Rehoboth Planning Commission chair speaks against proposed ordinances

An article in the Oct. 11 edition reports that Rehoboth commissioners will likely consider two sets of ordinances at their Oct. 18 meeting that would amend the city's site-plan review and zoning codes. 

At the Sept. 20 meeting, Mayor Stan Mills announced that City Manager Taylour Tedder requested that Max Walton (special counsel) draft a new set of ordinances which would transfer exclusive authority to interpret the zoning code in site-plan review cases from the planning commission to the building inspector, a member of the city manager's staff. As drafted, the building inspector would then have sole power to interpret provisions of the zoning code when reviewing all aspects of site plans for major commercial projects, including new hotels along the Boardwalk. 

The second ordinance under consideration would leave that authority with the planning commission, which has successfully exercised it without interference for nearly 15 years. 

Site-plan review of large commercial developments requires a thorough understanding of highly technical architectural, engineering and legal standards in the zoning code. 

City law, however, merely requires the building inspector be 18 years old with a high school diploma and knowledge of building construction and carpentry. In contrast, planning commission members are appointed by the board of commissioners in a publicly transparent process, and include licensed engineers, architects and lawyers with professional qualifications necessary to fully evaluate these complex zoning requirements and attendant planning considerations. 

Moreover, the city manager's proposed ordinances would allow the building inspector to meet with developers and their representatives behind closed doors with no public input prior to issuing decisions regarding whether projects are code compliant. Where is the transparency that has been promised by our city's government and elected officials? 

In contrast, the planning commission is required to make all its decisions in open meetings and hearings with public participation with public notice. 

Under the proposed ordinances, if the planning commission disagrees with the building inspector's interpretation of the code for a large commercial project, it would have the right to appeal the decision to the board of adjustment. 

However, the approval process for the project would be on hold pending resolution, which could potentially be a multi-year dispute during which the city would be responsible for the fees of an army of lawyers required to defend the building inspector, pursue the planning commission appeal, handle the board of adjustment case and participate in any litigation. 

By comparison, appeals of planning commission decisions are rare, generally brought by property owners who pay their own legal fees, and heard by the board of commissioners (and possibly the court) after the site-plan approval process for the project has concluded. 

The new ordinances are being rushed through by the city manager who seeks to bring under his control the responsibilities of the planning commission, which include working collaboratively with developers to ensure that our treasured small-town resort community retains its charm. Once that charm is gone, it can never be recovered. The public needs to make their voices heard regarding the high stakes in these legislative initiatives.