[Adopted 12-3-1973 (Ch.
2, Art. VI, of the 2007 Code)]
[Amended 12-21-2020 by Ord. No. 2020-153; 5-16-2022 by Ord. No. 2022-66]
Pursuant to 30-A M.R.S.A. § 3001, there is hereby
created a Planning Board, which shall consist of seven members and
two alternate members who must be residents and registered voters
of the City of Westbrook. A municipal officer shall not be a member
of the Board.
[Amended 11-1-2004; 5-16-2022 by Ord. No. 2022-66]
The seven members and two alternate members of the Planning
Board shall be appointed by the Mayor, subject to the approval of
the City Council. Except to fill vacancies for terms existing on the
date of this amendment, new terms shall be for three years and until
a successor is appointed. Appointments shall be staggered to retain
a majority of the Board, and the terms of no more than three members
shall expire per year. No more than five Planning Board members shall
reside in the same voting ward.
[Amended 5-16-2022 by Ord. No. 2022-66]
The City Council shall establish a rate of compensation for
the members of the Planning Board under the City salary ordinance
based on attendance at meetings. No member shall receive compensation
unless the approved minutes of that meeting shall indicate their presence.
[Amended 5-16-2022 by Ord. No. 2022-66]
A vacancy shall occur upon the resignation or death of any member
of the Planning Board, or when a member ceases to be a resident of
the City, or when a member fails to attend four consecutive regular
and special meetings, or who fails to attend at least 75% of all meetings
during the preceding twelve-month period. City staff will notify the
Administration of all vacancies. The Board may recommend to the Mayor
and Council that the attendance provision be waived for cause, in
which case no vacancy will then exist until the Council disapproves
the recommendation.
Any member of the Planning Board may be removed for good and
sufficient cause, on complaint of the Mayor sustained by a two-thirds
vote of the City Council.
[Amended 5-16-2022 by Ord. No. 2022-66]
Upon the appointment of the members to the Planning Board, they
shall meet and elect a Chair and a Vice Chair and such other officers
as they may deem advisable to serve for a period of one year and until
a successor is elected, and they may succeed themselves in office
if so elected for a period not to exceed five consecutive one-year
terms.
The Planning Board shall hold regular meetings and shall designate
the time and place thereof, and shall keep a record of all its proceedings.
Special meetings may be held upon the call of the Chair or in his
absence the Vice Chair, and at such other times as the Board may determine,
provided at least 24 hours' notice of the meeting be given to each
member. All records shall be deemed public after acceptance by the
Board and may be inspected at reasonable times. Four members of the
Board shall constitute a quorum.
No member of the Planning Board shall vote on any matter in
which he has a conflict of interest. All questions of a conflict of
interest as to any member must be raised prior to voting. Any question
of whether a member shall be disqualified from voting on a particular
matter shall be decided by a majority vote of the Board; however,
at least three affirmative votes shall be required. The member being
challenged shall have no vote.
The Planning Board shall adopt rules and regulations for the
transaction of its business, and may establish a schedule of filing
fees relative to matters presented to the Board by the public to cover
the administrative costs of public hearings, all of which shall be
subject to Council approval.
The Planning Board shall:
A.
Prepare a Comprehensive Plan for the development of the community.
In the preparation of a Comprehensive Plan, the public shall be encouraged
to participate. The plan must be given a public hearing prior to its
being adopted by the Planning Board.
B.
Exercise such powers and perform such duties and functions as are
authorized and provided for under the City's Code and the laws of
the state pertaining to zoning, subdivisions, and land development
throughout the community.
C.
Subject to the approval of the City Council, make and enter into
such contracts as it may deem advisable to carry out the objectives
and purposes of the Board, and shall have such other powers and perform
such other duties as may be necessary for the administration of its
affairs on behalf of the City, and may obtain goods and services necessary
for its proper function as approved by the City Council within the
limits of its budget or as otherwise supplemented by the City Council.
[Amended 9-22-1986]
A.
In matters of a general nature on which a vote is taken by the Planning
Board, a majority of those present, and constituting a quorum, shall
be sufficient. However, in any and all matters pertaining to changes
in the Comprehensive Plan, or the Official Map, or approval of definitive
plans or conditional uses, or recommendations on the disposition of
City property, or any recommendations on capital improvement programs
or any action involving appropriations and expenditures of any monies
or recommendations to the Board of Appeals, an affirmative vote of
a majority of all the members of the Board (four votes) shall be necessary
for its passage.
[Amended 10-28-1996; 5-16-2022 by Ord. No. 2022-66]
The Planning Board shall be an advisory body to the City Council, and Chapter 335, Land Use, of the City Code shall not be revised or amended until the Board has made a careful investigation of all proposed revisions or amendments in conjunction with the City's Comprehensive Plan. When the Council directs the Planning Board, in writing, to study and report back on proposed revisions or amendments to ordinances, the Board shall make its official report to the City Council within 60 days unless a longer period of time has been granted by the Council. The failure of the Board to issue its report within the allotted time span shall be deemed to be a negative report. Any proposed revisions or amendments to Chapter 335, Land Use, of the City Code which have been approved or disapproved by the Board may be enacted only by a majority (four votes) of all the members of the Council.
The present Planning Board shall continue in existence and continue
its functions until a new Planning Board is organized, and the City's
present Comprehensive Plan shall continue in full force and effect
until a new Comprehensive Plan is adopted, as herein provided for.
[Added 3-18-2019 by Ord.
No. 2019-39]
A.
Powers and duties. The Village Review Overlay Zone Committee (VROZ Committee) is charged with reviewing development within the Village Review Overlay Zone, where required by ordinance and shown on the Official Zoning Map. The VROZ Committee provides guidance to the Planning Board, City staff and developers, promotes the architectural integrity of the zone and reviews proposals for compliance with VROZ standards as outlined in Chapter 335, Land Use, of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Membership
and qualifications. "VROZ Committee" shall mean a committee of at
least three members but no more than five. Members shall be residents
of the City of Westbrook and shall demonstrate exceptional knowledge
in the areas of architecture, design, and/or historic preservation.
C.
Limitations
on membership. A member of the Planning Board may not be a member
of the VROZ Committee.
D.
Appointments
and terms of office. Appointments are nominated by the Mayor and approved
by the municipal officers. The term of office of a member is three
years, terms of members to be staggered.
E.
Meetings.
Meetings are scheduled on an as-needed basis in coordination with
the VROZ Committee members.
