A Planning Board is hereby established in accordance
with the provisions of the General City Law and other statutes of
the State of New York applicable thereto.
[Amended 3-3-2010 by L.L. No. 2-2010]
A.
There shall be appointed by the Mayor, seven members of a Planning
Board, who shall serve with compensation set by the Common Council.
B.
Of the members of the Planning Board appointed under the provisions
hereof, the appointment of as nearly as possible of 1/3 of the members
of the Board shall be for a term of one year, 1/3 for a term of two
years and 1/3 for a term of three years. At the expiration of such
terms, the terms of office of their successors shall be three years
so that the term of office of 1/3 of such members of such Board, as
nearly as possible, shall expire each year.
C.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by appointment for the unexpired term.
D.
The Planning Board shall choose its own Chairman.
E.
The Board shall hold meetings as provided in its rules or at the
call of its Chairman and shall keep full and complete minutes of the
meetings and all hearings and proceedings of the Board.
F.
The Chief Building Inspector, or such member of his staff as he shall
delegate, shall act as consultant to the Planning Board and Secretary
to the Planning Board.
G.
Each member shall attend, in each calendar year, at least 75% of
all meetings.
Powers and duties of the Planning Board shall
be as follows:
A.
To prepare, adopt and from time to time revise a Comprehensive
Master Plan containing recommendations for the orderly physical development
of the City, including the rehabilitation or redevelopment of blighted
or deteriorated areas therein. Such plan shall include a generalized
plan of land use and population density and a plan of major facilities
for traffic and transportation of all kinds, with routes and terminals
therefor, and may include any other subject relating to the physical
development of the City. The subjects of the Master Plan may be presented
in the form of maps, charts, diagrams, statements of standards or
reports as may be appropriate.
B.
To advise the Mayor and Common Council or any other
body, department, official or agency having jurisdiction with respect
to any subject of the Master Plan or to any policy or procedure relating
thereto, to the end that the Master Plan shall serve as a guide for
public policies, procedures and actions relating to the subjects thereon.
C.
To study and consider all proposed amendments to the
Zoning Ordinance of the City, including all proposed changes in the
boundaries of districts established thereby, and to submit to the
Mayor and Common Council a definite recommendation thereon previous
to the adoption of any amendment by the Common Council.
D.
To pass on the plats of all proposed subdivisions.
(1)
Every map or plat showing a subdivision of land within
the City into lots, plots or blocks, hereinafter referred to as a
plat, shall, before being filed in the office of the Clerk of Niagara
County, State of New York, be submitted to and approved by the Planning
Board and by the City Engineer and shall be submitted to and stamped
by the City Assessor. A copy of every such plat shall be filed in
each of the respective offices of the Planning Board, City Engineer
and City Assessor. Said Clerk shall not record any such plat unless
it has been approved and stamped as herein provided.
(2)
The Planning Board shall approve, subject to modification,
or disapprove the plat of any subdivision within 45 days from and
after the time of submission of the same to it; otherwise such plat
shall be deemed to have been approved, and a certificate as to the
date of submission of the plat and the failure of the Planning Board
to take action thereon within 45 days thereafter, shall be issued
by the Secretary of the Planning Board on demand and shall be sufficient
in lieu of the written endorsement or other evidence of approval by
the Planning Board. Before acting on any plat, the Planning Board
shall hold a public hearing thereon, notice of which shall be given
by publication in the official newspaper of the City. Such hearing
may be held on either the plat in final form or on a preliminary plat,
or both. The grounds for disapproval of any plat shall be fully stated
in the records of the Planning Board, and a copy of such statement
shall be furnished to the subdivider. The approval by the Planning
Board of the plat, or the certificate as to the date of the submission
of such plat, and the failure of said Board to take action thereon
within 45 days shall expire six months from the date of such approval
or of such certificate unless the plat shall have been recorded in
the meantime. Upon recording a plat, the streets shown thereon shall
become a part of the Official Map of the City.
(3)
After holding a public hearing, notice of which shall
be given by publication in the official newspaper of the City, and
after approval by the Common Council, the Planning Board shall adopt
regulations covering the design and layout of the subdivisions and
the improvements to be required therein, together with procedures
governing the preparation and filing of preliminary and final plats
and action thereon and the installation of improvements, including
the requirement that a performance bond shall be filed to cover any
improvements that have not been completed by the time of approval
of the final plat. All subdivisions, the plats thereof, action on
such plats and the installation of improvements in subdivisions shall
conform to such regulations.
(4)
Every plat submitted to the City Engineer shall be
accompanied by a deed from the owner of the land within the streets
appearing on said plat, conveying to the City the deed of such land,
and which deed shall be approved by the Corporation Counsel of the
City. Such deed thus approved when delivered to the City Assessor,
shall be by him delivered to the City Clerk for recording in said
County Clerk's office.
(5)
Every deed of conveyance of land, including wills,
exemplifications of record and land contracts, relating to land in
the City, shall be presented to the City Assessor and stamped by him
before it shall be recorded in said County Clerk's office, and said
Clerk shall not record any such deed, will, exemplification of record
or contract unless so stamped under the penalties prescribed in this
section. Nothing herein shall affect the record of an unstamped deed,
exemplification of record or contract.
E.
To advise the Common Council with respect to the proposed
acquisition or alienation of land. The Common Council shall not acquire
any land for any purpose by any means except by tax foreclosure and
shall not alienate any land by any means until such proposed acquisition
or alienation shall first have been referred to the Planning Board
for a report thereon, provided that failure of the Planning Board
to report within 45 days after reference to it of such proposed acquisition
or alienation shall be deemed to be approved thereon; provided further,
that if the Common Council shall find by unanimous vote that the immediate
acquisition of a specified parcel of land would be in the public interest,
it need not refer the proposed acquisition thereof to the Planning
Board.
F.
To advise the Common Council with respect to any proposed
change in the Official Map of the City as hereinbefore provided.
G.
To review applications and appeals.
(1)
Referral from the Zoning Board of Appeals. The Zoning
Board of Appeals shall refer to the Planning Board all applications
or appeals, which in its opinion, require review by the Planning Board.
(3)
Report to the Board of Appeals. The Planning Board
may approve, disapprove or approve subject to conditions or modifications
and shall report its findings to the Zoning Board of Appeals within
45 days of receipt thereof; such reports shall state all recommended
conditions and modifications and the reasons for such approval or
disapproval.
H.
Review of other applications. The Building Inspector
shall refer to the Planning Board all other applications requiring
Planning Board review and recommendations as outlined in other sections
of this chapter.
I.
To act on any matter on which the Planning Board is
required or authorized to act by the provisions of this chapter or
of any ordinance of the City or of general law or by any action of
the Common Council.
J.
Review procedure. All plans, plats and proposals subject
to review by the Planning Board shall be submitted to the office of
the Building Inspector a minimum of seven days prior to the date of
the meeting. Any plans, plats or proposals submitted after that date
will be heard at the next regular meeting.
K.
Each request for rezoning shall be accompanied by
a fee of $100 or $50 per half-acre, whichever is greater.
[Added 3-20-1991]
