[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.
Land Reutilization Corporation of the Capital District — See Ch. 72.
Heritage Area Advisory Council — See Ch. 96.
Urban homesteading — See Ch. 102.
Urban Renewal Agency — See Ch. 103.
Environmental quality review — See Ch. 147.
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)]
As used in this chapter, the following terms
shall have the meanings indicated:
Any physical public betterment or improvement,
including preliminary studies and surveys relative thereto.
The acquisition of real property, except the
acquisition of real property pursuant to the Tax Law by voluntary
deed or foreclosure.
The purchase of equipment for any public betterment
or improvement, when such betterment or improvement is first erected
or acquired.
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.
The City Planning Commission.
The Clerk of the County of Schenectady.
Includes street, avenue, terrace, road, alley, lane, highway,
boulevard, concourse, parkway, culvert, sidewalk, crosswalk, viaduct
and every class of public road, square and place.
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.
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.
[Amended 6-2-1986 by L.L. No. 3-1986]
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.
[Amended 6-2-1986 by L.L. No. 3-1986]
The Planning Commission shall elect, annually,
one of its members as Chairman.
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.
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.
[Amended 6-2-1986 by L.L. No. 3-1986]
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.
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.
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.
[Amended 7-2-1979 by Ord. No. 79-63; 12-15-1986 by Ord.
No. 86-76]
The Department of Development is the custodian
of the Official City Map.
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.
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.
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.
[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]
[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.
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]
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.
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.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
