[HISTORY: Adopted by the New Canaan Town
Council 3-19-2008, effective 4-11-2008. Amendments noted where applicable.]
There shall be a Conservation Commission of
five members who shall be electors of the Town. The members shall
serve without compensation and shall hold no other office of trust
or emolument in the Town government. Service on committees of the
Town government is not prohibited by this section, provided that such
service does not create a conflict of interest as defined in the Town's
Code of Ethics.[1] There shall be minority representation on the Commission
in accordance with Section 9-167a of the Connecticut General Statutes.
Within 30 days after this ordinance shall become
effective, the Board of Selectmen shall appoint the members of the
Commission. The initial term of two members shall be from the date
of appointment to the first day of December 2008, and the initial
term of three members shall be from the date of appointment to the
first day of December 2009. On or promptly after the first day of
December in even-numbered years, the Selectmen shall appoint two members
of the Commission, who, after qualification, shall hold office for
a term of two years from the first day of December and until their
successors have been appointed and shall have qualified. On or promptly
after the first day of December in odd-numbered years,
the Selectmen shall appoint three members of the Commission, who,
after qualification, shall hold office for a term of two years from
the first day of December and until their successors have been appointed
and shall have qualified.
On or promptly after the first day of December,
the Commission shall meet at the call of the First Selectman to choose
one of its members to be Chairman and one to be Secretary. The Chairman
shall, when present, preside at all meetings of the Commission, and
shall vote as a member thereof. The Secretary shall file in the office
of the Town Clerk a full and detailed record of all proceedings, acts,
and resolutions of the Commission, including the votes of each member
on all actions taken, and such record shall be a public record. Three
members shall constitute a quorum, and the concurrence of two votes
shall be necessary for the transaction of business.
The Commission shall have all of the powers,
duties and responsibilities vested in Conservation Commissions under
Section 7-131a of the Connecticut General Statutes, as now or hereafter
amended. Without limitation, these powers, duties and responsibilities
are as follows.
A.
The Commission shall do the following:
(1)
Keep an index of all open areas, publicly or privately
owned, including parks, woodland, undeveloped and underdeveloped land,
open marshlands, swamps and other wetlands, for the purpose of obtaining
information on the proper and potential use of such areas;
(2)
Conduct research into the utilization and possible
utilization of land areas in the Town of New Canaan;
(3)
Keep records of its meetings and activities; and
(4)
Make an annual report of its activities to the Town
Council.
B.
The Commission may do the following:
(1)
Coordinate the activities of unofficial bodies organized
for similar purposes;
(2)
Advertise, prepare and distribute books, maps, charts,
plans and pamphlets as necessary for its purposes;
(3)
Propose a greenways plan for inclusion in the plan
of conservation and development of the Town prepared pursuant to Section
8-23 of the Connecticut General Statutes;
(4)
Inventory natural resources and formulate watershed
management and drought management plans. Such plans shall be consistent
with water supply management plans prepared pursuant to Section 25-32d
of the Connecticut General Statutes;
(5)
Offer recommendations to the Planning,& Zoning Commission of plans and programs for the development and use of all areas indexed under Subsection A(1) above;
(6)
Offer recommendations to the Planning and Zoning Commission
and to the Environmental Commission regarding proposed land use changes
and regulation changes;
(7)
With the approval of the Town Council, acquire land
and easements in the name of the Town and promulgate rules and regulations,
including, but not limited to, the establishment of reasonable charges
for the use of such land and easements;
(8)
Supervise and manage park property, or portions thereof,
upon delegation of such authority by the Park and Recreation Commission,
provided the Park and Recreation Commission may resume exercising
its authority by resolution adopted at a duly noticed public meeting;
(9)
Supervise and manage Town property, or portions thereof,
other than parks, upon delegation of such authority by the entity
which has supervisory or management responsibilities for such space
or property, provided the delegating entity may resume exercising
its authority by resolution adopted at a duly noticed public meeting;
(10)
Receive monetary and other gifts in the name of the
Town for any of the Commission's purposes, and administer the same
for such purposes subject to the terms of the gift;
(11)
Exchange information with the State of Connecticut
Commissioner of Environmental Protection, and accept assistance from
the Commissioner in planning the Commission's overall program and
coordinating state and local conservation activities.
The Commission may advise and make recommendations
to the Planning and Zoning Commission and the Environmental Commission
regarding acceptance or rejection of open space designations or easements
in connection with land use applications pending before such other
commissions.
With the approval of the Town Council, the Commission
may acquire land and easements in the name of the Town, or receive
gifts, donations or devises of land, or other interests or rights
in land, including conservation easements, for any of the purposes
set forth under Sections 7-131a and 7-13lb of the Connecticut General
Statutes, as now or hereafter amended. Should the Conservation Commission
find it necessary or advisable to make a request for the acquisition
of land, or any interest or rights in land, including the acquisition
of conservation easements, for any of the purposes set forth under
the said Sections 7-131a and 7-131b of the Connecticut General Statutes,
and after approval thereof by the Planning and Zoning Commission,
it shall make a report relative thereof to the Board of Selectmen,
together with a request for an appropriation. When an appropriation
for such acquisition of land or interest or rights in land, including
the acquisition of conservation easements, shall have been made by
the Town, the Board of Selectmen shall have exclusive charge of the
appropriation in substantial accord with the purpose for which such
appropriation was made. If the carrying out of any such recommendation
makes necessary the condemnation of land, the Commission is authorized
to take such land within the limits of the Town by condemnation in
accordance with Section 7-131b of the Connecticut General Statutes.
The Commission may promulgate rules and regulations,
including, but not limited to, the establishment of reasonable charges
for the use of land and easements, for any of its purposes as set
forth in this ordinance. Such rules and regulations shall not become
effective unless they are approved by the Town Council.
Should any provision of this ordinance be declared
unlawful or ultra vires, such action shall not affect the validity
of any other provision or part thereof.
