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Town of New Canaan, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the New Canaan Town Council 3-19-2008, effective 4-11-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 16.
Code of Ethics — See Ch. 17.
Inland wetlands and watercourses — See Ch. 33A
Planning and Zoning Commission — See Ch. 40.
Zoning — See Ch. 60.
There shall be a Conservation Commission of five members who shall be electors of the Town. The members shall serve without compensation and shall hold no other office of trust or emolument in the Town government. Service on committees of the Town government is not prohibited by this section, provided that such service does not create a conflict of interest as defined in the Town's Code of Ethics.[1] There shall be minority representation on the Commission in accordance with Section 9-167a of the Connecticut General Statutes.
[1]
Editor's Note: See Ch. 17, Ethics, Code of.
Within 30 days after this ordinance shall become effective, the Board of Selectmen shall appoint the members of the Commission. The initial term of two members shall be from the date of appointment to the first day of December 2008, and the initial term of three members shall be from the date of appointment to the first day of December 2009. On or promptly after the first day of December in even-numbered years, the Selectmen shall appoint two members of the Commission, who, after qualification, shall hold office for a term of two years from the first day of December and until their successors have been appointed and shall have qualified. On or promptly after the first day of December in odd-numbered years, the Selectmen shall appoint three members of the Commission, who, after qualification, shall hold office for a term of two years from the first day of December and until their successors have been appointed and shall have qualified.
On or promptly after the first day of December, the Commission shall meet at the call of the First Selectman to choose one of its members to be Chairman and one to be Secretary. The Chairman shall, when present, preside at all meetings of the Commission, and shall vote as a member thereof. The Secretary shall file in the office of the Town Clerk a full and detailed record of all proceedings, acts, and resolutions of the Commission, including the votes of each member on all actions taken, and such record shall be a public record. Three members shall constitute a quorum, and the concurrence of two votes shall be necessary for the transaction of business.
The Commission shall have all of the powers, duties and responsibilities vested in Conservation Commissions under Section 7-131a of the Connecticut General Statutes, as now or hereafter amended. Without limitation, these powers, duties and responsibilities are as follows.
A. 
The Commission shall do the following:
(1) 
Keep an index of all open areas, publicly or privately owned, including parks, woodland, undeveloped and underdeveloped land, open marshlands, swamps and other wetlands, for the purpose of obtaining information on the proper and potential use of such areas;
(2) 
Conduct research into the utilization and possible utilization of land areas in the Town of New Canaan;
(3) 
Keep records of its meetings and activities; and
(4) 
Make an annual report of its activities to the Town Council.
B. 
The Commission may do the following:
(1) 
Coordinate the activities of unofficial bodies organized for similar purposes;
(2) 
Advertise, prepare and distribute books, maps, charts, plans and pamphlets as necessary for its purposes;
(3) 
Propose a greenways plan for inclusion in the plan of conservation and development of the Town prepared pursuant to Section 8-23 of the Connecticut General Statutes;
(4) 
Inventory natural resources and formulate watershed management and drought management plans. Such plans shall be consistent with water supply management plans prepared pursuant to Section 25-32d of the Connecticut General Statutes;
(5) 
Offer recommendations to the Planning,& Zoning Commission of plans and programs for the development and use of all areas indexed under Subsection A(1) above;
(6) 
Offer recommendations to the Planning and Zoning Commission and to the Environmental Commission regarding proposed land use changes and regulation changes;
(7) 
With the approval of the Town Council, acquire land and easements in the name of the Town and promulgate rules and regulations, including, but not limited to, the establishment of reasonable charges for the use of such land and easements;
(8) 
Supervise and manage park property, or portions thereof, upon delegation of such authority by the Park and Recreation Commission, provided the Park and Recreation Commission may resume exercising its authority by resolution adopted at a duly noticed public meeting;
(9) 
Supervise and manage Town property, or portions thereof, other than parks, upon delegation of such authority by the entity which has supervisory or management responsibilities for such space or property, provided the delegating entity may resume exercising its authority by resolution adopted at a duly noticed public meeting;
(10) 
Receive monetary and other gifts in the name of the Town for any of the Commission's purposes, and administer the same for such purposes subject to the terms of the gift;
(11) 
Exchange information with the State of Connecticut Commissioner of Environmental Protection, and accept assistance from the Commissioner in planning the Commission's overall program and coordinating state and local conservation activities.
The Commission may advise and make recommendations to the Planning and Zoning Commission and the Environmental Commission regarding acceptance or rejection of open space designations or easements in connection with land use applications pending before such other commissions.
With the approval of the Town Council, the Commission may acquire land and easements in the name of the Town, or receive gifts, donations or devises of land, or other interests or rights in land, including conservation easements, for any of the purposes set forth under Sections 7-131a and 7-13lb of the Connecticut General Statutes, as now or hereafter amended. Should the Conservation Commission find it necessary or advisable to make a request for the acquisition of land, or any interest or rights in land, including the acquisition of conservation easements, for any of the purposes set forth under the said Sections 7-131a and 7-131b of the Connecticut General Statutes, and after approval thereof by the Planning and Zoning Commission, it shall make a report relative thereof to the Board of Selectmen, together with a request for an appropriation. When an appropriation for such acquisition of land or interest or rights in land, including the acquisition of conservation easements, shall have been made by the Town, the Board of Selectmen shall have exclusive charge of the appropriation in substantial accord with the purpose for which such appropriation was made. If the carrying out of any such recommendation makes necessary the condemnation of land, the Commission is authorized to take such land within the limits of the Town by condemnation in accordance with Section 7-131b of the Connecticut General Statutes.
The Commission may promulgate rules and regulations, including, but not limited to, the establishment of reasonable charges for the use of land and easements, for any of its purposes as set forth in this ordinance. Such rules and regulations shall not become effective unless they are approved by the Town Council.
Should any provision of this ordinance be declared unlawful or ultra vires, such action shall not affect the validity of any other provision or part thereof.