There is hereby established a planning commission which shall have the powers and duties described in Section 10-9a-302, Utah Code Annotated 1953.

The planning commission shall consist of five regular members and up to five alternate members. Alternate members are assigned seniority based on the time they were first considered to be appointed. The members of the planning commission shall be residents of Naples City and shall be appointed by the mayor and approved by the city council. Planning commissioners shall be appointed by terms. Terms are four years in length and are measured starting on January 1st of the year of appointment. Typically, a planning commissioner may serve a maximum of three terms. Incumbent planning commissioners as of the date of the ordinance codified in this chapter shall be considered to have served a number of terms equal to the number of years served divided by four. Planning commissioner appointments shall be staggered in such a way that no more than four planning commissioners' terms expire at the same time.

Members of the planning commission shall be registered voters in the city of Naples.

Any member may be removed for cause by the city council. Grounds for removal shall include but not be limited to failure to regularly attend meetings, failure to attend/participate in training, conflict of interest, disruptive behavior, neglect or violation of duty, conviction of any crime deemed by the city council to affect the fitness or ability of the individual to serve, or any other cause determined by the city council to warrant removal.

Prior to removal for cause the member shall be notified of the charges or allegations and shall have an opportunity to appear before the city council and answer those charges according to procedures adopted by the city council.

Alternate members shall be appointed and shall serve in the same manner as regular members and shall be requested to attend meetings and training. In the absence of a member of the planning commission, an alternate member shall sit in place of and perform the same functions and duties as a regular member of the commission.

A quorum to conduct business or conduct a public hearing or perform any other function of the commission shall only consist of one of the following options, based on the members present in attendance:

Whenever one or two alternates are used to make a quorum, the senior-most alternate(s) shall be used.

When exactly two regular members and at least one alternate member are present at a meeting, the chairman, vice-chairman, or chairman pro tem may temporarily designate the senior-most alternate as a regular member in order to create a full quorum.

Unless otherwise specified herein, any matter shall be passed or approved upon motion made and seconded and approved by the affirmative vote of majority of members present at the meeting.

The commission may adopt rules of order for the conduct of its business and shall adopt rules of procedure for the conduct of public hearings before the commission which shall be approved and may be altered or amended by the city council.

Failure to adopt rules of order or procedure shall not be cause to avoid or nullify action of the commission.

A quorum of the commission at any such regular meeting may, by formal action, substitute another day for a regular meeting for the ensuing month.

If, for any reason, the business to be considered at a regular meeting cannot then be completed, the commission may, at such meeting, designate the time for an adjourned meeting to consider any matter that can properly be considered at a regular meeting; provided, that such action shall serve as adequate notice to members not present. It shall be the standing order that the secretary shall endeavor to advise absentee members of the determination to hold such adjourned meeting.

The chairman shall preside at all meetings. Except as otherwise authorized, the chairman shall sign all contracts, deeds, plats, and other instruments made by the commission. At each meeting the chairman shall submit such recommendations and information as may be considered proper concerning the business, affairs and policies of the commission.

In the event of lack of quorum at a regular meeting, the chairman or vice-chairman or chairman pro tem, in that order, shall adjourn the meeting to another date in the same calendar month and such declaration of adjournment shall serve as sufficient notice thereof to all members present and it shall be the duty of the secretary to employ such reasonable means as may be necessary to notify the absentees.

Special meetings may be called:

Written notice of special meetings shall be provided to members of the commission by the secretary. In the event of emergency, a telephoned notice shall suffice, provided a written waiver of other notice is signed by a majority of the entire commission present at such special meeting. Action on matters at special meetings shall be limited to subjects announced in the call for such special meetings.

Members Serve With Compensation. Members and alternates of the planning commission shall receive a per diem compensation for attendance at meetings and training sessions of $75.00 per meeting or such other amount as may be established by resolution of the city council. Members or alternates may be reimbursed for reasonable expenses incurred in the performance of their duties with the approval of the city council.

Contracts and Employment. The planning commission may appoint such employees and staff as it may deem necessary for its work and may contract with planners and other consultants for such services as it requires, provided the expenditures of the commission shall not be in excess of such sums as may be appropriated by the city council, and/or placed at the disposal of the commission through donations or otherwise.

Reports and Recommendations – Entry Upon Land. The planning commission may make reports and recommendations relating to the general plan and development of the city to city officials and agencies, and other organizations and citizens. It may recommend to the city council programs for public improvements and the financing thereof. The commission, its members and employees, in the performance of its function may enter upon any land at reasonable times to make examination and surveys and place and maintain necessary monuments and marks thereon. In general, the commission shall have such powers as may be necessary to enable it to perform its function and promote city planning.

Land Use Plan. The planning commission, through its own initiative or by order of the city council, shall make and certify to the city council a land use plan, including both the full text of the zoning ordinance and maps, and any amendments thereto, representing the commission's recommendations for zoning of Naples City. The city council may, after receiving the recommendations of the commission, adopt the recommendations of the commission, as it may determine.

General Plan.

Adoption of Master Street Plan. The planning commission shall adopt and maintain a master street plan for the city in conformance with, and as a part of, the general plan. Said master street plan shall contain the proposed location of all arterial and collector streets, and such other principal streets as the commission may deem appropriate. Upon adoption of a master street plan by the planning commission, said plan shall be submitted to and recommended to the city council for adoption as the official master street plan.

Approval and Recording of Subdivision Plats. No plan of a subdivision of land lying within the city shall be filed or recorded in the county recorder's office until it shall have been submitted to the planning commission for recommendation and then given approval by the city council, and any recording of a plat of a subdivision without such approval shall be void. In exercising the power granted to it, the planning commission shall prepare regulations governing the subdivision of land within the city. A public hearing thereon shall be held, after which the city council may adopt said regulations for the city.

Support and defend the Constitution of the United States of America and the Constitution of the State of Utah.

Concern myself with the advancement of the public's interest in all matters that come before me.

Place the competence and effectiveness of service to the public above all interests of persons, factions, or parties.

Endeavor, through diligent attendance, to represent the best interest of the community as a whole, as I have been appointed to do.

Seek to assimilate all pertinent information on matters before the planning commission prior to committing myself to an irrevocable judgment or decision.

Prepare myself for all items scheduled for presentation to the planning commission.

Strive to provide fiscally sound policies, matching expenditures to funds budgeted.

Not make available to any one citizen any services, tangible or intangible, that are not equally available under the law to any other citizen.

Abstain from participation in a decision of the planning commission and/or governing body where a possible conflict of interest may occur.

Avoid unilateral action that does not comply with existing policy of the planning commission.

Work with the professional staff of the planning commission and other persons to achieve the most desirable results with regard to the planning/zoning processes and established community development policies.

Refuse personal gifts in every instance where I have reason to believe the gift would not have been extended to me except for my official position, where I have reason to believe the giver's interests are likely to be affected by my official actions, or where the gift is or may reasonably be considered to be designed to influence my official actions.

Conduct myself, in my contacts with other persons and groups, in a manner keeping the trust and dignity reposing in my position as a servant of the community. I shall further take care to guard not only the factual principles but also the appearances of justice and integrity.