[Adopted by Town Meeting 6-10-2009 by Art. 22]
A.
Intent and purpose. The intent of this article is to protect, conserve,
enhance and provide stewardship for open space and its natural resources
in the Town of Casco in accordance with the provisions of this article,
the Casco Open Space Plan and the Casco Comprehensive Plan. To achieve
these objectives this article also intends to establish a conservation
commission.
B.
Authority. This article has been prepared and adopted pursuant to
the provisions of:
(1)
The State of Maine's home rule authority found in 30-A M.R.S.A. § 3001;
(2)
The State of Maine's laws regarding the establishment of conservation
commissions found in 30-A M.R.S.A. § 3261;
(3)
The State of Maine's Growth Management Program, 30-A M.R.S.A. §§ 4312
and 4321 to 4323;
(4)
The Casco Comprehensive Plan, originally adopted on June 11, 2003,
and most recently amended on June 13, 2007; and
(5)
The Casco Open Space Plan adopted by the municipal legislative body
on June 14, 2006.
C.
Title. This article shall be known and may be cited as the "Casco
Open Space Conservation Ordinance."
There is hereby established a conservation commission, which
shall be known as the "Casco Open Space Commission" ("Commission"),
and whose purpose is to administer this article. The responsibilities,
authorities and limitations of the Commission are those described
in this article and as amended by the municipal legislative body.
It is meant to be separate from the Town's existing Conservation Committee
and to serve a related, but different, purpose.
A.
The Commission shall consist of five voting members who shall be
residents of the Town of Casco. Three shall be appointed by the municipal
officers, and two members shall be elected in municipal-wide elections.
B.
Not more than one municipal officer nor more than one Planning Board
member may be an appointed member of the Commission.
C.
Terms shall be staggered and shall be three-year terms, except for
the initial appointments/elections, in which the three appointed seats
shall consist of a one-year term, a two-year term, and a three-year
term. The initial elected seats shall consist of a two-year term and
a three-year term.
D.
The election of Commission members shall occur on the same date as
the election of municipal officers.
E.
Initial appointments of all five members shall be made by the municipal
officers within 30 days of the adoption of this article. Appointments
at other times shall be made promptly to ensure that Commission official
business can continue to be conducted.
F.
Members may serve until the appointment or election of their successors.
G.
When there are fewer than two elected members, for whatever reason,
the municipal officers shall appoint a replacement who shall serve
only until the next scheduled election of Commission members.
H.
A quorum and a majority shall consist of three voting members present
at any meeting. No business shall be conducted without a quorum.
I.
The municipal officers shall have the power to remove appointed members,
with just cause, by a majority vote.
J.
The municipal officers shall have the authority to remove an elected
member, with just cause, by a unanimous vote of its full membership.
K.
Members are expected to attend all meetings. Attendance at fewer
than 75% of the meetings in any twelve-month period, or absence at
three consecutive regularly scheduled meetings, may be considered
just cause for removal.
A.
Procedural duties. The following shall be the procedural duties of
the Commission:
(1)
Meetings. The Commission shall determine the schedule and frequency
of meetings. It shall meet regularly and conduct its business at open
meetings, such meetings to be posted at public locations as to time
and place.
(2)
Election of officers. The Commission shall elect officers annually.
Required officers shall include a Chair, Vice Chair and a Secretary.
(3)
Minutes. The Commission shall keep a record of its meetings and decisions,
which shall be made available to the public. A draft copy of the minutes
shall be available in the Town office within 30 days of the meeting
and a final approved copy of the minutes submitted to the Town office
within 10 days of approval by the Commission.
(4)
Annual report. The Commission shall, at least once a year or at the
request of the municipal officers, file a report at the Town office
containing information as to its activities of the past year, an outline
of the program anticipated in the coming year, and all relevant financial
information, including the value of protected lands and the gain or
loss in tax revenue due to implementation of the Open Space Plan.
(5)
Fiscal responsibilities. The Commission shall submit an annual budget,
including its annual report, to the municipal officers, subject to
their annual budget review process and the municipal legislative process.
Expenditures shall not exceed the Commission's financial resources,
including amounts approved by the municipal legislative body.
(6)
Acquisition or transfer of land or interest in land. The Commission
shall only acquire, accept, sell, trade or transfer any land parcel
or interest therein, including fee interests, easements and leases,
with the approval of the municipal legislative body and only in the
name of the Town of Casco.
B.
Open space duties. The following shall be the open space duties of
the Commission:
(1)
Open Space Plan. The Commission shall implement the provisions of
the Casco Open Space Plan adopted at the June 2006 Town Meeting, or
as subsequently amended or updated by vote of the municipal legislative
body.
(2)
Conservation easements. The Commission shall manage any conservation easement that the Town holds, as provided in § 22-15. Management responsibilities shall include regular landowner contact, monitoring and stewardship activities in accordance with the terms of the easement.
(3)
Conservation lease program. The Commission shall research and develop
prototype agreements and set up a structure and criteria for determining
the amount of lease payments for open space land to further the goals
of the Casco Open Space Plan. It shall manage any conservation leases
the Town holds. Management responsibilities shall include regular
landowner contact, monitoring and stewardship activities in accordance
with the lease agreement.
(4)
Town-owned lands. The Commission shall seek input from the Parks
and Recreation Department and shall develop and implement a management
plan for any Town-owned land with natural resource values to ensure
appropriate monitoring and stewardship of those values.
(5)
Education and outreach. The Commission shall develop an education
and outreach program.
(6)
Natural resources inventory. The Commission shall develop an inventory
of natural resources in the Town, including but not limited to such
things as brooks, streams, woodlands, wetlands, wildlife habitats,
and other unique or important natural areas.
(7)
Coordination with other conservation organizations. The Commission
shall seek to coordinate its activities with other local, regional
or state conservation organizations such as conservation commissions
or similar groups in neighboring towns and land trusts or other organizations
qualified to hold conservation easements.
(8)
Duty under other regulations. The Commission shall perform any duties
required of it under any state or local legislative action, including
a comprehensive plan, as long as such duties further the purpose and
intent of this article.
The following shall be the discretionary powers of the Commission:
A.
Procedures and policies. The Commission may adopt procedures and
policies for its operation, subject to the approval of the municipal
officers.
B.
Planning and priorities. The Commission may adopt plans, criteria
and priorities for open space protection.
C.
Amendments to Open Space Plan. The Commission may recommend to the
municipal officers any amendments to the Open Space Plan to be voted
on by the municipal legislative body.
D.
Acquisition of lands. The Commission may enter into purchase option
agreements solely in the name of the Town of Casco with landowners
with the approval of the municipal officers.
E.
Conservation easements. The Commission may negotiate agreements solely
in the name of the Town of Casco with landowners for conservation
easements on land in Casco with the approval of the municipal officers.
F.
Conservation leases. The Commission may negotiate with landowners
for conservation leases solely in the name of the Town of Casco on
land in Casco with the approval of the municipal officers.
G.
Recreational use of lands. The Commission may, in association with
the Parks and Recreation Department, develop and implement strategies
for the use and development of public parks, trails and access to
outdoor recreation opportunities on Town-owned lands.
H.
Distribution of maps and literature. The Commission may prepare,
print and distribute maps, plans and literature as needed to promote
conservation and other initiatives of the Commission.
I.
Use of outside services. The Commission may, within its budget, engage
the services of professionals, such as foresters, ecologists, biologists,
botanists, wildlife specialists and land use planners, needed to accomplish
its work.
J.
Grants. The Commission may, with approval of the municipal officers,
apply for and administer grants in furtherance of its work.
K.
Fund-raising. With the approval of the municipal officers, the Commission
may conduct fund-raising campaigns and administer said funds in furtherance
of its work.
L.
Donations. With the approval of the municipal officers, the Commission
may accept donations to further the purposes of its work and administer
said gifts in accordance with the wishes of the donor.
M.
Other activities not listed. The Commission may undertake other conservation-related
activities that further the purposes set forth in this article or
in the Open Space Plan, with approval of the municipal officers.
A.
Validity. Should any section or provisions of this article be declared
by a court of competent jurisdiction to be invalid, such determination
shall not invalidate or affect any other section or provision of this
article, and to that end the provisions of this article are declared
to be severable.
B.
Repealer. All ordinances, resolutions, orders and votes of the Town
of Casco, by whatever governing body enacted and which relate to the
Commission, are hereby repealed to the extent they are inconsistent
with this article.
C.
Effective date. The effective date of this article shall be the first
day of the month after adoption by the municipal legislative body.
