[Adopted 4-21-2003 by Ord. No. 838]
There is hereby created a Municipal Planning
Commission for the City of Havre de Grace, hereinafter referred to
as the "Commission." Its territorial jurisdiction shall extend over
all property located within the incorporated limits of the City of
Havre de Grace.
A.
The Commission shall consist of seven members, one
of whom may be a member of the City Council of Havre de Grace, Maryland,
to serve in an ex officio capacity concurrent with his or her official
term.
B.
The term of each member of the Commission is five
years or, in the case of the City Council member serving in an ex
officio capacity, until his or her successor takes office.
C.
All members of the Commission shall serve without
compensation and may be removed by the Mayor and City Council for
inefficiency, neglect of duty, or malfeasance in office.
D.
Upon the death, resignation or removal of any Commissioner,
the Mayor shall, as soon as is practical, appoint a Commissioner to
complete the term of office of the former member. Upon the expiration
of the term of office of any Commissioner, a successor shall be appointed
by the Mayor to serve a five-year term. All Commissioners shall be
eligible for reappointment.
E.
The Mayor may appoint one alternate member of the
Commission who may sit on the Commission and vote in the absence of
any member of the Commission. The Mayor may also appoint a temporary
alternate to sit on the Commission and vote when the alternate is
absent.
F.
All appointments to the Commission made by the Mayor
shall be subject to the advice and consent of the Council.
In January of each year, the Commission shall
elect a Chairperson and Vice Chairperson from its members for one
year, who shall be eligible for re-election.
The Commission shall have the following powers
and duties:
A.
The Commission shall review all applications for amendments
to the zoning text and map and report the Commission's findings and
recommendations to the Mayor and City Council.
B.
The Commission shall review all applications for variances,
conditional uses, special exceptions, and modifications of nonconforming
uses and shall report the Commission's findings and recommendations
to the Board of Appeals. The Commission shall review all such applications
under the same guidelines applicable to the Board of Appeals.
C.
The Commission shall review all appeals from decisions
of the Zoning Administrator and report the Commission's findings and
recommendations to the Board of Appeals.
D.
The Commission shall hear and decide matters upon
which it is required to pass under provisions of City ordinances.
E.
The Commission shall have all powers, functions and
duties as provided from time to time by Article 66B of the Annotated
Code of Maryland.
From and after the time when the Planning Commission
shall have control over subdivisions as provided in the subdivision
control provisions of said Article 66B, the jurisdiction of the Commission
over plats shall be exclusive within the territory under its jurisdiction,
and until that time all such plats shall be first approved by said
Commission before approval by the Mayor and City Council of Havre
de Grace.
A.
In the event the Commission receives a request for
approval of a subdivision plat, the following action shall be taken
preparatory to holding a hearing thereon:
(1)
The Commission shall fix a reasonable time for a hearing.
(2)
The property which is the subject of the subdivision
shall be posted conspicuously by a zoning notice in a form approved
by the Mayor and City Council at least 10 days before the date of
the hearing.
(3)
Notification of a hearing shall be made by certified
mail to the applicant, and to the owners of those properties contiguous
to the property with which the hearing is concerned. The addresses
for the owners of these contiguous properties shall be as specified
in the assessment records of the Supervisor of Assessments. Such notice
shall be postmarked at least seven days prior to the hearing. The
cost of certified mail notices shall be borne by the applicant. The
term "contiguous properties," as used herein, includes properties
separated from the subject property by a street, lane, alley or roadway
of any type.
B.
The following procedures shall be used by the Commission
in conducting hearings:
(1)
All hearings of the Commission shall be open to the
public. At the hearing, any party may appear and be heard in person
or by representative.
(2)
The Chairperson or, in the Chairperson's absence,
the Acting Chairperson may administer oaths and request the attendance
of witnesses.
(3)
For assistance in reaching decisions, the Commission
may request testimony at its hearing for purposes of securing technical
aid or factual evidence from City commissions, departments or agencies.
(4)
The Commission shall keep records of all of its official
actions, all of which shall be filed with the Department of Economic
Development and Planning and shall be public record.
(5)
Postponement of hearings shall be at the discretion
of the Chairperson of the Commission in cases of extreme hardship
or upon good cause shown. The Commission may, upon its own initiative,
postpone a scheduled hearing at any time. Assessment of cost for advertisement
of rescheduled hearings shall be in the discretion of the Commission.
(6)
The Commission may continue a hearing to another time
or date once such hearing has been started; however, the Commission
shall announce the date and hour of continuance of such hearing while
in session.
(7)
The Commission may adopt additional rules with the
approval of the Mayor and City Council which may be necessary to exercise
the Commission's function.
