[HISTORY: Adopted by the Town Board of the
Town of Rosendale 5-10-1972 by L.L. No. 1-1972. Amendments noted where
applicable.]
The preservation and improvement of the quality
of the natural and man-made environment within the Town of Rosendale,
New York, 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 and to require
forthright action by the governing body of the Town of Rosendale.
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 of Rosendale, working in partnership
with local and state officials and with various public and private
institutions, agencies and organizations. Establishment of a commission
for conservation of the environment is a necessary step in fostering
unified action on environmental problems.
The Town Board of the Town of Rosendale hereby
creates a commission which shall be known as the "Town of Rosendale
Commission for Conservation of the Environment," hereinafter called
the "Commission."
A.
The Commission shall consist of nine members appointed
by the Town Board who shall serve at the pleasure of the Town Board.
Persons residing within the Town of Rosendale who are interested in
the improvement and preservation of environmental quality shall be
eligible for appointment as a member of the Commission. Terms of appointment
of the members of the Commission shall be as follows: Three members
shall be appointed for a term of five years; three members shall be
appointed for a term of four years; and three members shall be appointed
for a term of three years. All successive appointments shall be for
terms of three years. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by the Town Board by appointment for the
unexpired term.
[Amended 12-12-2007 by L.L. No. 7-2007]
B.
The Town Supervisor, Town Councilmen, Chairman of
the Planning Board, Commissioner of Public Works, Commissioner of
Parks and Recreation and other officials who hereafter may be designated
by the Town Board shall be ex officio members of the Commission.
The Town Board shall designate a member of the Commission to act as Chairman thereof. At the first meeting of the Commission, its members shall elect from among themselves a Recording Secretary. The Commission shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 7-6 of this chapter.
The powers and duties of the Commission shall
be to:
A.
Advise the Town Board on matters affecting the preservation,
development and use of the natural and man-made features and conditions
of the Town insofar as beauty, quality, biologic integrity and other
environmental factors are concerned and, in the case of man's activities
and developments, with regard to any major threats posed to environmental
quality, so as to enhance the long range value of the environment
of the people of the Town.
B.
Develop and, after receiving general approval by resolution
of the Town Board, 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.
C.
Conduct studies, surveys and inventories of the natural
and man-made features within the Town of Rosendale and such other
studies and surveys as may be necessary to carry out the general purposes
of this chapter.
D.
Maintain an up-to-date inventory or index of all open
spaces in public or private ownership within the municipality, including
but not limited to natural landmarks; glacial and other geomorphic
or physiographic features; streams and their floodplains, swamps,
marshlands and other wetlands; unique biotic communities; scenic and
other open areas of natural or ecological value; and of the ownership,
present use and proposed use of such open areas so as to provide a
base of information for recommendations by the Commission for their
preservation and/or use.
E.
Seek to coordinate, assist and unify the efforts of
private groups, institutions and individuals within the Town of Rosendale
in accord with the purposes of this chapter.
F.
Maintain liaison and communications 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 Commission.
G.
Working in cooperation with the Planning Board; recommend
from time to time to the Town Board features, plans and programs,
relating to environmental improvement, for inclusion in the master
plan of the Town of Rosendale and, similarly, recommend to the Town
Board appropriate and desirable changes in existing local laws and
ordinances relating to environmental control or recommend new local
laws and ordinances.
H.
Prepare, print and distribute books, maps, charts
and pamphlets in accord with the purposes of this chapter.
I.
Obtain and maintain in orderly fashion maps, reports,
books and other publications to support the necessary researches of
the Commission into local environmental conditions.
J.
When authorized by resolution of the Town Board of
the Town of Rosendale, accept by gift, grant, devise, bequest or otherwise
property both real and personal in the name of the Town of Rosendale,
as may be necessary to conserve or otherwise properly utilize open
spaces and other land and water resources within the boundaries of
the Town of Rosendale. Such real property may be accepted in fee for
land and water rights or as any lesser interest, development right,
easement, including conservation easement, covenant or other contractual
right including conveyance with limitations or reversions.
K.
Carry out such other duties as may be assigned from
time to time by the Town Board.
The Commission shall submit an annual report
to the Town Board not later than the first day of April of each year,
concerning the activities and work of the Commission 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 Commission, including ex
officio members, 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 Rosendale 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.
