[Adopted 6-27-2005 by Ord. No. 05-203]
A. 
There is hereby established the Penjajawoc Marsh/Bangor Mall Management Commission of the City of Bangor. This Commission shall consist of seven regular members and three ex officio nonvoting members.
[Amended 5-22-2023 by Ord. No. 23-143]
B. 
The initial members of the Commission shall be the members of the Penjajawoc Marsh/Bangor Mall Task Force, each of whom shall serve a term ending on December 31, 2005, or until their successor is appointed and qualified.
C. 
There shall also be three ex officio members of the Commission, the City Manager, the City Engineer, and the Planning Officer or their designees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Any regular member vacancy occurring prior to December 31, 2005, shall be filled by appointment of the Chair of the City Council who shall fill the vacancy in accordance with the guidelines of § 23-25 below.
E. 
Subsequent to December 31, 2005, appointments to the Commission shall be made by the City Council.
[Amended 5-22-2023 by Ord. No. 23-143]
A. 
Seven members shall be appointed as at-large members of the Commission. Selection of members with experience operating a business, owning property in the area, membership with Bangor Land Trust or environmental organization shall have preference.
Regular members of the Commission shall be selected primarily on the basis of the guidelines outlined above, but preference may be given to appointing members who are residents of the City of Bangor. Regular members shall receive no compensation for their service.
A. 
Beginning with the appointments made by the City Council after December 31, 2005, the term of each regular member shall be for three years or until their successor has been appointed and has qualified; provided that of the members first appointed after December 31, 2005, one from each group set forth in § 23-25 shall be appointed for a term of one year, one for a term of two years, and one for a term of three years.
B. 
Any regular member vacancy occurring after the initial round of appointments following December 31, 2005, shall be filled in the same manner for the unexpired term.
C. 
No regular member shall serve more than two complete consecutive terms.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Commission shall annually elect a Chair and a Vice Chair.
The Commission is charged with developing a management and access plan for the Penjajawoc Stream and Marsh. More specifically, the Commission is authorized to:
A. 
Develop recommendations for an overall management plan designed to preserve habitat and environmental values while permitting public access and use;
B. 
Develop recommendations for a public access plan to support appropriate recreational uses and ecotourism;
C. 
Monitor the implementation of the recommendations included in the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force dated May 2005 and, where necessary, recommend changes;
D. 
Develop recommendations on the expenditure of public funds to be used for the purchase of property or conservation easements, public access projects, and water quality improvement efforts;
E. 
Provide review and comment to developers on proposed commercial and residential development affecting the Penjajawoc Marsh for the purpose of providing advice and recommendations on how such developments can be designed to minimize their impact on the Penjajawoc Marsh and Stream;
F. 
Coordinate with other interested parties on issues and projects involving this area;
G. 
Make recommendations to the City Council on other actions, including ordinance revisions, that may assist in the conservation of the Penjajawoc Marsh.
It is the intent of the City to encourage early discussions between potential developers of property within the Penjajawoc Marsh/Bangor Mall Management Area and the Commission in an effort to insure that environmental considerations are taken into account during the early stages of project development and to avoid, to the extent possible, subsequent controversies during formal procedures before the Planning Board or other regulatory bodies. Toward that end, the following procedures shall be followed:
A. 
When the City becomes aware of a proposal to develop property within the Penjajawoc Marsh/Bangor Mall Management Area, as shown on the Penjajawoc Marsh/Bangor Mall Management Area Map on file in the office of the City Clerk, and where such development interest is likely to result in a land development code application to the City, the Planning Officer shall inform the Commission of the proposal.
B. 
The Commission is authorized to meet with the potential developer to discuss the project and present recommendations and suggestions to the developer regarding the design of the development and the protection of the Penjajawoc Marsh and Stream, such recommendations to be consistent with the Comprehensive Plan and Land Development Code.
C. 
The Commission is further authorized to provide its comments and recommendations regarding such developments to the Planning Board for consideration by the Board at the time it reviews formal applications for such projects.
D. 
Development review by the Commission is intended to take place in advance of any formal consideration of a development proposal by the Planning Board. The requirements of this section shall in no way affect the rights of applicants under the Land Development Code or change or modify established deadlines for proceeding before the Planning Board.
A. 
The Commission shall meet at least quarterly and, prior to December 31 of each calendar year, shall prepare and submit to the City Council an annual report outlining its activities during the preceding twelve-month period.
B. 
A quorum shall consist of four of the seven non-City-employee Commissioners.
[Amended 7-22-2024 by Ord. No. 24-218]
The Commission may establish subcommittees from time to time and as needed. To the extent feasible, such subcommittees shall include equal representation from each of the qualification groups set forth in § 23-25 above.
A. 
There is hereby established the Penjajawoc Marsh/Bangor Mall Management Fund.
B. 
This fund shall be used for the purpose of acquiring property, conservation easements, public access easements, water quality improvement projects, and such other public improvement projects as may benefit the ecological, recreational, and water quality values of the Penjajawoc Marsh and Stream.
C. 
The fund shall be the recipient of tax increment financing proceeds from new commercial developments in the area designated for commercial development near the Marsh/Stream and located to the north and west of Stillwater Avenue and to the west of Kittredge Road, as delineated on the Penjajawoc Marsh Commercial Development District Map on file in the office of the City Clerk, subject to the establishment of a tax increment financing district or districts by the City Council.
D. 
Prior to expenditure of these funds, they must be appropriated by the City Council.