[HISTORY: Adopted by the Annual Town Meeting
of the Town of Shapleigh 3-13-2004. Amendments noted where applicable.]
Pursuant to Article VIII, Pt. 2, Section 1 of the Maine Constitution and 30-A M.R.S.A. § 3001, the Town of Shapleigh hereby establishes a Planning Board.
[Added 3-14-2009 ATM by Art. 8]
The purpose of the Planning Board is to administer
the priorities of the Town of Shapleigh Zoning Ordinance, Subdivision
Ordinance and Growth Ordinance in order to maintain the safe and healthful
conditions and the general welfare, prevent and control water pollution,
protect spawning grounds, fish, aquatic life, bird and other wildlife
habitat, control building sites, placement of structures and land
uses and conserve shore cover, visual as well as actual points of
access to inland and coastal water and natural beauty, and to encourage
the preservation of farmland.
A.
Board members shall be appointed by the municipal
officers, (henceforth known as the Board of Selectmen) and sworn by
the Town 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 full voting member shall be five
years. The term of alternate members shall be five years.
D.
When there is a permanent vacancy of either a full
or an alternate member, the Board Chairman shall notify the Board
of Selectmen who 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 legal resident of the Town, or when a member fails to attend
four consecutive regular meetings without prior satisfactory explanation,
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
may recommend to the Board of Selectmen that the attendance provision
be waived for the cause, in which case no vacancy will then exist
until the Board of Selectmen disapprove the recommendation.
E.
Any member of the Board may be removed for cause by
the Board of Selectmen before expiration of his/her term but only
after an advertised public hearing at which the member in question
has had an opportunity to refute specific charges.
(1)
If a member disagrees with the decision of removal
by the Board of Selectmen, the member may request a fair hearing,
in writing, within five working days of receiving a written notice
of removal.
(2)
The Board of Selectmen must schedule a fair hearing
within five working days of receipt of written notice by the dissatisfied
member, and a fair hearing authority must be established. The FHA
shall be compromised of three members appointed by the Board of Selectmen.
(3)
The decision made by the FHA shall be reached solely
on the information presented at the hearing. The FHA must give the
member a written decision of their findings within five working days
of the hearing.
F.
A member of the Board of Selectmen may not be a member
or alternate member of the Planning Board.
A.
The annual organizational meeting shall be held on
the first regular Planning Board meeting in May, and the election
of officers shall be immediately thereafter. The Board shall elect
a Chairman and Vice Chairman from among its full members. The candidate
receiving a majority vote shall serve for one year or until his or
her successor shall take office. Vacancies of officers shall immediately
be filled by regular election procedures. Officers may be elected
for consecutive years.
(1)
There shall be a Secretary hired by the Board of Selectmen
and voted upon by the Planning Board each year. The Secretary may
be a Board member, but it is not required.
(2)
The Secretary shall be responsible for the minutes
and records of the Board, agendas or regular meetings and special
meetings with the Chairman, notice of the meetings and hearings, correspondence
of the Board, and other duties as are normally carried out by a secretary.
The Secretary shall keep a record of all resolutions, votes, transactions,
correspondence, findings and conclusions of the Board. All records
shall be deemed public and may be inspected during normal business
hours.
B.
The Chairman shall preside at all meetings and hearings
of the Planning Board. The Chairman has the authority to appoint all
committees, to call work sessions, designate which alternate member
shall serve in place of a regular member, and to preside over executive
sessions. The Vice Chairman shall act for the Chairman in his or her
absence.
C.
Alternate members may attend all meetings and participate
in the proceedings but may vote only when designated by the Chairman
to sit for a member.
D.
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 that member's place.
E.
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, except the member who is being challenged.
F.
The Board may employ such staff and/or experts as
provided in local ordinances or regulations within budget limitations
to assist in planning matters and issues as needed. This assistance
shall include the hiring of independent engineering and traffic consultants
and legal counsel. Appointments shall be made by a majority vote of
the entire membership. Opinions presented by the Board's legal counsel
shall not be binding upon the Town of Shapleigh.
G.
Meetings shall be held on the second and fourth Tuesdays
of the month at the time specified on the municipal calendar. The
meetings shall be at the Town Hall or other suitable meeting place.
The Chairman, or upon the request of a majority of the Board, may
schedule a special meeting; provided, however, that notice thereof
shall be given to each member and to representatives of the press
at least 24 hours in advance and that no business may be conducted
other than as specified in said notice. All meetings shall be open
to the public.
H.
Meetings
shall be held on the second and fourth Tuesdays of the month at the
time specified on the municipal calendar. The meetings shall be at
the Town Hall or other suitable meeting place. The Chairman, or upon
the request of a majority of the Board, may schedule a special meeting,
provided, however, that notice thereof shall be given to each member
in accordance with the Maine Freedom of Access Act, and that no business
may be conducted other than as specified in said notice. All meetings
shall be open to the public.
[Amended 3-9-2019 ATM by Art. 5]
I.
The Board shall adopt rules for the order of business,
work sessions, hearings and include these in its bylaws. 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.
1 A. Decisions by the Board shall be made within
the time limits established by state law and local ordinances and
regulations. The final decision on any matter before the Board shall
be issued as a written order signed by the Chairman. The transcript
of testimony, if any, and exhibits, together with all papers and requests
filed in the proceedings, and signed minutes of the meetings/hearing,
shall constitute the record. All decisions shall become a part of
the record and shall include a specific statement of findings and
conclusions. At a minimum, the record should specifically state that
the applicant has/has not met all applicable state statutory requirements,
all applicable municipal ordinances, and all applicable municipal
regulations, and those legal documents shall be specifically referenced.
A.
The Board, in reaching said decision, shall be guided
by standards specified in the applicable statute, ordinance, or regulation
as well as by community goals and policies as specified in a Comprehensive
Plan, if any, and by the findings of the Board in each case.
B.
Notice of any decision, including the findings and
conclusions/minutes, shall be sent by mail or hand delivered to the
applicant, his representative or agent within the time limits established
in the Shapleigh Zoning Ordinance and/or Shapleigh Subdivision of
Land Ordinance.[1]
C.
Decisions of the Board, shall be immediately filed
in the Town office, shall become part of the Board's permanent record
and shall be made public record in compliance with the Right to Know
Law.
D.
The Board may reconsider any decision at the same
meeting or at a subsequent meeting within 30 days of its original
decision; provided, however, that both a vote to reconsider and any
action taken pursuant thereto shall occur and be completed within
30 days.
(1)
Notice of any reconsideration shall be given to all
interested parties in a reasonable time in advance of the reconsideration.
The Board may conduct additional hearings and receive additional evidence
and testimony.
(2)
Reconsideration should be used for a record which
contains significant factual errors due to fraud or mistake regarding
facts upon which the decision was based or, when the Board misinterpreted
the ordinance, followed improper procedures, or acted beyond its jurisdiction.
Appeal of the decision of the Board is governed
by state and local law.
