[HISTORY: Adopted by the Common Council of the City of Oswego 5-12-1980
as Ch. 40 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 15.
The purpose of this chapter is to promote, improve and protect the interests
of the City of Oswego and its citizens and the public health, safety and general
welfare thereof and provide guidance in public improvements and in the expansion
and growth of said city.
There shall be a City Planning Board consisting of seven (7) members
and four (4) alternate members to be appointed by the Mayor. Two (2) of the
members of said Board shall be officials of the City of Oswego, viz., the
City Engineer and one (1) other city official to be designated and appointed
by the Mayor. None of the other five (5) members of the Board shall hold any
other public office or position in the City of Oswego. The terms of the two
(2) official members of the Board shall terminate with that of the appointing
Mayor. Of the other five (5) members appointed to the Board, the term of one
(1) member shall be of one (1) year; two (2) members shall be of two (2) years;
and two (2) members shall be of three (3) years. At the expiration of such
terms, the terms of office of their successors shall be three (3) years, so
that the term of office of one (1) or two (2) such members of such Board shall
expire each year. The four (4) alternates shall be appointed in staggered
terms to correspond with the terms of the five (5) members who are appointed
by the Mayor. Their successors and the successors of those first appointed
to such office shall be appointed for the term of three (3) years from and
after the expiration of the term of their predecessors in office. The members
of such Board who shall be in office at the time this chapter shall pass shall
continue in office until the end of the term for which they were appointed
and their successors have been appointed, as herein provided, and have qualified,
and the terms of office of the two (2) additional members of the Board herein
provided for shall expire one (1) on December 31, 1956, and one (1) on December
31, 1957. Members of the City Planning Board shall continue in office until
the end of the term for which they are appointed and their successors have
been appointed, as herein provided, and have qualified. If a vacancy shall
occur otherwise than by expiration of term, it shall be filled by appointment
of the Mayor for the unexpired term. The city 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
or position held by them during such membership. To qualify for appointment
to such Board, a person must be a resident of the City of Oswego, New York,
and must have reached the age of twenty-one (21) years at the time of his
appointment. Any member of the Board may be removed by the Mayor for cause
and after a public hearing.
The Mayor shall designate a member of said Planning Board to act as
Chairman thereof, or, on his failure to do so, the Planning Board shall elect
a Chairman from its own members. The City Engineer shall act as Secretary
of the Board. The 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 appropriations that may be
made for such Board, pursuant to the Charter of the City of Oswego.[1]
[1]
Editor's Note: See Charter at the beginning of the Code.
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 under any other ordinance, resolution, local law or
statute after public hearing by the Board and subject to the approval of the
Common Council.
The Planning Board shall meet at least once a month, as well as at the
call of the Chairman. It shall keep regular minutes of the business transacted
at each meeting, and, at the conclusion of each year, it shall prepare a report,
in writing, to the Mayor covering its activities and containing any recommendations
it desires to make. It shall keep accurate books of account of funds received
by it and expended by it and shall prepare an annual budget covering authorized
expenses, not exceeding in all the annual appropriation that may be approved
by the Common Council of the City of Oswego.
The Planning Board shall prepare and keep up to date a map or series
of maps showing thereon all property to which title is held by the City of
Oswego and which has been accepted through condemnation, donation, in rem
proceedings, tax proceedings, purchase or otherwise. Property owned by the
city shall be clearly marked on said map. The Planning Board shall prepare
or obtain and keep up to date a complete list of all property now so owned
by the City of Oswego, which list shall include the complete legal description
of such property, its location as to street and ward, together with any and
all other pertinent data in connection with or incidental to such property.
The Planning Board shall prepare and may, from time to time, modify
and change a comprehensive Master Plan for the development of the entire area
of the City of Oswego, which Master Plan shall show existing and proposed
streets, bridges, transportation terminals and facilities and tunnels and
the approaches thereto; viaducts, parks, public reservations, roadways in
parks, sites for public buildings and structures; zoning districts; pierhead
and bulkhead lines, waterways, routes of public utilities, docks and wharves,
routes or railroads and omnibuses; locations of drainage systems, sewers,
sewage-treatment plants, incinerators, water conduits and other public utilities,
privately or publicly owned; public parking spaces, airfields; and also the
removal, relocation, widening, narrowing, vacating, abandonment, change of
use or extension of any of the foregoing features of the plan, and such other
features, existing and proposed, as will provide for the improvement of the
City of Oswego in its future growth, protection and development and will afford
adequate facilities for the public housing, transportation, distribution,
comfort, convenience, public health, safety and general welfare of the population
of the said City of Oswego. Such Master Plan may also show any of the above-described
features in relation to areas outside the city limits and within the County
of Oswego.
Before adopting such Master Plan or any part thereof relating to the
area within the City of Oswego, the Planning Board may hold a public hearing
or hearings. Before adopting a modification of any part of such Master Plan,
the Planning Board may hold a public hearing or hearings. Such public hearings
shall be advertised in the official newspaper of the City of Oswego at least
one (1) time and at least ten (10) days prior to the holding of such hearing.
Such Master Plan and all modifications thereof shall be on file in the
office of the Planning Board, and the Planning Board shall file certified
copies thereof in the offices of the City Engineer and the City Clerk.
In the event that the Common Council shall adopt an Official City Map
and establish the same, pursuant to § 26 of the General City Law
of the State of New York, a certified copy thereof and all changes thereto
shall be filed in the office of the Planning Board.
After the establishment of an Official City Map as referred to in § 40-10 of this chapter and pursuant to § 329 of the General City Law, before making any additions or changes or amendments to said map, the Common Council shall refer such proposals to the Planning Board for report thereon, but if the Planning Board shall not make its report within thirty (30) days of such reference, it shall forfeit the right further to suspend action. The layout, widening or closing or the approval of the layout, widening or closing of streets, highways or parks by the city under provisions of any law shall be deemed to be a change or addition to the Official City Map.
The Common Council may refer any matter or class of matters to the Planning
Board before final action thereon by the public body or officer of the City
of Oswego having final authority thereon, with or without the provision that
final action thereon shall not be taken until said Planning Board has submitted
its report thereon or has had a reasonable time to submit such report. The
Planning Board shall have full power and authority to make such investigations,
maps and reports and recommendations in connection therewith relating to the
planning and development of the City of Oswego as to it seems desirable; provided,
however, that the total expenditures of said Board shall not exceed the appropriation
for its expenses.
The Planning Board is hereby authorized and empowered to approve plats
showing lots, blocks or sites, with or without streets or highways. Before
such approval is given, a public hearing shall be held by the Planning Board,
which hearing shall be advertised at least once in the official paper at least
five (5) days before such hearing. The Planning Board may thereupon approve,
modify and approve or disapprove such plat. Such approval or refusal to approve
shall take place within forty-five (45) days from and after the time of the
submission of the plat for approval. Otherwise, such plat shall be deemed
to have been approved, and the certificate of such submission of the plat
for approval and the failure to take action thereon within such time shall
be issued by the Planning Board on demand and shall be sufficient in lieu
of the written endorsement or other evidence of approval herein required.
The ground of refusal of any plat submitted shall be stated upon the records
of such Planning Board. Such certificates shall be issued on behalf of the
Planning Board by its Secretary. The City Clerk shall file with the Clerk
of the County of Oswego a certificate showing that the Planning Board has
been authorized and empowered to approve such plats and shall further certify
that the Secretary of the Planning Board shall issue in its behalf the certificate
of failure to take action as aforesaid, as well as certificates of approval
or disapproval. The approval by the Planning Board of a plat showing one (1)
or more new streets or highways, or the certificate of the Planning Board
as to the date of the submission of such plat and the failure of the Planning
Board to take action thereon within forty-five (45) days, shall expire ninety
(90) days from 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 Clerk of the County of Oswego.
Before the approval by the Planning Board of a plat showing lots, blocks
or sites, with or without streets or highways, such plat shall also show,
in proper cases and when required by the Planning Board, a park or parks suitably
located for playground or other recreation purposes. In the event that the
Planning Board finds that the plat presents a proper case for requiring a
park or parks suitably located for playgrounds or other recreational purposes,
but that a suitable park or parks of adequate size to meet the requirement
cannot be properly located on such plat, the Planning Board may require a
sum of money in lieu thereof, in an amount to be established by the Common
Council, in accordance with § 33 of the General City Law. In approving
such plat, the Planning Board 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 Official Map, if one be adopted and established, and properly related
to the proposals shown by the Planning Board on the Master Plan; that the
land shown on such plats shall be of such a character that it can be used
safely 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 Planning Board,
and the location thereof is shown on the map of such plat; and that the parks
shall be of reasonable size for neighborhood playgrounds or other recreation
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, fire-alarm cables and
necessary ducts, fire signal boxes and storm drains or combined sewers shall
be installed, all in accordance with standards, specifications and procedure
acceptable to the appropriate departments of the City of Oswego; or alternatively
that a performance bond sufficient to cover the full cost of the same as estimated
by the Planning Board or other appropriate city departments designated by
the Planning Board shall be furnished to the city by the owner; provided,
however, that the Planning Board may waive, subject to appropriate conditions
and guarantees of 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 interest 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 or by the owner with security
acceptable to the Common Council 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 Planning Board, but in no case for a longer
term than three (3) years; provided, however, that the term of such performance
bond may be extended by the Planning Board with the consent of the parties
thereto. If the Planning Board shall decide at any time during the term of
the performance bond that the extent of building development that has taken
place in the 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 by the Planning Board in sufficient amount
to warrant reduction in the face amount of said bond or that the character
and extent of such development requires additional improvements previously
waived for a period stated at the time of fixing the original terms of such
bond, the Planning Board may modify its requirements for any or all such improvements,
and the face value of such performance bond shall thereupon be reduced or
increased 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 Planning
Board and any security deposited with the bond may be reduced or increased
proportionately. In the event that any required improvements have not been
installed as provided in this section within the term of such performance
bond, the Common Council may thereupon declare said bond to be 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 are commensurate with the extent of 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 improvement, the Planning Board shall take into
consideration the prospective character of the development, whether dense
residence, open residence, business or industrial.
A.
The Planning Board is hereby empowered simultaneously
with the approval of any such plat either to confirm the zoning regulations
of the land so platted as shown on the Official Zoning Maps of the City of
Oswego or to make any reasonable change therein, and such Board is hereby
empowered to make such change. The owner of the land shown on the plat may
submit with the plat a proposed building plan indicating lots where group
houses for residences or apartment houses or local stores and shops are proposed
to be built; such building shall indicate for each lot or proposed building
unit the maximum density of population that may exist thereon and the minimum
yard requirements. Such plan, if approved by the Planning Board, shall modify,
change or supplement the zoning regulations of the land shown on the plat
within the limitations prescribed herein; provided, however, that for such
land so shown there shall not be a greater average density of population or
cover of the land with buildings than is permitted in the district wherein
such land lies, as shown on the Official Zoning Map. Such building plan shall
not be approved by the Planning Board unless in its judgment the appropriate
use of adjoining land is reasonably safeguarded and such plan is consistent
with the public welfare. Before the Board shall make any change in the zoning
regulations there shall be a public hearing preceded by the same notice as
in the case of the approval of the plat itself. On the filing of the plat
in the office of the County Clerk of the County of Oswego, such changes shall
be and become part of the zoning regulations of the City of Oswego and shall
be enforced in the same manner and shall be similarly subject to change.
