HomeMy WebLinkAboutPowers & Duties of the Planning and Development Board - 1982 •
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S�pOr?�'t 0�
CITY OF ITHACA
102 EAST GREEN ST=_ET
ITHACA, NEW YORK 1 4S50
E rJc i ELEtHONE 27,1 713
ATTOFiNEY CODE 607
ME MORANDU •�
TO: William R. Shaw, Mayor _-_ - _
FROM: Paul N. Tavelli, City Attori �1.,,
DATE : April 15, 1982
kE: Planning and Development Board
I have researched your question concerning the powers , authority,
composition and appointments of members of the Planning Board and
comment as follows :
Section 27 of the General City Law authorizes a City by statute
or resolution to form a Planning Board. In the City's discretion
that Planning Board can consist of either five or seven members . At
the December 3, 1947 meeting of the CoItmon Council of the City of
Ithaca a Planning Board was established and by said resolut`ion the
Mayor is the appointing authority and that Planning Board is to consist
of seven members. There is to be one merber from the Common Council
and one member from the Board of Public Works. The terms are to be
for a period of three years with respect to the five non-council
i- r:bers . The terms of the Council member and the Board of Public Work
coincide with your term of office . The system is set up so that
the term of office , one-third of such meribers as nearly as possible
shall expire each year.
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a. &oz&-<.:,-t-G., ea.rita-z2 -te-4
By Alderman 2ru mons : seconded by. Aldermnn GaLuser:
MXX }KXX):Re it Enacted: That iz City Planning Commi swion
be created under the authority of Article 121 , Chapter 699,
General :!unicipal Law of New York State, to consist of seven
members to nerve without pay and to be comprised of one member
of the Common Council and one member of the Board of Public 'Works,
• to be appointed by the Mayor for duration of office ; and five
members at large to be appointed by the Mayor, one for one year,
to for two years, and two for three years, provided that as the
terms of such members expire their successors shall be appointed
for terms of three years. In addition, the mayor and City
Engineer shall sit ns advisory mexsbern, without vote.
DUTI?:9 •
�' — — —Maps and- Recomrendntionn ; The Planning Comr;_iasion may
• cause to be made a nap or maps of the City of Ithaca or any
portion thereof, or of any-land outside the limits of said City
so near or no related thereto that, in the opinion of the
Planning Conrcin lion, it should. be so snapped. Such map or lans:-.may
show any and all matters and things with relation to the plan of
said City which to the Planning Com-Am::don may seem necessary and
proper, including recowiendatione and changes suggested by it.
Private 'Streets: No plan, plot or description showing the
lay—out of any highways or street upon private property, or build-
ing lots in 'connection with or in relation to such highway or
street lying within the City of Ithaca shall be received for
record in the office of the Clerk of Tompkins County until-a
copy of said plan, plot, or.description has been filed with said
Commission and it has been certified with relation thereto its
approval thereof. Such Certificates shall be recorded as a part
of the record of said original instrument containing said plan,
plot -or description. Nor shall any such street or highway be
accepted by the City of Ithaca until the matter has been referred
to the City Planning Commission for report thereon.
GENERAL: Before final action upon the following matters
has been taken by the Common Council or by the Board of Public
Works they shall be referred to the City Planning Commission for
report thereon ; the location of any public building or bridge,
statue or monument, highway, park, parkway, square, playground .
or recreation ground or other public open apace of the City of
Ithaca, except that if the City Planning Commission does not return
its report within' thirty days of the date when such mutter in
referred to it, it shall thereby forfeit its right to further
- suspend action relative thereto.
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Z:')NXUG: .The City Planning Come ineion Shall also be the
Zoning Cor:;i scion.
FINANCES AND ANNUAL REPORT: At the end of each year the
Planning Commission shall submit to the Common Council a report
of its work during the year pant vom and a budget in detail of
estimated expenditures of the year to follow.
CLI:itICAL ui UJ E) i' A:;SI3TAi:CE: The Plnnning Comiosion
shall have the power and authority to employ expertn,clerks and a
secretary and to pay for their services mind ouvh other expenses
as may be necessary and proper, not exceeding in all the annual
appropriation that w_y be made for said Com:i onion.
ORGANIZATION AND PROCEDURE:1MJ ZE: The Coss=.:inaion shall appoint
its own Choi rman to hold office for the period of one year,
shall appoint its necretary and arrange for time and place of
meeting. It shall keep minutes of itn meetings and the same shall b
be a public record,
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COMMON COUNCIL PROCEEDINGS
City of Ithaca, N. Y.
Regular Meeting 5 P.M. Dec. 3, 1947
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PRESENT
Mayor Gibb •
Aldermen r- Thompson, Brown, Shurger, Houseweller, Gillette, Swenson, Morris,
Barnard, Slocum
Mayor-Elect r- Baker
Aldermen-Elect Parker, i•;acDaniels, Hulse, Button, Ames
Attorney Lee
'Welfare Director Post
Fire Commissioner - Reynold
Police Commissioner Chambers,-
Civil Service Commisdoner Benson.
. Secy Civil Service Commissioner F orden
Chamberlain Snyder
Clerk -SPringer
MINUTES Minutes of the Regular Meeting held Nov, 5th. and of the Special $01ut _ •
Meeting pith the Board of Public 'oaks held Nov. 25, 1947, were duly approved,
PLRKING W4ST BUFFALO ST, Police Commissioner- Chambers reported that the Police
Committee and Police Dept. are not in accord. on the matter of restricting parking
in W. Buffalo St. , between the new bridge and Taughannock Blvd., and in order •
to expedite traffic at that point, he requested the Council to prohibit all •
parking in the area.
It was stated that the matter would be discussed later in the meetings
PLANNING BOARD ESTABLISHED Mayor Gibb announced that it is now in order for the
Council to act upon the matter of the establishment of the new Planning Board,
which was approved in principal by the Council some time ago, and it was moved,
By Alderman Morris; Sec, by Ale. Shurger
"BE IT RESOLVED, by the Common Council of the City of Ithaca as follows;
1. There is hereby established within the City of Ithaca a Planning Board to
consist of seven members, each of whom shall be appointed by the Mayor. There -
shall be one member from the Common Council anr'one member from the Board of
Public Works. The remain r.Tg members shall be appointed as follows: Two members
for aperiod of one year; two members for a perio/ of two years and one member
for a period of three years. At the expiration of the respective terms of the
members other than the representatives of the Common Council and the Board of
tublic Works, the terms of office of their successors shall be for three years.
2, The powers and duties of the Planning Board shall be as set forth in Article
III of the General City Law in addition to the powers and duties as specified
in Article 12-A of the General Municipal Law.
3. The resolution creating the City rf Ithaca Planning Commission adopted at a
meeting of the Common Council held on March 3, 1926, is hereby rescinded and
revoked."
Unanimously Carried and Approved.
In announcing his appointments to the new Board, Mayor Gibb stated that
the representatives from the Council and Board of Public Works must be appointed
for a term to end • : with the appointing Mayors, but that Mayor-Elect Baker
h: s approved all appointments and will reappoint the representatives from the
Council and Board.
He also pointed out that each ward will be represented on the new Board.
APPOINTEENTS,PLANNIN?BOARD Following is the personnel of the Board as announced
by the Mayor.
0. T. Swenson Council Rep. Term expires l2 31-47
J. S. Barr B.P.V. n n rr n
Wm. Heid t Jr. 2nd Ward n n 12.31--45
ton Price 3rd Ward
H.Stillwell Brown 1st Ward ° r' 12.-31--49
J. V. Leonard 5th '.lard - tr rr rr
Mrs.R.C.Osborn 4th Ward e 'r •12-31-50
By Alderman Morris; Sec. by Ald. Slocum
Resolved, that the appointments as set forth above, be and they hereby •
are in all rests annroved and confirmed.
Carried.
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Art 3 Art. 3 OFFICIAL MAPS—PLANNING BOARDS § 27 ; " '4
situated a offs'property. Vangellow v. City of ed, a certificate must be filed in the i. ^h
IS situ i i ! '
official map.
Rochester, 71 N.Y.S.2d 672. office of the county clerk by the city.
An official city map need not be 14 Op.State Compt. 431, 1958 f i ill
1, eft April established but where it Is establish- ' ,S J ,:
§ 27. Planning board,creation and appointment : i
24, 33 et sea. Such legislative body of each city is hereby authorized and em- 1 I i t -
powered to create by resolution or ordinance a planning board to t +i'' ; ' i '',
consist of five or seven members, in the discretion of such legis- ,i . 'i v :;
orporations g lative body, to be appointed by the mayor or other duly author- { , I .4.
4a,47. 'zed appointing authority with authority to remove any member f t i t
of such board for cause and after public hearing. Not more than ?# l :,; m:
a minority of the members of such board shall hold any other t 1 l I r r'
by the city public office or position in such city. No person who is a member I+ A
.11" proceedings of the legislative body of a city to which the provisions of this ,
of.) April 11. i , f ;
section are applicable, and no member of the planning board of i i 1 13 it ;
-t of map such city,shall be eligible for membership on the board of appeals r ;# .t.,
on or revision of such city. The terms of the officials or employees of the mu- ( � i .11 q1 ;
:Tit to this i:� nici alit shall terminate with the term of the mayor or other C i j'
ndowner's title p Y i
-hown thereon. duly authorized appointing authority selecting them. The ap- i , ; •` 1 , Q -;
'�.i)chester, 193e• Pointment of as nearly as possible of one-third of the other t . .
19S. i '�
members of the board shall be for a term of one year, one- .
or revision third for a term of two years and one-third for a term of
` ty toi to begin three years. At the expiration of such terms, the terms of {
iings presently office of their successors shall be three years, so that the ° i !
fl of street as term of office of one-third of such members of such board, 4 f
compel city to ,
,.eon until cone- as nearly as possible, shall expire each year. Their succes- *•6
actually needed. sors and the successors of those now in office shall be appoint-
ed for the term of three years from and after the expiration of I F #
xis not of Itself the term of their predecessors in office. The members of such ' t
If property an boards now in office shall continue in office until the end of the ry
ing depends term for which they were appointed and their successors have F 1
:itimatcly taken been appointed as provided in this section as hereby amended 1.
;lards and AP Pp p Y i
,lid to Interfere and have qualified. If a vacancy shall occur otherwise than by 1
et of land with- expiration of term, it shall be filled by appointment , `
xp' y ppointment for the un- ; ;,
•e4 area. S. S.
of New York. expired term. The municipal officials or employees on such i f u
N.Y.S.2d 313. board shall not, by reason of membership thereon, forfeit their i ' ; ,
:laintiffs' realty right to exercise the powers, perform the duties or receive the i r: ! A. , ,
intiffs by city compensation of the municipal office or position held by them E (-
after official during such membership. In any city in which there is a plan- . i' P. < ':
came effective, �' p• Y Y p
a ten-foot set- ping commission created in accordance with article twelve-a of `� f .
ling was bins• the general municipal law the ordinance or resolution instead of
i I: I.private caw providing or the a planning
her official appointment of a new Tannin commission or
,cLc:r of 1:1a11r board may provide that the existing commission shall continue
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.r § 27 GENERAL CITY LAW Art, 3 Art• 3 OFFIC
•` ': the members thereof thereafter to be appointed in accordance
7. -with the provisions of such article twelve-a,with the powers and ander this board article an
r
` duties as specified for a planning board appointed as provided • planning
''; body, Added L.19
, in this article in addition to the powers and duties as specified in 185, eff. March 18,
`' such article twelve-a; provided, however, that in any such city .
section two hundred and thirty-eight of the general municipal
'41',,i law shall not be in force. Added L.1926, c. 690; amended L. 1, Generally
.. 1929, c. 605; L.1946,c. 464; L.1956,c.913, § 1,eff.July 1,1956. There is no constitu
41 . tory bar prohibiting
Historical Note the s^•me person of t
,, Jamestown. Loc.L1931, No. 1, as amended by Loc.L.1953, No. 2, eft. Sept. •
•,11,,1-1':'
23, 1953, supersedes this section in its application to said city. § 28-a. Masts
Cross -References The planning bo
'v City and village planning commissions,see General Municipal Law§234 et seq, master plan for tl
`- which master pla
Library References bridges and tunnel
i s Zoning 541. C.J.S.Zoning§§9,41,42. public reservations
a•` Notes of Decisions and structures, ZC
+ � waterways and ro
t' " I. Generally • existinlC and props
" own ugeileY by local law. 11)5 t, pp
The provisions of this section
rti_ should be construed as authorizing Alty.l,en. 154. city and its future
°;0'' the establishment of a planning A member of the common council afford adequate fi
,`. board by resolution or ordinance pur- of the City of Peekskill may not be distribution, comf1
,t ' scant thereto but not as imposing a appointed a member of the Planning
�.1:; eral welfare of its
! pattern which must be followed by Commission of said city. 1964, O .
any city which desires to create its Atty.Geu.(inf.)May 13. Such planning I
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when it desires, ii
§ 28. Planning board, officers, employees and expenses least once in an of
,:t, The mayor or other duly authorized appointing authority shall circulation in said
`'.1,. designate a member of said planning board to act as chairman The master plar
1-4,- thereof; or on his failure so to do, the planning board shall elect • the office of the
r t a chairman from its own members. It shall have the power and file certified copie
.5.;
€, authority to employ experts and a staff, and to pay for their clerk. Added L.1
-.7 services and such other expenses as may be necessary and proper, March 18, 1944.
not exceeding, in all,the appropriation that may be made for such
'{,,:'; • board; excepting and providing that in cities in which the gen- § 29. Official
-;: eral power and authority to fix salaries and prescribe positions is Such legislative
• placed in some other board or officer the foregoing power and
'- and as often as it
authority shall be in such other duly authorized board or officer, or add to the offi+
Each city is hereby authorized and empowered to make such ap.
::1';',.'' : highways or park;
propriation as it may see fit for such expenses, such appropria.
or parks. Drama
ton to be made by those officers or bodies having charge of the least five days' nc
..., appropriation of the public funds. The planning board may with five
to adopt rules and regulations in respect to procedure before it and
ed at least once in
in respect to any subject matter over which it has jurisdiction
II' 266 paper of general
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Art. 3 , r:
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Art. 3 OFFICIAL MAPS—PLANNING BOARDS § 29
in accordance under this article or any other statute,after public hearing by the .. 1
he powers and planning board and subject to the approval of such legislative
cl as provided ,
as specified in body. Added L.1926, c. 690; amended L.1929, c. 605; L.1944, c.
any such city
185,eff. March 18, 1944.
Tal municipal Notes of Decisions
amended L. t. Generally
Jul 1 1956. y of city supervisor and member of the
July There is no constitutional or statu- Newburgh city planning board but
tory bar prohibiting the holding by the duties thereof may be imcompatt-
the same person of the two offices ble. 1965, Op.Atty.Gen. (Inf.) 60.
No. 2, eft. Sept.
§ 28-a. Master plan
The planning board may prepare and change, a comprehensive
p.aw'1234 et sell- master plan for the development of the entire area of the city, r
which master plan shall show existing and proposed streets,
bridges and tunnels and the approaches thereto, viaducts, parks,
FY,42. public reservations, roadways in parks, sites for public buildings
f and structures, zoning districts, pierhead and bulkhead lines,
waterways and routes of public utilities and such other features
law. 1956, or. existing and proposed as will provide for the improvement of the
4 city and its future growth, protection, and development,and will
1:,‘ nlon council afford adequate facilities for the public housing, transportation, `.
u
' `l may not be distribution, comfort, convenience, public health, safety and gen
the Planning eral welfare of its population.
ity. 7064, Op.
Such planning board may advertise and hold public hearings
when it desires, notice of which hearings shall be advertised at
xpenses least once in an official newspaper or in a newspaper of general
thority shall
circulation in said city at least five days before each such hearing.
as chairman The master plan and all modifications thereof shall be on file in
•d shall elect the office of the planning board, and the planning board shall
power and file certified copies in the offices of the city engineer and the city
ay for their clerk. Added L.1938, c. 205, § 1; amended L.1944, c. 185, eff.
and proper, March 18, 1944.
ade for such
ich the gen- § 29. Official map, changes
positions is Such legislative body is authorized and empowered, whenever •
power and and as often as it may deem it for the public interest, to change
it or officer. or add to the official map of the city so as to lay out new streets, i.:'
dce such ia- highways or parks,or to widen or close existing streets,highways
appropria- or parks. Drainage systems may also be shown on this map. At
urge of the ',,
least five days' notice of a public hearing on any proposed action
board may With reference to such change in the official map shall be publish-
-lore h: r
it and ed at least once in an official publication of said city or in a news- 1
jurisdiction Paper of general circulation therein. Before making such addi-
267
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c h y 9 Art. 12-A
3 / • -s',-usccc, ttii dyed thousand one of
ARTICLE 12-A—CITY AND VILLAGE PLANNING reside outside of such
COMMISSIONS Added L.1913, c. 699, ?
§ 1.
Sec.
234. Creation, appointment and qualifications.
235. Officers, expenses and assistance. Zoning 0351,352•
236. General powers.
237. Maps and recommendations.
238. Private streets.
ownership of realty 2
239. Rules. Removal or suspension 3
Residence I
239-a. Construction of article.
Law Review Commentaries
i, Residence
Control of land subdivision by mu- Legal and economic basis for city Only in a county of
nicipal planning boards. (Winter planning. A. Dunham (May 1958) 58 population may one men)
1955)40 Cornell L.Q.258. Columbia L.ltev.650. or village planning coma
Land use planning-symposium (Apr. Platting, planning and protection outside such city or vill
1961)29 Fordham L.Itev.635. —a summary of subdivision statutes. novel from the city o
(June 1961) 33 N.Y.U.L.ltev. 1205 any other member vacate
1966,Op.Atty.Oen. (Inf.)
Members of a villa
234. Creation,appointment and qualifications commission need not In
Each city and incorporated village is hereby authorized and real property in the vane
lution, the board of trust
' empowered to create a commission to be known as the city or vide that appointive offi
village planning commission. Such commission shall be so treat- side outside of the villa@
ed in incorporated villages by resolution of the trustees, in cities town in which the men
p g y and, by statute, one men
by ordinance of the common council, except that in cities of the
first class, having more than a million inhabitants, it shall be by § 235. Officers,
resolution of the board of estimate and apportionment or other
similar local authority. In cities of the first class such commis- The commission sl
sion shall consist of not more than eleven, in cities of the second members. It shall 11
class of not more than nine, in cities of the third class and incor- perts, clerks, and a
porated villages of not more than seven members. Such ordi- such other expenses
nonce or resolution shall specify the public officer or body of ing, in all, the annu
said municipality that shall appoint such commissioners, and city or village for sa
shall provide that the appointment of as nearly as possible one- mission shall by ord
third of them shall be for a term of one year; one-third for a tion if any, each o
term of two years, and one-third for a term of three years; and services as such coil
that at the expiration of such terms, the terms of office of their lage is hereby autho
successors shall be three years; so that the term of office of ation as it may see i
one-third of such commissioners, as nearly as possible, shall ex- appropriations to b..
• pire each year. All appointments to fill vacancies shall be for city or village havil
the unexpired term. Not more than one-third of the members of funds.
said commission shall hold any other public office in said city or Added L.1913, c. 699,
village. In a county containing a population of over three hun-
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Art. 12—A PLANNING COMMISSIONS § 235
dred thousand one of the members of any such commission may
reside outside of such village or city as the case may be.
E PLANNING Added L.1913, c. 699, § 1; amended L.1920, c. 377, § 1; L.1948, c. 237,
§ 1. ,.
Library References
S. Zoning 0351,352. C.J.S. Zoning§201 et seq.
e
Notes of Decisions t=
Ownership of realty 2 , ri
Removal or suspension 3 lage planning commission need not
Residence I even reside in such town. 23 Op. ,
State Compt.730, 1967.
I.
I. Residence 2. Ownership of realty
Record ownership of real property, r.
economic basis for city Only in a county of over 300,000 t f
Dunham (May 1958) 58 y y having been declared unconstitutional
Population may one member of a city by the courts, as a prerequisite to
ev.650. or village planning commission reside the holding of `'',
outside such city public office, is no
tanning and protection y or village, and re- longer a necessary qualification for '
of subdivision statutes. move! from the city or village by the holding of any village office, in- ' a(
3 N.Y.U.L.Rev. 1205. any other member vacates the office. eluding membership on a village i .
1966,Op.Atty.Gen. (Inf.)60. planning commission. 23 Op.State
Members of a village planning Compt.750,1967. ,"'
'cations commission need not be owners of
real property in the village; by reso- 3. Removal or suspension
•eb authorized and
Y lution, the board of trustees may pro- The mayor of a city may remove
sown as the city or vide that appointive officers may re- or suspend members of the city plan-
on shall be so creat- side outside of the village and in the ning appeals if so empowered by lo-
town in which the village is located; cal law, commission and the board of
le trustees, in Cities and, by statute, one member of a vil- zoning. 1970, Op.Atty.Gen. (Inf.) 83.
that in cities of the
tants, it shall be by ,
§ 235.or other 35. Officers,expenses and assistance 1
class such commis- The commission shall elect annually, a chairman from its own i r
cities of the second members. It shall have the power and authority to employ ex-
iird class and incor- perts, clerks, and a secretary, and to pay for their services and
!tubers. Such ordi- such other expenses as may be necessary and proper, not exceed-
officer or body of ing, in all, the annual appropriation that may be made by said
commissioners, and city or village for said commission. The body creating the corn- "
rly as possible one- mission shall by ordinance or resolution provide what compensa-
ar; one-third for a tion if any, each of such commissioners shall receive for his 1.
g three years; and services as such commissioner. Each city and incorporated vil-
as of office of their lage is hereby authorized and empowered to make such appropri.. E .
c term of office of ation as it may see fit for such expenses and compensation, such l;t
s possible, shall ex- appropriations to be made by those officers or bodies in such
sancies shall be for city or village having charge of the appropriation of the public
t of the members of funds. r =
ffice in said city or Added L.1913, c. 699, § 1. 3 5
of over three hun- 147
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§ 236 GENERAL MUNICIPAL LAW Art. 12—A Art. 12—A PL
§ 236. General powers construed as intendec
The body creating such planning commission may, at any such art commission
time, by ordinance or local law or resolution, provide that the provides for referenc
following matters, or any one or more of them, shall be referred final action thereon b
for report thereon, to such commission by the board, commis- a.' In Westcheste.
sion, commissioner or other public officer or officers of said city commission or board
or village which is the final authority thereon before final action law or resolution, alsc
thereon by such authority: the adoption of any map or plan of view of a site plan is
said city or incorporated village, or part thereof, including board may also provic
drainage and sewer or water system plans or maps, and plans or ty for final action on
maps for any public water front, or marginal street, or public gated to the planning
structure upon, in or in connection with such front or street, or or use permit for the
for any dredging, filling or fixing of lines with relation to said be issued subject to
front; any change of any such maps or plans; the location of and any restrictions i
any public structure upon, in or in connection with, or fixing board, and that any c
lines with relation to said front; the location of any public only be issued subjec
building, bridge, statue or monument, highway, park, parkway, plan and restrictions :
square, playground or recreation ground, or public open place of board.
said city or village. In default of any such ordinance, local law Added L.1913, c. 699,
or resolution all of said matters shall be so referred to said plan- 958, § 1.
ning commission. i So in original. No su
The body creating such planning commission may, at any
time, by ordinance, local law or resolution, fix the time within
which such planning commission shall report upon any matter or 1974 Amendment. subs
788, § 1, eff. June 7,
class of matters to be referred to it, with or without the further saw, a,
provision that in default of report within the time so fixed, the
planning commission shall forfeit the right further to suspend
action, as aforesaid with regard to the particular matter upon
which it has so defaulted. In default of any such ordinance, lo- Zoning € 353.
cal law or resolution, no such action shall be taken until such re-
port is so received, and no adoption, change, fixing or location as
aforesaid by said final authority, prior thereto, shall be valid. i. Structures
No ordinance, local law or resolution shall deprive said planning A garbage incineration I
commission of its right or relieve it of its duty, to report, at ed outside of a city, is
such time as it deems proper upon any matter at any time re-
ferred to it. § 237. Maps and
This section shall not be construed as intended to limit or im- Such planning con
pair the power of any art commission, park commission or corn- maps of said city or
missioner, now or hereafter existing by virtue of any provision land outside the limit
of law, to refuse consent to the acceptance by any municipality ed thereto that in ti
of the gift of any work of art to said municipality, without ref- should be so mapped.
erence of the matter, by reason of its proposed location or other- ters as by law have
wise, to said planning commission. Nor shall this section be commission, but also
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Art. 12-A Art, 12-A PLANNING COMMISSIONS § 237 .
construed as intended to limit or impair any other power of any
iy, at any such art commission or affect the same, except in so far as it ,§ry
e that the Provides for reference or report, or both, on any matter before ,'r•
)e referred final action thereon by said art commission.
3, commis- a.t In Westchester county, the body creating such planning 1
►f said city commission or board, may, at any time, by ordinance or local
'final action law or resolution, also provide that where the planning board re- `
or plan of rim of a site plan is required, the body creating said planning _. "1 F
including board may also provide in such zoning ordinance that the authori- u Ai d plans or ty for final action on the approval of such site plan may be dele- ,
or public listed to the planning board, and may provide that any building 1,i
street, or or use permit for the development or use of such land shall only ."
on to said be issued subject to compliance with such approved site plan
ocation of and any restrictions imposed in relation thereto by the planning
or fixing board, and that any certificate of occupancy or compliance shall
my public only be issued subject to continued compliance with such site ' w-'
parkway, Plan and restrictions imposed in relation thereto by the planning
i place of board. 4 , t
local law Added L.1913, c. 699, § 1; amended L.1972, c. 892, § 25; L.1974, c. i ,'
said plan- 788, § 1. ; i
,,
18o in original. No snbd. b has been enacted. ,i
1.
at any Iv
to within Historical Note w`
1974 Amendment. Subd. a. L.1974, 1972 Amendment. L.1972, c. 892, § '`
natter or ._ 788 § 1, eff. June 7, 1974, added 25, eff. Sept. 1, 1973, inserted refer- . it
further •abd. a. ences to local laws following refer- ;:,1;.,n E
fixed, the ences to ordinances wherever appear- 1
suspend ing therein
ter upon Library References /t !'
ance, 10-
SUCK re- Zoning 0353. C.J.S.Zoning§§202,203. I"
x
!ation as z ,
Notes of Decisions ���� 'S
)e valid. I. Structures
structure as is included in this sec- 1.
)lanning A garbage incineration plant, locat- tion. Vandervoort v. Troy, 1927, 130 �'
Z
port, at "d outside of a city, is not such a Misc. 151,223 N.Y.S.454. r.-.. ,',
time re- i 4 , "
§ 237. Maps and recommendations w1
or im- Such planning commission may cause to be made a map or ,fw,, 4.'
or com- maps of said city or village or any portion thereof, or of any . ,
`ovision land outside the limits of said city or village so near or so relat- tut,3.
cipality ed thereto that in the opinion of said planning commission it
out ref- should be so mapped. Such plans may show not only such mat- r °�; '
7
other- tern as by law have been or may be referred to the planning , ' ; t
.ion be commission, but also any and all matters and things with rela- • ,
F,
149 . ,'' ,,,,.,
f :M s'
§ 237 GENERAL MUNICIPAL LAW Art. 12—A Art. 12—A PLA
tion to the plan of said city or village which to said planning
commission seem necessary and proper, including recommenda-
tions and changes suggested by it; and any report at any time municipal Corporations c
made, may include any of the above. Such planning commis-
sion may obtain expert assistance in the making of any such
maps or reports, or in the investigations necessary and proper § 239. Rules
with relation thereto. Such commission ma
Added L.1913, c. 699, § 1. ern its action in carryil
Notes of Decisions Added L.1913, c. 699, §
Restrictions I v. Village of Lawrence, 1936, 161
Review 2 Misc. 23, 290 N.Y.S. 11116. § 239-a. Conti
2. Review This article shall be
I. Restrictions Mandamus does not lie to compel er and authority to c.
village trustees to revoke resolution intended to limit or i
Adoption by village of resolution, and ordinance adding streets to vii- any city or village.
ordinance, and map of streets, re- lage map without condemning proper-
stricting uses which petitioner could ty for st reets, remedy being by action Any city or incorp
make of ancestral home on large for declaratory Judgment or direct commission undf
tract, preventing sale of property as action against public officials to con-
fling
a whole, without condemnation of pel revocation and abolishing resolu- or resolution so creatl
land for street purposes, and with al- tion, ordinance, and additions to map. ated under this articll
leged intention of not doing so in Caperton v. Village of Lawrence,
future, was unreasonable. Caperton 1936, 161 Misc. 23, 290 N.Y.S. 1016. Added L.1913, c. 699, §
§ 238. Private streets
The body creating such planning commission may at any time,
by ordinance or resolution provide that no plan, plot or descrip-
tion, showing the layout of any highway or street upon private
property, or of building lots in connection with or in relation to
such highway or street shall, within the limits of any municipal-
ity having a planning commission, as aforesaid, be received for
record in the office of the clerk of the county where such real
property is situated, until a copy of said plan, plot or description
has been filed with said commission and it has certified, with re-
lation thereto, its approval thereof. Such certificate shall be
recorded as a part of the record of said original instrument con-
taining said plan, plot, or description. No such street or high-
way which has not received the approval of the planning com-
mission shall be accepted by said city or village until the matter
has been referred to such commission under the provision of sec-
tion two hundred and thirty-six of this article. But if any such
street is plotted or laid out in accordance with the map of said
municipality, adopted according to law, then it shall not be nec-
essary to file such copy,or obtain or record such certificate.
Added L.1913, c. 699, § 1.
150
Art. 12-A , Art. 12-A PLANNING COMMISSIONS § 239-a
said planning
recommenda- Library References I
t at any time lfunicipal Corporations C=43. C.J.S. Municipal Corporations §§
ping commis-
83, 84.
of any such
y and proper § 239. Rules
Such commission may make rules not contrary to law, to gov-
en its action in carrying out the provisions of this article. 1."
Added L.1913, c. 699, § 1.
>nce, 1936, 161 i,
1016. § 239-a. Construction of article i
This article shall be construed as the grant of additional pow- /:
t lie to compel er and authority to cities and incorporated villages, and not as ,
Yoke resolution intended to limit or impair any existing power or authority of
streets to vll-
lemning proper- any city or village.
being by action Any city or incorporated village in order to appoint a plan-
ment or direct non commission
officials to com 8 ommission under this article shall recite, in the ordinance ,..I ,a.
olishing resole- or resolution so creating the commission, the fact that it is cre-
kdltions to map. ated under this article.
of Lawrence.
N.Y.S. 1016. Added L.1913, c. 699, § 1.
,
r
Y
t any time,
or descrip-
pon private
relation to x
` municipal- .
?eceived for
e such real
'description
id, with re-
e shall be
pment con- ;t1t ' ,
it or high- ti,
ning corn- r,
the matter ' a
ion of sec- r; " "
any such ��
ap of said <,- i
pt be nec- .'
ad z• s�.
tte. s� ''
D
151 a ,$
r,
fit'
4
',,.fi1 1,1sl
i , § 239-1 GENERAL MUNICIPAL LAW PLANNING BOARDS
i Note t
t,'.i.-I i: Art. 12—B Art. 12—B
t, +. Notes of Decisions
l� � . permit, use permit, excer
I a' 1 i Arbitrary and capricious determine- pool on land located within one mile of board of appeals, plannin
i } iI tions 2 airport was denied by county planning
i ir ' Recommendations by planning agency director and planning board while appli- issue under the provisiot
' ,y 4' 1 cations made by others were granted did The matters covered b
1 Review 3 not establish that denial was arbitrary .ry pal zoning regulation,
and capricious where facts warranted
I i ,i 1. Recommendations by planning
4 change the district class
finding that decision was made reason-
agency ably- City of Rochester v. Monroe real property lying withi
County planning board's recommenda- County, 1974, 81 Misc.2d 462, 364 N.Y. boundary of any city, vil.
p tion on proposed domed stadium was not S.2d 678. existing or proposed cou
E' binding nor final but could be overridden
g 1 _ or from the right-of-way
by vote of city planning commission and 3. Review g y
thus such determination, since advisory Where county charter provided for ap- parkway, thruway, exp
i ! only and not final,could not be reviewed peal to county planning board from deci- ''u existing or proposed rigs
t ! in Article 78 proceeding. Rickett v. sions by planning director relating to
i'' i i Hackbarth, 1979, 98 Misc.2d 790, 414 y p g g nel owned by the count'
" , i ' N.Y.S.2d 988. land use within one mile of airport, city channel lines, or from t
+ {{ whose application to construct replace- :
t ',J Monroe County Planning Council is count or state owned la
t ment swimming pool in park located y
merely advisory board, though law in
effort to coordinate and improve county- within one mile of airport was not de is situated, and (b) ar
T { , wide planning has changed common law prived of due process. City, of Roch affecting such real prof
1 1 voting rule in order to make it more ester v.Monroe County, 1974,81 Misc.2d feet. The term "propos
6 P difficult for municipality to disregard 462, 364 N.Y.S.2d 678. , '
recommendations of planning council. recreation areas, parkwz
McEvoy Dodge West Ridge, Inc. v. Zon-
ing There was no want of proper stan-
! 3,, Bd. of Appeals of Town of Greece, dards or criteria set up by this section Ways which are shown
"! ' ' 1972, 69 Misc.2d 55, 329 N.Y.S.2d 171. for decisions by Monroe County Plan- subdivision two of sectic
ping Council. McEvoy Dodge West municipal law or adoptec
0i 2. Arbitrary and capricious determi- Ridge, Inc. v. Zoning Bd. of Appeals of P
,, nations Town of Greece, 1972,69 Misc.2d 55,329 hundred thirty-nine-g of
y Fact that city's application for con- N.Y.S.2d 171. Within thirty days a
struction of replacement of swimming
referred matter, the c
{
agency to which referr:
agency, shall report its
�. ._ __ municipal agency, accor
. for such recommendatio
` ' 1. In any city, town or village which is located in a county which within such period of thi
has a county planning board, commission or other agency, herein- been agreed upon by i
i:, i ! after referred to as a county planning agency, or, in the absence of body having jurisdiction
" such planning agency
:i" a county planning agency, which is within the jurisdiction of a
metropolitan or regional planning commission, board or other a en- modification thereof, thi
1 ! ! i P g P g g not act contrary to such
,� cy, duly created pursuant to the provisions of law, hereinafter �'
i i !i vote of a majority plus c
,s;01.i referred to as a metropolitan or regional planning agency, each
,ll!':ii} ' municipal body which has jurisdiction to adopt or amend zoning adoption of a resolutio
, !liii l regulations, approve site plans, or to issue special permits or grant ,' contrary action.
r
variances pursuant to such regulations, shall, before taking final Within seven days a
11,! ;;'- action on certain of such matters, refer the same to such county, i having jurisdiction on t
i r
I metropolitan or regional planning agency. The terms "special proval of a referred r
�� permit" and "site plan" shall be deemed to include any special report of the final actio
1' `" " 438 li'I
,
5 ,
11 ,
I , i$
L MUNICIPAL LAW PLANNING BOARDS § 239-m . !,
#"
Art. 12—B
Art. 12—B r
permit, use permit, exception, or other special authorization which a
located within one mile of board of appeals, planning board or legislative body is authorized to
denied by county planning issue under the provisions of any zoning ordinance.
planning board while appli- ,
by others were granted did The matters covered by this section shall include: (a) any munici- 4,
i that denial was arbitrary pal zoning regulation, or any amendment thereof, which would ' 4
us where facts warranted
decision was made reason change the district classification of or the regulations applying to
of Rochester v. Monroe real property lying within a distance of five hundred feet from the ;
1, 81 Misc.2d 462, 364 N.Y. boundary of any city, village, or town, or from the boundary of any
existing or proposed county or state park or other recreation area,
, ti
or from the right-of-way of any existing or proposed county or state
t.
my charter provided for ap- parkway, thruwa Y. expressway, road or highway, or from the
y planning board from deci- existing or proposed right-of-way of any stream or drainage chan- . ,i
Inning director relating to nel owned by the county or for which the county has established
hin one mile of airport, city ', l
ation to construct replace channel lines, or from the existing or proposed boundary of any ((
ling pool in park located county or state owned land on which a public building or institution }l
Rile of airport was not de- is situated; and (b) any special permit, site plan, or variance F, i.
ie process. City of Roch- affecting such real property within such distance of five hundred t i.
oe County,1974,81 Misc.2d feet. The term "proposed" shall be deemed to include only those (',
.S.2d 678.
no want of proper scan recreation areas, parkways, thruways, expressways, roads or high-
eria set up by this section ways which are shown on a county plan adopted pursuant to 4, I i
by Monroe County Plan- subdivision two of section two hundred thirty-nine-d of the general , t
I. McEvoy Dodge West municipal law or adopted on an official map pursuant to section two
Zoning Bd. of Appeals of hundred thirty-nine-g of such law. , '
:ce, 1972,69 Misc.2d 55,329
Within thirty days after receipt of a full statement of such 1'`
referred matter, the county, metropolitan or regional planning
agency to which referral is made, or an authorized agent of said
icipal zoning actions ;
agency, shall report its recommendations thereon to the referring ,
Dpolitan or regional municipal agency, accompanied by a full statement of the reasons . ; [
anal action for such recommendations. If such planning agency fails to report I,
tted in a county which within such period of thirty days or such longer period as may have
other agency, herein- been agreed upon by it and the referring agency, the municipal I I
or, in the absence of body having jurisdiction to act may do so without such report. If ``
the jurisdiction of a such planning agency disapproves the proposal, or recommends
, board or other agen- modification thereof, the municipal agency having jurisdiction shall 1
a of law, hereinafter not act contrary to such disapproval or recommendation except by a ,
lanning agency, each vote of a majority plus one of all the members thereof and after the ti 4
opt or amend zoning adoption of a resolution fully setting forth the reasons for such ,;t
ecial permits or grant contrary action. }
I, before taking final Within seven days after final action by the municipal agency t 4I
same to such county, having jurisdiction on the recommendations, modifications or disap- (1'
The terms "special proval of a referred matter, such municipal agency shall file a '
include any special report of the final action it has taken with the county, metropolitan ;;'
439 114
, 2
li
c
11 § 239-m GENERAL MUNICIPAL LAW PLANNING
1 Art. 12—B Art. 12-B
1, 1I or regional planning agency which had made the recommendations, ignated par. b
1 modifications or disapproval. days".
i11 2. For purposes of subdivision one of this section, "full state-
1 ment" of such referred matter shall mean all materials required for
1 11 and accepted by the referring municipal body as a completed Zoning and L
I C J.S. Zonin
} application. When the matter referred is the adoption or amend- §§ 202, 203
! ment of a zoning ordinance or local law, "full statement" shall also
11 include the complete text of the proposed ordinance or local law as
well as all existing provisions to be affected thereby, if any, and Approval of ap
only if not already in the possession of the county, metropolitan or Generally
"1 regional planning agency. Presumptir
Construction iv
f Notwithstanding the foregoing provisions of this subdivision, any Disapproval of
K i i municipal body may agree with the county planning agency, or in Highways with
i the absence of a county planning agency, with the metropolitan or
Law governing P Notice of zonir
regional planning agency, as to what shall constitute a "full state- Overriding of:
I ' ` I lk ment" for any or all of those matters which said municipal body is Generally
Reasons fo
f �' ! authorized to act upon. Power of planr
: r'
The term "receipt" shall mean delivery of a full statement in Presumption o
', ' accordance with the rules and regulations of the county, metropoli- tiro 9
3 g Y� P Reasons for ov
' ' tan or regional planning board or agency with respect to person, ommendatior
place and period of time for submission. In no event shall such rule Referral to pla
1 ' #' or regulation ulation define deliver so as to re uire in hand deliver or Report of plain
g delivery require delivery Generally
delivery more than twelve calendar days prior to the board or Time of rei
l � agency's meeting date. In the absence of any such rules or Review 15
t. {' regulations, receipt shall mean delivery in hand or mail to the Time of report
g P Y by Zoning regulal
Ifl ' clerk of the board or agency, or if no position of clerk exists, to the
1, 1i office address of said board or agency. Where delivery is made in -
lji hand, the date of receipt shall be the date of delivery. Where 1. Constructio
1 ,, ',I delivery is made by mail, the date as postmarked shall be the date Code,sL.1948,rc .
, 0�F' of delivery. zoning amendm
' ' (Added L.1960, c. 1041, 1; amended L.1961, c. 835, 2; L.1967, c. 296, affected by sut
§ §
E I this section dea§ 1; L.1968, c. 962, § 1; L.1969,c. 1068, § 1; L.1983, c. 324, § 1; L.1984, C. meets. Bloom
814, § 1.)
Yorktown, 1981,
( ! { P S.2d 355.
1
"1'_ Historical Note 2. Law govern
1 i 1984 Amendment. Subd. 1. L.1984, plans,"; in sentence beginning "The Procedure foi
r ' !1 F + c.814, § 1,eff.Sept. 1, 1985, designated terms 'special" substituted "the terms view of town zo
{1 I existing text as subd. 1. 'special permit'and'site plan'" for"The this section ma;
term 'special permit'"; and in sentence sequent charter
s
Subd.2. L.1984,c.814, § 1,eff.Sept. P P amendment aut
r , �1 o ' 1, 1985, added subd. 2. beginning"The matters covered" insert-
:,I ! i1' ed ", site plan,". planning commi
( i ! 1983 Amendment. L.1983,c.324,§ 1, in effect veto c
i' eff. 1 1983, in sentence be innin 1969 Amendment. L.1969, c. 1068,
Sept.P 1, beginning
! c1 "In any city, town v. Howell,inserted "approve site § 1, eff. May 26, 1969, added undes- N.Y.S.2d 949, 2!
,;,, 4d ; 440
Iii
I. i; ,
IH