City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Port Jervis 7-27-1964as part of Ch. 20 of the 1964 Code of Ordinances (Ch. 36 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 470.
Zoning — See Ch. 535.
There shall be a City Planning Board appointed by the Mayor, which Board shall consist of seven members with no more than a minority holding any other public office or position. The terms of the officials or employees of the City shall terminate with the term of the Mayor. The initial appointments of as nearly as possible 1/3 of the other 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, and terms of their successors shall be for three years. Vacancies, other than by expiration of term, shall be filled by the Mayor.
Such members shall receive no payment for their services as members of the Planning Board. The municipal 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 municipal office held by them during such membership.
The Chairman of the Planning Board shall be designated by the Mayor.
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 such Board.
The Planning Board may adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction under this chapter or any other statute, after public hearing by the Planning Board and subject to the approval of the Common Council.
The Planning Board shall have and exercise the following powers and duties:
A. 
Planning generally; maps and reports. To prepare and change a master plan for the development of the entire area of the City; to make investigations, maps, reports and recommendations relating to the planning of the City and its growth and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
B. 
Approval of plats; duty of City Clerk-Treasurer. To approve all plats showing any streets or highways within the City, and the City Clerk-Treasurer is hereby authorized and charged with the duty of filing in the office of the Clerk of the County of Orange a certificate showing that the Planning Board has been authorized to approve the plats, and the City Clerk-Treasurer shall issue in behalf of the Planning Board the certificate of failure to take action in accordance with the provisions of § 32 of the General City Law.
C. 
Subdivision plats; action on street changes. To approve or disapprove changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the County Clerk's office.
D. 
Subdivision plats; action on zoning regulations. Simultaneously with the approval of any such plat, to confirm and make changes in the zoning regulations applicable to the land included in any such plat in accordance with the provisions of § 37 of the General City Law and amendments thereto.
E. 
Other powers; conduct of hearings. The Planning Board shall also exercise all other powers conferred upon it by the provisions of the General City Law and shall pass upon all matters which may be referred to it from time to time by resolution of the Common Council. It shall conduct hearings and perform its duties in accordance with such procedure as provided in §§ 29 to 34 of the General City Law and acts amendatory thereof.
A. 
Written request. For the convenient and orderly transaction of all business before the Board, a written request will be extended or accepted, as the need arises, for any person to appear before the Board.
B. 
Scope of authority. The Board, on its own motion, may consider all matters within its power and authority; all other matters shall be referred to it by the Common Council except the approval of plats, application for which shall be made directly to the Board.
C. 
Reports and recommendations. Reports and recommendations of the Board will be in writing.
A. 
Notice to be published. Notice of a public hearing to be held by the Board shall be advertised at least once in an official newspaper or in a newspaper of general circulation in the City at least five days before each such hearing.
B. 
Contents of notice. The notice of public hearing shall include the date and time when and the place where said hearing is to be held, together with a brief statement of the purpose of the hearing.
C. 
Presiding officer. The Chairman of the Planning Board shall preside at each public hearing unless he designates some other Board member to preside. If the Chairman is unwilling or unable to preside and fails to designate a substitute, a quorum of the Board shall designate one of its members to preside.
D. 
Notice to be read; list prepared. At each public hearing the published notice thereof with proof of publication shall be read, and the presiding officer shall then cause a written list to be prepared of the name and address of each person who desires to be heard and on whose behalf he appears, and it shall be proper for the presiding officer to indicate the amount of time available for each speaker.
E. 
Minutes. Minutes of each public hearing shall be kept by the Board, and it shall be permissible to record verbatim the remarks of any person who speaks at said hearing.
[Added 3-24-1986 by L.L. No. 1-1986; amended 7-27-1987 by L.L. No. 6-1987]
A. 
Every application for either site development plan approval or subdivision approval shall be accompanied by a fee, payable to the City Clerk-Treasurer, in accordance with the fee schedule set forth herein.
B. 
In order to determine the proper fee, the applicant shall submit an affidavit to the Building Official setting forth the estimated value of the project.
C. 
Applications for approval of conditional uses shall be subject to the same fee as would be imposed pursuant to Subsection A above.
D. 
The fee to be charged pursuant to Subsections A and C above shall be as per § 535-72J of Chapter 535, Zoning.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
If the actual cost of construction differs from the value set forth in the affidavit submitted pursuant to Subsection B, the applicant shall pay the additional fee due prior to the issuance of a certificate of occupancy.
F. 
No public hearing shall be scheduled unless and until the appropriate fee is paid.
A. 
Pursuant to § 27 of the General City Law, alternate Planning Board positions for the City of Port Jervis Planning Board are hereby established for use when a regular member cannot participate due to a conflict of interest.
B. 
Pursuant to the Municipal Home Rule Law, alternate Planning Board members may also serve in place of a regular member who is absent.
C. 
The term for the alternate Planning Board members shall run concurrently with the terms of current members.
D. 
Alternate members of the Planning Board shall be appointed by the Mayor.
E. 
The Mayor may appoint up to three alternate Planning Board members.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).