§ 239-Y — Designation of council as conservation board

§ 239-y. Designation of council as conservation board. 1. As used in\nthis section, the following words and phrases shall have the following\nmeanings:\n a. "Open area". Any area characterized by natural scenic beauty or,\nwhose existing openess, natural condition or present state of use, if\npreserved, would enhance the present or potential value of abutting or\nsurrounding development or would establish a desirable pattern of\ndevelopment or would offer substantial conformance with the planning\nobjectives of the municipality or would maintain or enhance the\nconservation of natural or scenic resources.\n b. "Conservation open areas inventory". An inventory of open areas\nwithin the municipality with each such area identified, described and\nlisted according to priority of acquisition or preservation.\n c. "Conservation open areas map". A map or maps identifying open areas\nwithin the municipality which are earmarked for preservation, including\nbut not limited to open areas that are required to be set aside out of\nsubdivision plats, publicly owned open areas, open areas preserved by\nnon-public organizations and open areas having conservation, historical\nor scenic significance.\n d. "Open space index". The conservation open areas inventory and\nconservation open areas map after acceptance and approval by the local\nlegislative body.\n 2. The local legislative body of any city, town or village, which has\ncreated a conservation advisory council may, by resolution, redesignate\nsuch council as a conservation board provided such council has prepared\nand submitted to the local legislative body the conservation open area\ninventory and map which are accepted and approved by the local\nlegislative body as the open space index of the municipality.\n 3. General powers and duties of conservation boards. To further assist\na city, town or village in the development of sound open area planning\nand assure preservation of natural and scenic resources on the local\nlevel, a conservation board shall:\n a. Review each application received by the local legislative body or\nby the building department, zoning board, planning board, board of\nappeals or other administrative body, which seeks approval for the use\nor development of any open area listed in the open space index. The\nconservation board shall submit a written report to the referral body\nwithin forty-five days of receipt of such application. Such report shall\nevaluate the proposed use or development of the open area in terms of\nthe open area planning objectives of the municipality and shall include\nthe effect of such use or development on the open space index. The\nreport shall make recommendations as to the most appropriate use or\ndevelopment of the open area and may include preferable alternative use\nproposals consistent with open areas conservation. A copy of every\nreport shall be filed with the legislative body;\n b. Make available for public inspection at the office of the\nconservation board copies of all such reports of the conservation board;\n c. Notify the department of environmental conservation of its creation\nwithin thirty days of the resolution of the legislative body;\n d. Perform any duties assigned to it by resolution of the legislative\nbody.\n 4. In addition to the foregoing a conservation board may:\n a. Exercise any of the functions and responsibilities heretofore\ngranted to conservation advisory councils;\n b. Request the assistance of the department of environmental\nconservation in the preparation of any report.\n