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4-10-8. Ex parte contact .
(1) Ex parte contact between township planning commission members and
opposing parties involved in litigation with Tooele County involving
land use issues shall be prohibited. Township planning commission
members shall not participate in site or office visits, electronic
communication, written communication, or verbal conversation either
face-to-face or over the telephone, with any individual or any representative
of a company or entity involved in legal proceedings with Tooele County
involving land use issues. This prohibition shall include plaintiffs
who have filed suit against Tooele County , claimants who have served
a Notice of Claim on Tooele County , and defendants in actions filed
by Tooele County , such as those in violation of provisions of the
Tooele County Code or the Tooele County Land Use Ordinance.
(2) Township planning commission members shall be restricted from ex
parte contact, including site or office visits, electronic communication,
written communication, and verbal conversation either face-to-face
or over the telephone, with any individual or representative of a
company or entity when such interaction involves a request for a conditional
use permit, planned unit development, a request for approval of a
subdivision, or for an exception to the Tooele County Land Use Ordinance.
This restriction on ex parte contact applies to all conditional use
permit approval requests, planned unit development or subdivision
requests, after an application for such is filed with the Tooele County
Engineering Department, while the application is under review by the
township planning commissions, after a decision or recommendation
on the application has been made by the planning commissions, while
the application is under review by the Tooele County Commission, or
while the application is under appeal, if an appeal is filed. Township
planning commissioners shall not participate in ex parte contact with
individuals or representatives of a company or entity opposed to a
request for a conditional use permit, planned unit development or
a subdivision approval, or an exception to the Tooele County Land
Use Ordinance.
(3) If ex parte contact as described in Subsections (1) or (2) occurs,
it shall be disclosed at the next meeting of the township planning
commission and the planning commission member who had such contact
shall neither participate in the discussion nor vote on the matter.
(4) Receipt of written information regarding an active request for a conditional
use permit, planned unit development or a subdivision, or an exception
to the Tooele County Land Use Ordinance shall be permitted, provided such
written information is disclosed at the next meeting of the township planning
commission and submitted as a part of the record of that meeting. (Ord.
2005-14, 5/10/05; Reference UCA 17-27a-301) |
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