[HISTORY: Adopted by the Board of Trustees of the Village of Colonie 8-28-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Operation of businesses — See Ch. 88.
Environmental quality review — See Ch. 114.
Subdivision of land — See Ch. 199.
Zoning — See Ch. 242.
Pursuant to § 234 of Article 12-A of the General Municipal Law of the State of New York, a Planning Commission shall be appointed for the Village of Colonie, Albany County, New York, by the Village Board of Trustees.
A. 
Said Commission shall consist of seven members, who shall serve without compensation and annually elect a Chairman from its own members.
B. 
The terms of office for Planning Commission members equal the number of members on the Planning Commission (not counting the alternate) and are to be staggered, with a different member of the Planning Commission’s term being up every year. No member of the Village Board of Trustees can also be a member of the Planning Commission.
[Amended 8-22-2011 by L.L. No. 2-2011]
C. 
Alternate members. There shall be one alternate member of the Planning Commission. The Chairperson of the Planning Commission shall appoint this alternate to temporarily replace a member with full voting privileges, where the member’s abstention from a particular vote, due to absence or conflict of interest, precludes the Commission member from taking action on a particular issue.
[Added 8-22-2011 by L.L. No. 2-2011]
D. 
Minimum standards for meeting attendance and training.
[Added 6-16-2014 by L.L. No. 1-2014]
(1) 
Any member of the Village Planning Commission may be removed for any of the following:
(a) 
Nonexcused failure to attend three consecutive Planning Commission regularly scheduled meetings.
(b) 
Nonexcused failure to attend not less than eight nonconsecutive regularly scheduled meetings during the calendar year, January through December.
(c) 
Failure to attend required training.
(2) 
Excused absence for medical/health reasons shall not count as an attendance failure.
Said Planning Commission shall have the following duties and powers:
A. 
To cause studies to be made with respect to future growth, land use, economic development, public facilities and programs and infrastructure, subject to the availability of funds.
B. 
To make a report and recommendation on any proposed amendment to the zoning regulations[1] referred to it by the Board of Trustees within 45 days of referral, unless this time period is extended by the Board of Trustees. The Commission may hold a public hearing. Failure to report within 45 days (or the extended time period) shall be deemed to be a favorable recommendation.
[1]
Editor's Note: See Ch. 242, Zoning.
C. 
To designate areas, in addition to Central Avenue, where sidewalks will be required. In such cases where there is new construction or remodeling of existing structures on properties with no existing sidewalk, a sidewalk may be required as part of the Commission's approval of the site plans.
D. 
To make an annual report to the Board of Trustees on its activities no later then December 31, which may include recommendations for the long-range planning of the village.
A. 
Pursuant to § 7-728 of the Village Law, said Planning Commission shall be and the same hereby is authorized and empowered to approve all plans, plots and plats of any subdivision of land showing lots, blocks or sites, with or without new streets or highways, in the Village of Colonie. No such plan shall be recorded in the office of the Albany County Clerk until said Commission has certified its approval of the same.[1]
[1]
Editor's Note: See Ch. 199, Subdivision of Land, for additional provisions dealing with the Planning Commission.
B. 
Pursuant to § 7-725-a of the Village Law, the Planning Commission shall have the power to review and approve, approve with modifications or disapprove site plans showing the arrangement, layout and design of the proposed use of the land shown on such plan. Elements to be approved shall consist of parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, impact of proposed use on adjacent land uses and such other elements as may reasonably be related to the health, safety and general welfare of the community. Any building permit, except a permit for a single-family detached dwelling or a two-family dwelling in a residential zoning district, shall be conditioned upon the approval of the Planning Commission.
(1) 
In case the Commission requires the planting of trees or shrubs as shown on the approved site plan, the owner shall replace any trees or shrubs which die within two years of the date of approval. The Chief Code Enforcement Officer shall enforce this provision.
(2) 
Any approval shall become void after one year unless a building permit has been issued within that time.
(3) 
Any site plan and associated conditions of approval are binding on the applicant, the owner of the property and/or their successors unless modified by the Commission; the Chief Code Enforcement Officer is charged with the enforcement of this provision.
C. 
Park areas.
(1) 
In addition to the powers in Subsection B above, in connection with any site plan showing multifamily dwellings or three or more single-family attached dwellings (as defined in Chapter 242), the Planning Commission is authorized in proper cases to require that suitable park areas of suitable location, size and character for playground or other recreational purposes shall be shown on the site plan as to add to the harmonious development of the community.
(2) 
If the Planning Commission determines that a suitable park or playground of adequate size cannot be properly located on such site plan, money in lieu of land shall be required in accordance with these regulations. The amount to be required shall be as determined by the Village Board from time to time (see Chapter A246, Fees).
D. 
Pursuant to Chapter 88 of the Village Code, the Planning Commission shall have the power to approve the commencement of any business, commercial or industrial operation.
E. 
Every application for approval of a site plan or to commence any business, commercial or industrial operation shall be accompanied by a nonrefundable fee in an amount set by the Board of Trustees from time to time.
F. 
All fees and expenses incurred by the Planning Commission in the review process shall be assessed to the individual, firm, person or corporation seeking project approval. All fees and expenses incurred by the Planning Commission which are required to assure or certify compliance with conditions of approval shall be assessed to the individual, firm, person or corporation to whom or to which the approval has been granted or to the owner of the property.
Said Planning Commission shall have the power and authority to conduct and attend conferences and meetings with contiguous municipalities for the general purpose of municipal planning and future growth and to appoint delegates to private and public functions concerning municipal growth and planning and to establish committees of citizens to advise and assist in the promulgation of its duties.