[HISTORY: Adopted by the Town Council of
the Town of Millville 11-13-2007 by Ord. No. 07-12; amended in its entirety 1-8-2019 by Ord. No. 19-08. Subsequent amendments noted where applicable.]
There is hereby established a Commission to be known as the
"Planning and Zoning Commission," hereinafter referred to as the "Commission."
A.
The Commission for the Town of Millville shall consist of not less
than five nor more than nine members. The members of the Commission
shall be appointed by the Mayor and subject to confirmation by a majority
of the members of the Town Council, for a term of three years, and
shall not otherwise hold Town elective office. The terms of the members
of the Commission first appointed pursuant to this chapter shall expire
as follows: two members shall be appointed for a term of three years;
two members shall be appointed for a term of two years; and one member
shall be appointed for a term of one year. Each of the members shall
be at least 21 years of age, and a bona fide resident of the Town
of Millville, with an interest in urban and rural planning and development.
All members shall be eligible for reappointment. In the event the
Chairperson of the Commission is not able to otherwise have a quorum
for a scheduled meeting, the Town Manager and Code and Building Official
shall be the first and second alternates to the Commission, and may
exercise all the powers of the regular members of the Planning and
Zoning Commission.
B.
Any member of the Commission may be removed by a majority vote of
the Mayor and Town Council for inefficiency, neglect of duty or malfeasance
in office. Any vacancy which may occur on the Commission shall not
affect its powers or functions, but shall be filled in the same manner
in which the original appointment was made.
C.
Any member of the Commission who fails to attend 75% of the scheduled
meetings of the Commission in any twelve-month period, without an
excuse acceptable to the Chairperson, shall be deemed to have resigned,
and the vacancy shall be filled as herein provided for the original
appointments. Any vacancy occurring other than by expirations of term
shall be filled for the remainder of the unexpired term in the same
manner as an original appointment.
The Commission shall elect annually a Chairperson and Secretary
from among its members and may enlist experts, clerical and other
assistants. The Commission may also appoint a custodian of its records.
The Planning and Zoning Commission shall make its own rules of procedure
and determine its time of meeting. Meetings and records of the Commission
shall be open to the public according to the provisions of 29 Del.
C. Chapter 100.
[1]
Editor's Note: Former § 33-4, Salaries of compensation,
was repealed 2-9-2021 by Ord. No. 21-06.
A.
The Planning and Zoning Commission shall plan for the development,
improvement, and beautification of the Town.
B.
Comprehensive Plan.
C.
The Commission shall perform the duties therein set forth whether
or not such authority or duties are expressed or referred to herein,
which include, but are not limited to:
(1)
Recommendations on subdivision applications.
(2)
Recommendations on site plan review applications.
(3)
Recommendations on change of zoning requests.
(4)
Review and amend the comprehensive development plan from time to
time by a majority vote of the Planning and Zoning Commission, subject
to approval by the Town Council.
D.
The Commission shall have all of the powers, duties and responsibilities
provided for in the laws of the State of Delaware, ordinances of the
Town of Millville, and other powers, duties and responsibilities as
assigned by the Mayor and Town Council.
A.
The Commission may hold regular monthly meetings, the dates to be
determined by the Commission. For the conduct of any meeting or hearing,
a quorum shall not be less than three members. A majority vote of
the members present and voting shall be required to take any action
on questions brought before the Commission.
B.
The Commission shall hold its meetings within 60 days of when an
application is received for any zoning issue, and the Commission may
hold additional meetings at its discretion. The Town Manager will
notify the Commission members to set the time and date of the meeting.
If the Commission fails to timely hold a meeting on an application,
the application shall be forwarded to the Town Council for its determination
without the need of any action by the Commission.
In carrying out its duties, the Commission may seek the advice
of various groups with interest in matters of concern to the Commission,
including but not limited to federal, state and county governments,
public and private organizations and civic groups working in the field
of municipal planning issues.
The Commission is not authorized to enter into any contract
or agreement with any public or private organization, but shall recommend
such course of action to the Town Council in order to carry out its
assigned tasks.
The Town Council may, at its discretion, assign other duties
to the Commission.
The Town Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations of Chapter 155 of this Code or the regulations of this chapter. Any such amendment may be initiated by resolution of the Town Council or by motion of the Commission, or by petition of any property owner addressed to the Town Council. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the Commission.
Before taking any action on any proposed amendment, supplement or change to the districts or the regulations of Chapter 155 of this Code, the Town Council may submit the same to the Commission for its recommendation and report. Failure of the Commission to report within 45 days after the proposal has been referred to the Commission shall be deemed a recommendation of approval.
The Commission may hold a public hearing on any proposed amendment, supplement or change to the districts or the regulations of Chapter 155 of the Code, before submitting its report to the Town Council and for this purpose may request the submission of all pertinent data and information by any person concerned.
