[HISTORY: Adopted by the Town Meeting of the Town of Rockport 4-6-2002 ATM; amended 6-10-2002 STM (Ch. 2, Sec. 6d, of the 1997 Code of By-laws). Subsequent amendments noted where applicable.]
A. 
There is hereby established a Community Preservation Committee, consisting of nine voting members pursuant to the provisions of MGL c. 44B, § 5. The composition of the Committee, the appointing authority and the term of office for the Committee members shall be as follows:
(1) 
One member of the Conservation Commission as designated by the Commission;
(2) 
One member of the Historical Commission as designated by the Commission;
(3) 
One member of the Planning Board as designated by the Board;
(4) 
One member of the DPW Board of Commissioners, whose responsibilities include the duties of the Board of Park Commissioners established under MGL c. 45, § 2, as designated by the Board.
(5) 
One member of the Housing Authority as designated by the Authority;
(6) 
Four members to be appointed by the Town Moderator.
B. 
Each member of the Committee shall serve for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier. In order that as nearly an equal number of terms as possible shall expire each year, the initial terms of the members to be appointed by the Town Moderator shall be for one year and the initial terms of the two remaining members to be appointed by the Town Moderator shall be two years. After those initial terms, all their terms shall be three years.
C. 
Should any of the officers and commissions, boards, or committees who have appointing authority under this by-law be no longer in existence for whatever reason, the Town Administrator shall appoint a suitable person to serve in their place.
D. 
Any member of the Committee may be removed for cause by their respective appointing authority after hearing.
[Amended 9-8-2025 FTM by Art. G]
A. 
The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation, including the consideration of regional projects for community preservation. The Committee shall consult with existing municipal boards, including the Conservation Commission, the Historical Commission, the Planning Board, the Department of Public Works, 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 annual public informational hearing, or more at its discretion, on 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, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for rehabilitation or restoration of open space and community housing that is acquired or created as provided in this section; provided, however, that funds expended pursuant to this chapter shall not be used for maintenance. With respect to community housing, the Community Preservation Committee shall recommend, whenever possible, the reuse of existing buildings or construction of new buildings on previously developed sites. With respect to recreational use, the acquisition of artificial turf for athletic fields shall be prohibited.
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 for 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 either that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund in each of the following areas for:
(1) 
Open space (not including land for recreational use);
(2) 
Historic resources; and
(3) 
Community housing.
Requirement for a quorum and cost estimates. The Community Preservation Committee shall comply with the provisions of the Open Meeting Law, MGL c. 30A, §§ 18 through 25. The Committee shall not meet or conduct business without the presence of a majority of the members of the Community Preservation Committee. The Community Preservation Committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include the Committee's anticipated costs.
This by-law 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 by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.
Provided that the Community Preservation Act is accepted at the 2002 Annual Town Election held on April 16, 2002, this by-law shall take effect upon the approval by the Attorney General of the Commonwealth and after all requirements of MGL c. 40, § 32, have been met. Each appointing authority shall have 30 days after approval by the Attorney General to make their initial appointments.