A.
Continuation. Pursuant to Title 22, Section 701(a), of the Delaware
Code, the Town shall continue to maintain a Planning and Zoning Commission.
B.
Organization.
(1)
Members. The Planning and Zoning Commission shall consist of five
members.
(2)
(4)
Appointments. Pursuant to Title 22, Section 701, of the Delaware
Code, the Mayor shall appoint members of the Planning and Zoning Commission,
subject to confirmation by a majority of the Town Council.
(5)
Chairperson and Secretary. Pursuant to Title 22, Section 701, of
the Delaware Code, members shall elect annually a Chairperson and
a Secretary from among themselves.
(6)
Vacancies. Pursuant to Title 22, Section 701, of the Delaware Code,
a vacancy occurring prior to the expiration of a term shall be filled
in the same manner as a member appointed to a full term.
(7)
Removal. Pursuant to Title 22, Section 701, of the Delaware Code,
the Council may remove a member for cause by majority vote after a
hearing.
(8)
Compensation. Members may be compensated as determined by Town Council.
D.
Conduct of meetings. The Planning and Zoning Commission shall adopt
rules of procedure for the conduct of meetings
A.
Continuation. Pursuant to Title 22, Section 321, of the Delaware
Code, the Town shall continue to maintain a Board of Adjustment.
B.
Organization.
(1)
Number of members. Pursuant to Title 22, Section 322, of the Delaware
Code, the Board of Adjustment shall consist of five members.
(2)
Qualifications. Pursuant to Title 22, Section 322(d)(1), of the Delaware
Code:
(a)
Members shall be residents of the Town;
(b)
At the time of appointment and throughout the term of office,
a member shall not be a candidate for, a candidate-elect to, or incumbent
in any elected political office, a Town employee, or a member of the
Planning and Zoning Commission at the time of appointment and throughout
the term of office; and
(c)
Members shall have knowledge of and experience with the problems
of rural and urban development.
(3)
Term of office. Pursuant to Title 22, Section 322(d)(2), of the Delaware
Code:
(6)
Vacancies. Pursuant to Title 22, Section 322(d)(2), of the Delaware
Code:
(a)
A vacancy occurring prior to the expiration of a term shall
be filled for the remainder of the unexpired term in the same manner
as a member appointed to a full term; and
(b)
The person appointed to complete an unexpired term shall have
the same qualifications as members appointed to full terms.
(7)
Removal. Pursuant to Title 22, Section 322(d)(3), of the Delaware
Code, the Town Council may remove a member for just cause after a
hearing by majority vote.
(8)
Compensation. Members may be compensated as determined by Town Council.
C.
Responsibilities.
(1)
Administrative appeals: hear and decide appeals where an error is
alleged in any order, requirement, decision, determination, interpretation,
or denial of an application by the Administrative Official regarding
the administration or enforcement of this chapter as authorized in
Title 22, Section 327, of the Delaware Code.
(2)
Special exceptions: hear and decide special exceptions as authorized
in Title 22, Section 327, of the Delaware Code.
(3)
Variances: authorize variance from the strict application of the
provisions of this chapter as authorized in Title 22, Section 327,
of the Delaware Code.
(5)
Beneficial use appeals: hear and decide applications for beneficial use appeals pursuant to § 140-107.
(6)
Vested rights exemptions: hear and decide applications from any person, entity, owner or equitable owner of property not otherwise exempted from the requirements of this chapter, who asserts a vested right to continue development under the ordinances, regulations, laws, policies, standards, or fee structures in place immediately before the adoption of this chapter or any amendment thereto pursuant to the standards in Article I, § 140-11D.
D.
Meetings and hearings. Pursuant to Title 22, Section 323, of the
Delaware Code, meetings and hearings of the Board of Adjustment shall
be scheduled and conducted as follows:
(1)
Schedule. The Board of Adjustment shall hold meetings and hearings
at the call of the Chairperson and as the Board's workload warrants.
(2)
(3)
Minutes.
(a)
The Board of Adjustment shall keep minutes of its examinations
and other official actions, including resolutions, transactions, findings,
and determinations.
(b)
All meetings of the Board of Adjustment shall be recorded. The
recordings shall be maintained in the Office of the Board of Adjustment
for at least one year following the date of the meeting.
(c)
The minutes shall record the vote of each member on each item
considered by the Board of Adjustment. The minutes shall also record
when a member is absent or fails to vote on any item.
(4)
Action.
(a)
A quorum shall consist of at least three members of the Board
of Adjustment.
(b)
Three affirmative votes are required to take official action.
(c)
A tie vote shall constitute denial of any application, appeal,
interpretation, etc.
(d)
All official actions of the Board of Adjustment shall be in
writing.
(5)
Pursuant to Title 22, Section 323, of the Delaware Code, all records
of the Board's examinations, minutes, and official actions shall be
filed promptly in the office of the Board of Adjustment and shall
be a public record.