Roxbury Planning Board Public Hearing
No further meetings are planned or required as of June 2010. The following lists meetings that occurred:
Planning Board consideration of amendments to the town's land use plan and zoning ordinance. Please see the notice posted at the town office for details.
January 6, 2009, 6:00 pm
Town Meeting to vote on proposed amendments:
January 15, 2009
The following is a list of procedural steps and time requirements the
Independence Wind offered to the public meeting August 21.
Land Use Ordinance and Comprehensive Plan Amendments: Summary of Required Events and Timing Deadlines
Comprehensive Plan Amendment Process Ordinance Amendment Process*
SELECT BOARD MEETING
In order to amend the Comprehensive Plan, the Select Board must officially appoint the Planning Board to serve as the “planning commission” and to craft the Comprehensive Plan amendment. 30-A M.R.S.A. § 4324(2).
COMPREHENSIVE PLAN AMENDMENT PUBLIC HEARING
The Planning Board must hold a public hearing on the Comprehensive Plan Amendment.
•
Post Public Notice 30 days before: The Planning Board must post notice of the comprehensive plan amendment public hearing. 30-A M.R.S.A. § 4324(8). The statute does not require publishing a notice in a newspaper of general circulation, but we recommend such notice be published in order to satisfy the requirement that public notice be reasonably calculated to notify the general public in the jurisdiction. This publication need not be made a full 30 days in advance, but it must provide the public reasonable notice of the public hearing.
•
Amendment Available 30 days before: A copy of the proposed Comprehensive Plan amendments must be made available for public inspection at each municipal office or other convenient location with regular public hours. 30-A M.R.S.A. § 4324(8)(B).
ORDINANCE AMENDMENT PUBLIC HEARING
Once the Planning Board has drafted the Ordinance amendment, the Planning Board must hold a public hearing.
•
Post Public Notice 13 days before: The Planning Board must post notice of the ordinance amendment public hearing in the municipal office. 30-A M.R.S.A. § 4352(9)(A).
•
Mail Abutter Notices 13 days before: Where the proposed amendment has the effect of prohibiting industrial, commercial or retail uses where those categories of uses are currently permitted, or permitting any of those categories of uses where they are currently prohibited, for each parcel within the town that is in or abutting the proposed rezone area, the Planning Board must mail notice of the ordinance amendment public hearing (including map) by first class mail to the last known address of the person to whom property tax on each parcel is assessed. 30-A M.R.S.A. § 4352(10)(B).
•
Mail Water Supplier Notice 13 days before: The Planning Board must mail notice of the ordinance amendment public hearing (including map) by first class mail to a public drinking water supplier if the area to be rezoned contains its source water protection area. 30-A M.R.S.A. § 4352(10)(B).
•
Publish Newspaper Notice 12 days before: The Planning Board must publish notice of the ordinance amendment public hearing at least 2 times in a newspaper that complies with 1 M.R.S.A. § 601 and that has a general circulation in the municipality. The first publication must be at least 12 days before the public hearing. 30-A M.R.S.A. § 4352(9)(B).
•
Publish Newspaper Notice 7 days before: The Planning Board must publish the notice a second time at least 7 days before the public hearing. 30-A M.R.S.A. § 4352(9)(B).
TOWN MEETING
The Town Meeting must vote on both the Comprehensive Plan Amendment and the Ordinance Amendment.
•
Post Public Notice of each amendment 7 days before: The person to whom the town meeting warrant is directed shall post an attested copy of the warrants in a conspicuous, public place in the town at least 7 days before the town meeting, unless the town has adopted a different method of notification. 30-A M.R.S.A. § 2523(4).
•
Certification of proposed ordinance 7 days before: The municipal officers must certify copies of the proposed ordinance and the proposed comprehensive plan to the municipal clerk at least 7 days prior to the town meeting. The Town Clerk must keep those copies of the proposed ordinance and comprehensive plan as a public record, and must make additional copies available for distribution to the voters from the time of the certification. Additional copies also must be made available at the town meeting. 30-A M.R.S.A. § 3002(2).
PLANNING BOARD MEETING
The Planning Board must discuss, work on, and draft the Comprehensive Plan amendment in a public meeting.
•
Post Public Notice: Public notice must be given for all meetings of the planning committee pursuant to 1 M.R.S.A. § 406. 30-A M.R.S.A. § 4352(4).
August 19, 2008
Page 1
August 19, 2008
Page 2
Land Use Ordinance and Comprehensive Plan Amendments Summary of Required Events and Timing Deadlines Continued
Additional Notes Regarding the Comprehensive Plan Amendment Process:
•
The comprehensive planning statute emphasizes citizen participation in this process by requiring the municipality to solicit and consider a broad range of public review and comment including the broad dissemination of proposals and alternatives, opportunity for written comments, open discussions, information dissemination and consideration of and response to public comments. 30-A M.R.S.A. § 4324(2)(B) & (3). All public notices should state that the Planning Board will accept public comments in person at the public hearing and also in writing up to the date of the public hearing.
•
If a follow-up public hearing is held, public notice requirements pursuant to 1 M.R.S.A. § 406 must be followed and the changes to the language must be made available for public inspection at each municipal office before any follow-up hearing. In other words, a follow-up public hearing does not require another 30-day advance public notice.
•
Serving as the appointed planning committee, the Planning Board shall make recommendations to the town meeting regarding the adoption and implementation of the comprehensive plan amendment. 30-A M.R.S.A. § 4324(2)(B).
Additional Notes Regarding the Ordinance Amendment Process:
•
Please see Checklist for Enacting and Amending an Ordinance drafted July 9, 2008.
The following is draft language submitted to the August 21 Planning Board public hearing as proposed revisions to the Roxbury Comprehensive Plan.
Draft Roxbury Comprehensive Plan Amendments
August 17, 2008
SECTION I: INVENTORY AND ANALYSIS
NATURAL RESOURCES
Page I-36:
[Add a new section after the Wildlife
Habitat section:]
Wind Resources
Wind resources are
significant natural assets that are found primarily on high elevation ridges.
On its mountain ridges, Roxbury has the potential to allow appropriate
development of wind energy farms to contribute to the energy self-sufficiency
and economic development of the area.
Capturing this potential will require careful development of road access
to ridges using methods that prevent erosion, minimize scenic impacts, and
protect special habitats for wildlife.
Capturing this potential will require implementation of appropriate
environmental protection strategies in accordance with Maine Department of
Environmental Protection statutes and regulations as well as applicable local
ordinances. Proper utilization of these
resources will result in significant economic benefit to the town and its
residents.
SECTION III. POLICIES AND IMPLEMENTATION STRATEGY
PLANNING ISSUE: Natural Resources
Page
III-70: Policies:
[Add
bullet:]
·
It is a policy
of the Town to recognize wind energy as a valuable natural resource and to
allow reasonable utilization of that resource.
Page
III-72: Implementation- Strategies:
10. Local
ordinances should contain provisions which require an assessment by the
Planning Board of the impact upon scenic sites as identified in the
Comprehensive Plan caused by proposed structural development and grant the
Board authority to require development which is found to impact identified
scenic sites and views to minimize negative impacts caused by such development. In the case of Wind Energy Facilities, the
Planning Board may accept the findings of the Maine Department of Environmental
Protection under the Maine Department of Environmental Protection Regulations
06-096 Ch. 375 Sec. 14 concerning the effect on scenic character.
Roxbury's
Use Plan
Page
III-80:
Principles which guided the development of the Future
Land Use Plan included the following:
3. The
desire to manage development so that Roxbury’s valued characteristics including
forest land, surface waters, scenic views, natural resources and open space are
maintained and balanced with other goals of this Future Land Use Plan,
including the goal of promoting and encouraging alternative energy production,
minimizing climate change and fostering energy independence through appropriate
siting of Wind Energy Facilities.
Page
III-81:
12. The
desire to promote and encourage alternative energy production in order
to minimize climate change and foster energy independence through appropriate siting
of Wind Energy Facilities.
Page III-83:
2. Woodland/Recreational/Rural
District: The purpose of this district
is to encourage commercial forestry, agriculture and maintain current town
character while allowing low density development, Residential, forestry and
agricultural uses should be permitted. Residential
lot standards for lots not part of a subdivision as defined in Title 30-A M.R.S.A.
Section 4401 should be a minimum of 80,000 sq. ft. with a minimum of 200 feet
street frontage. When, subdivisions
occur, an overall density should not exceed one dwelling unit per 10 acres with
the area to be built upon or developed (those areas where buildings, driveways,
lawns and; clearing will occur) not to exceed 40,000 sq. ft, The remaining
land, if leased, should be managed by the lessee. When the land will be owned,
the landowners should form a landowners association to manage the land.
Management objectives should relate to forestry or agriculture. Home occupation are permissible. New residential development adjacent to Routes
17 and 120 should have a minimum set back of 50 feet from the right-of-way and
maintain a buffer of existing vegetation of a minimum of 20 feet.
Commercial uses associated with rural locations
including but not limited to forestry/construction equipment sales and service;
recreational uses, products, sales and services; forestry and agricultural
products; sawmills; and neighborhood stores are permissible after Site Plan
Review. Where commercial development and wood landings or yards occur along
Routes 17 and 120, performance standards should require that minimum set backs
Including parking are 50-feet from the rights-of-way, a maximum of one curbcut
and landscaping or retention of natural vegetation.
should be a minimum of 80,000. sq. ft. with a maximum lot coverage of
structures and parking not to exceed 50%.
Wind Energy Facilities should be permitted subject to
the presentation to the Planning Board of a Maine Department of Environmental
Protection Site Location of Development permit.
In the absence of such a Maine Department of Environmental Protection
Site Location of Development permit, a permit should be obtained from the
Planning Board for the use of land as a Wind Energy Facility.