[HISTORY: Adopted by the Town Council of the Town of Farmington 1-25-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Budget requests — See Charter, Art. IX.
Enforcement of zoning regulations and inland wetland regulations — See Ch. 22.
Water Pollution Control Authority — See Ch. 68.
Inland wetlands and watercourses — See Ch. 125.
Zoning regulations — See Ch. 197.
[1]
Editor's Note: This ordinance also repealed former Ch.
9, Conservation Commission, adopted 2-28-1967 by Ord. No. 53, as amended.
A.
The
purpose of this chapter is to clarify that the existing Conservation
Commission and Inland Wetlands and Watercourses Agency will be abolished
on February 27, 2012, and that a new commission, the Farmington Conservation
and Inland Wetlands Commission, will be constituted on the same day.
B.
In
order i) to carry out and effectuate the purposes and policies of
the Inland Wetlands and Watercourses Act of the State of Connecticut
pursuant to C.G.S. § 22a-37 et seq., and ii) to promote
the development and conservation of natural resources, including water
resources, within the territorial limits of the Town of Farmington
pursuant to C.G.S. § 7-131a, there is hereby created an
agency of the Town of Farmington (the "Town") to be known as the "Farmington
Conservation and Inland Wetlands Commission" (the "Commission"). The
Commission, when acting in the capacity of the Inland Wetlands Commission
or the Conservation Commission, shall operate each commission as a
separate and distinct body.
A.
The
Commission shall consist of seven regular members and two alternate
members appointed for terms of four years. Terms shall expire on September
30 of each year, except that an appointment to fill an unexpired term
shall be for the duration of said unexpired term only. No more than
three members' terms shall expire at one time. The expiration
of the initial appointments of the members of the Commission shall
be as follows: two (2) regular members' terms shall expire on
September 30, 2012; two (2) regular members' terms shall expire
on September 30, 2013; two (2) regular members' terms shall expire
on September 30, 2014; and one (1) regular member's term shall
expire on September 30, 2015. One alternate member's term shall
expire on September 30, 2013, and one alternate member's term
shall expire on September 30, 2015. Thereafter, members and alternates
shall be appointed to serve terms of four (4) years. The two alternates
cannot be members of the same political party.
B.
Members
shall be electors of the Town of Farmington holding no salaried Town
office.
C.
Organization.
(1)
The first meeting of the Commission following the effective date
of this chapter shall be constituted as an organizational meeting.
At such organizational meeting the Commission shall elect a Chairman,
Vice Chairman and Secretary from its regular members. Only regular
members of the Commission, or alternates seated in lieu of a regular
member who is absent or otherwise not participating, shall be entitled
to vote in the election of officers. The professional staff will run
the organizational meeting until such time as elections are complete.
(2)
Where a regular member cannot attend the organizational meeting,
such member may select the alternate to vote in his or her place.
If the regular member fails to select an alternate member, the selection
shall be made using a method agreed upon by the regular members present.
(3)
At the first organizational meeting, the Commission shall begin to
discuss the creation of new bylaws. Such bylaws shall be created and
adopted no later than July 1, 2012. For the purposes of adopting bylaws,
only regular members of the Commission, or alternates seated in lieu
of a regular member who is absent or otherwise not participating,
shall be entitled to vote.
D.
Thereafter
beginning in 2012, within a period not exceeding 30 days after the
first day of October of each year, the members of the Commission shall
elect a Chairman, Vice Chairman and Secretary from its regular members.
Only regular members of the Commission, or alternates seated in lieu
of a regular member who is absent or otherwise not participating,
shall be entitled to vote in the election of officers.
E.
All
members shall serve without compensation.
F.
The
Town Council shall appoint all regular and alternate members, may
remove any such member for cause and may fill any vacancy that may
arise.
G.
The
appointment of members of the Commission shall be governed by the
applicable minority representation provisions of the Town Charter
and the Connecticut General Statutes.
H.
Members
of the Commission shall attend and complete the comprehensive training
program developed and conducted by the Connecticut Department of Energy
and Environmental Protection within three years of their appointment.
I.
Alternate
members when serving as members of the Conservation Commission shall
have full powers and duties as regular members and shall be permitted
to vote on all issues before it.
The membership of any person who is absent from three regular
meetings during any six-month period shall terminate as of the time
the third such absence occurs, unless such absences are waived by
the Chairman of the Commission because of illness or other extenuating
circumstances. The Chairman of the Commission shall notify the Town
Manager promptly after the third absence occurs.
The Commission shall fix the time and place of its regular meetings
and provide a method for calling special meetings. The Commission
shall determine its own rules of procedure. The presence of four members
shall constitute a quorum. The Commission may adopt regulations, rules
and procedures to carry out the purposes of this chapter. The Commission
shall keep records of its meetings and activities and shall make an
annual report to the Town Council through the Town Manager. The Commission
may submit a budget request to the Town Council through the Town Manager
in accordance with the procedures set forth in the Town Charter.[1]
A.
Inland
Wetlands Commission.
(1)
The Commission shall be vested with all powers authorized by the
Inland Wetlands and Watercourses Act of the State of Connecticut,
as amended, and, in particular, shall promulgate such regulations
in conformity with the regulations promulgated by the Commissioner
of Energy and Environmental Protection of the State of Connecticut
as are necessary to protect the inland wetlands and watercourses within
the territorial limits of the Town of Farmington. The Commission shall
provide, through regulations, the manner in which the boundaries of
inland wetland areas and watercourses in the Town of Farmington shall
be established, amended or changed and shall follow the procedures
set forth in the Inland Wetlands and Watercourses Act of the State
of Connecticut.
(2)
The Commission shall be solely responsible for the permitting of
all regulated activities conducted upon or upland of an inland wetland
or watercourse, as those terms are defined in the Inland Wetlands
and Watercourses Act of the State of Connecticut and in the Farmington
Regulations for Inland Wetlands, within the Town of Farmington. In
carrying out its permitting activities, the Commission shall follow
the standards and procedures set forth in the Inland Wetlands and
Watercourses Act of the State of Connecticut and in the Farmington
Regulations for Inland Wetlands.
B.
Conservation
Commission.
(1)
The Commission shall be vested with all powers authorized by C.G.S.
§ 7-131a of the Connecticut General Statutes, as amended.
(2)
The Commission shall conduct researches into the utilization and
possible utilization of land areas of the municipality and may coordinate
the activities of unofficial bodies organized for similar purposes
and may advertise, prepare and distribute books, maps, charts, plans
and pamphlets as necessary for its purpose.
(3)
The Commission shall keep an index of all open areas, publicly or
privately owned, including open marshlands, swamps and other wetlands,
for the purpose of obtaining information on the proper use of such
areas, and may from time to time recommend to the Town Plan and Zoning
Commission of the Town of Farmington plans and programs for the development
and use of such areas, which may include the acquisition of conservation
easements.
(4)
The Commission may recommend acquisition of land to the Town Council
for any of its purposes as set out in this section or as authorized
in C.G.S. § 7-131a of the Connecticut General Statutes,
as amended.
(5)
The Commission, upon approval of the Town Council and the Town Meeting,
may receive gifts of land in the name of the Town of Farmington for
purposes not inconsistent with this chapter.
(6)
The Commission may receive gifts of money in the name of the Town
of Farmington for any purpose not inconsistent with the purpose of
this Chapter. Such gifts of money, if not designated for the special
purpose by the donor, shall become part of the general fund of the
Town of Farmington. Special gifts of money shall be deposited in a
special fund of the Town of Farmington created for this purpose by
the Town Treasurer and may be used by the Commission for such special
purposes upon approval by the Town Council. The Town Treasurer shall
keep an accurate record of all funds received.
(7)
The Commission shall give particular consideration to the following
matters and shall inform the Town Council and other appropriate agencies
with respect to the same:
(a)
Uses and avoidance of pollution of the Farmington River.
(b)
Land that should be kept as open space or for recreation purpose.
(c)
Methods of keeping open space without purchase by public agencies,
such as the acquisition of easements or agreements with property owners.
(d)
Recommended land practices and land development of present Town-owned
properties.
(e)
Coordinating information from and among each of the Town agencies
involved with any aspect of conservation of natural resources.
(f)
Making maximum use of federal and state agencies, such as the Soil
Conservation Service of the United States Department of Agriculture
and the Connecticut Department of Agriculture and Natural Resources.
(g)
Coordination of activities of various organizations and groups in
the Town of Farmington having an interest in conservation, such as
garden clubs and other civic associations.
(h)
Cooperation with Conservation Commissions of neighboring towns.
(i)
Coordination of efforts with Farmington River Watershed Associations.
(j)
Stimulation and promotion of conservation within the Town of Farmington.
[1]
Editor's Note: See Article IX, Budget, of the Charter.
The facilities and services of the Town Planner, his/her staff
and office shall be available to the Commission. The Commission shall
otherwise operate within the amount of the appropriation provided
in the Town budget each year.
A.
The Farmington Conservation Commission, as constituted under the prior version of this Chapter 9, shall continue to be responsible for all regulations pursuant to the Inland Wetlands and Watercourses Act until February 27, 2012.
B.
All
existing Commission regulations shall remain in full force and effect
during this transition period.
