[HISTORY: Adopted by the Common Council of the City of Fulton 5-10-1946, as amended 6-3-1952; 10-24-1957; 10-30-1991 by L.L. No. 4-1991 (Ch. 20 of the 1991 Code). Subsequent amendments noted where applicable.]
A Planning Commission is hereby created for the City of Fulton, New York, pursuant to Article 12-A of the General Municipal Law of the State of New York.
[Amended 5-2-2000 by L.L. No. 8-2000]
The Planning Commission shall consist of seven members who will be appointed by the Mayor, subject to approval of the Common Council of the City of Fulton, and the Common Council shall have authority to remove any member of such Commission for cause and after public hearing. Two members of said Commission shall be appointed for one-year terms, two members of said Commission shall be appointed for two-year terms, and three members of said Commission shall be appointed for three-year terms. At the expiration of such terms, the terms of office of their successors will be three years. All appointments to fill vacancies shall be for the unexpired term. No more than two of the members of said Commission shall hold any other City office. All members of said Commission shall be residents of the City.
The Planning Commission shall annually elect a Chairman from its own members. It shall have the power and authority to employ experts, clerks and a secretary and to pay for their services and such other expenses as may be necessary and proper, not exceeding, in all, the annual appropriation that may be made by the Common Council of the City of Fulton.
The following matters shall be referred for report thereon to the Commission by the Common Council before final action thereon by the Common Council:
The adoption of any map or plan of the City or part thereof, including drainage and sewer or water system plans or maps and plans or maps for any public water front, or marginal street, or public structure upon, in or in connection with such front or street or for any dredging, filling or fixing of lines with relation to said front.
Any change of any such maps or plans.
The location of any public structure upon, in or in connection with, or fixing lines with relation to, said front.
The location of any public building, bridge, statue or monument, highway, park, parkway, square, playground or recreation ground or public open place of the City of Fulton.
The Common Council of the City of Fulton may, at any time, by ordinance or resolution, fix the time within which said Planning Commission shall report upon any matter or class of matters to be referred to it, with or without the further provision that in default of report within the time so fixed, the Planning Commission shall forfeit the right further to suspend action, as aforesaid, with regard to the particular matter upon which it has so defaulted. In default of any such ordinance or resolution, no such action shall be taken until such report is so received, and no adoption, change, fixing or location, as aforesaid, by the Common Council of the City of Fulton prior thereto shall be valid. No ordinance or resolution shall deprive said Planning Commission of its right or relieve it of its duty to report, at such time as it deems proper upon any matter, at any time referred to it.
This section shall not be construed as intended to limit or impair the power of any Art Commission, Park Commission or Commissioner, now or hereafter existing by virtue of any provision of law, to refuse consent to the acceptance by the City of Fulton of the gift of any work of art to said City, without reference of the matter by reason of its proposed location or otherwise to said Planning Commission; nor shall this section be construed as intended to limit or impair any other power of any such Art Commission or affect the same, except insofar as it provides for reference or report, or both, on any matter before final action thereby by said Art Commission.
Prior to the Common Council authorizing the release, termination, abandonment or other action which results in or could result in a diminution of the subsurface water rights, aquifer rights, water drilling rights or any other right(s) affecting the subsurface water supply of the City of Fulton, whether such rights be situate within or without the corporate limits of the City of Fulton, the Common Council shall obtain a written recommendation from the Planning Commission.
The Planning Commission shall submit its recommendation to the Common Council within 60 days of receipt of the written request for a recommendation, which written request shall be made by any party in interest, including the Common Council or any official of the City of Fulton.
Nothing in this section shall be construed as requiring the Common Council to adopt or reject the recommendation of the Planning Commission. The role of the Planning Commission for the purposes of this section is deemed to be advisory only, and the Common Council is only required to review and consider the recommendation of the Planning Commission.
The Planning Commission may cause to be made a map or maps of the City of Fulton or any portion thereof, or of any land outside the City limits so near or so related thereto that, in the opinion of said Planning Commission, it should be so mapped. Such plans may show not only such matters as by law have been or may be referred to the Planning Commission, but also any and all matters and things with relation to the plan of the City of Fulton which to said Planning Commission seem necessary and proper, including recommendations and changes suggested by it, and any report, at any time made, may include any of the above. Such Planning Commission may obtain expert assistance in the making of any such maps or reports or in the investigations necessary and proper with relation thereto.
No plan, plot 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 highway or street shall, within the City limits, be received for record in the office of the clerk of the county where such real property is situated until a copy of said plan, plot or description has been filed with said Planning Commission and it has certified, with relation thereto, its approval thereof. Such certificate shall be recorded as a part of said original instrument containing said plan, plot or description. No such street or highway which has not received the approval of the Planning Commission shall be accepted by the City of Fulton until the matter has been referred to such Planning Commission under the provisions of § 110-4 of this chapter, but if any such street is plotted or laid out in accordance with the map of the City of Fulton, adopted according to law, then it shall not be necessary to file such copy or obtain or record such certificate.
The Planning Commission may make rules, not contrary to law, to govern its actions in carrying out the provisions of this chapter.
This chapter shall be construed as the grant of additional power and authority to the City of Fulton and not construed as intending to limit or impair any existing power or authority of the City.