[HISTORY: Adopted by the Board of Selectmen
of the Town of Colchester 12-16-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This enactment also superseded former Ch. 92,
Open Space Preservation Fund, adopted by Town Meeting 6-5-2003.
A.
Pursuant to the provisions of Connecticut General Statutes § 7-148(c)(2)(K),
the Town of Colchester (the Town) does hereby create a special fund,
which fund shall be known as the "Open Space Preservation Fund" (the
fund), and which fund shall not lapse at the end of the municipal
fiscal year. The fund's purposes shall be:
(1)
The preservation of open space by the Town or the acquisition by
the Town of land or interests in land for open space purposes (the
Town acquisitions); and
(2)
For contribution (the Town contributions) to a governmental body
or a charitable corporation or trust whose purposes include open space
purposes (a preservation entity), which Town contributions shall be
for such preservation entity's preacquisition costs such as appraisals
and other due diligence, closing costs, and/or for a portion of the
acquisition costs of land or interests in land for open space purposes.
B.
The term "open space purposes," as used in this chapter, shall mean
the preservation of land for open space, recreational or agricultural
purposes.
A.
In addition to such sums as may be appropriated by the Town annually
for deposit into the fund, the Town is authorized to and may deposit
into the fund all monies received by it, from whatever source, as
monetary gifts, grants or loans for open space purposes.
B.
Fees to the Town collected in lieu of any requirement to provide
open space, pursuant to Connecticut General Statutes §§ 8-25
and 8-25b, and as authorized by the Zoning and Planning Commission,
pursuant to the Town's Subdivision Regulations (the 8-25b fees),
shall be deposited into the fund.
C.
The fund shall be in the custody of the Town Treasurer or other officer
in charge of funds of the Town, and all or any part of the monies
in the fund may, from time to time, be invested in any securities
in which public funds may be lawfully invested. All income derived
from such investments shall be placed into the fund and become a part
thereof. The monies so invested shall at all times be subject to withdrawal
from such investments for use as hereinafter set forth.
D.
No sums contained in the fund, including interest and dividends earned
upon said sums, shall be transferred to any other account within the
Town budget. No expenditures shall be made from the fund except in
accordance with the provisions of this chapter.
E.
The continuation of the fund shall be perpetual, notwithstanding
that from time to time the fund may be unfunded.
F.
No Town contribution shall be made to a preservation entity, other than a governmental body, until such preservation entity provides to the Board of Selectmen all necessary and/or requested documents such as, but not limited to, certification that such preservation entity has among its purposes open space purposes set forth in § 92-1 above, is a tax-exempt charitable organization as described in Internal Revenue Code Section 501(c)(3) and has taken all requisite actions to approve the acquisition of the subject land or interest in subject land for open space purposes.
Expenditures shall be made from the fund only in accordance
with the following procedures and requirements:
A.
With regard to Town acquisitions, expenditures from the fund shall
be made exclusively for acquisition costs, including, but not limited
to, appraisal preacquisition costs, such as appraisals and other due
diligence, and closing costs of real property or of easements, interests
or other rights therein in real property, the use of which shall be
limited to open space purposes;
B.
With regard to Town contributions, expenditures from the fund shall be made exclusively to preservation entities for the cost set forth in § 92-1A(2) above;
D.
Expenditures from the fund shall only be made for acquisitions that have been approved in accordance with the procedures set forth in § 92-4 below; and
E.
All expenditures from the fund shall conform to the Town's general
procedures with regard to the expenditure of municipal funds.
A.
The Conservation Commission is hereby designated to act on behalf
of the Town for the purpose of reviewing and recommending to the Board
of Selectmen Town acquisitions or Town contributions for open space
purposes. Any person, including other agencies and departments of
the Town, may propose possible Town acquisitions or Town contributions
to the Conservation Commission for review. The Conservation Commission
shall request input on possible Town acquisitions or Town contributions
from other agencies and departments of the Town (such as the Parks
and Recreation Department and the Zoning and Planning Commission),
as appropriate in each circumstance.
B.
The Conservation Commission shall recommend to the Board of Selectmen
the Town acquisition of any parcel or interest therein to be used
for open space purposes or Town contribution ("proposed Town acquisition
or Town contribution"). The recommendation shall describe the proposed
use and include a comprehensive statement of the Conservation Commission's
evaluation of the proposed Town acquisition or Town contribution.
C.
If the Board of Selectmen approves a proposed Town acquisition or
Town contribution, it shall forward the Conservation Commission's
recommendation for the proposed Town acquisition or Town contribution
to the Zoning and Planning Commission for a report pursuant to Connecticut
General Statutes § 8-24, and to the Board of Finance.
D.
Following action by the Board of Finance and the issuance of the
Zoning and Planning Commission's report pursuant to Connecticut
General Statutes § 8-24, final action on the proposed Town
acquisition or Town contribution shall be taken by the Board of Selectmen
or, if required by Town Charter, by the Town Meeting.
Prior to the receipt of funding pursuant to a Town contribution approved in accordance with § 92-4 above, a preservation entity shall enter into a contract with the Town, which contract shall provide, among other things, that the document to be recorded on the Colchester land records (e.g., deed, easement) that creates the conditions and restrictions relating to open space purposes that shall burden the subject property (the conditions/restrictions) shall provide that:
A.
The conditions/restrictions shall be perpetual.
B.
Such preservation entity shall comply with or enforce, as applicable,
the conditions/restrictions.
C.
The Town shall have the right, from time to time, to inspect the
subject property for compliance with the conditions/restrictions.
D.
In the event such preservation entity fails to comply with or enforce,
as applicable, the conditions/restrictions, the Town shall have the
right, but not the obligation, to comply with or enforce, as applicable,
the conditions/restrictions. In the event the Town so complies with
or enforces, as applicable, the conditions/restrictions, such preservation
entity shall promptly, upon its receipt of written notice from the
Town, reimburse the Town for the Town's costs therefor.
E.
For purposes of such contract and such document for the land records,
references to such preservation entity shall include its successors
and assigns.
