2006 New York Code - Designation Of Council As Conservation Board

 
    §  239-y.  Designation of council as conservation board. 1. As used in
  this section, the following words and phrases shall have  the  following
  meanings:
    a.  "Open  area".  Any area characterized by natural scenic beauty or,
  whose existing openess, natural condition or present state  of  use,  if
  preserved,  would  enhance the present or potential value of abutting or
  surrounding development  or  would  establish  a  desirable  pattern  of
  development  or  would  offer  substantial conformance with the planning
  objectives  of  the  municipality  or  would  maintain  or  enhance  the
  conservation of natural or scenic resources.
    b.  "Conservation  open  areas  inventory". An inventory of open areas
  within the municipality with each such area  identified,  described  and
  listed according to priority of acquisition or preservation.
    c. "Conservation open areas map". A map or maps identifying open areas
  within  the municipality which are earmarked for preservation, including
  but not limited to open areas that are required to be set aside  out  of
  subdivision  plats,  publicly  owned open areas, open areas preserved by
  non-public organizations and open areas having conservation,  historical
  or scenic significance.
    d.  "Open  space  index".  The  conservation  open areas inventory and
  conservation open areas map after acceptance and approval by  the  local
  legislative body.
    2.  The local legislative body of any city, town or village, which has
  created a conservation advisory council may, by resolution,  redesignate
  such  council as a conservation board provided such council has prepared
  and submitted to the local legislative body the conservation  open  area
  inventory  and  map  which  are  accepted  and  approved  by  the  local
  legislative body as the open space index of the municipality.
    3. General powers and duties of conservation boards. To further assist
  a city, town or village in the development of sound open  area  planning
  and  assure  preservation  of  natural and scenic resources on the local
  level, a conservation board shall:
    a. Review each application received by the local legislative  body  or
  by  the  building  department,  zoning  board,  planning board, board of
  appeals or other administrative body, which seeks approval for  the  use
  or  development  of  any  open  area listed in the open space index. The
  conservation board shall submit a written report to  the  referral  body
  within forty-five days of receipt of such application. Such report shall
  evaluate  the  proposed  use or development of the open area in terms of
  the open area planning objectives of the municipality and shall  include
  the  effect  of  such  use  or development on the open space index.  The
  report shall 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.  A  copy  of  every
  report shall be filed with the legislative body;
    b.  Make  available  for  public  inspection  at  the  office  of  the
  conservation board copies of all such reports of the conservation board;
    c. Notify the department of environmental conservation of its creation
  within thirty days of the resolution of the legislative body;
    d. Perform any duties assigned to it by resolution of the  legislative
  body.
    4. In addition to the foregoing a conservation board may:
    a.  Exercise  any  of  the  functions  and responsibilities heretofore
  granted to conservation advisory councils;
    b.  Request  the  assistance  of  the  department   of   environmental
  conservation in the preparation of any report.