A. Creation:
1. There is hereby created an eastern Summit County planning district, consisting of the area described in section 11-7-3 of this chapter.
2. There is hereby established an eastern Summit County planning district planning commission ("planning commission").
B. Powers And Duties: The planning commission shall have the following powers and duties:
1. To prepare or cause to be prepared a general plan or element thereof and to recommend the proposed general plan or element to the county council;
2. To prepare or cause to be prepared amendments to the general plan or elements thereof and to recommend the amendments to the county council;
3. To review and make recommendations to the county council in regard to amendments to the zone district map;
4. To initiate, hear, review and make recommendations to the county council on applications for amendments to this title;
5. To initiate a subpoena to compel documents and testimony required in the normal processing and review of matters pertaining to the planning commission;
6. To hear, review and approve or disapprove all applications for conditional uses and long term temporary uses. To hear, review and recommend approval or disapproval of all applications for minor subdivision of property, cluster bonus/agricultural preservation subdivisions, major development review, development agreements or other procedures identified in this title, in accordance with the rules and regulations established by the county council and as stated in this title; and
7. To adopt bylaws, policies, procedures and regulations for the conduct of its meetings, the consideration of applications for development approval, and for any other purposes deemed necessary for the functioning of the planning commission; provided, however, that the bylaws, policies, procedures and regulations shall be consistent with this title and shall be approved by the county manager before taking effect.
C. Qualifications For Membership: Members of the planning commission shall be residents of the eastern Summit County planning district for one year prior to appointment and shall remain a resident of the eastern Summit County planning district throughout their term.
D. Membership; Appointment, Terms, Removal, Vacancies And Compensation:
1. The planning commission shall be composed of seven (7) members to be appointed by the county council, no more than two (2) of which may be residents of the municipalities of Henefer, Coalville, Oakley, Kamas, and Francis. Any vacancy in the membership of the planning commission shall be advertised by posting and publication in a newspaper of general circulation and applications accepted for a minimum of fourteen (14) days following such application and posting. Reappointments of existing planning commission members may be made by the county council. In making appointment to the planning commission, the county council shall assure diversity in the membership of the commission to the extent reasonably practicable by considering all relevant factors such as geographic diversity, occupational diversity, socioeconomic factors, cultural influences, and other similar criteria.
2. All members of the planning commission shall serve at the pleasure of the county council and may be removed by a majority vote of the county council.
3. Members may be compensated per diem, based upon meetings attended and reasonable and necessary expenses, as determined by the county council.
4. All members shall serve a term of three (3) years, except that in the case of the first planning commission appointed under the provisions of this section, two (2) members shall be appointed for an initial term of one year, two (2) members shall be appointed for an initial term of two (2) years, and three (3) members shall be appointed for an initial term of three (3) years. Any vacancy created during the term of a member shall be filled for only the remainder of the unexpired portion of that term. No member shall serve more than three (3) consecutive terms, including portions of unexpired terms.
5. At the first meeting held in March, after the appointment of any new members, the members of the planning commission shall elect one of its members as chair and one member as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair. The chair shall serve a term of one year. No member shall serve as chair for more than two (2) consecutive one year terms.
6. The chair, or in the chair's absence the vice chair, shall be in charge of all proceedings before the planning commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the planning commission.
7. The CDD or designated planning staff member shall maintain attendance records of members. If any member of the planning commission shall fail to attend three (3) regular meetings of the planning commission within any consecutive three (3) month period, the CDD or designated planning staff member shall immediately file a notification of such nonattendance with the county manager for placement on the agenda of the county council. The county council may, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as practical.
E. Recording Secretary: The CDD or designated planning staff member shall appoint a recording secretary to serve the planning commission. The secretary shall keep minutes of all proceedings of the planning commission, which minutes shall be a summary of all proceedings before the planning commission, attested to by a majority of the members of the planning commission voting. In addition, the recording secretary shall maintain all records of the planning commission meetings, hearings and proceedings, the correspondence of the planning commission, and a mailing list of persons registering to receive notices of meetings, agendas or minutes and who have paid an annual fee set by the county council to solely cover the copying and mailing cost for receiving all notices and agendas.
F. Planning Commission Staff: The community development department shall be the professional staff of the planning commission.
G. Quorum And Necessary Vote: No meeting of the planning commission may be called to order without a quorum consisting of at least four (4) members of the planning commission being present. No business shall be transacted without at least a majority of all members being present. All actions shall require the concurring vote of a majority of the members present, unless stricter voting procedures are established by the planning commission. The chair shall be considered for purposes of establishing a quorum and shall act as a voting member.
H. Meetings, Hearings And Procedures:
1. The planning commission shall establish a regular meeting schedule. Special meetings, work sessions and field trips for any purpose, may be held at the call of the county council, county manager, the members of the planning commission or the CDD or designated planning staff member.
2. If a matter is postponed due to lack of quorum, the matter shall be rescheduled to the next regular meeting. The CDD or designated planning staff member shall notify all members and interested parties of the date of the rescheduled matter. (Ord. 841, 7-15-2015)