[Adopted 4-1-1991 by Ord.
No. 67 (Ch. 6, Art. III, Div. 2, of the 1990 Code)]
Pursuant to Article VIII, Part 2, § 1, of the Maine Constitution and 30-A M.R.S.A. § 3001, regarding home rule authority, the Augusta Planning Board is hereby established (hereafter referred to as the "Board"). Pursuant to 30-A M.R.S.A. § 4324(2), the Board is also designated the local planning committee; and pursuant to 30-A M.R.S.A. § 4403, the Board is designated the municipal reviewing authority.
The Board shall comply with the requirements of state law.
[Amended 8-19-1996 by Ord. No. 541]
The membership of the Board shall consist of nine members, no
one of whom shall be a salaried official of the City. All members
shall serve without pay.
All members of the Board shall be appointed by the Mayor and
confirmed by the City Council. The City Council may remove members
of the Board for cause by unanimous vote after notice and hearing.
[Amended 8-19-1996 by Ord. No. 541]
The terms of the nine members and subsequent appointees shall
be for three years. All members shall serve until their successors
are duly appointed and qualified.
[Amended 8-19-1996 by Ord. No. 541]
A.
A vacancy shall occur upon the resignation or death of any member
or when a member ceases to be a legal resident of the City. If a member
fails to attend four consecutive regular meetings or fails to attend
at least 75% of all meetings during any preceding twelve-month period,
the Board may recommend to the Mayor that the member's position be
declared vacant. Within 30 days of the Board's recommendation, the
Mayor shall respond in writing either declaring the position vacant
or rejecting the recommendation.
B.
When one or more vacancies occur, the Chairperson of the Board shall
immediately notify the Mayor in writing. Within 60 days of receipt
of such notice, the Mayor shall appoint, and the City Council confirm,
such additional members as necessary for full membership of the Board.
[Amended 5-18-1992 by Ord. No. 464; 8-19-1996 by Ord. No. 541]
A.
The presence of five Board members shall constitute a quorum. All
members, other than the Chairperson, are permitted to make and second
motions; and all members present, unless abstaining, may participate
in the discussion and deliberation. No meeting of the Board shall
be held or, once begun, shall be continued without a quorum as established
in this section. The Board shall act by majority vote, calculated
as follows:
|
Authorized Voters
|
Required Majority
| |
|---|---|---|
|
5
|
3
| |
|
6
|
4
| |
|
7
|
4
| |
|
8
|
5
| |
|
9
|
5
|
B.
The Chairperson is an authorized voter, but shall vote only when
such vote could break a tie or create a required majority.
C.
A member may abstain from voting only in accordance with the provisions
of this subsection. If a member wishes to abstain, he or she shall
so declare prior to consideration of the matter and the member shall
not then participate in the hearing, deliberation or other proceeding.
An exception will be made if a member or the Board determines during
a hearing, deliberation or other proceeding that the member would
be biased and therefore unable to reach an impartial decision or has
a conflict of interest. If this occurs, the member must immediately
abstain and shall not participate further in the hearing, deliberation
or other proceeding. Once a member has abstained, he or she shall
not be counted as an authorized voter.
D.
No member shall be authorized to vote on a matter if he or she did
not attend a public hearing or hearings held on the matter.
The Board shall have regular monthly meetings and have a Chairperson
and Secretary and such other officers as it may determine by vote.
It shall be the duty of the Board to make an annual report to
the City Manager no later than the third Monday of January of each
year, and such interim reports as may be advisable.
The City Council shall allow the Board an annual budget for
expenses. These expenses shall be incorporated as part of the Planning
Bureau budget and shall include expenses for Board training, site
visits, mailings, printing and reproduction.
[Amended 8-19-1996 by Ord. No. 541]
The Board's duties shall be to administer Chapter 300, Land Use, as amended or replaced from time to time. In addition, the Board shall administer any Growth Management Plan adopted pursuant to 30-A M.R.S.A. § 4324 and any other programs and/or ordinances so designated by the City Council.
The Board shall have the power to adopt all necessary regulations
and bylaws, not inconsistent with the provisions of this article,
to regulate its own activities. Such regulations and bylaws may be
adopted and amended from time to time by the Board without requiring
any action by the City Council and shall be filed with the City Clerk.
The Board shall be authorized to make recommendations to the
City Council. The Council shall be required to give consideration
to any matter when specifically requested to do so by the Board.
