[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-12-2005 by Art. 10, approved 6-16-2005. Amendments noted where applicable.]
[Amended 11-7-2023 STM by Art. 15, approved 3-6-2024]
A. 
There is hereby established a Community Preservation Committee, consisting of nine voting members appointed by the Select Board pursuant to the provisions of Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-133 of Chapter 352 of the Acts of 2004 and the Yarmouth Town Charter Chapter 5. The composition of the Committee, shall consist of one member of the Conservation Commission, one member of the Historic Commission, one member of the Planning Board, one member of the Recreation Commission, one member of the Yarmouth Housing Authority, one member of the Affordable Housing Committee, one member of the Land Bank or Open Space Committee, and two additional members to be determined by the Select Board. Upon initial appointment, three members shall be appointed for three years, three members shall be appointed for two years, and three members shall be appointed for one year and, thereafter, serve three-year terms. Should any of the Committee members resign, the Select Board shall appoint a suitable person to serve in his or her place. Any member of the Committee may be removed by the Select Board, with prior notice to the member.
B. 
The Community Preservation Committee shall not meet or conduct business without the presence of a quorum. A majority of the members shall constitute a quorum.
[Amended 4-7-2014 ATM by Art. 13, approved 4-29-2014; 11-7-2023 STM by Art. 15, approved 3-6-2024]
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 municipal boards and committees in conducting such studies. The Committee shall issue a report stating its findings and recommendations to the Select Board and Town Meetings on projects to be funded by resources in the Community Preservation Fund. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the city or 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 city or Town.
[Amended 4-7-2014 ATM by Art. 13, approved 4-29-2014]
A. 
The Community Preservation Committee shall make recommendations to 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 the 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. In each fiscal year and upon the recommendation of the Community Preservation Committee, Town Meeting shall spend or set aside for later spending not less than 10% of the net annual revenues for community housing purposes, not less than 10% of the net annual revenues for open space and not less than 10% of the net annual revenues for historic resources purposes. In each fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend or set aside for later spending the remaining 70% of the net annual revenues for community housing, open space, recreation, historic resources, and administrative and operating purposes.
B. 
The Community Preservation Committee may recommend the issuance of general obligation bonds or notes in anticipation of revenues to be raised pursuant to Section 3 of the Act, the proceeds of which shall be deposited in the Community Preservation Fund.
Provided that the Community Preservation Act is accepted at the 2005 Annual Town Election, this section shall take effect upon approval by the Attorney General of the Commonwealth of Massachusetts and after all the requirements of the Massachusetts General Laws, Chapter 40, Section 32, have been met.