There is hereby created and established a Planning Commission of Draper City to recommend and monitor the planning and development of the city.
A. Composition and Appointment: The planning commission shall be comprised of six (6) regular members appointed by the mayor with the advice and consent of the city council.
B. Terms: Members shall be appointed to staggered four (4)-year terms but may be appointed to shorter terms when necessary to provide for staggered terms. Members may be reappointed for successive terms.
C. Alternates: In addition to the six (6) members of the planning commission, the mayor shall appoint alternates to the planning commission with the advice and consent of the city council. Alternates shall serve one-year terms or until appointed to fill a vacancy on the planning commission. Alternates may be reappointed for successive terms.
D. Removal: The mayor may remove any member or alternate of the planning commission with the advice and consent of the city council.
E. Vacancy: A vacancy occurring on the planning commission by reason of death, resignation, removal or disqualification, shall be promptly filled by a replacement appointed by the mayor with the advice and consent of the city council for the unexpired term of the replaced member.
F. Per Diem: Regular and alternate members of the planning commission shall be paid per diem compensation for reasonable and necessary expenses for meetings actually attended, in an amount of one hundred dollars ($100.00).
G. Powers: The planning commission shall be organized and exercise its powers and duties as follows:
1. The planning commission shall elect one of its members as chairperson to oversee all proceedings and activities. The chairperson shall vote only in the event of a tie or when needed to establish a quorum. The chairperson shall serve for a term of one year. The planning commission shall elect one of its members as vice-chairperson to act as chairperson in the absence of the chairperson or because of the chair's inability or refusal to act. The vice-chairperson, acting as the chairperson, shall have the power to vote on all matters.
2. The planning commission may adopt bylaws that govern the conduct of its meetings. Such bylaws shall be approved by the city council before taking effect.
3. The planning commission shall meet according to the schedule adopted each year by the city council, and/or such other times as deemed necessary by the chairperson or city council. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act of the Utah Code Annotated, as amended. Written minutes of all business meetings of the planning commission shall be prepared and filed in the office of the city recorder for review and access by the public in accordance with the Utah Government Records Access and Management Act. Public participation in meetings shall be limited to properly-noticed public hearings.
4. No official business shall be conducted by the planning commission unless a quorum of its members or alternate members is present. Alternates shall be allowed to vote on official business of the planning commission when not all regular members of the planning commission are present. At no time shall more than five regular members or alternates and one chairperson participate in any official business of the commission. Unless otherwise prescribed by law, the planning commission may not take action or forward any recommendation to city council on an agenda item unless without three votes in favor of the action or recommendation.
5. Alternates may fill vacancies occurring on the Commission or may be appointed to the Commission as regular members' terms expire.
6. Alternates should attend planning retreats and educational meetings related to the obligations and duties of the planning commission as offered by the city, and attend joint meetings of the planning commission and city council.
7. Neither the planning commission nor its members have authority to represent, act, negotiate or speak on behalf of the city, or to commit city funds for any purpose unless expressly authorized by the city council, this code, or state or federal law.
H. Duties: It shall be the function of the planning commission to oversee the proper development of the city in accordance with pertinent city ordinances and provisions of Utah Municipal Land Use and Management Act as amended. The duties of the planning commission shall include:
1. Preparing and recommending a general plan and amendments thereto to the city council;
2. Recommending zoning ordinances and maps, and amendments to zoning ordinances and maps, to the city council;
3. Administering applicable provisions of Titles 9 and 17;
4. Recommending subdivision ordinances and regulations and amendments thereto to the city council;
5. Recommending approval or denial of subdivision applications;
6. Advising the city council on matters when requested;
7. Hearing or deciding any matter that the city council designates;
8. Preparing and recommending programs for public improvements and the financing thereof to the city council; and
9. Exercising any other powers delegated by the city council that are necessary to enable the planning commission to perform its function.
I. Examinations and Surveys: The planning commission and its authorized agents may enter upon any land at reasonable times to make examinations and surveys as necessary to enable it to perform its function to promote city planning and development.
J. Appeals:
1. Definition. For purposes of an appeal of a planning commission decision, "affected person" means:
a. Any applicant before the planning commission; or
b. Any person other than an applicant who:
(1) Owns real property adjoining the property that is the subject of a land use application or land use decision; or
(2) Will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.
2. Any affected person may appeal a planning commission decision by filing a written appeal to the appeals and variance hearing officer stating the grounds for appeal within fourteen (14) days from the date of the decision or action.
K. Training: The planning commission shall receive training from time to time as required by state law. (Ord. 1493, 6-15-2021; amd. Ord. 1523, 1-11-2022; Ord. 1592, 11-7-2023)