Welcome to the Fall Training Session for St. Lawrence County Municipal Planning Boards and Zoning Boards of Appeal

Agenda 6:30 – 6:35 Introductions and overview of agenda 6:30 – 6:35 Introductions and overview of agenda 6:35 – 7:05 Article X and Local Wind Laws -- Should every 6:35 – 7:05 Article X and Local Wind Laws -- Should every municipality have a wind law? municipality have a wind law? 7:05 – 7:30 Running a meeting and public hearing -- from public notice to filing a decision with the Clerk 7:05 – 7:30 Running a meeting and public hearing -- from public notice to filing a decision with the Clerk 7:30 – 7:35 Break 7:30 – 7:35 Break 7:35 – 8:25 Planning and Zoning Jeopardy: 7:35 – 8:25 Planning and Zoning Jeopardy: Come and show off your planning and zoning knowledge! Team Planning will battle Team Zoning for bragging rights and prizes Come and show off your planning and zoning knowledge! Team Planning will battle Team Zoning for bragging rights and prizes 8:25 – 8:30 Wrap-up and Additional Training Resources 8:25 – 8:30 Wrap-up and Additional Training Resources

Article X and Local Wind Laws Article X – a Section of Public Services Law Article X – a Section of Public Services Law The Power New York Act of 2011 reinstated and revised Article X The Power New York Act of 2011 reinstated and revised Article X Article X addresses power projects that are greater than 25MW (about 10 towers) Article X addresses power projects that are greater than 25MW (about 10 towers)

Article X and Local Wind Laws Article X creates a siting panel made up of seven individuals (5 state and 2 local representatives) Article X creates a siting panel made up of seven individuals (5 state and 2 local representatives) Siting process includes two steps: Siting process includes two steps: Preliminary scoping statement Preliminary scoping statement Filing of a certificate application Filing of a certificate application The goal of the wind developer is to obtain a “Certificate of Environmental Compatibility and Public Need” The goal of the wind developer is to obtain a “Certificate of Environmental Compatibility and Public Need”

Article X and Local Wind Laws Time frame: Goal is to have a “Certificate” within 12 months from the date the application is considered complete Time frame: Goal is to have a “Certificate” within 12 months from the date the application is considered complete Application must contain: Application must contain: Safety plan Safety plan Air quality analysis Air quality analysis Community overview Community overview Alternative location study Alternative location study Environmental plan Environmental plan Bird and bat impact analysis Bird and bat impact analysis

Article X and Local Wind Laws So why does my town need a wind law? Section 168 3(E) reads “The facility is designed to operate in compliance with applicable State and Local laws and regulations…” The siting panel can override local laws if they are “unreasonably burdensome in view of the existing technology or the needs of or costs to ratepayers…”

Article X and Local Wind Laws You should have a wind law because: If your town is developable for big wind you should have something the siting panel can review. If your town is developable for big wind you should have something the siting panel can review. The project may be under 25 MW The project may be under 25 MW You will want to be able to regulate small wind towers and MET (wind measurement) towers You will want to be able to regulate small wind towers and MET (wind measurement) towers

Article X and Local Wind Laws I live in a Village, why do I need a wind Law?

Article X and Local Wind Laws Review elements for small wind towers: Minimum lot size Minimum lot size Maximum height and wattage Maximum height and wattage Setbacks (fall zone) Setbacks (fall zone) Blade height Blade height Noise standards Noise standards Aesthetic considerations Aesthetic considerations

Public Hearing Process for Planning Boards and Zoning Boards of Appeals November 29, 2011

What is it? An official proceeding An official proceeding Quorum must be present Quorum must be present Gives the public the right to be heard Gives the public the right to be heard

Land Use Decisions Comprehensive plans Comprehensive plans Land use regulations Land use regulations Subdivisions Subdivisions Special Use Permits Special Use Permits Use and Area Variances Use and Area Variances Optional: Site Plan Review Optional: Site Plan Review

Contents of Notice At a minimum: At a minimum: Board conducting hearing Board conducting hearing Date, time, place Date, time, place Purpose of hearing Purpose of hearing

Other Helpful Content Where documents can be reviewed Where documents can be reviewed Contact information Contact information Where to submit written information Where to submit written information Amount of time for testimony Amount of time for testimony

Posting Official Newspaper (affidavit) Official Newspaper (affidavit) Municipal Bulletin/Website Municipal Bulletin/Website Neighboring Property Owners Neighboring Property Owners At Property Location At Property Location Municipal Neighbor Municipal Neighbor

Meeting Location Seating Capacity Seating Capacity LCD/Overhead Projector LCD/Overhead Projector PA System PA System Recording Device Recording Device

Contentious Issue Clerk’s Office, Library & Online Clerk’s Office, Library & Online Official Transcript Official Transcript Municipal Attorney Municipal Attorney Presentation at Hearing Presentation at Hearing Expert Witnesses Expert Witnesses

Opening Hearing Welcoming remarks Welcoming remarks Introduce Board members Introduce Board members State intent State intent Review satisfaction of posting requirements Review satisfaction of posting requirements

Hearing Process Review how hearing will be run Review how hearing will be run Optional: Optional: Present project Present project Expert testimony Expert testimony

Testimony Identify ground rules & time limits Identify ground rules & time limits Accepting written testimony Accepting written testimony Keep speakers on track, enforce ground rules Keep speakers on track, enforce ground rules

Q & As by Board Clarify presentation by expert witnesses. Clarify presentation by expert witnesses. Caution: Caution: Can transition to debate Can transition to debate Can raise emotions Can raise emotions Diminishes Board’s control Diminishes Board’s control

Adjourning Reconvene on different date or at another location Reconvene on different date or at another location Allow for additional testimony Allow for additional testimony Gather more information Gather more information

Closing Hearing Say thanks Say thanks Explain next steps Explain next steps Announce when decision will be made Announce when decision will be made

Source “Conducting Public Meetings and Public Hearings” – James A. Coon Local Government Technical Series Public_Meetings_and_Public_Hearings.pdf

5 Minute Break

Additional Training Resources County Training, April/May 2012 County Training, April/May 2012 Local Government Conference, Tuesday, October 9 th, 2012, SUNY Potsdam Local Government Conference, Tuesday, October 9 th, 2012, SUNY Potsdam