DIVISION 7. - PLANNING BOARD

Footnotes:

--- (9) --- Charter reference— Planning board, § 2-18.

Cross reference— Subdivisions, ch. 15; zoning, ch. 19.

State Law reference— Local planning boards or commissions, G.L. 1956, § 45-22-1 et seq.; home rule charter cities exempt, G.L. 1956, § 45-22-1.

Sec. 2-166. - Created; composition; appointment of members generally; qualifications and compensation of members.#

There is hereby created a planning board consisting of seven members who shall be qualified electors of the city and who shall not be public officeholders of the city, except that one of them may be a member of the zoning board of review. The seven members shall be appointed in accordance with the provisions of the city charter and shall receive remuneration for their service on the board as established by the city council.

(Rev. Ords. 1987, § 2-166; Ch. 742, § I, 8-20-19)

Sec. 2-167. - Ex officio members.#

In addition to the planning board members provided for in section 2-166, there shall be three ex officio members consisting of the mayor or his or her authorized representative, a member of the city council selected by the council and a member of the school committee or its superintendent, who may be appointed by the school committee. All of the ex officio members shall sit with the planning board and shall serve in such capacity for and during their term of office, provided that such ex officio members of the board shall have no voting powers as members of the board.

(Rev. Ords. 1987, § 2-167; Ch. 742, § I, 8-20-19)

Sec. 2-168. - Appointment of first members; term of office; vacancies; removal from office.#

(a)

The four members of the planning board who are appointed by ward and the three members appointed city-wide shall serve for a period of five years, except that the initial appointments for members of the planning board pursuant to this division shall be made as follows: The member appointed from Ward 1 shall be appointed for a term of one year, whose term shall expire January 15, 1997; the member appointed from Ward 2 shall be appointed for a term of two years, whose term shall expire January 15, 1998; the member appointed from Ward 3 shall be appointed for a term of three years, whose term shall expire January 15, 1999; the member appointed from Ward 4 shall be appointed for a term of four years, whose term shall expire January 15, 2000; and one member appointed shall be appointed for a term of five years, whose term shall expire January 15, 2001. Two additional city-side members shall also be appointed. The term of the first appointment shall expire January 15, 2023, and the term of the second appointment shall expire January 16, 2024.

(b)

Each member shall continue in office until his successor has been duly appointed and qualified. In case any vacancy shall occur in the board for any cause, the vacancy shall be filled in the manner provided above, and the appointed shall serve for and during the unexpired term of his predecessor.

(c)

Any member of the board may be removed by the city council for due cause including malfeasance, misfeasance, or nonfeasance generally and in particular:

(1)

Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the board;

(2)

Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved or will be affected by a decision of the board.

(Rev. Ords. 1987, § 2-168; Ch. 742, § I, 8-20-19)

Sec. 2-169. - Election of officers.#

The planning board shall elect a chair from its members whose term of office shall be for one year and who may be eligible for reelection. The board may, at its discretion, likewise elect a vice-chair. The board shall also elect a secretary in the same manner as the chair.

(Rev. Ords. 1987, § 2-169; Ch. 742, § I, 8-20-19)

Sec. 2-170. - Rules of transaction of business; record of resolutions, transactions, etc.#

The planning board shall adopt rules for the transaction of its business and shall keep a permanent record of all the resolutions, transactions, findings, determinations and recommendations; and all such records shall become public records.

(Rev. Ords. 1987, § 2-170; Ch. 742, § I, 8-20-19)

Sec. 2-171. - Duties of officers.#

(a)

The chair of the planning board shall preside over all its meetings, and in his or her absence the vice-chair, if such office exists, shall take over the duties of the chair. If the board fails to elect a vice-chair, the members of the board shall appoint a temporary chair to conduct the meeting in the absence of the chair.

(b)

It shall be the duty of the secretary to keep minutes of all board meetings, record all its transactions and authenticate such minutes and records. All of the records shall be kept by the secretary as the board's permanent records, which shall be available to the general public for inspection at all times after the authentication of such records.

(Rev. Ords. 1987, § 2-171; Ch. 742, § I, 8-20-19)

Sec. 2-172. - Powers and duties of board.#

(a)

The planning board shall make careful studies of the construction, resources, possibilities and needs of the city with reference to its future and progressive development, and particularly shall investigate and consider any present or pending civic problems involving the physical construction, arrangement or equipment of the city. The board shall also study the causes and prevention of congestion of population, habitation or travel in the city, study the causes and prevention of slum districts and the improvements of any districts in the city which are run down or decreasing in value and study the public health or sanitary condition or public means and facilities for promoting the public health, comfort or welfare of the city.

(b)

It shall be the function and duty of the planning board to make and recommend to the city council for adoption a comprehensive plan for the physical development of the municipality which shall fulfill the requirements of G.L. 1956, § 45-22.2-1 et seq., and cover the following areas: Economic development, land use, housing, natural resources, circulation, cultural and natural resources, and services and facilities.

(c)

The planning board may make reports and recommendations relating to the comprehensive plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens.

(d)

It shall be a function of the planning board to adopt, modify and amend regulations and rules governing land development, development plan review, unified development review, and subdivision projects within the city and to control land development, development plan review, unified development review, and subdivision projects pursuant to these regulations and rules. These regulations and amendments thereto, shall be adopted after a public hearing in accordance with G.L. 1956, § 45-23-25 et seq. Printed copies of the regulations shall be available to the general public and shall be revised to include amendments. Any appendices shall also be available. A reasonable charge may be made for copies.

(e)

It shall recommend to the mayor, for inclusion by the mayor in his or her annual budget, a capital program of proposed capital projects for the five fiscal years next succeeding the budget year, the proposed projects to be arranged in order to preference with recommendations as to which projects should be constructed and in which year. The program of financing the capital projects shall also be presented. All public officials shall upon request furnish to the board, within a reasonable time, such available information as it may require for its work.

(f)

The board shall have authority and be required to perform the following functions:

(1)

Prepare plans for the clearance and rebuilding of slum districts in blighted areas within the city;

(2)

Promote public interest in the understanding of the board's planning, zoning, slum clearance and all other phases of the comprehensive plan;

(3)

Meet at least once each month and more often if necessary to accomplish its purposes and objectives;

(4)

Request additional assistance for special survey work from the mayor who may, at this discretion, assign to any department or direct such department to make such special studies as the board may request;

(5)

Make and recommend plans for the planning, improving and redeveloping of neighborhoods within the city;

(6)

Make and recommend plans for the replanning, reconstruction and redeveloping of any district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or other disaster;

(7)

Receive and review all applications for change of zoning made to the city council and consider the applications for recommendation to the council.

(Rev. Ords. 1987, § 2-172; Ch. 742, § I, 8-20-19; Ch. 944, § I(Att.), 9-2-25)

Sec. 2-173. - Reserved.#

Editor's note— Chapter 742, § I, adopted August 20, 2019, repealed § 2-173. Former § 2-173 pertained to entry upon land; placing markings, etc., upon land and derived from § 2-173 of the Rev. Ords. 1987.

Sec. 2-174. - Comprehensive plan—Purpose.#

The comprehensive plan shall be made for the purpose of guiding and accomplishing coordinated, adjusted and harmonious development of the physical ground of the city which will, in accordance with the future and existing needs, best promote public health, safety prosperity, the general welfare of the people and the economy and efficiency of communal life.

(Rev. Ords. 1987, § 2-174; Ch. 742, § I, 8-20-19)

Sec. 2-175. - Same—Preparation.#

(a)

The comprehensive planning process shall be undertaken in accordance with G.L. 1956, § 45-22.2-1 et seq. After a comprehensive study is made by the planning board, it shall prepare a comprehensive plan with accompanying maps, plats, charts and descriptive explanatory matter showing the board's recommendations for physical development of the general location, character and extent of streets, bridges, viaducts, parks, parkways, waterway and waterfront developments, playgrounds and other public ways, grounds, public places or areas, the general location of public buildings and other public property, the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication and other purposes and the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, areas, buildings, properties, utilities or terminals.

(b)

The comprehensive plan may be prepared by the board for recommendation to the mayor and city council in accordance with G.L. 1956, § 45-22.2-1, either as a whole plan or in parts from time to time, which shall correspond generally with one or more of the functional subdivisions of the subject matter of the comprehensive plan.

(c)

The board may, from time to time, recommend additional amendments, extensions, deletions or additions to the comprehensive plan.

(d)

The preparation of the plan or any part, amendment or addition thereof shall be approved by a vote of the majority members of the board. Such vote shall refer expressly to the maps, descriptive matter and other matters intended by the board to form the whole or part or parts of the plan. The vote shall be recorded on the prepared plan, part or parts thereof by the identifying signature of the secretary of the board, and the plan, part or parts thereof shall be submitted to the city council for approval or rejection or to be returned to the planning board for further study and revision.

(e)

In the study for the preparation of the comprehensive plan, part or parts thereof, the planning board may recommend to the mayor and city council for approval the letting out of contracts for professional services and consultants which the board deems necessary. The engagement of professional services and consultants shall be within the limits of the amounts appropriated for those services by the city council in its annual budget.

(Rev. Ords. 1987, § 2-175; Ch. 742, § I, 8-20-19)

Sec. 2-176. - Same—Adoption.#

(a)

Upon completion of the comprehensive plan, part or parts thereof, the planning board may recommend the plan, part or parts thereof, to the city council for its consideration to either adopt, reject or refer the plan, part or parts thereof, back to the planning board with instructions to amend, modify or expand the plan, or parts thereof. After complying with the city council's directive, the board shall submit the modified plan, part or parts thereof to the council for adoption in its final form.

(b)

The city comprehensive plan consisting of an inventory and analysis of existing conditions; land use plan element; housing plan element; economic development plan element; natural, historical and cultural resources plan element; recreation, conservation and open space plan element; community services and facilities plan element; and circulation plan element is hereby adopted as the comprehensive plan for the city. The comprehensive plan shall become effective upon approval by the state pursuant to the laws of the state contained in G.L. 1956, § 45-22.2-1 et seq., and any rules and regulations adopted by the state pursuant to such statute.

(Rev. Ords. 1987, § 2-176; Ch. 742, § I, 8-20-19)

Sec. 2-177. - Same—Construction, etc., of streets, parks, etc., after adoption of plan.#

(a)

Whenever the city council shall have adopted the comprehensive plan of the city, or any part or parts thereof, then and henceforth no street, park or other public way, ground, place or area, no public building or structure and no public utility, whether publicly or privately owned, shall be constructed or authorized in the city until and unless the location and extent thereof shall have been submitted to the planning board for its recommendation of approval or disapproval to the city council. If the planning board shall recommend its disapproval of such projects, the board shall communicate its reasons of disapproval to the city council, and the city council may either adopt or reject the decision of the planning board. The city council may refer any matter relative to the comprehensive plan, part or parts thereof, to the appropriate board, commission or department head with instructions to proceed in accordance with the council's directive.

(b)

The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use or acquisition of land for sale or lease of any street or other public way, ground, place, property or structure shall be submitted to the planning board for its approval or disapproval and such recommendations, with the board's reasons, to the city council as it may deem proper. Failure of the board to act on matters presented to it contained in this section within 30 days from the date of its filing shall constitute an approval and recommendation of the matters presented to the city council.

(Rev. Ords. 1987, § 2-177; Ch. 742, § I, 8-20-19)

Sec. 2-178. - Department of planning and economic development; director of planning and economic development; division of planning; division of economic development.#

(a)

There shall be a department of planning and economic development, the head of which shall be known as the director of planning and economic development who shall be appointed by the mayor. The director of planning and economic development shall possess a bachelor's degree in public or business administration, economics, finance, urban planning, or a related field.

(b)

The department of planning and economic development shall be divided into two divisions, the division of planning and the division of economic development.

(1)

The division of planning shall create, maintain, and implement all neighborhood, redevelopment and special area plans, and oversee environmental planning, historic preservation planning, and transportation planning and transit initiatives.

(2)

The division of economic development shall be responsible for identifying and promoting development opportunities for business growth and development in the city. The division is also responsible for disbursing and monitoring the expenditure of federal community development funding. The division shall be responsible for identifying opportunities to expand development for arts and culture within the city.

(3)

The director of planning and economic development shall work with the division of building inspection, for the purpose of coordinating permitting for developments from the design phase to final inspection,

(4)

The director of planning and economic development shall work with the director of finance and other members of the finance department as may be necessary for the purpose of maximizing economic development initiatives in the city and to promote the long term financial wellbeing of the city which shall include the formulation of a multi-year financial forecast.

(c)

The director of planning and economic development or his or her designee shall be the technical advisor of the planning board and shall be responsible for the preparation of all records of the board, which records shall be authenticated by the board's secretary. The director shall also have the power to call a special meeting of the planning board.

(d)

The director of planning and economic development shall be the administrative head of the department of planning and economic development who, in addition to such other duties fixed by the mayor, shall prepare a fiscal department budget for presentation to the mayor. Such budget shall set forth the necessary funds for the department of planning and economic development, as well as the funds for the use of the planning board.

(Rev. Ords. 1987, § 2-178; Ch. 742, § I, 8-20-19)