[Amended 7-1-1999 by Ord. No. 10; 12-16-2021 by L.L. No. 2-2021]
There shall be a City Planning Commission appointed by the Mayor.
There shall be seven members on the Commission, at least four of whom
must have substantial experience in one or more fields related to
land use, including, but not limited to, engineering, architecture,
real estate, law, surveying, or other profession or experience related
to land use. Members shall be appointed to serve for a term of three
years, except that the Mayor as necessary shall appoint a member to
serve for less than a full term in order to equalize as near as practicable
the number of appointments to be made each year. If a vacancy shall
occur, other than by expiration of term, the Mayor may at any time
fill the vacancy for the balance of the unexpired term remaining at
the time of the new appointment. Each member of the Commission shall
hold over after the expiration of his or her term until a successor
shall have been duly appointed and qualified. Before assuming office,
each member of the Commission shall file in the Office of the City
Clerk the constitutional oath of office. The Mayor may remove any
member of the Commission for misconduct, incompetency, or neglect
of duty. Any municipal official serving on the Commission shall not
by reason of membership thereon forfeit the right to exercise the
powers, perform the duties, or receive the compensation of their municipal
office during such membership.
The Planning Commission is hereby authorized and empowered to
examine any and all subdivisions and developments within this municipality
that have been recorded in the County Clerk's office without the approval
of the Planning Commission since April 20, 1945, which subdivisions
have lots therein which are occupied by structures, to the extent
of 10% or less of the total area of said subdivision. The Planning
Commission shall reexamine such subdivisions and developments and
treat them as new subdivisions, making such changes in streets, etc.,
that it deems best for the public health, safety and general welfare,
where in its judgment such changes may be effected without working
undue hardship upon the individual person. The Commission shall also
have the power to enact a set of rules and regulations which in its
opinion and experience it shall deem proper for the administration
of the Commission.
A.
The Commission shall elect annually a Chairman from its own members.
The City Engineer shall act as Executive Secretary for the Commission.
B.
The Commission shall meet at least once a month. The Commission also
shall meet at the call of the Chairman. Whenever three members, on
at least one week's written notice, requests the Chairman shall call
such a meeting. Three members shall constitute a quorum.
C.
The Commission shall keep regular minutes of the business transacted
at each meeting and, at the conclusion of each year, the Commission
shall prepare a report, in writing, to the Mayor covering its activities
and containing any recommendations it desires to make.
D.
The Commission shall have the power and authority to employ experts,
clerks, and a secretary and to pay for their services and such other
expenses as may be necessary and proper, and shall prepare an annual
budget for such purpose not exceeding, in all, the annual appropriation
that may be approved by the City Council of the City of Troy.
Any member may be removed by the Mayor for cause and after public
hearing.
A.
The Commission shall be entitled to the advice of the Corporation
Counsel.
B.
With the advice and consent of the Commission, the City Council shall
adopt rules and regulations governing the subdivision of land.
(1)
Such regulations shall require that the land shown on a plat shall
be of such a character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace
and may provide for the proper arrangement and width of streets in
relation to other existing or planned streets, and to an adopted Comprehensive
Plan, for adequate, convenient and suitable open spaces for traffic,
utilities, access of fire-fighting apparatus, recreation, light and
air, and for the avoidance of congestion of population, including
minimum width and area of lots.
(2)
As conditions precedent to the approval of a plat, such regulations
shall provide the extent to which streets, roads, highways and other
public places shall be graded and improved and to which water, sewer
and other utility mains, piping or other facilities, sidewalks, curbs,
gutters, street signs and lighting standards shall be installed, in
accordance with standards, specifications and procedures of the City
Engineer, and that suitable monuments be placed at such block corners
and other points as may be required by the Planning Commission and/or
the City Engineer.
(3)
Such regulations shall provide for the tentative approval of the
plat previous to such installation, but any such tentative approval
shall be revocable and shall not be entered on the plat. In lieu of
the completion of such improvements and utilities prior to the final
approval of the plat, the Planning Commission may accept a bond with
surety to secure to the City the actual construction and installation
of such improvements or utilities and the reasonable cost of inspection
on behalf of the Planning Commission during such construction, at
a time and according to specifications fixed by the Planning Commission
and in accordance with its regulations.
(a)
If any public utility company's facilities are proposed to be
installed within a subdivision, the subdivider shall file with the
Commission satisfactory assurance that such utility company will make
the installations necessary for the furnishing of its services within
the time frame satisfactory to the Planning Commission; the Commission
in its discretion may waive the bond as to the utility to be furnished.
(b)
The term of such bond may be extended by the Planning Commission
with the consent of the parties thereto.
(c)
If the Planning Commission shall decide at any term of the said
bond that the extent of building development which has taken place
in the subdivision is not sufficient to warrant all the improvements
covered by such bond or that required improvements have been installed
as provided in this section and in sufficient amount to warrant reduction
in the face amount of said bond, the Planning Commission, after public
hearing upon the same notice as required for the consideration of
a plat, may modify its requirements for any or all such improvements,
and the face amount of such bond shall thereupon be reduced by an
appropriate amount so that the new face amount will cover the cost
in full of the amended list of improvements required by the Planning
Commission, and any security deposited with the bond may be reduced
proportionately.
(4)
In the event that any required improvements have not been installed
as provided in this section within the term of such performance bond,
the Mayor upon recommendation of the Commission shall thereupon declare
the said performance bond to be in default. The City shall enforce
such bond by all appropriate legal and equitable remedies.
(a)
Upon the receipt of any sums of money collected upon said bond,
the City shall install such improvements as were covered thereby and
are commensurate with the extent of building development that has
taken place in the subdivision but not exceeding in cost the amount
of such monies so received.
(b)
In the event that any required improvements have been commenced
or are being installed in violation of the provisions of the resolution
of the Planning Commission approving the plat and/or not in accordance
with the specifications of the Planning Commission's regulations as
established by ordinance of the City Council, the City, in addition
to other remedies, shall institute any appropriate action or proceeding
to restrain, correct and/or abate such violation.
C.
It is intended by this article to grant to the City Planning Commission
the powers necessary for guiding and accomplishing a coordinated,
adjusted and harmonious development of the City which will, in accordance
with present and future needs, best promote health, safety and the
general welfare as well as efficiency and economy in the progress
of development. The Planning Commission may vary, subject to appropriate
conditions, such requirements of the regulations established as provided
in this section as in its judgment of the special circumstances and
conditions relating to a particular plat that are not requisite in
the interest of the public health, safety and general welfare. When
making its determination as to the improvements to be required, the
Planning Commission shall take into consideration the prospective
character of the development and the allowed density of population
under the applicable zoning ordinance. The Planning Commission shall
also hear and decide all matters upon which it is required to pass
under such regulations. In addition, the Commission shall adopt rules
and regulations in respect to procedures before it and in respect
to any subject matter over which it has jurisdiction, such rules not
to be inconsistent with law.
The rules and regulations of the Commission and the City Map
and Comprehensive Plan shall be deemed public records and shall be
open to public inspection at all reasonable times in the office of
the Commission.
