[HISTORY: Adopted by the Representative Town
Meeting of the Town of Fairfield 8-25-1986. Amendments noted where applicable.]
A.
This chapter concerns the acquisition and disposition
of real property, including but not limited to buildings and improvements
located thereon and Board of Education leases and rentals of duration
equal to or greater than 12 months.
B.
Because of the unique nature of acquiring real property,
the Representative Town Meeting finds that sealed bidding is deemed
to be impractical and not in the best interest of the Town. However,
a waiver, submitted by either the First Selectman or the Superintendent
of Schools, as appropriate, and with the concurrence of six members
of the Board of Finance, must be filed in the office of the purchasing
authority within five days following Representative Town Meeting approval
of:
C.
Conveyance of open space designated land by the Town
to a nongovernmental body shall comply with Connecticut General Statute,
Section 7-131i.
The First Selectman shall, unless excepted herein,
act as the chief negotiator on behalf of the Town of Fairfield for
the acquisition or the disposition of real property. The Board of
Selectmen shall act as the approving executive body, unless excepted
herein. The Representative Town Meeting shall act as the approving
legislative body, unless herein.
Nothing in this chapter shall be deemed to eliminate
formal submission to the Historic District Commission for a certificate
of appropriateness, the Town Plan and Zoning Commission for an acceptance
or rejection report, the Board of Finance as the initial appropriations
body in appropriate circumstances or the Board of Finance as the concurring
body in the case of waivers.
This section applies to the Town's acquisition
of real property as stipulated below:
A.
If the acquisition is an outright purchase, the First
Selectman may negotiate on behalf of the Town, subject to further
approvals, as identified in this chapter, up to and including the
fair market value of the property. Once a negotiated agreement is
entered into, the First Selectman shall seek executive body approval
from the Board of Selectmen, initiate referral to the Town Plan and
Zoning Commission and seek fiscal approval from the Board of Finance,
if necessary, and legislative approval from the Representative Town
Meeting. [NOTE: See Connecticut General Statutes, Section 8-24.]
B.
The Conservation Commission may, with the approval of the Representative Town Meeting, acquire, through a purchase or a gift, land appropriate for development and conservation of natural resources, including water resources. In this instance, the First Selectman shall serve as the Town's negotiator for compensation up to and including the fair market value. [NOTE: See Connecticut General Statutes, Section 7-131a, Subsection (b).]
C.
The First Selectman may negotiate for property that
does not meet all applicable state and Town zoning, building and fire
codes, provided that each discrepancy is noticed, in writing, to all
other applicable approving bodies.
E.
Inasmuch as fair market value may not accurately reflect
the true value or worth of real property to the Town, fair market
value and desirability may be modified by any one or more of the following
criteria:
[Added 10-27-1997]
(1)
Price, if offered at a specific price.
(2)
Location, with an emphasis on property located within
current boundaries of existing Town-owned property, adjacent to existing
Town-owned property, in proximity to existing Town-owned property
or property located in developed neighborhoods that have minimal access
to recreation or natural habitat parcels.
(3)
Size, with an emphasis on larger parcels which may
provide a continuity of natural habitats and with a de-emphasis on
smaller parcels which may impose a significant maintenance burden
while producing only a minimal benefit.
(4)
Conservation and aesthetic value, including whether
a parcel is a critical habitat; harbors endangered, threatened or
protected species; harbors plant or animal communities not already
found in existing Town-owned property; enhances or protects natural
resources, including tidal wetlands and riparian habitats adjacent
to watercourses; contains significant natural features, such as ridgelines,
ravines and water bodies; or includes historical, cultural or archaeological
resources.
(5)
Recreation value, both active and passive.
(6)
Development potential for Town-owned buildings or
Town sponsored developments.
This section applies to the Town's disposition,
leasing and rental of real property as stipulated below:
A.
The First Selectman may, with the approval of the
Board of Selectmen, referral to the Town Plan and Zoning Commission
and subsequent approval of the Representative Town Meeting, and after
advertisements in trade journals or newspapers with circulation in
Fairfield, dispose of unneeded real property at fair market value.
[NOTE: See Connecticut General Statutes, Section 8-24.]
B.
The First Selectman may, with the approval of the
Board of Selectmen, referral to the Town Plan and Zoning Commission
and subsequent approval of the Representative Town Meeting, abandon
or discontinue paper streets and private ways to adjacent property
owners at no transfer cost to the recipient. [NOTE: See Connecticut
General Statutes, Sections 8-24 and 13a-49.]
C.
The First Selectman may, with the approval of the
Board of Selectmen, referral to the Town Plan and Zoning Commission,
the Board of Finance, if necessary, and subsequent approval of the
Representative Town Meeting, acquire and dispose of separate properties
in the same negotiation with a single party at fair market value.
[NOTE: See Connecticut General Statutes, Section 8-24.]
D.
Demolition.
(1)
The First Selectman, after approval of the Board of
Selectmen and the Town Plan and Zoning Commission, may order the demolition
of Town-owned buildings and structures of fewer than 5,000 square
feet, except if they are wholly or partially within an historic district.
[NOTE: See Connecticut General Statutes, Section 7-147d.]
(2)
If a building or structure is within an historic district,
additional Historic District Commission and Representative Town Meeting
approval shall be required. [NOTE: See Connecticut General Statutes,
Section 7-147d.]
(3)
If building or structure is equal to or greater than
5,000 square feet, additional Board of Finance and Representative
Town Meeting approvals shall be required.
E.
The First Selectman may negotiate with the State of
Connecticut concerning condemnation proceedings brought by the state
against the Town.
F.
The First Selectman may, with the approval of the
Board of Selectmen, referral to the Town Plan and Zoning Commission,
if there is to be a change of use, and subsequent approval of the
Representative Town Meeting, negotiate property leases of three years
or longer at fair market value as determined by the prevailing rates
in the community for comparable property. [NOTE: See Connecticut General
Statutes, Section 8-24.]
G.
The First Selectman may lease property to Townspeople
for a term of fewer than three years at a fair market value as determined
by local prevailing rates. Leases shall provide that the First Selectman
will give not fewer than a ninety-day notice to the lessee if the
Town wishes to remove the property from its rental inventory or alter
the rental rate after expiration of the lease term. The First Selectman
shall provide a written annual report of all short-term leases at
the December Representative Town Meeting.
H.
The First Selectman may, with the approval of the
Board of Selectmen, lease property to charitable or veterans' organizations
for nominal consideration.
This section applies to the Board of Education's
administered property for leases and rentals as stipulated below:
A.
The Board of Education may, with approval of the Town
Plan and Zoning Commission and the Representative Town Meeting, negotiate
leases for unneeded property for a term in excess of 12 months at
fair market value as determined by the prevailing rates in the community
for comparable property. [NOTE: See Connecticut General Statutes,
Section 8-24.]
B.
All net proceeds after allowance for apportioned operating costs resulting from rentals subject to Subsection A shall be the property of the Town and shall be deposited in the Town's general fund.
C.
The Board of Education may take and receive, after
referral to the Town Plan and Zoning Commission but subject to Board
of Finance approval and necessary appropriation and to Representative
Town Meeting approval and payment to the owner of just compensation,
land which has been fixed upon as a school building site by the act
of eminent domain. [NOTE: See Connecticut General Statutes, Sections
8-24 and 10-241a.]
D.
The Board of Education may not negotiate use of property
that does not substantially meet all applicable state and Town zoning,
building and fire codes or regulations as of the time of original
occupancy or the most recent renovation.
A.
This chapter shall not apply to any operations of
the Housing Authority.
B.
This chapter shall not apply to any operations of
the Parking Authority.
C.
This chapter shall not apply to any operations of
the Public Recreational Facilities Authority if and when the Representative
Town Meeting creates such an authority by ordinance. [NOTE: See Connecticut
General Statutes, Section 7-130a through 7-130w.]
D.
This chapter shall not apply to any operations of
a quasi-public, quasi-municipal or public nonmunicipal authority or
corporation that may be set up for the express purpose of administering
a particular facility that receives temporary or permanent financial
support from an agency of the state or the federal government.
E.
This chapter shall not apply to rentals of eight months'
duration or less, including but not limited to boat storage, locker
and cabana rental, reasonable charges for recreational facilities
upon land acquired with a state grant, food concessions involving
anticipated gross receipts of less than $10,000 and nonprofit athletic
facilities.
F.
This chapter does not apply to Board of Education
leases of 12 months or fewer.
G.
This chapter has no jurisdiction over Park-Commission-managed
and -controlled land as said Commission is authorized to enter into
leases of any land under its control for the purpose of providing
food, beverages and services to the public at Town parks and beaches
upon such terms and conditions as the Commission may deem desirable,
provided that no lease of any such land shall be for a period of more
than five years unless otherwise approved by the Representative Town
Meeting. [NOTE: See Representative Town Meeting action of February
20, 1950.]
H.
This chapter shall not apply to the acquisition of
real property by the Town through the foreclosure of tax or other
liens in favor of the Town or otherwise acquired in satisfaction of
debts.
I.
This chapter does not apply to property easements
requested or received by the Town.
[Amended 6-27-1995[1]; 10-26-1998]
A lessee of Town-owned property may not sublet
the property or assign the lease without the prior approval of the
Board of Selectman and the Representative Town Meeting.
[1]
Editor's Note: This legislation was subject
to referendum. No valid petition was filed.
Nothing contained within this chapter shall
abridge the legal authority of any board, commission or agency of
the Town of Fairfield to make, publish, adopt, repeal, change or amend
its rules, regulations or bylaws in accordance with law.
[Added 10-27-1997]
A.
The Board of Selectmen shall appoint a Land Acquisition
Commission consisting of seven members and two alternates to serve
terms of four years; provided, however, that at the time of first
appointment, three such members and one alternate shall be appointed
for a period of two years only. No more than four members and one
alternate shall be members of the same political party. An alternate
shall sit as a member of the Land Acquisition Commission whenever
a regular member is absent or disqualified.
[Amended 1-26-1998]
B.
Powers and duties.
(1)
The Land Acquisition Commission shall:
(a)
Expeditiously review and advise the First Selectman
regarding proposed expenditures of the Land Acquisition Fund;
(b)
Develop a comprehensive plan for acquisition
of 70 acres of open space for each 1,000 inhabitants of the Town;
(c)
Analyze all real property owned by the Town;
(d)
Create an inventory of undeveloped real property
within the Town boundaries; and
(e)
Review requests for land acquisition by other
Town governmental bodies.
(2)
The Land Acquisition Commission may:
(a)
Advise the First Selectman and other Town officials
regarding the purchase, sale or donation of real property and related
matters;
(b)
Solicit informally the acquisition of parcels
of real property by purchase or donation;
(c)
Retain real estate professionals to appraise
parcels under consideration; and
(d)
Undertake other actions which may reasonably
enhance the Town's ability to acquire open space.
[Added 10-27-1997]
A.
Pursuant to Connecticut General Statutes § 7-131r,
the Town hereby establishes a Land Acquisition Fund to be used for
the sole purpose of acquiring Town-owned property and property rights.
The Land Acquisition Fund:
(1)
May accept donations from public and private individuals
and entities.
(2)
Shall accept contributions required by the Town Plan
and Zoning Commission, the Conservation Commission and the Inland
Wetlands Agency as a condition for approval of applications before
such Commissions or Agency.
(3)
May receive funds through an appropriation in the
annual budget as allowed by Connecticut General Statues § 7-131r.
(4)
As may be appropriated, receive up to 10% of the unspent
balance in the Town budget for each fiscal year at the end of each
such year as determined by the Chief Fiscal Officer, commencing with
the fiscal year ending June 30, 1997, through the fiscal year ending
June 30, 2002.
B.
Moneys paid to the Land Acquisition Fund and interest earned thereon shall be used solely by the Town for the acquisition of real property, including development rights and conservation easements by the Town, provided that all such expenditures shall be approved by all necessary Town boards and commissions and the Representative Town Meeting. The criteria for purchasing such property shall include, but not be limited to, the criteria specified in § 35-4E of this Code and information developed pursuant to § 35-10B.
C.
Nothing herein shall prevent or limit the Town from
the purchase of real property through other channels, including, but
not limited to, bonding.
[Added 10-25-1999]
A.
Legislative findings. The RTM finds that there is
no clear process in state statutes, the Town Charter or the Town Code
for designating property as to use upon acquisition, determining administrative
responsibility for such property and changing such use designation
and administration, as necessary, in the future. Therefore, the RTM
desires to establish such a process.
B.
Definition. For purposes of this § 35-12, "open space" means land which may be used for any of the following purposes:
(1)
Recreation, including, but not limited to, children's
play, such as playgrounds, ice skating and sledding; land sports,
such as baseball, football, soccer, tennis, track, golf and climbing;
water sports, such as fishing, boating, swimming and waterskiing;
and passive recreation, such as strolling, hiking, horseback riding,
sitting, sunbathing, picnicking and nature study.
(2)
Conservation, including, but not limited to, natural
and scenic resources, wildlife habitat, water supply and other natural
resources; the protection of soil from erosion; the conservation of
historic areas; and the conservation of people and man-made structures
from the dangers of floods.
(3)
Preservation of community character, including, but
not limited to, the protection and enhancement of the desirable physical
and visual character of the Town and preservation of appropriate lands
from future development.
C.
Designation of use.
(1)
Property acquired before June 22, 1998. Any property
acquired before June 22, 1998, which carries a designation as to use
on the Town Plan and Zoning Commission Map of the Town of Fairfield
Public Lands shall continue to have the use designation shown on such
map.
(2)
Property acquired after June 22, 1998, and before enactment of § 35-12. All properties acquired by the Town through purchase or donation after June 22, 1998, and before enactment of this § 35-12 shall be designated "open space," as defined herein, unless otherwise required by state or federal law, any valid municipal law, a valid rule or regulation of the Town Plan and Zoning Commission or by a valid deed restriction on use of the property. Such property shall be administered by the commission or department specified at the time of acquisition, but if no specific designation was made, such property shall be administered by the Conservation Commission.
(3)
Property acquired from and after enactment of § 35-12. All property acquired by purchase or donation after the enactment § 35-12 shall be designated as directed by the RTM in the resolution authorizing the acquisition of such property, consistent with any requirements of state or federal law, any valid municipal law, a valid rule or regulation of the Town Plan and Zoning Commission or any valid deed restriction regarding the use of the property. If no other designation is made, the property shall be designated "open space," as defined in Subsection B, and shall be administered, subject to other designation by the RTM, by the Conservation Commission.
D.
Change in use. If the use or administration of any Town property, including open space, as defined in Subsection B is proposed to be changed, such change shall be conditioned upon the approval of the RTM. The RTM may request the recommendation of the board or commission administering the property before approving the change.
[Added 10-24-2022]
A.
Purpose. This section is enacted to protect the health, safety and
general welfare of people, ecosystems and natural resources.
B.
RUBBER INFILL MATERIAL
Definitions. As used in this section:
Any recycled or virgin rubber products, including, but not
limited to, ambient and cryogenic crumb rubber, coated crumb rubber,
encapsulated crumb rubber, ethylene propylene diene monomer (EPDM),
and recycled footwear.
C.
Prohibition of the use of rubber infill material. The creation or
complete replacement of any playing fields on Town of Fairfield property
using rubber infill material shall be prohibited.
D.
Exception to prohibition. Notwithstanding § 35-13C above, the supplemental application of rubber infill material on any existing playing fields on Town of Fairfield property shall be permitted if required to maintain such playing fields in order to meet safety standards as determined by the Parks and Recreation Department or by the Board of Education.
E.
Effective date. This section will take effect as of ratification
by the RTM.
