The purpose of this chapter is to set forth the authority of decision-making bodies and officials responsible for administering the provisions of this title.

(Code 2023, § 10-4-1; Ord. No. 2018-20, 5-9-2018)

The authority of decision-making bodies and officials set forth in this chapter shall apply to the entirety of this title, subject to its various provisions.

(Code 2023, § 10-4-2; Ord. No. 2018-20, 5-9-2018)

Certain words and phrases in this chapter are defined in HCC chapter 10-3.

(Code 2023, § 10-4-3; Ord. No. 2018-20, 5-9-2018)

1. Powers not enumerated in this title. See city council powers and duties set forth in HCC chapter 1-6.
2. Powers and duties related to this title. In addition to the powers and duties of the city council set forth in subsection (A) of this section, in administering this title the city council shall have the powers and duties set forth in this subsection. Each of such powers and duties shall be exercised pursuant to applicable provisions of this title.
   1. Adopt, modify, or reject a proposed general plan or any amendment thereto for all or part of the city and its surroundings;
   2. Adopt, modify, or reject proposed amendments to the text of this title and to the zoning map; and
   3. Establish a fee schedule for land use applications required by provisions of this title.

(Code 2023, § 10-4-4; Ord. No. 2018-20, 5-9-2018)

1. Established. A planning commission is hereby established to exercise the powers and duties specified in this title.
2. Appointment and term of office. The planning commission shall consist of seven persons who shall be appointed by the city council.
   1. It is the intent of the city council that the planning commission will represent diverse citizen groups, as well as the broad interests of the city as a whole; that membership should include balanced representation in geographic, professional, neighborhood and community interest; and that a wide range of expertise relating to development of a healthy and well planned community should be sought when appointing commission members. Interests from which expertise might be selected include banking, development, contracting, engineering, geology and seismology, law, ecology, behavioral sciences, historic preservation, architecture, and landscape architecture. It is not, however, intended that planning commission members be limited to professionals, but rather, that members represent a cross section of the community.
   2. Planning commission members shall be bona fide city residents and qualified electors of the city.
   3. Each planning commission member shall be appointed for a term of three years which shall begin upon appointment.
   4. Planning commission members may be reappointed for successive terms.
   5. The city council may remove any member of the planning commission whenever it appears that such removal would be in the best interests of the city, as determined by the city council.
   6. Any vacancy occurring on the planning commission by reason of death, resignation, or removal shall be promptly filled by the city council, for the unexpired term of such member.
   7. Any vacancy occurring on the planning commission by reason of expiration of term shall be promptly filled by the city council.
   8. The city council, may appoint three alternate planning commission members who shall serve terms of one year. The reappointment, removal, and vacancy of alternate planning commission members shall be the same as for regular planning commission members. Alternate members of the planning commission may serve on the planning commission in the absence of a planning commission member.
   9. Members and alternate members of the planning commission shall be deemed volunteers for purposes of city ordinances, rules, regulations, and policies concerning personnel; provided, however, they shall be included in the definition of the term "employee" for purposes of the Governmental Immunity Act of Utah, U.C.A. 1953, § 63G-7-101 et seq.
   10. Planning commission and alternate members may be compensated for performing their duties as may be approved by the city council.
3. Powers and duties. The planning commission shall have the following powers and duties which shall be exercised pursuant to the provisions of this title:
   1. Prepare and recommend a general plan and general plan amendments to the city council as provided in HCC 10-5-7;
   2. Recommend land use regulations to the city council as provided in HCC 10-5-8;
   3. Act as a land use authority as provided in this title; and
   4. Advise the city council on matters requested by the council, including, but not limited to, programs for public improvements and the financing thereof.
4. Organization and procedure. The planning commission shall be organized and exercise its powers and duties as follows:
   1. The planning commission shall select one member as chair to oversee the proceedings and activities of the planning commission and one member as vice-chair to act in the absence of the chair. The chair and vice-chair shall serve for a term of one year and may be reelected for successive terms.
   2. The planning commission shall adopt policies and procedures, consistent with the provisions of this title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purpose considered necessary for the functioning of the planning commission. Such policies and procedures shall be approved by the city council before taking effect.
   3. The planning commission shall hold regular meetings and any necessary public hearings each month as specified in HCC title 2, in the Herriman Community Center Building located at 5355 West Herriman Main Street, Herriman, UT, unless otherwise changed by the planning commission as the need may arise and permitted by law.
      1. All planning commission meetings and public hearings shall be held after regular working hours of the city.
      2. Such meetings and public hearings shall be noticed and held in accordance with the Open and Public Meetings Act, U.C.A. 1953, § 52-4-1 et seq., and HCC 10-5-5.
   4. No official business shall be conducted by the planning commission unless a quorum of its members is present.
      1. Four members of the planning commission shall constitute a quorum.
      2. The minimum number of yes votes required for the planning commission to take any action shall be the majority of members present, unless otherwise prescribed by law.
   5. The planning commission shall transmit reports of its official acts to the city council.
   6. Written minutes and a recording of planning commission meetings which are required by the Utah Open and Public Meetings Act, U.C.A. 1953, § 52-4-1 et seq., shall be filed in the office of the city recorder. Such records shall be available for public review and access in accordance with the Government Records Access and Management Act, U.C.A. 1953, § 63G-2-101 et seq.
   7. The city and its authorized agents may enter upon any land at reasonable times to make examinations and surveys pertinent to the:
      1. Preparation of the general plan; or
      2. Preparation or enforcement of the provisions of this title.

(Code 2023, § 10-4-5; Ord. No. 2018-20, 5-9-2018; Ord. No. 2022-45, 12-14-2022)

1. Established. Pursuant to the terms of the Municipal Land Use, Development, and Management Act, U.C.A. 1953, § 10-9a-701 et seq., an appeal authority is hereby established.
2. Appointment and term of office. The appeal authority shall consist of one person who shall be appointed by the city council.
   1. The person serving as the appeal authority shall be appointed for a term determined by the city council which shall begin upon appointment.
   2. Such person may be reappointed for successive terms.
   3. Any vacancy occurring on the appeal authority shall be promptly filled by the city council.
   4. A person serving as the appeal authority shall be deemed a volunteer for purposes of city ordinances, rules, regulations, and policies concerning personnel; provided, however, such person shall be included in the definition of the term "employee" for purposes of the Governmental Immunity Act of Utah, U.C.A. 1953, § 63G-7-101 et seq.
3. Organization and procedure. The appeal authority shall be organized and exercise its powers and duties as follows:
   1. The appeal authority shall adopt policies and procedures, consistent with the provisions of this title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the authority.
   2. Public hearings and meetings of the appeal authority shall be held at the call of the authority in the Herriman Community Center Building located at 5355 West Herriman Main Street, Herriman, UT, unless otherwise changed by the authority as the need may arise and permitted by law.
      1. Public hearings and meetings shall be noticed and held in accordance with the Open and Public Meetings Act, U.C.A. 1953, § 52-4-1 et seq., and HCC 10-5-5.
      2. At the meeting of any matter before the appeal authority, the parties affected may appear in person with or without an attorney.
      3. The appeal authority shall administer oaths, provide an opportunity for cross examination, and direct the proceedings of the authority in a quasi-judicial manner so that the due process rights of each participant are respected.
      4. The appeal authority shall not have ex parte contacts.
   3. The appeal authority shall transmit reports of its official acts to the city council, planning commission, and community development director.
   4. Written minutes and a recording of appeal authority meetings which are required by the Utah Open and Public Meetings Act, U.C.A. 1953, § 52-4-1 et seq., shall be filed in the office of the city recorder. Such records shall be available for public review and access in accordance with the Government Records and Access Management Act, U.C.A. 1953, § 63G-2-101 et seq.

(Code 2023, § 10-4-6; Ord. No. 2018-20, 5-9-2018)

1. Appointment. The community development director, or a person designated by the director, is responsible for administering and enforcing the provisions of this title.
2. Interpretation. Upon request, the community development director shall make a written interpretation of the text of this title pursuant to HCC 10-5-23.
3. Administrative duties. The community development director shall accomplish or cause to be accomplished all administrative actions required by this title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing of appeals.
4. Appeal. Any person adversely affected by a final decision of the community development director made in the exercise of the provisions of this title may appeal that decision to the appeal authority as provided in HCC 10-5-24.

(Code 2023, § 10-4-7; Ord. No. 2018-20, 5-9-2018)

1. Referral to staff. The planning commission may direct that any matter over which it has jurisdiction be referred to the staff of the planning commission for review and preparation of recommendations. Such action shall be taken either by motion of the planning commission or pursuant to duly adopted policies and procedures of the planning commission. The authority for such referrals may be revoked at any time by motion of the planning commission or amendment of its policies and procedures as the case may be.
2. Appointment of hearing officer. In the event a matter is referred to the planning commission staff which requires a public hearing, the city manager shall appoint a hearing officer to conduct the hearing in accordance with applicable requirements of this title.
3. Review and recommendation. If a matter is referred to the planning commission staff as permitted by this section, the staff shall conform to any instructions or limitations contained in the referral, and subject thereto shall review the referred matter, conduct any necessary hearings, and prepare written recommendations for the planning commission.
4. Decision. Unless the planning commission shall otherwise direct, any person who has applied for authorization to develop property under the terms of this title may in writing consent to the staff recommendation and waive further action by the planning commission. If the applicant waives further action by the planning commission, the staff recommendation shall be deemed approved by the planning commission. Thereafter, necessary permits may be issued subject to the terms of this title and any applicable conditions of approval.
5. Limitation. This section shall not apply to any action where the planning commission is required by law to take direct action.

(Code 2023, § 10-4-8; Ord. No. 2018-20, 5-9-2018)