[Adopted 3-28-1991 by L.L. No. 2-1991
as Ch. 8 of the 1991 Code]
This Part 1 shall be known and may be cited as the "City of Auburn Planning
Ordinance."
In case of conflict between any provisions in this Part 1 and Article 3 of the General City Law, the provisions of Article 3 of the General City Law shall control. It is intended by the enactment of this Part 1 that the procedures set forth herein shall be in addition to and complementary to Article 3 of the General City Law.
There shall be a City Planning Board appointed by the Mayor.
A.
Terms. The Board shall consist of seven members, two
of whom may be officials of the City. The City Engineer shall also be an ex
officio member of the Planning Board without the right to vote. The respective
terms of the members, other than officers of the City, first appointed shall
be one, two and three years from and after appointment, and their successors
shall be appointed for a term of three years from and after the expiration
of the term of their predecessors in office. The terms of municipal officers
shall expire upon the expiration of the term of the Mayor.
B.
Vacancies. If a vacancy shall occur other than by expiration
of term, it shall be filled by appointment for the unexpired term. Any member
may be removed by the appointing authority for cause and after a public hearing.
C.
Compensation. The members of the Planning Board shall
receive no payment for their services as members thereof.
The municipal officials on the Planning 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 held by them during
such membership.
The Chairman of the City Planning Board shall be designated by the Mayor
at the beginning of each calendar year for a one-year term, but upon his or
her failure to do so, said Chairman shall be elected from and by the Board
members.
The City Manager shall have the power and authority to employ experts
and a staff upon request of the City Planning Board and to approve such other
expenses of the Board as may be necessary and proper, not exceeding in all
the appropriation that may be made for such Board by the Council.
The City 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 Part 1 or any other statute, ordinance or law, after
public hearing by the City Planning Board and subject to the approval of the
Council.
A.
Preparation, contents and purpose. The City Planning
Board shall prepare and may change a Comprehensive Master Plan for the development
of the entire area of the City, 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, pierhead and bulkhead lines, waterways and routes of public
utilities and such other features, existing and proposed, as will provide
for the protection and improvement of the City 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.
B.
Approval. The Master Plan and modifications thereon shall
be submitted to the Council for its final approval. When so approved the Master
Plan and all its modifications thereof shall be on file in the office of the
City Planning Board, and certified copies thereof shall be filed in the offices
of the City Engineer and the City Clerk.
A.
Prerequisite to final action. The board, commission or
agency having final jurisdiction over any matter in which the City Planning
Board also has jurisdiction shall not proceed to such final action until after
referral to the City Planning Board and the City Planning Board has made its
final report thereon to such board, commission or agency.
B.
Time for making report. If the City Planning Board shall
not have made its final report thereon within 45 days from the date of reference
thereto, the board, commission or agency having final jurisdiction may proceed
to final action.
C.
Extension of time. This section shall not be construed
to prevent the Council from granting, in any specific case, such longer period
as it may fix within which the City Planning Board may make its final report,
and if such longer period is granted, the board, commission or agency having
final jurisdiction shall not, in the absence of such report, proceed to final
action until that longer period shall have elapsed.
No plat of a subdivision of land showing lots, blocks or sites, with
or without streets or highways, shall be filed or recorded in the office of
the County Clerk of Cayuga County until it has been approved by the City Planning
Board or a certificate has been issued by the City Clerk of the failure of
the City Planning Board to take action within the time specified in this Part
1.
Grounds for refusal to approve a plan, plat or description shall be
set out in the records of the City Planning Board.
A.
Duration. The approval by the City Planning Board or
the certificate of the City Clerk as to the date of submission of the plat
and the failure of the City Planning Board to take action thereon within 45
days shall expire 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 of Cayuga County.
B.
Duty of City Clerk. The City Clerk is hereby authorized
and charged with the duty of filing in the office of the County Clerk of Cayuga
County a certificate showing that the City Planning Board has been so authorized
to approve plats, and the City Clerk shall issue the aforementioned certificate
of failure to take action as aforementioned.
A.
Contents. Before the approval by the City Planning Board
of a plat, such plat shall show, in proper cases and when required by the
City Planning Board, a park or parks suitably located for playground or other
recreational purposes. In approving such plats the City 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 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 City Planning Board and
the location thereof shall be shown on the map of such plat; that the parks
shall be of reasonable size for 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, streetlighting standards, curbs,
gutters, street trees, water mains, sanitary sewers and storm drains or combined
sewers shall be installed in accordance with standards, specifications and
procedures acceptable to the appropriate municipal departments.
B.
Performance bond in lieu of improvements. Alternatively,
a performance bond sufficient to cover the full cost of the same as estimated
by the City Planning Board or other appropriate municipal department designated
by the City Planning Board may be filed as hereinafter provided.
C.
Waiver of requirements. The City Planning Board may waive,
subject to appropriate conditions and guaranties, for such period as it may
determine, the requirements 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.
A.
Approval. The performance bond provided for in § 225-15 shall be issued by a bonding or surety company approved by the Corporation Counsel as to form, sufficiency and manner of execution.
B.
Duration. Such performance bond shall run for a term
to be fixed by the City Planning Board but in no case for a longer term than
three years; provided, however, that the term of the performance bond may
be extended by the City Planning Board with the consent of the parties thereto.
C.
Reduction in bond. If the City Planning Board shall decide
at any time during the term of the performance bond that the extent of the
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 article and required
by the City Planning Board in sufficient amount to warrant reduction in the
face amount of such bond, the City Planning Board, after due notice and public
hearing, may modify its requirements for any or all of such improvements,
and the face value will cover the cost in full of the amended list of improvements
required by the City Planning Board, and any security deposited with the bond
may be reduced proportionately.
D.
Default. In the event that any required improvements
have not been installed within the term of the performance bond, the Council
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 any determination hereunder regarding streets, highways, parks
and required improvements, the City Planning Board shall take into consideration
the prospective character of the development, whether dense residence, open
residence, business or industrial.
The City Planning Board is authorized and empowered, simultaneously
with approval of such plats provided for in this article, to confirm the zoning
regulations of land so platted as shown on the Official Zoning Map of the
City and to make such reasonable changes therein as may be necessary or proper
to improve or protect the interests of the City in its public health, safety
and general welfare in accordance with § 37 of the General City
Law.
