Corning City Zoning Code
ARTICLE X
Planning Commission
§ 240-72 Establishment.
A.
There is hereby established a Planning Commission which shall, unless otherwise modified herein, possess the same powers, duties, and responsibilities as specified for a planning commission under Article 12-A of the General Municipal Law, and a planning board under Article 3 of the General City Law.
§ 240-73 Composition.
A.
The Planning Commission shall consist of five regular members and two alternate members. The term of member one shall expire on December 31, 2015. The term of member two shall expire on December 31, 2016. The term of member three shall expire on December 31, 2017. The term of member four shall expire on December 31, 2018. The term of member five shall expire on December 31, 2019. At the expiration of those terms, the terms of office for successor regular members shall be five years. The term of alternate one shall expire on December 31, 2017. The term of alternate two shall expire on December 31, 2019. The terms of office of each alternate member thereafter appointed shall commence on January 1 of the year following the expiration of the preceding term, and alternates thereafter appointed shall serve terms of three years.
B.
All members and alternate members shall be residents of the City of Corning, and shall be appointed by the Mayor upon expiration of a member's term, or upon vacancy in office.
C.
The City Council shall have the power to remove any member of the Planning Commission for cause after public hearing.
D.
Alternates.
(1)
The Mayor, with the approval of the City Council, shall appoint two alternate members to the Planning Commission.
(2)
Alternate members of the Planning Commission are governed by the same Code provisions as regular members of the Planning Commission concerning eligibility to serve, the filling of vacancies and election of members, term limits, removal, compatibility of office and service on other boards, as well as any provisions of any state, local laws, or local ordinances relating to training, continuing education, and compensation. Alternate members have the same powers, rights, duties, responsibilities, and voting authority as regular Planning Commission members in all respects when selected to serve at a Commission meeting.
(3)
Alternate members of the Planning Commission shall not be permitted to serve on the Planning Commission when the Commission successfully attains a quorum of three or more regular members.
(4)
Alternate members of the Planning Commission shall be contacted and appointed to serve as Commission members when the Commission is otherwise unable to obtain a quorum of at least three members due to a conflict of interest, illness, unavailability, or absence of three or more regular members.
(5)
The Planning Commission must contact its alternate Planning Commission members on a rotating basis, such that whichever alternate last served at a Commission meeting, the other alternate shall be called first and serve first, if available.
(6)
The designation of two alternates to the Planning Commission shall not affect the requirement that the standing committee at a meeting shall consist of a maximum of five members, nor the requirement that three members of the Planning Commission form a quorum, pursuant to General Municipal Law § 234 and Public Officers Law § 102.
(7)
A decision made by the majority of a quorum of the Planning Commission, whether or not that quorum consists of alternates, is binding upon its being made.
E.
The presence of a majority of the five-member Commission constitutes a quorum. A quorum of the Planning Commission shall consist of any combination of three regular members or alternate members (as defined in Corning City Code § 240-73).
F.
Each Planning Commission member shall serve without compensation.
§ 240-74 Service on other boards and commissions.
A resident of the City of Corning cannot serve on the Planning Commission if the resident is a member of the City of Corning Zoning Board of Appeals or the Corning City Council.
§ 240-75 Conflicts of interest.
§ 240-76 Chairperson.
A.
The Mayor shall have authority to designate any regular member of the Planning Commission as chairperson. The appointment of a chairperson shall be for a term of one year.
B.
In the absence of the chairperson at any meeting, the Planning Commission shall choose one of the members present as acting chairperson.
§ 240-77 Meetings.
A.
The Planning Commission will schedule monthly meetings on a designated date, and at any other additional times deemed necessary by the chairperson, or by a majority of members present at a duly convened meeting.
B.
The Planning Commission minutes and proceedings shall be filed with the City Clerk.
§ 240-78 Powers.
The Planning Commission shall have all the powers and duties prescribed by law and by this article. The Planning Commission shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this article, and all its resolutions and orders shall be in accordance therewith. The powers of the Planning Commission are more particularly specified as follows:
B.
The review and approval or disapproval of applications for a permit to establish or modify junkyards, mobile homes, or manufactured home parks; and
C.
Authority to recommend additions and amendments to zoning regulations; and
D.
Review and approval of subdivision and combining of parcels of land; and
E.
Review and reporting as to matters as may be referred to the Planning Commission for report thereon by a board, agency, or public officer of the City which is the final authority thereon, at any stage before final action thereon by such board, agency or public officer.
§ 240-79 Applications before Commission.
All applications made to the Planning Commission shall be in writing on forms prescribed by the Commission, and shall be accompanied by a nonrefundable fee in effect at the time of filing, as set by the City Council and listed in the Corning City Code's Fee Schedule.[1] Except as otherwise described in this code, the application shall be filed with the Director of Planning and Economic Development or designee who will transmit to the Commission all papers, maps, drawings, and documents constituting the application.
§ 240-80 Prior acts, decisions and references.
A.
All prior acts and decisions of the City of Corning's Planning and Zoning Commission remain in effect, remain final and binding, and are ratified by the Planning Commission by the adoption of this article.
B.
Any and all members of the City of Corning's Planning and Zoning Commission are hereby appointed as members of the Planning Commission with corresponding terms of appointment.
C.
Any and all references to the term "Planning and Zoning Commission" in the Corning City Code are hereby replaced with the term "Planning Commission."
§ 240-81 Supersession of state law.
This article is hereby adopted pursuant to the provisions of New York State Municipal Home Rule Law § 10. It is the intent of the City of Corning, pursuant to Municipal Home Rule Law § 10, to supersede the provisions of General Municipal Law § 234 relating to the term limits of members of the Planning Commission, and also to supersede General Municipal Law § 234, insofar as that section does not explicitly establish the appointment of alternate members to the Planning Commission. This article shall also supersede any provisions of the General Municipal Law concerning planning commissions deemed inconsistent with this article.
§ 240-82 Severability.
If any provision of this article is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this article shall remain in effect.