City of Watervliet, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Watervliet 4-20-1972 as Art. II of Ch. 16 of the Code of Ordinances of 1972. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 273.
Zoning — See Ch. 272.

§ 57-1 Creation; composition; appointment and terms of members; vacancies; removal.

[Amended 9-5-1996 by Ord. No. 1638; 9-24-1998 by Ord. No. 1670; 7-10-2008 by Ord. No. 1826]
A. 
There shall be a City Planning Board appointed by the Mayor, which Board shall consist of five members: two members who shall be officials of the City and three who do not hold any City office. The terms of two official members first appointed shall terminate with that of the appointing Mayor. The respective terms of the other members first appointed shall be one, two and three years from and after their appointment; their successors shall be appointed for terms which shall be equal in years to the number of members of the Planning Board. If a vacancy shall occur other than by the expiration of a term, the Mayor or other duly authorized appointing authority shall appoint the new member for the unexpired term.
B. 
Alternate members of the Planning Board shall be appointed by the Mayor for a term of one year and may serve when members are absent or unable to participate on an application or matter before the Planning Board. The Chairperson of the Planning Board may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Planning Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. Any alternate member may be removed by the Mayor for cause and after public hearing.
C. 
Removal of members. Any member may be removed by the Mayor for cause and after public hearing. The standard of proof to demonstrate cause shall be a preponderance of evidence. Rules of admissibility of evidence at the hearing shall be applied and constructed to allow all statements, including but not limited to hearsay evidence. All relevant evidence not legally privileged may be received. Notice of the public hearing shall be given to the Board member at least five days prior to the hearing. The hearing shall be held in Council chambers; a judicial hearing officer (JHO) shall be selected by the Corporation Counsel for the purpose of presiding over such public hearing and for maintaining order. The JHO shall conduct the hearing, in the presence of the Mayor, and the Mayor shall make the sole decision to remove the Board member for cause, based upon a preponderance of the evidence standard. Pursuant to General City Law § 27(9), any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Council by local law or ordinance and as set forth in § 57-1D of this chapter.
D. 
Minimum requirements for members.
(1) 
Training. Pursuant to General City Law § 27 Subdivision 7-a, each member of the Planning Board shall complete a minimum of four hours of training each year designed to enable such members to more effectively carry out their duties.
(2) 
Attendance. Each Board member shall be required to attend 75% of the scheduled meetings in each calendar year. Failure to attend the required number of meetings may be grounds for removal from the Board. Failure to attend three consecutive meetings may be grounds for removal from the Board.

§ 57-2 Compensation of members.

Members of the Planning Board shall receive no payment for their services; however, the city officials 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 city office held by them during such membership.

§ 57-3 Designation of Chairman.

The Chairman of the Planning Board shall be designated by the Mayor or, on failure to do so, shall be elected from and by its own members.

§ 57-4 Employment of personnel.

The Planning Board shall have the power and authority to employ experts and a staff and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made for the Planning Board by the Council.

§ 57-5 Promulgation of rules and regulations.

[Amended 9-5-1996 by Ord. No. 1638]
The Planning Board may recommend to the City Council regulations with respect to procedure before it and in respect to any subject matter over which the Planning Board has jurisdiction under this chapter or any other law. The adoption of any such recommendations shall be done by the City Council.

§ 57-6 Comprehensive Plan.

[Amended 9-5-1996 by Ord. No. 1638]
The Planning Board may review and make recommendations on the Comprehensive Plan or amendments thereto for the development of the entire area of the city, which Comprehensive Plan shall show existing and proposed streets, bridges and tunnels and the approaches thereto, viaducts, parks, public reservation, roadways in parks, sites for public building and structures, zoning districts, pier heads 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 future 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. The Comprehensive Plan and all modifications thereof shall be on file in the office of the Planning Board, and certified copies thereof shall be filed in the offices of the General Manager and the City Clerk, and a copy thereof shall be filed in the office of the County Planning Agency.

§ 57-7 Public hearings; notice.

[Amended 9-5-1996 by Ord. No. 1638]
The Planning Board shall provide public notice for and hold public hearings as required by city or state laws.

§ 57-8 Report of Board prerequisite to City Council action; exception.

The authority having final jurisdiction over any matter in which the Planning Board also has jurisdiction in accordance with the aforementioned laws shall not proceed to final action until the Planning Board has made its final report thereon to such authority, but if the Planning Board shall not have made its final report thereon within 30 days from the date of reference thereto, the authority having final jurisdiction may proceed to final action. This section shall not be construed to prevent the City Council from granting, in any specific case, such longer period as it may fix within which the Planning Board may make its final report, and if such longer period is granted, the authority having final jurisdiction shall not in the absence of such report proceed to final action until that longer period shall have elapsed.

§ 57-9 Approval of plats.

[Amended 9-5-1996 by Ord. No. 1638]
A. 
The Planning Board shall be authorized to approve plats as provided in Article 3 of the General City Law.
B. 
Subdivision plat approval.
[Added 9-6-2007 by L.L. No. 1-2007]
(1) 
Preliminary subdivision plat stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 273, Stormwater Management and Erosion and Sediment Control, and Chapter 272, Article VIII, Stormwater Control, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design Public Review Draft - Stormwater Management Guidance Manual for Local Officials Appendix 1, Page 10 criteria and standards in Chapter 272, Article VIII, Stormwater Control. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 273, Stormwater Management and Erosion and Sediment Control, and Chapter 272, Article VIII, Stormwater Control.
(2) 
Final subdivision plat approval stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 273, Stormwater Management and Erosion and Sediment Control, and Chapter 272, Article VIII, Stormwater Control and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 272, Article VIII, Stormwater Control. The approved final subdivision plan shall be consistent with the provisions of Chapter 273, Stormwater Management and Erosion and Sediment Control, and Chapter 272, Article VIII, Stormwater Control.
C. 
Site plan approval. A stormwater pollution prevention plan consistent with the requirements of Chapter 273, Stormwater Management and Erosion and Sediment Control, and Chapter 272, Article VIII, Stormwater Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 272, Article VIII, Stormwater Control. The approved site plan shall be consistent with the provisions of Chapter 273, Stormwater Management and Erosion and Sediment Control, and Chapter 272, Article VIII, Stormwater Control.
[Added 9-6-2007 by L.L. No. 1-2007]

§ 57-10 Building permits for premises within subdivisions.

A. 
No building permit shall be issued for the erection or alteration of any structure on any lot resulting from a subdivision until and unless the required plat of said subdivision has been approved by the Planning Board pursuant to the provisions of this chapter and any regulation authorized under this chapter.
B. 
For the purposes of this section, the word "subdivision" shall be the division of any parcel of land into two or more lots, blocks, sites or other divisions of land, with or without streets or highways, for the purpose of sale, transfer of ownership or development. The term "subdivision" may include any alteration of lot lines of dimensions of any lots or sites shown on a plat previously approved and filed in the office of the County Clerk or Register of the county in which such plat is located. Subdivisions may be defined and delineated as either major or minor.
[Amended 9-5-1996 by Ord. No. 1638]