The preservation and improvement of the quality
of the natural and man-made environment within the Town of New Paltz,
in the face of population growth, urbanization and technologic change,
with their accompanying demands on natural resources, are found to
be of increasing and vital importance to the health, welfare and economic
well-being of present and future inhabitants of the Town of New Paltz.
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 Town working in partnership with local and
state officials and with various public and private institutions,
agencies and organizations. Establishment of a Conservation Board
is a necessary step in fostering unified action on environmental problems.
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 (see Environmental Conservation Law § 8-0101
et seq.) 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 Environmental Conservation
Commission in the Town Board resolution that established said Commission.
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.
The Environmental Conservation Board shall submit
an annual report to the Town Board concerning the activities and work
of the ECB and from time to time shall submit such reports and recommendations
as may be necessary to fulfill the purposes of this chapter.
The members of the Environmental Conservation
Board 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 therefor.
This chapter shall be deemed an exercise of
the powers of the Town of New Paltz to preserve and improve the quality
of the natural and man-made environment on behalf of the present and
future inhabitants thereof. This chapter is not intended and shall
not be deemed to impair the powers of any other public corporation.