Planning Commission Code — Resolution-24-102

RESOLUTION NO. 24-IO2

A RBSOLUTION OF THE QTJEENSTOWI\ PLAI\NING COMMISSION TO

REVISE AI\D REPLACE THE QTIEENSTOWN PLAI\NING COMMISSION

BYLAWS

WHEREAS, the Queenstown Planning Commission (the "Planning Commission') is authorizedto adopt rules and bylaws for the transaction of Planning Commission business; and WHEREAS, in 2008, the Planning Commission adopted the Queenstown Planning Commission Bylaws, which have not been updated since 2008; and WHEREAS, the Planning Commission has determined that it is desirable and in the public interest

to adopt an updated version of the Planning commission Bylaws.

NOW THEREFORE, BE IT RESOLVED, by the Queenstown Planning Commission as

FOLLOWS:

l.

That the Queenstown Planning Commission Bylaws dated August 7,2024,a copy of which is attached hereto and incorporated by reference herein, IS HEREBY ADOPTED.

2.

That the attached Bylaws shall supersede all previously issued Planning Commission Bylaws.

3.

This Resolution shall become effective immediately.

1 RESOLVED by the Queenstown planning commission on this day of August, 2024.

STOWN PLANNING COMMIS SION:

oore, Town Manager Amy W. Moore, Town Manager Geneva Thrasher-Rieu Prepared August 7,2024

QUEENSTOWN PLANNING COMMISSION

BYLAWS

I

SECTION Composition, Appointment, and Removal The Planning Commission shall consist of five members, appointed by the President of the Commissioners of Queenstown and confirmed by the Town Commissioners. A majority of members shall be residents of Queenstown; the remaining members may be residents of Queen Anne's County who own a business located within the Town of Queenstown. The term of office of each member is five

(5) years; except that the terms of the initial members shall be staggered.

ll prior to the scheduled end of their term of office, a member ceases to be a resident of Queenstown, or, in the case of a business owner, the member ceases to live in Queen Anne's County and/or their business ceases to operate within the Town of Queenstown, that membe/s seat will become vacant.

Vacancies shall be filled by the President of the Commissioners of Queenstown, and confirmed by the Town Commissioners, whether for the unexpired term of any member whose seat becomes vacant or for the regularly scheduled end of a member's term of office.

After a public hearing before the Town Commissioners, members may be removed from office for neglect of duty or malfeasance in office. The Town Commissioners shall provide, in advance of the public hearing, a written statement of reasons for the removal. Notice of the public hearing will be published in a local daily or weekly newspaper at least two weeks prior to the hearing.

ll SECTION Officers The Pfanning Commission shall elect at its first meeting in each calendar year a Chairperson, Vice Chairperson, and Secretary from among the appointed members, each to serve for one year or until their successo!1s are approved. In the event of a vacancy in any of said offices, a successor shall be approved to serve for the unexpired term of the vacated office. In the absence of the Chairperson, the

Vice Chairperson shall serve as Acting Chairpercon.

lll SECTION General Powers and Duties The Planning Commission shall have the following powerc and duties:

1.

To review, evaluate, and approve or disapprove plans for subdivisions and site plans, in accordance with the Queenstown Subdivision Ordinance.

2.To review and make recommendations to the Queenstown Town Commissioners regarding:

a. Changes or amendments to the Queenstown Comprehensive Plan;

b. Changes or amendments to the Zoning Ordinance;

c. Zoning and land use map amendments;

d. Changes or amendments to the Subdivision Ordinance;

e. Acquisition and development of lands for open space or recreation purposes in the Town of Queenstown;

f. Changes in land use or development in the Town of Queenstown arising from local, State, or Federal programs or policies;

g. Such duties as may have been or may be assigned to it under any Queenstown ordinance.

h. Such duties as may be or have been assigned to it by Article 668, Annotated Gode of Maryland l. Any other matters which the Town Commissioners of Queenstown may ask the Planning Commission to consider

3. To review and make recommendations to the Queenstown Board of Zoning Appeals regarding

requests for Special Exceptions from the Zoning Ordinance.

lV SECTION Meetings Regular meetings of the Planning Commission shall be held on the first Wednesday of each month, 3t the call of the Chairperson, or at such other times as the Planning Commission may determine. The regular meetings shall be held in the Hearing Room of the Town ffice or in other locations provided public notification of the altemate location is provided at least forty-eight hours in advance of the

meeting.

Special meetings of the Planning Commission shall be held only by a decision of the majority of the Planning Commission members or by request of the Town Commissioners of Queenstown. The Planning Commission shall determine the time and place of the special meeting. Notice of such meetings shall be given to allthe members and the public not less than forty-eight hours in advance thereof.

The meetings of the Planning Commission shall be open to the public, to the extent required by the Maryland Open Meetings Act, but the Commission may limit active public participation in its administrative functions. When appropriate, the Planning Commission may adjourn to Executive Session, but only in accordance with the Maryland Open Meetings Act.

SECTION V Quorum

The presence of three unrecused members of the Planning Commission shall constitute a quorum for the conduct of business. No action shall be taken in the absence of a quorum except to adjoum the meeting to a subsequent date.

Vl SECTION Voting At all meetings of the Planning Commission each member attending shall be entitled to cast one vote.

Voting shall be by voice. An affirmative vote of a majority of those present shall be required to effect a decision or recommendation of the Planning Commission. A tie vote shall fail passage of a motion.

ln the event that any member shall have a perconal interest of any kind that would affect their ability to render a decision on a matter then before the Commission based solely on the evidence, he or she shall disclose his or her interest and be disqualified from voting upon the matter, and the Secretary shall so record in the minutes that no vote was cast by such member.

SECTION Vll Proceedings

At any regular meeting of the Planning Commission, the following shall be the regular order of business:

o The Chairperson will callthe meeting to order.

o The Chairperson will state that the members have had an opportunity to review the agenda and will ask if a member has anything to disclose.

o The minutes will be read; changes noted; and a vote taken on the minutes.

o Public issues will be heard in the following manner:

1. lntroduction of participants;

2. Staff report;

3.Applicant will present case;

4. Planning Commission will ask questions;

5.Opposition may present its case;

6. Planning Commission will ask questions;

7. Citizens ask questions or present comments on the proposal;

S.Applicants make a final statement;

9.Stafiwill present any additional recommendationa or @mments;

'10. Planning Commission will have a general discussion;

11. Motion will bs made and s€condod:

12. Motion will bs discussed; and

13. Vote will be taken by a[ memb€rs,

.

Stafi General Report .

ChairpeFon's Report .

Action items .

lmportant Dates .

Study ltems .

Adjoumment Vlll SECTION Rules of Pmcedure All msotings of the Planning Commiseion shall b€ conducted in accordance with Roberts Rules of Ordsr. Atl rcqussts for ac'tion8 or dscisions by the Planning Commission on matters within its puMe , shall be submifted in w Ung, including the appropriatB applications and fs€s, at least two wseks prior to ths mesting of tho Commission at whir$ the request will be

considered, At the meeting of the Planning Commtssion, any interested pe6on shall have the right to submtt, in accodanc€ with established rules, oral or writbn tsstimony and commenl Rules of svldence shall be relax€d, hoivever the burden of proof shall remain wih the applicant. All wihesses (including staff) who ar€ tedirying for those cases in which the Planning Commission is gxercising it decision-maklng authority may be requir€d to testiry under oath. The Planning

Commisdon shall have the autholity to direcfly consult legal coun$t, when necsssary, b€fore rcndoring any decision or making any recommsndation.

lX SECTION Duties of Offcers Ths duties of the offc€rs of the Planning Commission shalt be as bllotrs:

Chairperson 1.

Prsside at all meetings of the Commission;

2.

Call spsclal moetings of ths Commission in accrrdancs with these bylaws.

3.

Plepare the agenda fur all mo€tings of the Commission. Pmjoc{s will not b€ placed on lhe agenda unless the Town Offce r€ceives a complete application a minimum of two weeks bebr€ the meeting; and 4.

Soe that all actions of the Commission arc propedy sxecutod.

Mce Chairpetson 1.

During the abs€nce of the Chairperson, the Mce Chaiperson shall exerciso or perform all the duties and shall be subjsct to all respongibilitiss of the Chaim€rson.

2.

During the absenco, disability, or disqualification of the Chairperson ano the Vic€ Chairperson, the member who has servod on the board the longest shall exercise or perbrm all the dutiss and be subject to all the resoonsibilities of the ChairDerson.

Secretary .

1 Ksop minutes of all of the Commission's proce€dings, which shall contain the namss of the memb€rs prcsent a summary of all testimony, comm6nt, or evidenco pres€nted: the exhibits presentsd: and the decision or rccommendation of the Commission.

2.

A psrmanent file of each proceeding, includirE applications and the minutes, shall be maintainsd in ths Town Offce of Queenstown and shall be public rccord.

Town Staff

1. Give or serve all notices required by law or these bylaws;

2. Be custodian of Commission records, all of which shall be open to the

public. Appropriate fees may be charged for copies; and

3. Inform the Commission of conespondence relating to business of the

Commission and to attend to such correspondence when directed by the Commission.

SECTION X

Responsibilities of Members of the Planning Gommission o Attend and fteely participate in discussions at regular and special meetings.

Develop an understanding of Article 668 of the Public General Laws of Maryland; the Queenstown Comprehensive Plan; the Queenstown Zoning, Subdivision, Floodplain Management, Stormwater Management, and Forest Conservation Ordinances; and the spirit and intent of these documents.

o Gain an understanding of State and Federal agency programs and laws which affect Queenstown.

o Gain an understanding of the workings of local administrative bodies.

o Make personal inspections, when necessary, of land and other situations that require Commission action.

o Help the general public to understand and accept the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, and other Town plans and regulations.

Xl SECTION Meeting Attendance Accepting the position of Planning Commissioner involves a significant time commitment. Members are requiied to attend all regular or special meetings, complete mandatory training, and continually e*pand their understanding of planning topics, Attendance at Planning Commission meetings or workshops is mandatory unless a member is excused due to exceptional circumstances. lf a member needs to be excused,

tney snou6 notiff the Chair or Town Manger. Failure to attend three consecutive regular or work session meeting-s, or fbur regular oiwork session meetings within a calendar year without excuse, may result in the Ghair recommending to the Town Cbmmissioners that the member be removed from the Commission for cause.

Xll SECTION Committees To assist in its community planning efforts, the Planning Commission shall appoint any special committees of citizens it deems necessary to provide advice and counsel to carry out its overall responsibilities.

Xll SECTION Amending BYlaws These Bylaws may be amended at any meeting of the Plannin_g Commission provided that notice of said proposed meetingis given to each member in writing at least five days prior to said meeting. A copy of these bylaws will be provided to the Town Commissioners of Queenstown.

SECTION XIV

Conflict with Maryland Annotated Code Whenever a conflict or discrepancy exists between the wording in these Bylaws and the applicable goveming section of the Maryland Annotated Code, as may be amended, is found to exist; then the 6ffective-provisions of the Marytand Annotated Code shall govem and supersede the specific wording of these Bylaws, until such time as the conflict or discrepancy is eliminated. Where such conflicts are

discoveied to exist, the Planning Commission shall proceed to update and amend the Bylaws to eliminate said conflict or discrepancy at its earliest convenience.

These Bylaws were adopted by the Planning Commission at its August 7,2024 meeting.