17-27a-301 - Ordinance establishing planning commission required -- Exception -- Ordinance requirements -- Township planning commission -- Compensation. - Utah Statutes

17-27a-301. Ordinance establishing planning commission required -- Exception --Ordinance requirements -- Township planning commission -- Compensation.
(1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinanceestablishing a countywide planning commission for the unincorporated areas of the county notwithin a township.
(b) Subsection (1)(a) does not apply if all of the county is included within anycombination of:
(i) municipalities; and
(ii) townships with their own planning commissions.
(2) The ordinance shall define:
(a) the number and terms of the members and, if the county chooses, alternate members;
(b) the mode of appointment;
(c) the procedures for filling vacancies and removal from office;
(d) the authority of the planning commission; and
(e) other details relating to the organization and procedures of the planning commission.
(3) (a) If the county establishes a township planning commission, the county legislativebody shall enact an ordinance defining appointment procedures, procedures for filling vacanciesand removing members from office, and other details relating to the organization and proceduresof each township planning commission.
(b) The planning commission for each township shall consist of seven members who,except as provided in Subsection (3)(e), shall be appointed by:
(i) in a county operating under a form of government in which the executive andlegislative functions of the governing body are separated, the county executive with the adviceand consent of the county legislative body; or
(ii) in a county operating under a form of government in which the executive andlegislative functions of the governing body are not separated, the county legislative body.
(c) (i) Members shall serve four-year terms and until their successors are appointed or, asprovided in Subsection (3)(e), elected and qualified.
(ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided inSubsection (3)(e), members of the first planning commissions shall be appointed so that, for eachcommission, the terms of at least one member and no more than two members expire each year.
(d) (i) Except as provided in Subsection (3)(d)(ii), each member of a township planningcommission shall be a registered voter residing within the township.
(ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission of atownship reconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established underSubsection 17-27a-306(1)(k)(i) may be an appointed member who is a registered voter residingoutside the township if that member:
(I) is an owner of real property located within the township; and
(II) resides within the county in which the township is located.
(B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the townshipplanning commission from a list of three persons submitted by the county legislative body.
(II) If the township planning commission has not notified the county legislative body ofits choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planningcommission's receipt of the list, the county legislative body may appoint one of the three personson the list or a registered voter residing within the township as a member of the township

planning commission.
(e) (i) The legislative body of each county in which a township reconstituted under Lawsof Utah 1997, Chapter 389, or reinstated or established under Subsection 17-27a-306(1)(e)(i) islocated shall enact an ordinance that provides for the election of at least three members of theplanning commission of that township.
(ii) The election of planning commission members under Subsection (3)(e)(i) shallcoincide with the election of other county officers during even-numbered years. Approximatelyhalf the elected planning commission members shall be elected every four years during electionsheld on even-numbered years, and the remaining elected members shall be elected every fouryears on alternating even-numbered years.
(f) (i) (A) The legislative body of each county in which a township reconstituted underLaws of Utah 1997, Chapter 389, or reinstated or established under Subsection17-27a-306(1)(e)(i) is located shall enact an ordinance appointing each elected member of theplanning and zoning board of the former township, established under Laws of Utah 1996,Chapter 308, as a member of the planning commission of the reconstituted or reinstatedtownship. Each member appointed under this subsection shall be considered an elected member.
(B) (I) Except as provided in Subsection (3)(f)(i)(B)(II), the term of each memberappointed under Subsection (3)(f)(i)(A) shall continue until the time that the member's term as anelected member of the former township planning and zoning board would have expired.
(II) Notwithstanding Subsection (3)(f)(i)(B)(I), the county legislative body may adjust theterms of the members appointed under Subsection (3)(f)(i)(A) so that the terms of those memberscoincide with the schedule under Subsection (3)(e)(ii) for elected members.
(ii) Subject to Subsection (3)(f)(iii), the legislative body of a county in which a townshipreconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established underSubsection 17-27a-306(1)(e)(i) is located may enact an ordinance allowing each appointedmember of the planning and zoning board of the former township, established under Laws ofUtah 1996, Chapter 308, to continue to hold office as a member of the planning commission ofthe reconstituted or reinstated township until the time that the member's term as a member of theformer township's planning and zoning board would have expired.
(iii) If a planning commission of a township reconstituted under Laws of Utah 1997,Chapter 389, or reinstated or established under Subsection 17-27a-306(1)(e)(i) has more than oneappointed member who resides outside the township, the legislative body of the county in whichthat township is located shall, within 15 days of the effective date of this Subsection (3)(f)(iii),dismiss all but one of the appointed members who reside outside the township, and a newmember shall be appointed under Subsection (3)(b) no later than August 16, 1997, to fill theposition of each dismissed member.
(g) (i) Except as provided in Subsection (3)(g)(ii), upon the appointment or election of allmembers of a township planning commission, each township planning commission under thissection shall begin to exercise the powers and perform the duties provided in Section 17-27a-302with respect to all matters then pending that previously had been under the jurisdiction of thecountywide planning commission or township planning and zoning board.
(ii) Notwithstanding Subsection (3)(g)(i), if the members of a former township planningand zoning board continue to hold office as members of the planning commission of thetownship planning district under an ordinance enacted under Subsection (3)(f), the townshipplanning commission shall immediately begin to exercise the powers and perform the duties

provided in Section 17-27a-302 with respect to all matters then pending that had previously beenunder the jurisdiction of the township planning and zoning board.
(4) The legislative body may fix per diem compensation for the members of the planningcommission, based on necessary and reasonable expenses and on meetings actually attended.

Amended by Chapter 250, 2008 General Session