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HomeMy WebLinkAboutLL 04 of 1993 Conservation Board TOWN OF ITHACA LOCAL LAW NO. 4 OF THE YEAR 1993 A LOCAL LAW REDESIGNATING THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD Be it enacted by the Town Board of the Town of Ithaca as follows: Whereas, the Town of Ithaca Town Board established a Conservation Advisory Council in February 1990; and Whereas, Section 239-y of New York State General Municipal Law states "The local legislative body of any city, town or village, which has heretofore created a conservation advisory council may, by resolution, redesignate such council as a conservation board provided such council has prepared and submitted to the local legislative body the conservation open areas inventory and map which are accepted and approved by the local legislative body as the open space index of the municipality;" and Whereas, the Town Board of the Town of Ithaca accepted and approved the December 1992 Open Space Report prepared by the Conservation Advisory Council as the Town of Ithaca Open Space Index (the "Index") on December 7, 1992; and Whereas, the Town Board now desires to redesignate the Conservation Advisory Council as the Town's Conservation Board in accordance with Section 239-y of the General Municipal Law, with certain changes in powers and procedures as set forth below; THEREFORE,BE IT FURTHER ENACTED AS FOLLOWS: Section 1. Redesignation of Conservation Advisory Council as Conservation Board. 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. Section 2. Powers and Duties. The Board shall have the following powers and duties: a. Those powers and duties set forth in General Municipal Law Section 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: (i) A Type I action under the New York State Environmental Quality Review Act and related regulations; or (ii) Within or contiguous to a Critical Environmental Area or Unique Natural Area designated by the appropriate governmental entity; or -2- (iii) 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 (iv) Involves five or more acres of land; or (v) Would create five or more building lots; or (vi) Would be reasonably anticipated (based on recognized traffic generation guides) to create fifty or more vehicle trips per peak hour. C. The Board shall review any other applications that involve land identified in the Index upon (i) The request of the Town Planner or Town Engineer and the concurrence of the Chair of the Board; or (ii) 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 thirty days of the adoption of this local law. Section 3. Procedures Applicable to Review of Applications. 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 local law 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 Town Planner, may decline to perform a formal review on a specific project. C. The Board shall have at least 15 working days to complete its review and shall submit a written report to the referral entity at least 5 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. d. Such report shall evaluate the proposed use or development of the open area in the context -S- 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 Town Board and made available for public inspection at Town Hall. f. Adequate staff time will be allocated to the Board to assist with the review. Such time will be determined by the Town Planner 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 and any related local laws and procedures. Section 4. Membership. The Board shall consist of no less than three (3) members and no more than nine (9) members, appointed by the Town Board, who shall serve for terms of two (2) years. One member shall be the Town representative to the Tompkins County Environmental Management Council. 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 one half 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 one half 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. Section 5. Officers. 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 or Vice-Chair are absent from a meeting, the Board shall elect a temporary Chair to conduct such meeting. Section 6. Other Procedures and Reports. The Board shall a. Prepare necessary applications and reports to the appropriate agencies of New York State in order that the Town receive monetary reimbursement for Board activities, according to Part 636, Title 6,N.Y.S. Codes, Rules and Regulations. b. Receive staff and clerical assistance from the Town as necessary in the preparation of the above documents. C. Adopt its own rules, regulations, or bylaws for the conduct of its business provided that the -4- same shall not be inconsistent with the terms of this local law and provided further that the same shall be subject to the approval of the Town Board before they become effective. d. In order to accomplish its reviews, the Board may create one or more subcommittees made up of at least three of its members to which subcommittee the function of reviewing development applications may be delegated. The vote of a majority of the members of such duly constituted subcommittee shall be necessary to forward any reports or recommendations to any referring entity. Section 7. Compensation and Expenses. The members of the Board shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in performance of their duties within the appropriations made available therefor. Section 8. Town Board Resolution. This local law 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 Section 239-y. To the extent that any provision of General Municipal Law Sections 239-x or 239-y are inconsistent with the provisions of this local law, the terms of this local law are intended,pursuant to Municipal Home Rule Law 10 and other provisions of law, to supercede those provisions insofar as they pertain to the Conservation Board of the Town of Ithaca. Section 9. Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 10. Effective Date. This law shall take effect immediately.