[HISTORY: Adopted by the Special Town Meeting of the Town of Topsham 5-24-2007,
Art. 18.[1] Amendments noted where applicable.]
As used in this chapter, unless the context indicates otherwise, the
following terms have the following meanings:
The Conservation Commission established pursuant to Chapter 10.
The Board of Selectmen for the Town of Topsham.
Conservation Commission, 30-A M.R.S.A. § 3261.
A.
A Conservation Commission shall be established which
shall consist of and be administered by 5 persons appointed by the Selectmen
for staggered three-year terms as authorized by 30-A M.R.S.A. § 3261.
The members must be legal residents of the Town of Topsham and shall serve
without compensation. The Commission shall annually elect a chair, a secretary
and a treasurer from among its members and shall adopt reasonable rules for
the conduct of its meetings. The decisions of the Commission shall be by majority
vote of those present and voting, and no business may be transacted without
a majority of the members present. The Commission shall keep accurate records
of its meetings and actions and shall file an annual work plan and property
inventory with the Selectmen.
B.
Neither a municipal officer nor a member of the Topsham
Planning Board may be a member of the Commission.
C.
In the event of a permanent vacancy, the Selectmen shall,
within 60 days of its occurrence, appoint a person to serve for the unexpired
term.
D.
Members may be removed by the Selectmen for cause. Excessive
absence from regular scheduled meetings shall be considered cause for removal.
The Commission:
A.
May acquire, as approved by the Selectmen and/or the municipal legislative body as appropriate, on behalf of the municipality, fee simple interests and any lesser interests, including conservation restrictions, development rights or easements, in any real property situated within the borders of the municipality, of the types set forth in § 10-4, including any improvements on that real property, provided that all purchases or acquisitions are consistent with the Town's Natural Areas Plan;
B.
May recommend to the Selectmen the acceptance of gifts
in the municipality's name for any of the Commission's purposes
and shall administer the gift for those purposes subject to the terms of the
gift;
C.
May recommend to the Selectmen the disposition of all
or any portion of the real property interests held by it, on behalf of the
municipality, subject to the Constitution of Maine to the extent applicable;
D.
May obtain such professional services as are necessary
in order to perform its duties;
E.
May maintain, manage and improve land and interests in
land held by it, on behalf of the municipality, in a manner which allows public
use and enjoyment consistent with the natural, historic and scenic resources
of the land, including planting, pruning, and cutting of trees and shrubs
to manage and enhance natural systems, constructing nature trails and associated
bridges and boardwalks, setting up bird nest boxes, and posting of nature
identification and trail signs;
F.
May, as delegated to it by the Selectmen, be responsible
for the care and superintendence of conservation lands and other properties
as designated by the Selectmen;
G.
May coordinate research into local land and water areas;
H.
May seek to coordinate the activities of conservation
bodies organized for similar purposes;
I.
May advertise, prepare, print and distribute books, maps,
charts, plans and pamphlets which in its judgment it deems necessary, utilizing
such funds as may be donated to the Town of Topsham, acquired through grants,
or appropriated by the Selectmen and the municipal legislative body for such
purposes;
J.
May maintain an inventory of all open areas, publicly
or privately owned, within the Town of Topsham, including marsh lands, swamps
and other wetlands for the purpose of obtaining information pertinent to proper
protection, development or use of such open areas;
K.
May recommend to the municipal officers or any municipal
body or board, or any body politic or public agency of the State of Maine,
a program for better protection, development or use of such open areas;
L.
May submit to the Selectmen annually a budget for all
expenses and projects. All expenditures authorized by the Commission must
be approved by the municipal legislative body through the budgetary process;
M.
May advise the Planning Board in regards to sensitive
natural areas in the Town of Topsham;
N.
May coordinate natural resource objectives and implementation
strategies as stated in the current adopted Comprehensive Plan.
Interests in land and other real property interests to be acquired and
held as part of the Commission on behalf of the Town of Topsham must be situated
within the boundaries of the municipality and may consist of any of the priority
conservation areas identified in the Town's Natural Areas Plan.
A.
The Commission shall retain any real property interest
acquired pursuant to this chapter predominantly in its natural, scenic or
open condition, except as otherwise provided in this chapter. Except upon
the approval of the Selectmen and, where appropriate, subject to the Constitution
of Maine or state law, the Commission shall not allow construction, excavation,
dumping or other acts or uses detrimental to the cultural, natural, scenic
or open condition of the land or water areas.
B.
The Commission shall recommend to the Selectmen any request
to use, improve, or dispose of any real property interest acquired by the
Commission in a manner otherwise prohibited by this section.
A.
The Commission shall file annually a work plan detailing
the goals and objectives for the Commission for the coming year. The work
plan shall also delineate all potential property or interest in property being
considered for acquisition.
B.
The Commission shall file annually a property inventory.
The inventory must show all real property interests then currently held by
the Commission, on behalf of the municipality, including a description of
the use of those interests, and all acquisitions, improvements, or dispositions
of all real property interests held by the Commission, on behalf of the municipality,
at any time during the year preceding each filing, including the reason for
that acquisition, improvement or disposition.
The Commission shall file with the Selectmen an open space, public access
and conservation plan, which shall be, as far as possible, consistent with
the Town's Comprehensive Plan and with any regional planning relating
to the area. The Commission may, from time to time, amend the plan. The Commission
shall actively seek comments from the Planning Board, the Selectmen, and the
general public at a public hearing before adopting a plan or revisions to
a plan.
