Town of South Bethany, DE
Sussex County
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[HISTORY: Adopted by the Mayor and Council of the Town of South Bethany 1-10-1997 by Ord. No. 60-96. Amendments noted where applicable.]
Subdivision of land — See Ch. 116.
Zoning — See Ch. 145.
[Amended 3-12-2010 by Ord. No. 152-09]
This chapter is authorized by § C-4B(32)(e) of the Town Charter.
[Amended 2-14-2003 by Ord. No. 114-02; 4-12-2013 by Ord. No. 170-13]
The Planning Commission for the Town of South Bethany shall consist of not less than five nor more than nine members. The number of members shall be determined by the Town Council. Members of the Planning Commission shall serve a two-year term of office, with the exception of a three-year term, when required to maintain balanced staggered terms of the membership. The members of the Planning Commission shall be appointed by the Mayor and confirmed by the Town Council. Members of the Planning Commission may be removed by the Town Council for cause after a public hearing, by a vote of a majority of the Town Council. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. Members of the Planning Commission shall serve without compensation but may be reimbursed for out-of-pocket expenses incurred in connection with duties prescribed for the Planning Commission.
[Amended 3-12-2010 by Ord. No. 152-09]
The Planning Commission shall elect annually a Chairperson, a Vice Chairperson and a Secretary from among its members and may enlist experts, clerical and other assistants. The Planning Commission may also appoint a custodian of its records. The Planning Commission shall make its own rules of procedure and determine its time of meeting. All meetings and records of the Planning Commission, as defined in Chapter 100, Title 29, Delaware Code, shall be open to the public.
[Amended 3-12-2010 by Ord. No. 152-09]
At least every five years, the Planning Commission shall review the CP to determine if its provisions are still relevant given changing conditions in the Town or in the surrounding area. The CP shall be revised, updated and amended as necessary, and readopted at least every 10 years. In the intervening years, the Planning Commission may amend the CP by majority vote, with approval by the Town Council.
The Planning Commission, with support from the Town Manager, shall prepare the annual report (which describes implementation of the CP and identifies development issues, trends or conditions that have surfaced since the plan was last amended) that the Town is required to send to the Office of State Planning Coordination as prescribed in the Delaware Code, Title 22, Municipalities, Chapter 7, Planning Commission, § 702, Comprehensive development plan. The Planning Commission shall also review any response that the State makes to this report. The Planning Commission shall make recommendations to the Town Council for updates to the CP.
[Amended 11-17-2017 by Ord. No. 189-17]
[Added 3-12-2010 by Ord. No. 152-09[1]]
The Planning Commission, upon receiving a request for partitioning, combining of lots, and minor and/or major subdivision matters, shall hold a public hearing to determine if said request meets all applicable Town Ordinances and Regulations in accordance with Town Of South Bethany Code, Chapter 116, Subdivision of Land.
Editor’s Note: This ordinance also provided for the redesignation of former §§ 20-5 through 20-9 as §§ 20-6 through 20-10, respectively.
The Town Council may, by ordinance, by law or vote, provide for reference of any other matter or class of matters to the Planning Commission before final action thereon with or without provision that final action shall not be taken until the Planning Commission has submitted its report or has had a reasonable fixed time to submit such report.
The Planning Commission shall have full power to make such investigations, maps and reports of the resources and needs of the Town as it deems desirable, provided that the total expenditures of said Commission shall not exceed the appropriation for its expenses. Upon completion of any such reports, the Planning Commission shall submit the same to the Town Council with its recommendations. It shall report annually to the Town Council on its activities during the preceding year.
All Town Council members, employees and agents shall, upon request and within a reasonable time, furnish the Planning Commission and its members such available information as may be required in the conduct of its work. The Planning Commission, its members and agents may, so far as it deems necessary in carrying out the provisions of this chapter, enter upon any lands within the boundaries of the Town of South Bethany and there make examinations and surveys and place and maintain monuments and markers.
The Planning Commission shall have all of the authority, powers, duties and responsibilities of a Planning Commission as provided by 22 Del. C. § 7, the Town Charter, Town subdivision regulations and other ordinances pertaining to planning functions and duties.[1]
Editor’s Note: Former § 20-10, Terms of office, as amended, which immediately followed this section, was repealed 4-12-2013 by Ord. No. 170-13.