[HISTORY: Adopted by the Town of Wells 4-12-2003. Amendments noted
where applicable.]
A.
Statement of purpose.
(1)
The Town of Wells owns a significant amount of land;
some is used for municipal facilities, some is reserved for future
use, and some is managed for conservation purposes. Some Town land is subject
to conditions that limit or restrict its use in some way. The Town has become
increasingly aware of the need to be a responsible custodian of its lands,
particularly undeveloped land, and to take steps to preserve land as conservation
lands for future generations when it is appropriate to do so. The Town's Comprehensive
Plan also recognizes the importance of preserving the Town's rural character
and the potential to use Town-owned land to enhance the rural character of
the community. The 2002 Comprehensive Plan contains policies and implementation
strategies that call for the protection of wetlands and wildlife habitat and
to protect, manage and enhance the Town's open space and resource conservation
areas.
(2)
The 2002 Comprehensive Plan called for the establishment
of a process to inventory Town-owned lands to determine the most appropriate
long-term use. Recently, the Town completed such an inventory. This chapter
recognizes the importance of compiling, maintaining and updating the inventory
of Town property, develops a methodology for evaluating newly acquired land
to determine appropriate current and future uses, and sets the standards for
designating certain Town land as "conservation land" or wildlife commons."
B.
This chapter is adopted pursuant to the home rule provisions
of Article VIII, Part 2, Section 1, of the Maine Constitution and 30-A M.R.S.A.
§ 3001 as well as the Growth Management Act, 30-A M.R.S.A. §4312
et seq., and to implement the Town of Wells, Maine Comprehensive Plan, Year
2000 Update: Toward the Year 2010 (adopted April 12, 2002).
A.
Conservation Commission to inventory Town-owned lands.
The Conservation Commission of the Town of Wells shall prepare an Inventory
of Town-Owned Land, as directed by the Board of Selectmen, and shall update
the inventory from time to time, but at least every three years. The inventory
shall identify Town-owned real property, including easements and other interests
in land, and shall reference any deed restrictions or covenants limiting the
use of said land.
B.
The Conservation Commission shall solicit comments from
the Office of Planning and Development and the Planning Board regarding the
properties contained in the Inventory, and the Planning Board shall provide
those comments, in writing, to the Conservation Commission before the Inventory
is submitted to the Board of Selectmen.
C.
Inventory submitted to the Board of Selectmen. The Conservation
Commission shall submit the initial Inventory of Town-Owned Land to the Board
of Selectmen by September 30, 2003, and thereafter whenever the Conservation
Commission updates the Inventory. The Board of Selectmen shall review the
Inventory, and any updates thereto, and accept them with such corrections
as the Board of Selectmen deems appropriate. Upon approval by the Board of
Selectmen, the Inventory shall be filed in the Town Clerk's Office. The Town
Clerk shall provide copies of the Inventory to the Town Manager, the Planning
Board, and the Office of Planning and Development.
A.
As part of the Inventory of Town-Owned Land, the Conservation
Commission shall recommend that the Town designate appropriate parcels of
Town-owned land to be reserved as "conservation land" when the Conservation
Commission finds that the land, either of its own value or in conjunction
with other parcels that are or may be acquired by the Town, will be useful
in advancing one or more of the following objectives:
(1)
Preserve and enhance wildlife habitat to sustain wildlife.
(2)
Serve as a field site(s) for environmental education.
(3)
Provide the public with opportunities for nonintensive
traditional, typically nonmotorized, outdoor recreation activities, which
are dependent on the presence of undeveloped natural features. Nonintensive
traditional outdoor recreation activities include hiking, snowshoeing, skiing,
fishing, hunting, birding, picnicking, photography, and orienteering.
B.
Large parcels of conservation land that are suitable
in size, access, and resource features may additionally be designated as "wildlife
commons." A wildlife commons, such as the Fenderson Wildlife Commons, is a
site of particular ecological value offering especially good opportunities
for nonintensive traditional outdoor recreation, with appropriate size, access,
and natural features that would attract public visitation and provide suitable
wildlife habitat for a number of species.
C.
When the Conservation Commission recommends that a parcel
of land be designated as "conservation land" or "wildlife commons" in accordance
with this chapter, the Board of Selectmen shall forward this designation to
the Town Meeting for approval. Such designation shall become effective, and
the Town's use of the land limited by the designation, only after the designation
is confirmed by vote of the Town at any Town Meeting.
D.
The Town may accept donations of conservation land and
wildlife commons, either of which may come with restrictions affecting the
future use of the property. Any such restrictions are reflected in the inventory
prepared by the Conservation Commission. The Town Meeting vote on accepting
any donation of land that is subject to restrictions on the development or
use of the donated lands shall make specific reference to the restrictions.
A.
Land designated as "conservation land" shall be managed by the Town to preserve the conservation objectives specified in § 66-4A of this chapter. Nonintensive traditional outdoor recreation activities shall be encouraged, provided that these activities do not significantly impair the purpose of sustaining wildlife or threaten public safety. The Town may provide amenities or improvements, such as parking areas, trails, shelters or other small improvements on conservation lands to facilitate use for nonintensive traditional outdoor recreation activities, after consultation with the Conservation Commission.
B.
The Town may cut trees on conservation lands only if
there is no significant overall impairment of wildlife habitat. In the case
of donated lands, logging will take place only if consistent with the intent
of the donor. Logging activity will proceed according to a management plan
written by a certified forester, which will be recorded in the Town Assessor's
office.
C.
Land designated as "wildlife commons" shall be managed by the Town to preserve the conservation objectives specified in § 66-4B of this chapter. Development of a wildlife commons will be limited to cutting and marking trails, interpretive signage, creation of access points, environmental education, and ecological management to enhance habitat. Construction of any facilities shall take place only if it is necessary to serve these goals. The Conservation Commission shall review any proposals for development on a wildlife commons and make a recommendation to the Board of Selectmen regarding the proposal.
D.
Policy regarding the Town's management of conservation
lands and wildlife commons shall be drafted by the Conservation Commission
and submitted to the Board of Selectmen for review and approval. The Board
of Selectmen is authorized to adopt and implement policies relating to the
management of conservation lands and wildlife commons, following notice and
a hearing.
