[Ord. of 12-6-1994]
Pursuant to the Charter, the home rule powers granted to the
City and provisions of the Maine Revised Statutes, as well as rulings
of state courts relating to the foregoing, the City council does hereby
adopt this division to regulate the affairs and doings of the City
planning board.
[Ord. of 12-6-1994, § 1]
The membership of the planning board, and provisions relating
thereto with regard to vacancies, shall be in accordance with article
VI, section 10 of the Charter as from time to time amended. Associate
members shall be nonvoting members, except when designated by the
planning board chair to vote due to the absence of a regular voting
member, or due to the inability of a regular voting member to vote
because of bias, conflict of interest, or any other reason which would
prevent a regular voting member from participating.
[Ord. of 12-6-1994, § 2]
Any member of the planning board may be removed by a majority vote of the voting members of the City council if the council finds just cause or a violation of the attendance requirements established in this division or for an intentional violation of the provisions of section
70-59 or
70-60. Such removal shall occur only following notice and opportunity for hearing before the City council.
[Ord. of 12-6-1994, § 3]
Members shall be required to regularly attend planning board
meetings. A member who fails to attend three consecutive meetings
or fails to attend at least 75% of all regular and special planning
board meetings held during the preceding twelve-month period may be
removed for cause. Such removal shall occur after notice and opportunity
to be heard before the City council. In considering whether to remove
a member for attendance violations, the City council shall have broad
discretion to determine whether the attendance violations were substantially
justified or excused due to health, business or other personal considerations
of an extremely serious nature, which substantially justify the failure
to attend. It is the intent of this provision to grant the City council
broad discretion in reaching its conclusion with regard to such issue.
[Ord. of 12-6-1994, § 4]
The voting members of the planning board shall elect a chair
and recording secretary from its members. The term of all officers
shall be for one year, with eligibility for reelection. Elections
shall occur at the first regular meeting of the planning board during
the month of September.
[Ord. of 12-6-1994, § 5]
When any person who under state law would generally be construed
as having legal standing to address a particular application or project
before the board claims bias on the part of any planning board member,
the chair shall designate an associate member to sit with the balance
of the planning board to consider the alleged bias. The person so
charged shall not vote. Upon a majority vote of the planning board
so constituted, the issue of bias shall be resolved. If there is no
bias found by the board as so constituted, the person so charged may
return to the board as a voting member with regard to the project
or application for which bias was charged. Conflicts of interest as
defined under state law shall likewise be ruled upon in the same manner
by the planning board. For the purpose of this section, bias shall
be construed as holding an opinion concerning an application or a
project prior to review thereof, which would prevent that person from
making an impartial decision regarding the application or project,
thereby depriving the applicant or any opponent having legal standing
of due process and a right to a fair and objective hearing. Both opponents
and proponents of a project with sufficient legal standing may raise
issues of bias or conflict of interest.
[Ord. of 12-6-1994, § 6]
The chair of the planning board, in addition to the powers otherwise
enumerated in this division, shall preside over the meetings of the
planning board and shall rule on procedural issues which may come
before the planning board, and such rulings shall be final. It is
the intent of this provision to grant to the chair of the planning
board maximum discretion in conducting planning board meetings and
ruling on procedural matters which properly are raised at a meeting.
In the absence of the chair at a scheduled planning board meeting,
the recording secretary shall become the acting chair, or in the case
of disability of the planning board chair a majority of the voting
members of the planning board shall select a temporary chair, who
shall be designated chair pro tem, who shall have all of the duties
and powers of the chair described in this section during the meeting,
or in the event of an extended absence or disability of the regular
planning board chair shall have, between meetings, for a period designated
by the planning board, the powers conferred upon the planning board
chair contained in this division.
[Ord. of 12-6-1994, § 7]
The planning board shall hold regular board meetings on the
second and fourth Wednesday of each month and may call special planning
board meetings by either of the two following methods. The chair may
call a special planning board meeting. Four-fifths of the voting members
of the planning board may call a special planning board meeting by
signing a notice of the meeting indicating the time and place of the
meeting and serving such notice in person to or leaving such notice
at the usual dwelling place of each member of the board and the City
manager and notifying at the same time both of the local weekly newspapers
published in the City.
[Ord. of 12-6-1994, § 8]
Except with the consent and approval (outside of a regular planning
board meeting) of the planning board chair or the City manager, no
planning board member shall incur expense or seek legal opinion from
either the City attorney or the Maine Municipal Association legal
services staff. This prohibition shall extend only to the solicitation
of legal advice with regard to matters before the planning board and
shall not be construed to impair the right of any member at his own
expense to procure such legal services as he may feel are necessary
and desirable to represent the member's personal interests.
[Ord. of 12-6-1994, § 9]
Except with approval of the planning board chair or the City
manager, no planning board member shall, outside of a regular or special
planning board meeting, communicate or engage in contact with any
applicant or agent or employee or attorney of any applicant having
an application or project pending before the planning board. This
shall not apply to contact unrelated in any way to such application.