[HISTORY: Adopted by the Town Board of the Town of Greenburgh 8-22-2001
by L.L. No. 8-2001. Amendments noted where applicable.]
A.Â
Many of the parklands of the Town of Greenburgh contain
natural wildlife habitats, where endangered and threatened species and species
of special concern may exist. Recognizing that the protection of the natural
habitats of endangered species is critical to the protection of these species,
the Town wishes to protect the habitats of such wildlife located on Town parkland.
While other governmental entities, including the state and Westchester County,
have passed laws to protect endangered, threatened and species of special
concern, none of these initiatives will identify critical habitats or biodiversity
reserves on Town parkland.
B.Â
The Town Board hereby finds and declares that the preservation
of these species increases the quality of life of Town residents, enriching
the local natural environment, offers educational opportunities and is desirable
for the health, safety and welfare of Town residents. This legislation will
further these objectives by identifying and regulating those sites of Town
parkland inhabited by such species to ensure the perpetuation of such local
wildlife and plants.
As used in this chapter, the following words and terms shall have the
meanings indicated. The meanings of all other terms and words not specifically
defined shall be their generally accepted definition.
A specific geographical area of Town parkland or land managed by
the Town for park purposes, designated by the Commissioner of Parks and Recreation,
in consultation with the Parks and Recreation Advisory Board, which is occupied
by an endangered species, threatened species or species of special concern,
in which the overall management objective is to preserve the biological diversity
and ecosystem function for that specified and delineated area, and which will
contain one or more critical habitats plus a buffer zone for a specific species
and/or other species.
The Commissioner of Parks and Recreation for the Town of Greenburgh
or his designee.
A specific geographical area of Town parkland or land managed by
the Town for park purposes designated by the Commissioner of Parks and Recreation,
in consultation with the Parks and Recreation Advisory Board, which is occupied
by an endangered species, threatened species or species of special concern
and on which are found those physical or biological features essential to
the preservation of the species; and an area of Town parkland or land managed
by the Town for park purposes, designated by the Commissioner of Parks and
Recreation, in consultation with the Recreation Advisory Board, which, although
not occupied by an endangered species, threatened species or species of special
concern, nonetheless contains the physical or biological features essential
to the preservation of such species and is located in close proximity to a
geographical area which is occupied by such endangered species, threatened
species or species of special concern. Except as otherwise determined by the
Commissioner of Parks and Recreation, a critical habitat shall not include
the entire geographical area that can be occupied by an endangered species,
threatened species or species of special concern.
Any species which is in danger of extinction other than a species
of the Class Insecta determined by the Commissioner of Parks and Recreation
to constitute a pest whose protection under the provisions of this chapter
would present a risk to man.
The Endangered Species Unit of the New York State Department of Environmental
Conservation.
Any member of the animal kingdom, including, without limitation,
any mammal, fish, bird (including any migratory, nonmigratory, or endangered
bird for which protection is also afforded by treaty or other international
agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate,
and includes any part, product, egg, or offspring thereof, or the dead body
or parts thereof.
The list of endangered species, threatened species and species of special concern compiled by the Commissioner of Parks and Recreation from the Westchester County Endangered Species List pursuant to § 566-2 of this chapter.
The Town of Greenburgh Parks and Recreation Advisory Board.
Any member of the plant kingdom, including seeds, roots and other
parts thereof.
A geographical area in which a particular species of animal or plant
may be found, and relates to the distribution of that species. Within a range
an individual species will have specific habitat requirements (which include
breeding, feeding, natural protection, etc.).
Any subspecies of fish or wildlife or plants, and any distinct population
segment of any species of vertebrate fish or wildlife, which interbreeds when
mature.
Any native plant species or any native nonharvested fish or wildlife
species documented by scientific research and inventory to have a naturally
restricted range or habitat within the county that includes the Town and which
is at a low population level, and for which a risk of endangerment has been
documented by the Westchester Commissioner.
The geographical area of the Town of Greenburgh, unincorporated area.
The Commissioner of Parks, Recreation and Conservation for the County
of Westchester.
The list of endangered species, threatened species and species of
special concern, prepared by the Westchester Commissioner pursuant to the
Westchester Endangered Species Act, Act No. 54-2000, as amended, which Act
is on file in the office of the Westchester County Clerk.
The Commissioner of Parks and Recreation, in consultation with the Westchester
Commissioner and the New York State Department of Environmental Conservation
Endangered Species Unit, shall compile a list of those endangered species,
threatened species and species of special concern identified on the Westchester
County Endangered Species List that have, as a portion of their habitat range,
the Town of Greenburgh. The Town of Greenburgh Endangered Species List shall
be filed with the office of the Town Clerk.
The Commissioner of Parks and Recreation, in consultation with the Westchester
Commissioner, the New York State Department of Environmental Conservation
Endangered Species Unit, and the Parks and Recreation Advisory Board, may
designate critical habitats and biodiversity reserves within parkland in the
Town on the basis of the best scientific data available and after taking into
consideration the short- and long-term recreational and economic impacts,
and any other relevant impacts of so designating any particular area. No removal
of plants or animals from these designated areas shall be permitted without
the express written permission of the Commissioner of Parks and Recreation. The Commissioner of Parks and Recreation may decline
to designate an area if he determines that the benefits of making such a designation
are outweighed by other positive benefits to the Town of Greenburgh from not
making the designation and provided further that, based on the best scientific
data available, the failure to designate a particular area as a critical habitat
or biodiversity area will not result in the extinction of a species.
The Commissioner of Parks and Recreation, in consultation with the Westchester
Commissioner, the New York State Department of Environmental Conservation
Endangered Species Unit, and the Parks and Recreation Advisory Board, may
remove the designation of a critical habitat or biodiversity reserve if one
or more comparable critical habitat or biodiversity areas addressing the needs
of the same species have been designated, if the benefit to the Town or alternate
uses of the designated area outweigh the benefits of the designation of the
particular area as a critical habitat or biodiversity area, and if the removal
of the designation of the particular area will not result in the extinction
of a species.
The Commissioner of Parks and Recreation shall update
the Greenburgh Endangered Species List at such times as the Westchester Endangered
Species List is updated by the Westchester Commissioner.
The Commissioner of Parks and Recreation, in consultation with the Westchester
Commissioner, the New York State Department of Environmental Conservation
Endangered Species Unit, and the Parks and Recreation Advisory Board, shall
establish and implement standards for park management essential to the preservation
of the physical or biological features of critical habitats and biodiversity
reserves within Town parkland.
If any clause, sentence, paragraph, subdivision, section or part of
this chapter or the application to any person or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section or part of this chapter, or its application to the person
or circumstance directly involved in the controversy in which such order or
judgment shall be rendered.
This chapter shall take effect immediately.
