City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Development — See Ch. 33.
Department of Engineering and Public Works — See Ch. 42.
Environmental Conservation Commission — See Ch. 45.
Subdivision of land — See Ch. 230.
Zoning — See Ch. 264.
[Adopted 2-9-1970 by Ord. No. 15274 (Ch. 20, Art. II, Div. I, of the Revised Ordinances)]

§ 91-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
A. 
Any physical public betterment or improvement, including preliminary studies and surveys relative thereto.
B. 
The acquisition of real property, except the acquisition of real property pursuant to the Tax Law by voluntary deed or foreclosure.
C. 
The purchase of equipment for any public betterment or improvement, when such betterment or improvement is first erected or acquired.
CITY MAP
The official map of the city, as modified from time to time, showing the location and width of streets in the City in use as public streets as well as the lines of future streets and future street widenings and extensions.
COMMISSION
The City Planning Commission.
COUNTY CLERK
The Clerk of the County of Schenectady.
STREET
Includes street, avenue, terrace, road, alley, lane, highway, boulevard, concourse, parkway, culvert, sidewalk, crosswalk, viaduct and every class of public road, square and place.

§ 91-2 Commission continued; filling of appointments.

The City Planning Commission now in existence is hereby continued, and all appointments shall be hereafter filled in accordance with the provisions of Article 12-A of the General Municipal Law.

§ 91-3 Statutory powers and duties.

The Planning Commission shall possess the powers and be subject to the duties provided in Article 3 of the General City Law for a Planning Board which has been appointed pursuant thereto and, in addition, shall possess the powers and be subject to the duties set forth for a Planning Commission in Article 12-A of the General Municipal Law.

§ 91-4 Number of Commission Members; appointments. [1]

The Planning Commission shall continue to consist of nine members to be appointed by the Mayor, subject to confirmation by a majority vote of the City Council. At the expiration of the term of any of the present members, a successor shall be appointed for a period of three years. In case of a vacancy other than by the expiration of a term, an appointment shall be made for the remainder of such term by the Mayor, subject to confirmation by the Council by a majority vote.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 91-5 Officers. [1]

The Planning Commission shall elect, annually, one of its members as Chairman.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 91-6 Meetings; quorum.

The Planning Commission shall meet at least once a month, except during the months of July and August. The Commission also shall meet at the call of the Chairman. Whenever any member, on at least one week's written notice, requests the Chairman to call a meeting of the Commission, the Chairman shall call such a meeting. Five of the nine members shall constitute a quorum.

§ 91-7 Records and reports.

The Planning Commission shall keep regular minutes of the business transacted at each meeting and at the conclusion of each year the Commission shall present a report in writing to the Council covering its activities and containing any recommendations it desires to make.

§ 91-8 Removal of members. [1]

The Mayor may remove any member of the Planning Commission for cause. Before any member of such Commission shall be removed, a public hearing shall be held.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 91-9 Regulating subdivisions and subdivision procedures.

The Planning Commission shall adopt rules and regulations covering the subdivision of lands. In addition, the Commission may adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction.

§ 91-10 Commission documents declared to be public records.

The rules and regulations of the Planning Commission and the City Map and Master Plan shall be deemed public records and shall be open to public inspection at all reasonable times in the office of the Commission.

§ 91-11 Custody of City Map.

[Amended 7-2-1979 by Ord. No. 79-63]
The Department of Planning and Economic Development[1] is the custodian of the Official City Map.
[1]:
Editor's Note: See Ch. 90, Department of Planning and economic Development.

§ 91-12 Master Plan; contents.

The Planning Commission shall prepare and adopt and may, from time to time, modify a comprehensive Master Plan for the development of the entire area of the city. Such Master Plan shall show desirable streets, public places, bridges and the approaches thereto, viaducts, parks, public reservations, parkways, playgrounds, roadways in parks, public buildings and structures, pierhead and bulkhead lines, docks and wharves, waterways, routes of railroads and omnibuses, locations of drainage systems, sewers, sewage treatment plants, incinerators, water conduits and other public utilities privately or publicly owned, zoning districts, general layout,of neighborhood units and community centers therein, the replanning of blighted areas and such other features as will provide for the improvement of the City and its further growth, protection and development and will afford adequate facilities for the housing, transportation, distribution, comfort, convenience, health, safety and general welfare of its population. Such Master Plan may also show any of the above features in relation to areas outside the city's limits and within the counties of Schenectady, Saratoga or Albany.

§ 91-13 Hearing on Master Plan.

Before adopting the Master Plan or any part thereof relating to the area within the City or a modification of any part of such portion of the Master Plan, the Planning Commission may hold a public hearing or hearings. At least 10 days' notice shall be given prior to the holding of such hearing by publication in the official newspaper or newspapers of the city.

§ 91-14 Filing of Master Plan.

The various plans comprising the Master Plan and all modifications thereof, when adopted, shall be filed in the office of the Planning Commission, and certified copies shall be filed in the offices of the City Engineer and the City Clerk.

§ 91-15 Matters to be referred to Commission.

[Amended 12-3-1984 by Ord. No. 84-102]
Pursuant to § 30 of the General City Law, the Council shall refer to the Planning Commission all proposals concerning or affecting the following:
A. 
Any proposed addition to or change in the Official City Map not initiated by the Planning Commission.
B. 
Any proposed amendment to zoning regulations of the City or any proposed zoning regulations to replace zoning regulations existing at the time such proposal is made, if such proposed amendment or zoning regulations are not submitted by the Planning Commission.
C. 
Any proposed omnibus route or any proposed extension or modification of an existing omnibus route.
D. 
The sale of real property other than that acquired by in-rem tax foreclosure.
[Amended 3-23-1998 by Ord. No. 98-12]

§ 91-16 Hearing on matters referred to Commission.

[Amended 4-14-1980 by Ord. No. 80-69]
If the matter referred to the Planning Commission by the City Council is a proposed public improvement involving the establishment of an assessment district, a written ten-day notice shall be mailed by the City Engineer to all property owners included in the proposed improvement district, directed to their addresses as they appear on the City tax roll, advising them of the proposed improvement and assessment and informing them of a meeting to be held at a specified time and date before the City Planning Commission. This meeting will provide them with an opportunity to obtain further information on the proposed improvement and assessment.

§ 91-17 Approval of plats.

The Planning Commission is hereby authorized and empowered to approve plats showing new streets in the city. Such Commission shall have all the powers and be subject to all the duties of Article 3 of the General City Law in relation to such plats. It shall be the duty of the Chairman of the Commission to file with the County Clerk a certificate stating that the Commission has been so authorized to approve plats. Such certificate shall state also that the Chairman of the Commission shall issue the certificate of the City of its failure to take action on a plat, whenever it is necessary to issue such a certificate, pursuant to § 32 of the General City Law.
[Adopted 4-28-2003 by Ord. No. 2003-6]

§ 91-18 Short title and applicability.

This article shall be known and may be cited as the "Alternate Planning Commission Member Act." This article shall apply to the appointment, terms, functions and powers of an alternate member appointed to serve on the Planning Commission in the City of Schenectady, County of Schenectady.

§ 91-19 Declaration of policy.

It is sometimes difficult to maintain a quorum on the Planning Commission because members are ill, on extended vacation, find they have a conflict of interest in a specific matter before the board, or when the body contains membership vacancies. These issues are also anticipated to become heightened in July 2003 when authorization of resolutions of the Planning Commission will require a majority of the full membership of the body to pass, pursuant to pending state law date of effect. In such instances, official business cannot or may not be conducted, which may delay or impede adherence to required timelines. The use of an alternate member in such instances is hereby authorized pursuant to the provisions of this article.

§ 91-20 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed to serve on the Planning Commission when any regular member is unable to participate on an application or mailer before the respective board, as provided herein.
MEMBER
An individual appointed to serve on the Planning Commission pursuant to the provisions of the ordinance or ordinance which first established such Planning Commission, as amended to date.
PLANNING COMMISSION
The Planning Commission of the City of Schenectady, as established by the City Council by ordinance or ordinance, pursuant to the provisions of Chapter 91 of the City Code.

§ 91-21 Purpose; appointment; designation; powers and duties.

A. 
The City Council of the City of Schenectady hereby enacts this article to provide a process for appointing an alternate member of the Planning Commission. This individual would serve when members are absent or unable to participate on an application or matter before the respective Commission to which he or she is appointed as an alternate.
B. 
One alternate member of the Planning Commission shall be appointed by the Mayor, for a term the length of which shall be the same as a regular member. The alternate member shall have all of the responsibilities of a member of the Commission.
C. 
The Planning Commission Chair shall designate the alternate member to substitute for a member when such member is unable to participate on an application or matter before the Commission. When so designated, the alternate member shall possess all the powers of such member of the Commission he or she is substituting for, with the exception of specific duty, responsibility and authority reserved to officers. Such designation shall be entered into the minutes of the initial Planning Commission meeting at which the substitution is made.
D. 
All provisions of state law relating to Planning Commission member eligibility, vacancy in office, removal, compatibility of offices and service on other commissions and boards, as well as any provision or ordinance relating to training, continuing education, compensation and attendance, shall also apply to the alternate member.