Chapter 17.15
ROLES AND DUTIES
Sections:
17.15.010 What this chapter does.
17.15.030 Planning commission – Organization.
17.15.040 Planning commission – Duties.
17.15.060 Other boards and commissions.
17.15.070 Public meetings and public hearings.
17.15.080 Individual liability.
17.15.010 What this chapter does.
This chapter describes the roles and duties of the official participants in the administration of this title. This chapter also serves as the ordinance to establish a planning commission, as provided by Section 10-9-201(1), Utah Code Annotated 1953. [Ord. O-23-2005 § 3 (Exh. 1(1) § 3.1)].
17.15.020 Planning director.
The mayor may, with the advice and consent of the city council, appoint a planning director to perform the duties listed herein as delegated by the mayor.
A. Prepare Development Applications. The planning director or designee shall prepare official development application forms which shall be reviewed and approved by resolution of the city council, and receive all applications for permits required by this title.
B. Review Development Applications. The planning director or designee shall review applications for permits for compliance with this title or other city ordinances and approve or disapprove such applications as allowed by this title and other city ordinances.
C. Prepare Application Reports. The planning director or designee shall refer applications for development permits and master development plan approval to other agencies, as directed by this title and other city ordinances, and shall prepare reports on, or arrange for professional review of, applications for development permits and master development plans following the procedures of this title and other city ordinances.
D. Agendas and Public Notice. The planning director or designee shall assist the city recorder, planning commission, board of adjustment, mayor, and city council in setting agendas, providing required notice of all hearings as set forth in this title, providing required notice of all decisions made, and ensuring that the required accurate record of all proceedings is accurate and available to the public.
E. Code Enforcement. The planning director or designee shall issue certificates of compliance, based on site inspections, as provided in this title or any other city ordinances, enforce the provisions of development agreements, investigate possible violations of this title, and initiate proceedings to correct violations, as provided by this title.
F. Other Duties as Assigned. The planning director or designee shall perform all other duties assigned by this title and the city council. [Ord. O-23-2005 § 3 (Exh. 1(1) § 3.2)].
17.15.030 Planning commission – Organization.
A. The planning commission shall be established, as authorized by Section 10-9a-301 et seq., Utah Code Annotated 1953.
B. Six Members. The planning commission shall consist of five regular members and one alternate member. The five regular members of the planning commission shall be entitled to attend all meetings and vote on all issues. The alternate member is encouraged to attend all meetings and can fully participate in all meeting discussions, but the alternate member shall only vote if a regular member is not in attendance or if a regular member recuses themselves from an agenda item.
C. Terms. The regular members of the planning commission shall serve terms of three years, except the city council may adjust the term, to provide for the annual appointment or reappointment of at least one member. The alternate member shall serve a term of three years unless appointed as a regular member of the planning commission during that time or removed in accordance with subsection G of this section. The original term of the alternate member shall expire on December 31, 2024.
D. Vacancies. The mayor shall, with the advice and consent of the city council, fill any vacancy within 30 days of the death, resignation, or removal of a member, or the expiration of a member’s term. The term of such appointment shall be for the remainder of the unexpired term.
E. Appointment Process. The appointment or reappointment process for planning commission members shall follow the same process as for board positions set forth in EMMC 2.27.030 and 2.27.040.
F. Bylaws. The planning commission shall elect officers and adopt policies, bylaws and procedures for the conduct of its internal business, in accordance with state law and this title.
G. Removals. Any planning commission member may be removed with or without cause by the mayor with the advice and consent of the city council. Planning commission members may also be removed for cause by the city council, after a hearing before the city council, if such a hearing is requested by the member, at which the city council shall vote on removal of the planning commission member. [Ord. O-31-2022 § 2 (Exh. A); Ord. O-24-2022 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 3.3)].
17.15.040 Planning commission – Duties.
The duties of the planning commission shall be to:
A. Review or Approve Applications. Review and recommend to the city council, or approve, development applications as allowed in this title and by Section 10-9-204, Utah Code Annotated 1953, Powers and Duties;
B. General Plan. Monitor development activity, periodically review the general plan and this title, and recommend desirable amendments to the general plan or this title to the city council following the procedures established herein;
C. Land Use Authority. Periodically review and make a recommendation to the city council designating at least one land use authority to hear and act upon land use applications;
D. Appeal Authority. Periodically review and make a recommendation to the city council designating at least one appeal authority to hear and act on an appeal from a decision of the land use authority;
E. Streamline Review. Periodically review the approval process within the development code and make recommendations as to how uncontested applications may receive a streamlined review and approval;
F. Interpretation Appeals. Appeals concerning the interpretation of this title, appeals from decisions of the planning director using the appeals procedure provided in this title;
G. Variances. For variances concerning the terms of this title, the planning commission shall strictly adhere to the criteria enacted by the state of Utah as defined in Section 10-9-707, Utah Code Annotated 1953, for the granting of variances;
H. Other Duties as Assigned. Carry out any other duties and responsibilities that are required by this or any other title and hear and decide any matters that the city council designates. [Ord. O-23-2005 § 3 (Exh. 1(1) § 3.4)].
17.15.050 City council.
The mayor and city council have the legal authority to amend this title following the process required by the Utah Code, as amended. The other duties of the mayor and city council in the administration of this title shall be to:
A. Appointments. The mayor shall appoint, with advice and consent of the city council, planning commission, public works board, and board of adjustment members, as provided by this title;
B. Approve Agreements and Plats. Review and act on proposed development agreements and final subdivision plats, as provided by this title;
C. Appeals. Hear certain appeals, as provided by this title;
D. Review and Approve Applications. Review and approve applications for major development permits, as provided by this title;
E. Annexations. Review and approve annexation petitions, master development plans and accompanying annexation or master development plan agreements. [Ord. O-23-2005 § 3 (Exh. 1(1) § 3.5)].
17.15.060 Other boards and commissions.
The city council has the authority to create other boards and commissions. These additional boards and commissions may be created or amended at any time by ordinance of the city council. [Ord. O-23-2005 § 3 (Exh. 1(1) § 3.6)].
17.15.070 Public meetings and public hearings.
All public meetings and public hearings conducted in the administration of this title shall be conducted in compliance with the Open and Public Meetings Act, Section 52-4-1, et seq., Utah Code Annotated 1953. [Ord. O-23-2005 § 3 (Exh. 1(1) § 3.7)].
17.15.080 Individual liability.
The provisions of the Utah Governmental Immunity Act shall govern the assumption of defense and liability for individuals holding public office in the city or under the employ of the city. [Ord. O-23-2005 § 3 (Exh. 1(1) § 3.8)].