[HISTORY: Adopted by the Town of Boothbay Harbor 11-12-1986
as STM Art. 3 (Art. 9 of the 1958 Ordinances). Amendments noted where applicable.]
[Amended 5-6-2002 by ATM Art. 20]
A. Pursuant to M.R.S.A. Constitution, Article
VIII, and 30-A M.R.S.A. § 3001, the Town of Boothbay Harbor hereby establishes the Town of Boothbay Harbor Planning Board.
A. Board members shall be appointed by the Selectmen and
sworn by the Clerk or other person authorized to administer oaths.
B. The Board shall consist of five members and two alternate
members.
C. The term of each member and alternate member shall be
three years. Those members and alternate members appointed prior to the enactment
of this chapter shall continue to serve the balance of their terms, but in
all other respects shall be governed by this chapter.
[Amended 5-6-2002 by ATM Art. 20]
D. When there is a permanent vacancy, the municipal officers
shall, within 60 days of its occurrence, appoint a person to serve for the
unexpired term. A vacancy shall occur upon the resignation or death of any
member or when a member ceases to be a voting resident of the Town or when
a member or alternate member fails to attend four consecutive regular meetings
or fails to attend at least 75% of all meetings during the preceding twelve-month
period. When a vacancy occurs, the Chairman of the Board shall immediately
so advise the municipal officers, in writing. The Board may recommend to the
municipal officers that the attendance provision be waived for cause, in which
case no vacancy will then exist until the municipal officers disapprove the
recommendation. The municipal officers may remove members of the Planning
Board by unanimous vote, for cause, after notice and hearing.
E. Neither a Selectman, member of the Board of Appeals,
alternate member of the Board of Appeals nor spouse of a member or alternate
member of the Board of Appeals may be a member or alternate member of the
Board.
A. The Planning Board shall elect a Chairman from its regular
members and a Secretary from among its regular or alternate members and create
and fill such other offices as it may determine. The term of all offices shall
be one year, with eligibility for reelection.
B. When a member is unable to act because of interest, physical
incapacity, absence or any other reason satisfactory to the Chairman, the
Chairman shall designate an alternate member to sit in his or her stead.
C. An alternate member may attend all meetings of the Board
and participate in its proceedings, but may vote only when s/he has been designated
by the Chairman to sit for a member.
D. Any question of whether a member shall be disqualified
from voting on a particular matter shall be decided by a majority vote of
the members present except the member who is being challenged.
E. The Chairman shall call at least one regular meeting
of the Board each month.
F. No meeting of the Board shall be held without a quorum
consisting of three members or alternate members authorized to vote.
G. The Board shall adopt rules for transaction of business,
and the Secretary shall keep a record of its resolutions, transactions, correspondence,
findings and determinations. All records shall be deemed public and may be
inspected at reasonable times.
A. The Board shall prepare and update the Comprehensive Plan as defined by 30-A M.R.S.A. § 4301 and shall prepare and recommend to the Selectmen amendments to Chapter
170, Zoning and the Zoning Map.
[Amended 5-1-1995 by ATM Art. 63]
B. The Board may prepare and recommend to the Selectmen
regulations for the subdivision and development of land and prepare and recommend
other such regulations for the health, safety and general welfare of the Town
pursuant to the Comprehensive Plan.
C. The Board shall perform such duties and exercise such
powers as are provided by ordinance, by the laws of the State of Maine and
as directed by the Selectmen.
D. The Board may obtain goods and services necessary for
its proper function within the limits of appropriations made for the purpose.