City of Norwalk, CT Article III Open Space Fund

[Adopted 3-14-2000]

§ 35-9 Creation and purpose. [1]

Pursuant to the authority vested in municipalities under Connecticut General Statutes, § 7-131(a) and § 7-148, there is hereby created a fund to be known as the "Open Space Fund." The purposes of the Open Space Fund shall be to preserve or create Norwalk's open space and to protect its natural resources by providing financial support for initiatives and activities that primarily seek to preserve parcels of open space in perpetuity.

[1] Editor's Note: Former § 35-9, Submission to Planning and Zoning Commission, of Art. II, Inland Wetland Agency, was repealed 7-24-1984.

§ 35-10 Sources of funds. [1]

Unless otherwise prescribed by law, regulations or the City Charter, there shall be credited to said fund the following:

A. Appropriations for property acquisition by the city pursuant to § 1-189 of the City Charter;

B. Federal and state grants;C. Gifts and donations designated specifically for or restricted to the purposes set forth in § 35-9;

C. Interest earned on the investment of fund assets;

D. The proceeds, net of disposition costs, from the sale of property and property rights previously acquired with resources of the fund; and

E. Grant funds, gifts or donations which are designated for a particular purpose.

[1] Editor's Note: Former § 35-10, Submission to Common Council, of Art. II, Inland Wetland Agency, was repealed 7-24-1984.

§ 35-11 Permitted uses of funds.

Resources of the fund shall be used for:

A. The acquisition of real property and/or real property rights, including, but not necessarily limited to, options to purchase, development rights, easements and rights-of-way;

B. Payment of acquisition-related costs, including, but not necessarily limited to, title searches, appraisals, surveys, environmental assessments, natural resource inventories, legal fees and advertisements;

C. Contributing to the cost of land acquisitions by not-for-profit organizations when consistent with and in furtherance of the purposes set forth in § 35-9 of this article; and

D. Payment of costs required to transform properties which are not considered open space to open space properties, including cost of any required environmental remediation.

§ 35-12 Procedures for uses of funds.

Proposals for use of the fund, including reasonable estimates of all costs and revenues, shall be submitted to the Conservation Commission. The Conservation Commission shall ascertain that sufficient, unobligated resources of the fund are or will be readily available and that the proposal is consistent with the permitted uses. The Conservation Commission shall then refer the proposal to the Land Use Committee of the Common Council, or such other committee as designated by the Common Council, for review and comment. The Land Use Committee shall have 45 days to submit a written report to the Common Council. After considering the report, if any, of the Land Use Committee and after securing a report from the Planning Commission pursuant to § 8-24 of the Connecticut General Statutes, the Common Council may, on its own authority, authorize the necessary funds to be expended pursuant to § 1-189 of the City Charter.

§ 35-13 Termination of fund.

In the event that the Common Council elects to terminate the Open Space Fund, it shall refer the matter to a public hearing. Pending action by the Common Council, no new obligations against fund resources shall occur. If the Common Council by a 2/3 majority vote approves the termination of the fund, any liabilities then existing shall be paid from fund assets then available and from assets which become available to the fund on or before the close of the fiscal year in which such termination occurs. Thereafter, any remaining fund assets shall be transferred to the Norwalk Land Trust or other similar entity designated by the Common Council.

§ 35-14 When effective.

This article shall become effective upon passage.