[Adopted as Ch. 4, Art. 13, of the General Bylaws; amended 2005 STM by Art. 9; 2006 STM by Art. 3; 2011 ATM by Art. 48]
A. 
A committee to be known as the "Community Preservation Committee" shall be established, composed of nine members pursuant to MGL c. 44B. The appointment authority and the term of office shall be:
(1) 
One member of the Conservation Commission as designated by the Conservation Commission for a term of three years;
(2) 
One member of the Historical Commission as designated by the Historical Commission for three years;
(3) 
One member of the Planning Board as designated by the Planning Board for three years;
(4) 
One member of the Housing Authority or Kingston Affordable Housing Trust as designated by the Housing Authority or Affordable Housing Trust for an initial term of two years and thereafter for a term of three years;
[Amended 5-14-2022 ATM by Art. 32]
(5) 
One member of the Open Space Committee as designated by the Open Space Committee for an initial term of two years and thereafter for a term of three years;
(6) 
One member of the Recreation Commission as designated by the Recreation Commission for an initial term of one year and thereafter for a term of three years;
(7) 
One member designated by the Finance Committee for an initial term of one year and thereafter for a term of three years; and
(8) 
Two members to be appointed by the Board of Selectmen, one member for a term of one year and thereafter for a term of three years, and one member for a term of two years and thereafter for a term of three years.
B. 
Each member of the Committee shall serve for the term stated or, where applicable, until the person no longer serves in the position or on the Board, Committee or Commission as set forth above, whichever is earlier.
C. 
Should any of the Commissions, Boards, Committees or Authority who have appointment authority under this bylaw be no longer in existence for whatever reason, and provided that no successor commission, board or committee is created, in which case the appointment power shall remain with the successor, the appointing authority for that entity shall become the responsibility of the Board of Selectmen.
D. 
Any member of the Committee may be removed for cause by their respective appointing authority after hearing.
A. 
The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with the existing municipal boards, including the Conservation Commission, the Historical Commission, the Planning Board, the Open Space Committee, the Recreation Commission, and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.
B. 
The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space; for the acquisition, preservation, restoration and rehabilitation of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
C. 
The Community Preservation Committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.
D. 
In every fiscal year, the Community Preservation Committee must recommend that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund for each of the following purposes:
(1) 
Open space (not including land for recreational use);
(2) 
Historic resources; and
(3) 
Community housing.
A. 
The Community Preservation Committee shall comply with the provisions of the Open Meeting Law, as may be amended.[1]
[1]
Editor's Note: See MGL c. 30A, §§ 18 to 25.
B. 
The Committee will not meet or conduct business without the presence of a majority of the members of the Community Preservation Committee, except to postpone a meeting until a later date certain. The Community Preservation Committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include the Committee's anticipated costs.
This bylaw may be amended from time to time by a majority vote of the Town Meeting, consistent with the provisions of MGL c. 44B.
In case any section, paragraph or part of this bylaw for any reason be declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.
Applications for exemption from the Community Preservation Act[1] surcharge must be filed with the office of the Board of Assessors no later than 30 days after the issuance of the actual real estate tax bill.
[1]
Editor's Note: See MGL c. 44B.