ARTICLE 12-a. CITY AND VILLAGE PLANNING COMMISSIONS.Section 234. Creation, appointment and qualifications.
235. Officers, expenses and assistance.
236. General powers.
237. Maps and recommendations.
238. Private streets.
239. Rules.
239-a. Construction of article.
Sec. 234. Creation, appointment and qualifications. Each city
and incorporated village is hereby authorized and empowered to create
a commission to be known as the city or village planning commission.Such commission shall be so created in incorporated villages by
resolution of the trustees, in cities by ordinance of the common
council, except that in cities of the first class, having more than a
million inhabitants, it shall be by resolution of the board of
estimate and apportionment or other similar local authority. In
cities of the first class such commission shall consist of not more
than eleven, in cities of the second class of not more than nine, incities of the third class and incorporated villages of not more thanseven members. Such ordinance or resolution shall specify the publicofficer or body of said municipality that shall appoint such
commissioners, and shall provide that the appointment of as nearly as
possible one-third of them shall be for a term of one year; one-third
for a term of two years, and one-third for a term of three years; and
that at the expiration of such terms, the terms of office of their
successors shall be three years; so that the term of office of
one-third of such commissioners, as nearly as possible, shall expireeach year. All appointments to fill vacancies shall be for the
unexpired term. Not more than one-third of the members of said
commission shall hold any other public office in said city or
village. In a county containing a population of over three hundred
thousand one of the members of any such commission may reside outside
of such village or city as the case may be.
Sec. 235. Officers, expenses and assistance. The commission
shall elect annually, a chairman from its own members. It shall
have the power and authority to employ experts, clerks, and a
secretary, and to pay for their services and such other expensesas may be necessary and proper, not exceeding, in all, the annual
appropriation that may be made by said city or village for said
commission. The body creating the commission shall by ordinanceor resolution provide what compensation if any, each of such
commissioners shall receive for his services as such
commissioner. Each city and incorporated village is hereby
authorized and empowered to make such appropriation as it may see
fit for such expenses and compensation, such appropriations to be
made by those officers or bodies in such city or village having
charge of the appropriation of the public funds.
Sec. 236. General powers. The body creating such planning
commission may, at any time, by ordinance or local law or
resolution, provide that the following matters, or anyone or more
of them, shall be referred for report thereon, to such commission
by the board, commission, commissioner or other public officer or
officers of said city or village which is the final authority
thereon before final action thereon by such authority: the
adoption of any map or plan of said city or incorporated village,
or part thereof, including drainage and sewer or water system
plans or maps, and plans or maps for any public water front, or
marginal street, or public structure upon, in or in connection
with such front or street, or for any dredging, filling or fixing
of lines with relation to said front; any change of any such maps
or plans; the location of any public structure upon, in or in
connection with, or fixing lines with relation to said front; the
location of any public building, bridge, statue or monument,
highway, park, parkway, square, playground or recreation ground,or public open place of said city or village. In default of any
such ordinance, local law or resolution all of said matters shall
be so referred to said planning commission.
The body creating such planning commission may, at any time,
by ordinance, local law or resolution, fix the time within whichsuch planning commission shall report upon any matter or class of
matters to be referred to it, with or without the further
provision that in default of report within the time so fixed, the
planning commission shall forfeit the right further to suspend
action, as aforesaid with regard to the particular matter upon
which it has so defaulted. In default of any such ordinance,
local law or resolution, no such action shall be taken until
such report is so received, and no adoption, change, fixing or
location as aforesaid by said final authority, prior thereto,
shall be valid. No ordinance, local law or resolution shall
deprive said planning commission of its right or relieve it of
its duty, to report, at such time as it deems proper upon any
matter at any time referred to it.
This section shall not be construed as intended to limit or
impair the power of any art commission, park commission or
commissioner, now or hereafter existing by virtue of any
provision of law, to refuse consent to the acceptance by any
municipality of the gift of any work of art to said municipality,
without reference of the matter, by reason of its proposed
location or otherwise, to said planning commission. Nor shall
this section be construed as intended to limit or impair any
other power of any such art commission or affect the same, except
in so far as it provides for reference or report, or both, on any
matter before final action thereon by said art commission.
Sec. 237. Maps and recommendations. Such planning
commission may cause to be made a map or maps of said city or
village or any portion thereof, or of any land outside the limits
of said city or village so near or so related thereto that in the
opinion of said planning commission it should be so mapped. Suchplans may show not only such matters as by law have been or may
be referred to the planning commission, but also any and all
matters and things with relation to the plan of said city or
village which to said planning commission seem necessary and
proper, including recommendations and changes suggested by it;
and any report at any time made, may include any of the above.
Such planning commission may obtain expert assistance in the
making of any such maps or reports, or in the investigations
necessary and proper with relation thereto.
Sec. 238. Private streets. The body creating such planning
commission may at any time, by ordinance or resolution provide
that no plan, plot or description, showing the layout of any
highway or street upon private property, or of building lots in
connection with or in relation to such highway or street shall,
within the limits of any municipality having a planning
commission, as aforesaid, be received for record in the office of
the clerk of the county where such real property is situated,
until a copy of said plan, plot or description has been filed
with said commission and it has certified, with relation thereto,
its approval thereof. Such certificate shall be recorded as a
part of the record of said original instrument containing said
plan, plot, or description. No such street or highway which has
not received the approval of the planning commission shall be
accepted by said city or village until the matter has been
referred to such commission under the provision of section two
hundred and thirty-six of this article. But if any such street
is plotted or laid out in accordance with the map of said
municipality, adopted according to law, then it shall not be
necessary to file such copy, or obtain or record such
certificate.
Sec. 239. Rules. Such commission may make rules not
contrary to law, to govern its action in carrying out the
provisions of this article.
Sec. 239-a. Construction of article. This article shall be
construed as the grant of additional power and authority to
cities and incorporated villages, and not as intended to limit or
impair any existing power or authority of any city or village.
Any city or incorporated village in order to appoint a
planning commission under this article shall recite, in the
ordinance or resolution so creating the commission, the fact that
it is created under this article.
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