[HISTORY: Adopted by the Common Council of the City of Port Jervis 7-27-1964as
part of Ch. 20 of the 1964 Code of Ordinances (Ch. 36 of the 1981 Code). Amendments
noted where applicable.]
There shall be a City Planning Board appointed by the Mayor, which Board
shall consist of seven members with no more than a minority holding any other
public office or position. The terms of the officials or employees of the
City shall terminate with the term of the Mayor. The initial appointments
of as nearly as possible 1/3 of the other members of the Board shall be for
a term of one year, 1/3 for a term of two years and 1/3 for a term of three
years, and terms of their successors shall be for three years. Vacancies,
other than by expiration of term, shall be filled by the Mayor.
Such members shall receive no payment for their services as members
of the Planning Board. 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.
The Chairman of the Planning Board shall be designated by the Mayor.
The Planning Board shall have the power and authority to employ experts
and a staff and to pay for their services and such other expenses as may be
necessary and proper, not exceeding in all the appropriation that may be made
for such Board.
The Planning Board may 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 or any other statute, after public hearing by the Planning
Board and subject to the approval of the Common Council.
The Planning Board shall have and exercise the following powers and
duties:
A.
Planning generally; maps and reports. To prepare and
change a master plan for the development of the entire area of the City; to
make investigations, maps, reports and recommendations relating to the planning
of the City and its growth and affording adequate facilities for the housing,
transportation, distribution, comfort, convenience, safety, health and welfare
of its population.
B.
Approval of plats; duty of City Clerk-Treasurer. To approve
all plats showing any streets or highways within the City, and the City Clerk-Treasurer
is hereby authorized and charged with the duty of filing in the office of
the Clerk of the County of Orange a certificate showing that the Planning
Board has been authorized to approve the plats, and the City Clerk-Treasurer
shall issue in behalf of the Planning Board the certificate of failure to
take action in accordance with the provisions of § 32 of the General
City Law.
C.
Subdivision plats; action on street changes. To approve
or disapprove changes in the lines of existing streets, highways or public
areas shown on subdivision plats or maps filed in the County Clerk's office.
D.
Subdivision plats; action on zoning regulations. Simultaneously
with the approval of any such plat, to confirm and make changes in the zoning
regulations applicable to the land included in any such plat in accordance
with the provisions of § 37 of the General City Law and amendments
thereto.
E.
Other powers; conduct of hearings. The Planning Board
shall also exercise all other powers conferred upon it by the provisions of
the General City Law and shall pass upon all matters which may be referred
to it from time to time by resolution of the Common Council. It shall conduct
hearings and perform its duties in accordance with such procedure as provided
in §§ 29 to 34 of the General City Law and acts amendatory
thereof.
A.
Written request. For the convenient and orderly transaction
of all business before the Board, a written request will be extended or accepted,
as the need arises, for any person to appear before the Board.
B.
Scope of authority. The Board, on its own motion, may
consider all matters within its power and authority; all other matters shall
be referred to it by the Common Council except the approval of plats, application
for which shall be made directly to the Board.
C.
Reports and recommendations. Reports and recommendations
of the Board will be in writing.
A.
Notice to be published. Notice of a public hearing to
be held by the Board shall be advertised at least once in an official newspaper
or in a newspaper of general circulation in the City at least five days before
each such hearing.
B.
Contents of notice. The notice of public hearing shall
include the date and time when and the place where said hearing is to be held,
together with a brief statement of the purpose of the hearing.
C.
Presiding officer. The Chairman of the Planning Board
shall preside at each public hearing unless he designates some other Board
member to preside. If the Chairman is unwilling or unable to preside and fails
to designate a substitute, a quorum of the Board shall designate one of its
members to preside.
D.
Notice to be read; list prepared. At each public hearing
the published notice thereof with proof of publication shall be read, and
the presiding officer shall then cause a written list to be prepared of the
name and address of each person who desires to be heard and on whose behalf
he appears, and it shall be proper for the presiding officer to indicate the
amount of time available for each speaker.
E.
Minutes. Minutes of each public hearing shall be kept
by the Board, and it shall be permissible to record verbatim the remarks of
any person who speaks at said hearing.
[Added 3-24-1986 by L.L. No. 1-1986;
amended 7-27-1987 by L.L. No. 6-1987]
A.
Every application for either site development plan approval
or subdivision approval shall be accompanied by a fee, payable to the City
Clerk-Treasurer, in accordance with the fee schedule set forth herein.
B.
In order to determine the proper fee, the applicant shall
submit an affidavit to the Building Official setting forth the estimated value
of the project.
C.
Applications for approval of conditional uses shall be subject to the same fee as would be imposed pursuant to Subsection A above.
E.
If the actual cost of construction differs from the value set forth in the affidavit submitted pursuant to Subsection B, the applicant shall pay the additional fee due prior to the issuance of a certificate of occupancy.
F.
No public hearing shall be scheduled unless and until
the appropriate fee is paid.
A.
Pursuant to § 27 of the General City Law, alternate
Planning Board positions for the City of Port Jervis Planning Board are hereby
established for use when a regular member cannot participate due to a conflict
of interest.
B.
Pursuant to the Municipal Home Rule Law, alternate Planning Board
members may also serve in place of a regular member who is absent.
C.
The term for the alternate Planning Board members shall run concurrently
with the terms of current members.
D.
Alternate members of the Planning Board shall be appointed by
the Mayor.
E.
The Mayor may appoint up to three alternate Planning Board members.
