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HomeMy WebLinkAboutTraining of Municipal Planning and Zoning Officials.PDFt t Gfuapter €62, Laws of 28OG YYhere is training currently available? Free training is readily available throughout the state. The Department of State hosts training courses throughout the year at various locations around the state. (iivluuldos.stale=nyus,l Other state agencies also provide training courses including the Department of Agriculture and Markets 6'vw!u.aSx0kt.state.ny,!9, the Office of the State Comptroller 0rwwosQ€tate.nygEl, and The Department of Environmental Conservation (www.dec,state.ny.us), to name just a few. State Associations including the Association of Towns orwu4rrldowDs€rd, the Conlerence of Mayors &!u!uryeon0,qrs) and the NY Planning Federation f,vwulnypl,glg} ofier training and hold annual conferences which include a variety of training opportuni- ties. The New York Municipal lnsurance Reciprocal has free training availableonline.@ Pace University and Land Use Law Center provides land use training, some of which may be used from home as distance learning. @. Other universities and colleges also often offer training. (See e.g. Albany Law School, Government Law Center www.albanylaw.edu,). The Lincoln Institute of Land Use Policy has designed a series of on line courses on critical land and land related tax policies. t Many counties and municipalities and regional planning councils offer their own training. t Self study may also be used if approved by a municipality. lf$ill additional planning and zoning training programs he availahle to municipalities? t Yes, new training opportunities are in the works and will begin to be available at the start ot 2007. Ghapter 6S2, Laws of 2OOG Promoting the Training cf Municipal Planning and Zoning Officials Fact $heet Published by: NYS Legislative Gommission on Rural Resourees $enator George H, lfYinner, Jr", Ghairman ln cooperatEon with: New York Planning Federation Association of, Towns of the State of New York New York State Conference of Mayors and Municipal Officials ilew York State Department of State New York State Builders Association New York Farm Bureau Chapter 6G2, Laws of 2OOG l{hat the new law does? t Requires that a minimum of four hours of training be received by municipal planning and zoning officials including county planning board members, eaeh year. Why the law was passed? t In New York state, cities, towns and villages have primary responsi- bility to regulate private land use through citizen planning boards and zoning boards. Their actions have a profound impact on state and local land use policies and individual land owners. t Well considered and timely decisions by municipal boards and commissions attract quality community development, and result in fewer lawsuits and lower costs for municioal liabilitv insurance. ) The new law promotes a minimum training standard for planning and zoning board members throughout the state at no or minimal fiscal impact, while allowing municipalities a wide latitude in the training opportunities they may authorize members to receive. Who $upported passage of the nc$r law? t The new law received broad-based support from many organizations and individuals. Wasntt training already provided for by law prior to passage of Chapter 662? t While individual municipalities could require training of planning and zoning board members, and some already do so, there was no uniform statutory training standard for municipal planning and zoning officials in New York. When does the new law take effect? Are there any exceptions in the new lavv? from the requirements of Chaoter 662. A municipality may waive the four hour requirement, or part of it, by passing a resolution. Does the new law apply to county planning boards in charter counties? t Yes, it applies to such members if they are appointed by the county governing body. Does the law apply to alternate board members? t Yes, it applies to alternate board members as well as regular memoers. Ghapter 662n Laws ot 2OOG tYhat sort of training is required? t The legislative body for each city, county, town or village approves a course or courses of trainino for its board members. ) The type of acceptable training is Ieft to the discretion of individual municipalities, and could even vary for individual board members. Training can provide either basic skills or can offer new and ad- vaneed planning and zoning approaches. t Training opportunities could include courses offered by a municipality (for example, at regular board meetings covering the newest laws), a regional or county planning office, a state agency such as the Department of State, a state association like the Association of Towns, Conterence of Mayors, or NY Planning Federation, or even a college or other similar entity. () Training formats available are also flexible and can include traditional - classroom training, video and distance learning, or even self study. What happens if a municipal board mGmber receives more than the required four hours of training in one year? t Training received in e{cess of four hours in any one year, may be carried over into another year, at the discretion of the municipality. *That happens if a person serves on more than one planning or zoning board? Are they required to receive fosr hours of yearly training for each position? ) Not under the new law. However, municipalities have the discretion to require training in excess of the four hour yearly minimum. What happens if a municipal board member doesntt meet the Tpinimum training rcquire- firents established by a rnunicipality? ) Board members failing to receive haining required by their municipal- ity are ineligible for reappointment to their board, unless exempted by their governing board. Do municipalities need to notiflr anyone when they establish a training program for members cf their planning and zoning boards as required in the new law? t No, but municipalities should establish a system for keeping track of training received by board members. lYhat happens if a rnunicipality daesn't enact a local law or resolution to establish a training program for rnembers of its plan- ning and zoning boards? ) lt is incumbent upon municipal officials to act in accordance with this new state law. Decisions of the ZBA must be filed in the office of the municipal clerk within five business daysfrom the day it was rendered. $ copy must also be mailed to the applicant.36In addition, if thematter was referre{lo the county or regional planning agency pursuant to General MunicipalLaw, $239-m, the ZBA must file its deiision with tha:t alency withi" t0;"yr. If the zBA actedcontrary to the decision of the county or regional planniig agency, the reasons for the contraryaction must be included.3? e----J ' ---v 'Ywuvrr REHEARINGS A motion for the zBAto hold a rehearing to review any order, decision or determination of theboard not previously reviewed, canbe made by any member of the board. A unanimous vote ofall members of the board then present is requiied ior a rehearing to occur. The rehearing issubject to the same notice provisions as an originat hearing. 'upon such a rehearing the board may reve-rse, modiff or annul its original order, decision ordetermination upon the unanimous vote of all members then present, provided the board findsthat the rights vested in persons acting in good faith in reliance upon the reviewed order, decisionor determination will not be prejudiced thireby.3s If a lawsuit has been commenced against azoning board to review a decision, the zoning toard has no power to reopen the application whilethe lawsuit is pending. TRAINING OF ZBAAND PLANNING BOARD MEMBERS on September 19, 2006, Governor Pataki sjsned chapter 662 of thelaws of 2006, whichrequires training for all ZBA andplanning board *.rib"rr. Under this new legislation that willbecome effective January l,2007,each member of a city or village zBA orplanning board willbe required to complete four hours of training each yearit A me;nber must complete this trainingin order to be eligible for reappointmenj This training requirement can be waived or modified!r ttre legislative body of the city or village by resolutloo, *rr.r, it is judged to ue in the bestinterest of the municipality to do so. The city or village legislative body determines those providers of training ,iru, ur"acceptable.Providers can include but are not limited to: -- E* -r^.b r**! s o I municipality;o ,4. regional or countyplanning office or commission;o ,4. countyplanning federation;o I state agency;o d statewide municipal association (forexample NycoM, NYMIR,2 the N.y. pranning Federation or the Association of Towns); or - o I college or other similar entity. Some of the formats available for training include:o Electronic media; , Il"ili:-g- received.in ary given year in excess of4 hours can be carried over into the succeeding year.'The NYMIR ZoningSchool is available online at www.nymir.org.