[Adopted 12-18-1973 by Doc. 361 (Ch. 20 of the 1980 Code); amended in its entirety 2-27-2024 by Doc. 2-FF]
There shall be established in the City of Haverhill, in accordance with MGL c. 40, § 8C a Conservation Commission, which Commission is hereby established for the following general purposes: for the promotion and development of the natural resources and for the protection of watershed resources of the City of Haverhill.
A. 
The Commission shall conduct researches into its local land areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its work. The Commission shall work with other municipal, regional, and state bodies, friends groups, non-profit environmental organizations, and other like assemblies to encourage natural resource protection and a conservation ethic in the community.
B. 
The Commission shall coordinate the preparation of the City's Open Space and Recreation Plan. Such plan shall show open areas including marsh land, swamps and other wetlands, and shall show which areas are subject to restrictions or wetland zoning provisions and any other matters which may be shown on a plan index under MGL c. 184, § 33. Acquisitions of interests in and under this section and other municipal open lands shall be shown thereon as well as lands owned by other entities kept open through any legal requirement. Such plan shall show other areas which public necessity requires to be retained for conservation and passive recreation use.
C. 
The Commission shall assure the protection of important local land and water resources through conservation land acquisition under the Conservation Commission Act and Article 97 of the Commonwealth of Massachusetts Constitution. The Commission shall assist in securing and enforcing conservation restrictions, agricultural and historic restrictions, and watershed restrictions. The Commission shall encourage, in conjunction with assessors and other municipal officials, the placing of land in the Chapter 61, 61A, and 61B programs.
D. 
The Commission shall be stewards of the City's conservation lands for a variety of benefits, including to foster biodiversity of species and habitats and to provide and promote appropriate recreational uses tied to the nature of the particular area. The Commission shall promote appropriate, environmentally-sound agriculture, forestry, and fishing on conservation lands.
E. 
The Commission shall implement state and local regulations relating to the use of conservation lands and the protection of wetlands and floodplains under the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and local ordinances authorized under Article 89 of the Commonwealth's Constitution.
F. 
The Commission shall keep accurate records of its meetings and actions and shall file an annual report.
A. 
The Commission shall consist of not less than three members nor more than seven members. All appointments to said Commission shall be made by the Mayor of the City of Haverhill. Appointments shall be persons whose interests are closely allied to the promotion and protection of the City's natural resources and open spaces and the enhancement of recreation opportunities available to the public.
B. 
When established, the terms of the members shall be for one, two, or three years, and so arranged that the terms of approximately one third of the members will expire each year, and their successors shall be appointed for terms of three years each.
C. 
A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
D. 
To assist the Commission in performing its general duties or in completing special projects, the Commission may request the Mayor to appoint up to three Conservation Partners. Partners shall be unofficial, volunteers and shall not perform any official Commission action, such as voting on Commission business.
A. 
The Mayor may appoint such clerks and other employees as it may from time to time require.
B. 
The employees of the Commission shall be under the direction and control of the Deputy DPW Director - Water/Wastewater Division in carrying out the policies established by the Commission.
The Commission may establish Conservation Funds and expend the same under the supervision of the Deputy DPW Director - Water/Wastewater Division. The City Council may appropriate money in any year to a Conservation Fund of which the Treasurer shall be custodian. She may deposit or invest the proceeds of said fund in savings banks, trust companies incorporated under the laws of the Commonwealth, banking companies incorporated under the laws of the Commonwealth which are members of the Federal Deposit Insurance Corporation, or national banks, or invest it in paid-up shares and accounts of and in cooperative banks, or in shares of savings and loan associations or in shares of federal savings and loan associations doing business in the Commonwealth, and any income therefrom shall be credited to the fund. Moneys in the fund may be expended by said Commission for any purpose authorized by this section; provided, however, that no expenditure for a taking by eminent domain shall be made unless such expenditure has been approved in accordance with MGL c. 40, § 8c.
A. 
The Commission, in addition to the powers hereinabove granted to it, may receive gifts of property, both real and personal, in the name of the City of Haverhill, subject to the approval of the City Council, such gifts to be managed and controlled by the Commission for the purposes of this section.
B. 
The Commission may acquire by gift, purchase, grant, bequest, devise, lease or otherwise the fee in such land or water rights, or any lesser interest, development right, easement, covenant or other contractual right, including conveyances on conditions or with limitations or reversions, as may be necessary to acquire, maintain, improve, protect, limit the future of or otherwise conserve and properly utilize open spaces and other land and water areas within the City and shall manage and control the same subject to approval by the City Council.
C. 
For the purposes of this section, the City may, upon the written request of the Commission, take by eminent domain under MGL c. 79, the fee or any lesser interest in any land or waters located in the City, provided that such taking has first been approved by a two-thirds vote of the City Council, which land and waters shall thereupon be under the jurisdiction and control of the Commission.
D. 
Upon a like vote, the City may expend moneys in the fund, if any, established under the provisions of § 11-26 for the purpose of paying, in whole or in part, any damages for which such City may be liable by reason of such taking.
E. 
Lands used for farming or agriculture, as defined in MGL c. 128, § 1A, shall not be taken by eminent domain under the authority of this section.
A. 
The Commission may adopt rules and regulations governing the use of land and waters under its control and prescribe penalties, not exceeding a fine of $300, for any violation thereof. The Commission may adopt additional rules, regulations, policies, and procedures to be used in performing its duties.
B. 
As an alternative to criminal prosecution in a specific case, the Commission may issue citations under the non-criminal disposition procedure set forth in MGL c. 40, § 21D.
No action taken under this section shall affect the powers and duties of the State Reclamation Board or any mosquito control or other project operating under or authorized by MGL c. 252 or restrict any established public access.