Town of Ithaca, NY
Tompkins County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ithaca 4-12-1993 by L.L. No. 4-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 148.
Subdivision of land — See Ch. 234.
Zoning — See Ch. 270.
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.
The Board shall have the following powers and duties:
A. 
Those powers and duties set forth in General Municipal Law § 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:
(1) 
A Type I action under the New York State Environmental Quality Review Act[1] and related regulations; or
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(2) 
Within or contiguous to a critical environmental area or unique natural area designated by the appropriate governmental entity; or
(3) 
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
(4) 
Involves five or more acres of land; or
(5) 
Would create five or more building lots; or
(6) 
Would be reasonably anticipated (based on recognized traffic generation guides) to create 50 or more vehicle trips per peak hour.
C. 
The Board shall review any other applications that involve land identified in the Index upon:
(1) 
The request of the Town Planner or Town Engineer and the concurrence of the Chair of the Board; or
(2) 
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 30 days of the adoption of this chapter.
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 chapter 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 Director of Planning, may decline to perform a formal review on a specific project.
[Amended 12-9-2002 by L.L. No. 10-2002]
C. 
The Board shall have at least 15 working days to complete its review and shall submit a written report to the referring board or entity at least five 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.
[Amended 12-9-2002 by L.L. No. 10-2002]
D. 
Such report shall evaluate the proposed use or development of the open area in the context 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 referring board or entity and made available for public inspection at Town Hall.
[Amended 12-9-2002 by L.L. No. 10-2002]
F. 
Adequate staff time will be allocated to the Board to assist with the review. Such time will be determined by the Director of Planning 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[1] and any related local laws and procedures.
[1]
Editor's Note: See Public Officers Law § 84 et seq.
[Amended 12-9-2002 by L.L. No. 10-2002]
A. 
The Board shall consist of no fewer than three members and no more than nine members, appointed by the Town Board, who shall serve for terms of two years. 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 1/2 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 1/2 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.
B. 
In addition, one or more associates may be appointed by the Town Board. An associate shall be entitled to participate in meetings, discussions, and activities of the Board, including its committees, but shall not have the right to make, second or vote on motions of the Board or committee of the Board. The number of associates, if any, shall be determined by the Town Board. If appointments of associates are made, the terms shall be as determined by the Town Board but shall normally be for periods commencing January 1 and expiring December 31 following the next January 1. Persons to be considered for appointment as associates shall be nominated by a majority vote of the entire Conservation Board. The rationale for having associates appointed is to allow the Board to have the benefit volunteer assistance, which would be encouraged and recognized by the honorary status of associate. Associates would be distinguished from other concerned citizens by their appointment as associates to the Board and their participation in Board business either on a temporary basis, for a specific project, or on a regular long-term basis.
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 and Vice Chair are absent from a meeting, the Board shall elect a temporary Chair to conduct such meeting.
[Amended 12-9-2002 by L.L. No. 10-2002]
The Board:
A. 
Shall receive staff and clerical assistance from the Town as the Town Board, upon the advice of the Chair of the Conservation Board and the Director of Planning, may determine to be necessary or appropriate.
B. 
May adopt its own rules, regulations, or bylaws for the conduct of its business provided that the same shall not be inconsistent with the terms of this chapter and provided further that the same shall be subject to the approval of the Town Board before they become effective.
C. 
In order to accomplish its reviews, may create one or more committees made up of at least three of its members to which the function of reviewing development applications may be delegated. The vote of a majority of the members of such duly constituted committee shall be necessary to forward any reports or recommendations to any referring entity.
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.
This chapter 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 § 239-y. To the extent that any provision of General Municipal Law § 239-x or 239-y is inconsistent with the provisions of this chapter, the terms of this chapter are intended, pursuant to Municipal Home Rule Law § 10 and other provisions of law, to supersede those provisions insofar as they pertain to the Conservation Board of the Town of Ithaca.