CHAPTER 269

AN ACT TO AUTHORIZE THE MAYOR AND COUNCIL OF WILMINGTON TO ADOPT AN ORDINANCE MERGING THE WILMINGTON PLANNING COMMISSION AND WILMINGTON ZONING COMMISSION, AND THE FUNCTIONS OF THESE COMMISSIONS, INTO A SINGLE ENTITY TO BE KNOWN AS THE WILMINGTON COMMISSION ON ZONING AND PLANNING, AND ESTABLISHING MEMBERSHIP THEREOF.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):

Section 1. The Mayor and Council of Wilmington may at any time by ordinance provide that the Wilmington Planning Commission, established pursuant to 22 Delaware Code § 701, and the Wilmington Zoning Commission, established pursuant to 22 Delaware Code § 306, shall be merged into and be a single commission or entity to be known as the Wilmington Commission on Zoning and Planning, and the powers and duties imposed by the terms of 22 Delaware Code § 701 and 22 Delaware Code § 306 shall be performed and carried out by the said Wilmington Commission on Zoning and Planning.

Section 2. The Wilmington Commission on Zoning and Planning shall have eight members and, upon its formation, such Commission shall consist of all the members who constituted the Wilmington Planning Commission and the Wilmington Zoning Commission at the time of the effective date of this law. These members shall serve out the terms of office for which they were appointed to their respective Commissions. As their respective terms expire, the Mayor, subject to confirmation by "The Council", shall appoint their successors for terms of four (4) years each.

Section 3. Members of the Wilmington Commission on Zoning and Planning may be removed for cause after a public hearing by the Mayor, with the approval of "The Council". A vacancy occurring, otherwise than by expiration of term, shall be filled by appointment of the Mayor for the unexpired term in the same manner as an original appointment.

Section 4. Upon its formation and thereafter annually the Wilmington Commission on Zoning and Planning shall elect a Chairman and a Secretary from among its own number. It may employ such experts, clerical and other assistants as it may determine necessary, and the Commission shall appoint a custodian of its plan, reports and records.

Section 5. The Wilmington Commission on Zoning and Planning shall have the same functions, rights, powers, duties and liabilities as those now vested by statute and ordinance in the Wilmington Planning Commission and the Wilmington Zoning Commission, and all laws and ordinances relating to those commissions, not inconsistent herewith, including all laws and ordinances which specify the functions, rights, powers, duties and liabilities of the respective commissions, shall remain in full force and effect and shall be applicable to said Wilmington Commission on Zoning and Planning.

Approved May 18, 1960.