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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h W City Cmwx of W City dBanyor, as foibme: THAT Chapter II, Article 12 of the Ordinances o£ the City of Bangor be repealed and replaced with the following: Sec.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.