[Amended 6-28-2016 by Ord. No. 2016-1; 11-27-2018 by Ord. No. 2018-5]
The Planning Commission is hereby created and shall consist
of seven members.
A.
Commissioner member.
(1)
At the first meeting after their inauguration, and annually
thereafter, the Commissioners shall select from their number a Commissioner
to serve as an ex officio member of the Planning Commission.
(2)
The remaining commissioners shall be authorized to serve as
alternates in the event the designated member is unable to attend
any meeting of the Planning Commission. The Commissioner serving as
alternate shall have all the same powers and duties as the ex officio
member.
B.
Regular members.
(1)
The County Commissioners shall appoint six members, all of whom
shall be residents of Caroline County.
(2)
Only one member of the Planning Commission may be a resident
of an incorporated municipality.
(3)
At least one member of the Planning Commission shall be a developer,
builder or have a construction-related background.
(4)
At least three members of the Planning Commission shall possess
specific knowledge of agricultural matters. This requirement may be
satisfied by formal post-secondary education, employment, or practical
experience in agricultural-related fields.
(5)
The County Commissioners shall strive to fill Planning Commission vacancies in accordance with these criteria. In the event that no applications are received for vacancies in the categories set forth in Subsection B(2) or (3) above, the County Commissioners may appoint a member from applications received at their discretion.
(6)
Elected officials at the state, County, or municipal level are
not eligible for membership on the Planning Commission.
C.
Term. The term of office for regular members is five years. Each
member shall serve no more than two consecutive terms. After completing
a second term, a member may not be reappointed for two years, but
may serve until a successor has been appointed.
D.
Vacancies. Vacancies shall be filled by the County Commissioners
for the unexpired term of any regular member whose seat becomes vacant.
E.
Removal. The County Commissioners may remove any member for incompetence,
misconduct, failure to attend meetings under § 8-502 of
the State Government Article or conviction of a crime in accordance
with § 8-502 of the State Government Article. The County
Commissioners shall file a written statement of charges stating the
reasons for removal and provide an opportunity for a public hearing
to contest the charges.
The Planning Commission shall elect a Chairman
and a Vice Chairman from among the appointed members at its first
meeting in each calendar year, each to serve for one year or until
his successor is elected. In the event of a vacancy in either of said
offices, a successor shall be elected to serve for the unexpired term
of the vacated office. In the absence of the Chairman, the Vice Chairman
shall serve as Acting Chairman. The County Planner shall serve as
Executive Secretary to the Planning Commission.
The Planning Commission shall have the following
powers and duties:
B.
To review and make recommendations to the County Commissioners
regarding the following:
(1)
Proposed changes or amendments to the Caroline County
Comprehensive Plan.
(2)
Proposed text amendments to the Zoning Ordinance.
(3)
Proposed rezonings.
(5)
Proposed acquisition and development of lands for
county open space or recreation purposes.
(6)
Proposed changes in land use or development arising
from local, state or federal programs or policies.
C.
To hear appeals concerning the approval or disapproval
of site plans.
A.
Meetings of the Planning Commission shall be held
once each month or at the call of the Chairman and at such other times
as the Planning Commission may determine.
B.
The presence of four members of the Planning Commission
shall constitute a quorum for the conduct of business.
C.
An affirmative vote of four members shall be required
to effect a decision or recommendation of the Planning Commission.
A.
The meetings of the Planning Commission shall be open
to the public, but the Planning Commission may limit active public
participation by resolution. When appropriate, the Planning Commission
may adjourn to executive session, but only in accordance with the
Public Information Article of the Annotated Code of Maryland.[1]
[1]
Editor's Note: See now § 10-611
et seq., of the State Government Article of the Annotated Code of
Maryland.
B.
For all proceedings before the Planning Commission
and County Commissioners which require a public hearing, a notice
of public hearing shall be published once each week for two successive
weeks in at least one newspaper of general circulation in Caroline
County.
C.
The first public hearing notice shall not be published
less than 14 days prior to the date scheduled for each public hearing.
D.
At the meetings of the Planning Commission, any interested
person shall have the right to submit, in accordance with the established
rules, oral or written testimony and comment.
E.
The Planning Commission may adopt, by resolution,
additional rules of procedure, provided that such rules are consistent
with this chapter and applicable state enabling legislation. Such
rules shall be available to the public.
F.
The Planning Department shall be represented at all
meetings of the Planning Commission and shall answer questions and
render advice and assistance, but the Planning Department shall not
participate in any decision of the Commission beyond the submission
of a staff recommendation for each proposed action.
A.
Minutes required; contents. The Planning Commission
shall keep minutes of all of its proceedings, which shall contain
the names of the members present; a summary of all testimony, comment
or evidence presented; the exhibits presented; and the decision or
recommendation of the Planning Commission. The minutes shall also
show the vote of each member upon each question or, if absent or failing
to vote, indicating that fact.
B.
Location and maintenance of public records. A permanent
file of each proceeding, including applications and the minutes, shall
be maintained in the office of the Planning Department and shall be
a public record.
