HomeMy WebLinkAboutI - 19 Annual Association of Towns TrainingCalendar of Events
2022 Regional Fall Planning &
Zoning Schools
In cooperation with the NewYork
Planning Federation, our fall Planning
& Zoning Schools return to in -person
training with three convenient regional
locations. We strongly recommend
registering online ahead of time as
spacing is limited at each location. NYPF
and/or ACT member registration rates:
$90 pre -registration / $95 at the door;
non-member pre -registration $110 /
$130 at the door.
• (2nd Room Added) September 13,
2022, Town of Hyde Park (Dutchess
County), Wallace Center at FDR
Library & Museum
SOLD OUTSept:.:.L ,: D2, `32-2,
October 6, 2022, Village of Lake
Placid (Essex County), Conference
Center at Lake Placid
2023 Annual Meeting
• Feb.19 - 22, 2023, NY Marriott
Marquis
NEW THIS YEAR, register byl 0/31 to
lock in the lowest event registration rate
and hotel room rates at 2022 prices! All
rates will increase on 11 /1 and event
egistration will go up again on 1/28/231.
0.1J 0�11VUI -Y,
Case Law Update
Appellate Court Upholds Updated
Municipal Permit Fee Structure
In Matter of201 C-Town LLC v City of Ithaca (206 AD3d 1398 [2022]), a developer
challenged the City of Ithaca's street opening permit fee structure as an
unconstitutional tax. Specifically, the city developed a new fee structure during
the course of the developer's project in response to public complaints and
public safety concerns over obstructions in the right-of-way and street and
sidewalk closings.The developer paid the original application fees of $50 and
$25 and asserted that the additional permit fees were an unconstitutional tax.
The court disagreed, finding that local governments have home rule authority
to adopt local laws relating to the acquisition, care, management and use of
its highways, roads, streets, avenues and property (see Municipal Home Rule
Law section 10 [1 ] [I!] [a] [61), which includes both the issuance of permits to
allow encroachments in the rights -of -way and to impose fees to cover the costs
associated with the encroachment. Inasmuch as the public has an "absolute
and paramount"right to use the city's streets, the city could impose reasonable
conditions and fees on any permits that inhibit this right.
In this case, the initial fee structure did not contemplate the impacts of the
developer's project and, accordingly, could be modified to account for same.
The fee has to be reasonably necessary and cannot be open-ended or unlimited.
Here, the city looked to a fee structure that would allow the developer to
temporarily close a street or sidewalk but also ensure that the cost would
incentivize the
developer to
minimize these
closures and work
effi ciently. Th e
court found that
this was a rational
exercise of home
ule authority.
ith this finding,
161 governments
an feel confident
hen modifying
/ updating fee
structures so long
as the modification
is rationally related
to the costs
associated with the
permit.