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