[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 11-18-2016 by Ord. No. 527.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 60, Planning
and Zoning Commission, adopted 10-21-2016 by Ord. No. 525.
There is hereby established the Town of Bethany Beach Planning
and Zoning Commission.
A.
The Planning and Zoning Commission shall consist of not less than
five nor more than nine members. A person holding Town elective offices
as well as the Town's Building Inspector shall be ex officio
members of the Planning and Zoning Commission while the members of
the Planning and Zoning Commission shall be residents or property
owners of the Town who do not hold any elective office of the Town.
An ex officio member may discuss and comment upon any matter before
the Planning and Zoning Commission, but shall not have a vote. No
ex officio member shall hold an office on the Planning and Zoning
Commission. The Planning and Zoning Commission shall make its own
rules of procedure and determine its time of meeting. All meeting
and records of the Planning and Zoning Commission, as defined in Chapter
100, Title 29, Delaware Code, shall be open to the public.
B.
The members of the Planning and Zoning Commission shall be appointed
by the Mayor and confirmed by the Town Council. The Planning and Zoning
Commission shall annually elect a chairperson from among its members.
C.
Members of the Planning and Zoning Commission may be removed by the
Town Council for cause (e.g., inefficiency, neglect of duty or malfeasance
in office) after a public hearing and by a vote of a majority of the
Town Council.
D.
Members of the Planning and Zoning Commission shall serve without
compensation but may be reimbursed for out-of-pocket expenses incurred
in connection with the duties prescribed for the Planning and Zoning
Commission; provided that no member of the Planning and Zoning Commission
shall be reimbursed for any expense in excess of $100 without the
approval of the Town Council and/or the Town Manager.
A.
The terms of appointment for members of the Planning and Zoning Commission
shall be for three years, beginning at the October Planning and Zoning
Commission meeting.
B.
A vacancy occurring otherwise than by expiration of a term shall
be filled for the unexpired term in the same manner as an original
appointment.
A.
The Planning and Zoning Commission shall plan for the development,
improvement and a beautification of the Town.
B.
Comprehensive Plan.
(1)
The Planning and Zoning Commission shall have the authority vested
in municipal Planning Commission by Chapter 7, Title 22, Delaware
Code, as amended, including but not limited to the preparation and
recommendation of the comprehensive development plan, the implementation
and modifications, to the Town Council, and shall perform the duties
therein set forth whether or not such authority or duties are expressed
or referred to herein, which include:
(a)
Recommendations and subdivision applications.
(b)
Recommendations on applications for variances, special exceptions,
and appeals of administrative decisions.
(c)
Recommendations on zoning text and Zoning Map changes.
(d)
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.
C.
The Planning and Zoning Commission shall administer Chapter 410, Subdivision of Land, of the Code of the Town of Bethany Beach.
D.
The Planning and Zoning Commission shall conduct special studies
and make recommendations to the Town Council and any other subject
related to the community development and shall have all the powers,
privileges and responsibilities as provided in 22 Delaware Code Chapter
7, as the same may be amended from time to time.
E.
All Town Council members, employees and agents shall, upon request
and within a reasonable time, furnish the Planning and Zoning Commission
such available information as may be required in the conduct of its
work. Where information is not provided in a timely manner in response
to a request from the Planning and Zoning Commission, the Planning
and Zoning Commission may submit such request to the Town Council
for action by the Town Council.
F.
The Planning and Zoning Commission shall prepare the following report,
such that the Town may provide it to the Office of State Planning
Coordination December 31 through each year. The report will describe
the implementation of the comprehensive plan, identify development
issues, trends or conditions since the plan was last adopted or amended.
G.
The Planning and Zoning Commission shall provide the proposed appropriations
for their total annual expenses to the Town Manager such that the
proposal may be included in the Town's normal budget and the
Town Council approval process. Planning and Zoning Commission will
present expenses incurred during the year to the Town Manager or staff
for processing and tracking in court with standard Town procedures.
The Town Council may refer any matter or class of matters to
the Planning and Zoning Commission before final action thereon with
or without provision that final action shall not be taken until the
Planning and Zoning Commission has submitted its report or has had
reasonable fixed time of 45 days to submit such report (22 Del. C.
§ 708).
The Planning and Zoning Commission shall have full power and
authority to make such investigations, maps and reports of the resources,
possibilities and the needs of the Town as it deems desirable, providing
the total expenditures of such Planning and Zoning Commission shall
not exceed the appropriation for its expenses. Upon completion of
any such reports, the Planning and Zoning Commission shall submit
the same to the Town Council with its recommendations. It shall report
annually to the Town Council on the activities of the Planning and
Zoning Commission during the preceding year. This report shall include
its expenditures for the year and its anticipated next year expenditures
(22 Del. C. § 703).
The Court of Chancery shall have the jurisdiction on petition
of the Planning and Zoning Commission established hereunder to enforce
this chapter and any ordinance or bylaws made thereunder and may restrain
by injunction violations thereof (22 Del. C. § 710).
