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HomeMy WebLinkAbout2006 Law Chapter 662, laws of 2006 Where is training currently available? -+ Free training is readily available throughout the slate. -+ The Department of State hosts training courses throughout the year at various locations around the slate. (www.d.Qs.state.nv.us) -+ Other slate agencies also provide training courses including the Department of Agriculture and Markets (www_..~..Q.mkL~tate:Jl~), the OHice of the Stale Comptroller (www.osc.state.nv.us). and The Department of Environmental Conservation &WY!'.._q~J,.,~!~te.nv.us), to name just a few. -+ Slate Associations including the Association of Towns (www nytowns.oniJ), the Conference 01 Mayors (www.nycom.orl;J\ and the NY Planning Federation (www.I1YJ2t..Qrg) offer training and hold annual conferences which include a variety of training opportuni. ties. -+ The New York Municipal Insurance Reciprocal has free training available on line. (www.nvmir.ora/zonina rea.shtmB -+ Pace University and Land Use Law Center provides land use training, some of which may be used from home as distance learning. (~w_'W-,-LgW..ml_C_e.,e,du/landuse). -+ Other universities and colleges also often offer training. (See e.g. Albany Law School, Government Law Center www.albanvlaw.edu}. -+ The Lincoln Institute of Land Use Policy has designed a series of on line courses on critical land and land related tax policies. (www lincolneducationonline ora) -+ Many counties and municipalities and regional planning councils offer their own training. -+ Sell study may also be used if approved by a municipality. Will additional planning and zoning training programs be available to municipalities? -+ Yes, new training opportunities are in the works and will begin to be available at the start of 2007. Chapter 662, Laws of 2006 Promoting the Training of Municipal Planning and Zoning Officials Fact Sheet In 2006 the state legislature approved a bill, spon- sored by Senator George H. Winner, Jr. and Assembly- woman Sandra R. Galef, to establish minimum training requirements for municipal planning and zoning offi- cials. It was signed into law by the Governor as Chapter 662 of the laws of 2006 and takes effect January 1, 2007. The new law calls for a minimum training stan- dard of four hours each year for members of county, city, town, and village planning and zoning boards. The purpose of this fact sheet is to help answer some commonly asked questions as well as point to sources of training and further information. Published by: NYS Legislative Commission on Rural Resources Senator George H. Winner, Jr., Chairman In cooperation with: New York Planning Federation Association of Towns of the State of New York New York State Conference of Mayors and Municipal Officials New York State Department of State New York State Builders Association New York Farm Bureau Chapter 662, Laws of 2006 What the new law does? -+ Requires that a minimum of four hours of training be received by municipal planning and zoning officials including county planning board members, each year. Why the law was passed? -+ 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. -+ Well considered and timely decisions by municipal boards and commissions attract quality community development, and result in fewer lawsuits and lower costs for municipal liability 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 supported passage of the new law? -+ The new law received broad. based support from many organizations and individuals. Wasn't training already provided for by law prior to passage of Chapter 662? -+ 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? -+ The law takes effect on January 1,2007. Are there any exceptions in the new law? -+ A municipality with a population of one million or more is exempt from the requirements of Chapter 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? -+ Yes, it applies to such members if they are appointed by the county governing body. Does the law apply to alternate board members? -+ Yes, it applies to alternate board members as well as regular members. Chapter 662, Laws of 2006 What sort of training is required? -+ The legislative body for each city, county, town or village approves a course or courses of training for its board members. -+ The type of acceptable training is left 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- vanced planning and zoning approaches. -+ 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 01 State, a state association like the Association of Towns, Conference 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 member receives more than the required four hours of training in one year? -+ Training received in excess of four hours in anyone year, may be carried over into another year, at the discretion of the municipality. What happens if a person serves on more than one planning or zoning board? Are they required to receive four hours of yearly training for each position? -+ Not under the new law. However, municipalities have the discrefion to require training in excess of the four hour yearly minimum. What happens if a municipal board member doesn't meet the minimum training require- ments established by a municipality? -+ Board members failing to receive training required by their municipal- ity are ineligible for reappointment to their board, unless exempted by their governing board. Do municipalities need to notify anyone when they establish a training program for members of their planning and zoning boards as required in the new law? -+ No, but municipalities should establish a system for keeping track of training received by board members. What happens if a municipality doesn't enact a local law or resolution to establish a training program for members of its plan- ning and zoning boards? -+ It is incumbent upon municipal officials to act in accordance with this new state law. RETRIEVE BILL Page 1 of2 ~ 267. Zoning board of appeals. section: 1. Definitions. As used in this (a) "Use variance" shall mean the authorization by the zoning board of appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. (b) "Area variance" shall mean the authorization by the zoning of appeals for the use of land in a manner which is not allowed dimensional or physical requirements of the applicable regulations. 2. Appointment of members. Each town board which adopts a local law or ordinance and any amendments thereto pursuant to the powers granted by this article shall appoint a board of appeals consisting of three or five members as shall be determined by such local law or ordinance and shall designate the chairperson thereof. In the absence of a chairperson the board of appeals may designate a member to serve as acting chairperson. The town board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the town board for such purpose. 3. Town board members ineligible. No person who is a member of the town board shall be eligible for membership on such board of appeals. 4. Terms of members first appointed. In the creation of a new board of appeals, or the reestablishment of terms of an existing board, the appointment of members to the board shall be for terms so fixed that one member's term shall expire at the end of the calendar year in which such members were initially appointed. The remaining members! terms shall be so fixed that one member1s term shall expire at the end of each year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed for a term which shall be equal in years to the number of members of the board. 5. Terms of members now in office. Members now holding office for terms which do not expire at the end of a year shall, upon the expiration of their term, hold office until the end of the year and their successors shall then be appointed for terms which shall be equal in years to the number of members of the board. 6. Increasing membership. Any town board may, by local law or ordinance, increase a three member board of appeals to five members. Additional members shall be first appointed for single terms as provided by resolution in order that the terms of members shall expire in each of five successive years and their successors shall thereafter be appointed for full terms of five years. No such additional member shall take part in the consideration of any matter for which an application was on file with the board of appeals at the time of his or her appointment. 7. Decreasing membership. A town board which has increased the number of members of the board of appeals to five may, by local law or ordinance, decrease the number of members of the board of appeals to three to take effect upon the next two expirations of terms. Any board of appeals which, upon the effective date of this section has seven members, may continue to act as a duly constituted zoning board of appeals until the town board, by local law or ordinance, reduces such membership to three or five. However, no incumbent shall be removed from office except upon the expiration of his or her term. 7-a. Training and attendance requirements. (a) Each member of the board of appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in anyone year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision. Such training shall board by the zoning http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUER YTYPE=LA WS+&QUER YDA T A=$$T... 9/13/2007 RETRIEVE BILL Page 2 of2 be approved by the town board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training. (b) To be eligible have completed the subdivision. (c) The training required by this subdivision may be waived or modified by resolution of the town board when, in the judgment of the town board, it is in the best interest of the town to do so. (d) No decision of a zoning board of appeals shall be voided or declared invalid because of a failure to comply with this subdivision. 8. Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the town board shall appoint the new member for the unexpired term. 9. Removal of members. The town board shall have the power to remove, after public hearing, any member of the zoning board of appeals for cause. Any zoning board of appeals member may be removed for non-compliance with minimum requirements relating to meeting attendance and training as established by the town board by local law or ordinance. 10. Chairperson duties. All meetings of the board of appeals shall be held at the call of the chairperson and at such other times as such board may determine. Such chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. 11. Alternate members. (a) A town board may, by local law or ordinance, or as a part of the local law or ordinance creating the zoning board of appeals, establish alternate zoning board of appeals member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest. Alternate members of the zoning board of appeals shall be appointed by resolution of the town board, for terms established by the town board. (b) The chairperson of the zoning board of appeals may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial zoning board of appeals meeting at which the substitution is made. (c) All provisions of this section relating to zoning board of appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members. for reappointment to training promoted such board, such member shall by the town pursuant to this http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUER YTYPE=LA WS+&QUER YDA T A=$$T... 9113/2007