The purpose of this chapter 10.12 is to define the delegation of authority and responsibilities for review of development applications.

(Ord. No. 711, § 1, 2-17-2022)

Table 10.16-1, Review Process Chart, chapter 10.16, summarizes the development application procedures in the Development Code and identifies the bodies that have review and decision-making authority for each procedure. Approvals may be granted by the designated reviewing authority provided all applicable requirements of the Development Code have been met.

(Ord. No. 711, § 1, 2-17-2022)

In addition to other authority granted by charter, ordinance or state law, the Council shall have the following functions and duties related to the Development Code:

(1)

Application review and decision-making authority as defined in Table 10.16-1, Review Process Chart;

(2)

Negotiation and approval of development, public improvement, subdivision and similar agreements; and

(3)

The authority to render a final decision which may be subject to any legal challenge, whether directly or by an appeal of a decision by the manager, planning commission, historic commission or other commission, committee or agency on all land use and development application decisions pursuant to this Development Code.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Establishment and purpose. There is hereby established the Hayden Planning Commission ("planning commission"). The purposes of the planning commission are as follows:

(1)

To implement the goals and policies of the master plan; and

(2)

To implement the purposes set out in the Development Code.

(b)

Duties. The planning commission shall have the following functions and duties:

(1)

Review development applications, amendments to the master plan and amendments to this Development Code, provide recommendations to the Council and render decisions as such authority is indicated in this chapter 10.12;

(2)

Upon request and direction by the Council, make and recommend plans for the physical development of the town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof;

(3)

Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the town, and provide comments and recommendations thereon to the Council; and

(4)

Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the town, code text amendments that address design review procedures and criteria and any design review guidelines for the town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items.

(c)

Membership and qualifications. The planning commission shall be composed of five members and two alternate members who shall be registered electors of and reside in Hayden, who shall be appointed by Council, and who shall hold no other municipal office of the Town of Hayden, except that one such member (and not more than one) may be a member of the board of adjustment.

(d)

Term. The term of each appointed member shall be six years or until their successor takes office.

(e)

Quorum. Three members or alternate members of the planning commission shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. The alternate members will be allowed to sit with the planning commission and participate in the discussion at all times. If any regular members are absent, the chairperson shall identify which alternate member or members, Alternate 1 or Alternate 2 if they are present, that shall be allowed to vote as a regular member or members.

(f)

Vacancies. A vacancy on the planning commission shall occur whenever a member of the planning commission is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of 90 days, resigns, ceases to be a qualified member or is convicted of a felony. In the event a vacancy occurs, a new member shall be appointed in accordance with section 10.12.040(c) and such appointed member shall serve the remaining term of the position.

(g)

Removal from office. A member of the planning commission may be removed for inefficiency, neglect of duty, malfeasance in office, misconduct, conduct unbecoming of a town official, violation of the town's code of ethics, or more than two unexcused absences within a 12-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the planning commission member stating the grounds for removal at least three days prior to the hearing.

(h)

Officers. The commission shall appoint its own chairperson from among the members and shall create and fill such other of its offices as it may determine. The chairperson shall be the presiding officer of its meeting. The term of the chairperson shall be one year, with eligibility for re-appointment by the planning commission. In the absence of the chairperson, the members present shall appoint a member to serve as acting chair at the meeting if the office of vice chairperson is not created and filled or the vice chairperson is also absent.

(i)

Compensation. Members of the planning commission shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a planning commission member.

(j)

Staff. The manager shall serve as the staff of the planning commission and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the planning commission to receive applications and other material for consideration for the planning commission.

(k)

Rules and regulations. The planning commission shall operate in accordance with its own rules of procedure as provided for in section 11-2 of the Town Charter. The rules shall be filed with the town clerk and maintained in the records of the town and shall be subject to public inspection. The planning commission may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations.

(l)

Records. The planning commission shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

(m)

Meetings. The planning commission shall meet in accordance with the rules of procedure governing the planning commission and otherwise upon the call of the chairperson. All meetings shall be held at the offices of the town, unless otherwise specified, with adequate notice given to all interested parties.

(n)

Agenda. The planning commission may schedule the review of a development application on the next available agenda when the next meeting agenda is full and will likely result in an overly long meeting.

(o)

Authority to retain consultants. The planning commission is authorized to retain the services of one or more consultants, provided that funds have been appropriated by the town for said purpose or paid as part of the application fee by the applicant, to advise and assist the planning commission in performing the functions prescribed in this section. The consultants may be retained to advise the planning commission on a single project, on a number of projects or on a continuing basis.

(Ord. No. 711, § 1, 2-17-2022)

The manager is authorized and directed to do the following:

(1)

Review applications, provide recommendations and render administrative decisions as indicated in this title 10;

(2)

Establish application submittal requirements, including content and quantities of materials to be submitted;

(3)

Render interpretations of the Development Code;

(4)

Enforce all provisions of the Development Code, for which purpose the manager shall have the powers of a law enforcement officer; and

(5)

Delegate any duty set forth in this Development Code to another town official when determined appropriate and efficient by the manager.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Purpose. The board of adjustment shall hear and decide requests for a variance from the requirements of this Development Code. The board of adjustments shall also perform such other duties as may be set forth in this Development Code.

(b)

Membership.

(1)

The membership of the board of adjustment must consist of five residents of the municipality, appointed by the Council. Their terms of office are three years, and must be fixed so that the terms of office expire in different years. Appointments to fill vacancies are to be made only for the unexpired portion of the term. The Council may remove any member of the board of adjustment for cause upon written charges and after a public hearing.

(2)

The board of adjustment shall elect from its own membership a chairperson and vice-chairperson, who shall serve annual terms and who may succeed themselves. For the conduct of any hearing or the taking of any action, a quorum of three members is required. An affirmative majority vote shall be necessary to authorize any action of the board of adjustment.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Establishment. There is hereby established the historic commission ("historic commission") of the town. The town's planning commission shall serve as the historic commission.

(b)

Intent. It is hereby declared to be a matter of public policy that the protection, enhancement, perpetuation and use of structures, land and districts of historical, architectural or geographic significance, located within the town, is in the public interest.

(c)

Purpose. The purposes of the historic commission are as follows:

(1)

Promote the health, safety and welfare of the residents of the town through the regulation of historic and/or cultural sites and structures;

(2)

Foster civic pride in the beauty and accomplishments of the past;

(3)

Protect and enhance the attraction to tourists and visitors and increase the quality of life of the residents;

(4)

Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town;

(5)

Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects;

(6)

Integrate historic and/or cultural preservation with the master plan;

(7)

Maintain the town's unique character by recognizing the importance of preservation and renewing the town's legacy for present and future generations;

(8)

Discourage the unnecessary demolition of historic and/or cultural resources;

(9)

Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse;

(10)

Encourage the conservation of historic settings and landscapes; and

(11)

Promote retention of historical integrity in the context of proposed land use.

(d)

Powers and duties. The historic commission shall have the following powers and duties:

(1)

The historic commission shall review from time-to-time the criteria for designation of historic sites as set forth in this Development Code, and shall make recommendations to the Council for amendments.

(2)

The historic commission shall prepare application forms, shall review applications for designation of historic sites pursuant to this Development Code, shall review alterations of historic sites and shall make recommendations to the council concerning the designation and revocation of historic sites.

(Ord. No. 711, § 1, 2-17-2022)

The Council may request review and input of applications from other Councils, commissions, departments, other governmental agencies and nongovernment agencies, as determined appropriate considering the nature of the application.

(Ord. No. 711, § 1, 2-17-2022)