[HISTORY: Adopted by the Town Council of the Town of East Hampton 10-26-1999
(Ord. No. 1.10). Amendments noted where applicable.]
It is recognized that pursuant to C.G.S. § 7-131r there is
hereby established the Open Space, Land Acquisition and Preservation Fund
(the "fund"), which shall be used solely for the purposes of the preservation
of open space and the acquisition of land (or any interest in
land, including, but not limited to, conservation easements and development
rights) to be used for open space or recreational or housing purposes. The
fund shall not lapse at the close of the municipal year.
There shall be deposited into the fund such sums as (a) the Town may,
from time to time, appropriate for that purpose as part of its Capital Improvement
Program, (b) funds acquired by the Town, whether by gift, bequest, grant or
otherwise, solely for the purposes to be served by the fund, and (c) all monies
appropriated to said fund. The total of all deposits into the fund in any
one fiscal year (exclusive of gifts, bequests and grants) shall not exceed
that amount which would be generated by the imposition of a tax of two mills
against all of the property subject to tax in East Hampton as shown on the
last complete Grand List. The Town shall also investigate on a continuing
basis the availability of any state and federal monies available for land
acquisition and development rights.
The following types of land may be considered for acquisition:
A.
Land that has recreational value; or
B.
Land that has development value for Town parks or playgrounds,
or recreational facilities; or
C.
Land that has significant scenic, topographic, conservation
or wilderness value based on the characteristics of the land; or
D.
Land that has significant historical, cultural or archaeological
value.
The Town Council shall have the exclusive authority to identify those
parcels of land, interests in land, and/or development rights to be recommended
to the Town Meeting for acquisition. All such recommendations from the Town
Council shall be consistent with the purpose for which the fund is created.
Appropriations from the fund shall be made only upon approval of the Town
Meeting following recommendation of the Town Council, and review by the Planning and
Zoning Commission pursuant to C.G.S. § B-24, and Board of Finance
approval.
Any ordinance or resolution authorizing the purchase or sale of any
interest in land, including but not limited to easements and development rights,
shall be acted upon by Town Meeting, after approval by the Board of Finance.
When the public hearing is to be held, the Town Council shall cause notice
to be published at least 10 days prior to said public hearing in a newspaper
having substantial continuous circulation in the Town.
The fund shall continue in existence until such time as an ordinance
amends or discontinues same. Upon dissolution of the fund, any remaining balances
shall be paid over into the general fund or such other fund as the ordinance
terminating said fund shall direct.
