Agenda - Planning Commission - 06/07/2007

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communication to local governments about this program, states that the purpose of the requirement is to provide a uniform educa- tional experience for all planning and zoning members and to provide the basic practical information needed to fulfill their responsi- bilities. It further notes that "The informed participation of all local officials will no doubt have a positive impact on the quality of life for those living in and around your communities." vinced some state legislators that mandating training was an acceptable state responsibility. Second, increasing development pres- sures and complexity in the land-use approval process convinced legislators from developing regions of the state that the qual- ity of community life was threatened and that it could be maintained by effective local board action by properly informed members. NEW YORK Legislation adopted in 2006 in New York requires that local planning and zoning board members receive four hours of training annually. By law, noncompliant board members cannot be reappointed_ For years priorto the adoption ofthe mandatory training law, bills for it were stalled in the state's legislative subcommittees. Associations representing local govemments were concemed that a training mandate would be too costly, that it would discourage volun- teers from accepting appointments, and that it could expose communities to litigation if their board members failed to be certified as trained. These arguments were blunted by several con- siderations and provisions. First, the evidence of legislative action in New Jersey and severalsouthem states con- 212 Third, a large number of state agencies, planning organizations, county governments, and academic centers had initiated training programs since the legislative debates over training began several years ago. These pro- grams provided a variety of formats (many of them user-friendly), including self-study pro- grams and Internet training. This showed leg- islators from less populated areas of the state that low-cost, minimal travel training options were available. Further, the law imposes no training format or content; local bodies may adopt resolutions detailing the type, method, and content. The law is silent about how board members are certified as trained, leav- ing this important detail to be decided locally. Fourth, the state legislature was aware of increasing and potentially costly litigation because of the actions of untrained members of land-use boards. A concern that a training requirement could increase the probability of litigation when board members failed to comply was addressed by a provision in the law that no board decision will be declared invalid be- cause of one or more board members' failure to comply with the training requirement. Finally, the law contained an opt-out pro- vision: a local legislature may waive or modify the training requirement if it finds that it is in the best interest of the locality to do so. Tiffany Zezula recruits candidates for the Pace University program. She notes that interest in these programs has skyrocketed since she joined the staff of the Land Use Law Center four years ago. "Our recent one- day program in Columbia County was a standing-room-only affair," she says. "Nearly 90 local leaders signed up for that program in a county where there was little interest when I started. I think this is because of heightened concern over development pres- sures and the new state law that requires zoning and planning board members to receive training." Robert Elliot, executive director of the New York Planning Federation explains why New Yorl( became the latest state to adopt a mandatory training bill: "Public sentiment and knowledge has changed considerably in recent years," he says. "Citizens know from firsthand experience the adverse impacts of sprawl. They have also learned that our home rule tradition relies on local volunteer board members to make the critical deci- sions that will prevent sprawl, promote needed conservation, and provide balanced land-use patterns. There has been a public awakening about the deterioration of com- munity life, the nature of the land-use sys- tem, and the importance of equipping and supporting their key decision makers. It was this sentiment that convinced the state legis- lature to adopt New York's mandatory train- ing bill in 2006." ZONING PRACTICE 4.07 AMERICAN PLANNING P550CIATION I page 4