There is hereby created a planning commission pursuant to Utah Code Annotated section 10-9a-301 et seq., as amended, in order to carry out the provisions thereof, whose primary duties shall be to act as an advisory council to the city council on all matters pertaining to planning and zoning within and for the city, to be known as the Uintah City planning commission. The planning commission shall consist of five (5) members, appointed by the mayor, with the advice and consent of the city council, together with one member of the council appointed by the mayor as a member of the planning commission. Members shall receive reimbursement for reasonable expenses incurred in performing their duties as members of the planning commission, which shall be established by resolution of the city council. Appointments shall be nonpolitical and appointees shall be selected from different vocational interests insofar as possible. (Ord. 172-04, 3-2-2004; amd. 2013 Code)

All matters pertaining to the following shall be submitted to the planning commission for consideration and recommendation before action is taken thereon by the city council or other city official:

   A.   The physical development of the city, except as concerned with the adopted building code;

   B.   The use and zoning of land for private or public purposes;

   C.   The location, widening, narrowing, abandonment, extensions or relocation of proposed or existing streets, also the acquisitions of land for new streets, or the acceptance of private streets for public use, and the sale of or lease of city owned streets;

   D.   The acquisition or acceptance of land for any public property, public way, ground, place or structure, also the sale or lease of city owned property, and the location of public buildings, parks or open spaces;

   E.   The location and extent of public or private utilities; and

   F.   The subdivision or development of land. (Ord. 172-04, 3-2-2004)

The term of office for each appointive member of such planning commission shall be four (4) years and/or until his/her successor is appointed. The mayor may remove any member of the planning commission without cause as determined solely by the discretion of the mayor and as approved by a majority of the city council. Any member of the planning commission so removed shall be entitled to a public hearing before the city council if a hearing is requested in writing within five (5) days of a city council vote. The purpose of the hearing is to allow the member being removed to be heard on the issue of removal. At the end of the hearing, the city council may reinstate the planning commission member by a majority vote of the council. (Ord. 172-04, 3-2-2004)

The planning commission shall elect one of its members to act as chairperson and another member to act as vice chairperson for a period of one year. The chairperson and/or vice chairperson may be elected for successive terms. The chairperson will preside at all meetings of the planning commission unless absent, in which case the vice chairperson will preside. The planning commission shall adopt such policies and procedures for its own organization and for the transaction of business not in conflict with ordinances or state laws, which policies and procedures shall be approved by the city council before taking effect. Report of official acts and recommendations of the planning commission shall be made by the chairperson in writing to the city council and to such other city officials and persons as the city council may direct, 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 whenever he deems advisable. In January of each year, the mayor shall appoint one member of the city council to sit on the planning commission as a nonvoting member. This member shall participate in all ways with the planning process and duties, but shall not vote unless a vote is needed to constitute a quorum (3 members) or to break a tie. (Ord. 172-04, 3-2-2004)

   A.   Entrance Upon Land: The planning commission, its members and employees, in the performance of its functions, may enter upon any land at reasonable times to make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.

   B.   Administrative Duties: The planning commission shall:

      1.   Prepare and recommend a general plan and amendments to the general plan to the city council as provided under state law;

      2.   Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the city council as provided under state law;

      3.   Administer provisions of this zoning title as specifically provided in this zoning title;

      4.   Recommend subdivision regulations and amendments to those regulations to the city council as provided under state law;

      5.   Recommend approval or denial of subdivision applications as provided under state law;

      6.   Advise the city council on matters as directed by the city council;

      7.   Hear and decide conditional use permits; and

      8.   Exercise any other powers necessary to enable it to perform its function.

   C.   Public Hearings, Reports And Recommendations: The planning commission may hold public hearings and shall do so as required by law. It may make reports and recommendations relating to the plan and development of the city to public officials and agencies, other organizations and citizens. It may recommend to the executive or legislative officials programs for public improvements and the financing thereof. (Ord. 172-04, 3-2-2004)

All matters and requests to the planning commission shall be submitted to the commission in writing on a form approved by the commission. The minutes of each meeting of the planning commission shall be recorded and preserved in a permanent binder. Minutes of each meeting of the planning commission shall bear thereon its approval as attested to by the chairperson. All official actions shall be recorded therein and copies of all letters of approval or denial shall be preserved. All records of the planning commission shall be made available for public inspection during reasonable hours. (Ord. 172-04, 3-2-2004)

The planning commission may requisition funds from the city council for planning assistance or other services, or work, but it shall in no way obligate the city for any expense until or unless it is specifically authorized to do so by action of the city council. (Ord. 172-04, 3-2-2004)

   A.   Preparation And Recommendation: It shall be the function and duty of the planning commission to make and recommend to the city council a proposed general plan for the physical development of the city, including other areas outside of its boundaries which, in the planning commission's judgment, bear relation to the planning of the city. The planning commission may from time to time recommend to the city council that the general plan be amended, extended, added to or carry any part or subject matter into greater detail. Where the plan involves territory outside of the boundaries of the city, action shall be taken with the concurrence of the county or other legislative body concerned. The general plan shall show the planning commission's recommendations and may include, among other things, the general location, character and extent of streets, parks, parkways, playgrounds, airports and other public spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general location, character, layout and extent of community centers and neighborhood units; and the extent and layout of the replanning of blighted areas.

   B.   Surveys And Studies: In the preparation of the general plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city in accordance with existing and future needs.

   C.   Conformance With Plan Required: No street, park or other public way, ground, place or space, no public building or structure, and no public utility, whether publicly or privately owned, shall be constructed or authorized until and unless the location and extent thereof shall conform to the general plan or shall have been submitted to and approved by the planning commission, with such exceptions as provided for by law. (Ord. 172-04, 3-2-2004)

In order to correlate plans for the orderly and economical development of the city, it is hereby required that any board, commission, committee, administrative officer or other employee of the city, or any other person having jurisdiction over or responsibility for the development of or the carrying out of plans, or other matters relating to the physical development of the city, shall first refer such matters to the planning commission and receive its written recommendation thereon before taking any action pertaining thereto. (Ord. 172-04, 3-2-2004)

   A.   Time Limit: The planning commission shall submit its recommendation, approval or disapproval of any application or proposal in writing to the city council after complying with all requirements regarding public hearings and notice to the necessary parties. Normally, the planning commission should act within sixty (60) days on a matter being considered at a public meeting, but may extend this time by motion and vote of a majority of the commission as necessary to obtain additional information or for other good reasons.

   B.   Failure To Act: The failure of the planning commission to act within the maximum period of time granted shall be deemed approval. The maximum period of time shall be sixty (60) days, unless otherwise specified or unless extended by the planning commission as described in subsection A of this section. No action or vote by the planning commission shall be valid unless supported by three (3) members.

   C.   Denial, Approval Procedure; Quorum: Upon approval or disapproval by the planning commission of any matter that comes before it, a written decision shall be referred to the city council, to be acted upon by that body, except that where the ordinances of the city so require, proposals or decisions shall be referred to the city engineer for his/her approval before referral to the city council. Where the planning commission sees fit to disapprove or deny any proposal, it shall communicate its reasons for such disapproval in writing to the city council. Three (3) members of the planning commission constitute a quorum. (Ord. 172-04, 3-2-2004)