[HISTORY: Adopted by the Special Town Meeting of the Town of Topsham 5-24-2007, Art. 18.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 6.
Comprehensive Plan — See Ch. 105.
Parks and recreation — See Ch. 161.
[1]
Editor's Note: This article was adopted as Ch. 107, but was redesignated to fit the organizational structure of the Code.
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings:
COMMISSION
The Conservation Commission established pursuant to Chapter 10.
SELECTMEN
The Board of Selectmen for the Town of Topsham.
STATE LAW REFERENCE(S)
Conservation Commission, 30-A M.R.S.A. § 3261.
A. 
A Conservation Commission shall be established which shall consist of and be administered by 5 persons appointed by the Selectmen for staggered three-year terms as authorized by 30-A M.R.S.A. § 3261. The members must be legal residents of the Town of Topsham and shall serve without compensation. The Commission shall annually elect a chair, a secretary and a treasurer from among its members and shall adopt reasonable rules for the conduct of its meetings. The decisions of the Commission shall be by majority vote of those present and voting, and no business may be transacted without a majority of the members present. The Commission shall keep accurate records of its meetings and actions and shall file an annual work plan and property inventory with the Selectmen.
B. 
Neither a municipal officer nor a member of the Topsham Planning Board may be a member of the Commission.
C. 
In the event of a permanent vacancy, the Selectmen shall, within 60 days of its occurrence, appoint a person to serve for the unexpired term.
D. 
Members may be removed by the Selectmen for cause. Excessive absence from regular scheduled meetings shall be considered cause for removal.
The Commission:
A. 
May acquire, as approved by the Selectmen and/or the municipal legislative body as appropriate, on behalf of the municipality, fee simple interests and any lesser interests, including conservation restrictions, development rights or easements, in any real property situated within the borders of the municipality, of the types set forth in § 10-4, including any improvements on that real property, provided that all purchases or acquisitions are consistent with the Town's Natural Areas Plan;
B. 
May recommend to the Selectmen the acceptance of gifts in the municipality's name for any of the Commission's purposes and shall administer the gift for those purposes subject to the terms of the gift;
C. 
May recommend to the Selectmen the disposition of all or any portion of the real property interests held by it, on behalf of the municipality, subject to the Constitution of Maine to the extent applicable;
D. 
May obtain such professional services as are necessary in order to perform its duties;
E. 
May maintain, manage and improve land and interests in land held by it, on behalf of the municipality, in a manner which allows public use and enjoyment consistent with the natural, historic and scenic resources of the land, including planting, pruning, and cutting of trees and shrubs to manage and enhance natural systems, constructing nature trails and associated bridges and boardwalks, setting up bird nest boxes, and posting of nature identification and trail signs;
F. 
May, as delegated to it by the Selectmen, be responsible for the care and superintendence of conservation lands and other properties as designated by the Selectmen;
G. 
May coordinate research into local land and water areas;
H. 
May seek to coordinate the activities of conservation bodies organized for similar purposes;
I. 
May advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary, utilizing such funds as may be donated to the Town of Topsham, acquired through grants, or appropriated by the Selectmen and the municipal legislative body for such purposes;
J. 
May maintain an inventory of all open areas, publicly or privately owned, within the Town of Topsham, including marsh lands, swamps and other wetlands for the purpose of obtaining information pertinent to proper protection, development or use of such open areas;
K. 
May recommend to the municipal officers or any municipal body or board, or any body politic or public agency of the State of Maine, a program for better protection, development or use of such open areas;
L. 
May submit to the Selectmen annually a budget for all expenses and projects. All expenditures authorized by the Commission must be approved by the municipal legislative body through the budgetary process;
M. 
May advise the Planning Board in regards to sensitive natural areas in the Town of Topsham;
N. 
May coordinate natural resource objectives and implementation strategies as stated in the current adopted Comprehensive Plan.
Interests in land and other real property interests to be acquired and held as part of the Commission on behalf of the Town of Topsham must be situated within the boundaries of the municipality and may consist of any of the priority conservation areas identified in the Town's Natural Areas Plan.
A. 
The Commission shall retain any real property interest acquired pursuant to this chapter predominantly in its natural, scenic or open condition, except as otherwise provided in this chapter. Except upon the approval of the Selectmen and, where appropriate, subject to the Constitution of Maine or state law, the Commission shall not allow construction, excavation, dumping or other acts or uses detrimental to the cultural, natural, scenic or open condition of the land or water areas.
B. 
The Commission shall recommend to the Selectmen any request to use, improve, or dispose of any real property interest acquired by the Commission in a manner otherwise prohibited by this section.
A. 
The Commission shall file annually a work plan detailing the goals and objectives for the Commission for the coming year. The work plan shall also delineate all potential property or interest in property being considered for acquisition.
B. 
The Commission shall file annually a property inventory. The inventory must show all real property interests then currently held by the Commission, on behalf of the municipality, including a description of the use of those interests, and all acquisitions, improvements, or dispositions of all real property interests held by the Commission, on behalf of the municipality, at any time during the year preceding each filing, including the reason for that acquisition, improvement or disposition.
The Commission shall file with the Selectmen an open space, public access and conservation plan, which shall be, as far as possible, consistent with the Town's Comprehensive Plan and with any regional planning relating to the area. The Commission may, from time to time, amend the plan. The Commission shall actively seek comments from the Planning Board, the Selectmen, and the general public at a public hearing before adopting a plan or revisions to a plan.