[HISTORY: Adopted by the Town Meeting of the Town of Colchester 6-5-2003.
Amendments noted where applicable.]
Pursuant to the provisions of Connecticut General Statutes § 7-148(c)(2)(K),
the Town of Colchester (the Town) does hereby create a special fund, which
fund shall be known as the "Open Space Preservation Fund" (the fund), and
which fund shall not lapse at the end of the municipal fiscal year. The fund's
purposes shall be the preservation of open space or the acquisition of land
or interests in land for open space or for recreational or agricultural purposes
(the "open space purposes").
A.
In addition to such sums as may be appropriated by the
Town annually for deposit into the fund, the Town is authorized to and may
deposit into the fund all monies received by it, from whatever source, as
monetary gifts, grants or loans for open space purposes.
B.
Fees to the Town collected in lieu of any requirement
to provide open space, pursuant to Connecticut General Statutes §§ 8-25
and 8-25b, and as authorized by the Zoning and Planning Commission, pursuant
to the Town's Subdivision Regulations, shall be deposited into the fund.
C.
The fund shall be in the custody of the Town Treasurer
or other officer in charge of funds of the Town, and all or any part of the
monies in the fund may, from time to time, be invested in any securities in
which public funds may be lawfully invested. All income derived from such
investments shall be placed into the fund and become a part thereof. The monies
so invested shall at all times be subject to withdrawal from such investments
for use as, hereinafter set forth.
D.
No sums contained in the fund, including interest and
dividends earned upon said sums, shall be transferred to any other account
within the Town budget. No expenditures shall be made from the fund except
in accordance with the provisions of this chapter.
E.
The continuation of the fund shall be perpetual, notwithstanding
that from time to time the fund may be unfunded.
Expenditures shall be made from the fund only in accordance with the
following procedures and requirements:
A.
Expenditures from the fund shall be made exclusively
for acquisition costs, including but not limited to appraisal and closing
costs, of real property or of easements, interests or other rights therein,
the use of which shall be limited to open space purposes;
B.
Expenditures from the fund shall only be made for acquisitions that have been approved in accordance with the procedures set forth in § 92-4 below; and
C.
All expenditures from the fund shall conform to the Town's
general procedures with regard to the expenditure of municipal funds.
A.
The Conservation Commission is hereby designated to act
on behalf of the Town for the purpose of reviewing and recommending to the
Board of Selectmen acquisitions for open space purposes. Any person, including
other agencies and departments of the Town, may propose possible acquisitions
to the Conservation Commission for review. The Conservation Commission shall
request input on possible acquisitions from other agencies and departments
of the Town (such as the Parks and Recreation Department and the Zoning and
Planning Commission), as appropriate in each circumstance.
B.
The Conservation Commission shall recommend to the Board
of Selectmen the acquisition of any parcel or interest therein to be used
for open space purposes ("proposed acquisition"). The recommendation shall
describe the proposed use and include a comprehensive statement of the Conservation
Commission's evaluation of the proposed acquisition.
C.
If the Board of Selectmen approves a proposed acquisition,
it shall forward the Conservation Commission's recommendation for the
proposed acquisition to the Zoning and Planning Commission for a report pursuant
to Connecticut General Statutes § 8-24, and to the Board of Finance.
D.
Following action by the Board of Finance and the issuance
of the Zoning and Planning Commission's report, pursuant to Connecticut
General Statutes § 8-24, final action on the proposed acquisition
shall be taken by the Board of Selectmen or, if required by Town Charter,
by the Town Meeting.
