requirements -- Planning advisory area planning commission -- Compensation. (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance establishing a countywide planning commission for the unincorporated areas of the county not within a planning advisory area. (b) Subsection (1)(a) does not apply if all of the county is included within any combination of: (i) municipalities; (ii) planning advisory areas each with a separate planning commission; and (iii) mountainous planning districts. (c) (i) Notwithstanding Subsection (1)(a), a county that designates a mountainous planning district shall enact an ordinance, subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over the entire mountainous planning district. (ii) A planning commission described in Subsection (1)(c)(i) has jurisdiction subject to a local health department exercising the local health department's authority in accordance with Title 26A, Chapter 1, Local Health Departments, and a municipality exercising the municipality's authority in accordance with Section 10-8-15. (iii) The ordinance shall require that members of the planning commission be appointed by the county executive with the advice and consent of the county legislative body. (2) (a) Notwithstanding Subsection (1)(b), the county legislative body of a county of the first or second class that includes more than one planning advisory area each with a separate planning commission may enact an ordinance that: (i) dissolves each planning commission within the county; and (ii) establishes a countywide planning commission that has jurisdiction over: (A) each planning advisory area within the county; and (B) the unincorporated areas of the county not within a planning advisory area. (b) A countywide planning commission established under Subsection (2)(a) shall assume the duties of each dissolved planning commission. (3) (a) The ordinance described in Subsection (1)(a), (1)(c), or (2)(a) shall: (i) include the number and terms of the planning commission members and, if the county chooses, alternate members; (ii) provide procedures for appointing a planning commission member; (iii) provide procedures for filling vacancies on the planning commission; (iv) provide procedures for removing a planning commission member from the planning commission; (v) except as provided in Subsection (3)(a)(vi), describe the causes for which a planning commission member may be removed from the planning commission, which shall include: (A) using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act; (B) violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and (C) acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties; (vi) provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission; (vii) provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications; (viii) define the authority of the planning commission; (ix) subject to Subsection (3)(b), include rules of order and procedure for use by the planning commission in a public meeting; and (x) include other details relating to the organization and procedures of the planning commission. (b) Subsection (3)(a)(ix) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act. (4) (a) (i) If the county establishes a planning advisory area planning commission, the county legislative body shall enact an ordinance that defines: (A) appointment procedures; (B) procedures for filling vacancies and removing members from office; (C) subject to Subsection (4)(a)(ii), the rules of order and procedure for use by the planning advisory area planning commission in a public meeting; and (D) details relating to the organization and procedures of each planning advisory area planning commission. (ii) Subsection (4)(a)(i)(C) does not affect the planning advisory area planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act. (b) The planning commission for each planning advisory area shall consist of seven members who shall be appointed by: (i) in a county operating under a form of government in which the executive and legislative functions of the governing body are separated, the county executive with the advice and consent of the county legislative body; or (ii) in a county operating under a form of government in which the executive and legislative 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 and qualified. (ii) Notwithstanding the provisions of Subsection (4)(c)(i), members of the first planning commissions shall be appointed so that, for each commission, the terms of at least one member and no more than two members expire each year. (d) (i) Each member of a planning advisory area planning commission shall be a registered voter residing within the planning advisory area. (ii) Subsection (4)(d)(i) does not apply to a member described in Subsection (5)(a) if that member was, before May 12, 2015, authorized to reside outside of the planning advisory area. (5) (a) A member of a planning commission who was elected to and served on a planning commission on May 12, 2015, shall serve out the term to which the member was elected. (b) Upon the expiration of an elected term described in Subsection (5)(a), the vacant seat shall be filled by appointment in accordance with this section. (6) Upon the appointment of all members of a planning advisory area planning commission, each planning advisory area planning commission under this section shall begin to exercise the powers and perform the duties provided in Section 17-79-302 with respect to all matters then pending that previously had been under the jurisdiction of the countywide planning commission or planning advisory area planning and zoning board. (7) The legislative body may authorize a member of a planning commission to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103.
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