There shall be a Department of Planning and Development (as provided in Section 5-5 of the Charter) which shall be responsible for the coordination of all of the planning and development-related activities of the City and for the supervision and coordination of all activities of all City agencies in relation to any planning and development-related activities conducted by any such agency of the City.
The Planning Department shall administer governmental and municipal
functions and responsibilities in the field of City planning, and
coordinate efforts directed toward the future development of the City
to assure its continued improvement consistent with its physical,
social and economic conditions and resources.
The Planning Department shall consist of a Planning Director
as the head thereof, and such subordinate officers and employees as
the City Council, with the advice of the Mayor, shall determine are
necessary for the proper administration of the Department. All appointments,
including that of the Planning Director, shall be made by the Mayor,
subject to the confirmation of the City Council. All positions, except
that of the Planning Director, shall be subject to the provisions
of Chapter 31 of the General Laws.
The Department of Planning and Development shall be responsible
for the coordination of all planning and development-related activities
of the City government and shall include the following agencies and
functions:
A.
Planning Board.
B.
Board of Appeals.
C.
Conservation Commission.
D.
Historic District Commission.
E.
Industrial Development Finance Authority.
F.
Design Review Board.
G.
Parking and Traffic Commission.
H.
Economic and Community Development Council.
I.
Community Development Office.
J.
Airport Commission.
K.
Beverly Harbor Management Authority.
The Department of Planning and Development shall consist of
the following offices, whose duties and powers shall be set forth
by ordinance:
A.
Planning Office. The Planning Office shall make careful studies of the resources, possibilities and needs of the City and shall make careful plans for the development of the City. The Planning Office shall include a Planning Board. The Planning Board shall have the power to regulate the development of land within the City, as authorized by MGL c. 41, §§ 81A through 81GG, by the adoption, administration and enforcement of rules and regulations. The Planning Board shall report to the City Council its recommendations for all amendments and revisions of Chapter 300, Zoning, of the City Code as is provided in MGL c. 40A, § 5. The Planning Board shall be a special permit granting agency as specifically provided in Chapter 300, Zoning, and as provided in MGL c. 40A, § 9.[1]
B.
Zoning Appeals Office. The Zoning Appeals Office shall consist of a Board of Appeals as may be provided for by ordinance and in Chapter 300, Zoning. The Board of Appeals hears and decides individual cases brought by persons seeking land use relief; all as provided for in MGL c. 40A, §§ 7 through 17, and Chapter 300, Zoning. The Board of Appeals shall be a special permit granting agency for certain uses which are specifically provided in Chapter 300, Zoning, and as provided in MGL c. 40A, § 9. The Board of Appeals acts on matters of subdivision control under the applicable sections of MGL c. 41, §§ 81Y, 81Z, 81AA, and 81BB, and decides on comprehensive permits pursuant to the provisions of MGL c. 40B, §§ 20 through 23.[2]
C.
Conservation Office. The Conservation Office shall consist of a Conservation Commission of seven members as shall be provided for by ordinance. The purpose of the Conservation Commission is to protect, promote and enhance the quantity and quality of the natural resources within the City, especially wetlands, wildlife and water resources, through planning, acquisition, land management, regulation, scientific research and public education. The Conservation Commission may conduct researches into its local land areas, and shall seek to coordinate the activities of unofficial bodies organized for similar purposes. The Conservation Commission is an advisory and regulatory committee of the City. The Conservation Commission may receive gifts, bequests, or devises of personal property or interests in real property in the name of the City, subject to approval of the Mayor. The Conservation Commission may receive monetary gifts for development of a Conservation Fund, and expend the same, subject to the General Laws and the approval of the Mayor. The Conservation Commission is responsible for the implementation of the provisions of MGL c. 131, §§ 40 and 40A, and Chapter 287, Wetlands Protection, of the City Code, in protecting riverfront areas, floodplains, sea coasts, water bodies and other wetlands and inland wetlands within the City, and of the wetlands protection and aquifer protection provisions of the general ordinances of the City (if any). The Conservation Commission is responsible, with the Parks and Recreation Commission, for development and adoption of the City's Open Space and Recreation Plan. The Conservation Commission may adopt policies and promulgate land management plans for properties of the City reserved for conservation purposes.
D.
Historic Districts Office. The Historic Districts Office shall consist
of an Historic Districts Commission to consist of not less than five
members nor more than seven members as provided for by ordinance.[3]
(1)
The Historic Districts Office shall seek to preserve, protect, and
develop the historical and archaeological assets of the City. The
Historic Districts Office may conduct research for places of historic
and archaeological value, and shall cooperate with the State Archaeologist
in conducting such research. The Historic Districts Office shall seek
to coordinate the activities of unofficial bodies organized for similar
purposes and may, subject to appropriation and approval by the Mayor,
advertise, prepare, print and distribute books, maps, charts, plans
and pamphlets which it deems necessary for its work.
(2)
The Historic Districts Office, for the purpose of protecting and
preserving such places, may make such recommendations as it deems
necessary to the Mayor and City Council, and, subject to the approval
of the City Council, to the Massachusetts Historical Commission, that
any such place be certified as an historical or archaeological landmark.
(3)
The Historic Districts Office may hold hearings, may recommend to
the Mayor execution of contracts with individuals, organizations and
institutions or services furthering the objectives of their program,
may recommend to the Mayor execution of contracts with local or regional
associations for cooperative endeavors furthering their program, and
may, with the approval of the Mayor, accept gifts, contributions and
bequests of funds from individuals, foundations and from federal,
state or other governmental bodies for the purpose of furthering its
programs. The Historic Districts Office may recommend to the Mayor
the acquisition of property by gift, purchase, grant, bequest, devise,
lease or otherwise of a fee or lesser interest in real or personal
property of significant historical value.
E.
Office of Community Development. The Economic Development Office
shall include an Office of Community Development. The Office of Community
Development shall formulate, under the auspices of the Mayor, a community
and economic development policy. The Office of Community Development
shall provide a vehicle for coordination and communication between
all development agencies and officials and the Mayor's office in order
to ensure a timely governmental response to development issues, opportunities
and problems. The Office of Economic Development shall include an
Industrial Development Finance Authority as provided for by ordinance.[4]
