Town of Dagsboro, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Dagsboro 2-4-2002 by Ord. No. 72; amended in its entirety 9-28-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 238.
Zoning — See Ch. 275.
There is hereby established the Town of Dagsboro Planning and Zoning Commission.
[Amended 12-19-2005; 2-27-2006; 5-19-2008; 2-23-2015; 2-27-2017]
The Town of Dagsboro Planning and Zoning Commission shall consist of five members, who are and have been residents or property owners in Dagsboro for at least three years before the date of their appointment, to be appointed by the Mayor of the Town of Dagsboro, subject to confirmation by a majority of the elected members of the Town Council, for terms of three years. A quorum shall be three members.
[Amended 2-27-2017]
The Mayor and the Town Administrator shall be ex officio members of the Planning and Zoning Commission. An ex officio member may exercise all powers of the regular members of the Planning and Zoning Commission except that he or she shall not have a vote. No ex officio members shall hold an office on the Planning and Zoning Commission.
[Amended 10-27-2008; 2-27-2017]
The Mayor, with the approval of the majority of the Town Council, may remove any member of the Planning and Zoning Commission for cause after a public hearing. The Mayor, with the approval of the majority of the Town Council and without the necessity of a public hearing, may remove any member of the Planning and Zoning Commission for reason that the member has been absent without reasonable excuse from two or more consecutive Planning and Zoning Commission meetings within a one-year period. Vacancies occurring other than by expiration of term shall be filled for the unexpired term by the Mayor, subject to confirmation by the majority of the elected members of the Town Council.
All members of the Planning and Zoning Commission shall serve without compensation but may be reimbursed for actual expenses incurred in connection with their duties.
[Amended 12-19-2005]
The Planning and Zoning Commission shall elect annually a Chairman from among its own members and may employ experts, clerks and such other assistants that its fiscal appropriations may permit with the prior consent of the Town Council. The Planning and Zoning Commission may also appoint a custodian of its plans and records, who may be the Town Clerk.
A. 
The Planning and Zoning Commission shall make its own rules of procedures and determine the times of its meetings. In the absence of such rules, the most current edition of Roberts Rules of Order shall govern.
B. 
All meetings of the Planning and Zoning Commission at which any official action is taken shall be open to the public.
C. 
The Planning and Zoning Commission shall keep minutes of its resolutions, transactions, findings, and determinations. The minutes shall register the vote of each member on each item considered by the Commission. The minutes shall also record when a member is absent or does not vote on an item. All records of the Planning and Zoning Commission shall be a public record.
D. 
The Planning and Zoning Commission shall hold at least four regular meetings per year. The Commission may meet at other times at the call of the Chairperson.
E. 
A majority of those present and voting is required to take official actions.
A. 
The Planning and Zoning Commission shall have the authority vested in municipal Planning Commissions by Chapter 7, Title 22, Delaware Code, as amended, including but not limited to the preparation and recommendation of a comprehensive development plan, its implementation and modifications, to the Town Council, and shall perform the duties therein set forth whether or not such authority or duties are expressly referred to herein, which include:
(1) 
Recommendations on subdivision applications.
(2) 
Recommendations on applications for variances, special exceptions, and appeals of administrative decisions.
[Amended 4-27-2009]
(3) 
Recommendations on zoning text and Zoning Map changes.
(4) 
Plans and studies as requested.
B. 
The Planning and Zoning Commission shall likewise have authority vested in it by any provision of this Code or by any resolution adopted by the Town Council.