[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 9-17-1979 by L.L. No. 3-1979, effective 10-15-1979. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Environmental Conservation
Law of the Incorporated Village of Sea Cliff."
The preservation and improvement of the quality of the natural and man-made
environment within the Incorporated Village of Sea Cliff, 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 require forthright action by the governing body of the Incorporated Village
of Sea Cliff. 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 Village 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 Board of Trustees of the Incorporated Village of Sea Cliff hereby
creates, pursuant to the provisions of Article 12-F of the General Municipal
Law of the State of New York, a commission which shall be known as the "Environmental
Conservation Commission of the Incorporated Village of Sea Cliff" (hereinafter
called the "Commission").
A.
The Commission shall consist of 15 members, of which
six shall be appointed by the Board of Trustees and who shall serve at the
pleasure of the Board of Trustees. The remainder shall be ex officio members
as provided herein. Persons residing within the Incorporated Village of Sea
Cliff who are interested in the improvement and preservation of environmental
quality shall be eligible for appointment as members of the Commission. The
first three members appointed shall hold office for a term of one year, the
second three members for a term of two years, and the successors of such six
initial appointees shall be appointed for full terms of two years, except
for vacancies occurring other than by the expiration of term of office. Vacancies
on the Commission shall be filled in the same manner as the original appointment,
except that a vacancy occurring other than by the expiration of term of office
shall be filed only for the remainder of the unexpired term.
B.
The Board of Trustees, the Chairman of the Planning Board,
the Chairman of the Zoning Board of Appeals, the Chairman of the Architectural
Review Board, the Building Inspector and other officials that may hereafter
be designated by the Board of Trustees shall be ex officio members of the
Commission.
A.
The Board of Trustees 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 keep accurate records of its meetings and activities and shall file an annual report as provided in § 8-7 of this chapter.
B.
The Commission is hereby authorized to adopt, promulgate,
amend and repeal rules and regulations governing its procedure and the transaction
of its business and for the purpose of fully implementing the provisions of
this chapter. Such rules and regulations, and any amendment thereto, shall
be subject to approval by the Board of Trustees and once approved shall be
made a part of this Code with the same force and effect as all other laws
of the Incorporated Village of Sea Cliff.[1]
A.
The powers and duties of the Commission shall be to:
(1)
Advise the Board of Trustees on matters affecting the
preservation, development and use of the natural and man-made features and
conditions of the Incorporated Village of Sea Cliff, 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 to the people of the Village.
(2)
Develop and, after receiving approval by resolution of
the Board of Trustees, 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.
(3)
Conduct studies, surveys and inventories of the natural
and man-made features within the Incorporated Village of Sea Cliff and such
other studies and surveys as may be necessary to carry out the general purposes
of this chapter.
(4)
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.
(5)
Seek to coordinate, assist and unify the efforts of private
groups, institutions and individuals within the Incorporated Village of Sea
Cliff in accord with the purposes of this chapter.
(6)
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.
(7)
Working in cooperation with the Planning Board, recommend
from time to time to the Board of Trustees features, plans and programs relating
to environmental improvement for inclusion in the Master Plan of the Incorporated
Village of Sea Cliff and, similarly, recommend to the Board of Trustees appropriate
and desirable changes in existing legislation relating to environmental control
or recommend new legislation.
(8)
When authorized by resolution of the Board of Trustees,
prepare, print and distribute books, maps, charts and pamphlets in accord
with the purposes of this chapter.
(9)
Obtain and maintain, in orderly fashion, maps, reports,
books and other publications to support the necessary researches of the Commission
into local environmental conditions.
(10)
When authorized by resolution of the Board of Trustees,
the Commission may accept, by gift, grant, devise, bequest or otherwise, property,
both real and personal, in the name of the Incorporated Village of Sea Cliff,
as may be necessary to conserve and otherwise properly utilize open spaces
and other land and water resources within the boundaries of the Village. 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.
(11)
Carry out such other duties as may be assigned from time
to time by resolution of the Board of Trustees.
The Commission shall submit an annual report to the Board of Trustees,
not later than the first day of March 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 Incorporated
Village of Sea Cliff to preserve and improve the quality of its natural and
man-made environment on behalf of the present and future inhabitants thereof.
It is not intended and shall not be deemed to impair the powers of any other
public corporation.