
for the remaining unexpired term of the member being replaced.
B. In addition, one or more associates may be appointed
by the Town Board. An associate shall be entitled to participate in
meetings, discussions, and activities of the Board, including its
committees, but shall not have the right to make, second or vote on
motions of the Board or committee of the Board. The number of associates,
if any, shall be determined by the Town Board. If appointments of
associates are made, the terms shall be as determined by the Town
Board but shall normally be for periods commencing January 1 and expiring
December 31 following the next January 1. Persons to be considered
for appointment as associates shall be nominated by a majority vote
of the entire Conservation Board. The rationale for having associates
appointed is to allow the Board to have the benefit volunteer assistance,
which would be encouraged and recognized by the honorary status of
associate. Associates would be distinguished from other concerned
citizens by their appointment as associates to the Board and their
participation in Board business either on a temporary basis, for a
specific project, or on a regular long-term basis.
[Amended 12-9-2002 by L.L. No. 10-2002]
The Board:
A. Shall receive staff and clerical assistance from the
Town as the Town Board, upon the advice of the Chair of the Conservation
Board and the Director of Planning, may determine to be necessary
or appropriate.
B. May adopt its own rules, regulations, or bylaws for
the conduct of its business provided that the same shall not be inconsistent
with the terms of this chapter and provided further that the same
shall be subject to the approval of the Town Board before they become
effective.
C. In order to accomplish its reviews, may create one
or more committees made up of at least three of its members to which
the function of reviewing development applications may be delegated.
The vote of a majority of the members of such duly constituted committee
shall be necessary to forward any reports or recommendations to any
referring entity.
[Amended 12-13-2021 by L.L. No. 15-2021]
The Town Board of the Town of Ithaca is authorized
to compensate the Town of Ithaca Conservation Board members (but not
associates) on the basis of a stipend per Conservation Board meeting
attended by such members.
This chapter shall be considered a resolution
of the Town Board for purposes of redesignation of the Conservation
Advisory Board to a Conservation Board pursuant to General Municipal
Law § 239-y. To the extent that any provision of General
Municipal Law § 239-x or 239-y is inconsistent with the
provisions of this chapter, the terms of this chapter are intended,
pursuant to Municipal Home Rule Law § 10 and other provisions
of law, to supersede those provisions insofar as they pertain to the
Conservation Board of the Town of Ithaca.