[HISTORY: Adopted by the Town Council of
the Town of Elsmere 5-8-1969 by Ord. No. 99. Amendments noted where
applicable.]
[Amended 4-8-2004 by Ord. No. 429]
There is hereby created a Planning Commission
for the Town of Elsmere which shall consist of seven members, all
of which members shall be citizens of the Town of Elsmere.
[Amended 4-8-2004 by Ord. No. 429]
Such appointments shall be for a term of three
years each. The appointments shall be made by the Mayor subject to
confirmation by the Council. Vacancies shall be filled by appointments
for unexpired terms only. All members of the Planning Commission shall
serve without compensation, except that if the Council deems it advisable,
the Secretary of such Planning Commission may receive such compensation
as may be fixed from time to time by the Council and provided for
by ordinance. Any member of the Planning Commission may be removed
for cause, after a public hearing, by the Mayor with the approval
of Council.
Immediately following their appointment, the
members of the Planning Commission shall meet, organize and elect
a Chairman and a Secretary from its own members and may employ experts,
clerical and other assistants. The Planning Commission shall keep
written records of its proceedings which shall be open at all times
to public inspection. The Planning Commission shall file an annual
report with the Mayor and Council setting forth its transactions and
recommendations.
The Planning Commission shall have the powers and duties as specified and set forth in full in 22 Delaware Code, § 701 et seq, and shall include the following:
A.
To prepare and recommend to the Town Council a comprehensive
plan of public improvements, looking to the present and future development
and growth of the Town. Such a plan after its adoption by the Council
will be known as the "Official Plan." Such plan shall include reasonable
requirements in reference to streets, alleys and public grounds within
the corporate limits.
B.
To prepare and recommend to the Council from time
to time such changes in the plan or any part thereof as may be deemed
necessary by the Council or by the Planning Commission.
C.
To prepare and recommend to the Council from time
to time plans and/or recommendation for specific improvements in pursuance
of such Official Plan.
D.
To give aid to the Town officials charged with the
direction of projects for improvements, embraced within the Official
Plan, to further the making of such improvements, and generally to
promote the realization of the official plan.
E.
To arrange and conduct any form of publicity relative
to its activities for the general purpose of public understanding.
F.
To cooperate with municipal or regional planning commissions
and other agencies or groups to further the local planning program
and to assure harmonious and integrated planning for the area.
G.
To exercise such other powers germane to the powers
granted by statute.
H.
To serve
as the Town's Tree Advisory Committee and as such perform the following
tasks:
[Added 11-13-2008 by Ord.
No. 500]
(1)
Study,
investigate and develop a tree ordinance and a written plan for the
care, preservation, pruning, planting, removal or disposition of trees
and shrubs in public areas in Elsmere.
(2)
Update
and present this plan annually to the Town Council. Upon its approval,
this plan shall constitute the Official Comprehensive Tree Plan for
the Town of Elsmere.
(3)
Investigate,
report and make recommendations on any special matter of question
coming within the scope of its work, at the request of the Town Council
and/or the Town Manager.
The Planning Commission shall recommend to the
Council for adoption by the Council an Official Map of the Town of
Elsmere showing the public ways and parks therein as theretofore laid
out and established by law and the private ways then existing and
used in common by more than two owners. Such Official Map is hereby
declared to be established to conserve and promote the public health,
safety and general welfare. Upon the adoption of such a map and upon
any change therein or addition thereto made as herein provided, the
Town Clerk shall forthwith file such with the Recorder of Deeds in
and for New Castle County. Any change or addition to the Official
Map shall not become effective until after a public hearing in relation
thereto before the Council at which parties in interest shall have
an opportunity to be heard. At least 10 days' notice of such a public
hearing shall be given by advertisement in a newspaper of general
circulation in the Town of Elsmere. No such change or addition which
has not been previously recommended by the Planning Commission established
by the provisions of this chapter shall be adopted until after a report
thereon by said Commission, and no variance from a plan prepared or
approved by said Planning Commission shall be made except by a two-thirds
vote of all the members of the Council; provided, however, that the
last-mentioned requirement shall be waived in case the matter has
been offered to said Planning Commission for a report and it has failed
to report within 30 days thereafter.
