BYLAWS proposed as of June 8, 2010
Bylaws and Rules of Procedure for the
Central Business Architecture, Conservation Commission, Historic District Commission,
Historical Commission, Planning Board, and Zoning Board
Section One: Shared Procedures
§ 1.1 -- Appointing Authority-
The Mayor makes all appointments to the respective boards. Appointments are confirmed by
City Council. Terms and composition of Boards are described within each section below.
§1.2 – Permit Applications:
Applications for all permits shall be prepared in accordance with the procedures in the applicable
statutes, ordinances, and regulations and the instructions on and attached to the application form.
Every application for action by the Board shall be made on the official application form
published on-line by the Office of Planning and Development.
§ 1.3 – Records at the Office of Planning & Development
The Office of Planning & Development, acting as staff/agent for the Planning Board, Zoning
Board, Central Business Architecture Committee, Conservation Commission, Historical
Commission, and Historic District Commission shall be responsible for preparing, keeping and
maintaining all official records and documents:
§ 1.4 – Procedure for Adopting & Amending:
These By-laws and Rules of Procedures may be adopted and subsequently amended at any
regular meeting by a majority vote of the applicable Board, provided that any original proposal
or amendment shall have been proposed at a regular meeting immediately preceding that during
which a vote is taken, and further provided that all members are mailed, emailed, or otherwise
provided copies of the proposal.
§ 1.5 – Notice of Board Meetings:
Notice of all regular meetings will be delivered, emailed, or mailed (postmarked) to members of
the board and posted with the City Clerk, no later than the Monday prior to the meeting, and
notices of all regular and special meetings shall be posted in City Hall at least 48 hours prior to
the time of the meeting.
§ 1.6 – Public Hearings:
Notice of hearings shall be advertised as required by law. Public hearings shall be held as
required by law and for any other item for which the Board finds such a hearing will be useful.
§ 1.7 – Conduct of Public Hearings:
Public Hearings, which may take place during regularly scheduled meetings, will be advertised
in accordance with the applicable provisions of the State Statutes which governs it. Public
Hearings will be conducted in the following manner:
1.The Chair will announce that it is time for a Public Hearing and will announce the subject of
such hearing.
2.The Chair will review evidence of adequate advertisement and legal notice. The Chair will
then explain the procedure to be followed, including the time limits on speakers and the fact
that each speaker shall give his name and address for the record. The Chair will then
announce that the Public Hearing will begin.
3.The Chair will report on or ask staff to report on the issues that have to be addressed and
resolved by the board and the relevant sections of law and regulations, any new or changed
information pertinent to the subject, and all memoranda, opinions, comments and
recommendations of City departments or boards pertinent to the matter.
4.The applicant and their representatives or project staff person will then make a presentation
regarding the matter and the board may ask questions.
5.The public will be invited to testify and make relevant comments or ask relevant questions.
6.After the public has been heard, the Chair will then allow the applicant and/or project staff
person to respond to any issues/questions. The Chair will then have all letters received
concerning the matter entered into the record.
7.The Chair will then call for a general Planning Board discussion or question and answer
period. Only the Chair may recognize speakers and shall refer questions to the appropriate
persons.
8.At any point, a public hearing may be continued or postponed to a time, place and date
certain, provided that these rules and procedures are adhered to when it is resumed, or may
be continued or postponed to a time, place and date not certain, providing required
advertising and notice procedures are followed to announce the time, place and date of
resumption.
9.Any information presented to/at a hearing by members of the public may only be done so
after the person presenting agrees to provide a paper/or electronic copy of such presentation.
§ 1.8 – Public Participation during Meetings:
During a regular meeting, members of the general public will only be allowed to address the
Chair or Board upon the invitation of the Chair or invitation of a Board member and consent of
the quorum. If the Chair determines that a meeting or Public Hearing is becoming too disorderly
to properly conduct business, he/she may request a motion for a recess. In addition, the Chair
may ask for a vote to eject unruly members of the audience pursuant to the General Laws. A
majority of the quorum will carry the motion.
§ 1.9 – Quorum and Attendance at Regular Board Meetings:
A majority of the authorized membership of the Board will constitute a quorum and must be
present to conduct a meeting.
Any Member who misses more than three consecutive meetings, should consider resigning from
the Board.
Section 2: Northampton Planning Board
§ 2.1 – Board Composition-
The Planning Board consists of 9 members comprised of 7 regular members and 2 associates.
Members are appointed for 5 year terms on a staggered schedule. Associate members may vote
on all actions except the adoption of plans and the approval of subdivisions, as further detailed
below.
§2.2—Purpose and Intent
These Bylaws and Rules of Procedure shall govern the operation of meetings and business before
the Northampton Planning Board in carrying out its duties and responsibilities. Where there
appears any conflict between these Rules and any law, city ordinance, or subdivision regulations,
the law, ordinance, and regulations shall govern.
For any item of parliamentary procedure not governed by these rules or by appropriate laws, the
Chair’s ruling, subject to override by a majority of the Board, will govern.
§ 2.3-- Election of Officers and Appointment to Committees
A Chair and Vice Chair shall be elected by a majority of the quorum at the first meeting in April
of each year. Standing committees, representatives to other organizations, and members
authorized to sign Approval Not Required plans shall be appointed at this meeting. Vacancies
will be filled in the same manner at the next meeting of the Board following receipt of a notice
of vacancy Associate members are permitted to participate in these acts.
A Planning Board member may serve as Chair or Vice Chair for 3 consecutive years, after which
he/she shall not be eligible to be nominated for the same position until one year has passed.
However, a two-thirds (2/3) vote of the Board can waive this provision.
§ 2.4 – Chair: Powers and Duties
The Chair shall preside at meetings, establish agenda, call special meetings, represent the Board
in certain matters, and have the power to appoint board members to standing and special
committees. The Chair may vote on all matters coming before the Board and may participate in
debate.
Prior to the commencement of a Special Permit or Site Plan Public Hearing only (does not
include Subdivision hearings or actions on Comprehensive Plans), the Chair shall designate
Associate Planning Board member(s), on a rotating basis, to sit in the event that any board
member is absent, unable to act, or has a conflict of interest. When acting on any permit, there
shall not be more than seven Board members voting on any Site Plan or Special Permit
application.
§ 2.5 - Vice Chair: Powers and Duties:
The Vice Chair shall carry out the functions of the Chair in his/her absence.
§ 2.6 – Associate Members: Powers and Duties:
Associate Members shall be designated to sit on the Board by the Chair, as outlined under
Section 2.3 above. Associate members may participate as non-voting members in any other
matters before the Board. Associate members are not allowed to vote on any permit requiring
Subdivision Approval, or on approvals of components of Master/Comprehensive Plans, or to
hold office.
§ 2.7 – Meetings:
Regular meetings of the Board will be held on the second and fourth Thursdays of each month
beginning at 7:00 p.m. in the City Council Chambers, Wallace J. Puchalski Municipal Building,
212 Main Street, Northampton, or such other time and/or place as is available for staff to
coordinate meeting space.
Any Member or Associate member who misses more than three consecutive meetings, or misses
more than 25% of the meetings in one calendar year, should consider resigning from the Board.
Special meetings may be called by the Chair at a time and location generally convenient to the
Public. There shall be at least 48 hours notice given for a special meeting except for
emergencies, as defined by state statute.
The Board may also hold other types of public meetings, subcommittee meetings, information
sessions, workshops in which the public is invited to participate.
§ 2.8 – Votes of the Board:
Unless otherwise stated within these Rules and Regulations or as stated within applicable statues
and regulations of the Commonwealth of Massachusetts, the majority of the quorum is required
for a passing vote, except for Special Permits, where a super majority(5) is required for a passing
vote.
Section Three: Northampton Zoning Board
Section Four: Northampton Conservation Commission
§ 4.1 – Commission Composition:
The Conservation Commission consists of 7 members. Three members of the Conservation
Commission shall hold office for terms of one year; two members shall hold office for a term of
two years, and two members shall hold office for a term of three years, respectively, from the
third Thursday in March next following such appointment, or until their successors are qualified.
Vacancies shall be filled in the same manner as the original appointment.
§ 4.2 - ARTICLE I. Purpose and Intent
:
These By-Laws and Rules of Procedures shall govern the operation of meeting and
business before the Northampton Conservation Commission in carrying out its duties and
responsibilities as assigned to it by ordinance of the City of Northampton and the General Laws
of the Commonwealth of Massachusetts. Where there appears any conflict between these Rules
and State Laws or the City Charter, the Law and the Charter shall govern.
§ 4.3ARTICLE II. – Meetings:
1.Regular semi-monthly meetings of the Commission will be held as determined by
Conservation Commission, beginning at 57:00 p.m. in the City Hall Hearing
Room,Council Chambers, Wallace J. Puchalski Municipal Building, 2120 Main Street,
Northampton, or such other place as is determined appropriate by the Chair. Meeting
may be cancelled or postponed for cause at the discretion of the Chair.
2.Special meetings may be called by the Chair at a time and location generally convenient
to the public. There shall be at least 48 hours notice given for a special meeting (see #5
below).
3.Emergency meetings (same as special meetings, but without the ability to give 48 hours
notice) may be called by the Chair; however, any action taken at an emergency meeting
shall be confirmed at the next regular meeting.
4.A majority of the authorized membership of the Commission will constitute a quorum
and must be present to hold a meeting. Any member who misses more than three
consecutive meetings, or who is unable to attend more than 75% of the meetings, should
consider the advisability of resigning from the Commission. Any member who cannot
attend shall attempt to notify Conservation Commission staff or the Chair.
5.Unless otherwise stated, the majority of the quorum is required for a passing vote.
6.Notices of all regular meetings will be delivered or mailed (postmarked) to members of
the Commission, and the City Clerk no later than the Tuesday prior to the meeting, and
notices of all regular and special meetings shall be posted and City Hall at least 48 hours
prior to the time of meeting.
7.Public Hearings, which may take place during regular scheduled meetings, will be
advertised according to the Provisions of Article III below.
8.For other than public hearings, members of the general public will be allowed to speak
only upon specific invitation of a member of Commission and with the consent of the
Chair. If the Chair feels that a meeting or public hearing is becoming too unruly to
properly conduct business, he/she may request a motion for a recess. In addition, the
Chair may exclude unruly members of the audience, pursuant to the General Laws.
9.The Northampton Office of Planning and Development, acting as staff agency for the
Commission, shall be responsible for keeping and maintaining the following official
records and documents of the Commission:
a.Minutes of meeting
b.Agenda
c.Staff reports and recommendations
d.Duplicate copies of plans and all other information pertaining to Wetland permits
e.Correspondence
f.Policies and By-Laws
g.Reports of investigation on any matter
h.All other information as directed by the Conservation Commission filed,
including but not limited to, Conservation Commission files, Master Plans, etc.
i.The Office of Planning and Development will be responsible for keeping notes
and records, and for preparing agenda and copies of minutes necessary for
conducting meetings.
ARICLE III. Public Hearings
Public Hearings, when called, will be conducted in the following matter:
1.The Chair will announce that is it time for a Public Hearing, and will announce
the subject of such Hearing.
2.The Chair will review evidence of the adequate advertisement and legal notices
and, if found to be appropriate and proper according to law, will have the
advertisement read into the record. The Chair will then explain the procedures to
be followed, including the fact that each speaker shall give their name and address
for the record. The Chair will then announce that the Public Hearing will begin.
3. The Chair will report on any new or changed information pertinent to the subject
thereby introducing into the record all memoranda, options, comments and
recommendations of City Departments or Boards and all other correspondence
pertinent to the matter.
4.The principal proponent will then be asked to make presentation regarding the
matter at hand.
5.Other persons supporting the position of the proponents will then be allowed to
express the fact of their support, and to present such supporting information as
was not included in the initial previous presentation and any letters supporting the
project shall be read into the record.
6.1.Before opponents to an application or petition are called to speak, a member of
the Commission may move for invocation of summary procedure and, if seconded
and voted by the majority of those members present, may subsequently move to
deny the request made by a petition, based on a finding that the evidence
presented was not adequate to justify request. If the motion for denial is then
seconded and passes a majority of those present, the Public Hearing may be
deemed completed.
7.Those persons speaking in opposition to the position taken by the principal
proponent are then allowed to speak, each being allowed to express the fact of the
opposition and to present such supportive information as was not included in the
previous presentations, and any letters opposing the project shall be read into the
record.
8.The Chair will then call for a general discussion or question and answer period
and will establish a time limit. During this period, the Chair will recognize
speakers and refer questions to the appropriate persons.
9.At any point, a Public Hearing may be continued or postponed to a time and date
certain, provided that these rules and procedures are adhered to when it is
resumed, or may be continued postponed to a time and date not certain, providing
required advertising and notice procedures are followed to announce the time and
fate of resumption.
10.The Commission shall attempt to schedule Public Hearings to begin not later than
8:00 P.M.
§ 4.3 - ARTICLE IV Officers:
1.The first regular meeting held each calendar year will be the organizational
meeting, during which officers will be elected, standing committees appointed,
representative to particular organizations elected, etc.
2.There will be two officers, each elected by a majority of members present at the
organizational meeting. They are:
a.Chair, whose principal responsibilities are to preside at meetings, establish
agenda, call special meetings, represent the Commission in certain
matters, and appoint members of standing, and special committees. The
Chair may vote on all matters coming before the Commission, and may
participate in debate.
b.Vice Chair, whose principal responsibilities are to carry out the functions
of the Chair in his/her absence.
3.Vacancies will be filled in the same manner as prescribed above for original
appointment at the next meeting of the Commission held following the vacancy.
§ 4.3 - ARTICLE V. Adoption and AmendmentsReview:
1. These By-Laws and Rules may be adopted and subsequently amended at any
regular meeting by majority vote of the Commission, provided that any
original proposal or amendment shall have been proposed at the regular
meeting first preceding that during which a vote is taken, and further provided
that all members are mailed or hand delivered copies of the proposal in the
interim.
2.1.These rules shall be reviewed and reaffirmed at the first meeting in February
each year.
These By-Laws and Ruled of Procedure were adopted, as amended, on February 13, 1990, by
unanimous vote
These By-Laws and Rules of Procedures were reaffirmed on February 11, 1992.
Section Five: Northampton Central Business Architecture Committee
Section Six: Northampton Historical Commission
Section Seven: Northampton Historic District Commission
Section Eight: Review Fees for Zoning and Wetland Applications
§ 8.1 – Determination to Require Review Fees:
If, after receiving an application the Zoning Board, Planning Board, or Conservation
Commission determines that in order to properly review and process that application it requires
technical advice unavailable from municipal employees or departments, it may employ outside
consultants. Whenever possible the Board shall work cooperatively with the applicant to identify
appropriate consultants and to negotiate payment of part or all of consultant fees by the
applicant. Alternatively, the Board may, by majority vote, require that the applicant pay a
reasonable review fee in accordance with M.G.L. c. 44, § 53G for the employment of outside
consultants chosen by the Board alone.
A review fee may be imposed only if:
1.The work of the consultant consists of review of studies prepared on behalf of the applicant,
and not of independent studies on behalf of the Board.
2.The Board finds that an adequate review cannot be performed by city employees/contractors.
3.The work is in connection with the applicant’s specific project, and
4.All written results and reports are made part of the record before the Board.
Before a fee is imposed:
1.The applicant shall be given five business days notice and opportunity to submit written
comments relative to the invitation for bids or requests for proposals.
2.The applicant shall be given five business days notice and opportunity to comment on all
bids or proposals prior to the selection of the consultant and the award of a contract.
3.The applicant shall be given five business days notice and the opportunity to file an appeal of
the selection of the outside consultant with the City Council. Grounds for said appeal are
limited to written claims, with documentation, that the consultant selected has a conflict of
interest or does not possess the minimum required qualification in accordance with M.G.L. c.
44, § 53G. If the City Council does not act within thirty days the Boards decisions shall
stand.
4.Any invitation for bids or request for proposals shall indicate that award of the contract is
contingent upon payment of a review fee. If the applicant fails to pay the review fee within
ten days of receiving written notification of the execution of a contract with a consultant, the
Board may deny the permit.
Each review fee shall be deposited in a special account established by the municipal treasurer
pursuant to M.G.L. c. 44 § 53G.
1.Funds from the special account may be expended only for the purposes described in Section
5.1 above, and in compliance with the Uniform Procurement Act, M.G.L. c. 30B, § 1-19.
2.Within sixty days of completion of the project or of such time as the applicant formally
withdraws the proposal, the applicant shall received a final report of funds in the special
account and shall be paid any unspent excess in the account, including accrued interest (if
any).
Adoption History:
Planning Board adopted (Section 1, 2 and 8): May 27, 2010
Zoning Board adopted (Section 1, 3 and 8): _______________/2010
Conservation Commission adopted (Section1, 4 and 8): ____________/2010
Central Business Architecture Committee adopted (Section 1 and 5): ___________/2010
Historical Commission adopted (Section 1, and 6): __________/2010
Historic District Commission adopted (Section 1 and 7): ________/2010