Town of Smithsburg, MD
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 84.
[Adopted 2-3-2004 as Ch. 2, Title 4, of the 2004 Code]

§ 12-1 Creation; territorial jurisdiction.

There is hereby created a Planning Commission, the territorial jurisdiction of which shall extend only over the corporate limits of the Town.

§ 12-2 Membership; terms. [1]

The Planning Commission shall consist of five members, including one Councilperson ex officio member, and the Development Coordinator, each to serve for five years or until his successor takes office, except that the term of the Councilperson named as ex officio member shall correspond to his official tenure.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 12-3 Compensation; removal; eligibility for reappointment.

All members shall serve without compensation and may be removed by the Mayor and Council for inefficiency, neglect of duty or malfeasance in office. All shall be eligible for reappointment.

§ 12-4 Officers.

The Planning Commission shall elect a Chairperson from amongst its appointed members for one year, who shall be eligible for reelection, and shall fill such other of its offices as it may determine.

§ 12-5 Staff; finances.

Subject to approval of the Mayor and Council, the Planning Commission may appoint such employees as it may deem necessary for its work and contract with planners, engineers, architects and other consultants for such services as it may require. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the legislative body, which shall provide the funds, equipment and accommodations necessary for the Commission's work.

§ 12-6 Powers and duties. [1]

The Planning Commission shall have all of the powers, functions and duties as provided in the Land Use Article of the Annotated Code of Maryland.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 2-3-2004 as Ch. 2, Title 5, of the 2004 Code]

§ 12-7 Creation.

Other boards or commissions may be created by the Mayor and Council by resolution.

§ 12-8 Powers and duties.

A. 
The board or commission shall be solely advisory in nature to the Mayor and Council.
B. 
The duties of the board or commission shall be as specified by the terms of the resolution creating it.
C. 
A board or commission shall report monthly or as otherwise required by the Mayor and Council to the Mayor and Council, in writing or otherwise, on the progress of its activities and the results of its consideration of any matters referred to it or otherwise taken up by it, along with its recommendation, if any.

§ 12-9 Membership.

The board or commission shall have such members as established by the Mayor and Council.

§ 12-10 Terms; vacancies; removal.

A. 
Terms of membership may be staggered; terms may not exceed four years.
B. 
Upon the occurrence of a vacancy by resignation, etc., of a member, the Mayor and Council shall appoint a member to fill the unexpired term.
C. 
The Mayor may, from time to time, designate one or more of the Councilpersons to serve on the board and may remove the same.
D. 
The Mayor and Council may, by majority vote of its entire membership, remove a citizen member from the board.
E. 
The Mayor and Council may, by simple majority vote, terminate the existence of a board or commission.

§ 12-11 Compensation.

The members of the board shall serve without compensation for their services on the board, unless otherwise provided by the Mayor and Council.

§ 12-12 Officers.

A. 
The officers of the board shall consist of a Chairperson and Vice Chairperson.
(1) 
Unless a Chairperson is designated by the Mayor and Council, the Chairperson shall be elected by the members of the board and will hold such office at the pleasure of the Mayor and Council.
(2) 
The Vice Chairperson shall be elected by the members of the board and will hold such office at the pleasure of the Mayor and Council.
B. 
The board shall elect a Secretary from its members to take minutes and maintain records.

§ 12-13 Meetings.

A. 
The regular meeting of the board shall be held on a regular date at a specified time as seen fit by the board.
B. 
Special meetings shall be called by the Chairperson of the board or a majority of the members of the board.
C. 
Meetings shall be conducted in accordance with the Maryland Open Meetings Law, to the extent the same is applicable.[1]
[1]
Editor's Note: See § 10-501 et seq. of the State Government Article of the Annotated Code of Maryland.

§ 12-14 Quorum.

A quorum at any meeting of the board shall be a simple majority of voting members.

§ 12-15 Bylaws.

The board shall adopt, subject to the approval of the Mayor and Council, bylaws and amendments thereto relating to its rules of operation and the conduct of its meetings.

§ 12-16 Services and supplies.

The Town shall obtain for the board all services and supplies as the board shall direct within the limits of the board's appropriate funds and such other services and funds as shall be authorized by the Mayor and Council.

§ 12-17 Records.

The board shall keep records of its official actions, minutes and reports of the board. These records shall be retained by the Secretary, with a copy provided to the Clerk-Treasurer for the records of the Town.

§ 12-18 Conflict with state law.

Where the requirements of this article conflict with state law, the requirements of state law shall prevail to the extent of the conflict.