1. Membership: There is hereby created a planning commission of five (5) members, and one alternate. The Mayor, with advice and consent of the City Council, shall appoint all members and alternates to the Planning Commission. Members of the city council may not be appointed to the planning commission.
2. Compensation: Members of the planning commission shall be compensated as determined by resolution of the city council.
   

The terms of the planning commission shall be staggered. Each member of the planning commission shall serve for a term of five (5) years and until his successor is appointed; provided, that the term of the first members shall be such that the terms of one member shall expire each year. Terms of members of the planning commission shall begin on or before the first Monday in February of each year. The city council may remove any member of the planning commission for cause and after a public hearing, if one is required. Vacancies shall be promptly filled in the same manner as the original appointment for the remainder of the unexpired term. The term of the alternate shall be the same as terms for regular members of the Planning Commission, which may result in the replacement of both a regular member and an alternate in certain years.

1. Chairperson: The Mayor shall annually appoint a chairperson and such other officers as deemed necessary with the advice and consent of the City Council.
2. Adoption Of Rules: The members of the planning commission shall adopt rules and regulations for their organization and for the transaction of business and the conduct of their proceedings.
3. Reports To City Council: The Planning Commission chair shall, at the request of the Mayor or City Council, give a report to the City Council on a regular basis about the Planning Commission's ongoing projects and goals. This report shall be in person and agendized on the City Council agenda. If the Planning Commission Chair is not able to attend the appointed meeting, the chairperson may assign another member of the Planning Commission or staff to report, or the chairperson may submit a written report. Reports of official acts and recommendations of the planning commission shall be public and made by the chairperson in writing to the city council and shall indicate how each member of the planning commission voted with respect to such act or recommendation. Any member of the planning commission may also make a concurring or dissenting report or recommendation to the city council. The Planning Commission chair may designate staff to make such reports, written or oral, to the Nibley City Council.
4. Meetings: The planning commission shall meet at least once each month and at such other times as the planning commission may determine.
5. Quorum: Three (3) members of the planning commission shall constitute a quorum. Alternate members shall count towards the number for a quorum.
6. Alternate: The Alternate member of the Planning Commission is encouraged to attend all Planning Commission meetings. Alternate members are encouraged to participate in the discussion of all meetings for which they are present, but shall only vote in the absence of a regular Commissioner.
   

In accordance with provisions of the Utah land use development and management act, Utah Code § 10-9a-302, the following are the powers and duties of the Nibley City planning commission:

1. The planning commission shall be the land use authority that:
   1. Recommends a general plan and amendments to the city council;
   2. Recommends to the city council, zoning ordinances and maps, and amendments to zoning ordinances and maps;
   3. Administers provisions of the zoning ordinance;
   4. Recommends subdivision regulations and amendments thereto to the city council;
   5. Recommends approval or denial of subdivision applications to the city council;
   6. Assists with the creation of an appeal authority for the city of Nibley;
   7. Conducts such public hearings as are required by law or as deemed necessary;
   8. Hears and decides any matters that the city council designates, including the approval or denial of conditional use permits and review of nonconforming uses and structures; and
   9. Advises on matters as the city council directs and hears, or decides any matters as authorized by state law.
2. The planning commission may designate by resolution, that Nibley City staff be the land use authority on the following land use applications:
   1. Conditional use permits for home occupations;
   2. Accessory building zoning clearance permits; and
   3. All other routine land use requests.
      
      Should staff or any other land use authority so designated determine that an issue needs review and approval of the planning commission, they may refer the matter back to the commission for further investigation prior to approval or denial.
3. The planning commission shall also protect the right of each:
   1. Applicant and third party to require formal consideration of any application by a land use authority;
   2. Applicant, adversely affected party, or municipal officer or employee to appeal a land use authority's decision to a separate appeal authority; and
   3. Participant to be heard in each public hearing on a contested application.

The Nibley City community development agency is hereby created.

Pursuant to the provisions of Utah Code 17C-1, the municipal council of Nibley City hereby establishes and designates a community development agency for the purpose of implementing the Utah neighborhood redevelopment agencies act, as amended hereafter.

The municipal council of Nibley City shall constitute the community development agency for and on behalf of Nibley City.

1. The said agency shall have the power to contract in the name of the redevelopment agency and to have all powers necessary to transact business and exercise all powers provided for in the Utah neighborhood redevelopment agencies act, or as amended by the state legislature hereafter.
   
2. The agency shall have the right and power to accept financial and other assistance from any public or private source for the agency's activities and to extend any funds so received for any purposes authorized under the state act.
   
3. The agency may borrow or accept financial or other assistance from the state or federal government for any redevelopment project within scope of the said act and may comply with any conditions of said loan or grant.
   
4. The agency shall be authorized to cooperate with similar agencies of other communities for joint planning and joint development of any particular project enacted pursuant hereto.
   
5. The agency is authorized to employ such help as is necessary to meet the requirements of the Utah neighborhood redevelopment agencies act and provide from the funds available to the agency for payment and compensation of such employees in developing particular plans pursuant to the act.
   
6. The agency is authorized to hold public hearings pursuant to particular projects' area development plans and to do all other acts considered necessary and proper pursuant to the state law.
   
7. The municipal council of Nibley City shall likewise have the power to modify, amend or make such other changes as are necessary to comply with and meet the needs of the agency.

OTHER WOODY VEGETATION: Other shrubs and woody vegetation within the city rights of way.

1. There is hereby created and established a city tree board for the city of Nibley, Utah, which shall consist of the following:
   
   1. One member of the Nibley City council.
   2. One member of the Nibley City planning commission.
   3. One citizen trained in the field of forestry, landscaping or horticulture.
   4. Two (2) at large citizens.
   5. The city planner and the city parks superintendent shall serve as nonvoting ex officio members.
   6. All appointments to the Nibley City tree board shall be by the mayor, with the advice and consent of the city council.

The term of the five (5) persons to be appointed by the mayor shall be four (4) years. However, the initial terms shall be two (2) years for two (2) of the initial members and four (4) years for the remaining three (3) members. Thereafter, as vacancies occur in the board, for whatever cause, they shall be filled by appointment by the mayor and approval of the city council. The successor appointees shall hold office until the expiration of the term which they were appointed to fill. All members of the tree board whose terms may expire shall serve until their successors in office have been appointed and confirmed.

Members of the tree board shall serve without compensation.

1. Organize an annual Arbor Day event, including developing educational materials, organize training for the public, city employees and volunteers.
   
2. Study, investigate, counsel, and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.
   
   1. This plan will be presented annually to the city council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.
3. Upon request of the mayor and city council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.

The tree board shall choose its own officers, adopt such bylaws and regulations which are necessary for its operation, keep official minutes of its proceedings and file them with the city clerk. A majority of the members shall be a quorum for the transaction of business.

The city tree board shall recommend to the city council a list of trees to be considered Nibley heritage trees and a process by which property owners have a tree so designated.

The tree board shall maintain a list of recommended trees and wood vegetation to be planted on public property within the city.

1. No street trees other than those species specified by the tree board may be planted under or within ten (10) lateral feet of any overhead utility wire.
   
2. Prior to planting of any tree, Blue Stakes must be contacted to identify any underground utilities.

1. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
   
2. The city tree board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of city trees by adjacent property owners providing that the selection and location of said trees is in accordance with the relevant provisions of this chapter.

It shall be unlawful as a normal practice for any person, firm, or city department to top (see definitions) any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the city tree board. 

Every owner of any tree overhanging any street or right of way within the city shall prune the branches so that such branches shall not obstruct the light from any streetlamp or obstruct the view of any street intersection and so that there shall be a clear space of fourteen feet (14') above the surface of a roadway or of at least eight feet (8') above the surface of a sidewalk. Said owners shall remove all dead, diseased or dangerous trees, broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on public property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign, or the entry onto, or exit from any street. Pruning and care done in accordance with American National Standards Institute guidelines.

The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city tree board will notify the owners of such trees in writing prior to removal of said tree. Removal shall be accomplished by said owners at their own expense within thirty (30) days of the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal to the owner pursuant to the nuisance provisions of this code.

 All stumps of street and park trees shall be removed below the surface of the ground when the tree is removed so that the top of the stump shall not project above the surface of the ground.

It shall be unlawful for any person to prevent, delay or interfere with the city tree board, or any of its agents, including any city employee operating at the request or direction of the tree board, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.

It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the city without first being duly licensed and applying for and procuring a city permit. The permit fee shall be listed on the current approved Consolidated Fee Schedule, provided, however, that no permit shall be required of any city employee doing such work in the pursuit of their public service endeavors. Before any permit shall be issued, each applicant shall first file with the city clerk evidence of possession of liability insurance in the minimum amounts of fifty thousand dollars ($50,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

The city council shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from any decision of the city tree board to the city council, who may hear the matter and make a final decision.

Any person accused of violating the provisions may be cited and charged with a misdemeanor in district court or any other court exercising concurrent jurisdiction. A person violating any provision of this chapter shall be, upon conviction or plea of guilty, subject to a fine of the amount listed on the current approved fees schedule.

The Nibley City council believes that a community of neat, well kept homes, businesses and properties enhances the quality of life and the property values of all citizens. It further believes that education and positive encouragement are the best methods to maintain a pleasant ambience in the city. Therefore, the Nibley City beautification committee is hereby established.

1. To advise the city council on the methods and means of enhancing the beauty of the city.
   
2. To assist the city council in public relations concerning city beautification matters.
   
3. To make recommendations to the city council for programs such as citywide cleanup days, cleanup projects by groups or individuals and home beautification projects and award or recognition programs for home and business owners.
   
4. To encourage residents, businesses, and property owners to participate in spring cleanup and fall cleanup activities.
   
5. To recognize those residents and/or businesses that have made a significant contribution to the beautification of the neighborhood or surrounding area. Such recognition may include the payment of a financial award, if appropriation therefor is made by the city council.
   
6. To solicit gifts or bequests from any person or source, on behalf of the city, for the development or improvement of civic pride or for beautification projects. Such gifts or bequests shall be received by the city treasurer and shall be put in a special fund for the purpose for which the money was received.
   
7. To recommend changes in city ordinances, policies, and practices to encourage and enhance the beautification of the city.
   
8. To prepare and present periodic reports to the city council on the progress and status of the committee.

The membership of the Nibley City beautification committee shall be as follows:

1. One member of the Nibley City council.
   
2. One member of the Nibley City planning commission.
   
3. One citizen trained in the field of landscaping or horticulture or similar discipline.
   
4. Two (2) at large citizens.
   
5. The city planner shall serve as nonvoting ex officio member.

All appointments to the Nibley City beautification committee shall be by the mayor, with the advice and consent of the city council.

The term of the five (5) persons to be appointed by the mayor shall be four (4) years. However, the initial terms shall be two (2) years for two (2) of the initial members and four (4) years for the remaining three (3) members. Thereafter, as vacancies occur in the committee, for whatever cause, they shall be filled by appointment by the mayor and approval of the city council. The successor appointees shall hold office until the expiration of the term which they were appointed to fill. All members of the beautification committee whose terms may expire shall serve until their successors in office have been appointed and confirmed.

Members of the committee serve without compensation.

The beautification committee shall comply with Utah open meetings laws, choose its own officers, adopt such bylaws and regulations which are necessary for its operation, keep official minutes of its proceedings and file them with the city recorder. A majority of the members shall be a quorum for the transaction of business. 

1. To support the work of creating and maintaining a Happy, Healthy, Connected Community, and the objectives of approved Parks and Recreation master plans and initiatives,
2. To assist in the promotion, management, and coordination of recreation programs and events,
3. To assist in recruiting community volunteers for parks and recreation programs, events, and projects,
4. To assist city staff in building mutually beneficial relationships with business and other potential community partners,
5. To assist in evaluating requests for Nibley City support from outside organizations for Parks and Recreation related events and programs, and
6. To help city staff evaluate community interests and priorities in allocating available resources for events, programs, park amenities, and recreation facilities.

1. There is hereby created and established a Parks and Recreation Advisory Committee for the City of Nibley, Utah which shall consist of the following:
   1. Members of the community with interest in the establishment, or improvement of parks, trails, publicly owned open space, the arts, athletics, health and wellness, special events and programs, historical preservation, conservation of natural resources, and outdoor recreation.
   2. The committee shall consist of at least 3 members.
   3. The number of committee members may expand, or contract based on staff and or City Council requests but shall not exceed 9 committee members.
   4. Nibley City Youth Council Members are eligible for appointment to the committee and it is recommended that at least one current youth council member be appointed to serve as an assistant events chair.
   5. A supplemental Friends of Parks and Recreation group to support the advisory committee and represent community interest may be formed and shall consist of members of the community that have parks and recreation interests but have not been selected by City Council as a member of the Advisory Committee. This Friends of Parks and Recreation Group can be selected by city staff and or the Parks and Recreation Advisory Committee and may be assigned by the Advisory Committee to a sub-committee for a specific event, recreation focus, and or project as needed.
   6. The City Recreation & Community Services Director and the City Parks Superintendent shall serve as non-voting ex-oficio members and shall serve as liaisons for the committee between the Parks and Recreation Committee and the City Council. The Parks Superintendent and the Recreation and Community Services Director are permitted and encouraged to engage in the committee discussion, will suggest agenda items, will update the committee on the status of projects, programs, and events, and will help facilitate meetings by scheduling a meeting location, providing print and copy services, and other clerical support.
   7. Upon request and approval of the City Manager, additional clerical, or technical assistance may be provided to the committee.
   8. All appointments to the Nibley City Parks and Recreation Advisory Committee shall be established by a majority vote of the City Council.
      

1. The term of the committee members appointed shall be three (3) years. However, the initial terms shall be one (1) year for 1/3 of the members, (2) years for 1/3 of the members, and three (3) years for 1/3 of the members. Thereafter, as vacancies occur on the committee, for whatever cause, they shall be filled by appointment of the city council. The successor appointees shall hold office until the expiration of the term which they were appointed to fill. All members of the Parks and Recreation Committee whose terms may expire shall serve until their successors in office have been appointed and confirmed.
2. Committee members may be re-appointed to a second term upon approval of City Council, however, a 1-year break is required prior to re-appointment following the second term.
3. Advisory Committee members who have completed their term may continue to participate in the Nibley City Friends of Parks and Recreation Group and may serve on sub committees as appropriate.

1. Nibley City staff will maintain a Parks and Recreation committee member application process, and will conduct initial interviews to discover candidates’ interests, skills, experience, and background. Candidates and the information collected by staff will then be presented to the Mayor and City Council for review when committee positions are available. The City Council will consider staff recommendations in the selection of the Parks and Recreation Advisory Committee members.
   

1. Members of the Committee shall adopt bylaws, elect a Committee President, Vice President, committee secretary, and such other officers as they may deem necessary. All officers shall be eligible for re-election.
2. The committee shall establish committee chairs responsible to represent specific community interests outlined in NCC 3.10.020(A,1) and will select chairperson assignments based on staff recommendations, interview data, and committee discussion.
3. The committee shall adhere to all requirements outlined in title 52-4 of the Open and Public Meetings Act.
4. The committee shall provide staff and city council with reports of its activities, either written or oral, as may be requested or required.

1. The committee will strive to hold a monthly meeting on a day and time selected by the committee.
2. Meetings shall be held at least quarterly.
3. Friends of Parks and Recreation and or other focus group/ sub-committee meetings may be held at the discretion of the committee.
4. Public outreach open house meetings, community surveys, or similar outreach must be pre-approved by the Recreation and Community Services Director and City Manager.

1. Members of the Parks and Recreation Advisory Committee shall serve without compensation. However, reimbursement for pre-approved expenses may be provided as they relate to the approved city budget.
   

1. A FREE Nibley Fit annual family pass.
2. One FREE Nibley Fun Run Registration or one FREE youth or adult sports registration.
3. The option to attend the Nibley Staff and Volunteers Summer Party.
4. Meals at regular meetings (typically held at dinner time).
5. Committee members will be issued Nibley City Recreation Apparel.

The following are the duties and responsibilities of the members of the Nibley City Parks and Recreation Advisory Committee.

1. To fulfill the purposes of the advisory committee as outlined in NCC 3.10.010.
2. To attend committee meetings and participate in the discussion as appropriate.
3. To serve as a Heritage Days committee member with a specific assignment to manage and or coordinate a Heritage Days event with the support of Nibley City staff.
4. To serve as an event volunteer for at least one additional city event per year.
5. To study, investigate, counsel, and report suggestions and feedback to City Council and City Staff in matters of Parks and Recreation.
6. Upon request of city staff, shall consider, investigate, make finding, report and recommend upon any special matter of question regarding parks, recreation, trails, and publicly owned open space.

1. It shall be unlawful for any person to prevent, delay, or interfere with the city Parks and Recreation Advisory board, or any of its agents, in holding committee meetings or in supporting city sponsored events and programs.
   

1. This advisory committee shall abide by Utah Code 10-3 Part 13 regarding the Municipal Officers’ and Employees Ethics Act. In Summary members of the committee who are employed by or affiliated with an organization in a leadership role, that would directly benefit from a committee recommendation, Parks and Recreation policy, ordinance, amenity, facility, event, or program are required to disclose their affiliation with that organization or employer. However, in these situations, committee members may participate in the discussion as a Nibley citizen would in addressing the committee and or city staff.
2. Failure of a committee member to disclose a potential conflict of interest as required by this chapter constitutes malfeasance in office and may result in removal see NCC 3.10.130. Conflict of interest shall also be addressed in the Parks and Recreation Advisory Committee By-laws.

1. Prohibited Actions
   1. Solicit, create, or award a Request for Proposal (RFP).
      1. However, the committee may be asked to review Parks and Recreation related proposal(s) to provide city staff and the City Council with feedback, and recommendations regarding the proposal(s).
   2. Enter into a verbal or written contract with an individual, business, or non-profit organization.
   3. Purchase goods or services for city use that have not been pre-approved by city staff.

1. The city council shall have the right to review the conduct, acts and decisions of the Nibley City Parks and Recreation Advisory Committee. Any person who disagrees with the decisions and or recommendations that the Advisory Committee makes to the Nibley City Council may voice their concerns directly to the Mayor and or City Council members, may attend and voice their concerns at city council during public comment, and or may follow the appeals process outlined in NCC 19.06.
2. Removal: City Council may remove a member of the Advisory Committee by a majority vote. Attendance and participation records created by the committee secretary may be requested at any time by city staff and or city council.