Kent County, DE
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Levy Court of Kent County 1-10-1989 by Ord. No. 88-16. Amendments noted where applicable.]
GENERAL REFERENCES
Local planning agency — See Ch. 73.

§ 77-1 Appointment; membership.

The county government shall appoint a Regional Planning Commission consisting of seven members.

§ 77-2 Term of office.

[Amended 9-28-1999 by Ord. No. 99-19; 1-2-2001 by Ord. No. 01-01]
The members shall be appointed for an undefined term concurrent with that of the appointing Commissioner, to be served at the pleasure of a majority of the Levy Court. Each Levy Court Commissioner shall be entitled to submit the name of a qualified appointee residing in his district for consideration and confirmation by the Levy Court.

§ 77-3 Successors in office.

[Amended 8-27-1991 by Ord. No. 91-15; 8-26-2003 by Ord. No. 03-19]
The term of the appointee who continues to meet the residency requirement as expressed in § 77-4 below shall continue until a successor is named by the Levy Court Commissioner in whose district the appointee resides and is confirmed by the Levy Court.

§ 77-4 Residency requirement.

[Amended 8-26-2003 by Ord. No. 03-19]
During the term of the appointment, a member must maintain primary residence within the Levy Court district from which appointed. If a member ceases to meet the residency requirement due to taking residence outside the district or due to redistricting, his or her appointment shall terminate as follows:
A. 
Upon the appointment of his or her successor; or
B. 
Upon the expiration of one year from the date of noncompliance with the residency requirement; or
C. 
Upon a notice of nonconsent expressed by the Levy Court Commissioner (other than the at-large Commissioner) representing the Levy Court district within which the member resides after ceasing to meet the residency requirement.

§ 77-5 Qualifications of appointees.

Persons appointed to the Commission shall be individuals with knowledge of and experience in dealing with planning and zoning issues in connection with urban and rural development. At the time of appointment and for the duration of the term, members shall not be candidates for, candidates-elect for or incumbents of an elective county, state or federal public office.

§ 77-6 (Reserved) [1]

[1]
Editor's Note: Former § 77-6, Removal of members, was repealed 1-2-2001 by Ord. No. 01-01.

§ 77-7 Filling of vacancies.

Vacancies shall be filled for the unexpired term in the same manner as in the case of regular appointments.

§ 77-8 Compensation.

[Amended 5-8-1990 by Ord. No. 90-09; 5-10-2005 by Ord. No. 05-06]
The county government shall provide compensation in the amount of $80 per meeting not to exceed two meetings per month and a total of $1,920 annually. Checks will be issued on the last pay day of each quarter of the year. No out-of-pocket expenses or mileage will be reimbursed. Committee members must be present at meetings to receive compensation.

§ 77-9 Majority required for hearings, carrying motions.

A simple majority of the constituted Commission shall be required in order to conduct any public hearing or carry any motion.

§ 77-10 Authority.

This chapter is adopted pursuant to the powers conferred upon the Levy Court of Kent County, Delaware in 9 Del. C. §§ 4803 and 4804.