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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