§ 190-186. Powers and duties.

Powers and duties of the Planning Board shall be as follows:

A. 

To prepare, adopt and from time to time revise a Comprehensive Master Plan containing recommendations for the orderly physical development of the City, including the rehabilitation or redevelopment of blighted or deteriorated areas therein. Such plan shall include a generalized plan of land use and population density and a plan of major facilities for traffic and transportation of all kinds, with routes and terminals therefor, and may include any other subject relating to the physical development of the City. The subjects of the Master Plan may be presented in the form of maps, charts, diagrams, statements of standards or reports as may be appropriate.

B. 

To advise the Mayor and Common Council or any other body, department, official or agency having jurisdiction with respect to any subject of the Master Plan or to any policy or procedure relating thereto, to the end that the Master Plan shall serve as a guide for public policies, procedures and actions relating to the subjects thereon.

C. 

To study and consider all proposed amendments to the Zoning Ordinance of the City, including all proposed changes in the boundaries of districts established thereby, and to submit to the Mayor and Common Council a definite recommendation thereon previous to the adoption of any amendment by the Common Council.

D. 

To pass on the plats of all proposed subdivisions.

(1) 

Every map or plat showing a subdivision of land within the City into lots, plots or blocks, hereinafter referred to as a plat, shall, before being filed in the office of the Clerk of Niagara County, State of New York, be submitted to and approved by the Planning Board and by the City Engineer and shall be submitted to and stamped by the City Assessor. A copy of every such plat shall be filed in each of the respective offices of the Planning Board, City Engineer and City Assessor. Said Clerk shall not record any such plat unless it has been approved and stamped as herein provided.

(2) 

The Planning Board shall approve, subject to modification, or disapprove the plat of any subdivision within 45 days from and after the time of submission of the same to it; otherwise such plat shall be deemed to have been approved, and a certificate as to the date of submission of the plat and the failure of the Planning Board to take action thereon within 45 days thereafter, shall be issued by the Secretary of the Planning Board on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval by the Planning Board. Before acting on any plat, the Planning Board shall hold a public hearing thereon, notice of which shall be given by publication in the official newspaper of the City. Such hearing may be held on either the plat in final form or on a preliminary plat, or both. The grounds for disapproval of any plat shall be fully stated in the records of the Planning Board, and a copy of such statement shall be furnished to the subdivider. The approval by the Planning Board of the plat, or the certificate as to the date of the submission of such plat, and the failure of said Board to take action thereon within 45 days shall expire six months from the date of such approval or of such certificate unless the plat shall have been recorded in the meantime. Upon recording a plat, the streets shown thereon shall become a part of the Official Map of the City.

(3) 

After holding a public hearing, notice of which shall be given by publication in the official newspaper of the City, and after approval by the Common Council, the Planning Board shall adopt regulations covering the design and layout of the subdivisions and the improvements to be required therein, together with procedures governing the preparation and filing of preliminary and final plats and action thereon and the installation of improvements, including the requirement that a performance bond shall be filed to cover any improvements that have not been completed by the time of approval of the final plat. All subdivisions, the plats thereof, action on such plats and the installation of improvements in subdivisions shall conform to such regulations.

(4) 

Every plat submitted to the City Engineer shall be accompanied by a deed from the owner of the land within the streets appearing on said plat, conveying to the City the deed of such land, and which deed shall be approved by the Corporation Counsel of the City. Such deed thus approved when delivered to the City Assessor, shall be by him delivered to the City Clerk for recording in said County Clerk's office.

(5) 

Every deed of conveyance of land, including wills, exemplifications of record and land contracts, relating to land in the City, shall be presented to the City Assessor and stamped by him before it shall be recorded in said County Clerk's office, and said Clerk shall not record any such deed, will, exemplification of record or contract unless so stamped under the penalties prescribed in this section. Nothing herein shall affect the record of an unstamped deed, exemplification of record or contract.

E. 

To advise the Common Council with respect to the proposed acquisition or alienation of land. The Common Council shall not acquire any land for any purpose by any means except by tax foreclosure and shall not alienate any land by any means until such proposed acquisition or alienation shall first have been referred to the Planning Board for a report thereon, provided that failure of the Planning Board to report within 45 days after reference to it of such proposed acquisition or alienation shall be deemed to be approved thereon; provided further, that if the Common Council shall find by unanimous vote that the immediate acquisition of a specified parcel of land would be in the public interest, it need not refer the proposed acquisition thereof to the Planning Board.

F. 

To advise the Common Council with respect to any proposed change in the Official Map of the City as hereinbefore provided.

G. 

To review applications and appeals.

(1) 

Referral from the Zoning Board of Appeals. The Zoning Board of Appeals shall refer to the Planning Board all applications or appeals, which in its opinion, require review by the Planning Board.

(2) 

Criteria for review. The Planning Board shall review such applications in accordance with applicable criteria set forth in Articles III through XIV.

(3) 

Report to the Board of Appeals. The Planning Board may approve, disapprove or approve subject to conditions or modifications and shall report its findings to the Zoning Board of Appeals within 45 days of receipt thereof; such reports shall state all recommended conditions and modifications and the reasons for such approval or disapproval.

H. 

Review of other applications. The Building Inspector shall refer to the Planning Board all other applications requiring Planning Board review and recommendations as outlined in other sections of this chapter.

I. 

To act on any matter on which the Planning Board is required or authorized to act by the provisions of this chapter or of any ordinance of the City or of general law or by any action of the Common Council.

J. 

Review procedure. All plans, plats and proposals subject to review by the Planning Board shall be submitted to the office of the Building Inspector a minimum of seven days prior to the date of the meeting. Any plans, plats or proposals submitted after that date will be heard at the next regular meeting.

K. 

Each request for rezoning shall be accompanied by a fee of $100 or $50 per half-acre, whichever is greater.

[Added 3-20-1991]