The regulations set forth in this chapter describe the planning commission and its membership, functions and responsibilities in administering and interpreting the town subdivision and master planned development code.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   There is hereby created a town planning commission to consist of five (5) members, plus the chairperson. Members shall be appointed by the mayor, with the advice and consent of the town council.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Members of the planning commission shall serve terms of five (5) years. A member shall be appointed every year in December of the year of the expiration. The terms shall be staggered so that two (2) members shall be appointed together in the fifth year. Terms may expire on the last day of the year, but members on the planning commission shall continue to serve until their successors are appointed and qualified. The mayor shall appoint a new planning commission member to fill vacancies that might arise, and such appointments shall be to the end of the vacating member's term. Members of the planning commission shall be residents of the town, and shall have resided in the town for at least ninety (90) days prior to being appointed. Members are deemed to have resigned when they move their residences outside the town limits.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Any planning commission member who is absent from two (2) consecutive regularly scheduled meetings, or a total of four (4) regularly scheduled meetings per calendar year, may be called before the town council and asked to resign or be removed for cause by the town council.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Appointments to the planning commission shall be made on a basis which fairly represents the interests of all residents of the community of the town.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The planning commission shall have all necessary powers conferred on planning commissions pursuant to Utah Code Annotated title 10, chapter 9a, as amended, and such other powers as are conferred on it by the town council.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The planning commission shall, on or before the last Wednesday in January each year, elect a chairperson, who shall serve a term of one year, but may be reelected for any succeeding consecutive terms. A person may not serve more than four (4) consecutive terms as chairperson of the planning commission. The chairperson will direct all planning commission meetings and may participate in any discussions, but shall have no vote.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   In order to assist the planning commission in carrying out its duties, the planning commission may request the assistance of other employees, committees or agents of the town. The town staff or consultants shall assist the planning commission with technical matters and will attend planning commission meetings as well as assist and advise the planning commission when necessary. The planning commission may appoint a secretary to keep minutes and post agendas of meetings and/or hearings. The secretary may be paid for services rendered, as agreed upon by the town council.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The planning commission is intended to act as a nonpolitical, long range planning body for the town. Review of specific projects shall be limited to those matters specifically requiring their consideration, and to the monitoring and reviewing of the decisions of the town staff and/or departments, constantly making sure that all development decisions in the town conform to the general plan of the town as adopted and/or revised by the planning commission and town council. The planning commission shall review those matters designated in this subdivision and master planned development code and interpret and enforce this title to the best of their ability. The planning commission may also have joint meetings with the town council to advise or be advised on development matters as they may arise from time to time.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The planning commission shall establish procedures for its own meetings and hearings governing presentations of projects and public responses, and public impact or comment on specific projects or general issues. Planning commission meetings are open to the public and will conform to the state open meetings act. Notice will be provided for as per section 9-1-6 of this title for hearings and an annual meeting schedule will be posted and published at least once a year in a newspaper of general circulation in the town.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The planning commission shall keep official minutes of its meetings, which shall be permanently stored with the town recorder and available for public inspection.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   All decisions of the planning commission shall be included in the minutes. Where written findings are required, the findings may be prepared separately, but shall be incorporated into the minutes.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The planning commission shall not conduct any business at a meeting unless a quorum is present. A quorum shall consist of a majority of the appointed members of the planning commission, excluding the chairperson for computation purposes.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Actions of the planning commission pass by majority vote. A majority is a simple majority of those members present at the meeting and entitled to vote on the matter under consideration. The chairperson shall not vote. The commissioner elected vice chair shall, at all times, be entitled to cast his or her vote as a member of the commission, including those occasions on which he or she is acting as chairperson. Voting to remove an item of business from the consent agenda for ratification of departmental actions shall require an affirmative vote of four (4) of the members present to pass. Other votes shall be a simple majority.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   General planning and review of specific development projects by the planning commission shall be divided into the following functions:

      Town comprehensive planning and zoning review;

      Subdivision approval;

      Master planned development approval;

      Plat approval;

      Termination of inactive applications; and

      Sensitive lands review.

      The scope of review for each of these functions is as follows.

   A.   Town Comprehensive Planning And Zoning Review: The planning commission shall have the primary responsibility to initiate long range master planning for the town, including planning for adequate streets, parks, trails and recreation facilities, long range zoning objectives, and periodic review of existing plans to amend them or keep them current. The planning commission shall review proposed annexation to the town and recommend action and zoning on land to be annexed. The planning commission shall initiate or recommend zone changes and review the development standards within zones. The planning commission shall hear all requests for zone changes.

   B.   Subdivision Approval: The planning commission shall review all applications for subdivisions under the provisions of any applicable town subdivision codes and regulations, and this title, namely chapter 8 of this title.

   C.   Master Planned Development Approval:

      1.   Application; Considerations: All proposals for master planned development approval shall be reviewed by the planning commission. An application must be filed with the planning commission in a form as described in chapter 9 of this title. In reviewing requests for small and large scale master planned development approval, the planning commission shall consider the overall planning for the proposed project, including:

         a.   Site planning for the project;

         b.   Traffic circulation within the project and on the adjoining streets, both existing and proposed;

         c.   Land uses within the proposed project area, including the mixture of commercial and residential;

         d.   Density of development;

         e.   Identification of development parcels within the larger tract, and the order in which development is proposed or should be permitted to allow for the orderly and economic expansion of town services and infrastructure;

         f.   Compatibility with surrounding land uses;

         g.   Other pertinent planning and land use issues that are affected by the project, such as the effects on schools, fire protection, water, sewer and utility services, drainage, and similar on and off site issues; and geologic or other natural hazards;

         h.   Compatibility with the general plan adopted by the town;

         i.   Utility capacity;

         j.   Emergency vehicle access;

         k.   Location and amount of off street parking;

         l.   Internal circulation system;

         m.   Fencing, screening and landscaping to separate the use from adjoining uses;

         n.   Building mass, bulk and orientation, and the location of buildings on the site;

         o.   Usable open space and open space conservation alternatives;

         p.   Signage and lighting;

         q.   Physical design and compatibility with surrounding structures in mass, scale, style, design and architectural detailing, and general architectural theme;

         r.   Noise, vibration, odors, steam, smoke or other mechanical factors that affect people and property off site;

         s.   Control of delivery and service vehicles, loading and unloading zones, and screening of trash or recycling pick up or storage areas;

         t.   Expected ownership and management of the project as primary residences, condominiums, time interval ownership, nightly rental or commercial tenancies;

         u.   Sensitive lands issues and delineation (if needed) and mitigation measures if necessary or applicable;

         v.   Right to farm issues and impacts as per section 9-3-33 of this title;

         w.   Impact analysis and market analysis;

         x.   Any other criteria or issues that the planning commission considers pertinent in dealing with the project.

      2.   Nature Of Approval: Upon review and consideration of the proposal, the planning commission may approve, disapprove or modify and approve the request for master planned development approval. The approval process shall establish the following items:

         a.   Designation of land uses within the project area;

         b.   Designation of identifiable development parcels within the total project area. These development parcels are not required to be divided or platted as subdivision lots, but may be designated on maps as a part of the approval with a final legal description of the parcels to be required at the time each is developed or sold, leased or otherwise transferred or separated from the whole tract;

         c.   Designation of the land use or mixture of uses for each development parcel;

         d.   Designation of density ranges in unit equivalents for each development parcel identified;

         e.   Designation of the order of development, including concurrency plans and issues to ensure economical and efficient expansion of town services and infrastructure;

         f.   Designation of specific conditions to the development of any parcels which are by their nature more subject to development constraints than the typical parcel in the proposed development;

         g.   Designation of density transfers from one parcel to another, if any;

         h.   Whether or not there will be commercial uses on all or some of the development parcels identified, and if so, the specific parcels that will include commercial uses;

         i.   The general architectural or design theme and character of the overall development;

         j.   Adequate protection of right to farm in adjacent agricultural areas;

         k.   Sensitive lands protection and/or mitigation measures;

         l.   Any other measures established that the planning commission considers pertinent in approval of the project.

      3.   Length Of Approval: The master planned development approval granted by the planning commission shall be effective so long as construction is proceeding in accordance with the approved phasing plan. Approval will lapse after two (2) years of inaction, unless extended for up to two (2) years by the planning commission. Zone changes occurring while the approval is in effect shall not affect the approval. Changes in the master plan requested by the developer will be reviewed and approved as a revision to the master plan by the planning commission. A "change" will be defined as any change in concept, unit type, configuration or number. At that time, the planning commission shall review the entire MPD, even if only one parcel or phase is involved in the modification under the regulations in effect at the time of review. Modification shall act as an extension of the approval.

      4.   Record Of Approval: When a master planned development approval is granted, the approval shall be noted in a recordable document stating the legal description of the property involved, and at least the general nature of the approval. The notice shall direct interested persons to the town to review the actual master plan. The purpose of the recording is to put prospective purchasers on notice that the land has been included within a master plan that has established density ranges and land uses that might be more or less restrictive to individual parcels than the underlying zoning regulations might imply.

      5.   Development On Planned Parcels: Development proposals for each approved development parcel within the master plan development approval is reviewed by the planning commission, regardless of the size or nature of the development.

   D.   Ratification Of Departmental Actions: The planning commission shall review all actions of the community development department and/or director. All items on the consent agenda shall be passed or denied by a single motion at the planning commission meeting, unless a motion to remove a specific item is made. Motions to remove specific items from the consent agenda shall state the reasons for the removal, referring to specific planning issues or title sections which the commissioner making the motion does not think have been satisfactorily resolved or complied with. Motions to remove items from the consent agenda shall be passed by a majority vote of the planning commission members present and voting on the issue. When an item is removed from the consent agenda, it shall not be acted on at the same meeting at which the removal occurs. The following items may be placed on the consent agenda as the chairperson may direct:

      1.   Development on approved minor master planned developments;

      2.   Final plat approvals for either of the above, or plat approvals for condominiums or other projects, and subdivisions;

      3.   Requests for extensions of conditional use approvals, minor master planned development approvals or master planned development approvals;

      4.   Other items of a performance or ratification nature which the chairperson directs the department or director to place on the consent agenda for action.

   E.   Review Of Staff Actions: At any time the "developer" or any nonowner, as defined in this title, may request that staff actions on a project be reviewed by the planning commission. The scope of review by the planning commission shall be the same as the scope of review at the staff level on the matters at issue.

   F.   Plat Approval: The planning commission shall review all plats to be recorded affecting land within the town limits or annexations to the town. The scope of review on plat approval is limited to finding substantial compliance with the provisions of the state statute on recording of plats, and that all previously imposed conditions of approval, whether imposed by the staff or the planning commission, have been satisfied. The plat must also comply with all the regulations and procedures contained in this title. Upon finding that the plat is in compliance with the state statute and this title, and that conditions of approval have been satisfied, the plat must be approved. No new conditions may be imposed at the plat approval stage. The town engineer, town attorney, town recorder, town council and mayor shall all review the plat as required by statute before recording. Plats may be approved on the consent agenda.

   G.   Inactive Projects: See section 9-1-17, "Termination Of Projects", of this title.

   H.   Sensitive Lands Review: Any project falling within the sensitive lands overlay zone or containing designated sensitive lands, may be subject to additional requirements and regulations as outlined in the sensitive lands regulations contained in chapter 10 of this title.

   I.   Right To Farm Review: Any project falling within the purview or scope of section 9-3-33 of this title, shall be subject to additional requirements and regulations as outlined in the right to farm provision of that section of this title.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)