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§ 192. City planning commission. a. There shall be a city planning
commission to consist of the chair and twelve other members. The mayor
shall appoint the chair and six other members of the commission, the
public advocate shall appoint one member, and each borough president
shall appoint one member. Members shall be chosen for their
independence, integrity and civic commitment. Appointments of all
members, except for the chair, shall be subject to the advice and
consent of the council. For such appointments by officials other than
the mayor, the procedure for obtaining the advice and consent of the
council shall be the same as the procedure provided for in section
thirty-one for appointments by the mayor. Except as otherwise provided
in section one hundred ninety-one, no member shall hold any other city
office. Members other than the chair shall be appointed for a term of
five years; provided, however, that of the members other than the chair,
one member appointed by the mayor and one member appointed by a borough
president shall serve for terms to expire on the thirtieth day of June,
nineteen hundred ninety-one; one member appointed by the mayor and one
member appointed by a borough president shall serve for terms to expire
on the thirtieth day of June, nineteen hundred ninety-two; one member
appointed by the mayor and one member appointed by a borough president
shall serve for terms to expire on the thirtieth day of June, nineteen
hundred ninety-three; one member appointed by the mayor and one member
appointed by a borough president shall serve for terms to expire on the
thirtieth day of June, nineteen hundred ninety-four; and two members
appointed by the mayor, the member appointed by the public advocate and
one member appointed by a borough president shall serve for terms to
expire on the thirtieth day of June, nineteen hundred ninety-five. The
borough presidents shall determine by lot the length of the term to be
served by the member first appointed by each borough president. The
appointing officials shall make their first appointments to the
commission on or before the first day of March, nineteen hundred ninety.
The commission members so appointed shall assume office on the first day
of July, nineteen hundred ninety. Members of the commission shall
serve until their successors have been confirmed. Any vacancy occurring
other than by expiration of a term shall be filled by the official who
appointed the member in the same manner as the original appointment. A
person so appointed shall serve for the unexpired portion of the term of
the member succeeded. Terms shall begin on the next date after the
expiration date of the preceding term.
b. Members, except for the chair, shall not be considered regular
employees of the city for purposes of chapter sixty-eight. The agency
served by the members of the commission shall for purposes of chapter
sixty-eight be deemed to be both the commission and the department of
city planning. No member, while serving as a member, shall appear
directly or indirectly before the department, the commission, or any
other city agency for which the conflicts of interest board shall, by
rule, determine such appearance creates a conflict of interest with the
duties and responsibilities of the member. No firm in which a member
has an interest may appear directly or indirectly before the department
or commission. For purposes of this section, the terms "agency,"
"appear," "firm," and "interest" shall be defined as provided in chapter
sixty-eight.
c. One of the members other than the chair shall be designated by the
mayor as vice-chair and shall serve as vice-chair at the pleasure of the
mayor. The vice-chair shall possess the powers and perform the duties
of the chair when the chair is absent or while a vacancy exists in the
office of the chair, and shall at such times serve as director of city
planning.
d. The city planning commission shall be responsible for the conduct
of planning relating to the orderly growth, improvement and future
development of the city, including adequate and appropriate resources
for the housing, business, industry, transportation, distribution,
recreation, culture, comfort, convenience, health and welfare of its
population.
e. The city planning commission shall oversee implementation of laws
that require environmental reviews of actions taken by the city. The
commission shall establish by rule procedures for environmental reviews
of proposed actions by the city where such reviews are required by law.
Such rules shall include procedures for (1) selection of the city agency
or agencies that will be responsible for determining whether an
environmental impact statement is required in connection with a proposed
action and for preparation and filing of any such statement required by
law, (2) participation by the city in environmental reviews involving
agencies other than city agencies and (3) coordination of environmental
review procedures with the land use review procedures set forth in this
charter. The director of city planning and the commissioner of the
department of environmental protection shall assign from the staffs of
such departments an office of environmental coordination, which shall
provide assistance to all city agencies in fulfilling their
environmental review responsibilities.
f. Not later than the thirty-first day of December, nineteen hundred
ninety-two and every four years thereafter, the commission shall file
with the mayor, the council, the public advocate, the borough
presidents, and the community boards, a zoning and planning report. The
report shall include (1) a statement of the planning policy of the
commission, which policy shall take into consideration, among other
things, the ten-year capital strategy, the four-year capital program,
the report on the social, economic and environmental health of the city
issued pursuant to section sixteen, the strategic policy statements
provided for in section seventeen and plans approved pursuant to section
one hundred ninety-seven-a, (2) a summary of the significant plans and
studies completed or undertaken by the department of city planning in
the preceding four years, (3) an analysis of those portions of the
zoning resolution that merit reconsideration in light of the planning
policy of the commission and (4) proposals for implementing the planning
policy of the commission whether by amendment of the zoning resolution,
development of plans or otherwise.