§ 504. Meetings, Votes, Decisions and Records  


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  • A. Public Participation. Participation at a Planning Board meeting, hearing or any other proceeding, by any party, shall not be cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton or willful misconduct.

    B. Votes and Decisions. All voting decisions of the Planning Board shall be made part of the permanent record and shall show the members present and their votes. A decision by the Planning Board to approve any land development or subdivision application shall require a vote for approval by a majority of the current Planning Board total membership. This shall mean that if the Board consists of seven (7) members, the affirmative vote of four (4) members is required, regardless of the number of members who are actually present and/or voting at the time.

    C. Records.

    1. All records of the Planning Board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivision projects under review by the Planning Board shall also be available for public review.

    2. All final written comments to the Planning Board from the Administrative Officer, municipal departments, state and federal agencies, and local boards or commissions, shall be part of the permanent record of the development application.

    3. All written decisions of the Planning Board shall be recorded in the Land Evidence Records within thirty-five (35) days after the Planning Board vote. A copy of the recorded decision shall be mailed within one (1) business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice from the Administrative Officer.