There is hereby created a Municipal Planning Commission for the City of Havre de Grace, hereinafter referred to as the "Planning Commission." Its territorial jurisdiction shall extend over all property located within the incorporated limits of the City of Havre de Grace or as otherwise provided under Maryland State law.
[Adopted 4-21-2003 by Ord. No. 838; amended in its entirety 7-1-2024 by Ord. No. 1157]
[Amended 3-3-2025 by Ord. No. 1173]
A.
Membership of the Planning Commission shall consist of seven members and one alternate member who shall be appointed by the Mayor and confirmed by the City Council for five-year terms.
B.
Subject to the exception set forth in Subsection C below, each appointed member of the Planning Commission shall be a full-time resident of the City of Havre de Grace at the time of appointment and during the term of the member. For the purpose of this subsection, "full-time resident" means declaring the City of Havre de Grace the person's primary residence for tax purposes. If residency changes such that the member is no longer a full-time resident during the member's term, then the position will be deemed vacant and the vacancy will be filled as provided under this section, provided, however, that such member may be able to fall within the exception under Subsection C upon the Mayor's approval.
C.
The Mayor and City Council may choose to appoint no more than two members from outside the incorporated limits of the City as part of the seven person membership as discussed in § 25-23A; however, the appointee(s) must reside within the Havre de Grace zip code.
D.
Members of the Planning Commission may be removed for cause by the City Council after a public hearing upon written charges. Grounds for removal are set forth in the Land Use Article of the Maryland Annotated Code, § 2-102(d), as amended.
E.
The City Council shall appoint a new member to fill the unexpired term of any member who leaves the Planning Commission for any reason or upon a vacancy as set forth in Subsection B above.
F.
Pending appointment of a new member, an alternate member shall fill the vacancy until a new member is appointed. If an alternate member is absent or recused, the City Council may designate a temporary alternate.
G.
All members shall serve the Planning Commission without compensation.
H.
The Planning Commission shall elect a Chairperson and Vice Chairperson at the first meeting of the Board each calendar year.
[Amended 3-3-2025 by Ord. No. 1173]
The Commission shall have the following powers and duties:
A.
The Commission shall review all applications for amendments to the zoning text and map and report the Commission's findings and recommendations. The Planning Commission can take an official vote on recommendations to the Mayor and City Council.
D.
The Commission shall hear and decide matters upon which it is required to pass under provisions of City ordinances.
E.
The Commission shall have all powers, functions and duties as provided from time to time by the Maryland Land Use Code Annotated.
Notice of a public hearing on any Planning Commission matter shall be given by certified mail (with return receipt) and by first class U.S. Mail to the petitioner, the owner of the property and all abutting and confronting property owners of the property under consideration at least 15 calendar days prior to the date of the public hearing. Notice shall also be published on the City's webpage at least 15 calendar days prior to the date of the public hearing. In addition, notice of such hearing shall be posted by the Department of Planning with a sign provided by the Department of Planning staff on the property under consideration at least 15 calendar days prior to the date of the public hearing.
A.
The following procedures shall be used by the Commission in conducting hearings:
(1)
All hearings of the Commission shall be open to the public. At the hearing, any party may appear and be heard in person or by representative.
(2)
The Chairperson or, in the Chairperson's absence, the Vice Chairperson may administer oaths and request the attendance of witnesses.
(3)
For assistance in reaching decisions, the Commission may request testimony at its hearing for purposes of securing technical aid or factual evidence from City commissions, departments or agencies.
(4)
The Commission shall keep records of all of its official actions, all of which shall be filed with the Department of Planning and shall be public record.
(5)
Postponement of hearings shall be at the discretion of the Chairperson of the Commission in cases of extreme hardship or upon good cause shown. The Commission may, upon its own initiative, postpone a scheduled hearing at any time. Assessment of cost for advertisement of rescheduled hearings shall be in the discretion of the Commission.
(6)
The Commission may continue a hearing to another time or date once such hearing has been started; however, the Commission shall announce the date and hour of continuance of such hearing while in session.