There shall be a Department of Development,
the head of which shall be the Director of Development. Prior to his
or her appointment, the Director of Development shall be a person
who:
A. Has demonstrated executive and administrative ability
with experience in urban renewal, redevelopment, planning or related
fields; or
B. Is a graduate of a recognized college or university
with:
(1) A degree in municipal planning or a related professional
field; or
(2) Administrative or consultant experience in the field
of regional or municipal planning.
The Department of Development, subject to the
provisions of this Charter and local laws, shall:
A. Advise and assist the Mayor and the Council in regard
to the physical planning and public improvement aspects of all matters
related to the development of the City;
B. Provide staff assistance to the Planning and Development
Board in all matters under its jurisdiction;
C. Conduct continuous studies and collect statistical
and other data to serve as the basis for planning recommendations;
D. Study the operation and effect of land use controls
and their administration within the City, and report thereon to the
Mayor and Council;
E. Develop and administer programs and activities for
the rehabilitation of housing and the conservation of neighborhoods;
F. Develop and administer programs and activities for
urban renewal and redevelopment.
[Amended 4-14-2003 by L.L. No. 2-2003]
A. Within the Department of Development there shall be a Planning and Development Board, which shall be constituted and empowered as a Planning Board pursuant to Article
3 of General City Law.
B. The Board shall consist of seven members, including
one City Official and six citizen members to be appointed by the Mayor.
C. The citizen members shall be appointed to serve a
term of seven years. Terms of members first appointed and terms of
members now in office shall hold office pursuant to General City Law
§ 27 with respect to expiration of term and appointment.
D. Any vacancy occurring otherwise than by expiration
of term shall be filled by appointment for the unexpired term only.
E. The Director of Development shall serve as Executive
Director of the Board and shall be entitled to attend all meetings
of the Board and to participate in its discussions, but shall have
no vote.
F. The Board shall have, exercise and discharge the functions, powers and duties of a City Planning Board under Article
3 of the General City Law.
G. The Board shall study and review plans, programs or
projects with respect to all matters related to the planning and development
of the City, rehabilitation of housing, conservation of neighborhoods,
urban renewal or redevelopment.
H. The Board shall study and report to the Council with
respect to plans, programs, and projects which may be referred to
it by the Council and submit such report within such time as the Council
may prescribe.
The Department of Development shall be the custodian
of the Official Map of the City, as established, changed or amended
from time to time, pursuant to law. The Department shall cause any
change, amendment, addition thereto or deletion therefrom authorized
pursuant to law to be recorded on the map by appropriate revision
and notation.
The Department of Development, through such
division or divisions as may be established pursuant to Charter, shall:
A. Administer and enforce building regulations within
the City;
B. Enforce all City and state laws governing the maintenance,
use and occupancy of dwelling units within the City;
C. Have and exercise the functions of a Zoning Officer
under City Zoning Ordinances;
D. Administer and enforce regulations of electrical and
plumbing installations within the City, as may be provided by local
law, ordinance or statute;
E. Develop and administer plans, programs and projects
for neighborhood conservation and rehabilitation, and constitute and
appoint citizens' advisory committees for this purpose.
The Department of Development shall:
A. Prepare and submit to the Council a long-range plan
and program for conservation, rehabilitation, renewal or redevelopment
of substandard and unsanitary residential, commercial and industrial
areas of the City, in accordance with a Master Plan or general development
plan adopted and approved by the Planning and Development Board. The
plan and program shall include, without limitation thereto, recommendations
of specific methods, programs and projects for the elimination of
substandard and unsanitary areas and conditions by clearance, replanning,
reconstruction or rehabilitation, or a combination of any of these
or other methods.
B. In relation to the state and federal governments,
the City shall be the "local public agency" for such purposes as may
be required by law. For such purposes, the Department shall:
(1) Prepare, review, revise and modify a workable program
as defined by law for utilizing appropriate private and public resources
to eliminate and prevent the development or spread of blight and deterioration,
to encourage needed conservation or rehabilitation, to provide for
the redevelopment of blighted, deteriorated or deteriorating areas,
and to undertake such of these activities or other feasible activities
as may be suitably employed to achieve the objectives of such a program,
provided that the workable program may be adopted, amended, revised
or modified only with the approval of the Mayor;
(2) Prepare and execute, or cause to be prepared and executed,
reports, plans, specifications and cost estimates for urban renewal
and redevelopment projects; provided that no project shall be undertaken
without the approval of the Council, and no expenditure shall be incurred
or committed without an appropriation pursuant to law;
(3) Constitute and appoint advisory committees, neighborhood
councils, and other forms of citizen participation in urban rehabilitation
and redevelopment.
C. Subject to the Charter, state statutes, ordinances
and local laws, the Department shall:
(1) Select and delineate areas within which deterioration
has progressed so far that complete rebuilding is the only practical
solution;
(2) Replan any such area for its best use in accordance
with the general plan for the future development of the entire City;
(3) Acquire, by purchase or condemnation, land and structures
within the area;
(4) Relocate the residents, businesses and industries
from the area, and provide for the demolition of all substandard and
other structures incompatible with the proposed new use;
(5) Resell cleared land to individuals, corporations or
public agencies that will undertake to construct improvements in accordance
with the approved project plan;
(6) Provide such service as may be required to assist
persons to relocate as a result of any program under this Chapter.