[HISTORY: Adopted by the Town Council of the Town of Lincoln 3-15-1988
by Ord. No. 88-1; amended 2-25-1992 by Ord.
No. 92-2 (Ch. 15, Art. II, of the 1990 Code of Ordinances). Subsequent
amendments noted where applicable.]
CHARTER REFERENCES
Lincoln Land Trust — See § C16-8.
GENERAL REFERENCES
Zoning — See Ch. 260.
There is hereby established the Lincoln Land Trust (hereinafter referred
to as “the Trust”) for the primary purpose of seeking out, identifying,
and promoting the acquisition of property, interests in and development rights
to property within the Town for the purpose of continuing the commitment of
the Town to the preservation of open space in accordance with the goals of
the Master Plan of the Town. The Trust shall have as a secondary purpose,
promoting the acquisition of property or interests therein in order to preserve
open spaces, marshes, rivers, streams, ponds and adjoining uplands, groundwater
recharging areas, lands for bicycle and footpaths, lands for future public
recreational facilities and uses and lands providing access to any of the
above.
A.
The Trust shall be administered by five Trustees, one
from each voting district of the Town. Each member shall be appointed by the
Town Councilperson from his or her respective district. The Trustees who are
first appointed shall be designated to serve for terms of one, two, three,
four, and five years for Districts One, Two, Three, Four, and Five respectively.
Thereafter, Trustees shall be appointed as aforesaid for a term of office
of five years. All vacancies occurring before the expiration of a term shall
be filled by the appointing Councilperson or his successor for the unexpired
term.
B.
Trustees shall be resident electors of the Town, shall
serve without compensation and shall hold office until their successors have
been appointed. No Trustee may be an elected officer or salaried employee
of the Town. No Trustee may serve more than two successive full five-year
terms.
The members of the Trust shall appoint a chairperson, first vice-chairperson,
second vice-chairperson, secretary, and treasurer from amongst its members
in accordance with the terms of this section. Each Trustee shall serve in
such office for a one year, rotating term. The District One Trustee shall
serve as the initial chairperson, the District Two Trustee shall serve as
the initial first vice-chairperson, the District Three Trustee shall serve
as the initial second vice-chairperson, the District Four Trustee shall serve
as the initial secretary and the District Five Trustee shall serve as the
initial treasurer. In succeeding years each Trustee shall ascend in office,
to the eventual end that each Trustee shall serve as chairperson in the last
year of his or her full term. The terms of the office of the chairperson,
vice-chairpersons, treasurer and secretary, unless otherwise prescribed by
the Town Council, shall be for the calendar year, or for that portion therefore
remaining after each such officer is designated.
[Amended 10-15-2002 by Ord. No. 02-06]
The Trustees shall operate under the same rules for the conduct of meetings
as is specified in the Town Charter relative to Town Council meetings and
may adopt additional reasonable rules and regulations governing the conduct
of Trust affairs, including promoting the acquisition and monitoring the management
of properties and interests acquired through its efforts to the extent consistent
with the provisions of the Town Charter or of this chapter. All rules and
regulations of the Trust are subject to the approval of the Town Council.
Decisions of the Trustees shall be made by majority vote of those present
and voting, and no business shall be transacted without three members present.
The Trustees shall keep accurate records of their meetings and actions and
shall file an annual report which shall be printed in the Annual Town Report.
All meetings of the Trust shall comply with the State Open Meeting Law.[1]
[1]
Editor's Note: See R.I.G.L. § 42-46-1 et seq.
The Trust shall have the authority, subject to the provisions of § 24-8, to promote the acquisition of any real property from consenting land owner(s), situated in Lincoln, or any interest therein, which it shall deem important or necessary to preserve, create, or maintain in an open native or recreational condition. With the exception of property acquired for public recreational purposes, such property shall be held by the Town, subject to the condition that it shall be used for open space use. The Trustees shall afford priority to the acquisition of open lands and development rights thereto.
Subject to the provisions of § 24-8, the Trust shall also have power to:
A.
Promote the purchase, receive by gift, or other acquisition of real property and development rights by the Town, as defined in § 24-7, or any interest in real property consistent with purposes of this chapter;
B.
Accept gifts, grants or loans of funds or services from
any source, public or private, and comply, subject to the provisions of this
chapter, with any terms and conditions thereof;
C.
Accept from state or federal agencies, loans or grants
for use in carrying out its purposes and to enter into agreements with such
agencies respecting any such loans or grants;
D.
Employ counsel, auditors, engineers, appraisers, private
consultants, advisors, secretaries, or other personnel needed to provide necessary
services;
E.
Promote and monitor the administration and management
of land and interests in land held by the Town in a manner which allows public
use and/or enjoyment consistent with the natural and scenic resources thereof;
F.
To hold, in trust, and manage any development rights acquired as defined in § 24-7 provided that the holding thereof by the Trust is approved by the Town Administrator and the Town Council.
G.
Otherwise do all things necessary for the performance
of its duties, the fulfillment of its obligations and the conduct of its business.
As used in this chapter, the following terms shall have the meanings
indicated:
The rights of the fee simple owner to develop, construct on, divide,
sell, lease, or otherwise change the property in such a way as to render the
land unsuitable for open space; this includes the exercise of the owner's
rights to sell or grant easements or rights-of-way, or to sell the mineral
or water rights or other rights if by such exercise the use of the land as
open space is diminished; but does not include the rights of the owner to
sell, lease or otherwise improve the land to preserve, maintain, operate,
or continue such land as open space or all other customary rights and privileges
of ownership, including the right to privacy. Specific restrictions or prohibitions
as to development shall be formulated by the Trust for each parcel of land
to which the development rights are obtained and shall be appended to the
covenant at the time of its making.
In accordance with the provisions of the Town Charter, the Town Administrator
shall negotiate all formal contracts for the acquisition of property or interests
therein subject to the approval of the Town Council. Upon such approval the
Town shall, in the event that municipal funds not previously appropriated
are required for the purchase of any property or interest, place the question
of acquisition before the voters of the Town at the next Regular or Special
Town Meeting or for approval at a Townwide referendum.
