[Amended 6-10-2014 by L. L. No. 2-2014]
The intent of this Article is to define and
authorize the County planning function and establish an organizational
structure for its exercise in order to achieve the broad social, physical
and economic development objectives of the County. It is intended
that the County, through its comprehensive planning function, carry
out its responsibility to plan for and guide the orderly development
of the County in such a way as to minimize the costs of providing
public services, to protect the natural and cultural amenities of
the County and to assure the future desirability of the County as
a place in which to live and work.
[Amended 8-28-1980 by L.L. No. 5-1980; 6-9-1992 by L.L. No.
5-1992, approved 7-2-1992]
A.
Department established; Director. There shall be a Department of Planning and Development, the head of which shall be the Director of Planning and Development. The Director of Planning and Development shall be appointed by the County Executive, as set forth in § A9-2 of the Administrative Code.
B.
Powers and duties. The Director of Planning and Development
shall have the following powers and duties.
(1)
To advise the County Executive, County legislature,
planning board, departments, and other agencies with respect to any
matter relating to the development or redevelopment of the County
on which an opinion is requested, or upon which the Director of Planning
and Development deems it advisable to report;
(2)
To prepare and maintain a comprehensive development plan for the County as set forth in § C5-3 of this Article and Article X of the Administrative Code;
[Amended 6-10-2014 by L. L. No. 2-2014]
(3)
To assist in the preparation of a capital improvement program as set forth in § C4-10 of this charter and § A7-1 of the Administrative Code;
(4)
To exercise the powers of review and approval over land use pursuant to § C5-4 of this Article and §§ A10-5, A14-1 and A14-2 of the Administrative Code;
(5)
To perform development reviews and approvals as provided
for in Article 12-B of the General Municipal Law of the State of New
York, including the review of subdivisions pursuant to § 239-n
of said General Municipal Law, and to perform such other development
reviews as may be required by or may pertain to federal, state, regional,
County and local governmental agencies and actions;
(6)
To make available for planning purposes the services
of the technical staff to the local planning commissions and boards
of the cities, towns and villages within the County, provided that
staff resources are available for such services;
(7)
[1]To undertake advisory reviews, so as to achieve improved
coordination and integration of the planning and development programs
of cities, towns and villages within the County and of all other governmental
agencies, including the state agencies and public utilities operating
within and affecting the County;
[1]
Editor's Note: Former Subsection B(7), regarding the review
and coordination of planning and development programs, was repealed
6-10-2014 by L.L. No. 2-2014. This local law also renumbered former
Subsection B(8) through (19) as Subsection B(7) through (18), respectively.
(8)
To maintain, in accordance with Article XV of the
Administrative Code, basic data on the County's population, land use,
housing environmental status, human and natural resources and such
other matters; and to make such studies, analyses, plans and recommendations
as may be necessary in the exercise of the powers and performance
of the duties set forth in this Article;
[Amended 6-10-2014 by L. L. No. 2-2014]
(9)
To prepare, file, and examine various maps of the
County, as set forth in Article XV of the Administrative Code;
[Amended 6-10-2014 by L. L. No. 2-2014]
(10)
To serve as Secretary of the Planning Board;
[Amended 10-8-1996 by L.L. No. 7-1996,
approved 10-28-1996]
(11)
To plan for the County's future economic growth by
identifying development opportunities and targeting resources toward
such development;
(12)
To provide one place for businesses and developers
to obtain the planning, financing and technical assistance they need
to locate and thrive in Monroe County;
(13)
To administer such federal, state and local programs
and projects related to economic development and community infrastructure
which may be assigned to the Department by the County Executive;
(14)
To administer other County functions related to economic
development and community infrastructure which may be assigned to
the Department by the County Executive;
(15)
To monitor the economic effects and implications of
County and other governmental policies, regulatory programs and practices;
(16)
To create other divisions of this Department as required,
with the approval of the County Executive;
(17)
To coordinate and administer programs concerning employment
training and placement, especially for those who are unemployed or
underemployed.
[Added 11-22-1994 by L.L. No. 9-1994, approved 12-21-1994]
[Amended 6-9-1992 by L.L.
No. 5-1992; 6-10-2014 by L. L. No. 2-2014]
A.
Comprehensive Development Plan requirements. The County
shall have and maintain an official plan for the comprehensive social,
physical and economic development of the County, focusing primarily
on the services, functions and responsibilities of County government
as provided for in Section 239-d of the New York State General Municipal
Law.
B.
The Comprehensive Development Plan is intended to
serve as a guide for achieving the broad social, physical and economic
development objectives of the County. The plan is intended to give
direction to the actions of the County Legislature and of departments
and other agencies, as such actions affect the development of the
County, and it is intended to guide all official County plans and
policies for both services and capital facilities, including but not
limited to County plans and policies concerning human resources, public
safety services, physical and environmental resources and land use.
A.
Review and approval in the vicinity of publicly owned airports. The Director of Planning and Development shall have the authority of review and approval specified below in accordance with the procedures, standards and guidelines set forth in § A14-1 of the Administrative Code. Appeals from decisions of the Director of Planning and Development may be made to the Planning Board as set forth in § C5-5 of this Article.
(1)
For the purpose of governing the efficient use and
safe operation of publicly owned airports and for the purposes of
assuring that land use and land subdivision in the vicinity of publicly
owned airports will be of such character as not to subject undue concentrations
of people to aircraft crash hazards, aircraft noises or other adverse
impacts of airport operations, the Director of Planning and Development
shall have the power of review and approval over land use and land
subdivision, including the height of all structures:
(a)
Within one mile from the boundary line of any
publicly owned airport within the County; and
(b)
Within the approach/departure corridors of instrument-equipped
runways at such airports, not to exceed three miles in length from
the end of the runway and one mile in width, as shown on a map based
on Federal Aviation Administration standards prepared by the Director
of Planning and Development, said map to be approved by the Planning
Board.
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No map subdividing such land into lots for residential,
business or industrial purposes in such areas shall be accepted for
filing by the County Clerk unless it shall have been approved by the
Director of Planning and Development and shall have such approval
endorsed thereon.
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(2)
For the purpose of governing the efficient use and safe operation of publicly owned airports, the Director of Planning and Development shall have the power of review and approval over the height of any structure which is to be located outside the area defined in Subsection A(1) above, where the following two conditions obtain:
(a)
The structure is to be located within a distance
of seven miles from the nearest runway of any publicly owned airport
in the County; and
(b)
The structure is to be of greater height than
an imaginary surface extending outward and upward at a slope of one
hundred to one (100:1) from such runway. The elevation of runways
of the Greater Rochester International Airport[2] shall be considered to be 530 feet above mean sea level,
United States Geological Survey datum.
[2]
Editor's Note: The name of the airport has
been changed in this subsection pursuant to Res. No. 251-1987.
(3)
The height of structures described below shall be exempt from the review and approval of the Director of Planning and Development pursuant to this subsection; however, such structures shall not be exempt from review if located in the area defined in Subsection A(1) above.
(a)
Any structure that would be shielded by existing
structures of a permanent and substantial character or by natural
terrain or topographic features of equal or greater elevation, where
it is evident that the structure so shielded will not adversely affect
safety in air navigation;
(b)
Any antenna structure of no more than 20 feet
in height, except one that would increase the height of another antenna
structure to be combined total height of more than 20 feet; and
(c)
Any one-family or two-family home, including
any appurtenant structure which does not exceed the peak of the roof
of such home by a height of more than 20 feet.
B.
[3]Advisory review on land use. The Director of Planning and
Development shall have the power of review, with the right to render
advisory reports only, over land use and land subdivision:
(1)
Within 1/4 mile of the shoreline of Lake Ontario and
Irondequoit Bay.
(2)
Within the hundred-year floodplain of the Genesee
River, Irondequoit Creek, Black Creek, Little Black Creek, Oatka Creek,
Honeoye Creek, Red Creek and Salmon Creek.
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The Director of Planning and Development shall
complete such reviews within 30 days of the receipt of a complete
application, except that this thirty-day period may be extended by
agreement between the municipality and the Director of Planning and
Development.
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[3]
Editor's Note: Former Subsection B, review and approval in
relation to major street plan, was repealed 6-10-2014 by L.L. No.
2-2014. This local law also renumbered former Subsection C as Subsection
B and repealed former Subsection D, Advisory reviews on actions by
departments and other agencies.
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 2-1983.
[Amended 6-9-1992 by L.L. No. 5-1992,
approved 7-2-1992]
The Planning Board shall hear appeals from decisions
made by the Director of Planning and Development pursuant to §§ C5-3C(1)
and C5-4A and B and of this Article. The Planning Board may affirm,
modify or overrule such decisions. The Planning Board shall establish
and make public rules, regulations and criteria for acting upon such
appeals and shall include therein a reasonable time period within
which appeals shall be heard.
Opportunity shall be given for broad community participation in the development of County plans, policies and programs authorized by this Article. During the preparation and review of such County plans, policies and programs, the procedures for community participation, as set forth in §§ A16-1, A16-2 and A16-3 of the Administrative Code, shall be followed.
[Amended 6-28-1988 by L.L. No. 4-1988; 6-9-1992 by L.L. No.
5-1992, approved 7-2-1992;3-16-1993 by L.L. No. 2-1993, approved 4-8-1993; 9-10-1996 by L.L. No.
4-1996, approved 9-30-1996; 10-8-1996 by L.L. No. 7-1996,
approved 10-28-1996; 6-10-2014 by L. L. No. 2-2014]
There shall be a County Planning Board, whose
membership, procedures and duties shall be as specified below.
A.
Membership. The Planning Board shall consist of eight
citizens, three appointed by the County Legislature, four appointed
by the County Executive, representing local planning boards or zoning
boards of appeals, and one appointed by the Environmental Management
Council, two voting members from the Legislature (one member from
the majority party and one member from the minority party, both members
appointed by the President and confirmed by the Legislature) and five
voting ex officio members: the Assistant County Executive, the Director
of Public Safety, the Chief of Engineering and Facilities Management,
the Deputy County Executive and the Director of Finance. The eight
citizen members shall serve two-year terms; vacancies occurring among
the citizen members shall be filled by the appointing bodies within
30 days for the remainder of the unexpired term. The eight members
shall be residents of the County selected for their interest, experience
and expertise in areas of planning concern and shall be selected to
reflect the general socioeconomic composition of the County population.
At least one of the three citizen members appointed by the County
Legislature shall be a resident of the City of Rochester, and at least
one of the four citizen members appointed by the County Executive
shall be a member of the Planning Commission of the City of Rochester.
The two Legislature members shall serve at the pleasure of the Legislature.
B.
Procedures. The Director of Planning and Development,
or his or her designee, shall serve as Secretary of the Board. The
Chairperson of the Planning Board shall be selected by the Board from
its citizen members and shall serve a one-year term. The voting ex
officio members may designate alternates to represent them at meetings
of the Board. Such alternates, who shall be designated in advance
by written notice to the Board Chairperson, shall be entitled to vote
in the absence of the voting ex officio members whom they represent.
Alternates shall have the right to vote at not more than six meetings
of the Board in each calendar year. Unless otherwise provided by law,
any eight voting members of the Planning Board shall constitute a
quorum at any meeting duly held at a time fixed by law, by any bylaw
duly adopted by the Board, or on reasonable notice. A majority consisting
of at least eight affirmative votes shall be required for Board approval
of any matter. The members of the Planning Board shall receive no
compensation for their services as members thereof but may be reimbursed
for reasonable and necessary expenses incurred in the performance
of their duties within appropriations made available therefor. The
Planning Board may adopt, by a majority vote of its total membership,
such additional rules and procedures as are necessary for the efficient
and orderly conduct of its business.
C.
Powers and duties. The Planning Board shall have the
following powers and duties:
(1)
As set forth in § C4-10 of this Charter and § A7-1 of the Administrative Code, to review the capital improvement program prepared by the Department of Planning and Development and guidelines for the preparation thereof, to make written recommendations to the County Executive and the County Legislature on all capital projects contained in the program and on the priority of capital projects contained in the first year of the program and to review and make written recommendations on any capital project additions to the capital improvement program or capital budget.
(2)
As set forth in Article X of the Administrative Code,
to review the Comprehensive Development Plan and to submit its recommendations
thereon to the County Legislature and to approve any proposed amendments
to said plan prior to action being taken on such amendments by the
County Legislature.
[1]
Editor's Note: Former § C5-8, Related
board: County Planning Council, was repealed 10-8-1996 by L.L. No.
7-1996, approved 10-28-1996.
[1]
Editor's Note: Former § C5-9, Related
board: County Housing Commission, was repealed 10-8-1996 by L.L. No.
8-1996, approved 10-28-1996.
