In accordance with § 10-503(b) of the State Government Article of the Annotated Code of Maryland, the Planning and Zoning Commission will meet in open session when considering any phase of subdivision. The Planning and Zoning Commission shall give at least 10 days' notice in a newspaper of general circulation in the Town of the time and place of such meeting to the public and to the parties in interest. At the meeting, any party may appear in person or by agent or attorney.
[Amended 3-14-2003 by Ord. No. 2003-1]
A. 
Any person, officer or department of the Town aggrieved by any final ruling of the Planning and Zoning Commission on a preliminary or final plat as to the interpretation or application of the terms or conditions of this chapter may appeal, in writing, to the Board of Appeals within 15 days after such final ruling. Within 10 days after filing of the written appeal, the party appealing shall file with the Board of Appeals a statement setting forth, with reasonable particularity, the grounds for appeal. including the error committed by the Commission in taking the final action, the relief sought and the reasons why the final action appealed from should be reversed or remanded. A copy of the statement shall be served on the Planning and Zoning Commission. Failure to file the statement is grounds for dismissal of the appeal.
B. 
The Code Enforcement Officer shall forthwith transmit to the Board all documentation pertaining to the action being appealed.
C. 
A filing fee shall accompany each application or an appeal to the Board. Such fee shall be waived if the applicant or appellant is tax supported. The amount of the filing fee shall be determined from time to time by resolution of tile President and Commissioners of Princess Anne.
D. 
The Board of Appeals shall hold a public hearing on all such appeals.
E. 
Board of Appeals shall give at least 10 days' notice in a newspaper of general circulation in the Town of the time and place of the public hearing and to the parties in interest. The site of all proposed subdivisions involved in any site-specific appeal shall be posted.
F. 
Upon the hearing of such appeal, the final decision of the Planning and Zoning Commission shall be presumed by the Board of Appeals to be proper and to best serve the public interest. The burden of proof shall be upon the appellant or appellants to show that the decision or ruling complained of was arbitrary, capricious, discriminatory or unsupported by any substantial evidence. The Board of Appeals shall have the power to affirm, modify or reverse, in part or in whole, any decision or ruling appealed from and to remand any case tor the entering of a proper order or for further proceedings as the Board of Appeals shall determine.
G. 
The decision of the Board of Appeals shall he set forth in its minutes and a notation of such action placed on the preliminary and final plat, or both, together with the date of the Board's action, and signed by the Chairman of the Board of Appeals.
[Amended 3-14-2003 by Ord. No. 2003-1]
Any person, officer, department or board of the Town aggrieved by the decision of the Board of Appeals and a party to the proceeding above may appeal to the Circuit Court for Somerset County, Maryland, provided that said appeal is taken within 30 days after the final decision has been rendered by the Board of Appeals.
In granting modifications, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards so modified. The Planning and Zoning Commission may refer a subdivision to the Board of Appeals at any phase for any variance, special exception, modification or approval or to review any decision of the Code Enforcement Officer.
Fees to cover the cost of advertising, considering, examining and checking the several plats required herein and for recording the final plat shall be collected at the time of filing a preliminary plat in accordance with a fee schedule of charges adopted by resolution of the Town Commissioners.