[HISTORY: Adopted by the Special Town Meeting
of the Town of Fairhaven 5-7-2005 by Art. 12. Amendments noted where applicable.]
A.
There is hereby established a Community Preservation
Committee consisting of nine voting members pursuant to Massachusetts
General Laws Chapter 44B. The Committee shall be appointed by the
Select Board and shall consist of the following members:
[Amended 5-6-2006 ATM by Art. 11; 5-5-2007 STM by Art. 20; 6-14-2021 ATM by Art. 46]
(1)
One member of the Conservation Commission as designated
by the Commission for a term of one year and thereafter for a term
of three years.
(2)
One member of the Historical Commission as designated
by the Commission for a term of one year and thereafter for a term
of three years.
(3)
One member designated by the Housing Authority to
represent the Authority for a term of one year and thereafter for
a term of three years.
(4)
One member of the Planning Board as designated by
the Board for a term of two years and thereafter for a term of three
years.
(5)
One member designated by the Board of Public Works
to represent the Board for a term of three years.
(6)
Four members to be designated by the Select Board
of which one will be for a term of two years and thereafter for a
term of three years and the other three for terms of three years and
thereafter for terms of three years.
B.
After the initial appointments, terms will begin on
July 1 of each year.
C.
The term shall automatically terminate prior to its
expiration in the event the Committee member no longer serves as a
member of the appointing authority.
D.
Should any commission, authority or board designating
a member for the Community Preservation Committee cease to exist for
whatever reason the Select Board will determine the appropriate alternative
designating commission, authority or board.
[Amended 6-14-2021 ATM by Art. 46]
A.
The Community Preservation Committee shall study the
needs, possibilities and resources of the Town regarding community
preservation. The Committee shall consult with existing Town boards,
including, inter alia, the Historical Commission, the Housing Authority,
the Conservation Commission, the Planning Board and the Board of Public
Works in conducting such studies. As part of its study the Committee
shall hold one or more public informational hearings on the needs,
possibilities and resources of the Town regarding community preservation
possibilities and resources, notice of which shall be posted publicly
and published for each of two weeks preceding a hearing in a newspaper
of general circulation in the Town.
B.
The Community Preservation Committee shall make recommendations
to the Town Meeting for the acquisition, creation and preservation
of open space; for the acquisition, rehabilitation, restoration and
preservation of historic resources; for the acquisition, creation
and preservation of land for recreational use; for the creation, preservation
and support of community housing; and for the rehabilitation or restoration
of such open space, historic resources, land for recreational use
and community housing that is acquired or created as provided in this
section. With respect to community housing, the Community Preservation
Committee shall recommend, wherever possible, the reuse of existing
buildings, or construction of new buildings on previously developed
sites.
C.
The Community Preservation Committee may include in
its recommendations to the Town Meeting a recommendation to set aside
for later spending funds for specific purposes that are consistent
with community preservation, but for which sufficient funds are not
then available in the Community Preservation Fund to accomplish that
specific purpose, or to set aside for later spending funds for general
purposes that are consistent with community preservation.
A.
The Community Preservation Committee shall not meet
or conduct business without the presence of a quorum. A majority of
the members of the Community Preservation Committee shall constitute
a quorum.
B.
The Community Preservation Committee shall approve
its actions by majority vote.
C.
Recommendations to the Town Meeting shall include
their anticipated costs.
This chapter may be amended from time to time
by a majority vote of the Town Meeting, provided that the amendments
would not be in conflict with Chapter 44B of the Massachusetts General
Laws.
In case any section, paragraph or part of this
chapter is for any reason declared invalid or unconstitutional by
any court of last resort, every other section, paragraph or part shall
continue in full force and effect.
[Amended 6-14-2021 ATM by Art. 46]
This chapter shall be submitted to the Attorney
General of the Commonwealth upon certification that a majority of
voters have approved a ballot question accepting sections 3 to 7,
inclusive, of Massachusetts General Laws Chapter 44B. Upon approval
of this chapter by the Attorney General of the Commonwealth, the Select
Board shall within 14 days request the designating commissions, authorities
or boards to designate a member to serve on the Community Preservation
Committee.
