LL #02-1984TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW NO. 2, of 1984
A local law to establish a conservation advisory council for conservation
of the environment of the Town of Wappinger pursuant to Section 239-x of the
General Municipal Law.
WHEREAS it has been found necessary by the Town Board to preserve and
improve the quality of the natural and man-made environment within the Town of
Wappinger, because of population growth and changes and demands on natural
resources,
BE IT ENACTED, by the Town Board of the Town of Wappinger as follows:
Section 1. Legislative intent. The preservation and improvement of the
quality of the natural and man-made environment within the Town of Wappinger,
in the face of population growth, urbani?ation 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 Town of Wappinger. 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 working in partnership with local and state officials and
with various public and private institutions, agencies, and organizations.
Establishment of a conservation commission is a necessary step in fostering
unified action on environmental problems.
Section 2. Establishment of the commission. The Town Board of the Town
of Wappinger hereby creates a commission which shall be known as the Town of
Wappinger conservation advisory council hereinafter called the council.
Section 3. Membership
(1) The council shall consist of nine (9) members of which
seven (7) shall be appointed by the Town Board and who shall serve at the
pleasure of the Town Board and the remainder shall be ex -officio members as
provided herein. Persons residing within the Town of Wappinger who are
interested in the improvement and preservation of environmental quality
shall be eligible for appointment as a member of the council. Vacancies on
the council shall be filled in the same manner as the original appointment
except that a vacancy occuring other than by the expiration of term of
office shall be filled only for the remainder of the unexpired term.
(2) One or more members of the governing body, the chairman of
the planning board, superintendent of highways, chairman of recreation
commission, town attorney, or attorney to the town, and other officials that
may be hereafter designated by the Town Board shall be ex -officio members
of the council.
Section 4. Officers, meetings and committees The Town Board shall
designate a member of the council to act as chairman thereof. The council
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 section six of this local law.
Section 5. Powers and duties of the council. The powers and duties
of the council shall be to:
(1) 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 quality, biologic integrity, beauty and other
environmental factors are concerned. In the case of man's activities and
developments, advise on any major threats posed to environmental quality, so
as to enhance the long range value of the environment to the people of the town.
(2) 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.
(3) Conduct and maintain an inventory of the natural resources
within the Town of Wappinger.
(4) Maintain, as reasonable as possible, an up-to-date index
of all open spaces as defined in Section 239-y of the General Municipal
Law, in public or private ownership within the municipality, including but
not limited to natural landmarks, glacial geomorphic or physiographic
features; streams and their flood plains, swamps, marchlands, and other
wetlands; unique biotic communities; scenic and other open areas of natural
or ecological value. Such index shall include the ownership, present and
proposed uses of such open areas, so as to provide a base of information
for recommendations by the council for their preservation and/or use.
(5) Seek to coordinate, assist, and unify the efforts of private
groups, institutions, and individuals within the Town of Wappinger in accord
with the purposes of this local law.
(6) Maintain liaison and communications with public and
private agencies and organizations whose programs and activities have an
impact on the quality of the environment or who can be of assistance to the
council.
(7) 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
Wappinger and, similarly, recommend to the Town Board appropriate and desirable
changes in existing local laws and ordinances relating to environmental and
land use controls or recommend new local laws and ordinances.
(8) Prepare, print, and distribute books, maps, charts, and
pamphlets in accord with the purposes of this local law.
(9) Obtain and maintain as reasonably as possible 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 Town Board of the
Town of Wappinger, the council may accept by gift, grant, devise, bequest,
or otherwise, property both real and personal in the name of the Town of
Wappinger, as may be necessary to conserve and otherwise properly utilize
open spaces and other land and water resources within the boundaries of the
Town of Wappinger. 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 the Town Board.
Section 6. Reports. The council shall keep accurate records of its
meetings and actions and shall submit an annual report to the Town Board
not later than the thirty-first day of December of each year, concerning the
activities and work of the council. From time to time the council shall
submit such reports and recommendations as may be necessary to fulfill the
purpose of this local law.
Section 7. Compensation and expenses. The members of the council,
including ex -officio members, shall, upon resolution of the Town Board,
receive compensation for their services as members thereof. They may be
reimbursed for reasonable and necessary expenses incurred in the performance
of their duties withia the appropriations made available therefor.
Section 8. Construction. This local law shall be deemed an exercise
of the powers of the Town of Wappinger to preserve and improve the quality
of the natural and man-made environment on behalf of the present and
future inhabitants thereof. This local law is not intended and shall not
be deemed to impair the powers of any other public corporation.
Section 9. Effective date. This local law shall take effect
immediately.