Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
Chapter 60: Planning and Zoning Commission
[HISTORY: Adopted by the Town Council of the Town of Bethany Beach 11-18-2016 by Ord. No. 527.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 410.
Zoning — See Ch. 425.
[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Editor's Note: This ordinance superseded former Ch. 60, Planning and Zoning Commission, adopted 10-21-2016 by Ord.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).