[HISTORY: Adopted by the Town Board of the
Town of Ithaca 4-12-1993 by L.L. No. 4-1993. Amendments noted where
applicable.]
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:
(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.
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.
A.
The Chair of the Board shall be notified of all subdivision
proposals, and applications for rezonings, whether or not review is
required pursuant to the provisions above, within five days of receipt
of same by the Town of Ithaca Planning Department. In addition, the
Chair of the Board shall be notified of any other application (special
approvals, site plan approvals, variances, fill permits, etc.) for
which review of the Board is required by this chapter within five
days of receipt of same by the Planning Department or other appropriate
Town official.
B.
The Board, at its option, with concurrence of the
Director of Planning, may decline to perform a formal review on a
specific project.
[Amended 12-9-2002 by L.L. No. 10-2002]
C.
The Board shall have at least 15 working days to complete
its review and shall submit a written report to the referring board
or entity at least five working days before a project is to be considered
by the applicable entity so that Board recommendations can be included
in the referral entity's mailing.
[Amended 12-9-2002 by L.L. No. 10-2002]
D.
Such report shall evaluate the proposed use or development
of the open area in the context of the Open Space Index and the land
use planning objectives of the Town. The report may 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.
E.
A copy of every report shall be filed with the referring
board or entity and made available for public inspection at Town Hall.
[Amended 12-9-2002 by L.L. No. 10-2002]
F.
Adequate staff time will be allocated to the Board
to assist with the review. Such time will be determined by the Director
of Planning with input from the Chair of the Board and the Chair of
the referring entity.
G.
Accurate summary records or minutes of the Board's
meetings and activities shall be kept and reported to the Town Board
as requested. Such records shall be made available to the public in
accordance with the New York State Freedom of Information Law[1] and any related local laws and procedures.
[1]
Editor's Note: See Public Officers Law § 84
et seq.
[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.
A.
The Town Board shall annually appoint from the total
membership of the Board a person to serve as Chair of the Board.
B.
The Board shall elect a Vice Chair who shall assume
the responsibilities of the Chair in the absence of the Chair.
C.
If both the Chair and Vice Chair are absent from a
meeting, the Board shall elect a temporary Chair to conduct such meeting.
[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.
