[Adopted as Arts. 7, 14, 15, 17, 18, 29 and 31 of the 1981
Bylaws]
[Added 4-28-2003 ATM, approved 10-16-2003]
A.
There shall be a Conservation Commission for the Town in accordance
with MGL c. 40, § 8C ("§ 8C"), for the promotion
and development of the natural resources and for the protection of
watershed resources of the Town.
B.
The Conservation Commission shall consist of seven members appointed
by the Select Board for terms of three years in accordance with the
provisions of § 8C.
C.
The Conservation Commission shall make and publish from time to time
such rules and regulations as it deems necessary and shall cause the
same to be printed in suitable form for public distribution.
D.
The noncriminal disposition of violations of any rules or regulations
promulgated by the Conservation Commission is hereby authorized in
accordance with the provisions of MGL c. 40, § 21D ("§ 21D").
(1)
"Enforcing person" as used in this Subsection D shall mean any police officer of the Town, any member of the Conservation Commission and any other Town employee designated by the Conservation Commission an enforcing person.
(2)
An enforcing person taking cognizance of a violation of any rule
or regulation hereunder may, as an alternative to instituting criminal
proceedings, give the offender written notice to appear before the
Clerk of the District Court having jurisdiction thereof for the noncriminal
disposition thereof in accordance with § 21D. The provisions
of § 21D are incorporated herein by this reference.
A.
There shall be a Council on Aging for the Town in accordance with
MGL c. 40, § 8B.
B.
The Council on Aging shall consist of 11 members appointed by the
Select Board for terms of three years arranged so that the terms of
no more than four members shall expire in any year.
C.
The Council on Aging shall have the following powers and duties:
(1)
To identify the total needs of the Town's elder population;
(2)
To educate and enlist support and participation of all citizens concerning
these needs;
(3)
To design, promote or implement services to fill these needs or coordinate
existing services in the Town;
(4)
To promote and support any other programs for the elderly in the
Town;
[Amended 5-29-2013 STM, approved 10-8-2013]
(5)
To cooperate with the State Department of Elder Affairs or its successor
state agency; and
[Amended 5-29-2013 STM, approved 10-8-2013]
(6)
To be cognizant of federal and state legislation concerning funding,
information exchange and program planning designed to promote better
community planning for the elderly.
[Added 4-23-2007 ATM, approved 8-16-2007]
A.
There shall be a Disability Access Commission for the Town in accordance
with MGL c. 40, § 8J, which was accepted by the Annual Town
Meeting of April 26, 1993.
B.
The Disability Access Commission shall consist of seven regular and
two alternate members appointed by the Select Board. A majority of
the Commission members, including a majority of the regular members,
shall consist of people with disabilities, one regular member shall
be a member of the immediate family of a person with a disability,
and one regular member shall be an elected or appointed official of
the Town. The terms of regular and alternate members shall be three
years and arranged so that the terms of 1/3 of the members expire
each year. Upon the expiration of the term of a member, that member
or a successor shall be appointed to a term of a duration which is
consistent with the foregoing provisions of this subsection.
[Amended 5-29-2013 STM, approved 10-8-2013]
C.
In the case of the absence, inability to act or conflict of interest
of a regular member, or in the case of a vacancy on the Commission
until the vacancy is filled in accordance with MGL c. 40, § 8J,
the Chair of the Commission may designate an alternate member to serve.
D.
The purpose of the Disability Access Commission shall be to provide
for the full integration and participation of people with disabilities
in the Town of Belmont.
E.
The Disability Access Commission shall have all of the powers and
duties of disability commissions established pursuant to MGL c. 40,
§ 8J.
A.
There is established under the Historic Districts Act, MGL c. 40C,
a Belmont Historic District Commission consisting of seven members
to be appointed by the Select Board, including one member, where possible,
from two nominees submitted by the Belmont Historical Society; one
member, where possible, from two nominees, one of whom shall be submitted
by the chapter of the American Institute of Architects covering Belmont
and one of whom shall be submitted by the Boston Society of Landscape
Architects; and one member, where possible, from two nominees of the
Board of Realtors covering Belmont. One or more of the foregoing shall
be a resident of an historic district established in Belmont pursuant
to the Historic Districts Act. The Select Board shall also appoint
three alternate members of the Commission.
[Amended 4-22-1991 ATM, approved 6-3-1991]
B.
There is established under the provisions of the Historic Districts
Act, as amended, an historic district to be known as the "Wellington
Historic District," bounded as shown on a map entitled "Plan Showing
Wellington Historic District, Pleasant Street, Belmont, Mass.," dated
December 16, 1971, prepared by the Town Engineer, which shall be a
part of this bylaw.
C.
There is established under the provisions of the Historic Districts
Act, as amended, an historic district to be known as the "Richardson
Farm Historic District," bounded as shown on a map entitled "Plan
Showing Richardson Farm Historic District, Washington Street, Blanchard
Road, and Glenn Road Belmont, Mass.," dated March 15, 2013, prepared
by the Town Engineer, which shall be a part of this bylaw.
[Added 4-29-2013 ATM, approved 10-9-2013]
D.
Thaddeus Frost House Historic District. There is established, under
the provisions of MGL c. 40C, as amended, an historic district to
be known as the "Thaddeus Frost House Historic District," bounded
and described as shown on the map entitled "Plan Showing Thaddeus
Frost House Historic District, 291 Brighton Street, Belmont, Mass.,"
dated February 7, 2018, prepared by the Town Engineer, which shall
be a part of this section.
[Added 4-30-2018 ATM,
approved 9-5-2018[1]]
E.
The Commission established hereunder shall have all of the powers
and duties of the Belmont Historical Commission, as provided in MGL
c. 40, § 8D, and, upon the establishment of the Commission
hereunder, the former Belmont Historical Commission shall cease to
exist.
F.
The Commission shall have all of the powers and duties of an historic
district commission and all of the powers and duties of an historical
commission (and may in the exercise of any of the powers and duties
accept money gifts and expend the same and, subject to appropriation
or receipt of such gifts, employ clerical and technical assistants
or consultants), and the aforesaid powers and duties shall include
without limitation the following:
(1)
To conduct a survey of Belmont buildings for the purpose of determining
those of historic significance, architecturally or otherwise, and
pertinent facts about them, acting in collaboration with the Planning
Board and the Belmont Historical Society to the extent either may
from time to time be able to undertake such work, and to maintain
and from time to time revise detailed listings of historic sites and
buildings in Belmont and data about them appropriately classified
with respect to national, state or local significance, to period or
field of interest, or otherwise;
(2)
To propose from time to time as it deems appropriate the establishment,
in accordance with the provisions of the Historic Districts Act, of
additional historic districts and changes in historic districts;
(3)
To determine an appropriate system of markers for selected historic
sites and buildings not already sufficiently marked, to arrange for
preparation and installation of such markers and to arrange for care
of historic markers;
(4)
To arrange for preparation and publication of maps and brochures
and descriptive material about Belmont historic sites and buildings,
arrange for convenient walks or tours, or otherwise;
(5)
To cooperate with and advise the Planning Board, the Highway Department
and other Town departments in matters involving historic sites and
buildings;
(6)
To cooperate with and enlist assistance for Belmont from the National
Park Service, the National Trust for Historic Preservation, the Society
for the Preservation of New England Antiquities, and other agencies,
public and private, from time to time concerned with historic sites
and buildings; and
(7)
To advise owners of historic buildings in Belmont on problems of
preservation.
G.
The Commission may recommend to the Select Board as needed appointment
of advisory committees of historians and persons interested in architecture
or other arts or in historic restoration or preservation to assist
in a manner comparable to the National Park Service Advisory Board
or Consulting Committee.
H.
The Commission shall adopt rules and regulations for the conduct
of its business not inconsistent with the provisions of the Historic
Districts Act, the provisions of MGL c. 40, § 8D (the Historical
Commission Act), or this section, as the case may be.
[Amended 5-29-2013 STM, approved 10-8-2013]
I.
When taking action under the provisions of Section 11 of the Historic
Districts Act,[2] the Commission shall make its determination within 45
days after the filing of the application for a certificate of appropriateness
or hardship or such further time as the applicant may in writing allow.
[2]
Editor's Note: See MGL c. 40C, § 11.
J.
In case any subsection, paragraph or part of this section is for
any reason declared invalid or unconstitutional by any court, every
other subsection, paragraph or part shall continue in full force and
effect.
[Amended 5-29-2013 STM, approved 10-8-2013]
A.
The Planning Board established under MGL c. 41, § 70, shall
consist of five members who shall be appointed by the Select Board;
provided, however, that nothing in this subsection shall be construed
to limit the authority of the Select Board, pursuant to Section 7
of the Zoning Bylaw, to appoint an associate member for the purposes
set forth therein.
[Amended 11-8-2010 ATM, approved 12-16-2010]
B.
In the performance of its duties prescribed by law, the Planning
Board shall from time to time confer with the Select Board, the Inspector
of Buildings, and any other Town board or committee which the Planning
Board determines would be able to provide information or assistance
to it.
[Amended 5-29-2013 STM, approved 10-8-2013]
A.
There shall be a Recreation Commission consisting of nine members
appointed by the Select Board.
B.
The Select Board acting as the Board of Park Commissioners shall
be responsible for the operation of the Recreation Department and
shall appoint a Director of the Department.
[Amended 4-27-2009 ATM, approved 10-1-2009]
C.
The Commission shall be responsible for the establishment of policies
for the use of all playgrounds and recreation facilities of the Town
which are not under the control of the School Department. The Commission
and the School Department shall cooperate to the end that optimum
use may be made of all of the Town's recreation facilities.
[Amended 4-27-2009 ATM, approved 10-1-2009]
E.
The Commission shall establish such reasonable fees for use of any
recreation facilities and programs as it deems to be consistent with
recreation policy.
F.
The Commission shall prepare an annual budget for the Recreation
Department to be submitted to the Select Board for approval on a schedule
to be established by the Select Board.
G.
The recreation revolving fund established pursuant to MGL c. 44,
§ 53D, shall be subject to annual authorization by a vote
of the Annual Town Meeting.
[Added 6-14-1993 ATM, approved 8-20-1993]
H.
Pursuant to MGL c. 45, §§ 5 and 14, and this section,
the Select Board, acting in its capacity as the Board of Park Commissioners,
and the Recreation Commission are authorized to jointly promulgate
such rules and regulations for the use and government of all public
parks, playgrounds, and recreation centers within the Town of Belmont
as they deem necessary.
[Added 4-27-2009 ATM, approved 10-1-2009; amended 5-29-2013 STM,
approved 10-8-2013]
(1)
Violation of any rule or regulation adopted under Subsection H shall be punished by a fine of $100 and may also be enforced by noncriminal disposition as provided in MGL c. 40, § 21D ("§ 21D"). The penalty under said § 21D for such violation shall be $50 for each offense.
(2)
An enforcing person taking cognizance of a violation of any rule or regulation adopted under Subsection H shall give the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof for the noncriminal disposition thereof in accordance with the provisions of § 21D. The provisions of § 21D are incorporated herein by this reference.
[Amended 4-28-2003 ATM, approved 10-16-2003]
A.
There shall be a Water Advisory Board consisting of three members
appointed by the Select Board in a manner consistent with Article
1 of this chapter.
B.
The Water Advisory Board shall serve as the principal advocate for
Town actions, policies, operational management, financial practices
and capital investments that will result in the sustained provision
of high-quality water service. In carrying out these responsibilities,
the Water Advisory Board, acting in an advisory role to the Select
Board, shall:
(1)
Oversee the preparation of a Water Capital Plan that identifies system
capital needs, prioritizes and schedules projects and specifies methods
of financing and implementing the Water Capital Plan. Preparation
and implementation of the Water Capital Plan shall provide for the
coordination of projects with the work of other public agencies and
private utilities. The Water Capital Plan shall be effective upon
its adoption by the Select Board and approval by the Capital Budget
Committee. The Water Capital Plan shall be reviewed and revised not
less than every five years;
(2)
Recommend to the Select Board the scope of work for any professional
engineering work relating to preparing or implementing the Water Capital
Plan. The Director of Public Works shall consult with the Water Advisory
Board on the selection of a professional engineer;
(3)
Advocate for actions, consistent with the priorities of the Select
Board, to implement the Water Capital Plan in the annual Town budget
process and for such other programs and activities that in its judgment
will enhance the quality, efficiency or effectiveness of the water
service;
(4)
Serve as the steward of the financial condition of the Belmont water
system by recommending rates, charges and fees for water services
provided by the Town that will fully recover the cost of providing
water services and that are fair and equitable. In carrying out this
responsibility, the Water Advisory Board shall annually examine the
revenue requirements of the water function. During the annual Town
budget process it shall make specific recommendations to the Select
Board for a revenue structure that will be adequate to provide for
the financial needs of the water function in the next fiscal year;
(5)
Establish policies for the adjustment of bills by the Director of
Public Works due to disputes, hardship or error. These policies shall
be effective upon approval by the Select Board. In addition, the Water
Advisory Board shall serve as the appeals board for citizens aggrieved
by the implementation of adjustment policies by the Director of Public
Works unless the Select Board votes to assume this responsibility;
(6)
Develop and monitor a cost allocation plan for indirect and overhead
costs and any other charges that are charged to the Town's Water Special
Revenue Fund. Develop and monitor a cost recovery plan to secure payment
from non-water functions for the use of equipment and labor funded
by the Water Special Revenue Fund. The cost allocation plan and cost
recovery plans shall be effective upon approval by the Select Board.
Indirect and overhead costs shall not be charged to the Water Special
Revenue Fund in a manner inconsistent with the cost allocation plan
recommended by the Water Advisory Board and approved by the Select
Board. Equipment and labor funded by the Water Special Revenue Fund
shall not be utilized for non-water functions until a cost recovery
plan has been recommended by the Water Advisory Board and approved
by the Select Board; and
(7)
Prepare an annual report in order to inform and educate the citizens
of Belmont about the physical and financial condition of the water
system. The annual report shall include comprehensive information
on the income and expenses of operating the water function, the effect
of the cost allocation and cost recovery plans on the Water Special
Revenue Fund, the status of the Water Special Revenue Fund, progress
in implementing the Water Capital Plan and other information the Water
Advisory Board deems relevant to citizen understanding of the water
system. This report shall be included in the Annual Town Report.
C.
All of the duties and responsibilities of the Water Advisory Board
shall be carried out in consultation with the Director of Public Works.
The Director of Public Works shall provide reasonable clerical and
professional staff support to the Water Advisory Board in the execution
of its responsibilities.
D.
The Water Advisory Board shall assume additional responsibilities
from time to time as may be determined by the Select Board.
