[HISTORY: Adopted by the Special Town Meeting of the Town of Fairhaven 5-7-2005 by Art. 12. Amendments noted where applicable.]
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 Board of Selectmen and shall consist of the following members:
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.
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.
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.
[Amended 5-6-2006 ATM by Art. 11]
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.
Four members to be designated by the Board of Selectmen 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.
After the initial appointments, terms will begin on July 1 of each year.
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.
Should any commission, authority or board designating a member for the Community Preservation Committee cease to exist for whatever reason the Board of Selectmen will determine the appropriate alternative designating commission, authority or board.
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.
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.
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.
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.
The Community Preservation Committee shall approve its actions by majority vote.
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.
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 Board of Selectmen shall within 14 days request the designating commissions, authorities or boards to designate a member to serve on the Community Preservation Committee.