AN ORDINANCE TO AMEND

TITLE 17

OF THE CODE OF EMMITSBURG

ENTITLED

ZONING

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BE IT ENACTED AND ORDAINED by the Board of Commissioners of the Town of Emmitsburg, Maryland that Chapter 17.16 of the Emmitsburg Municipal Code be, and it hereby is, amended as follows:

The amended section of this regulation reads as follows with new language designated by being in BOLD CAPITAL LETTERS, and language being deleted designated by being stricken through.

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Chapter 17.16

PLANNING AND ZONING COMMISSION

Sections:

17.16.010 Officers and committees.

17.16.020 Meeting of the board.

17.16.010 Officers and committees.

A. The planning commission shall consist of four members and one board of commissioners' representative, who shall be a voting member, all of whom shall be residents of the town of Emmitsburg. The members of the commission shall be appointed by the mayor with the consent of the board of commissioners. Members shall be appointed for a period of five years, OR UNTIL THE MEMBER’S SUCCESSOR TAKES OFFICE. THE TERMS OF THE MEMBERS SHALL BE STAGGERED. VACANCIES OCCURRING OTHER THAN THROUGH THE EXPIRATION OF A TERM SHALL BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM. Members of the commission shall serve without compensation. One alternate member shall be appointed to serve when a regular member is absent

or otherwise unable to attend. The alternate is required to attend all meetings, as stipulated in Section 17.16.020.

B. The commission shall organize annually in the month of February JANUARY and elect a chairperson, vice-chairperson and secretary.

C. The chairperson or in his or her absence the vice-chairperson or secretary, shall preside at all meetings and hearings of the commission. The presiding officer shall decide on all points of order and procedure, subject to

planning and zoning rules, and Roberts' Rules of Order unless otherwise directed by a majority of the commission members present.

(Ord. 07-10: Ord. 97-14; Ord. 93-11 § 1 (part): prior code Art. XI (Art. IX-A § 1.0)) (Ord. No. 09-02, 3-2-09)

17.16.020 Meeting of the board.

A. THE PLANNING COMMISSION SHALL HOLD MEETINGS QUARTERLY; IN JANUARY, APRIL, JULY, OCTOBER, OR MORE OFTEN AS THE PLANNING COMMISSION’S DUTIES REQUIRE. IF THERE IS BUSINESS BEFORE THE PLANNING COMMISSION, MEETINGS SHALL BE HELD MONTHLY UNTIL SUCH BUSINESS HAS BEEN COMPLETED.

B. AGENDA ITEMS. PLANNING COMMISSION AGENDA ITEMS MUST BE SUBMITTED TO THE TOWN OFFICE AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE LAST MONDAY OF A MONTH, AND WILL BE PLACED ON THE AGENDA FOR THAT MONTH. IF THIS IS NOT A SCHEDULED QUARTERLY MEETING, A REGULAR PLANNING COMMISSION MEETING WILL BE HELD TO CONSIDER THE AGENDA ITEM. CONSIDERATION OF THE SUBMITTAL WILL CONTINUE AS SPECIFIED IN §17.16.020A.

C.A Regular meetings shall be held on the last Monday of each THE month, or the next business day. The secretary shall give each member forty-eight hours or more notice of change of date of the meeting. by mail or telephone.

D.B. Special meetings may be called by the chairman or in his absence the vice-chairman. Notice of such meetings shall be giveN each member by mail or telephone ninety-six hours or more before said meeting. This does not apply to A meeting requiring advertisement or other PUBLIC notice SHALL BE SCHEDULED SO AS TO MEET SUCH REQUIREMENTS.

E.C. Attendance. It shall be the duty of each member to attend all meetings. Should any member be absent from one-half or more of all meetings held during the year, the commission shall recommend to the mayor and town council that the member's resignation be requested, unless determined by vote of a majority of commission members that there is a sufficient excuse REASON for nonattendance.

F.D. A quorum shall consist of a majority of the existing membership.

G.E. The order of business shall be as follows:

1. Disposition of minutes;

2. Opening statement by chairman to audience;

3. Hhearing of advertised cases; [s1]

3.4. Old business (refer to agenda);

4.5. New business (refer to agenda).

H.F. It shall be the duty of the secretary, assisted by the commission's staff to keep a true and accurate record of all proceedings at all meetings and public hearings. A tape recording AND/OR DVD may be accepted as the official record. A resume of the minutes shall be typed, AND KEPT ON FILE AT THE TOWN OFFICE placed in a record book. The secretary or presiding officer at the meeting shall sign the minute book, resolutions, and other official documents, as adopted or approved. (Ord. 93-11 § 1 (part): prior code Art. XI (Art. IX-A § 2.0))

BE IT FURTHER RESOLVED, ENACTED AND ORDAINED that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.

PASSED this _____ day of _____________, 2010, by a vote of _____ for, _____against, _____ absent, and _____ abstain.

ATTEST: EMMITSBURG BOARD OF COMMISSIONERS

By:__________________ __ _______________________________

Vickie Felix, Recording Secretary Christopher Staiger, President

______ APPROVED _____VETOED

this _____ day of ______, 2010.

____________________________

James Hoover, Mayor

I hereby certify that the foregoing Ordinance has been posted as required by Chapter 2.04 of the Emmitsburg Municipal Code.

Date: ________________ _________________________________

Donna Des Pres, Town Clerk

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