[HISTORY: Adopted by the Town of Ogunquit 6-14-2011 ATM by Art. 16(Title XIII of the 1980
Code). Amendments noted where applicable.]
This chapter shall be known as the "Ogunquit Conservation Commission
Ordinance."
The Town of Ogunquit shall establish a Conservation Commission
to implement the policy recommendations of the Comprehensive Plan
to preserve and protect valuable natural and wildlife resources and
to mitigate the loss of open spaces, particularly along the shoreline
and adjacent to wetlands.
As used in this chapter, the following terms shall have the
meanings indicated:
Land, owned in fee or by easement by the Town of Ogunquit,
which, either by its own value or in conjunction with other Town-owned
parcels, will be useful to advance one or more of the following objectives:
Protecting and safeguarding the health of Ogunquit's water resources,
including wetlands, rivers, streams, estuaries, beaches, and clam
flats.
Preserving open spaces as green buffers, with aesthetic and/or
ecological value, that will sustain and enhance wildlife habitats
and native vegetation.
Conservation land, as defined above, which is suitable in
size, access, and resource features, making it appropriate for public
visitation and which could serve as a field site for environmental
education. Public visitation to a wildlife commons shall be limited
to traditional, nonintensive, nonmotorized, outdoor recreation activities,
which are dependent on the presence of undeveloped natural features.
Traditional nonintensive, nonmotorized, outdoor recreation activities
shall include, but not be limited to, hiking, snowshoeing, skiing,
fishing, hunting, birding, picnicking, photography, and orienteering.
Pursuant to 30-A M.R.S.A. § 3261, the Town of Ogunquit
hereby establishes, by ordinance, a Conservation Commission as a permanent
standing committee of seven members who shall be residents of the
Town, this Commission being the same body as established by resolution
by the Ogunquit Select Board on July 15, 2003.
Members shall initially be appointed for terms of one, two and
three years, such that the terms of approximately 1/3 of the members
will expire each year. Their successors shall be appointed for terms
of three years each. Members shall serve until the appointment of
their successors.
The Conservation Commission shall:
A.
Keep records of its meetings and activities and make an annual report
to the Select Board.
B.
Conduct research, in consultation with the Planning Board, on undeveloped
natural areas and open spaces within the Town of Ogunquit.
C.
Seek to coordinate the activities of conservation bodies outside
of the Town of Ogunquit organized for similar purposes.
D.
Keep an index of all open areas within the Town of Ogunquit, whether
publicly or privately owned, including, but not limited to, wetlands,
meadows, and forests, for the purpose of obtaining information relating
to the proper protection, development or use of those open areas.
E.
Coordinate the specific actions as called for in Chapter 6, Section C, of the 2003 update of the Comprehensive Plan.
F.
Make recommendations to the Planning Board regarding its reviews of development applications, preparation of zoning ordinance amendments, and amendments to the Comprehensive Plan, pursuant to the procedures set forth in Chapter 225, Zoning.
G.
Work with the Select Board and Town Manager, in accordance with any
Town policies and the Town Charter, when incurring liabilities against
the Town, expending any funds, or conducting public meetings.
Any body politic or public agency of the state conducting planning
operations with respect to open areas within the Town of Ogunquit
shall notify the Conservation Commission of all plans and planning
operations at least 30 days before implementing any action under that
plan.
The Conservation Commission may:
A.
Advertise, prepare, print and distribute books, maps, charts, plans
and pamphlets which it considers necessary.
B.
Recommend to the Select Board or any other municipal body or board,
or any body politic or public agency of the state, a program for the
better protection, development or use of any natural areas of aesthetic
or ecological value and, if expressly authorized by the Select Board,
have the care and superintendence of those public parks specifically
designated by the Select Board.
C.
Receive gifts, other than real property, in the name of the Town
of Ogunquit for any of the Commission's purposes, and shall administer
the gift for those purposes subject to the terms of the gift.
D.
Recommend to the Town Meeting acquisition of lands for use as conservation
land or a wildlife commons, as defined by this chapter and according
to the procedure set forth below.
E.
When authorized by the Select Board, manage conservation land or
wildlife commons acquired by the Town of Ogunquit for conservation
purposes.
A.
Recommendation to Select Board. As part of process of inventorying and indexing lands set forth in § 49-6D above, and to implement the policies of the Comprehensive Plan, the Ogunquit Conservation Commission may recommend that the Town acquire or accept donations of land, or designate appropriate parcels of land already in Town ownership, to be designated as "conservation land" or as "wildlife commons," as defined by this chapter.
B.
Town Meeting action. When the Conservation Commission recommends
to the Select Board that a parcel of land be acquired, accepted and/or
designated as "conservation land" or "wildlife commons" in accordance
with this chapter, the Board shall place the matter on a Town Meeting
warrant for approval. Such designation shall become effective, and
the Town's use of the land limited by the designation, only after
the designation is approved by vote of the Town at any Town Meeting.
C.
Restrictions by the grantor included in the warrant article. The
Town of Ogunquit may acquire or accept donations of land to be designated
as conservation land or wildlife commons, with restrictions affecting
the future use of the property placed on the sale or donation by the
grantor. Any such restrictions shall be included in the warrant article.
