A.
A Conservation Advisory Council is created and shall be hereafter
known as the "Conservation Advisory Council of the City of Newburgh."
The Conservation Advisory Council is authorized to review materials
and make recommendations to appropriate agencies regarding the development,
management, and protection of the City's natural resources, designated
in the Natural Resource Inventory, including, but not limited to,
coastal resources, the City's drinking water sources, and City trees,
as well as make recommendations on the consistency of actions proposed
within the City's waterfront area according to LWRP policy standards
and conditions. The Conservation Advisory Council shall be charged
with the duties as set forth in this section.
B.
The City Council of the City of Newburgh is hereby authorized to
appoint seven persons to said Conservation Advisory Council, all of
whom shall be residents of the City of Newburgh. Of the members of
the Conservation Advisory Council first appointed, three shall hold
office for a term of one year and four for a term of two years from
and after their appointment. Their successors shall be appointed for
terms of two years from and after the expiration of the terms of their
predecessors in office. Members may be removed by the City Council
for cause and after public hearing. Vacancies shall be filled by the
City Council by appointment for the unexpired term.
C.
The City Council shall annually appoint one Conservation Advisory
Council member to serve as Chairperson of the committee. The current
Chair shall continue to serve until a replacement is appointed. The
members of the Conservation Advisory Council may recommend the Chairperson
to the City Council for its consideration.
D.
The Conservation Advisory Council may employ or retain such persons
or firms as may be needed as authorized by the City Council.
E.
The Conservation Advisory Council shall have the power to adopt rules
of procedure for the conduct of all business within its jurisdiction.
F.
The members of the Conservation Advisory Council shall serve without
compensation but may be reimbursed for reasonable and necessary expenses
incurred in the performance of their duties within the appropriations
made available therefor.
G.
The Conservation Advisory Council shall advise various City agencies
on greening the City's infrastructure and matters affecting the preservation,
development, and use of the lands listed in the Natural Resource Inventory
and shown on the Open Space Map and natural features and conditions
of such lands in the City insofar as aesthetics, quality, biologic
integrity, and other environmental factors are concerned, including,
in the case of human activities and developments, with regard to any
major threats posed to environmental quality, so as to enhance the
long-range value of the environment to the people of the City.
H.
The Conservation Advisory Council shall study problems and identify
the needs of the City of Newburgh in connection with stormwater management,
green infrastructure, sustainability and watershed protection. The
Conservation Advisory Council will also make recommendations to the
City Council as to desirable policy, promotion activities, and legislation
concerning urban forestry and a tree maintenance program.
I.
The Conservation Advisory Council shall develop and conduct a program
of public information in the community which shall be designed to
foster increased understanding of the nature of environmental problems
and issues and support for their solutions. The Conservation Advisory
Council shall include information regarding the selection, planting
and maintenance of trees within the corporate limits.
J.
The Conservation Advisory Council shall conduct studies, surveys
and inventories of the natural and man-made features within the City
to create a Natural Resource Inventory and Open Space Map using a
computer-based geographic information system (GIS) as may be necessary
to carry out the general purposes of this section.
K.
The Conservation Advisory Council shall maintain an up-to-date Natural
Resource Inventory and Open Space Map for the City of Newburgh.
L.
The Conservation Advisory Council shall be authorized to coordinate,
assist and unify the efforts of private groups, institutions and individuals
with the City in accord with the purposes of this section.
M.
The Conservation Advisory Council shall communicate and act as liaison
with public and private agencies and organizations of local, state
and national scope whose programs and activities have an impact on
the quality of the environment or who can be of assistance to the
Conservation Advisory Council.
N.
The Conservation Advisory Council shall obtain and maintain, in an
orderly, timely fashion, maps, reports, books and other publications
to support the necessary research of the Conservation Advisory Council
into local environmental conditions, in a space within a municipal
building with a designated phone number, mailbox, e-mail address,
access to a photocopy machine, printer, fax machine, scanner, and
a City computer configured with the City's GIS system.
O.
The Conservation Advisory Council shall further assist the City in
the development of sound environmental planning and ensure preservation
of natural and scenic resources on the local level throughout the
City and City-owned land as follows:
(1)
Review each proposed application for action by the City Council, Planning Board, and Zoning Board of Appeals which seeks approval for the use or development of open space and natural resources. In the event an application is located within the Local Waterfront Revitalization Area, the Conservation Advisory Council shall issue an advisory consistency recommendation in accordance with the LWRP policy standards and conditions set forth in § 159-5.3G. The Building Inspector shall not approve applications for sidewalk repair or replacement unless the applicant has obtained a recommendation from the Conservation Advisory Council.
(2)
Submit a written report promptly to the referral body after receipt
by the Conservation Advisory Council of such application, so that
the referral body will have the report prior to substantive consideration
of the application, but in no event later than 30 days after receipt
by the Conservation Advisory Council of such application. If the Conservation
Advisory Council fails to report within such thirty-day period, the
referring body may take final action on the proposed action without
such report. Such report shall evaluate the proposed use or development
of the open space in terms of the environmental planning objectives
of the City and shall include the effect of such use or development
on the City's environment. The report shall make recommendations as
to the most-appropriate use or development of the applicable open
space and may include recommendations of preferable alternative uses
consistent with open space conservation. A copy of every report shall
be filed with the City Council.
(3)
Make available for public inspection at the office of the Conservation
Advisory Council and on the City's website copies of all such reports
of the Conservation Advisory Council.
(4)
Nothing herein shall prevent the City Council or other City agency
or department from requesting advice from the Conservation Advisory
Council.
P.
Working in cooperation with the Planning Board, a designated member
of the Conservation Advisory Council shall attend Planning Board meetings
and provide to the Planning Board the Conservation Advisory Council's
recommendations concerning features, plans and programs relating to
environmental planning. The Conservation Advisory Council shall also
review industrial, commercial, institutional and subdivision proposals
for their environmental impact and similarly recommend to the City
Council appropriate and desirable changes in existing local laws and
ordinances relating to environmental conservation or recommend new
local laws and ordinances. When appropriate, the CAC shall provide
a similar function to other boards and agencies in the City of Newburgh.
Q.
The Conservation Advisory Council shall advise and make recommendations
to the Superintendent of Public Works as to:
(1)
The planting of new, pruning and removal of trees, including advice
on City infrastructure to maximize tree survival and minimize damage
to City and community property.
(2)
The type and kind of trees to be planted upon such municipal streets
or parts of municipal streets or in parks as are designated or requested.
(3)
Applications for the planting of shade or ornamental trees with the
purpose of populating the City of Newburgh with desirable tree types.
(4)
Proposed street or sidewalk reconstructions to recommend whether
such actions would result in the planting of new, replacement, or
removal of trees, to recommend whether such replacement and removal
is necessary and to recommend the type and kind of tree, if any, with
which such trees should be replaced.
(5)
Implementation and incorporation of a qualified Tree Maintenance
Program meeting state-funding requirements.
(6)
Funding and training opportunities for tree maintenance and plantings
and green infrastructure techniques.
R.
The Conservation Advisory Council shall hold regular and special
meetings at which the subject of trees and vegetation, urban forestry,
and green infrastructure, inasmuch as it relates to the City of Newburgh,
may be discussed by the Commissions, City officials and employees,
and all others interested in such programs.
S.
The Conservation Advisory Council may advise the Superintendent of
Public Works, the Engineering Department, and the Water Department
as to stormwater management relating to green infrastructure.
T.
The Conservation Advisory Council may act as an interested agency,
representative of the City's environmental concerns, by commenting
on actions outside of the City that may impact the City's drinking
water resources that are subject to SEQRA review. Notice of such action
shall be referred to the Conservation Advisory Council.
U.
The Conservation Advisory Council shall advise the City Manager,
the City Council and the Recreation Department with respect to the
maintenance of all parks, playgrounds, recreation fields, swimming
pools and other recreational facilities.
V.
The Conservation Advisory Council shall keep accurate records of
its meetings and actions and shall file an annual report with the
City Council on or before the 31st day of December of each and every
year. Once approved by the City Council, the annual report shall be
forwarded to the State Commissioner of Environmental Conservation.
