Transcript Public Hearing Process

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

6:35 – 7:05
Article X and Local Wind Laws -- Should every
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

7:30 – 7:35 Break

7:35 – 8:25
Zoning

Planning and Zoning Jeopardy:
Come and show off your planning and zoning
knowledge! Team Planning will battle Team
for bragging rights and prizes
8:25 – 8:30 Wrap-up and Additional Training Resources
Article X and Local Wind Laws

Article X – a Section of Public Services Law

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 and Local Wind Laws

Article X creates a siting panel made up of seven
individuals (5 state and 2 local representatives)

Siting process includes two steps:
 Preliminary scoping statement
 Filing of a certificate application

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
Application must contain:
 Safety plan
 Air quality analysis
 Community overview
 Alternative location study
 Environmental plan
 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.

The project may be under 25 MW

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
 Maximum height and wattage
 Setbacks (fall zone)
 Blade height
 Noise standards
 Aesthetic considerations
Public Hearing Process
for Planning Boards and Zoning
Boards of Appeals
November 29, 2011
What is it?

An official proceeding

Quorum must be present

Gives the public the right to be
heard
Land Use Decisions
Comprehensive plans
 Land use regulations
 Subdivisions
 Special Use Permits
 Use and Area Variances
 Optional: Site Plan Review

Contents of Notice

At a minimum:

Board conducting hearing

Date, time, place

Purpose of hearing
Other Helpful Content

Where documents can be reviewed

Contact information

Where to submit written information

Amount of time for testimony
Posting

Official Newspaper (affidavit)

Municipal Bulletin/Website

Neighboring Property Owners

At Property Location

Municipal Neighbor
Meeting Location

Seating Capacity

LCD/Overhead Projector

PA System

Recording Device
Contentious Issue

Clerk’s Office, Library & Online

Official Transcript

Municipal Attorney

Presentation at Hearing

Expert Witnesses
Opening Hearing

Welcoming remarks

Introduce Board members

State intent

Review satisfaction of posting
requirements
Hearing Process

Review how hearing will be run

Optional:
Present project
 Expert testimony

Testimony

Identify ground rules & time limits

Accepting written testimony

Keep speakers on track, enforce
ground rules
Q & As by Board
Clarify presentation by expert
witnesses.
 Caution:

Can transition to debate
 Can raise emotions
 Diminishes Board’s control

Adjourning

Reconvene on different date or at
another location

Allow for additional testimony

Gather more information
Closing Hearing

Say thanks

Explain next steps

Announce when decision will be
made
Source
“Conducting Public Meetings and Public
Hearings” – James A. Coon Local
Government Technical Series
http://www.dos.state.ny.us/lg/publications/Conducting_
Public_Meetings_and_Public_Hearings.pdf
5 Minute Break
Additional Training Resources

http://www.dos.state.ny.us/lg/lut-index.html

http://www.nypf.org/editable/training.html

County Training, April/May 2012

Local Government Conference, Tuesday,
October 9th, 2012, SUNY Potsdam