Chapter 38

 PLANNING COMMISSION

[HISTORY: Adopted by the Town Council of the Town of Elsmere 5-8-1969 as Ord. No. 99. Amendments noted where applicable.]

~ 38-1. Creation; membership.

  There is hereby created a Planning Commission for the Town of Elsmere which shall consist of eight (8) members, all of which members shall be citizens of the Town of Elsmere.

~ 38-2. Terms of office; appointment; compensation.

  Of the eight (8) members of the Commission, two (2) shall be appointed to serve for a period of one (1) year; three (3) for a period of two (2) years; and three (3) for a period of three (3) years. Thereafter such appointments shall be for a term of three (3) years each. The appointments shall be made by the Mayor subject to confirmation by the Council. Vacancies shall be filled by appointments for unexpired terms only. All members of the Planning Commission shall serve without compensation, except that if the Council deems it advisable, the Secretary of such Planning Commission may receive such compensation as may be fixed from time to time by the Council and provided for by ordinance. Any member of the Planning Commission may be removed for cause, after a public hearing, by the Mayor with the approval of Council.

~ 38-3. Organizational meeting; recordkeeping; annual report.

  Immediately following their appointment, the members of the Planning Commission shall meet, organize and elect a chairman and a secretary from its own members and may employ experts, clerical and other assistants. The Planning Commission shall keep written records of its proceedings which shall be open at all times to public inspection. The Planning Commission shall file an annual report with the Mayor and Council setting forth its transactions and recommendations.

~ 38-4. Powers and duties.

  The Planning Commission shall have the powers and duties as specified and set forth in full in 22 Delaware Code, ~ 701 et seq, and shall include the following:

     A.     To prepare and recommend to the Town Council a comprehensive plan of public improvements, looking to the present and future development and growth of the town. Such a plan after its adoption by the Council will be known as the "official plan." Such plan shall include reasonable requirements in reference to streets, alleys and public grounds within the corporate limits.

     B.     To prepare and recommend to the Council from time to time such changes in the plan or any part thereof as may be deemed necessary by the Council or by the Planning Commission.

     C.     To prepare and recommend to the Council from time to time plans and/or recommendation for specific improvements in pursuance of such official plan.

     D.     To give aid to the town officials charged with the direction of projects for improvements, embraced within the official plan, to further the making of such improvements, and generally to promote the realization of the official plan.

     E.     To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.

     F.     To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.

     G.     To exercise such other powers germane to the powers granted by statute.

~ 38-5. Official map.

  The Planning Commission shall recommend to the Council for adoption by the Council an official map of the Town of Elsmere showing the public ways and parks therein as theretofore laid out and established by law and the private ways then existing and used in common by more than two (2) owners. Such official map is hereby declared to be established to conserve and promote the public health, safety and general welfare. Upon the adoption of such a map and upon any change therein or addition thereto made as herein provided, the Town Clerk shall forthwith file such with the Recorder of Deeds in and for New Castle County. Any change or addition to the official map shall not become effective until after a public hearing in relation thereto before the Council at which parties in interest shall have an opportunity to be heard. At least ten (10) days' notice of such a public hearing shall be given by advertisement in a newspaper of general circulation in the Town of Elsmere. No such change or addition which has not been previously recommended by the Planning Commission established by the provisions of this chapter shall be adopted until after a report thereon by said Commission, and no variance from a plan prepared or approved by said Planning Commission shall be made except by a two-thirds vote of all the members of the Council; provided, however, that the last-mentioned requirement shall be waived in case the matter has been offered to said Planning Commission for a report and it has failed to report within thirty (30) days thereafter.