Planning Board Rules of Procedure
RULES OF PROCEDURE
TOWN OF WINCHESTER
PLANNING BOARD
Authority
These rules of procedure are adopted under the authority of New Hampshire Revised Statutes annotated. RSA 676:1.
Members
1. The Planning Board shall consist of 6 elected members and the Selectmen shall designate one Selectman as an ex-offcio member with power to vote.
2. Selection, qualification, term, removal of members and filling of vacancies shall conform to RSA 673.
3. Alternate members may serve on the Planning Board as authorized by RSA 673:6.
- Up to five alternates shall be appointed by the board for staggered three year terms.
- Alternates should attend all meetings to familiarize themselves with the procedures and applications before the board.
- Alternates input on applications are encouraged but an alternate will not vote unless authorized as a sitting member.
4. All members shall attend a minimum of one land use training class per year.
Officers
1. The Chairperson shall be elected annually by the majority vote of the board in the next meeting after the annual elections. The Chair shall preside over all meetings and shall be responsible for conduct and decorum of the meetings. The Chair shall have the responsibility to ensure that all parties receive a full and fair hearing before the board, to enforce the rules herein and applicable state laws, appoint such committees as directed by the board and shall affix his/her signature in the name of the board. The Chair shall select an alternate to fill in for a member who is not or cannot sit in on an application.
- The Vice Chairman shall be elected annually by the majority of the board at the next meeting after the annual elections. The Vice Chair shall preside over meetings and assume the duties of Chairman in the absence of the Chairman.
3. The Land Use Assistant (LUA) shall maintain a record of all meetings, transactions, and decisions of the board and perform such other duties as the board may direct by resolution. The LUA may also hold a seat on the board if he/she is a resident of Winchester.
4. The Secretary shall be elected annually by the majority vote of the board at the next meeting after the annual elections. The secretary shall record the minutes and other clerical functions at a meeting if the LUA is absent. The secretary shall sign all approved plats.
Meetings
1. Board regularly holds meetings in the Winchester Town Hall at 7pm and ending at 10pm on the first & third Monday of each month.
2. Special meetings may be called by the Chairman or in her/his absence, by the Vice Chairman, or at the request of three members of the board provided public notice and notice to each member is given at least 48 hours notice in advance of such meeting. The notice shall specify the purpose of the meeting.
3. Non public sessions shall be held only in accordance with RSA 91-A:3.
4. A quorum of 4 members is required to conduct business.
5. If a regular member is absent from a hearing or meeting, or disqualifies his/herself from sitting in on a particular application, the Chair shall designate one of the alternate members to sit in place of such member. The alternate should continue with the matter under consideration until the matter is complete.
6. An affirmative vote by the majority of members voting on a question shall be sufficient for the passage. Members are expected to vote on matters before the board, abstaining from a vote is discouraged.
7. When a vote on a question is evenly divided, the question shall be deemed to have been defeated.
8. The chairman shall vote on each question as a regular member.
9. A motion to reconsider a previous vote by the board shall be in order only if made by a member within 30 days of the decision.
10. General order of business;
- Call to order / Roll call
- Public Hearings
- Minutes
- Any old or new business.
Applications
1. The Chairman or Land Use Assistant shall not schedule an application for consideration by the board that is not substantially complete.
2. Pursuant to state law, an application may only be "accepted" by the Planning Board at a duly noticed public hearing.
3. All applications shall be received a minimum of 21 days prior to the date of the expected consideration of the application by the board.
4. Any revisions to an active application must be received a minimum of seven days prior to the next board meeting.
5. All applications shall be made on forms provided by the board and shall be presented to the Land Use Assistant who shall note on the forms the date of receipt.
6. All applications shall have all fees submitted.
7. Notice of submission and public hearings shall be given as required by RSA 676 which is 10 days for site plan and subdivision review and 14 days for earth excavation. RSA 676:4 allows the board to combine the notice of submission with the notice of hearing.
A planning board may hold additional hearings without additional written notice so long as the date, time, and place of the next session is made known at the hearing. See RSA 676:4,I(d). The board reserves the right to review the application and hold a public hearing on the same day.
8. Posting of notices will be in compliance with state RSA's. Public places will be two of the following; Kulicks, Post Office, Town web site, or Town hall.
9. Completed applications shall be accepted by the majority of the board and shall be considered within 30 days of such acceptance. The board shall reject all applications that are not complete.
10. All applications and supporting documents are on file for review at the Town Hall during regular business hours.
Public Hearings
The conduct of public hearings shall be governed by the following rules:
1. The Chairman shall be the moderator and call the hearing into session.
2. The Chairman or the assistant shall identify the applicant and report to the board on the proposal that will include a brief summary of the application and the abutter's list.
3. The applicant will present the proposal.
4. Members of the board may ask questions at any point during the presentation.
5. Each person who appears shall be required to state his/her name and address and indicate whether he/she is a party to the case or agent, or counsel of the party of the case.
6. Any party to the matter who desires to ask a question of another party must do so through the Chairman.
7. Those in favor of the application who have a direct interest shall be allowed to speak.
8. Those in opposition of the application who have a direct interest shall be allowed to speak.
9. All written correspondence submitted by an abutter for consideration on the application shall be read.
10. Other boards, commissions, or department comments shall be read or heard.
11. Questions and comments will be brief and non repetitive.
12. The Chairman shall only allow comments or questions in regards to the application.
13. The Chair shall maintain decorum of the meeting at all times.
14. Rebuttals will be allowed.
15. The Chair may summarize the facts in the application and the claims made from each side. Opportunity shall be given for corrections from the board or the floor.
16. The board shall decide whether to close or continue the hearing. If additional material is needed to render a decision then a continuance would be necessary.
Additional notice would not be required if the date, time and location is announced at this time.
Decisions
1. The board shall render a written decision on all completed applications within 65 calendar days of the date the application is determined to be complete, subject to extension or waiver as provided in RSA 676:4,I,(f).
2. The board shall act to approve, conditionally approve, approve with conditions or disapprove with reasons.
3. A notice of decision will be made available for public inspection within five business days after a decision is made per RSA 676:3. If the application is disapproved, the board shall provide the applicant with written reasons for disapproval.
Records
1. The records of the board shall be kept in the Planning Board office and shall be made available for public inspection at the Town Hall as required by RSA676:3II.
2. The board tape records all meetings when possible. It is the board’s decision whether to tape a meeting or not. Tapes shall only be kept for 6 months and then will be destroyed unless it is a tape of a case that is under litigation. Tape recordings are not considered the official documents of the meeting. Only final, approved minutes are considered the legal document of the meeting as required by state law.
3. An unofficial copy or draft of the minutes shall be available to the public within 5 business day of the meeting.
4. All minutes of the board shall be considered a summary of events, that include the names of board members, persons appearing before the board, and motions made by the board.
Site Visits
1. A site visit is defined as a visit by a quorum of the board, a board member or the board's representative to a location which is the subject of an application before the board, where the visit is in the company of the owner applicant, their agents and involves going onto the property.
2. When the board deems it necessary for the adequate consideration of an application, the board shall request the applicant to allow a site visit by the board.
3. Site visits shall be posted and conducted as a regular meeting. Minutes shall be taken if a quorum of the board is present.
4. If the board's designee or individual board member is the sole site visitor, this person shall report findings to the board at the next meeting in regards to the application.
5. The practice of an applicant directly contacting a member to invite that member to visit a property without prior approval from the board shall be discouraged as an inappropriate course of conduct.
6. The board shall refrain from making decisions on an application while on a site visit. Any comments, motions or direction to an applicant should be made at the subsequent public hearing.
Joint Meeting and Hearings
1. As provided by RSA 676:2, joint meetings and hearings may be held with other land use boards at the discretion of the boards involved.
2. Joint meetings or hearings may be held at any time, with proper notice, and agreement of by the chairs of said boards involved.
3. Joint hearings must be formally noticed as such with the same applicant(s) and the same subject matter.
4. The Planning Board Chairman will preside over the joint hearings as required by RSA 676:2, and the Planning Board’s procedures for public hearings shall be followed.
5. Introduction of both board members will be at the beginning of said hearing and the reason for the joint hearing will be stated.
6. Each board involved in a joint hearing shall make its own decision, based on its criteria for the particular matter. Each board will render its own written decision.
Standards of Conduct
1. The Planning Board acts in two different capacities, one quasi judicial and the other legislative.
2. Quasi judicial is when the board holds public hearings on applications and will hear evidence and arguments in regards to the application before them.
3. Legislative action is for policy making such as regulations.
4. The primary obligation of the Planning Board is to serve the public interest and to allow an applicant a fair hearing.
5. A board member must not disclose or improperly use confidential information obtained in the course of his/her duties for financial gains or to further a personal interest.
6. A board member who has an interest in a application before the board may, following recusing himself/herself from the board, exercise his/her rights as a citizen and address the board on the issue under review.
7. Ex parte communications, whether verbal or written, impairs the procedural due process rights of interested parties, and undermines the public confidence of the Planning Board. Members receiving exparte communications should refrain from responding and direct the person(s) to the next board meeting.
Disqualification of Members
1. No member of the Planning Board shall participate in deciding in a judicial capacity if that member has a direct personal, pecuniary interest in the outcome of the application, provided in RSA 673:14, I.
2. Request for a disqualification of a member must come from a member and prior to the commencement of the public hearing, and then must be voted on by the board. Said vote is advisory and non binding, as provided in RSA 673:14, II.
Removal of Members
Appointed or elected members may be removed by the Board of Selectmen after a public hearing upon written findings of inefficiency, neglect of duty or malfeasance in office as per RSA 673:13.
Any regular member who has missed six meetings in a one year timeframe, not due to sickness, injury, family emergency or other reasons accepted by the board shall be considered neglecting their duty of office and shall be reported to the Selectmen for a request of removal from office. All absences shall be reported in a timely manner.
Subcommittees
1. The Planning Board shall when necessary, establish a Master Plan subcommittee. This committee will have a minimum of one planning Board member.
2. The Planning Board shall when necessary, establish a capital improvement program subcommittee. This committee shall a have a minimum of one planning board member.
3. The Planning Board at its discretion may create additional subcommittees to work on other board projects such as Zoning updates, subdivision regulation updates, site plan review updates and any other similar projects.
Amendments
These rules may be amended by a majority vote of the board after a public hearing on the amendments.
Waivers of Rules of Procedure
Any portion of the rules may be waived in such cases, in the opinion of the board, strict conformity would pose practical difficulty to the applicant or the board and the waiver would not be contrary to the spirit and intent of the rules.
Adopted by the Planning Board on May 18, 2009
Amended March 15, 2010
Amended May 16, 2011