[Ord. No. 2002.67, 9-3-2002]
A.
Authority.
The City of Biddeford Planning Board (hereafter the "board"), originally
established under the provisions of 30-A M.R.S.A. § 4326,
is hereby continued as provided by law, 30-A M.R.S.A. § 4313
[now repealed]. The powers and responsibilities of the board allowed
under the pre-1971 legislation (30 M.R.S.A. § 4964) are
maintained.
B.
Duties
and responsibilities. The board shall have the following duties and
responsibilities:
1.
Prepare, and revise a comprehensive plan in accordance with 30-A
M.R.S.A.
2.
Review and approve, approve with conditions, or disapprove subdivision
and other development plans that deal with specific real estate. This
includes site reviews and conditional uses.
3.
Review and approve, approve with conditions, or disapprove development plans in the Shoreland Zone as required by Article XIV of this ordinance.
[Amended 2-2-2010 by Ord. No. 2009.98]
4.
Draft for approval by the municipal officers, ordinances and other
provisions to facilitate Subsections 1 through 3 above.
C.
Membership.
1.
The Board shall consist of seven members, five voting members and
two associate members. Each member shall be nominated by the Mayor,
confirmed by the City Council, for a three year-term. Members may
be reappointed at the end of their terms, not to exceed three consecutive
terms. All current appointments shall have a term of office expiring
no later than December 31, 2005. The Mayor shall have the discretion
of appointing members and associate members to the Planning Board
with terms expiring after two years but less than three years for
the purpose of staggering appointments throughout a calendar year.
2.
Associate members may be made voting members of the Board upon the
retirement or nonappointment of a voting member.
3.
All members of the Board shall be registered voters and residents
of the City of Biddeford. No serving municipal officer or official
of the City of Biddeford shall serve as a member of the Board.
4.
Members of the Board shall reflect as much as possible several geographic
areas of the City, and shall have diverse professional or employment
backgrounds. This is to insure as much as possible that the interests
of the City and applicants are fairly and reasonably represented.
In no case shall more than two members be from the same ward.
5.
Members
of the Board are required to sign the Biddeford Planning Board Rules
of Procedure and Code of Ethics prior to taking the oath of office.
Any individual appointed to the Board shall not be administered the
oath of office and shall not be seated until the Rules of Procedure
and Code of Ethics have been signed. Failure to sign will invalidate
the appointment and shall require a replacement appointment.
[Added 2-21-2012 by Ord.
No. 2012.8
D.
Term
of office.
1.
Members of the Board shall be appointed for a three-year term. No
member shall serve more than three consecutive terms, including any
term or part of a term served under any predecessor in this section.
Any member appointed to fill a vacancy for which more than half of
the unexpired term remains, for purposes of this provision, shall
be deemed to have served one full term.
2.
When there is a permanent vacancy, the Mayor shall nominate with
confirmation by the City Council a new member to serve for the remainder
of the unexpired term.
E.
Removal
from office.
1.
Members of the Board may be removed from office by the municipal
officers for the following reasons:
a.
A member is no longer a resident of the City of Biddeford; or
b.
A member is absent from three consecutive regular Board meetings
without prior satisfactory explanation; or
c.
A member is absent from six meetings or workshops of the Board without
prior satisfactory explanation; or
d.
A member conducts himself/herself in a manner that is inconsistent
with the official position of the Planning Board, i.e. consistent
conflicts of interest or unprofessional behavior toward applicants,
City employees or members of the public.
2.
Removal action may be initiated by the Mayor, the City Council or
a member of the Board. A letter shall be submitted to the municipal
officers stating the reasons for the removal request.
3.
The Board member in question shall be provided a copy of the letter
and shall be given the opportunity to reply to the municipal officers.
F.
Board
officers.
1.
A Chairperson shall be appointed by the Mayor and confirmed by the
Council each January. The Board shall elect from its voting membership
the following officers:
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Vice Chairman;
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Secretary.
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2.
The terms of these officers shall be one year. The Chairperson may
not be reelected for more than two consecutive terms. The Board shall
hold elections during the January meeting, the results of which shall
be submitted to the municipal officers.
3.
Elected officers shall be responsible for the following:
a.
Chairman: Conduct of meetings, scheduling and announcing meetings,
signing official correspondence for the Board. The Chairman shall
vote only in case of a tie.
b.
Vice Chairman: acts in place of the Chairman when he/she is absent
or required to leave the Chair because of conflict; acts as Chair
for special subcommittees of the Board as needed.
c.
Secretary: ensures that the records of meetings are accurate and
available for the Board's review and reference.
G.
Staff.
The Board shall empower the Planning Department to hire professional
staff to assist in planning matters and issues as needed. This assistance
shall include the hiring of independent engineering and traffic consultants,
and legal counsel. Opinions presented by the Board's legal counsel
shall not be binding upon the City of Biddeford.
H.
Meetings.
1.
The Board shall conduct monthly meetings, or at least regular meetings
during a calendar year. Meetings shall convene on the first Wednesday
of each month, unless prior arrangement and public (as described elsewhere
in the Code) announcement has been made by the Board.
[Amended 3-5-2019 by Ord.
No. 2019.14]
2.
Upon motion by the Board the Chairman may call for special meetings
and workshops as needed.
3.
All meetings of the Board shall be open to the public. Materials
and records of the meetings shall be maintained and available for
public inspection.
[Amended 3-5-2019 by Ord.
No. 2019.14]
4.
The Board shall publish rules for the conduct of meetings to insure
orderly conduct and efficient processing of applications and planning
matters. The Board shall adopt Roberts Rules of Order.
5.
Board meetings shall be called to order when a quorum of the voting
members are present. For this purpose a quorum shall be three voting
members. When a regular member of the Board is unable to serve because
of conflict of interest, incapacity, absence or lack of confirmed
appointment to fill a permanent vacancy, an associate member shall
be designated to vote by the Chairman.
6.
The Board shall issue a written decision on matters when determined
by the Board to be necessary, appropriately signed by the Chairman.
The decisions shall include:
a.
A statement of findings and conclusions.
b.
Any conditional actions and the time-table for completion.
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In addition to the normal established distribution, a copy of
the above shall be given to the Code Enforcement Officer for use when
issuing a building permit, or for documentation on appeal or variance
request.
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7.
The Board shall issue a written decision on all matters when determined
by the board to be necessary, appropriately signed by the chairperson.
The decisions shall include:
I.
Conflicts.
Any questions raised by any interested party of whether a particular
issue involves a conflict of interest sufficient to disqualify a member
from voting shall be decided by a majority of the members present
except the member who is being challenged.
B.
Duties
and responsibilities.
1.
The City Planner shall be the primary advisor to the Planning Board
and shall act as primary staff for the Board. He/she shall advise
the Board concerning the completeness of applications. He/she shall
prepare agendas and arrange meetings for the Board. He/she will contact
and coordinate between the various departments and applicants to ensure
timely resolution of planning issues relating to applications and
planning proposals.
2.
The City Planner shall advise the Mayor and Council concerning land
use and general planning issues affecting the City and comprehensive
development. He/she shall provide written position papers and other
documents needed to assist City officials in making sound decisions
concerning land use and planning issues.
3.
The City Planner shall develop a budget for the operation of the
Planning Department and Board.
4.
The City Planner shall respond to citizen inquiries concerning planning
issues and provide information relating to development proposals as
much as possible.
