[HISTORY: Adopted by The Commissioners of St. Michaels 8-22-2007 by Ord. No. 352.[1] Amendments noted where applicable.]
[1]
Editor's Note: Section 2 of this ordinance provided that the members of boards in existence prior to the adoption of this ordinance shall continue to serve the terms under which they were appointed. Additional provisions for members of boards serving full terms as set forth in said Section 2 may be examined in the full version of Ord. No. 352 on file in the Town offices.
[Amended 12-12-2007 by Ord. No. 359; 5-28-2014 by Ord. No. 449; 5-27-2015 by Ord. No. 460]
Unless otherwise stated in the subsections below, all boards and commissions, committees and panels, hereafter "the board(s)," named in this chapter shall adhere to and be governed by the following rules:
A. 
The meetings of all boards and commissions shall be open to the public, unless the conditions and qualifications of Maryland Code, State Government Article § 10-508(a), are met.
B. 
Notice of the meetings of all boards and commissions shall be posted on the bulletin board in the Edgar M. Bosley, Jr., Administration Building (Town Office).
C. 
Each of the boards and commissions shall keep minutes, and a copy of the minutes shall be deposited with the Town Manager.
D. 
The boards and commissions shall adopt written rules of procedure to govern their meetings or shall follow those of The Commissioners of St. Michaels to the extent that they apply.
E. 
Vacancies on the boards and commissions occurring otherwise than through the expiration of term shall be filled for the unexpired term by the Town Commissioners in the manner specified for original appointments. All members of boards and commissions are eligible for reappointment.
F. 
All members of the boards and commissions shall serve as such without compensation, unless the Commissioners, by resolution, determine that appropriate compensation should be made to the members.
G. 
Removal.
(1) 
Members of boards and commissions may be removed by the Town Commissioners for:
(a) 
Incompetence;
(b) 
Misconduct;
(c) 
Failure to attend meetings under § 8-501 of the State Government Article; or
(d) 
Conviction of a crime in accordance with § 8-502 of the State Government Article.
(2) 
No public hearing will be conducted unless required under the Annotated Code of Maryland, Title 2 (Planning) and Title 4 (Board of Appeals).
(3) 
The Commissioners shall, in accordance with the Annotated Code, Title 2 (Planning), Title 4 (Board of Appeals) and Title 8 (Historic District Commission, file a written statement of charges stating the grounds for removal.
H. 
Members of boards and commissions are subject to all provisions of this Code, including Chapter 22 (Ethics).
A. 
In accordance with Maryland Annotated Code, Land Use Division, Title 2 (Planning Commission), there is a Planning Commission.
[Amended 5-27-2015 by Ord. No. 460]
B. 
The Planning Commission consists of five members appointed by the Commissioners of St. Michaels for five-year terms, or until the member's successor takes office.
[Amended 12-12-2007 by Ord. No. 377[1]; 5-27-2015 by Ord. No. 460]
[1]
Editor’s Note: This ordinance also provided that the initial terms for the two Planning Commission positions created by this ordinance shall expire on 12-31-2010 and 12-31-2011, respectively; assignment of said terms to those persons appointed to fill the positions shall be determined by lottery. Thereafter, the terms for the two Planning Commission positions created by this ordinance shall be for five years.
C. 
Each appointed member of the Planning Commission shall be a full-time resident of the Town of St. Michaels at the time of appointment and during the term of the member. For the purpose of this subsection, "full-time resident" means declaring the Town of St. Michaels the person's primary residence for tax purposes.
D. 
[2]Chair of Commission.
(1) 
The Planning Commission shall elect one of its members to be its chair.
(2) 
The term of chair shall be one year, with eligibility for reelection.
[2]
Editor’s Note: Former Subsection D, Removal of members, was repealed 5-27-2015 by Ord. No. 460. This ordinance also redesignated former Subsections E through I as Subsections D through H, respectively.
E. 
The Planning Commission may create other offices and elect to fill those offices with one of the appointed members and create and fill such other of its offices as it may determine.
F. 
Required education (2014 Supplement to Title 1 General Provisions of the Annotated Code of Maryland). Within six months after appointment, a member shall complete an education course that includes:
[Added 5-27-2015 by Ord. No. 460]
(1) 
The role of the Comprehensive Plan;
(2) 
Proper standards for special exceptions; and
(3) 
The local jurisdiction's local laws and regulations relating to zoning, planned development, subdivision, and other land use matters.
G. 
The Planning Commission shall hold at least one regular meeting each month.
H. 
[3]The Planning Commission shall have the powers necessary to enable it to fulfill its functions, promote planning, and execute the purposes of the Code of the Town of St. Michaels. Those functions include the following powers and duties:
(1) 
Prepare and approve a Comprehensive Plan and subsequent updates to cover the lands and waters of the Town, which the Planning Commission shall recommend to the Town Commissioners for adoption;
(2) 
Approve and publish plans for major geographic sections or divisions of the Town;
(3) 
Recommend the boundaries of the various districts and appropriate regulations to be enforced therein that the Town may avail itself of the zoning powers conferred by Article 1 (Land Use), Title 2 (Planning Commission), of the Annotated Code of Maryland;
[Amended 5-27-2015 by Ord. No. 460]
(4) 
When directed by the Commissioners, prepare and make recommendations to the Town Commissioners relative to amendments to the Town's Comprehensive Plan and implementation documents;
(5) 
Advise the Town Commissioners and Board of Zoning Appeals on matters relating to zoning, annexations, applications for special exceptions and variances when appropriate;
[Amended 5-27-2015 by Ord. No. 460]
(6) 
Review site plans for compliance with this Code and standards herein;
(7) 
Approve proposed subdivision plats and resubdivision of existing record plats, and all plats must bear the signature of the Chairman before legal filing in the Land Records of Talbot County;
(8) 
Review and make recommendations to the Town Commissioners on applications for growth allocation;
(9) 
Prepare, adopt, and file an annual report with the Town Commissioners as per the requirements of Article 1 (Land Use), § 1-207 (Annual Report), of the Annotated Code of Maryland, 2014 Supplement.
[Amended 5-27-2015 by Ord. No. 460]
(10) 
Exercise any other powers, or discharge any other duties, granted to or imposed upon the Planning Commissions by any other ordinance or regulation of the Town of St. Michaels or by the laws of the State of Maryland.[4]
[4]
Editor’s Note: Former Subsection H(11), regarding recommendations and nominations, which immediately followed, was repealed 5-27-2015 by Ord. No. 460.
[3]
Former Subsection I, regarding alternate members, was repealed 12-12-2007 by Ord. No. 377. This ordinance also redesignated former Subsection J as Subsection I.
[Amended 5-27-2015 by Ord. No. 460]
A. 
There is a Waterways Management Advisory Board.
B. 
Membership.
(1) 
The Waterways Management Advisory Board consists of five members appointed by the Commissioners of St. Michaels.
(2) 
A majority of the appointed members of the Waterways Management Board shall be full-time residents, property owners or business owners within the Town of St. Michaels at the time of appointment and during the term of the member. In making such appointments, preference should be given to up to two licensed watermen who berth their vessels in St. Michaels. (For the purposes of this subsection, "full-time resident" means declaring the Town of St. Michaels the person's primary residence for tax purposes.)
C. 
The term of a member of the Waterway Management Advisory Board is three years.
D. 
The Waterway Management Advisory Board shall annually select a Chairman. The Chairman shall be responsible for the conduct of all meetings, and act as liaison/advisor to the Commissioners and the Planning Commission.
E. 
The Waterways Management Advisory Board shall meet as frequently as it considers necessary, but not less than once every three months.
F. 
Advisory duties.
(1) 
To act as an advisory and consultative body to the Commissioners of St. Michaels and the St. Michaels Planning Commission on policy and planning issues affecting the waters of the Town.
(2) 
To be recognized as a contact body for concerns or suggestions for improvements relating to the Town's waters.
(3) 
Monitor the condition and operation of all Town-owned slips and launching facilities.
(4) 
Report to the Town Manager any issues regarding the deteriorating condition of such structures and issues or concerns regarding waters of the Town.
(5) 
Report to the Town Enforcement Officer any conditions which may be considered municipal infractions and need enforcement (e.g., illegal use of structures, trash, etc.).
(6) 
Work cooperatively with the Department of the Environment and Corps of Engineers relating to issues in the harbor and other waters which lie adjacent to the boundaries of the Town.
(7) 
Prepare an annual report for submission to The Commissioners which contains:
(a) 
Proposals for new improvements, expansion or improvements to existing piers, bulkheads or shoreline stabilization projects.
(b) 
Justification for such improvements or upgrades, plus preliminary cost estimates.
(8) 
Review existing fee schedule for boat slip rentals and include any recommendation for changes in the above noted report.
(9) 
Review Chapter 333 with specific review of lateral lines or alternative methods for establishing riparian rights for projects proposed in all Town waters.
A. 
There is a Parks and Recreation Advisory Board.
B. 
Membership.
(1) 
The Parks and Recreation Advisory Board consists of five members appointed by the Commissioners of St. Michaels.
(2) 
A majority of the appointed members of the Parks and Recreation Advisory Board shall be full-time residents, property owners or business owners within the Town of St. Michaels at the time of appointment and during the term of the member.
[Amended 5-27-2015 by Ord. No. 460]
C. 
The term of a member of the Parks and Recreation Advisory Board is three years.
D. 
The Parks and Recreation Advisory Board shall elect one of its members to be its chair.
E. 
All members of the Parks and Recreation Advisory Board shall serve as such without compensation.
F. 
The Parks and Recreation Advisory Board shall meet as frequently as it considers necessary, but not less than once every three months.
G. 
Advisory duties.
(1) 
The Commissioners of St. Michaels may seek a recommendation from the Parks and Recreation Advisory Board on projects or issues relating to the parks and public green spaces.
[Amended 5-27-2015 by Ord. No. 460]
(2) 
Without the express written approval of the Commissioners of St. Michaels:
(a) 
No policies for the parks shall be imposed;
(b) 
No permanent fixtures, improvements, or structures may be installed or constructed;
(c) 
No permission for use may be granted;
(d) 
No programs or events may be scheduled; and
(e) 
No other authorization may be given.
H. 
The Parks and Recreation Advisory Board shall exercise its assigned duties and functions in relation to those parks and recreation facilities explicitly designated by the Commissioners as within the Board's purview.
I. 
The duties and functions of the Parks and Recreation Advisory Board are:
(1) 
To observe and report conditions, uses, activities, and programs;
[Amended 5-27-2015 by Ord. No. 460]
(2) 
To report to The Commissioners any needs for maintenance and to recommend to The Commissioners policies and practices and the means of their implementation;
(3) 
To interact with community agencies, citizen groups, donors, and other parties in making recommendations to The Commissioners on the planning, design, development, and enhancement of facilities and programs;
(4) 
To coordinate approved activities by citizen volunteers;
(5) 
By February 1 of each year, to prepare for the Commissioners budget recommendations for capital improvement to be considered in the overall Town budget process;
(6) 
To report to the Commissioners as appropriate and to submit an annual written report of their activities and recommendations, said report to be submitted to the Commissioners by February 1 of each year;
[Amended 5-27-2015 by Ord. No. 460]
(7) 
To coordinate with and assist the Town staff and Public Works Department on projects that the Commissioners have approved.
[Amended 5-28-2014 by Ord. No. 451]
The Commissioners may appoint a St. Michaels Tourism Advisory Board and establish by ordinance the duties, procedures and qualifications therefor.
[Added 12-12-2007 by Ord. No. 359]
A. 
There is a Board of Zoning Appeals created in accordance with Maryland Annotated Code, Land Use Division 1, § 4-302 (Membership).
[Amended 5-27-2015 by Ord. No. 460]
B. 
Members of the Board of Zoning Appeals. The Board of Zoning Appeals consists of three members appointed by the Commissioners of St. Michaels.[1]
(1) 
The Town Commissioners shall designate one or more alternate member(s) for the Board of Zoning Appeals who shall serve at the pleasure of the Town Commissioners. The alternate member shall sit with the Board if a regular member is absent.
[Amended 5-27-2015 by Ord. No. 460]
(2) 
The term of a member of the Board of Zoning Appeals is three years.
[1]
Editor's Note: Section 3 of Ord. No. 359 provided that members of the Board of Appeals shall be appointed to serve three-year terms with the term beginning on January 1 of their appointment year and ending on December 31 of the year in which their term expires.
C. 
Meetings of the Board of Zoning Appeals.
(1) 
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine.
(2) 
The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of Article 1 (Land Use), § 4-304 (Miscellaneous duties), of the Annotated Code of Maryland, and Chapter 340 of this Code.
[Amended 5-27-2015 by Ord. No. 460]
(3) 
The Chairman or, in the Chairman's absence, the Acting Chairman, may, on behalf of the Board or at the written request of a party:
(a) 
Administer oaths;
(b) 
Issue orders to compel the attendance of witnesses;
(c) 
Issue orders to compel the production of documents and things.
(4) 
Failure to honor and fully comply with an order of the Board of Zoning Appeals to attend a hearing, testify, or produce documents and things shall be grounds for a finding against the offending party.
(5) 
The Board of Zoning Appeals shall keep as a public record and immediately file in the office of the Board:
(a) 
Minutes of its proceedings, showing the absence, abstention or vote of each member upon each question;
(b) 
Records of its examinations and other official records.
D. 
Duties of the Board of Zoning Appeals. The duties and powers of the Board of Zoning Appeals are defined in Article 1 (Land Use), § 4-305, of the Annotated Code of Maryland, and in Chapter 340, Zoning, Article IX, Board of Zoning Appeals Powers and Duties, of this Code.
[Amended 5-27-2015 by Ord. No. 460]
[Added 12-12-2007 by Ord. No. 359]
A. 
There is a Historic District Commission created in accordance with Maryland Annotated Code, Land Use Division, Title 8 (Historic Preservation).
[Amended 5-27-2015 by Ord. No. 460]
B. 
Members of the Historic District Commission.[1]
(1) 
The Historic District Commission consists of five members appointed by The Commissioners of St. Michaels.
(2) 
A majority of the members of the Commission shall be full-time residents of the Town of St. Michaels at the time of appointment and during the term of the member.
(3) 
Each member of the Historic District Commission shall possess a demonstrated special interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, planning, archeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related disciplines.
(4) 
The term of a member of the Historic District Commission is three years.
(5) 
Alternate member. The Commissioners may designate one alternate member who may sit on the Commission when any other member of the Commission is absent. When the alternate member is absent, the Commissioners may designate a temporary alternate.
[Added 5-27-2015 by Ord. No. 460]
[1]
Editor's Note: Section 3 of Ord. No. 359 provided that members of the Historic District Commission shall be appointed for three-year terms, with the term beginning on January 1 of their appointment year and ending on December 31 of the year in which their term expires. The appointments shall be staggered to permit a maximum of two terms to expire in any year.
C. 
Meetings of the Historic District Commission.
[Amended 5-27-2015 by Ord. No. 460]
(1) 
Meetings of the Commission shall be held at the call of the Chairman and at such other times as the Board may determine.
(2) 
The Historic District Commission shall elect one of its members to be its Chairman at the first meeting in January.
(3) 
The Chairman shall serve a term of one year and may be reelected.
(4) 
The Chairman shall be a voting member of the Historic District Commission and may make motions and seconds in the course of business.
D. 
Duties of the Historic District Commission. The duties of the Historic District Commission are those contained in Article 1 (Land Use), Title 8 (Historic Preservation), of the Annotated Code of Maryland, and in Chapter 340, Article VI, Historic District Provisions, of this Code.
[Amended 5-27-2015 by Ord. No. 460]
[Added 5-12-2021 by Ord. No. 523]
A. 
There is a Climate Change/Sea Level Rise Commission.
B. 
Membership of the Climate Change/Sea Level Rise Commission.
(1) 
The Climate Change/Sea Level Rise Commission consists of seven members appointed by the Commissioners of St. Michaels, with an ex-officio member from the Town Commissioners and the Planning Commission.
(2) 
Preference will be given to Town residents on the Commission.
(3) 
Membership shall consist of representatives of the Waterways Management Advisory Board, the Chesapeake Bay Maritime Museum, waterfront business owners, and town residents, both waterfront and nonwaterfront.
(4) 
The term of a member of the Climate Change/Sea Level Rise Commission is four years. Initial terms for the Climate Change/Sea Level Rise Commission shall be staggered, with two appointees receiving four-year terms, two appointees receiving three-year terms, two appointees receiving two-year terms, and one appointee receiving a one-year term. Terms to expire on December 31.
(5) 
The members of the Climate Change/Sea Level Rise Commission shall select a Chairman and a Vice Chairman annually. The Chairman shall be responsible for the conduct of all meetings, and act as liaison to the Commissioners and the Planning Commission, The Vice Chairman shall act in the absence of the Chairman.
(6) 
The Climate Change/Sea Level Rise Commission shall meet as frequently as it considers necessary, but not less that once every three months.
C. 
The Climate Change/Sea Level Rise Commission will study the recommendations contained in the St. Michaels Harbor and Stormwater Infrastructure Study and the St. Michaels Comprehensive Development Plan, recommend projects, and pursue grants designed to help mitigate and prepare the Town for sea level rise anticipated by 2050.
D. 
The Commission will coordinate planning of sea level rise solutions for waterfront businesses, and residences adjacent to the Town's harbor, and be a clearing house for information related to sea level rise initiatives within the Town.
E. 
Work products of the Commission will be to develop and present to the Town Commissioners an initial list of capital and operating project recommendations for the next five to 10 years. Once projects are approved by the Town Commissioners, the Climate Change/Sea Level Rise Commission shall work to pursue the necessary design studies, funding assistance, and construction for approved projects.