N.Y. General Municipal Law § 239-y: 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.