2016 July - Summer Newsletter

N e w Yo r k P l a n n i n g F e d e r a t i o n I D e d i c a t e d t o B e t t e r P l a n n i n g

Planning News

N e w s l e t t e r H I g H l I g H t s

summer Planning &

Zoning school sessions . . . . . . . .1

From the Associate Director . . . .2

Planning & Zoning for small

and Medium wind energy . . . . . .3

Municipal Considerations Related

to solar energy Installations . . . .4

Retooling economic engines:

Building waterfronts for the

21st Century . . . . . . . . . . . . . . . . .6

welcome to seQRA 101 . . . . . . .6

Incorporating sustainability

into the Comprehensive Plan . . . .7

Planning and Zoning for

Affordable Housing . . . . . . . . . . .7

envision Cortlandt . . . . . . . . . . . .8

summer school Program

Outlines . . . . . . . . . . . . . . . . . . . . . 10

summer school Mail-in

Registration Form . . . . . . . . . . . .12

New York Planning Federation

Publications . . . . . . . . . . . . . . . .13

the Buzz About Urban

Agriculture . . . . . . . . . . . . . . . . .14

600 BROADwAY, AlBANY, NY 12207 I Summer 2016

New YorkPlanning Federation

Dedicated to Better Planning Since 1937

2016 Summer School SessionstIMe tO sIGN UP

Plans and schedules are now in place for the upcoming annual summer school sessions that the New York Planning Federation hosts in conjunction with the Association of Towns. The dates and locations have been set and are as follows:

Friday, July 29, 2016Henry a. Wallace Center at the FDr Presidential library and HomeTown of Hyde Park, nY (Dutchess County)

wednesday, August 3, 2016Century Houselatham (Town of Colonie), nY (albany County)

Friday, August 5, 2016radisson HotelCity of Corning, nY (Steuben County)

Friday, August 12, 2016Quality inn & Suites Palm islandCity of Batavia, nY (genesee County)

The pages which follow include the program outlines for almost all of the sessions. Final arrangements are still being made for several sessions. Each day-long training school offers a total of 5 training credit hours for board members who attend. Fees for the one-day training programs are $80.00 for NYPF and AOT members (pre-registration) or $90.00 at the door. Non-members pay $100.00 for pre-registration or $120.00 at the door. The registration fee includes a continental breakfast, lunch, and course materials (where available).

Please note that all registrations are processed through the Association of Towns. Register on-line at www.nytowns.org or download a printable mail-in form on the NYPF website (www.nypf.org). Details about the training sessions are available on the Planning Federation website. This newsletter also includes a registration form that you can fill in and mail in to the Association of Towns. Several articles in this Newsletter provide highlights of some of the sessions that are scheduled. We hope that you will take advantage of one or more of these great training and networking opportunities. Feel free to call our office with any questions at 518-512-5270, or you can also reach the Association of Towns office at 518-465-7933.

Planning neWSSummer 2016Published by:New York Planning Federation600 Broadway, Albany, NY 12207518 512 5270 (phone) 518 512 5274 (fax)[email protected] (email)www.nypf.org (website)

The New York Planning Federation also maintains a toll-free number for members at 1-800-366-6973 (NYPF).

neW YOrK Planning FeDeraTiOnis a non-profit membership organization established in 1937. Our mission is to promote sound planning and zoning practice throughout New York State.Membership, which currently includes nearly 10,000 individuals, is open and welcome to anyone supporting this mission. Membership categories include municipalities, counties, public organizations, private businesses, individuals and libraries.

exeCuTive OFFiCerSTim Stalker PresidentAusterlitz

Nina Peek, AICP 1st Vice President Amenia

Alison LaPointe, Esq. 2nd Vice President Port Jefferson

John Marriott Treasurer Cheektowaga

Laura Moore Immediate Past President Warrensburg

STaFFJudith Breselor, AICP, Executive DirectorJonathan Kanter, AICP, Associate DirectorLeila Jabour, Administrative AssistantKristine Barth, Administrative AssistantMark Brignola, Administrative AssistantElisabeth Draper, Planner

Planning neWS welcomes comments and articles from its readers.Manuscripts may be submitted for possible publication. Call NYPF to discuss your ideas. If published, such articles may be edited to conform with format requirements and become the property of Planning News. The opinions and views expressed in Planning News are those of the authors and do not necessarily represent the views of the NYPF.

From the associate DirectorJonathan Kanter, AICP, Associate Director

I have been working in the New York Planning Federation office for three months now as Associate Director, helping Judy Breselor, our

Executive Director, with the day-to-day operations of the Federation. Having gone through a very successful conference at the Gideon Putnam Resort in April and organizing the Summer Planning and Zoning School Sessions coming up in July and August (see articles, program summary and registration form in this Newsletter), I am beginning to understand just how much the staff of the NYPF really does and how important the Federation is to communities all around New York State. I had been on the Board of Directors for several years, first representing the Central New York Region and then the Low-Mid Hudson Region before becoming a member of the staff. So I had a pretty good idea of what the NYPF was all about, or so I thought. There is a dedicated group of people working as a team in the office that does so much to help the Board of Directors and the member communities.

Speaking of staff, there have been a lot of staff changes in the office over the past few months. Anne Rounds, Administrative Assistant for over five years, left in May for a full-time job. We are lucky to have been able to hire two part-time people to fill the Administrative Assistant position. Kristine (Kris) Barth and Mark Brignola are quickly learning the in’s and out’s of the technical aspects of the NYPF office. Kris previously worked in administrative support services and has solid office experience with good skills in customer service and basic computer programs. Mark is phasing out his work as a home inspector and is interested in learning more about planning and zoning and has good skills in basic computer programs. In addition, Allison Hargrave, Planner, has left for another position, and we have just hired Elisabeth Pezzolla-Draper as a part-time Planner to work on updating NYPF reports and assisting with training and a number of other functions. Elisabeth has extensive planning experience, especially in parks and recreation planning , but also in community planning. We would also like to thank Ethan Warren who worked as an intern during this past semester.

The upcoming Summer Planning and Zoning School Sessions are going to be wonderful training and networking opportunities. These one day training sessions are almost like mini-conferences with excellent speakers, good food, and best of all, they are in four different locations around the State: Friday, July 29th in Hyde Park; Wednesday, August 3rd in the Town of Colonie; Friday, August 5th in Corning; and Friday, August 12th in Batavia. The Association of Towns and New York Planning Federation are co-sponsors of these training sessions and have formed a strong partnership in organizing these events. Please refer to the articles in this Newsletter regarding the Summer School sessions along with the program outlines and registration form. We encourage you to sign up and hope to see many of you at the sessions.

Meanwhile, have a great summer.

Jonathan KanterAICP Associate Director New York Planning Federation

www.nypf.org Keeps You Informed2 Planning News I sUMMeR 2016

www.nypf.org Keeps You Informed

Zoning for Small- and medium-Scale Wind energy

By Sarah J. Adams-Schoen

small- and medium-scale wind energy systems offer an opportunity to power a home, business or farm with clean, renewable energy.

According to the U.S. Department of Energy, wind power “is the fastest growing source of energy in the world.”i If a property has enough wind resource, small wind electric systems are one of the most cost-effective home-based renewable energy systems—with zero emissions and pollution. A small wind electric system can lower electricity bills by fifty to ninety percent, help avoid the high costs of extending utility power lines to a remote location, and provide an uninterruptible power supply to help ride through extended utility outages. Medium- and small-wind systems can be used to produce the power needs of a home, business, or farm, and can also be used for a variety of other applications, including water pumping and powering small crafts. Small- and medium-wind systems can be connected to the electric grid through the property owner’s power provider or they can be stand alone (off-grid), making wind a good choice for rural areas that are not connected to the electric grid.

Notwithstanding these and other benefits of small- and medium-scale wind, or the State’s Clean Energy Standard commitment that will require 50% of electricity to be sourced from renewable energy sources by 2030, many municipal zoning codes either fail to address small or medium wind, or even discourage wind energy. Some municipalities have yet to amend their zoning codes to allow for and accommodate wind energy systems, some of the local codes that do address wind mistakenly equate the hazards and aesthetic issues of utility-scale wind with residential- and farm-scale wind, and many local land use authorities discourage wind energy projects because they are not clearly permitted under local zoning or they are subject to requirements that make the projects economically infeasible. The result is that individual home and business owners are less likely to embrace this energy option. However, as wind energy technology progresses and the need for cleaner, renewable forms of energy increases, it is incumbent on local governments to advance their economic development and sustainability

plans by reviewing and amending local zoning laws to permit wind energy systems that are safe and consistent with the character of a community.

Communities that are interested in examining and potentially removing regulatory barriers to wind energy would be wise to review their comprehensive plan and zoning code to determine how wind fits within the community’s master plan and what types of wind uses are consistent with the values of the community. In doing so, it can be helpful to take advantage of the planning stage to build community engagement and educate the public and other stakeholders about the attributes of small-

Planning News I sUMMeR 2016 3

Examples of Small & Medium Wind Energy Systems (from NYSERDA website)

and medium-scale wind, including its benefits and any related risks. Since zoning must be in accordance with the locality’s comprehensive plan, the community should evaluate whether to add a wind energy component to its comprehensive plan or to adopt a policy or plan specific to wind energy.

The next step will be to assess the zoning code to determine where wind fits within the code; define wind energy systemsii; amend district use regulations to allow wind, for example by specifying whether wind is allowed as an accessory use and/or special useiii; add exceptions to certain limitations, such as height and setback limitations; and, define development standards for the uses. To facilitate wind and its benefits, while also preserving other values important to the local community, localities may also consider amending major and minor site plan review requirements, evaluate any proposed plan and code revisions under SEQR, evaluate whether wind energy system applications should be subject to review by any other local boards, and consider whether or how to incentivize wind.

The session on Zoning for Small- and Medium-Scale Wind Energy at NYPF’s Summer School on Wednesday, August 3rd, at 1pm in the Town of Colonie, will discuss practical differences between utility-scale and smaller-scale wind systems, and examine some of the key questions municipalities should consider when assessing and amending their zoning codes to facilitate development of small- and medium-scale wind that is both safe and consistent with the character of a community.

Sarah J. Adams-Schoen is a law professor at Touro Law Center, where she teaches Property Law, Land Use Law, and Environmental Law, and directs the Law Center’s Institute on Land Use & Sustainable Development Law. Professor Adams-Schoen was previously a Visiting Professor of Legal Analysis and Writing at Lewis & Clark Law School in Portland, Oregon, where she also taught North-west Energy Law. As the director of Touro’s Institute on Land Use & Sustainable Development Law, Professor Adams-Schoen manages a number of projects related to land use or sustainability, including a model ordinance small- and medium-scale wind energy project. She is the manager and primary contributor to the Institute’s blog Touro Law Land Use. Professor Adams-Schoen earned a Masters in Public Policy with distinction from the London School of Economics and a J.D. magna cum laude from Lewis & Clark Law School.

_________________________________________________________________

i U .s . DOe, http://energy .gov/energysaver/small-wind-electric-systems .

ii there is little consistency in how municipalities limit the size of weCs . some municipalities define weCs as small, Commercial, Noncommercial, and Industrial based on rated nameplate capacity, but many municipalities do not define by rated capacity and instead impose limits on maximum operating outputs, and other municipalities do not regulate by rated capacity or maximum operating output but focus instead on physical dimensions such as system height .

iii see, e .g ., town of Brookhaven, § 85-800 (defining wind energy Conversion systems as an accessory use); town of southampton, § 330-76(K) (same); town of east Hampton, § 249-1 through -6 (listing wind energy Conversion systems as an accessory structure but requiring special use permit) .

4 Planning News I sUMMeR 2016

municipal Considerations related to Solar energy installations

the solar industry shines brightly across New York State. From 2012 to 2015, the

State saw a 575 percent growth in the amount of solar power installed, and the Governor’s NY-Sun initiative aims to add more than three gigawatts of installed solar capacity by 2023. However, this booming industry raises special concerns for municipalities including, among other things, zoning, land use and environmental issues related to siting solar projects, developing local laws regulating solar projects, specific issues related to residential and utility-scale solar projects, land owner considerations, funding sources for municipal solar projects, and details of lease and purchase agreements for solar installations on municipal property. This presentation will discuss these issues, among others, and will also discuss the alternatives that local governments have for encouraging responsible solar development that benefits the local community. The presentation will be given by David Everett, Esq. and Genevieve Trigg, Esq, land use and environmental attorneys with Whiteman Osterman & Hanna, LLP in Albany, New York.



Summer Training Session: “Welcome to SeQra 101”

this training session will focus on the basic nuts and bolts of the New

York State Environmental Quality Review Act and Regulations, and how they apply to local Planning and Zoning Boards. The session will include an overview of the SEQRA Regulations; the SEQRA review process; SEQRA terminology; Actions subject to SEQRA; Types of SEQRA Actions; and When, Why and How to prepare an Environmental Impact Statement (EIS). The presentation will also include an overview of related topics such as the new NYS DEC Endangered Species Habitat Regulations, and the NYS Smart Growth Public Infrastructure Policy Act (SGPIPA).”

The presentation will be given by Charles Voss, AICP, a Senior Land Use Planner with Barton & Loguidice, DPC in the firm’s Albany office. He is responsible for the review and development of all planning-related projects, as well as oversight of municipal planning review projects and special project development. He is a member of the New York Planning Federation Board of Directors.

retooling economic engines: Building Waterfronts for the 21st Century

Industrial waterfronts powered local economies for hundreds of years. Today, however, many of these waterfronts have lost their economic importance as heavy industry has given way to the creative economy.

To complicate matters, sea levels in the Hudson have risen at least 12 inches since 1900 and could rise as much as an additional 18 to 50 inches—and perhaps as much as 75 inches—by the end of the century.

This presentation will demonstrate how the strategies, tools, and techniques recommended in Scenic Hudson’s award-winning planning guide, Revitalizing Hudson Riverfronts, can retool these outdated economic engines and prepare them for 21st Century challenges—including those presented by sea level rise. The session will specifically cover how Scenic Hudson and its partners have helped Kingston, Piermont and Catskill prepare and implement sea level rise adaptation plans and provide an insight into the plans’ recommendations.

Session attendees for this program are encouraged to read Scenic Hudson’s Revitalizing Hudson Riverfronts at the following link: www.revitalizinghudsonriverfronts. To gain a deeper understanding of Sea Level Rise (SLR) planning, you can review the three SLR task force plans at: http://www.scenichudson.org/ourwork/riverfrontcommunities/waterfrontresiliencetaskforces.

Brief Bios of the Presenters:Jeff Anzevino [email protected] Jeffrey Anzevino, AICP, is director of land use advocacy at Scenic Hudson where he has served for nearly 25 years. He leads a team responsible for helping people revitalize their waterfronts and creating strong connections between communities, parks and the Hudson River. He is co-editor of Revitalizing Hudson Riverfronts, which won the US Environmental Protection Agency Region 2 Environmental Quality Award in 2013. Jeff graduated cum laude from the University of Maryland Baltimore County with a BA in Geography and since 2011 has taught Environmental Planning as an adjunct instructor at Marist College.

Nava Tabak [email protected] Nava Tabak, MS, has worked to conserve natural resources in the Hudson Valley since 2006. As Scenic Hudson’s Conservation Scientist she works to protect the valley’s biological communities and ecosystems, and leads climate change resilience initiatives that include working with Hudson River waterfront communities to adapt to accelerating sea level rise and flooding. Nava conducted the first comprehensive effort to model the projected response of the Hudson’s tidal wetlands to climate change-driven sea level rise, and developed a framework of conservation, restoration, and policy strategies to maximize the resilience of this important resource through the 21st century. She earned her BS in Environmental Studies from Ithaca College and an MS in Ecology from the University of Connecticut.

incorporating Sustainability into the Comprehensive Plan

this presentation will discuss the range of approaches that communities are taking to address sustainability in the municipal comprehensive plan. The session will cover

some of the current planning best practices for sustainable planning, including the American Planning Association’s “Comprehensive Plan Standards for Sustaining Places,” NYSERDA’s Cleaner Greener Communities program and the LEED for Neighborhood Development rating system. The presentation will also include lessons learned from several municipalities that have recently undertaken sustainable comprehensive plans, including the City of New Rochelle and the Village of Nyack.

susan Favate, AICP, PPSusan Favate, a principal with BFJ Planning, has more than 10 years of experience in land use and environmental planning for both public- and private-sector clients. She has completed over a dozen municipal comprehensive plans, several of which have incorporated elements of sustainability, and has also worked on zoning code revisions and advised land-use boards throughout the Tri-State area. Ms. Favate is a member of the New York Metro and New Jersey chapters of the American Planning Association, and serves as chair of the planning board for the Borough of Chatham, NJ, where she also serves on the Borough’s affordable housing committee.

simon Kates, AICP, leeD APSimon Kates is an associate at BFJ Planning and has a background in architecture, urban planning and energy finance. He has developed post-Sandy resilience plans for several communities as part of the NY Rising Community Reconstruction Program, has worked on the New Rochelle and Nyack comprehensive plans, and is collaborating with NYSERDA on a Transfer of Development Rights (TDR) Toolbox to assist New York municipalities in incorporating TDR strategies into their planning objectives. Prior to joining BFJ, Mr. Kates worked on the creation and management of energy-efficiency incentive programs for municipalities, utilities and contractors.


Planning & Zoning for affordable Housing

According to the most recent edition of Hudson Valley Pattern for Progress’

annual housing report, housing affordability “continues to be a significant issue for homeowners and renters, as well as a major challenge and a growing concern for the economic health of the Hudson Valley.” This session will explore how local planning and zoning can help ease this burden by utilizing direct and indirect methods to increase the availability of affordable housing options in our communities.

Michael Welti, AICP will be giving this presentation at the Summer Planning and Zoning School. Michael is a Senior Land Use Planner in Barton & Loguidice’s Newburgh office. He has over 20 years of professional experience in the public, private, and non-profit sectors. Mr. Welti served as the Director of Planning and Development for the City of Peekskill; and he has worked, as a consulting planner for more than 15 years, with communities across New York State. He has expertise in comprehensive and master planning, integrated land use and transportation planning, zoning and subdivision regulations, design guidelines and form-base codes, and environmental review.


“envision Cortlandt”

By the Town of Cortlandt Supervisor Linda Puglisi

On behalf of the Town of Cortlandt located in Northern Westchester County, New York, we were honored to receive the 2016 New York

Planning Federation Award for our new adopted Sustainable Comprehensive Master Plan, known as “Envision Cortlandt”. It is a prestigious award and I thank the Federation for recognizing the two year effort of our committee, which was comprised of residents, staff members, our consultant (AKRF) and various board and committee members.

Since I’ve had the honor of being Cortlandt’s Town Supervisor (1992 – Present, 25 years) we have completed three comprehensive master plans and zoning revisions to parallel the ideas and policies of these plans. Every ten years, if not before, every municipality should either revise, amend or complete a new plan. A master plan is an excellent guide and tool for all boards, councils, committees and elected officials to use in order to collectively plan for the future of a community. This approach has worked very well in our town.

I. Our first comprehensive overview Master Plan adopted in 1993 replaced a much earlier plan of 1974. This plan included 120 policies addressing a much needed town identity, since we do not have a downtown main street, more open space and recreational spaces as well as historic preservation, community appearance and managing development and growth in our large town (40 sq. miles). At that time, we did not have strong environmental laws.

From this Master Plan we established a new Cortlandt Manor zip code, a new Cortlandt Train Station built by MTA/Metro North and encouraged an expanded shopping mall to be renamed Cortlandt Town Center. We also moved into a closed elementary school for our own Cortlandt Town Hall. Previously, we had shared space with our two villages for our 200 employees. Once again, it put Cortlandt on the map and we then had a sense of place as we went forward with our planning.

II. The next Comprehensive plan was adopted in 2004 once again having a committee from all sections of our community to assist us in building upon the implemented policies of the Master Plan from a decade earlier.

This plan emphasized improving technology and the use of Geographic Information Systems (G.I.S.) for mapping and infrastructure purposes. Today this system has become an integral part of how we operate in our departments. We also wanted to assist our local businesses which led to an economic study and a local economic committee being established. Demographic analysis and the condition of our infrastructure was an important component of this Master Plan.

The plan included 154 policies to be considered and nine chapters, one being


on natural resources and visual quality. We were beginning to address energy sources and alternatives, bio-diversity, as well as, doing studies on greenhouse gas emissions in order to protect our air quality and also did Climate Smart evaluations. This plan added more graphics, photographs and mapping from the previous plan. For the first time, an entire comprehensive plan was posted on our town’s website for easier public access.

III. Our 2016 Sustainable Comprehensive Plan was thoroughly updated by the NYSERDA grant of $175,000 the Town received primarily due to Cortlandt being at the time (2014) one of only six Climate Smart Communities in New York State. The Plan update process took two- and-a-half years to complete and once again included a committee comprised of our planning, legal and engineering staff, a consultant (AKRF), the Town Supervisor, a Town Board member and other board and committee members, representing all aspects of our government and community. They met regularly and had

measurable metrics tracked throughout the process. This plan has 205 policies and nine chapters. Sustainability concepts were woven throughout all of the chapters of this Envision Plan.

Since Cortlandt has the Hudson River as one of it’s borders, a Waterfront Sustainable District was featured, along with a new growth area around our New York Presbyterian/Hudson Valley Hospital, our Cortlandt Train Station as a hub area for future growth and our main business corridor was renamed the Cortlandt Boulevard as the fourth major area for new growth.

The ideas for future growth included residential (affordable dwelling units for millennials and Senior Citizens and for families looking for townhouse living rather than single family homes, which make up most of our current housing stock).

Sustainable issues were the common theme. We used a town-wide survey distributed to all of our residents to assist us in developing an excellent Sustainable Envision Master plan to guide our community for the next decade. A citizen’s guide in a shorter version will be available on-line for residents, business owners and future property owners to use to help in providing the next chapter in Cortlandt’s history and future. Meanwhile, the full Plan can be viewed and downloaded on the Town’s website: www.townofcortlandt.com.

Thank you for this opportunity to share with you the planning and now sustainable planning that has and will go into the fabric of what makes our Town of Cortlandt a great place to live.


town of Hyde Park (Dutchess County)Friday, July 29, 2016Henry A. Wallace Center @ FDR Library and Home4079 Albany Post Road, Hyde Park, NY 12538

8:30 a.m. – 9:00 a.m. • Registration & Continental Breakfast

9:00 a.m. – 9:15 a.m. • Welcome and Introductions

9:15 a.m. – 10:30 a.m. • Municipal Considerations Related to Solar energy InstallationsDavid everett, esq. & genevieve Trigg, esq. – Whiteman Osterman & Hannahthe booming solar energy industry raises special concerns for municipalities, including zoning, land use and environmental issues . this session will discuss regulatory options for municipalities to control the siting and impacts of solar installations, and other issues such as funding sources and differences between residential and utility-scale solar projects .

10:30 a.m. – 10:45 a.m. • Break

10:45 a.m. – 12:00 noon • Planning and Zoning for Affordable Housing: what works, what Doesn’tmichael Welti, aiCP – Barton & loguidiceAccording to recent data from Hudson Valley Pattern for Progress, housing affordability “continues to be a significant issue for homeowners and renters, as well as a major challenge and a growing concern for the economic health of the Hudson Valley .” this session will explore how local planning and zoning can help ease this burden by utilizing direct and indirect methods to increase the availability of affordable housing options in our communities .

12:00 noon – 1:00 p.m. • LUNCH

1:00 p.m. – 2:15 p.m. • Retooling Economic Engines: Building waterfronts for the 21st CenturyJeffrey anzevino, aiCP & nava Tabak – Scenic Hudson, inc.Many former industrial waterfronts along the Hudson River have lost their economic importance as heavy industry has given way to the creative economy . Meanwhile, rising sea levels have become a critical issue . this presentation will demonstrate how the strategies, tools and techniques in scenic Hudson’s “Revitalizing Hudson Riverfronts” can retool these outdated economic engines and prepare them for 21st Century challenges including sea level rise .

2:15 p.m. – 2:30 p.m. • Break

2:30 p.m. – 3:45 p.m. • Incorporating Sustainability into the Comprehensive PlanSusan Favate, aiCP, PP & Simon Kates, aiCP, leeD aP - BFJ Planningthis presentation will discuss approaches that communities are taking to address sustainability in the municipal comprehensive plan . the session will cover some of the current best practices for sustainable planning, including the American Planning Association’s “Comprehensive Plan standards for sustaining Places” . It will also include lessons learned from municipalities that have recently undertaken sustainable comprehensive plans, including New Rochelle and Nyack .



Town of Colonie (Albany County)wednesday, August 3, 2016Century House997 New Loudon Road (Route 9), Latham, NY 12110



9:15 a.m. – 10:30 a.m. • Regulatory 101: Clean Water Act and the Rivers and Harbors ActBrad Sherwood, Project manager - u.S. army Corps of engineersthis session will provide an overview of the U .s . Army Corps of engineers jurisdiction, the Clean water Act and the Rivers and Harbors Act; a discussion of the permit application process and preparation tools and resources; and clarification of the use of the state Freshwater wetland Maps and the National wetland Inventory maps .

10:30 a.m. – 10:45 a.m. • Break

10:45 a.m. – 12:00 noon • Ethical Considerations in Planning & Zoning Decision-makingmark Schachner, esq. – miller, mannix, Schachner & Hafnerethical dilemmas and issues are arising increasingly frequently in local planning and zoning matters and Board Members need to be prepared to deal with them . this class will include discussion of a wide range of ethical issues including legal requirements, conflicts of interest, disclosure, recusal and other aspects of maintaining and enhancing the integrity of the decision-making process .

12:00 noon – 1:00 p.m. • LUNCH

1:00 p.m. – 2:15 p.m. • Planning and Zoning for Small and Medium wind energySarah adams-Schoen, Touro law Center small- and medium-scale wind turbines offer an opportunity to power a home, business or farm with clean, renewable energy . However, many local zoning codes fail to address these facilities . this presentation will discuss practical differences between utility-scale and smaller-scale wind facilities, and how zoning codes can be amended to facilitate development of small- and medium-scale wind energy systems that are both safe and consistent with the character of a community .

2:15 p.m. – 2:30 p.m. • Break

2:30 p.m. – 3:45 p.m. • Welcome to SEQRA 101 (The Basics of SEQRA)Charles voss, aiCP – Barton & loguidicethis session will focus on the basic nuts and bolts of the New York state environmental Quality Review Act and Regulations, and how they apply to local Planning and Zoning Boards . the session will include an overview of the seQRA Regulations; the seQRA review process and terminology; Actions subject to seQRA; types of seQRA Actions; and when, why and How to prepare an environmental Impact statement (eIs) . there will also be an overview of related topics .

2016 Planning and Zoning school tentative Agenda




City of Corning (Steuben County)Friday, August 5, 2016Radisson Hotel125 Denison Parkway East, Corning, NY 14830



9:15 a.m. – 10:30 a.m. • Regulating Short Term Vacation RentalsSarah Brancatella, esq. – association of Townsshort stay rentals, such as those offered through services like Air BnB, are becoming increasingly popular . this course will review existing case law on short stay rentals, some common issues that come up in communities, and how towns can regulate these hybrid residential / commercial entities .

10:30 a.m. – 10:45 a.m. • Break

10:45 a.m. – 12:00 noon • Case Law UpdateDonald Young, esq. – Boylan CodeAn experienced land use attorney will discuss recent legal cases and new legislation that impact planning and zoning matters in New York state .

12:00 noon – 1:00 p.m. • LUNCH

1:00 p.m. – 2:15 p.m. • The Scope of Permissible Authority to Impose Conditions on Development Projectsguy Krogh, esq. – Thaler & Thaler, P.C.this session will cover local authority to impose conditions in respect to site planning, subdivisions, variances, special permits, etc . such conditions require a factual basis in the record, be tailored to apply to any impacts or mitigations thereof, and comply with the Us supreme Court Nollan and Dolan decision .

2:15 p.m. – 2:30 p.m. • Break

2:30 p.m. – 3:45 p.m. • The Substance and Procedure of Interpreting Zoning ProvisionsCorey auerbach, esq. – Barclay Damon llPthis course will: review the statutory authority and procedure to review determinations of the administrative official charged with the enforcement of the zoning law; detail applicable standards; and discuss general rules of statutory construction . A case study will demonstrate the progression of an interpretation appeal from initial application through final adjudication by the state’s intermediate appellate court .

City of Batavia (Genesee County)Friday, August 12, 2016Quality Inn & Suites Palm Island 8250 Park Road, Batavia, NY 14020



9:15 a.m. – 10:30 a.m. • Case Law UpdateDonald Young, esq. – Boylan CodeAn experienced land use attorney will discuss recent legal cases and new legislation that impact planning and zoning matters in New York state .

10:30 a.m. – 10:45 a.m. • Break

10:45 a.m. – 12:00 noon • Regulating Short Term Vacation RentalsSarah Brancatella, esq. – association of Townsshort stay rentals, such as those offered through services like Air BnB, are becoming increasingly popular . this course will review existing case law on short stay rentals, some common issues that come up in communities, and how towns can regulate these hybrid residential / commercial entities .

12:00 noon – 1:00 p.m. • LUNCH

1:00 p.m. – 2:15 p.m. • Planning Session: Urban Parking Challenges William Prince, rla – Fisher associatesthis session will examine land use issues and the influence of ‘smart growth and ‘green code’ practices on traditional euclidian regulations and current management and enforcement strategies that help communities enhance their character and ‘sense of place’ versus dwelling on the parking ‘space’ .

1:00 p.m. – 2:15 p.m. • Zoning Session: Form Based CodesDaniel Spitzer, esq. and Charles malcomb, esq. – Hodgson russ llPCommunities have long applied design based criteria to specific areas, such as historic districts or neighborhoods . this session will examine form based zoning and land development codes, which are based primarily on design characteristics with a lesser focus on land use .

2:15 p.m. – 2:30 p.m. • Break

2:30 p.m. – 3:45 p.m. • Regulatory 101: Clean Water Act and the Rivers and Harbors ActJudy robinson, u.S. army Corps of engineers Zoning Sessionthis session will provide an overview of the U .s . Army Corps of engineers jurisdiction, the Clean water Act and the Rivers and Harbors Act; a discussion of the permit application process and preparation tools and resources; and clarification of the use of the state Freshwater wetland Maps and the National wetland Inventory maps .

2016 Planning and Zoning school tentative Agenda

2016 PLANNING AND ZONING SUMMER SCHOOLSREGISTRATION FORM

Name ________________________________________

Title _________________________________________

Municipality or Organization ______________________

Address _______________________________________

City, State, Zip ________________________________

E-mail Address _________________________________

Phone ( ) ________________________

SCHOOLS

(Please check the school you will attend) Town of Hyde Park (Dutchess County) _____

Friday, July 29, 2016 Wallace Center @ FDR Library and Museum 4079 Albany Post Road Hyde Park, NY 12538

Town of Colonie (Albany County) _____

Wednesday, August 3, 2016 Century House 997 New Loudon Road (Route 9) Latham, NY 12110

City of Corning (Steuben County) _____

Friday, August 5, 2016 Radisson Hotel 125 Denison Parkway East Corning, NY 14830

City of Batavia (Genesee County) _____ Friday, August 12, 2016 Quality Inn & Suites Palm Island 8250 Park Road Batavia, NY 14020

FEES The Association of Towns and the Planning Federation offer reduced registration prices to their respective members:

• Member Registration: $80.00 (pre-reg); $90.00 (at the door) _____

• Non-Member Registration: $100.00 (pre-reg); $120.00 (at the door) _____

PAYMENT INFORMATION Online Registration We encourage you to register online for these schools as space is limited. Online registration can be done at www.nytowns.org. We accept ONLY Visa or Mastercard. Mail-In Registration Check enclosed in the amount of $__________ (Make checks payable to Association of Towns of the State of New York) Mail this completed registration form to:

Association of Towns of the State of New York 150 State Street Albany, New York 12207

Registration includes: materials, breakfast and lunch. On-site registration opens at 8:30 AM, classes begin at 9:15 AM and end at 3:45 PM. Each location/date will provide a total of 5 credit hours of training. Cancellation Notice For refunds to be given, notice of cancellation must be received 10 days prior to event, less a $10 processing fee. NO REFUNDS after that deadline. Questions Please contact the Planning Federation at (518)512-5270 or Patty Kebea at AOT (518) 465-7933 with any questions or concerns.

2016 Planning and Zoning Summer Schools registration




new York Planning Publications

Please send request to email [email protected] or Fax 518-512-5274 your orders Prepayment not required. You will be invoiced for your order with shipping and handling.

New York Planning Federation, 600 Broadway, Albany NY 12207518-512-5270 Fax: 518-512-5274, e-mail: [email protected]

All You Ever Wanted to Know About Zoning, 5th ed. (2011)Sheldon Damsky and James Coon. The latest version of our most popular book includes key legislation and case law through the 2010 legislative session.

member Price $50.00 , $75.00 (non member) + $10.00 ea. s/h

A Practical Guide to Comprehensive Planning (updated 2002)David Church and Cori Traub, 1996 (82 pages) An overview of the importance of planning and the steps involved in preparing a comprehensive plan. Includes case studies.

member Price $20.00 ($30.00 non-member) + $6.00 ea. s/h

The Short Course: A Basic Guide for Planning Boards and Zoning Boards of Appeals in NYs, 8th ed. (2009)Harry J. Willis, David Church and James W. Hotaling. (71 pages). A review of the full range of knowledge and skills needed by planning or zoning officials. Recipient of the Public Education Award by the American Planning Association Upstate New York Chapter.

member Price $20.00 ($30.00 non-member) + $6.00 ea. s/h

A Guide to Procedure Governing Public Meetings, 1st ed. (2014)Daniel Carroll and Daniel Saxton, 2012.(NYPF Interns) Important information that every planning board, zoning board of appeals, elected official and citizen should know about public meetings and hearings.

$10.00 + $3.00 ea. s/h

A Guide to transfer of Development rights Program, 1st ed. (2014)Robert Bristol, FASLA, Robert Feller, ESQ. and Ozge Erbas, NYPF Intern Information every Planning Board, Zoning Board, Elected Official and Citizen should know about Transfer of Development Rights program.

$10.00 + $3.00 ea. s/h

A Guide to Promoting Healthy Communities Through Planning & Zoning,1st ed. (2015)Lael Locke, Project Specialist, NYPF. Information every Planning Board, Zoning Board of Appeals, elected official and citizen should know about how to develop a healthy, walkable community.

$10.00 + $3.00 ea. s/h

New York Planning Federation executive Officers & Regional Directors

executive Committeetim stalkerPresidentNina Peek1st Vice President/SecAlison laPointe2nd Vice PresidentJohn MarriottTreasurerlaura MooreImmediate Past President

region: 1& 2:nY metro&liFrank Fish, FAICPregion 3: low/mid Hudsoned Jacksonregion 3:low/mid Hudsonelaine McClungregion 4: Capregion/up HudCharles A. Voss, AICPregion 5: adirondack/north CountryGerald Hofmaisterregion 6: Southern TierFred wilcox IIIregion 7: Central nY Richard Robb AICP region 7: Central nYJane riceregion 8: Finger lakesMichael wallregion 8: Finger lakes David J. Cross P.e.region 9: WesternKen swanekamp

at-largeDavid everett, esq. Robert Galvin, AICPMark schachner, esq.Art KoweekPatricia tatich AICP


The Buzz about urban agriculture

By Allison Hargrave

when thinking about urban agriculture, many of us think about the community garden down the street ripe with tomatoes

and overflowing with kale in the summer. Urban gardening and the keeping of backyard animals are growing in popularity due to an increased interest in food access and healthy food networks. Due to this growth, many municipalities are seeking to both encourage and regulate this type of small-scale agriculture through their zoning code with regulations ranging from required setbacks, design guidelines and maintenance requirements.

Urban agriculture can include anything from ground-level vegetable gardens to roof-top hydroponic greenhouses to backyard animals. Ordinances address the keeping of chickens and other small farm animals but rarely do they mention one very important and very misunderstood creature- the honeybee.

Many of us have an instinctual fear of bees, most of us have experienced the unpleasant experience of being stung. Typically, however, the little flying creature that stings us is a yellow jacket as opposed to a honeybee. Yellow jackets account for approximately 70% of all stings. If as a child you came in contact with a stinger while drinking a sugary drink at summer camp (or in my case fried dough at the county fair) a yellow jacket was most likely the culprit.

Common health concerns for beekeeping in residential areas stem from the common fear of bee stings and the potential impact on allergic individuals. Education and outreach is a critical aspect of many zoning codes that encourage beekeeping as part of an urban agricultural program. By opening up a dialogue between neighbors, common misconceptions about bees can be dispelled.

When done responsibly, beekeeping can be unnoticeable and beneficial for neighboring residents. The global honeybee population was drastically reduced due to colony collapse disorder which led to worldwide economic losses due to lack of crop pollination. The honeybee is a critical

pollinator for flowers, fruit and vegetables and approximately one-third of all food in the United States is pollinated by bees.

Recognizing the environmental benefits of bees, states and municipalities, including Cleveland, Boston and Madison, Wisconsin have been exploring regulations that allow for and encourage backyard beekeeping.

Cleveland’s Chickens and Bees Ordinance

Since the mid-20th century the population of Cleveland, Ohio has been in steady decline losing approximately half its population. In an effort to

Backyard hives like those pictured above are now encouraged and regulated in municipal zoning ordinances.


rebuild the city, the people of Cleveland are creating urban agricultural spaces in backyards and vacant lots growing their own food and raising small farm animals and bees. As these practices became more and more popular, residents found that existing zoning codes made it difficult to keep small farm animals and bees on residential lots. Among these restrictions, the requirement of a 100 foot setback from nearby residences and streets.

To address these issues, a working group was formed to work with the city, local chicken and beekeepers and the Cleveland Planning Commission to identify aspects of the health, zoning and building codes that could act as barriers to urban agriculture on residential city lots. Regulations in the code were updated to encourage urban agriculture rather than restrict it. These changes included a decrease in required beehive setbacks as well as a change in the number of hives allowed, now based on lot size.

Boston’s Article 89 – Urban Agriculture Zoning for the CityDue to rising interest in beekeeping and concern over the recent colony collapse epidemic, Boston has revised its zoning code to accommodate urban beekeeping. In late 2013 Boston adopted Article 89, the urban agricultural zoning code for the city. Article 89 sets quantity and dimension limits for hives. As well as a requirement of a fresh water supply and owner contact information to be visibly posted near the hives.

For setback and location requirements, the code differentiates between ground level beekeeping, for which no setback is needed if there is a wall or fence at the edge of the property line, and rooftop beekeeping, which requires a setback of six feet from the edge of the roof. There are additional setback requirements from sidewalks and neighboring buildings.

Madison, wI – licensing for BeekeepersThe first step in obtaining a beekeeping license in Madison, Wisconsin is to notify your neighbors. This, the city’s website says is the best time to explain the behavior and benefits of beekeeping to your neighbors. The ordinance promotes best practices to limit nuisances and ensure the safety of all residents. Each zoning district has its own requirements, including maximum number of hives, maximum size of a hive and minimum setbacks. Renewal of the license is required annually, ensuring a continued dialogue among neighbors about the bees.

Other resources In addition to afore mentioned ordinances, groups like the Pennsylvania Apiary Advisory Board, the Massachusetts Beekeepers Association and the New York City Beekeepers Association have created voluntary best management practices in order to dispel fears and misconceptions about bees and to maintain good neighbor relations while supporting a thriving bee population.

Allison Hargrave is Staff Planner at the New York Planning Federation.


Planning News I wINteR 2015 15

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American Planning AssociationNew York Upstate Chapter

Making Great Communities Happen

Conference SponsorsThe New York Planning Federation thanks our sponsors for their support

with our 2016 annual conference. We are deeply grateful to each of you.

New York PlaNNiNg FederatioN600 Broadway • Albany NY 12207

Phone: 518-512-5270 • Fax: [email protected] • www.nypf.org

New YorK PlaNNiNg FederatioN

PlaNNiNg & ZoNiNg CoNFereNCe 78th AnnuAl

Thank You To our 2016

Conference Sponsors

AKRF, Inc.

APA-Upstate Chapter

Association of Towns

Barton & Loguidice, D.P.C.

BME Associates

The Chazen Companies

Fisher Associates

General Code

LaBella Associates

M.J.Engineering and Land Surveying PC

Whiteman Osterman & Hanna LLP

2016 New York

Planning Federation 78th Annual

Planning & Zoning Conference April 17th - 19th 2016

The Gideon Putnam Resort Saratoga Springs, NY

Awards Luncheon

& Annual Meeting Monday April 18, 2016


Conference Sponsors

AKRF, Inc.

APA-Upstate Chapter



BME Associates


Fisher Associates

General Code

LaBella Associates



2016 New York




Awards Luncheon



Conference Sponsors

AKRF, Inc.

APA-Upstate Chapter



BME Associates


Fisher Associates

General Code

LaBella Associates



2016 New York




Awards Luncheon


Conference Sponsors

The New York Planning

Federation thanks our

sponsors for their support

with our 2016 annual

conference. We are deeply

grateful to each of you.

Documents

2016 July - Summer Newsletter