City of Augusta, ME
Kennebec County
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Table of Contents
Table of Contents
[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.