City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[Amended 6-16-2011 by L.L. No. 5-2011[1]; 11-7-2012 by L.L. No. 4-2012[2]]
There shall be a Department of Planning, Building and Development headed by a Director of Planning and Development. Among his/her functions and duties, but not by way of limitation, shall be the:
A. 
Preparation annually, of work plan for the Department and, following its adoption by the Board of Planning and Development, and approval by the Common Council, administer the Department and its personnel in accordance with its provisions.
B. 
Provision of staff service to the Board of Planning and Development in preparing, maintaining and amending a general plan for the City and, following its adoption by the Board and promulgation by the Common Council, acting as their agent in monitoring compliance therewith.
C. 
Assistance to the Board, at its request or on his/her own initiative, in carrying out its statutory and advisory duties.
D. 
Development, under the supervision of the Board, of a firm plan in support of policies and actions designed to improve the physical, economic and social conditions of the city.
E. 
Acting as Secretary of the Capital Program Committee, providing it and other relevant committees and boards with essential staff service, including, but not limited to, the Capital Improvement Review Committee, the Planning and Development Committee and the Human Services Committee of the Common Council, all subject to policy approval by the Board and within the limitations of budget and staff provided for these purposes.
F. 
Conducting such neighborhood and functional area studies and related research as shall be authorized by the Board in support of physical, economic and social programs for the city.
G. 
Acting as the central resource within the City government for information regarding available outside funding or service and, upon authorization to proceed in obtaining same, assisting of the relevant departments or other units in obtaining same.
H. 
Maintenance of contact with state and federal agencies whose funding and services are utilized by the City for physical, economic or social benefits and monitoring of compliance with their requirements for receiving these benefits.
I. 
Maintenance of contact with other governmental and quasi-governmental agencies, regional and otherwise, whose functions and operations may affect the city's planning.
J. 
Service on and provision of service to such bodies as may be concerned with landmark preservation, beautification and the like, as mandated by applicable law or policy decisions of the Board, the Mayor or the Common Council.
K. 
Carrying out of such additional functions and duties of a related nature as shall be assigned by the Board, the Mayor or the Common Council.
L. 
Administration and assurance of compliance with housing standards, as specified in § 210-75 of the Ithaca City Code.
[Added 6-5-2013 by Ord. No. 2013-15[3]]
[3]
Editor's Note: This ordinance provided for an effective date of 1-1-2014. This ordinance also redesignated former Subsection L as Subsection M.
M. 
Notwithstanding any other provision of the City Code, all powers, responsibilities, procedures, rights, and penalties in this Code or in rules created thereunder specifying, compelling, or permitting the administration, enforcement, or other participation of the Department of Planning and Development shall be invested in and associated with the Department of Planning, Building and Development.
[1]
Editor's Note: This local law passed at referendum on 11-8-2011.
[2]
Editor’s Note: This local law also amended the title of this article, which was formerly Department of Planning and Development.
[Amended 4-21-1994 by L.L. No. 3-1994]
A. 
Creation, appointment and organization.
(1) 
There shall be a Planning and Development Board, also known as the "Planning Board," consisting of seven members, each of whom shall be appointed by the Mayor with the consent of Common Council. There shall be one member from the Board of Public Works. The Mayor shall appoint one member of the Planning and Development Board to serve as Chairperson. In the absence of a Chairperson, the Planning and Development Board may designate a member to serve as Chairperson. In making such appointments, the Mayor may require Planning and Development Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The term of office shall be three years, and the terms shall be staggered, except for the member appointed from the Board of Public Works. With respect to that member, the term of office shall be two years and shall coincide with his or her term of office as a member of the Board of Public Works.
[Amended 4-22-1997 by L.L. No. 2-1997;[1] 8-7-1997 by L.L. No. 11-1997[2]; 10-4-2000 by L.L. No. 4-2000]
[1]
Editor's Note: The City determined during 1996 that several local laws enacted by Common Council during the last 30 years were subject to the mandatory referendum requirement of the New York Municipal Home Rule Law but were not in fact submitted to or approved by referenda. Local Law No. 2-1997 corrects the text of the Ithaca City Code by deleting language inserted pursuant to unapproved and therefore invalid local laws and reinserting the preexisting language which is still legally effective.
[2]
Editor's Note: This local law was passed over the Mayor's veto on 10-2-1996, was passed at referendum on 11-4-1997, and repassed over the Mayor's reveto 11-5-1997. Section 1 of this local law provided as follows: "Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this local law is intended to give effect to the change made by Local Law 3-1994, which intended to amend § 4-23A(1) of the Ithaca City Code but was not submitted to a referendum, through the adoption of this local law and its submission to a referendum."
(2) 
Legislative body members ineligible. No person who is a member of the Common Council shall be eligible for membership on such Planning and Development Board.
[Added 10-4-2000 by L.L. No. 4-2000[3] ]
[3]
Editor's Note: This local law also renumbered former Subsection A(2) through (7) as A(3) through (8), respectively.
(3) 
Vacancy in office. If a vacancy shall occur, otherwise than by expiration of term, the Mayor, with the consent of Common Council, shall appoint a new member for the unexpired term.
(4) 
Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Planning and Development Board for cause. Any Board member may be removed for noncompliance with minimum standards relating to meeting attendance and training as established by the Common Council.
(5) 
Compatibility of officers. The municipal officials or employees 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. No municipal officer or employee shall be appointed to the Planning and Development Board in the event that such officer or employee cannot carry out the duties of his or her position without a conflict in the performance of his or her duties as a member of the Board.
(6) 
Chairperson duties. All meetings of the Planning and Development Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(7) 
Service on other planning boards. No person shall be disqualified from serving as a member of the City Planning and Development Board by reason of serving as a member of a County Planning Board.
(8) 
Rules and regulations. The Planning and Development Board may recommend to the Common Council regulations relating to any subject matter over which the Board has jurisdiction under this article or under any other statute or under any other local law or ordinance of the city.
B. 
Powers and duties. Among its powers and duties, but not by way of limitation, shall be:
(1) 
Carrying out the statutory responsibilities of a City Planning Board, including:
(a) 
Receiving and acting upon subdivision and site plan review requests.
(b) 
Making reports to the Board of Zoning Appeals, if it so chooses, concerning the granting of variances and special permits.
(c) 
Advising the Common Council regarding the preparation and revision of the city ordinances related to planning, zoning, site plan review, signs, mobile home parks, subdivisions, historic landmarks and/or districts, land use and related subjects properly within its jurisdiction (with the exception of minor and nonsubstantive changes or amendments as set forth in § 325-45 of the City of Ithaca Municipal Code).
[Amended 5-2-2001 by L.L. No. 4-2001]
(d) 
Reviewing major capital proposals for compliance with the comprehensive plan of the City and reporting thereon.
(e) 
Developing and, as needed, amending the Official City Map and directing the Engineering Division of the Department of Public Works to reflect these decisions in the preparation and promulgation of the City Map.
(2) 
Initiating, preparing and adopting a comprehensive plan for the City for subsequent adoption by the Common Council, with staff service provided by the Director of Planning and Development.
(3) 
Reviewing periodically, preparing and adopting amendments to the comprehensive plan for subsequent adoption by the Common Council.
(4) 
Making recommendations to the Board of Public Works and the Common Council regarding the siting of major public improvements serving the city, in accordance with the comprehensive plan.
(5) 
Making recommendations to the Common Council and the Board of Public Works concerning the sale, purchase or use of City lands and buildings.
(6) 
Initiating and supervising the development of a data base, including the demographic, economic, social and business data to support the economic and social needs and opportunities of the city.
(7) 
Considering, advising upon and supporting appropriate capital, economic and social programs for the benefit of the City and its people.
(8) 
Assisting the Director of Planning and Development in locating and developing sources of financial and other assistance for physical, economic and social development, and recommending appropriate action by the Common Council concerning the same.
(9) 
Advising and assisting in making relevant neighborhood and functional area studies, including but not limited to economic development, transportation, recreation, housing, delivery of human services and environmental systems throughout the city.
(10) 
Making recommendations concerning the annual work program for the Department of Planning and Development for subsequent adoption by the Common Council.
(11) 
Making recommendations to the Director of Planning and Development concerning the organization, budget and internal operations of the Department of Planning and Development.
(12) 
Serving as a link between the City government and organizations and private citizens in its field of interest and competence.
(13) 
Undertaking such related functions and duties as shall be requested of it by the Mayor or Common Council.