[HISTORY: Adopted by the Town of Boothbay Harbor 11-12-1986 as STM Art. 3 (Art. 9 of the 1958 Ordinances). Amendments noted where applicable.]
[Amended 5-6-2002 by ATM Art. 20]
Pursuant to M.R.S.A. Constitution, Article VIII, and 30-A M.R.S.A. § 3001, the Town of Boothbay Harbor hereby establishes the Town of Boothbay Harbor Planning Board.
Board members shall be appointed by the Selectmen and sworn by the Clerk or other person authorized to administer oaths.
The Board shall consist of five members and two alternate members.
The term of each member and alternate member shall be three years. Those members and alternate members appointed prior to the enactment of this chapter shall continue to serve the balance of their terms, but in all other respects shall be governed by this chapter.
[Amended 5-6-2002 by ATM Art. 20]
When there is a permanent vacancy, the municipal officers shall, within 60 days of its occurrence, appoint a person to serve for the unexpired term. A vacancy shall occur upon the resignation or death of any member or when a member ceases to be a voting resident of the Town or when a member or alternate member fails to attend four consecutive regular meetings or fails to attend at least 75% of all meetings during the preceding twelve-month period. When a vacancy occurs, the Chairman of the Board shall immediately so advise the municipal officers, in writing. The Board may recommend to the municipal officers that the attendance provision be waived for cause, in which case no vacancy will then exist until the municipal officers disapprove the recommendation. The municipal officers may remove members of the Planning Board by unanimous vote, for cause, after notice and hearing.
Neither a Selectman, member of the Board of Appeals, alternate member of the Board of Appeals nor spouse of a member or alternate member of the Board of Appeals may be a member or alternate member of the Board.
The Planning Board shall elect a Chairman from its regular members and a Secretary from among its regular or alternate members and create and fill such other offices as it may determine. The term of all offices shall be one year, with eligibility for reelection.
When a member is unable to act because of interest, physical incapacity, absence or any other reason satisfactory to the Chairman, the Chairman shall designate an alternate member to sit in his or her stead.
An alternate member may attend all meetings of the Board and participate in its proceedings, but may vote only when s/he has been designated by the Chairman to sit for a member.
Any question of whether a member shall be disqualified from voting on a particular matter shall be decided by a majority vote of the members present except the member who is being challenged.
The Chairman shall call at least one regular meeting of the Board each month.
No meeting of the Board shall be held without a quorum consisting of three members or alternate members authorized to vote.
The Board shall adopt rules for transaction of business, and the Secretary shall keep a record of its resolutions, transactions, correspondence, findings and determinations. All records shall be deemed public and may be inspected at reasonable times.
The Board shall prepare and update the Comprehensive Plan as defined by 30-A M.R.S.A. § 4301 and shall prepare and recommend to the Selectmen amendments to Chapter 170, Zoning and the Zoning Map.
[Amended 5-1-1995 by ATM Art. 63]
The Board may prepare and recommend to the Selectmen regulations for the subdivision and development of land and prepare and recommend other such regulations for the health, safety and general welfare of the Town pursuant to the Comprehensive Plan.
The Board shall perform such duties and exercise such powers as are provided by ordinance, by the laws of the State of Maine and as directed by the Selectmen.
The Board may obtain goods and services necessary for its proper function within the limits of appropriations made for the purpose.