Pursuant to the provisions of Connecticut General Statutes,
§ 7-131r, the Town of Monroe does hereby create a special
fund for the protection and preservation of Monroe's natural
resources and rural character and is in concert with the Town of Monroe
Plan of Conservation and Development. The fund shall be known as the
"Open Space and Land Acquisition Fund." Such fund shall not lapse
at the end of the municipal fiscal year.
A.
The Town of Monroe is authorized to and shall deposit all monies
received by it, from whatever source, as monetary gifts for the acquisition
and preservation of open space, including fees, gifts, grants, donations
and loans, unless otherwise restricted, into said Open Space and Land
Acquisition Fund.
B.
There shall be deposited in said fund, annually, an amount, not to
exceed the amount which would be generated by the imposition of a
tax of two mills against the property subject to tax in such municipality
pursuant to Chapter 203 of the Connecticut General Statutes, as may
be appropriated by the municipality.
C.
All or any part of the monies in said fund may be invested in any
securities in which public funds may be lawfully invested. All income
derived from such investment shall be placed into the fund and become
a part thereof. The monies so invested shall at all times be subject
to withdrawal for use as hereinafter set forth.
D.
No sums contained in said Open Space and Land Acquisition Fund, including
interest and dividends earned, shall be transferred to any other account
within the Town of Monroe budget. No expenditures shall be made from
said account except in accordance with the provisions of this article.
A.
The continuation of the Open Space and Land Acquisition Fund shall
be perpetual, notwithstanding that from time to time said fund may
be left with a zero balance or shall be unfunded.
B.
Expenditures shall be made from the Open Space and Land Acquisition
Fund only in accordance with the following procedures and requirements:
(1)
Said expenditures shall be made exclusively for the appraisal, acquisition,
and preservation costs relating to parcels of land or easements, interests
or rights therein, the use of which shall be limited to retention
of the parcel in its natural condition or the protection of natural
resources for passive recreational or agricultural purposes.
(2)
Recommendations for the appropriation for acquisition of any parcel
and/or easement, right, or interest therein, including the sum to
be expended, shall be approved by a vote of the Conservation and Water
Resources Commission and forwarded to the Planning and Zoning Commission
for a report in accordance with Connecticut General Statutes, § 8-24.
This recommendation shall include a full report from all applicable
Town departments, including but not limited to Planning and Zoning,
Inland Wetlands, the Town Engineer, and the Department of Public Works.
(3)
Following review and favorable action by the Planning and Zoning
Commission and incorporation of any changes approved by vote of the
Conservation and Water Resources Commission, any recommendation for
appropriation of monies for acquisition shall be forwarded to the
Board of Finance for approval and then to the Town Council.
(4)
Following the approval of such recommendation by the Board of Finance
for the appropriation of funds, the Town Council shall vote on it
and present it for vote at a duly warned and noticed Special Town
Meeting.
(5)
The Town Council shall have the authority to spend up to $6,000 per
potential acquisition for expenses incurred in investigation as to
the suitability of land for acquisition by the Town of Monroe. These
expenses shall be taken from the Open Space and Land Acquisition Fund
and shall include such payment for the services of real estate appraisers,
soil scientists, environmental planners and the like.
In the future, fees to the Town of Monroe collected in lieu
of any requirement to provide open space pursuant to the fee-in-lieu-of
statute, C.G.S. §§ 8-25 and 8-25b, if and when authorized
by the Planning and Zoning Commission and added to the Monroe Subdivision
Regulations, shall also be deposited into said Open Space and Land
Acquisition Fund.
