[HISTORY: Adopted by the Planning Board of the Town of Rye 4-14-1998, as amended through 4-9-2019; codification approved 2-11-2020.
Subsequent amendments noted where applicable.]
These Rules of Procedure are adopted under the authority of
NH RSA 676:1.
To establish rules guiding all Planning Board functions — organization,
conduct of meetings, duties of officers and committees, conflict of
interest, etc. Each member and alternate shall have his own personal
copy of this document and become familiar with its contents.
A.
Election of officers. The Planning Board shall elect annually by
a majority vote of the Board at its first meeting following the Rye
Town Meeting a Chair, Vice Chair and Clerk. All officers shall serve
for a one-year term and shall be eligible for reelection.
B.
Duties.
(1)
Chair. The Chair shall preside over all regular meetings and hearings;
appoint members to such temporary committees as he/she deems necessary
or as directed by the Board; act on behalf of the Board on matters
authorized by the Board; and perform other duties required of the
presiding officer.
(2)
Vice Chair. The Vice Chair shall preside in the absence of the Chair
and shall have the full powers of the Chair on all matters that come
before the Board in the Chair's absence.
(3)
Clerk. The Clerk shall assure that the minutes are taken for every
meeting, that the minutes are approved and filed with the Town Clerk
in a timely fashion, and that an attendance record is kept for all
Board members and alternates. The Clerk may, if necessary, sit as
Acting Chair.
C.
Committees. The Rye Planning Board shall have the standing committees
listed below and any temporary committees as may be designated from
time to time by the Chair or the full Board. The purpose of standing
committees is to organize and facilitate the work of the Board and
to encourage citizen participation in formulating policy. These rules
are not intended to delegate in any way the responsibilities for decisions
which are assigned by law to the entire Planning Board acting body.
The three committees shall report to the full Board where final actions
will be taken. Committees will consist of three members who may be
Planning Board members and/or alternate members. Committee members
shall be appointed by the full Board for a one-year term. The full
Board will elect the chair of each subcommittee. The committee chair
will ensure that minutes are prepared and furnish copies to the committee
members, Planning Board Chair, Planning and Zoning Administrator and
other interested parties. The chair will properly notice its meetings
in accordance with RSA 91-A and ensure that such notices are at two
places, such as the Town Hall and Rye public library, as well as post
on the Town website. The committee chair will be responsible for the
security of the Town Hall during meetings held after regular business
hours.
(1)
Technical Review Committee. This Committee is responsible for and
may assist the Board in verifying that conditions of approval have
been met before plans are signed by the Chair.
(2)
Long-Range Planning Committee. This Committee is responsible for
periodic updating of the Rye Master Plan and for soliciting comments
and communication effectively with the Selectmen, boards, commissions,
department heads and the public in long-range planning matters. The
Committee will report periodically to the full Board concerning its
activity and will be responsible for conducting public hearings and
final formatting and publication of the updated plans and studies.
(3)
Rules and Regulations Committee. This Committee will be responsible
for periodic updating of the Rules of Procedure, the Zoning Ordinance,
the Land Development Regulations, the Floodplain Ordinance and, with
the assistance of the Building Inspector, the Building Code.[1] Ambiguity and lack of clarity should be eliminated where
possible. The Committee will seek input from Town department heads,
specifically including the Board of Adjustment, the Conservation Commission,
Public Works, Police and Fire Departments, Board of Selectmen, and
Board of Sewer Commissioners, to assist in determination of revisions
of regulations and procedures. Proposed changes will be submitted
to the full Board periodically and to the public. The Committee will
be responsible for final formatting and publication with assistance
from Town Counsel.
A.
Regular meetings. Regular meetings of the Board shall customarily
be held in the lower meeting room of the Rye public library, 581 Washington
Road, at 6:00 p.m. on the second Tuesday of each month. The Chair
may cancel a regular meeting if there are no subdivision or site review
applications pending and if, in his/her opinion, there is no other
urgent business pending or if a quorum of Board members will not be
present. The Board may schedule its monthly meeting on other than
the second Tuesday of a particular month for cause such as conflicts
with holidays or other meetings of local interest or an anticipated
unavoidable absence of a quorum.
B.
Other meetings. The Board may meet at other times at its own discretion
or at the call of the Chair, provided every member has at least 24
hours' notice of the meeting, excluding Sundays and legal holidays.
Work meetings may be held on the call of the Chair or at the request
of three primary Board members, provided public notice and notice
to each member is given in accordance with RSA 91-A:2, II.
C.
Public meetings.
(1)
Every attempt will be made by the Board to receive testimony at a
public hearing and render a decision on all applications in a timely
manner. If, in the opinion of the Chair, it appears that all of the
business of a regular meeting cannot reasonably be started before
10:00 p.m., with the concurrence of a majority of the Board members
present, the Board at its discretion may opt to defer action on such
application(s) which business cannot be completed to the next scheduled
Board meeting. In special circumstances, the Board may elect, by a
majority of the Board, to hold a special meeting outside the normal
meeting schedule to accommodate the applicant, Board members, and
other parties that may be affected.
(2)
The Board will not ordinarily commence consideration of an application
or other matter filed by an applicant or other member of the public
after 9:00 p.m. and the meeting shall end no later than 10:00 p.m.
unless a majority of Board members present waive these provisions.
However, if the applicant or any abutter objects to the Board hearing
a specific case after 9:00 p.m., then the Board will table that application
until the next regularly scheduled meeting.
D.
Nonpublic meetings. All meetings of the Board shall be open to the
public except for nonpublic sessions which shall be held in accordance
with RSA 91-A:3 (the Right-to-Know Law). Before entering into a nonpublic
session, the Board shall cite one of the specific statutory reasons
for the nonpublic session by a motion with the roll call vote to be
recorded. While in nonpublic session, the Board is limited to consideration
of the subject which was the reason for entering the nonpublic session.
Minutes of nonpublic sessions must be maintained and be disclosed
to the public as prescribed by statute, unless 2/3 of the members
vote to seal the minutes after a determination that divulgence of
the information likely would affect adversely the reputation of any
person other than a member of the Board itself or render the proposed
action ineffective.
E.
Public notice. Public notice of all Board and committee meetings
shall be posted at two public places, such as the Town Hall and the
Rye post office or Rye public library, at least 24 hours before the
meeting, excluding Sundays and legal holidays, and on the Town website.
Notice shall include the agenda of said meeting. New Hampshire RSA
91-A:2 shall be followed with every notice.
F.
Quorum. A quorum for all meetings of the Board shall be four members,
including alternate members sitting for primary members. If any primary
member is absent from any meeting or hearing or disqualifies himself/herself
from sitting on a particular case, the Chair shall designate an alternate
member to sit in place of the absent or disqualified member. Such
alternate member shall be in all respects a full member of the Board
while so sitting.
G.
Meeting attendance.
(1)
Six members are elected and up to five alternates are appointed,
plus the Selectmen's representative, to serve the Town diligently
in all Planning Board matters. Multiple meetings and hearings are
frequently required before final Board action can be taken on an application.
Continuous failure by regular members, as well as alternates, to attend
these meetings can result in serious information gaps causing an inadequate
basis for decision making. In view of the ninety-day processing limit
imposed by state statutes, and in fairness to both the applicant and
the Town, Planning Board members and alternates must be in attendance.
(2)
Chronic absence (missing 30% or more of the regular meetings/hearings
in a four-month period without proper cause) shall be handled as follows:
(a)
First instance. A written notice of poor attendance shall be
sent to the member/alternate by the Chair.
(b)
Second instance. If the member/alternate does not resign, the
Board may, upon the vote of five or more members, recommend removal
to the Board of Selectmen in accordance with RSA 673:13. In addition,
the Clerk shall post attendance records of each member/alternate in
a public place.
H.
Designation of sitting alternates. If any member of the Board is
absent from any meeting or hearing or disqualifies himself from sitting
on a particular matter, the Chair shall designate one of the alternate
members to sit in place of the absent or disqualified member and such
alternate shall be, in all respects, a full member of the Board while
so sitting. Only a duly appointed Selectmen's alternate may sit
for an absent Selectmen's representative. The Rye Planning Board
follows the practice of allowing all alternates present at a meeting
to fully participate in discussions, even if an alternate is not seated
in place of an absent member.
I.
Order of business. The order of business for regular meetings shall
be as follows:
(1)
Call to order.
(2)
Designation of sitting alternates.
(3)
Minutes of prior meeting(s).
(4)
Submittal of applications for determination of completeness.
(5)
Public hearings.
(6)
Nonpublic hearings (lot lines, conceptual).
(7)
Committee reports.
(8)
Communications/miscellaneous.
(9)
Public comment.
(10)
Adjournment.
J.
Minutes. All minutes of meetings will be completed and filed with
the Town Clerk within five business days of the meetings. (RSA 91-A:2)
K.
Notice of decision. A notice of decision formalizing the Board's
actions including any conditions of approval must be prepared, signed
by the Chair, and available for the public within five business days.
(RSA 676:3, II)
In the conduct of its meetings, the Board shall follow parliamentary
procedure except that the Chair may second and vote upon motions.
For guidance, the appendices to these rules contain tables setting
forth the priority of motions under parliamentary procedure and a
description of some common motions and voting procedures.[1]
[1]
Editor's Note: See the Parliamentary Procedure and Glossary included as an attachment to this chapter.
A.
The Chair shall call the hearing to order and inform the public of
the subject matter of the hearing. He/she shall state for the record
the compliance with all applicable public and/or personal notice requirements.
He/she shall summarize the Board's public hearing guidelines,
which are part of the appendices to these rules.
B.
For hearing of applications, the applicant or designee shall be requested
to present his/her plan and explain it to all present.
C.
As applicable, the Board's Technical Review Committee and the
Planning Board Engineer and/or consultants should give their report
on the subject matter of the hearing.
D.
Board members and alternates may ask questions at any point during
the hearing.
E.
Public testimony.
(1)
Each person who speaks shall be required to state his/her name and
address.
(2)
For hearings on applications, each person who speaks shall state
his/her interest in the application. In accordance with NH RSA 676:4,
I(e), the Board may limit testimony at hearings to applicants, abutters
and persons with a direct interest.
(3)
The Chair shall first ask for questions from the public about the
subject matter of the hearing. All questions shall be addressed through
the Chair.
(4)
The Chair shall next ask for statements from those against the application
of the proposal being considered.
(5)
The Chair shall next ask for statements from those in favor of the
application of the proposal being considered.
(6)
The Chair shall then permit rebuttal testimony in the order set forth
above, beginning with the applicant.
F.
The Chair may adjourn the public hearing when there is no further
testimony from the public, when the public is out of order, or when
the testimony has become unduly repetitive.
G.
By majority vote of those present, the Board may continue a hearing
to another specific time, date and place.
Conflicts of interest shall be governed by RSA 673:14, which
is incorporated in this section by reference. Any applicant, abutter
or interested party may raise a conflict of interest question to the
Board, in which case the procedure of RSA 673:14 shall be followed.
A.
Board members, including alternates, shall bear in mind the quasi-judicial
nature of their duties and shall avoid and/or report any attempts
by the applicant(s) or other interested persons or parties to hold
ex parte communications.
B.
Board members shall not give advice to applicants or potential applicants
or their agents on how to present their case to the Board. Board members
shall not give advice to persons who may be opposing applications
on how to argue their opposition before the Board. Recognizing that
Rye is a small town where Board members may know or be neighbors of
or be friends with many Town residents, Board members should respond
to requests for advice in the following manner: "I'm sorry, I
know that we are friends, but I sit on that board. It is a quasi-judicial
board, and I cannot give you advice on how to proceed. The rules of
the zoning board prohibit that, and I could be removed from the board
for violating the rules."
A.
Elected members. The Planning Board shall appoint someone to fill
a vacant elected position on the Board for a period until the next
municipal election, at which time someone shall be elected to fill
the unexpired term or start a new term, as appropriate. Consideration
shall be given to alternate members.
B.
Alternate members. The Planning Board, which under RSA 673:6, II,
is the appointing authority for alternate members, shall appoint someone
to fill a vacant alternate position on the Board for an unexpired
term.
Removal must follow RSA 673:13.
A.
Amendments to these rules are to be prepared by the Rules and Regulations
Committee and may be proposed by motion at a regular meeting of the
full Board. Said motion, if seconded, shall automatically be tabled
until the next regular meeting, and all members shall be notified
of the pending motion.
B.
Enactment. Amendments may be enacted upon affirmative vote of five
lawfully seated members.
