[HISTORY: Adopted 5-16-2012 by the Special Town Meeting of the Town of Topsham, Art.
9. Amendments noted where applicable.]
A.
An Historic Commission is hereby established which shall consist
of five (5) regular members and two (2) associate members who shall
be residents of Topsham. Members of the Commission shall have a demonstrated
interest, knowledge, or training in historic preservation or closely
related fields, or in the historical and architectural development
of the Town, and shall be appointed with due regard to the proper
representation of such fields as history, architectural history, architecture,
landscape architecture, planning, engineering, archaeology, law and
building construction to the extent that such professionals are available
in the community. Consideration shall also be given to one member
being a resident of a Town-designated historic district.
B.
The term of office of a member shall be three years, except that
the initial appointments shall be staggered so that subsequent appointments
shall not recur at the same time.
C.
Associate members may participate fully in the deliberations of the
Commission but may only vote when they are designated by the Chair
to take the place of a regular member who is absent or otherwise not
able to vote.
D.
All members are required to maintain and develop their knowledge
of historic preservation and are expected to attend at least one Maine
Historic Preservation Commission sponsored informational or educational
meeting per year that pertains to the work and functions of a local
review commission or to historic preservation.
E.
The members of the Commission shall choose officers who shall serve
one-year terms as Chairman and Vice Chairman. The Chairman shall preside
at meetings of the Commission. The Vice Chairman shall, in the case
of absence or disability of the Chairman, perform the duties of the
Chairman.
F.
A municipal officer may not be a member of the Commission.
G.
The municipal officers shall act within 60 days to fill a vacancy,
including expired terms.
H.
The Board of Selectmen may dismiss a member, prior to the expiration
of his/her term, for just cause after notice and a public hearing.
A.
To conduct the business of the Commission, a quorum of at least three
(3) members must be present and eligible to vote. A majority of the
members present and voting shall be required for the approval of any
action of the Commission.
B.
In the event of the absence of a regular member, the Chair shall
designate an associate member as a voting member for that meeting.
The designated associate member shall have full authority to act in
the place of the absent member.
C.
The Commission shall have the power to make whatever rules are necessary
for the execution of its duties as set forth in this chapter.
D.
In the event of a direct or indirect personal or financial interest
in an item being considered by the Commission, the member must refrain
from from all deliberations and voting with respect to that item.
If there is a question as to a conflict of interest, the remaining
members shall decide by vote if a conflict exists.
E.
All meetings of the Commission shall be open to the public, and the
Commission shall keep a record of its resolutions, proceedings and
actions.
F.
Public notice of any meeting of the Commission together with the
agenda for the meeting shall be posted in the Town Hall at least three
(3) days prior to the meeting.
The Commission has the following powers and duties:
A.
Local informational and advisory functions:
(1)
Conduct and periodically review and update a survey of cultural resources
within Topsham, according to guidelines established by the Maine Historic
Preservation Commission, and maintain a record of such.
(2)
Recommend methods and procedures necessary to preserve, restore,
maintain and operate historic sites and properties under the ownership
or control of the Town.
(3)
Recommend ordinances and otherwise provide information for the purposes
of historic preservation in the Town.
(4)
Act in an advisory role to other officials and departments of local
government regarding the protection of local cultural resources.
(5)
Act as a local liaison on behalf of the local government to individuals
and organizations concerned with historic preservation.
(6)
Promote and conduct an educational and interpretive program on historic
preservation and historic properties and sites within the Town.
(7)
Cooperate with federal, state and local governments in the pursuance
of the objectives of historic preservation.
(8)
Participate in the conduct of land use and other planning processes
undertaken by the Town, the state or the federal government and the
agencies of these entities.
B.
State Historic Preservation Commission advisory functions:
(1)
Review all proposed National Register nominations for properties
within its jurisdiction. When the Commission considers a National
Register nomination and other actions which are normally evaluated
by a professional in a specific discipline, and that discipline is
not represented on the Commission, the Commission shall seek expertise
in the area before rendering its decision.
C.
Review of applications for certificates of appropriateness:
(1)
Establish written guidelines for the conservation of designated historic
districts and designated landmarks (if any) on decisions for requests
for certificates of appropriateness for new construction, alterations,
demolition, relocation or additions to properties and buildings within
historic districts or designated landmarks.
(2)
Review applications for certificates of appropriateness for all regulated activities within the Town's designated Historic Overlay Districts in accordance with § 225-18.
(3)
Review all regulated activities affecting designated historic and
prehistoric properties (if any) outside of the Town's designated
Historic Overlay Districts in accordance with any requirements established
by the Town.
