The title of this chapter shall be the "Wells
Planning Board Ordinance." It is enacted by the Town Meeting pursuant
to 30-A M.R.S.A. § 4324(2)(A) to govern the appointment,
terms and procedures of the Wells Planning Board.
This chapter shall govern the Wells Planning
Board, its members, terms, officers and manner of transacting business
as follows:
A. Members and qualifications. Effective April 18, 1998,
the Board shall consist of five members and two associate members,
all of whom shall be residents of the Town of Wells. Following the
Annual Town Meeting in April 1998, the Board of Selectmen may appoint
new associate members, not to exceed a total of four, to ensure that
during the transition to a smaller Board the Planning Board retains
the benefit of the experience of any member or associate member whose
term expired January 31, 1998, provided the member or associate member
wishes to be reappointed. Thereafter, no new associate members shall
be appointed until the number of associate members is fewer than two.
[Amended 4-18-1998]
B. Appointment and terms. Members and associate members
of the Board shall be appointed by the Board of Selectmen for terms
of three years after the initial appointments are made for terms beginning
January 1, 1994. Any new member shall be chosen from the alternates.
A municipal officer may not be a member or associate member of the
Board.
[Amended 11-7-2000]
C. Vacancies and removal. The Board of Selectmen shall
fill any vacancy for the remainder of the unexpired term in the manner
provided for original appointments. A vacancy shall exist if a member
or associate member misses either five consecutive regular meetings
or more than 30% of the regular Board meetings in a calendar year,
unless the absence is excused by the Chairman. The Chairman may excuse
such absences, upon the request of a Board member or associate member,
due to serious illness, temporary absence from the community or other
good reason. The Board of Selectmen may remove any member of the Board,
after notice and hearing, for misconduct or nonperformance of duty.
[Amended 4-18-1998]
D. Officers. The Planning Board shall elect a Chairman,
Vice Chairman and Secretary from its membership. The Chairman shall
be counted to determine a quorum and shall have the same rights as
other members of the Board, including the right to vote.
E. Rules. The Board may adopt and amend rules to govern
the conduct of its business consistent with the provisions of this
chapter.
F. When a member is unable to act because of interest,
physical incapacity or absence from the meeting, the Planning Board
Chairman shall designate an associate member to act in his stead.
An associate member may attend all meetings of the Board and participate
in its proceedings but may vote only when he has been designated by
the Chairman to act for a member.
G. A quorum of the Board shall consist of three, and
any action by the Board to approve or deny an application shall require
three affirmative votes.
[Added 4-18-1998; amended 6-13-2023]