HomeMy WebLinkAbout1977-02-28 148 AE ORDINANCE198 AE
INTRODUCED BY CWNCIWR xcKerraa, February 2e, 1977
CITY OF BANGOR
MTL) @rytnMteP7 Amendipg,phap ter IT, Article, 12,of_the ordinances
of the City of Bangor - Planning and Community Development Department
Beit ordained h W City Cmwx of W City dBanyor, as foibme:
THAT Chapter II, Article 12 of the Ordinances o£ the City of
Bangor be repealed and replaced with the following:
Sec. -1 Planning and Community Development Department Created. Pursuant
to
Article. V, Section 2 (a) of the City Charter, there is hereby
established-Khe Planning and Community Development Department
(hereinafter referred to as the 'Department"). The Department
shall be divided into two divisions, the Planning Division
and the Community Development Division.
Sec. 2 Director of Planning and Community Development. There is hereby
established the
position of Director of the Planning and Community Development
Department (hereinafter referred to as the Director"). This
position shall be included in the Personnel Classification
Compensation Plan for the City of Bangor. The Director shall
be appointed by the City Manager./ b °9" 7.
2.1 Powers and Duties. The Director, on behalf of the
Department, shall:
2.1.1 Supervise and direct all employees of the
Department.
2.1.2 Exercise all the powers and perform all the
duties conferred on and imposed by law on
the City of Bangor for purposes of its
Community Development Program.
CHAPTER II
ARTICLE
12
- PLANNING
AND COM9UNITY
DEVELOPMENT
DEPART[lENT
Sec. -1 Planning and Community Development Department Created. Pursuant
to
Article. V, Section 2 (a) of the City Charter, there is hereby
established-Khe Planning and Community Development Department
(hereinafter referred to as the 'Department"). The Department
shall be divided into two divisions, the Planning Division
and the Community Development Division.
Sec. 2 Director of Planning and Community Development. There is hereby
established the
position of Director of the Planning and Community Development
Department (hereinafter referred to as the Director"). This
position shall be included in the Personnel Classification
Compensation Plan for the City of Bangor. The Director shall
be appointed by the City Manager./ b °9" 7.
2.1 Powers and Duties. The Director, on behalf of the
Department, shall:
2.1.1 Supervise and direct all employees of the
Department.
2.1.2 Exercise all the powers and perform all the
duties conferred on and imposed by law on
the City of Bangor for purposes of its
Community Development Program.
148 AS
IN CITY COUNCIL a OPOINANCE X57
PeMnary 28, 1977
Received let reading, xeferxe3 to 1 ,YID n.=nding Chapter II Article 12
Community Development Revisory
Com/mittee - Consider next meting. of the Ordinances of the City of Ranges
It a 1 ✓°C ---:n / Planning and Cnwwnity Ceveiopment Department.
CITY C REOEWEC
IN CITY COUNCIL Intradnh3 enei /ilei ty
March 14: 1999
Consider neat meeting.
/l
4ei.v_AftJ M I i fiANC1SWYf
CITY
IN CITY COUNCIL
ReceiVed 2nd reading. Notion to
mend by substitution asattached
failed by the follasingyes ated n
vote:- CouMilois voting yes: Finnigan,
Gass, Henderson andzenazian. Councilors
voting not Brountas, NsK, Soucy,
soulas and Willey. Sec.2ramended Co
sad ..Ey the City Manager, subject
to confirmation by the City Council."
Notion to consider next meetin'i$9iled
by the following yes and m
Councilors voting yes: Pinnig, Gass,
Henderson. Councilors voting ,Aa:
Brountas, McKernan, Soucy, Saalls, Willey,
Sanction. finally passed by the following
yes and novote: Councilors v Ping yes:
9xountaa,McKernat Hwry, Shelter, Willey.
Councilors voting no Sinaloa ', Case,
Henderson and 2endzian. ..
CITY OF E;:.. i;OH
':I"iP OLEHif: ;:: FICE
911 HO til FII 3 28
2.1.3
Advise the City Manager, City Council and
Planning Board on all matters affecting the
phya ical growth and development of the City
when requested or required to do so and to
provide necessary staff service to the Planning
Board.
2.1.4
Provide information to the public on community
development programs and problems.
2.1.5
Integrate and coordinate all individual pro-
jects
and programs relating to the planning
and development of the City. _
2.1.6
Before the first Council meeting of each month,
the Director shall make a report
do the City
Manager as to the business of
his Department
during the preceding month.
2. 1.7
Perform such other duties as are prescribed by
the City Manager.'
Sec. 3 Functions of the Planning and Community Development Depart-
an�aitmeht shall be responsible for the efficient
operation of its Planning Division and its Community
Development Division. The Department shall also be respon-
sible for any other duties imposed by the City Manager.
3.1 Community Development Division. The Community Develop-
ment Division's primary
function shall be to assist in the development of the
City, including the development of decent housing, suit-
able living environments, and the expansion of decent
opportunities, principally for persons of low and mod-
erate income living in the City. Consistent with this
primary objective, the activities of the Division shall
be directed toward the following specific objectives: -
3.1.1 Elimination of Slums. The elimination of slums
and blight and the pre-
vention of blighting influences and the deterior-
ation of property in neighborhoods and community
facilities of importance to the welfare of the
community, and principally of importance to
persons of low and moderate income living in the
City.
3.1.2 Elimination of Detrimental Conditions. The
elimination
of conditions which are detrimental to health,
safety and public welfare, through code enforcement,
demolition, interum rehabilitation assistance, and
related activities.
3.1.3 Conservation of Decent Housing. The conservation
and expansion of
the City's housing inventory to provide a decent
home and a suitable living environment for all
persons, but principally those of low and moderate
income.
3.1.4 Expansion of Community Services. The expansion and
improvement of
the quantity and quality of community services,
principally for persons of low and moderate income,
which are essential for sound community development
in the City.
3.1.5 Better Utilization of Land and Resources. A more
rati6hal
utilization of land another natural resources in
the better arrangement of residential, commercial,
industrial, recreational and other needed activity
centers.
3.1.6 Reduction of Isolated Income Groups. The reduction
of isolated
income groups within the community and the geo-
graphical area and the promotion of an increase in
the diversity and vitality of the City's neighbor-
hoods through spatial deconcentration of housing
opportunities for persona of lower income and
reorganization of deteriorating neighborhoods to
attract persons of higher income.
3.1.7 Restoration of Special Properties. The restoration
and preservation
of properties of special value for historic, architec-
tural or aesthetic reasons.
3.1.8 Other Functions. The performance of all other
relat�tunctions as may be required by the City
Council or by the Housing and Community Develop-
ment Act of 1974, Public Law 93-383, as may be
amended.
3.2 Planning Division. The Planning Division's functions
shall be to promote and to coordinate
rational land use in the City in accordance with the
City's Comprehensive Plan and all applicable laws and
ordinances. The Division shall:
3.2.1 Undertake research studies and prepare and
recommend a comprehensive plan, including the
development of more detailed plans and programs
based on the comprehensive plan for area renewal,
conservation, rehabilitation or redevelopment.
3.2.2 Review and submit written comments to the Director,
the City Manager, and the City Council upon all
proposals to amend the Zoning Ordinance, the Sub-
division Ordinance, the Official Map and such other
ordinances as the City Council or the City Manager
may refer to the Division. From time to time it
shall make recommendations for the updating and
revision of ordinances relating to planning in
the City of Bangor.
3.2.3 Maintain the Official Map and keep it up to date.
3.2.4 Prepare and recommend, and assist other departments
of the City in, the planning and development of
specific projects intended to complement the com-
prehensive plan.,
3.2.5 Perform such other duties as the City Manager or
the Director may require.
Sec. 4 Inter -Department Coordination. The Department shall coordinate
and supervise all activities
of the City's departments and agencies, including the Urban
Renewal Authority, for purposes of performing the functions
and objectives described in Section 3 herein. The City Manager
may assign to the Department such City personnel as may be
necessary.
Sec. 5 City Planning Board Created. There is hereby established a
City Planning Board for the City
of Bangor which shall consist of five members and two associate
members who shall be appointed by the City Council. The City
Planning Board shall, after the effective date of this ordinance,
act as a Planning Board under the provisions of the Revised
Statutes of Maine, as amended.
5.1 Qualifications. All members of the City Planning
Board shall be residents of the City
of Bangor, shall not be salaried officials of the City,
and shall serve without compensation.
5.2 Terme of Office. The term of each elected member shall
be far five years or until his successor
has been appointed and has qualified, except that the
respective teras of members first elected shall be one,
two, three, four, and five years. Any vacancy shall be
filled in the same manner for the unexpired term::_
5.3 Election of Chairman. The City Planning Board shall
annually elect one of its members
as Chairman. I
5.4 Powers. The City Planning Board shall have full power
add authority to make such investigations, maps,
and reports, and recommendations in connection therewith,
relating to the planning and development of the munici-
pality, as seem desirable to it, provided, however, that
the total expenditures for such purposes shall not exceed
the appropriation therefore together with such gifts as
may be placed at the disposal of the Council thereof.
Me City Planning Board shall also select one of its
members to serve as a regular member of the Sign Review
Committee, established by Chapter VI, Article 3.
5.5 Department Cooperation. Each officer and department of
the City is hereby directed to
give all reasonable aid, cooperation and information to
the City Planning Board, or to the authorized assistants
of the Planning Board, when so requested.
Sec. 6 Master Plan. It shall be the duty of the City Planning Board
to make and adopt a master plan of the City and
to perfect it from time to time. Such master plan shall show
existing and desirable streets, highways, street grades, bridges
and tunnels, viaducts,public places, parks, parkways, play-
grounds, roadways in streets and parks, sites for public build-
ings and structures, use and building zones, harbor commissioners'
lines, waterways, routes of railreads and buses, locations of
sewers, water conduits and other public utilities and other
planning features. Such master plan shall be established, added
to and changed from time to time by a majority vote of the
entire membership of the City Planning Board. It shall be a
public record, but its purpose and effect shall be solely to
aid the City Planning Board in the performance of its duties.
6.1 Changes in Master Plan. Whenever the City Planning
Board shall have adopted a
master plan or any part thereof, then and thenceforth
no streets, park or other public way, ground, place or
space, nonpublic building or structure shall be con-
structed or authorized in the City, and no change shall
be made in the zoning map of the City of Bangor until
and unless the location and extent thereof and the
suggested change of the zoning map shall have been _
submitted to the City Planning Board and until the
City Planning Board shall have made its report on any
such matter submitted to it.
6.2 Failure of Board to Act. The failure of the City
Planning Board to act, within
thirty (30) days from and after the date of submission
to it of such proposition as aforesaid, shall be deemed
to be its approval of any such matter unlesa a longer
period is granted by the Municipal Officers.
Sec. 7 Official Map. The Municipal Officers shall establish an
official map of the City showing the streets,
highways and parks theretofor laid out and established by
law and such other ways then existing and used in common by
more than two owners. Such official map is hereby declared
to be established to conserve and promote the public health,
safety.convenience and general welfare.
7.1 Registering the Official Map. Upon the adoption of such
official map and upon any
change therein or addition thereto, made as hereinafter
provided, the City Clerk shall forthwith file with the
Registry of Deeds of Penobscot County a certificate of
such action and a copy of such map as adopted or a
changed or added to. When any street, highway or park
is legally located, widened, relocated, discontinued or
is taken or accepted by the City, such action shall
constitute an amendment to such official map.
.. 7.2 Changes in the Official Map. Whenever the Municipal
Officers deem it for the
public interest, they may change or add to the Official
Map so as to place thereon lines and notations showing
exasting or proposed locations, not previously mapped,
or new or widened public ways and new or enlarged parks,
and proposed discontinnances in whole or in part of exist-
ing or mapped public ways and parks. Before the Municipal
Officers shall make such change or addition to the Official
Map, they shall refer the matter to the City Planning
Board and the procedure laid down in Chapter XII, Article
1 to 15, and subsequent sections shall be followed.
Sec. 8 Plat Approval. After the Adopting of the Official Map, the
Municipal Officers shall, before approving any
plat showing streets or highways, refer such plat to the City
Planning Board for its report and recommendation thereon, and
the Municipal Officers shall not take any action either
approving or disapproving the plat until they have received
the report of the City Planning Board together with its
recommendations thereon.
8.1Public Hearing. Before making such report or recorded -
dations, as specified in Chapter II,
Article 12, Section 8 of this ordinance, the City Planning
Board shall hold a public hearing, which hearing shall
be advertised in a daily newspaper of general circulation
in the City of Bangor at least ten (10) days before the
date of such hearing, the cost of said advertising to be
paid by the owner or developer. The City Planning Board
in its report may thereupon approve, modify, or disapprove
such plan.
8.2 Disapproval of Plats. If the City Planning Board refuses
to approve any such plat submiptga
to it for its recommendation and report, the reasons or
said refusal shall be stated upon the records of the City
Planning Board. After receiving the report of the City
Planning Board, the Municipal Officers shall take action
as they deem proper.
8.3 Failure of Board to Act. If the City Planning Board does
not make its report, with its
recommendations thereon, within forty-five (45) days from
the date when said plat was referred to it, the City
Planning Board shall be deemed to have approved said plat
and the Municipal Officers shall take such action thereon
as they deem proper.
8.4 Conditions Precedent to Approval. As a condition precedent
to its recommendation
of approval of any plat, the City Planning Board may pre-
scribe requirements of the extent to which and the manner
in which streets shall be graded and improved and water,
sewer and other utility'mains, pipes, connections or
other facilities shall be installed.
8.5 Plat Approval Requirements. In recomending the
approval of such plat, the
City Planning Board shall require that the streets and
highways shall have proper grades, be of sufficient width
and suitably located to accomandate the prospective
traffic .and to afford adequate light, air and access, in-
cluding access to fire -fighting equipment, to buildings
and to be coordinated so as to compose a convenient system,
and that the land shown on such plat shall be of such
character that it can be used for building purposes with-
out danger to health and also, in proper cases, that the
space for park or playground or other recreation purposes
of reasonable size is provided, and in determining concern-
ing the streets, highways and parks the City Planning
Board shall take into consideration prospective character
of the development, whether of residence, business or
industry.
8.6 Plat Requirements Containing Proposed Streets. No plat
which
includes a proposed street on way shall be approved by
the Municipal Officers except under the fallowing
conditions:
(1) The developer or owner has completed the
work of grading and improving the proposed
street or way in the manner and to the same
extent as that required of the developer or
owner by Chapter VI, Article 4, Section 3 of
the Street Acceptance Ordinance of the City
of Bangor; or
(2) The owner has signed an agreement to do the
work prescribed in subsection (1) above and
has further agreed that if the work is not
completed by the owner within a specified time
then the City of Bangor will have the right
and obligation to complete the work. Such an
agreement shall be accompanied by bond to be
furnished by the owner, in the amount of the
work, as determined by the City Engineer, and
approved by the City Manager; or
(3) The Municipal Officers have agreed to waive
part or all of the requirements of subsections
(1) and (2) above whenever the general public
interest so requires.
8.7 Addition of Plat to Official Map. Whenever such plat
shall be appzcved by
the Municipal Officers, ie shell be added to the Official
Map as an amendment thereto.
(Alternative Proposal)
CITY OF BANGOR
(TITLE,) rDyrllinWW9ts p ending Chapter Ix A ciale 11 of the ordinances of
the City of Bangor - Planning
Beit ordained by City CoaaoR of Re City ofBaayor,"Mkow:
— (1) THAT Chapter II, Article LL, Sections 1, 2 and 3 of the Ordinances of
the City of angor be repealed and replaced with the following;
CHAPTER it
ARTICLE 11 - PLANNING DEPARfIRNf
Sec. 1 Planning Department Created. pursuant to Article V, Section 2 (a)
of the City Charter, there is hereby
eatabliebed the Flaming Department (hereinafter referred to as
the 'Department").
Sec. 2 Director of Planning. There is hereby established the position of
Director of Flawing (Mreinafter referred
to as the 'bitectovl. This position shall be included in the
personnel Classification and Compensation plan for the City of
Bangor. The Director shall be appointed by the City Manager,
subject to confirmation by the City Council.
2.1 Powers and Duties. The Director, on behalf of the
Department, shall:
2.1.1 Supervise and direct all employees of the
Department.
2.1.2 Dndertme research studies and prepare and
recosswend a comprehensive plan, including the
_ development of more detailed plane and programs
based on the comprehensive plan for area renewal,
conservation, rehabilitation or redevelopment.
3.1.3 Review and submit written comments to the
City Manager and the City Council upon all
proposals to ameM the Coming ordinance, the
Subdivision ordinance, the official Map and
such other ordinances as the City Council o
the City Manager may refer to the Department.
from then to time he shall make r ®endations
for the updating and revision of ordinances
relating to planning 1m the City of Sanger.
2.1.4 Maintain the Official Map and keep it up to date.
2.1.5 prepare and recommend, with a istance from -
ibper City departments, in theeplanning and
development of specific projects intended to
complement the comprehensive plan.
2.1.6 perfox such other duties as the City Manager
may direct.
Sec. 3 (Reserved)
(2) THAT Chapter II,. Article 11, Section 8 of the Ordinances of the
City of Bagger be repealed.