[HISTORY: Adopted by the Conservation Commission of the Town
of Hampton 3-22-2011. Amendments noted where applicable.]
A.
The Hampton Conservation Commission shall consist of no fewer than
four and no more than seven members appointed by the Board of Selectmen.
B.
Alternate members, appointed by the Board of Selectmen, may serve
on the Conservation Commission as authorized by RSA 36-A:3.
C.
Except for the Planning Board's representative, all members
shall be appointed for three-year terms. Terms of office will be staggered
so that the terms of approximately 1/3 of the members will expire
each year.
D.
A vacancy occurring by other than term expiration shall be filled
for the unexpired term in the same manner as an original appointment.
E.
The Secretary (or designated Town employee) shall forward to the
Municipal Clerk, for recording, each Commission member's term
appointment and expiration dates.
F.
If a Commission member or alternate is unavailable to fulfill his/her
duties for three consecutive absences without timely notification,
the Commission may vote to send a letter to the member or alternate
inquiring as to his or her level of commitment. If appropriate, the
Commission may vote to send a letter to the Board of Selectmen asking
to appoint a new member in his or her place.
A.
Commission officers shall be elected at the March meeting by a majority
vote of the Commission. This meeting shall occur after the existing
members' terms are renewed and new members are appointed.
B.
The Commission officers and their duties shall be:
(1)
Chairperson. The Chairperson shall preside over all public meetings
and hearings; shall be the official spokesperson for the Commission;
and shall, with the assistance of the Secretary and Town staff, post
meeting notices, prepare an annual report, and perform other duties
customary to the office. The Chairperson shall vote in all cases where
s/he does not have a conflict of interest.
(2)
Vice Chairperson. The Vice Chairperson shall preside in the Chairperson's
absence and shall have the full powers of the Chairperson on matters
that come before the Commission during the Chairperson's absence.
(3)
Secretary. The Secretary (or designated Town employee) shall be responsible
for the maintenance of Commission minutes and records. The Commission
may retain a Recording Secretary whose records shall be reviewed by
the Commission for accuracy.
(4)
Conservation Coordinator. The Conservation Coordinator shall be hired
jointly by the Planning Board and the Conservation Commission and
will serve on the staff of the Planning Board. The Coordinator shall
serve as the interface between the Conservation Commission and the
Planning Board and between the Conservation Commission and those seeking
advice and/or Department of Environmental Services (DES) wetlands
or Hampton special permits.
A.
A Conservation Commission member will attend meetings regularly and
punctually. S/he shall notify the Chairperson, Coordinator or other
member in advance of a planned absence.
B.
A member shall not act as an individual in settling complaints registered
with the member but shall refer these complaints to the entire Commission.
C.
A member shall support the Commission and its decisions.
D.
A member shall not accept any favors or special privileges for himself/herself
or his/her family.
E.
Members shall excuse themselves from voting on any issue in which
a conflict of interest, either personal or professional, may exist.
A member shall not be a presenter of a dredge and fill application
before the Commission unless he or she steps down for an alternate.
A.
Conduct research into local land and water areas. (RSA 36-A:2)
B.
Keep an index of all open space and natural aesthetic or ecological
areas in Hampton, including marshlands, swamps, and other wetlands.
(RSA 36-A:2)
C.
Advise the Planning Board and other local bodies on conservation
matters. (RSA 36-A:2)
D.
Seek to coordinate the activities of unofficial groups involved with
the protection of natural or watershed resources. (RSA 36-A:2)
E.
Keep accurate records of Conservation Commission meetings and actions
and file an annual report. (RSA 36-A)
F.
Manage, protect, and properly utilize conservation land. (RSA 36-A:4)
G.
Intervene, investigate, and make recommendations on dredge and fill
permits filed with the New Hampshire Department of Environmental Services
(DES). (RSA 482-A)
H.
Review and make recommendations to the Planning Board on Town special
permit applications.
I.
Prepare reports and maps for local designation of prime wetlands.
(RSA 482-A:15)
J.
Receive, manage and control gifts of money and property for conservation
purposes, subject to approval of the local governing body and in the
name of Hampton. (RSA 36-A:4)
K.
Acquire, manage and control property or property rights for conservation
purposes, subject to approval of the local governing body and in the
name of the Town of Hampton. (RSA 36-A:4)
L.
Review and make recommendations to the Planning Board on sand and
gravel excavation permits. (RSA 155-E:3)
M.
Manage Town-owned conservation land and easements, including maintaining
an accurate inventory and periodic visits to those properties with
easements.
The Chairperson may from time to time appoint subcommittees
for any purpose deemed necessary. Each subcommittee shall report to
the Commission at each meeting or at such other times as may be requested.
A.
Regular meetings shall be held monthly at the Municipal Office Building
at 7:00 p.m., normally on the fourth Tuesday of each month. Additional
meetings or changes to the regular schedule shall be allowed by vote
of the Commission, provided that proper notice is given in accordance
with RSA 91-A:2.
B.
Nonpublic meetings shall be held only in accordance with RSA 91-A:3.
C.
A quorum shall be constituted if a least four members or alternates
are in attendance.
D.
A motion, duly seconded, shall be carried by an affirmative hand
vote of a majority of the members present.
E.
If any regular member is absent from a meeting or disqualifies him/herself
from sitting upon a particular application, the Chairperson may designate
one of the alternate members to sit in his/her place. Any sitting
alternate shall have all of the powers and duties of a regular member.
An alternate member sitting for a regular member may be asked to sit
for that matter until it is completed, so that the most knowledgeable
member and/or alternate is sitting in review, if possible. Only members
and alternates sitting during a motion may vote on a matter. If any
member finds it necessary to be disqualified from sitting upon a particular
case, the member shall notify the Chairperson as soon as possible
so that the Chairperson may request for an alternate to fill the place.
Either the Chairperson or the member shall announce the disqualification
before the discussion or the public hearing on the application begins.
The disqualified member shall leave the table until discussion or
action on the case is completed.
F.
If uncertainty arises as to whether a member should disqualify him/herself,
on the request of the member or the request of another member of the
Commission, the Commission shall vote on the question. Such request
and vote shall be made prior to or at the commencement of any required
public hearing. If the Commission votes to disqualify a member, the
Chairperson shall select an alternate to take his/her place.
The conduct of public hearings shall be governed by the following
rules:
A.
The Chairperson shall call the hearing in session.
B.
The applicant or agent shall present the application to the Commission.
C.
Members of the Commission may ask questions at any point during the
presentation.
D.
After all questions from the Commission have been answered, the Chairperson
shall open the public hearing. The Chairperson shall first acknowledge
for the record any correspondence received regarding the proposal,
then ask for questions or comments regarding the proposal from the
members of the public present at the meeting. Each person shall state
his or her name and address for record. All questions shall be directed
through the Chairperson. By majority vote of the Commission, the Commission
may limit each member of the public to a specific time allotment.
The vote shall be taken prior to the opening of the public hearing
and shall be binding for all persons from the public wishing to speak.
E.
Other parties, such as representatives of Town departments and other
Town boards and commissions, shall be allowed to present their comments
in person or writing.
F.
Once all questions and comments have been heard, the Chairperson
shall either close the public hearing to allow the Commission to take
some action or continue the public hearing to a specific date and
time.
G.
Once the public hearing is closed the Commission shall vote to recommend,
conditionally recommend, or not recommend within the time frames established
by state law.
H.
A majority vote may reopen the hearing.
A.
Nonpublic sessions are only allowed for specific exemptions detailed
in RSA 91-A. The exemption for land acquisition is RSA 91-A:3, II(d).
B.
The Conservation Commission may exclude the public only after passing
a motion stating the exemption relied upon for the nonpublic session.
The motion, duly seconded, must be carried by an affirmative, recorded,
roll-call vote of a majority of the members present.
C.
All discussion and decisions made during nonpublic session shall
be confined to the matters set out in the motion.
D.
Minutes of proceedings in nonpublic session shall be kept, and the
record of all actions shall be made available for public inspection
as outlined in RSA 91-A:3, III. If it is determined by a recorded
vote of 2/3 of the members present that divulgence of the information
would have an adverse affect (see RSA 91-A:3, III), information may
be withheld by sealing the minutes until (in the opinion of a majority
of members) the applicable circumstances no longer apply. In that
case, immediately after the nonpublic session, the Commission will
take a roll-call vote in public session to seal the minutes.
A.
The Commission may hold joint meetings and hearings with other land
use boards, including the Planning Board. Each board shall have discretion
whether or not to hold such joint meeting or hearing. (RSA 676:2)
B.
Joint business meetings with another local land use board may be
held at any time when called jointly by the Chairperson of the two
boards.
C.
The rules of procedure for joint meetings and hearings, the subject
matter of which involves the Commission, shall be the same as these
rules of procedure, except that the order of business shall be as
follows:
(1)
Call to order by Chairperson.
(2)
Introduction of members of both boards by Chairperson.
(3)
Explanation of reason for joint meeting/hearing by Chairperson.
(4)
In the case of a public hearing relative to a requested permit or
an application for a plan of approval, or both, the applicant shall
be called to present his proposal.
(5)
Adjournment.
D.
Each board involved in a joint public hearing shall make its own
decision, based on its criteria for the particular matter.
A.
Town special permit applications must be filed at the Town Planning
Office at least seven calendar days in advance of the Conservation
Commission meeting at which the application is to be reviewed by the
Commission.
B.
A site walk shall normally be scheduled for the Saturday before the
regular meeting. If inclement weather or unusual field conditions
(such as deep snow cover) prevent an adequate impact assessment, the
Commission may request an applicant to postpone action until an adequate
assessment can be made.
D.
The Commission shall provide a written recommendation to the Planning
Board no more than four business days following a meeting. A copy
of the recommendation letter shall be sent to the applicant or agent
and be available for public inspection in the Conservation Commission
office.
A.
Standard dredge and fill and Comprehensive Shoreland Protection Act[1] applications to the New Hampshire Department of Environmental
Services (NHDES) must be filed at the Town Clerk's office at
least seven calendar days in advance of the Conservation Commission
meeting at which the application is to be reviewed by the Commission.
[1]
Editor's Note: See RSA 483-B.
B.
Within 14 calendar days of an application to the NHDES being filed
with the Town Clerk, the Chairperson (or designated Town employee)
shall notify the New Hampshire Wetlands Board in writing of the Commission's
intent to intervene, in accordance with RSA 482-A. This only applies
to standard dredge and fill applications.
C.
The application shall be scheduled for a public hearing at the next
regular Commission meeting. A site walk shall normally be scheduled
for the Saturday before the regular meeting. If inclement weather
or unusual field conditions (such as deep snow cover) prevent an adequate
impact assessment, the Commission may request an applicant to postpone
action until an adequate assessment can be made.
D.
A written report stating the Commission's action on the application
shall be sent to the NHDES within 40 days of the original filing date
with the Town Clerk.
A.
An application for a minimum impact expedited permit will be treated
like a standard dredge and fill application with the exception that
staff will not send a notice of intervention to the New Hampshire
Department of Environmental Services.
B.
The application shall be scheduled for a public hearing at the next
regular Commission meeting. A site walk shall normally be scheduled
for the Saturday before the regular meeting.
C.
The Conservation Commission shall vote as to whether or not the Chairperson
shall sign the application and whether to send a letter of recommendation.
A.
Commission records shall be kept by the Secretary (or designated
Town employee) and shall be made available for public inspection at
the Commission's office as required by RSA 676:3, II.
B.
Minutes of meetings, including Commission members' names, persons
appearing before the Commission, and a brief description of the subject
matter, shall be open to public inspection as required in RSA 91-A:2,
II.
These rules of procedure may be amended by a majority vote of
Commission members, provided that such amendment is read at the meeting
immediately preceding the meeting at which the vote is to be taken.
The amended bylaws and rules of procedure shall be filed with the
Municipal Clerk.
