There is hereby created a Planning Board of the Town of Cumberland to exercise the powers granted it herein as well as those powers given to such boards by statute.
[Adopted 2-25-1974; amended in its entirety 1-27-2025]
A.
The Planning Board shall be comprised of seven members who shall be appointed by the Town Council.
B.
Members shall be residents of the Town and serve without compensation. Members of the Town Council and members of the Board of Adjustment and Appeals shall not serve as members of the Planning Board.
C.
The terms of members shall be three years, except that initial appointments shall be of three members for three-year terms, two members for two-year terms and two members for one-year terms.
D.
Vacancies may occur by reason of resignation, death, removal from the Town and, when certified to the Town Council by a majority of the members of the Planning Board, by failure to attend at least 75% of Planning Board meetings, regular or special, during any twelve-month period. A member may also be removed for cause after notice and hearing by the Town Council. Vacancies shall be filled by the Town Council for the unexpired term.
A.
The Planning Board shall annually elect a Chairman and a Vice Chairman and such other officers as it may determine necessary. Each such officer shall serve for a period of one year or until a successor is elected. A member may succeed himself as an officer.
B.
The Planning Board shall hold regular monthly meetings and such other meetings as it deems necessary from time to time. The Chairman or Vice Chairman shall call meetings of the Board when requested by a majority of the members of the Board or a majority of the members of the Town Council.
C.
Four members of the Planning Board shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time. The concurring vote of a majority of the members of the Planning Board present and voting shall be necessary to approve any application or to provide a recommendation to the Town Council on any amendment to the Zoning Ordinance or Zoning Map.
D.
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the other members present and voting. The member about whom the alleged conflict of interest concerns may not vote.
E.
The Planning Board may adopt, and amend, from time to time such procedural rules for the conduct of its business as it deems necessary or convenient.
F.
All records of the Planning Board shall be public records and may be inspected at reasonable times.
The Planning Board shall have the following duties and powers:
A.
The Planning Board shall prepare a new or revised comprehensive plan for the Town of Cumberland at least every 10 years. The Planning Board shall be assisted by a Comprehensive Plan Committee. The Comprehensive Plan Committee composition and member appointment shall be the responsibility of the Town Council. Coordination and administrative support shall be provided by the Town Planner. Such plan shall conform as nearly as practicable to the definition thereof contained in 30-A M.R.S.A. § 4326 and in any event shall include a compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the Town with respect to its population, housing, economics, social patterns, land use, and water resources and their use, transportation facilities and public facilities.
(1)
In the preparation of a comprehensive plan, the public shall be given an adequate opportunity to be heard.
(2)
Upon submission of a new or revised comprehensive plan by the Planning Board to the Town Council, the Town Council shall adopt the same, with such changes as it deems proper, within nine months after its receipt by the Town Council.
B.
The Planning Board shall serve under 30-A M.R.S.A. § 4403 as the municipal reviewing authority of all requests for subdivision approval.
C.
The Planning Board shall review and issue a decision, with respect to all proposed site plans (See Chapter 229 — Site Plan Review).
D.
The Planning Board shall study the existing Subdivision Ordinance of the Town and shall submit to the Council for its consideration proposed amendments thereto, consistent with said comprehensive plan. The Planning, Board shall reexamine the Subdivision Ordinance and make any recommendations for changes therein which it deems desirable within six months after Council adoption of a new or revised comprehensive plan. The Council shall take action on such recommendations within six months after receiving them. (See Chapter 250 — Subdivision of Land).
The Town Manager and the Town Planner shall attend at least a majority of the meetings of the Planning Board. The Planning Board may request the Town Planner to engage such professional and clerical help as it may require to carry out its duties. Professional appointments made by the Town Manager shall be with the advice of the Planning Board and subject to Town Council confirmation.