LOCAL GOVERNMENT TRAINING
Municipal officials seeking basic information about local government
powers and duties can look to the Department of State for such information. Basic
and slightly more advanced land use courses can benefit members of planning boards and zoning
boards of appeals, elected officials, zoning enforcement officers and
municipal employees. The course content is intended to familiarize local officials
with procedure, applicable State statutes, general design
concepts and the context in which local decision making occurs.
For additional information about New York Department of State training for local government officials, call the training unit at (518) 473-3355.
BASIC COURSES
ABCs of SUPs (Special Use Permits)
1 Hour
There are some uses that most of us want in our community, just not next door to us. For example, gas stations, dog kennels, convenience stores, and fast food restaurants. At this session experts will discuss how special use permits (a.k.a. conditional uses) work, and what rules local board must follow when reviewing them.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice.
Adopting and Amending Zoning
1½ - 2 Hours
An examination of the origins of zoning and the purposes for adopting regulations; the role of the municipal comprehensive plan; specific steps a municipality must take to prepare their first set of zoning regulations; procedures for the adoption and amendment of zoning laws and ordinances, including referral to the county planning board, public hearings, and filing requirements.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1.5 hours of Continuing Legal Education in the area of Professional Practice.
Community Design Tools - Taking Control of Your Community's Character
1½ - 2 Hours
Municipal officials have a variety of tools available to them to help shape the appearance of their community. At this session you will hear about tools ranging from simple design guidelines to landscape ordinances to architectural review boards. We'll look at some practical approaches that can be applied to both public and private development, and explain some basic design concepts.
Comprehensive Plan
1 - 2 Hours
This session will include a discussion of the practical and legal reasons for adopting a comprehensive plan. Included will be the importance of involving the public in the development of the plan, steps leading to the adoption of a comprehensive plan, plan contents and sources of information. There will be a review of the comprehensive plan statutes as well.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice.
Conservation Subdivision
1 - 2 Hours
Even well-planned conventional subdivisions can lead to sprawl. This session will look at conservation subdivision, a form of cluster subdivision, which redistributes development on a site in manner that preserves important environmental, historical, and aesthetic features.
County Referrals
1 Hour
Many of the matters before local planning boards, zoning boards, and governing boards require referral to the county planning agency before action may be taken on them. This course will examine the requirements of General Municipal Law §239-l, -m, and - n the law’s impact on local decision-making. It will include a discussion of the benefits of county referral, the effect of certain recommendations from the county planning agency, and the consequences of failing to make a required referral to the county planning agency.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice.
Enforcement of Zoning and Other Local Laws
2 Hours
Municipalities make all sorts of rules, including junk car laws, site plan review, subdivision regulations, and zoning. At this session we will discuss the role of the enforcement officer in enforcing these regulations, from receiving complaints to sentencing or fining of violators. The session will address the relationship of the enforcement official to the zoning board of appeals. Enforcement actions will also be addressed, including responding to complaints, inspections of private property, and interaction with violators. We’ll also discuss the effect of a zoning appeal on the enforcement action, as well as judicial enforcement of violations.
Code Enforcement Officers will receive 2 hours of In-Service Credit.
Attorneys will receive 1.5 hours of Continuing Legal Education in the area of Professional Practice.
Ethical Standards for Planning and Zoning Boards — Available Online Only
1 Hour
The public interest requires that municipal officers be of good moral character and integrity. Municipal officers should be protected from unwarranted assault on their integrity. This presentation will help members of planning boards and zoning boards of appeals determine if a conflict of interest exists in certain municipal transactions. Discussion topics will include Article 18 of the General Municipal Law and its disclosure requirements, common law conflicts and the legal repercussions that follow.
How to Conduct Effective Meetings and Hearings
1 Hour
This session will address the goals and requirements associated with holding meetings, in contrast to the purposes and legal requirements surrounding a public hearing. It will explore the role of the chairperson in conducting effective meetings and hearings, and include a discussion of how to manage the public and the media in the context of a hearing or meeting. Also addressed will be aspects of the Open Meetings Law, including executive sessions, quorums, minutes, and public notices.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice.
Intermunicipal Planning
1 - 1½ Hours
Sharing the cost of a planning project with a neighboring community that shares common problems or goals can ensure a high quality planning project that is useful for all involved communities at a lower cost to taxpayers. Intermunicipal planning projects bring together different stakeholders with unique perspectives, leading to more comprehensive solutions and often a unifying vision. This program provides an overview of the statutory abilities of local communities, case studies from across New York and an opportunity to exchange ideas for planning at an intermunicipal level.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Land Use Players - Local Planning and Zoning
2 Hours
In 1966 Richard Babcock coined the term, "the zoning game." Come find out who the players are in the local planning and zoning process, what positions they play, and how they play the game. We'll discuss dugout rules (board procedures), picking teams (appointments), the umpires (enforcement officers), watching the game (open meetings), and the bottom of the 9th (making decisions).
Code Enforcement Officers will receive 2 hours of In-Service Credit.
Attorneys will receive 1.5 hours of Continuing Legal Education in the area of Professional Practice.
Land Use Tools for Walkable Communities
1 - 1½ Hours
Increasing the availability and attractiveness of pedestrian facilities can help revitalize downtowns, provide an alternative means of transportation, and encourage a healthier lifestyle. This session provides an overview of several common municipal land use tools (zoning, site plan review, subdivision regulations, and special use permit). The program then explores how these tools can be tailored to improve pedestrian conditions by the requirement of sidewalks, pathways and other pedestrian facilities, as well as through the encouragement of better site design.
Living Above the Store and Revitalizing Downtown
1½ Hours
Nearly every vibrant downtown owes some of its success to people living in or very close to the central business district. Recent changes in New York State's Uniform Fire Prevention and Building Code made it easier to rehabilitate upper floors of buildings downtown for residential use, which is good news for New York's downtowns. But challenges remain. This program touches on some of the building code changes. It also provides information local officials can utilize to encourage and support downtown retail through their land use regulations and other resources.
Locally Unwanted Land Uses — Available Online Only
1 - 2 Hours
A quick survey of unpopular land uses and the extent to which local governments may regulate them. Among the topics addressed are: mining, day care, group homes, big box retail, adult uses, religious uses, telecommunications facilities, mobile homes, and billboards.
Making a Good Record: Minutes, Findings, and Decision Documents
2 Hours
Napoleon Bonaparte once said, "History is the version of past events that people have decided to agree upon." The same is true of minutes, findings, and the decisions that are issued by planning boards and zoning boards of appeals. Presenters from the Department of State will discuss why board members should strive to make land use records that are of value to enforcement personnel, applicants, municipal attorneys, and current and future boards. They’ll also discuss in detail three components of the record - minutes, findings, and the decision document.
Code Enforcement Officers will receive 2 hours of In-Service Credit.
Attorneys will receive 2 hours of Continuing Legal Education in the area of Professional Practice.
Municipal Regulation of Wind Energy Facilities
1½ - 2 Hours
This session will address the adoption of local laws to regulate both large and small wind energy systems. We'll also discuss the environmental, aesthetic, and other issues of interest to local governments. Finally, we'll discuss applicable state and federal regulations relating to wind energy systems.
Planned Unit Developments
1 - 2 Hours
A Planned Unit Development district (PUD) is a flexible zoning tool which can allow for a variety of housing types, recreational opportunities, shopping services, and employment opportunities in a new development. Come learn from a Department of State planner and attorney how this tool is used by municipalities, and the pros and cons of using it.
Planning and Zoning Case Law Update
1 - 2 Hours
An attorney from the Department of State will discuss the latest developments in state and federal courts in the area of land use. They will discuss current judicial trends in decision making, as well as how judicial decisions in other parts of the state impact local planning boards, zoning boards of appeals, and governing bodies. New and relevant opinions issued by the Attorney General, Comptroller, and Committee on Open Government will also be discussed.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1-2 hours of Continuing Legal Education in the area of Professional Practice.
Planning Board Overview
2 - 2½ Hours
This course will address the powers and duties of town, village and city planning boards and commissions. Both the administrative and regulatory roles of the planning board will be discussed, including comprehensive planning, site plan review, special use permits, subdivision review. The role of the board in making recommendations to the zoning board of appeals will be discussed. The importance of board procedures, referral to the county planning agency, and making findings will be discussed.
Code Enforcement Officers will receive 2 hours of In-Service Credit.
Attorneys will receive 2 hours of Continuing Legal Education in the area of Professional Practice.
Course is also available online. There is currently no CEO and CLE credit for the online course.
Revising Zoning
1½ Hours
This session will examine when it is appropriate to update your zoning law, and what you should be looking at when you review it; the role of the municipal comprehensive plan; procedures for the amendment of zoning laws and ordinances, including referral to the county planning board, public hearings, and filing requirements.
Attorneys will receive 1.5 hours of Continuing Legal Education in the area of Professional Practice.
Sign Control
1 - 1½ Hours
The regulation of signs is both a zoning issue and a free speech issue. At this session you will become better informed about what you may and may not regulate where it comes to commercial or non-commercial signs. Other issues to be addressed include community aesthetics; developing a sign control law; the possible content of local sign control regulations; billboards and other off-premises signs; and techniques for eliminating illegal or undesirable signs.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice..
Site Plan Review
1 - 1½ Hours
This course is an overview of the statutory authority to review site plans. It will address the scope and content of a proper "site plan" as a zoning tool. Several design issues will also be addressed.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice.
Smart Growth: Tools and Strategies for Municipalities
1 - 2 Hours
This course defines Smart Growth and illustrates its key principles within the context of New York’s Quality Communities Initiative. Examples of county planning that encourage inter-municipal cooperation and healthy patterns of community change are also featured. A review of several innovative land use tools allows municipalities to consider approaches of implementing the principles of Smart Growth and Quality Communities. Tools reviewed include official maps, incentive and performance zoning, planned unit development, cluster subdivision, and transfer of development rights.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
State Environmental Quality Review Act (SEQRA) Basics
2 - 2½ Hours
Have you been wondering what this "seeker" thing is, or what a Type I, Type II or Unlisted Actions is? This session is an introduction to the State Environmental Quality Review Act. In will include a review of the regulations and the role of municipal boards in complying with SEQRA. It will also address how SEQRA relates to municipal planning. Current case law will also be reviewed.
Code Enforcement Officers will receive 2 hours of In-Service Credit.
Attorneys will receive 2 hours of Continuing Legal Education in the area of Professional Practice
Subdivision Review
2 Hours
This course is an overview of the statutory authority to review subdivisions and to define them locally. Presenters will discuss the elements of a subdivision plat and various design issues, including roads, clustering, and deep lot development. Also addressed with be review procedures, including the State Environmental Quality Review Act (SEQRA), possible county referral, public hearings, and decision-making.
Code Enforcement Officers will receive 1 hour of In-Service Credit.
Attorneys will receive 2 hours of Continuing Legal Education in the area of Professional Practice.
Zoning Board of Appeals Overview
2 - 2½ Hours
This course will address the powers and duties of zoning board of appeals and its interrelationships with enforcement officials, the municipal planning board, and county planning agencies. Instructors will provide information on the statutory requirements relating to the issuance of use and area variances and the handling of zoning interpretations. Board procedures will also be discussed, as will the importance of making good findings.
Code Enforcement Officers will receive 2 hours of In-Service Credit.
Attorneys will receive 2 hours of Continuing Legal Education in the area of Professional Practice.
Course is also available online. There is currently no CEO and CLE credit for the online course.
Freedom of Information Law/Open Meetings Law
1 - 2 Hours
A representative of the Committee on Open Government will provide an overview and answer questions about the Freedom of Information Law (FOIL), which governs the rights of access to government records. They will also provide an explanation of the Open Meetings Law, which concerns the conduct of meetings of public bodies and the right to attend those meetings. A discussion of the principles underlying the FOIL and the Open Meetings Law would put both laws in context.
Attorneys will receive 2 hours of Continuing Legal Education in the area of Professional Practice.
Intermunicipal Cooperation in Building Code Enforcement
1 - 1½ Hours
Municipalities are required to enforce the New York State Uniform Fire Prevention and Building Code and the Energy Conservation Construction Code. By working together, neighboring municipalities may easily provide effective Building Code Enforcement while controlling costs. The program provides an overview of what is required for Intermunicipal Building Code Enforcement is provided; including County enforcement and multiple municipal enforcement.
Code Enforcement Officers will receive 1 hour of In-Service Credit
Land Use Moratoria
1 - 1½ Hours
There is an old saying, "The devil is in the details." Those old timers must have been talking about moratoria. Simply put, moratoria temporarily suspend development while communities consider changes to their comprehensive plans or its land use regulations. Instructors will talk about the details: how moratoria are enacted, what development is suspended, who can get exceptions, and how long they can last.
Local Enactments — Doing it Right the First Time
1½ - 2 Hours
This session addresses the process a municipality must go through in order to adopt a resolution, ordinance or local law, as well as the merits of using each procedure. Topics will include notice provisions and posting; aging of legislation prior to action; required hearings; required referrals; SEQRA compliance; post-adoption publication; certification; filing requirements and effective dates. Compliance with SEQRA and post-adoption procedures will round out the discussion.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice.
Nuts and Bolts of Intermunicipal Agreements
1 Hour
Municipalities can achieve many benefits by entering into intermunicipal agreements. This presentation looks at the participants, opportunities, benefits, types, and contents of intermunicipal agreements. We will also discuss civil service considerations, liability, adoption procedures, and strategies for success.
Powers and Duties of Elected Officials
1 - 1½ Hours
Supervisors, Mayors, and members of city councils, town boards and village boards of trustees have an assortment of powers and responsibilities. At this session the legislative powers will be discussed (including the home rule power), as well as the administrative duties of elected officials, including the supervision of departments, issuance of permits, and preparation and adoption of budgets. Also discussed will be the appointment powers of municipal governing boards and officials; procedures to follow when conducting meetings and hearings; and a discussion of ethics and conflicts of interest.
Attorneys will receive 1 hour of Continuing Legal Education in the area of Professional Practice.
ROLE PLAYING SESSIONS
Although we've all attended more meetings than we care to recall, we often wonder if proper procedures are being followed. These mock sessions will combine role play with legal and practical advice on holding meetings and hearings. Specific land use topics are addressed in each of the following sessions. All sessions will include education on general board procedures and elements of the Open Meetings Law. Most sessions will also address SEQRA, executive session, notice to adjacent municipalities, and county referral. Come prepared to participate by discussing what went wrong, and also by possibly playing a role as a fictional character in these comical mock meetings and hearings.
Mock Zoning Board of Appeals Hearing for Variances
We all know what is written in the law, but how do we accomplish what’s required of us when it comes to variances? At this session we will look at how zoning disputes are resolved. We will discuss what actions the zoning board of appeals should take when an applicant applies for a variance, and how to determine whether the applicant has met the test for the granting of a variance. We'll also discuss how to say "no," and how to justify that decision.
Track One: Use Variance for a Convenience Store & Fuel Station 1.5 hours
The Town of Vista Bay Zoning Board of Appeals is once again perplexed by a use variance application. With residents and board members on both sides of the fence, how will they decide? With issues such as, legal non-conforming uses, confusion between variances and special use permits, and the sometimes unclear role of the zoning enforcement officer, you can certainly learn a lesson or two as this local board muddles through the hearing and renders its decision.Track Two: Use & Area Variance for a Car Wash 2 hours
If the use variance test wasn’t difficult enough, what happens when you have to hear a case that also needs an area variance? Which variance is considered first, or can you make your decision for both in the same hearing? Come find out how the Town of Long Pastures deals with this tricky situation, and find out if they did it right!
Mock Planning Board Site Plan Review & Special Use Permit Hearing
What do you do about those particular uses or types of development that need special consideration or review to fit in with your community? Site plan review and special use permits are two land use tools that may accomplish this goal. At each of the two tracks the planning board will learn what they can and cannot do when reviewing projects for site plan approval and when considering applications for special use permits. You will learn the similarities and differences between the two land use tools, as well as proper meeting and hearing procedures.
Track One: Tavern & Truck Terminal 1.5 hours
Another Town of Fairview Planning Board is being called to order with applications for a special use permit for a tavern and site plan review for a truck terminal. The board is charged with identifying and resolving potential issues associated with these applications, while adhering to State statute and local laws. Come find out if they are able to come to legal decisions that will best serve their community.
Track Two: Wind Energy Systems 2.5 hours
Farmer McDonald wants to “go green” with a new wind turbine to power his dairy farm, but his neighbors are worried about the potential noise, shadow flickers, impaired scenic vistas and bird fatalities. The Town of Fairview planning board meeting begins with a public hearing to consider his application for a special use permit. Some myths and misconceptions about the siting of agricultural wind turbines will be covered. Then the board will review Zephyr Wind Energy, Inc.’s application for preliminary site plan approval for a commercial wind farm.