2-4.3 PLANNING COMMISSION

A. PLANNING COMMISSION ESTABLISHED 1. Establishment - Composition - Appointment of Members a) Pursuant to authority granted in The State of Utah Land Use Development and Management Act, as amended the Cleveland Town Council hereby creates a Planning Commission within and for the Town to be known as the Cleveland Town Planning Commission. b) Such Commission shall consist of six (6) members, one of which shall be a Town Council member, that shall not be a voting Planning Commission Member. The other five (5) members shall be appointed by the Mayor with consent of the Town Council from among registered voters of the Town. c) The members shall be selected without respect to political affiliations and shall serve without compensation except for reasonable expenses. 2. Terms of Office of Members - Filling Vacancies - Removal of Members a) The terms of office for the Town Council member designated to serve as a member of the Planning Commission shall correspond to their tenure of office. The terms of office for the appointive members of the Planning Commission shall be two, four and six years, to be arranged as follows: Two shall be appointed for two years, two shall be appointed for four years, and two shall be appointed for six years. b) Vacancies occurring otherwise than through the expiration of terms shall be filled by appointment of the Mayor with consent of the Town Council. c) Members may be removed from office after public hearing by a majority vote of the Town Council. 3. Organization - Adoption of Rules - Record of Proceedings The Planning Commission shall elect a chairman from its membership and shall adopt rules for its own organization and for the transaction of its business not in conflict with this section or any other local, state or federal law. The Planning Commission shall be required to keep a record of its proceedings as detailed in Utah State law. 4. Employees -Expenditures The Planning Commission may make recommendations to the Town Council regarding the appointment of a Planning Administrator. The Planning Commission may also appoint such other employees and staff as it may deem necessary for its work and may contract with Town planners and other consultants provided its expenditures shall be within the amounts appropriated for that purpose by the Town Council. B. PREPARE COMPREHENSIVE PLAN 1. It shall be the function and duty of the Planning Commission, after holding public hearings, to create, adopt and certify to the Town Council, a recommended Comprehensive Plan for the physical development of the Town including any areas outside of its boundaries, which in the Commissions judgment, bear relation to the planning of the Town. Where the plan involves territory outside the boundaries of the Town, action shall be taken with the concurrence of the county or other municipal legislative bodies concerned. 2. The Comprehensive Plan, with its accompanying maps, plats, charts and descriptive and explanatory material, shall show the Planning Commission’s recommendations for the said physical development and shall include among other things: a) Transportation and Circulation Element. b) Land use Element c) Annexation Element C. PREPARE LAND USE ORDINANCE 1. It shall be the function and duty of the Planning Commission, after holding public hearings, to create, adopt and certify to the Town Council, a recommended Land Use Ordinance to guide the physical development of the Town and to aid the Town, in meeting goals and objectives set forth in the Cleveland Town Comprehensive Plan. 2. The Land Use Ordinance shall separate the Town into distinct zoning districts that shall each have their own regulations to guide development in their respective districts. D. PREPARE SUBDIVISION ORDINANCE 1. It shall be the function and duty of the Planning Commission, after holding public hearings, to create, adopt and certify to the Town Council, a recommended Subdivision Ordinance to guide the physical development of large-scale development within the Town. The Subdivision Ordinance shall hold to the spirit of the Cleveland Town Comprehensive Plan and shall aid the Town, in meeting goals and objectives set forth in the Cleveland Town Comprehensive Plan. 2. The Subdivision Ordinance shall provide distinct regulations for the development of: Residential Subdivisions, Large Scale Developments, Non-Residential Subdivisions, Condominium Projects, Planned Unit Developments (PUD), mobile home parks, recreational vehicle courts. E. RECOMMEND AMENDMENTS AND ZONING CHANGES 1. It shall be the function and duty of the Planning Commission, after holding public hearings, to make recommendations to the Town Council for amendments and zone changes. a) The Planning Commission shall make recommendations to the Town Council for: Comprehensive Plan amendments, Land Use Ordinance amendments, Subdivision Ordinance amendments, and Zoning changes. F. PREPARE REPORTS AND RECOMMENDATIONS & ENTRY UPON LAND 1. It shall be the function and duty of the Planning Commission to prepare reports and recommendations to the Town Council concerning all land use decisions for which the Planning Commission has acted as an advisory body to the Town Council. See above the: 2-4.1 POWERS & DUTIES MATRIX. The Planning Commission may also recommend to the executive or legislative officials programs for public improvements and the financing thereof. 2. The Planning Commission, its members, and employees, in 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. G. PLANNING COMMISSION AS LAND USE AUTHORITY The Cleveland Town Planning Commission shall act as the Land Use Authority on all the land use decisions listed above in: 2-4.1 POWERS & DUTIES MATRIX.