[Adopted 8-4-1997]
Pursuant to the authority vested in municipalities
under Connecticut General Statutes, § 7-131(a) and § 7-148,
there is hereby created a fund to be known as the "Open Space Fund."
The purposes of the Open Space Fund shall be to preserve Wilton's
rural character and to protect its natural resources by providing
financial support for initiatives and activities that primarily seek
to preserve parcels of land in a natural, undisturbed state.
Unless otherwise prescribed by law, regulation
or the Town Charter, there shall be credited to said fund the following:
B.
Federal and state grants;
C.
Gifts and donations designated specifically for or restricted to the purposes set forth in § 5-11.
D.
Revenues from specific taxes levied or imposed for
the acquisition of open space;
E.
Interest earned on the investment of fund assets;
and
F.
The proceeds, net of disposition costs, from the sale
of property and property rights previously acquired with resources
of the fund.
Resources of the fund shall be used for:
A.
The acquisition of real property and/or real property
rights including, but not necessarily limited to, options to purchase,
development rights, easements and rights-of-way;
B.
Payment of acquisition-related costs including, but
not necessarily limited to, title searches, appraisals, surveys, legal
fees and advertisements; and
Proposals for use of the fund, including reasonable estimates of all costs and revenues, shall be submitted to the Board of Selectmen. The Board shall ascertain that sufficient, unobligated resources of the fund are or will be readily available and that the proposal is consistent with the permitted uses. The Board shall then refer the proposal to the Conservation Commission for review and comment. The Conservation Commission shall have 45 days to submit a written report to the Board of Selectmen. After considering the report, if any, of the Conservation Commission and after securing a report from the Planning and Zoning Commission pursuant to § 8-24 of the Connecticut General Statutes, the Board of Selectmen may, on its own authority, authorize the necessary funds to be expended or, if required to by § C-6 of the Charter, refer the matter to the Town Meeting.
In the event the Board of Selectmen determines that real property or real property rights acquired with resources from the fund are no longer desirable as, suitable, required or appropriate for open space, it shall request a report from the Conservation Commission which shall have 45 days from the date of the referral to submit said report to the Board of Selectmen. The Board of Selectman shall also refer the proposed disposition to the Planning and Zoning Commission pursuant to § 8-24 of the Connecticut General Statutes. After 45 days and consideration of reports received, the Board of Selectmen may proceed to dispose of said property or property rights by sale or otherwise, or if required by § C-6A(4) of the Charter, refer the proposed disposition to the Town Meeting.
In the event the Board of Selectmen elects to
terminate the Open Space Fund, it shall refer the matter to the Town
Meeting. Pending action by the Town Meeting no new obligations against
fund resources shall occur. If the Town Meeting approves the termination
of the fund, any liabilities then existing shall be paid from fund
assets then available and from assets which become available to the
fund on or before the close of the fiscal year in which such termination
occurs. Thereafter, any remaining fund assets and liabilities shall
be transferred to the general fund.
This ordinance shall become effective upon passage.
