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.