The Planning Commission shall be comprised of seven members
who shall be appointed by the Mayor. The chairperson shall serve for
a two year term, expiring at the end of each odd numbered year. The
six remaining members shall serve three year terms, with the terms
of two members to expire at the end of each year.
In addition to such other authority as may be provided in this
Act, the City Planning Commission shall have the power and authority
to employ experts and staff 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 Commission by the Common Council of the
City of Norwich.
The City Planning Commission may adopt rules and regulations
in respect to procedure before it and in respect to any subject matter
over which it has jurisdiction under any statute, ordinance, local
law or resolution.
The City Planning Commission shall prepare and may change a
comprehensive Master Plan for the development of the entire area of
the City of Norwich, which Master Plan shall show existing and proposed
streets, bridges and tunnels and approaches thereto, viaducts, parks,
public reservations, roadways in parks, sites for public buildings
and structures, zoning districts, routes of public utilities and such
other features existing and proposed as will provide for the protection
and improvement of the City of Norwich and its further growth and
development, and will afford adequate facilities for the public housing,
transportation, distribution, comfort, convenience, public health,
safety and general welfare of its population. The Master Plan and
all modifications thereof shall be on file in the office of the City
Planning Commission and certified copies thereof shall be filed in
the office of the City Engineer and City Clerk.
The City Planning Commission may advertise and hold public hearings
when it desires, notice of which hearings shall be advertised at least
once in the official newspaper of the City of Norwich at least five
(5) days before each such hearing.
The authority having final jurisdiction over any matter in which
the said City Planning Commission also has jurisdiction in accordance
with the aforementioned laws shall not proceed to such final action
until such City Planning Commission has made its final report thereon
to such authority, but if such City Planning Commission shall not
have made its final report thereon within forty-five (45) 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 Common Council from granting, in any specific case, such
longer period as it may fix within which said City Planning Commission
may make its final report, and if such longer period is granted, the
authority having final jurisdiction shall not, in the absence of such
report, proceed to final action until that longer period shall have
elapsed.
No plan, plat or description showing the layout of any highway
or street upon private property or of building lots in connection
with or in relation to such highways or streets within the limits
of this municipality shall be received for record in the office of
the Clerk of Chenango County until a copy thereof shall have been
filed with the City Planning Commission and it has certified with
relation to its approval or its refusal to approve. Before such approval
shall be given, formal offers of cession of all streets, highways
and parks not marked by notation on the plat as being retained under
private ownership shall be filed with the City Planning Commission,
and a public hearing shall be held by such Commission after being
advertised as provided in Section 155 herein. The City Planning Commission
may thereupon approve, modify and approve, or disapprove of such plat.
The approval required by this section or refusal to approve shall
take place within forty-five (45) days from and after the time of
submission of the plat to the City Planning Commission for approval;
otherwise such plat shall be deemed to have been approved and the
certificate of the City as to the date of submission of the plat for
approval and the failure of the City Planning Commission to take action
within such time shall be issued by the City Clerk on demand and shall
be sufficient in lieu of the written endorsement or other evidence
of an approval herein required. The ground of refusal shall be stated
in the records of the City Planning Commission. The approval by the
City Planning Commission or the certificate of the City Clerk as to
the date of submission of the plat and the failure of the City Planning
Commission to take action within such time shall be issued by the
City Clerk on demand and shall be sufficient in lieu of the written
endorsement or other evidence of an approval herein required. The
ground of refusal shall be stated in the records of the City Planning
Commission. The approval by the City Planning Commission to take action
thereon within forty-five (45) days shall expire ninety (90) days
after the date of such approval or of such certificate, unless within
such ninety-day period such plat shall have been duly filed or recorded
by the owner in the office of the County Clerk. The City Clerk is
hereby authorized and charged with the duty of filing in the office
of the County Clerk a certificate showing that the said City Planning
Commission has been so authorized and that the City Clerk shall issue
the aforementioned certificate of failure to take action as aforesaid.
Before the approval by the City Planning Commission of a plat,
such plat shall show in proper cases and when required by the City
Planning Commission, a park or parks suitably located for playground
or other recreational purposes. In approving such plats the City Planning
Commission shall require that the streets and highways shall be of
sufficient width and suitable grade and shall be suitably located
to accommodate the prospective traffic, to afford adequate light and
air, to facilitate fire protection, and to provide access of fire-fighting
equipment to buildings and to be coordinated so as to compose a convenient
system conforming to the Master Plan; that the land shown on such
plats shall be of such character that it can be safely used for building
purposes without danger to health or peril from fire, flood or other
menace; that suitable monuments have been placed at such block corners
and other necessary points as may be required by the City Planning
Commission, and the location thereof is shown on the map of such plat;
that the parks shall be of reasonable size for the neighborhood playgrounds
or other recreational uses; that all streets or other public places
shown on such plats shall be suitably graded and paved and that sidewalks,
street lighting standards, curbs, gutters, street trees, water mains,
sanitary sewers and storm drains or combined sewers shall be installed
in accordance with standards, specifications and procedure acceptable
to the appropriate municipal departments, or that alternatively a
performance bond sufficient to cover the full cost of the same as
estimated by the City Planning Commission or other appropriate municipal
department designated by the City Planning Commission shall be furnished
to the municipality by the owner; provided, however, that the City
Planning Commission may waive, subject to appropriate conditions and
guaranties, for such period as it may determine, the provision of
any or all such improvements as in its judgment of the special circumstances
of a particular plat or plats are not requisite in the interests of
the public health, safety and general welfare. Such performance bond
shall be issued by a bonding or surety company approved by the City
Attorney of the city, or a performance bond executed by the owner
with security acceptable to the legislative body, and shall also be
approved by the City Attorney as to form, sufficiency and manner of
execution. Such performance bond shall run for a term to be fixed
by the City Planning Commission, but in no case for a longer term
than three (3) years, provided, however, that the term of the performance
bond may be extended by the City Planning Commission with consent
of the parties thereto. If the City Planning Commission shall decide
at any time during the term of the performance bond that the extent
of the building development that has taken place in subdivision is
not sufficient to warrant all the improvements covered by such performance
bond, or that required improvements have been installed as provided
in this section and required by the City Planning Commission in sufficient
amount to warrant reduction in the face amount of such bond, the City
Planning Commission, after due notice and public hearing, may modify
its requirements for any or all such improvements and the face value
of such performance bond shall thereupon be reduced by an appropriate
amount so that the new face value will cover the cost in full of the
amended list of improvements required by the City Planning Commission,
and any security deposited with the bond may be reduced proportionately.
In the event required improvements have not been installed within
the term of the performance bond, the legislative body may thereupon
declare the performance bond in default and collect the sum remaining
payable thereunder, and upon receipt of the proceeds thereof the city
shall install such improvements as are covered by such performance
bond and commensurate with the building development that has taken
place in the subdivision, but not exceeding in cost the amount of
such proceeds.
In making such determination regarding streets, highways, parks
and required improvements, the City Planning Commission shall take
into consideration the prospective character of the development, whether
dense residence, open residence, business or industrial.
Insofar as provisions of law, other than those contained in
this local law, require approval of a plat, map or plan of land as
a prerequisite of its record, or to allow it to be recorded, said
provisions shall not be in force insofar as they apply to plats, maps
and plans of land within the limits of this municipality.
The City Planning Commission is authorized and empowered, simultaneously
with approval of such plat mentioned in Section 157, to conform the
zoning regulations of the land so platted as shown on the official
Zoning Map of the city, and to make such reasonable change therein
as may be necessary or proper to improve or protect the interest of
the city in its public health, safety and general welfare.