2-101 Short Title
This Chapter shall be known and may be cited as the Town of Poland Planning Board Standards.
2-102 Establishment and Authority
The Planning Board of the Town of Poland, Maine, is hereby created and constituted under the provisions of the Maine Constitution and by Title 30-A, M.R.S.A. Sections 3001 and 4301 and subsequent, as amended.
2-103 Appointment, Tenure, Quorum and Vacancy
2-103.1 Appointment
The Planning Board shall consist of five (5) regular members and two (2) alternate members appointed by the Municipal Officers. They shall be residents and registered voters of the Town of Poland.
A Municipal Officer may not be a member of the Planning Board.
2-103.2 Tenure
The term of office of each regular member shall be three (3) years. The terms of office shall be staggered with the term of two regular members expiring in one (1) year, two regular members expiring in the second (2) year, and one regular member expiring in the third (3) year. The term of office for the alternate members shall be three (3) years.
The Board shall annually elect a chairman and vice chairman, and may create and fill such other offices as it may determine necessary. Officers shall serve one (1) year terms and shall be eligible for re-election.
2-103.3 Quorum
A quorum shall consist of three (3) members or designated alternate members. The Board shall act by majority of those present and voting. In the absence of a regular member, the Chairman shall designate an alternate member to act. If the same matter requires several meetings and is heard by both a regular member and an alternate member designated in the regular member’s absence, the member attending the most meetings on the matter shall be the member voting on the matter. Before voting, that member shall review the submissions, recordings, , and minutes of any meeting from which that member was absent.
(FPN: Amended 4-29-2006)
2-103.4 Vacancy
When there is a permanent vacancy, the Municipal Officers shall, within sixty (60) days of its occurrence, appoint one (1) of the alternate members to serve for the unexpired term. When a permanent vacancy occurs in an alternate member’s position, the Municipal Officers shall appoint a new alternate member from outside the Board.
A vacancy shall occur upon the resignation or death of any member or alternate member, or when a member or alternate member ceases to be a resident of the Municipality, or when a member or alternate member fails to attend four (4) consecutive regular meetings, or fails to attend at least 75% of all regular and workshop meetings during the preceding twelve (12) month period. When a vacancy occurs, the Chairman of the Board shall immediately so advise the Municipal Officers in writing. The Board may recommend to the Municipal Officers that attendance provision be waived for cause, in which case no vacancy will exist until the Municipal Officers disapprove the recommendation.
2-104 Rules and Regulations
The Board shall adopt rules and regulations for the transaction of its business, all of which shall be subject to modification by the Municipal Officers prior to Municipal Officers approval. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.
2-105 Duties
The Planning Board shall:
A. Review and act upon applications before it.
B. Prepare revisions, from time to time as needed, of the Town of Poland Comprehensive Plan and the Comprehensive Land Use Code of the Town of Poland;
C. Give the public ample opportunity to be heard concerning revisions to the Town of Poland Comprehensive Plan and the Comprehensive Land Use Code of the Town of Poland;
D. Perform those duties outlined in State law, the Town of Poland Comprehensive Plan, and the Comprehensive Land Use Code of the Town of Poland;
E. Investigate and report any problems referred to it in writing by the Municipal Officers or by the Town Manager;
F. Make studies on any area of Town development as it may deem necessary;
G. Make recommendations to the Municipal Officers concerning any projected Capital Improvement Programs;
H. Perform such duties and services as necessary to its proper function within the limits of the appropriation made for that purpose;
I. Submit a status report of the Planning Board when requested by the Municipal Officers; and
J. Make and enter into such contracts subject to the approval of the Municipal Officers as it may deem advisable to carry out the objectives and purposes of the Board, and shall have such other powers and perform such other duties as may be necessary for the administration of its affairs on behalf of the Town, and may obtain goods and services necessary for its proper function within the limits of its budget as approved by the Municipal Officers.
K. The Planning Board shall review the ordinances by the end of January of every even calendar year and at other times it deems necessary. The Board shall hold at least one hearing for public input to determine what, if any, are the problems being encountered or changes desired by the public. If changes are deemed necessary, then the board shall initiate an amendment procedure as prescribed in §1-109.
(FPN: Amended 4-28-2001)
2-106 Interrelation of Municipal Officers and Planning Board
The Board shall be an advisory body to the Municipal Officers. The existing Town of Poland Comprehensive Plan and Comprehensive Land Use Code of the Town of Poland shall not be revised or amended until the Board has made a careful investigation of all proposed revisions or amendments.
(End of Chapter 2)
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