[Amended 6-16-2011 by L.L. No. 5-2011[1]; 11-7-2012 by L.L. No. 4-2012[2]; 11-3-2021 by L.L. No. 2022-07]
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 or the Common Council.
[Amended 11-3-2021 by L.L. No. 2022-07]
K.
Carrying out of such additional functions and duties
of a related nature as shall be assigned by the Board, the City Manager
or the Common Council.
[Amended 11-3-2021 by L.L. No. 2022-07]
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.
[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.
[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.
[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.
[Amended 11-3-2021 by L.L. No. 2022-07]
(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.
[Amended 11-3-2021 by L.L. No. 2022-07]
(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.
[Amended 11-3-2021 by L.L. No. 2022-07]
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 City Manager or Common Council.
[Amended 11-3-2021 by L.L. No. 2022-07]
