Chapter 17.20
PLANNING COMMISSION BYLAWS
Sections:
17.20.020 Appointment, term, and removal.
17.20.080 Minutes and records.
17.20.100 Policies for conducting business.
17.20.120 Planning commission creed.
17.20.130 Chairman signature approval.
Prior legislation: Ord. 13-154.
17.20.010 Name of the agency.
The name of the agency shall be the Naples planning commission. [LUO § 02-04-001.]
17.20.020 Appointment, term, and removal.
(1) There is hereby established a planning commission which shall have the powers and duties described in Section 10-9a-302, Utah Code Annotated 1953.
(2) The planning commission shall consist of five regular members and up to five alternate members. Alternate members are assigned seniority based on the time they were first considered to be appointed. The members of the planning commission shall be residents of Naples City and shall be appointed by the mayor and approved by the city council. Planning commissioners shall be appointed by terms. Terms are four years in length and are measured starting on January 1st of the year of appointment. Typically, a planning commissioner may serve a maximum of three terms. Incumbent planning commissioners as of the date of the ordinance codified in this chapter shall be considered to have served a number of terms equal to the number of years served divided by four. Planning commissioner appointments shall be staggered in such a way that no more than four planning commissioners’ terms expire at the same time.
(3) Members of the planning commission shall be registered voters in the city of Naples.
(4) Any member may be removed for cause by the city council. Grounds for removal shall include but not be limited to failure to regularly attend meetings, failure to attend/participate in training, conflict of interest, disruptive behavior, neglect or violation of duty, conviction of any crime deemed by the city council to affect the fitness or ability of the individual to serve, or any other cause determined by the city council to warrant removal.
(5) Prior to removal for cause the member shall be notified of the charges or allegations and shall have an opportunity to appear before the city council and answer those charges according to procedures adopted by the city council.
(6) Alternate members shall be appointed and shall serve in the same manner as regular members and shall be requested to attend meetings and training. In the absence of a member of the planning commission, an alternate member shall sit in place of and perform the same functions and duties as a regular member of the commission.
(7) A quorum to conduct business or conduct a public hearing or perform any other function of the commission shall only consist of one of the following options, based on the members present in attendance:
(a) Three regular members and zero alternate members.
(b) Three regular members and two alternate members.
(c) Four regular members and one alternate member.
(d) Five regular members and zero alternate members.
(8) Whenever one or two alternates are used to make a quorum, the senior-most alternate(s) shall be used.
(9) When exactly two regular members and at least one alternate member are present at a meeting, the chairman, vice-chairman, or chairman pro tem may temporarily designate the senior-most alternate as a regular member in order to create a full quorum.
(10) Unless otherwise specified herein, any matter shall be passed or approved upon motion made and seconded and approved by the affirmative vote of majority of members present at the meeting.
(11) The commission may adopt rules of order for the conduct of its business and shall adopt rules of procedure for the conduct of public hearings before the commission which shall be approved and may be altered or amended by the city council.
(12) Failure to adopt rules of order or procedure shall not be cause to avoid or nullify action of the commission. [LUO § 02-04-002.]
17.20.030 Election.
The chairman and vice-chairman shall be elected by the members of the commission from among the regular members and shall hold office for one year or until their successors are elected by the members and qualified by the city council. The elections shall take place in January of each year. [LUO § 02-04-003.]
17.20.040 Vacancies.
Should the office of chairman or vice-chairman become vacant, the commission shall elect a successor from the commission members at the next regular meeting and such election shall be for the unexpired term of said office. Any vacancy occurring during the term of any member by reason of death, resignation, removal or disqualification shall be promptly filled. The commission shall give recommendations for a successor to the city council to fill the unexpired portion of the term. [LUO § 02-04-004.]
17.20.050 Disqualification.
From time to time a member will need to be excused in missing a regularly scheduled meeting. The member will call in to the secretary to give notice for an excused absence. An excused absence does not disqualify a member to sit on the commission. Four nonexcused absences in a year disqualifies a member. Upon the fourth nonexcused absence of a member on the planning commission, the secretary will give notice to the commission chairman and written notice of disqualification and appreciation for service to the disqualified member. The vacancies will be filled as soon as possible. [LUO § 02-04-005.]
17.20.060 Officers.
The officers of the commission shall be a chairman and a vice-chairman. In the absence of both the chairman and vice-chairman, the members present at such a meeting may elect a chairman pro tem. The terms of office for the chairman and vice-chairman shall be one year and for the chairman pro tem only for the meeting at which he or she is appointed or until relieved of the chairmanship by the chairman or vice-chairman.
A secretary to the commission shall be appointed in conformance with Naples planning and zoning ordinances and procedures. [LUO § 02-04-006.]
17.20.070 Meetings.
The regular meetings of the commission shall be held the third Thursday of every month, providing that:
(1) A quorum of the commission at any such regular meeting may, by formal action, substitute another day for a regular meeting for the ensuing month.
(2) If, for any reason, the business to be considered at a regular meeting cannot then be completed, the commission may, at such meeting, designate the time for an adjourned meeting to consider any matter that can properly be considered at a regular meeting; provided, that such action shall serve as adequate notice to members not present. It shall be the standing order that the secretary shall endeavor to advise absentee members of the determination to hold such adjourned meeting.
(3) The chairman shall preside at all meetings. Except as otherwise authorized, the chairman shall sign all contracts, deeds, plats, and other instruments made by the commission. At each meeting the chairman shall submit such recommendations and information as may be considered proper concerning the business, affairs and policies of the commission.
(4) In the event of lack of quorum at a regular meeting, the chairman or vice-chairman or chairman pro tem, in that order, shall adjourn the meeting to another date in the same calendar month and such declaration of adjournment shall serve as sufficient notice thereof to all members present and it shall be the duty of the secretary to employ such reasonable means as may be necessary to notify the absentees.
(5) Special meetings may be called:
(a) By action of the commission at a regular meeting.
(b) By order of the chairman or, in their absence, by the vice-chairman.
(c) By the written request of three or more regular members of the commission.
Written notice of special meetings shall be provided to members of the commission by the secretary. In the event of emergency, a telephoned notice shall suffice, provided a written waiver of other notice is signed by a majority of the entire commission present at such special meeting. Action on matters at special meetings shall be limited to subjects announced in the call for such special meetings. [Ord. 21-236, 2021. LUO § 02-04-007.]
17.20.080 Minutes and records.
It shall be the duty of the secretary of the commission to keep the minutes of all official meetings of the planning commission in conformance with the city of Naples zoning ordinances and procedures, including public hearings whether presided over by the commission as a whole or by a designated member or members. It shall also be the duty of the secretary to maintain all of the records of the planning commission, including all applications made under provisions of law and the complete files of proceedings and actions taken in connection therewith.
The secretary shall, not less than two days prior to any regular scheduled meeting of the planning commission, transmit to each member of the commission a full and completed copy of the minutes of the previous meetings, including copies of any resolutions referred to therein. [LUO § 02-04-008.]
17.20.090 Personnel.
The commission may from time to time employ, with the approval of the city council, such personnel or consultants as it deems necessary to exercise its powers, duties and functions as prescribed by the laws of the state of Utah applicable thereto. The selection and compensation of such personnel shall be determined by the city council subject to the laws and ordinances of the city of Naples. [LUO § 02-04-009.]
17.20.100 Policies for conducting business.
(1) Members Serve With Compensation. Members and alternates of the planning commission shall receive a per diem compensation for attendance at meetings and training sessions of $75.00 per meeting or such other amount as may be established by resolution of the city council. Members or alternates may be reimbursed for reasonable expenses incurred in the performance of their duties with the approval of the city council.
(2) Contracts and Employment. The planning commission may appoint such employees and staff as it may deem necessary for its work and may contract with planners and other consultants for such services as it requires, provided the expenditures of the commission shall not be in excess of such sums as may be appropriated by the city council, and/or placed at the disposal of the commission through donations or otherwise.
(3) Reports and Recommendations – Entry Upon Land. The planning commission may make reports and recommendations relating to the general plan and development of the city to city officials and agencies, and other organizations and citizens. It may recommend to the city council programs for public improvements and the financing thereof. The commission, its members and employees, in the performance of its function may enter upon any land at reasonable times to make examination and surveys and place and maintain necessary monuments and marks thereon. In general, the commission shall have such powers as may be necessary to enable it to perform its function and promote city planning.
(4) Land Use Plan. The planning commission, through its own initiative or by order of the city council, shall make and certify to the city council a land use plan, including both the full text of the zoning ordinance and maps, and any amendments thereto, representing the commission’s recommendations for zoning of Naples City. The city council may, after receiving the recommendations of the commission, adopt the recommendations of the commission, as it may determine.
(5) General Plan.
(a) It shall be the function and duty of the planning commission, after holding public hearings, to make and adopt and certify to the city council a general plan for the physical development of the city. The general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall show the commission recommendation for the said physical development and may include, among other things, the general location and extent of street. The planning commission, after holding a public hearing thereon, may from time to time amend, extend, or add to the plan or carry any part of the subject matter into greater detail.
(b) General Plan to Act as Guide for Development. Whenever the city council shall have adopted a general plan for the city of Naples, henceforth the general plan shall be a guide for the physical development of the city. All land use decisions should, where practical, conform to the adopted general plan. The general plan should be reviewed and updated from time to time to reflect new circumstances.
(6) Adoption of Master Street Plan. The planning commission shall adopt and maintain a master street plan for the city in conformance with, and as a part of, the general plan. Said master street plan shall contain the proposed location of all arterial and collector streets, and such other principal streets as the commission may deem appropriate. Upon adoption of a master street plan by the planning commission, said plan shall be submitted to and recommended to the city council for adoption as the official master street plan.
(7) Approval and Recording of Subdivision Plats. No plan of a subdivision of land lying within the city shall be filed or recorded in the county recorder’s office until it shall have been submitted to the planning commission for recommendation and then given approval by the city council, and any recording of a plat of a subdivision without such approval shall be void. In exercising the power granted to it, the planning commission shall prepare regulations governing the subdivision of land within the city. A public hearing thereon shall be held, after which the city council may adopt said regulations for the city. [LUO § 02-04-010.]
17.20.110 Advisory committee.
The planning commission may make a recommendation to appoint an advisory committee to perform such duties as requested by the mayor and city council. The function of the advisory committee will be to make recommendations and provide guidance to all matters pertaining to activities assigned to the committee.
The committee may be selected from individual citizens, public officials, business and community leaders, and civic organizations. [LUO § 02-04-011.]
17.20.120 Planning commission creed.
As a member of the Naples City planning commission who is vitally interested in building and maintaining a viable community in which to live, work and play, I hereby resolve to:
(1) Support and defend the Constitution of the United States of America and the Constitution of the State of Utah.
(2) Concern myself with the advancement of the public’s interest in all matters that come before me.
(3) Place the competence and effectiveness of service to the public above all interests of persons, factions, or parties.
(4) Endeavor, through diligent attendance, to represent the best interest of the community as a whole, as I have been appointed to do.
(5) Seek to assimilate all pertinent information on matters before the planning commission prior to committing myself to an irrevocable judgment or decision.
(6) Prepare myself for all items scheduled for presentation to the planning commission.
(7) Strive to provide fiscally sound policies, matching expenditures to funds budgeted.
(8) Not make available to any one citizen any services, tangible or intangible, that are not equally available under the law to any other citizen.
(9) Abstain from participation in a decision of the planning commission and/or governing body where a possible conflict of interest may occur.
(10) Avoid unilateral action that does not comply with existing policy of the planning commission.
(11) Work with the professional staff of the planning commission and other persons to achieve the most desirable results with regard to the planning/zoning processes and established community development policies.
(12) Refuse personal gifts in every instance where I have reason to believe the gift would not have been extended to me except for my official position, where I have reason to believe the giver’s interests are likely to be affected by my official actions, or where the gift is or may reasonably be considered to be designed to influence my official actions.
(13) Conduct myself, in my contacts with other persons and groups, in a manner keeping the trust and dignity reposing in my position as a servant of the community. I shall further take care to guard not only the factual principles but also the appearances of justice and integrity. [LUO § 02-04-012.]
17.20.130 Chairman signature approval.
A motion to approve a plat or document that must be signed by the chairman on behalf of the commission shall include authorization for the chairman or in his absence, vice-chairman, to sign the document on behalf of the commission. If after the motion is adopted, there are any material changes, the matter must be submitted for approval by the commission again prior to being signed. Whenever the chairman signs a document on behalf of the commission, a copy will be made at the time of the signature and kept in the records of the planning commission. [LUO § 02-04-013.]