[HISTORY: Adopted by the Conservation Commission of the Town of Northborough. Amendments noted where applicable.]
A. 
The name of this organization shall be the "Northborough Conservation Commission," herein called the "Commission."
B. 
The purpose of the Commission is to promote and develop the natural resources and to protect the watershed resources of the town as provided for under MGL C.40, § 8C, as amended. The Commission will conduct researches into local land areas and develop a conservation and outdoor passive recreation plan to accomplish the purpose set forth above. It will conduct broad educational programs, cooperate with elected and appointed boards and commissions of the town and with the State and Federal Department of Environmental Affairs with regard to natural resources regulations and other regulations imposed by law and shall perform other duties as may be imposed by law.
A. 
The officers of the Commission shall be elected from the membership annually in the first meeting of the Commission in April. This meeting shall be designated the "election meeting."
B. 
The following officers shall be elected: Chairman, Vice Chairman, Clerk and Treasurer.
A. 
Chairman. The Chairman shall, in addition to the duties imposed by law, preside at all meetings of the Commission at which he is present and direct the work of the Commission. This person shall, when necessary, appoint members to committees and designate chairmen of same as provided for under § 12-04-050 and shall direct the calling of meetings of the Commission. The Chairman shall be an ex officio member of all committees and shall be the representative to the "Cabinet" and all other town committees as required.
B. 
Vice Chairman. The Vice Chairman shall preside at all meetings of the Commission in the absence of the Chairman and shall perform all duties and have all powers of the Chairman in case of the absence or incapacity of the Chairman.
C. 
Clerk. The Clerk shall be responsible for scheduling and advertising all public hearings as required by law. The Clerk shall collect authorized signatures on all official documents and shall be responsible for having them notarized. The Clerk shall be responsible for receiving all correspondence at the Commission’s post office box and shall perform all other duties assigned by the Chairman, imposed by law or otherwise herein provided.
D. 
Treasurer. The Treasurer shall recommend action on all bills received by the Commission, ensure that the appropriate authorizing signatures are secured on these bills, transmit duly authorized bills to the appropriate municipal officer for disbursement approval required or payment and shall coordinate with the Town Treasurer and Accountant so that he is prepared to render a report on the status of all funds under the jurisdiction of the Commission at each meeting, and shall perform all other duties imposed by law, assigned by the Chairman or otherwise herein provided.
A. 
The Commission may, by vote at any meeting, appoint consultants to the Commission (See MGL C. 40, § 8C). Such consultants shall not have the right to vote nor to represent themselves as official members of the Commission, but shall have the right to participate in meetings and the activities of the Commission as the Chairman may designate. Consultants may be designated as agents of the Commission for a special purpose by a majority vote of the Commission.
B. 
The Commission may elect associate members. Such members shall have the same rights and privileges as consultants.
C. 
The Commission shall hire a Secretary. The Secretary shall keep an accurate record of the proceedings of the Commission, shall send copies of the minutes of the meetings to each member and shall notify each member of each meeting of the Commission. The Secretary shall type and distribute the correspondence of the Commission and shall be responsible for keeping an accurate file of conservation materials. In addition, the Secretary shall be responsible for securing necessary supplies for the Commission. The Secretary shall perform all other duties imposed by law, assigned by the Chairman or otherwise herein provided.
D. 
There shall be a Conservation Officer appointed by the Administrative Officer for an indefinite term. The Conservation Officer shall work under the general policy direction of the Board of Selectmen and the specific policy directives of the Conservation Commission. The Conservation Officer shall work under the general administrative direction of the Administrative Officer. The Conservation Officer shall be responsible for examining or causing to be examined all proposed or actual use of land which may violate the Wetlands Protection Act or floodplain zones, and shall examine all violations or reports of violations and make such reports or take such action as may be required by the Administrative Officer after consultation with the Conservation Commission. The Conservation Officer shall have all of the powers and duties and obligations that such officers may have under the Constitution, laws of the commonwealth, the Town Charter, town bylaws and the Administrative Code.
A. 
The members of the Commission shall perform all the duties and responsibilities as set forth in MGL C. 40, § 8c, as amended; the Massachusetts Conservation Commission handbook; and these bylaws.
B. 
Members who will be unable to attend a meeting of the Commission shall notify the Secretary.
C. 
Members shall make every effort to attend all meetings and perform all duties assigned by the Chairman.
Committees may be created by vote of the Commission as such committees may be needed. These committees shall be responsible for planning within their specific area of concern and for reporting the results of this planning to the Commission. They shall act in the name of the Commission only when directed to do so by vote of the Commission.
The Commission shall hold no less than two meetings a month except when a quorum, as defined in § 12-04-080, is not present or during the months of December, January and February, when only one meeting a month will be held, on the third Monday of each month, or when a special meeting is called by the Chairman. Robert’s Rules of Order (or Cushing’s Manual or other recognized parliamentary guide) shall govern meeting procedure when not in conflict with this bylaw or with statutes. Notices of the meetings will be given by the Secretary as specified in § 12-04-040. Meetings and notices thereof shall comply with the provisions of MGL C. 39, § 23A-C.
A majority of the members of the Commission shall constitute a quorum. A majority of those present and voting, if a quorum is present, shall be sufficient to conduct the business of the Commission unless otherwise specified by statute.
Original appointments to the Commission are made in accordance with MGL C. 40, § 8C, and by the appointing authority stated therein. A vacancy in the membership caused other than by expiration of a term of office shall be filled as specified in MGL C. 40, § 8C.
A. 
When the Commission is required by law to conduct a public hearing, a quorum of the members must be present. The Commission is required to conduct a public hearing on any properly executed notice of intent filed under the Wetlands Protection Act, MGL C. 131, § 40. The hearing must be held within 21 days of receipt of such notice, and at least a majority of the Commission must be in attendance. A majority of the Commission must sign the order of conditions issued.
B. 
A record of a hearing shall be kept which shall include a record of attendance, speakers, the context of testimony given (testimony may be sworn, if desired) and a record of any votes taken. Minutes of the meeting and the notice of intent shall become a part of the record of the hearing.
These bylaws may be amended at any regular meeting of the Commission by a two-thirds vote of the total Commission, provided that written notice of intent to amend is sent to each member of the Commission at least seven days prior to the meeting at which the proposed action is to be taken.
In addition to the existing regulations of MGL C. 131, § 40, the Wetlands Protection Act, the Commission shall adhere to the following procedures:
A. 
The Commission will check a site one year from the date of issuance of the order of conditions unless previously notified by the owner.
B. 
Cease and desist areas are to be checked within one day, one week and one month of issuance.
C. 
A list of regularly checked trouble spots is to be developed by the Commission. The Conservation Officer will check these areas on a date specified by the Commission and will report back to the Commission.
[1]
Editor’s Note: See also Ch. 6-04, Wetlands, of this volume.