City of Saratoga Springs, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Saratoga Springs 4-4-1994 by L.L. No. 1-1994; amended in its entirety 9-4-2012 by L.L. No. 2-2012. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning Board of Appeals — See Ch. 51.
Zoning — See Ch. 240.
Subdivision regulations — See Ch. 241.

§ 34-1 Establishment; appointment; vacancies; removal; terms.

A. 
Pursuant to § 27 of the General City Law, there shall be a City Planning Board, hereinafter called the "Board," appointed by the Mayor, which Board shall consist of seven members.
B. 
If a vacancy shall occur other than by expiration of a term, it shall be filled by appointment by the Mayor for the unexpired term.
C. 
Any member may be removed by the Mayor for cause and after public hearing.
D. 
Members of the Board shall hereafter be appointed for terms of seven years.
E. 
The City wishes to promote and facilitate participation in land use decisionmaking by the full membership of the Planning Board to the maximum extent possible. The Mayor shall appoint two alternate members to the Board to serve in place and stead of Board members who are unable to attend a meeting due to recusal or absence. The term of each alternate member shall be two years commencing on January 1 of the first year of appointment and ending on December 31 of the second year. One of the initial terms shall be for one year so as to effectuate a staggered sequencing of member terms. After initial appointments, one member shall be appointed each year. An alternate member whose term has expired may serve until replaced. In the event of any alternate member position vacancy as a result of resignation, change of residency, or removal, a new alternate member shall be appointed to serve the remainder of the alternate member term. The Chairperson of the Planning Board may designate an alternate member to substitute for any member who is unable to participate due to recusal or absence. Such designation shall be entered into the minutes of the initial Board meeting at which the substitution is made. When so designated, the alternate member(s) shall possess all the powers and responsibilities of such member of the Board. All provisions of law relating to Board member training and continuing education, eligibility, vacancy in office, removal, compatibility of office and service on other boards shall also apply to alternate members. These provisions are specifically intended to supersede the provisions of New York General City Law § 27, Subdivision 16, which limits substitution of alternate members of city planning boards only to instances of conflict of interest.
[Amended 3-18-2014 by L.L. No. 1-2014]

§ 34-2 Municipal officials; other City agencies.

A. 
The municipal officials on such Board shall not, by reason of membership thereon, forfeit their right to exercise the powers, perform the duties or receive the compensation of the municipal office held by them during such membership.
B. 
No member of the Planning Board shall be eligible for membership on the City's Zoning Board of Appeals.

§ 34-3 Officers.

The Chairperson and Vice Chairperson of the Board shall be designated by the Mayor or, on failure to do so, shall be elected from and by its own members.

§ 34-4 Powers and duties.

The Planning Board shall have and exercise the powers and duties as follows:
A. 
At the direction of and for consideration by the City Council, to prepare a City Comprehensive Plan for the development of the entire area of the City.
(1) 
Definition of City Comprehensive Plan. The term "City Comprehensive Plan" means the materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the City. The City Comprehensive Plan, as herein defined, shall, among other things, serve as a basis for land use regulation, infrastructure development, public and private investment and any plans which may detail one or more topics of a City Comprehensive Plan.
(2) 
Content of a City Comprehensive Plan. The City Comprehensive Plan may include the following topics at the level of detail adapted to the special requirements of the City:
(a) 
General statements of goals, objectives, principles, policies and standards upon which proposals for the immediate and long-range enhancement, growth and development of the City are based.
(b) 
Consideration of regional needs and the official plans of other government units and agencies within the region.
(c) 
The existing and proposed location and intensity of land uses.
(d) 
Consideration of agricultural uses, historic and cultural resources, coastal and natural resources and sensitive environmental areas.
(e) 
Consideration of population, demographic and socioeconomic trends and future projections.
(f) 
The location and types of transportation facilities.
(g) 
Existing and proposed general location of public and private utilities and infrastructure.
(h) 
Existing housing resources and future housing needs, including affordable housing.
(i) 
The present and future general location of educational and cultural facilities, historic sites, health facilities and facilities for emergency services.
(j) 
Existing and proposed recreation facilities and park land.
(k) 
The present and potential future general location of commercial and industrial facilities.
(l) 
Specific policies and strategies for improving the local economy in coordination with other plan topics.
(m) 
Proposed measures, programs, devices and instruments to implement the goals and objectives of the various topics within the Comprehensive Plan.
(n) 
All or part of the plan of another public agency.
(o) 
Any and all other items which are consistent with the orderly growth and development of the City.
(3) 
The Planning Board shall hold one or more public hearings and such other meetings as it deems necessary to ensure full opportunity for citizen participation in the preparation of such proposed Plan or amendment. The Planning Board may then recommend such proposed Plan or amendment to the City Council. Within 90 days of receiving the Planning Board's recommendations on the proposed Plan or amendment, the City Council shall hold a public hearing on such proposed Plan or amendment. Notice of a public hearing shall be published in a newspaper of general circulation in the City at least 10 calendar days in advance of the hearing. The proposed Comprehensive Plan or amendment shall be made available for public review during said period at the Office of the City Clerk and may be made available at any other place, including a public library.
(4) 
Unless prepared by the Planning Board, the City Council may refer the Comprehensive Plan and its amendments to the Planning Board for review and comment. Within 45 days after receipt of the plan or any amendments, the Planning Board shall report its recommendations thereon to the Council. If the Planning Board fails to respond within the prescribed time, the City Council may act without such report. The Board shall not act contrary to any City Council recommendation without first setting forth in the official record the reasons for such contrary action.
(5) 
The Comprehensive Plan and all modifications thereof shall be on file in the office of Planning and Economic Development and City Clerk.
B. 
To make any investigations and reports relating to the planning of the City and its future growth and affording facilities for housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population. Any expenditures of the Board for such investigations or reports shall not exceed the appropriation for its expenses. Copies of such investigations or reports shall be submitted to the City Council for their review and comment.
C. 
To prepare recommendations for changes to the Zoning Ordinance and districts, but any changes in or exemption from the Zoning Ordinance shall be made by the City Council.
D. 
To issue advisory reports to the City Council on any proposed change in the text or Zoning District boundary under conditions set forth in § 240-10.1.
E. 
To issue advisory reports to the City Council on any proposed planned unit development applications under conditions set forth in § 240-10.2.
F. 
To make referrals for advisory opinions on any matter before the Board to the City Council, the Design Review Commission, the Recreation Commission and any other body, agency or department of the City.
G. 
To review and make advisory recommendations on any matter referred to the Planning Board by the City Council, the Zoning Board of Appeals, the Design Review Commission, the Recreation Commission and any other body, agency or department of the City.
H. 
To assist the Mayor with the development of an annual submittal to the City Council of a six-year municipal capital funds plan.
I. 
To advertise and hold public hearings when it requires or desires. Notice of hearings shall be advertised in a Saratoga Springs newspaper of general circulation at least five days prior to the date thereof unless otherwise required.
J. 
To review, approve, approve with modification or disapprove all applications for subdivisions within the City of Saratoga Springs pursuant to Chapter 241.
K. 
To change or add to the Official Map of the City so as to lay out new or modify streets, highways, drainage systems or parks or widen or close existing streets, highways or parcels. Drainage systems may also be shown on the map.
L. 
To review, approve, approve with modification or disapprove all applications for special use permit as required by § 240-7.1.
M. 
To review, approve, approve with modification or disapprove applications for site plans as required by § 240-7.2.
N. 
To submit its annual budget by the Mayor. All appropriations must be approved by the City Council.
O. 
To make necessary and proper expenditures, not exceeding in amount the appropriation that may be made for such Board by the City Council.
P. 
To employ experts, staff and/or legal counsel and to pay for their services and such other expenses as may be necessary, not exceeding in all the appropriation that may be made for such Board by the City Council.
Q. 
To adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction under this chapter, after public hearing by the Planning Board and subject to the approval of the City Council. The City Council shall move to approve, reject or modify the same within 30 days after submission. Failure of the City Council to so move shall be construed to constitute approval of such rules and regulations.
R. 
To exercise all other powers conferred upon it by the City Council.

§ 34-5 Referrals to Board.

The City Council, City departments or officers having final jurisdiction over any matter set forth in § 34-4 of this chapter may refer such matter to the Planning Board for a report, but if such Planning Board shall not have made its final report thereon within 30 days from the date of reference thereto, the authority having final jurisdiction may proceed to final action. This section shall not be construed to prevent the City Council from granting, in any specific case, such longer period as it may fix within which said Board may make its final report.