Chapter 19 - Municipal Agencies

Local Legislative & Advisory Bodies

In New York, the structure of local government determines who writes the laws and who enforces them.

City Council, Town Board, and Village Board of Trustees

These are the elected legislative bodies of the municipality. They hold the ultimate "power of the purse" and the power to create local law.

• Main Function: They are responsible for the adoption of laws and ordinances, including the zoning ordinance.

• Fiscal Responsibility: They adopt the annual budget and set the tax rate for the municipality.

• Cluster Zoning: They have the authority to approve cluster zoning, which allows for a higher density of housing in one area of a subdivision to preserve open space elsewhere.

The Planning Board

The Planning Board consists of appointed members who focus on the long-term growth of the community.

• The Master Plan: Their primary task is the creation and update of the Comprehensive Master Plan, which serves as the blueprint for future development.

• Subdivision Approval: They are the "gatekeepers" for new subdivisions. A developer cannot start a project without Planning Board approval.

• Advisory Role: They advise other boards (like the Town Board) on all land-use matters.

Planning Department

Unlike the Planning Board (which consists of citizens), the Planning Department is staffed by salaried professionals. They provide technical expertise and professional advice to the Planning Board and other municipal agencies.

Zoning and Aesthetics

Zoning Board of Appeals (ZBA)

The ZBA is a "quasi-judicial" board that hears appeals from people who have been denied a building permit due to zoning conflicts.

• Variances: The ZBA has the power to grant Area Variances (physical dimensions) and Use Variances (how the land is used).

• Interpretations: They provide official interpretations of the zoning code when the language is unclear.

• Special Use Permits: They may issue Special Use Permits for properties that provide a benefit to the community (like a church or daycare in a residential zone).

Architectural Review Board

This board focuses on the visual aesthetics of the community.

• Function: They approve the design of new construction and remodeling to ensure it aligns with municipal ordinances and doesn't negatively impact property values.

Historic Preservation / Landmark Commission

• Function: They identify and recommend properties for historic designation.

• Alterations: Owners of designated historic properties must get approval from this commission before making any external alterations or demolitions.

Environmental and Engineering Controls

Conservation Advisory Council (CAC) / Wetlands Commission

The CAC advises the municipality on environmental issues.

• Wetlands: They play a critical role in reviewing any proposed development that might impact protected wetlands or local ecosystems.

Building Department

The Building Department is the primary enforcement agency for the New York State Uniform Fire Prevention and Building Code.

• Building Permits: They issue the permits required to start construction.

• Certificates of Occupancy (CO): They issue the CO once a project is completed and inspected, certifying it is safe for habitation.

City / Town / Village Engineer

The Engineer is the technical expert for infrastructure.

• Responsibilities: They oversee the design and maintenance of public roads, sewers, and water connections.

County Health Department

While most agencies are local, the County Health Department has specific authority over private systems.

• Septic Systems: They must approve the design and installation of on-site septic systems.

• Water Quality: They also oversee certain sewer approvals and private well-water safety.

Taxation and Revenue

Tax Assessor

The Assessor is a local official who determines the value of real property.

• Function: They create assessments (the taxable value of a property).

• Records: They maintain the Assessment Roll, which includes a record of all properties and their valuation within the municipality.

Receiver of Taxes / Treasurer

Once the Assessor determines the value, the Receiver of Taxes takes over the financial transaction.

• Function: They are responsible for the collection of property taxes and general accounting functions for the municipality.

⚠️ EXAM ALERT: QUICK FACTS

• Zoning vs. Planning: Remember that the Town Board/City Council makes the zoning laws, but the Planning Board creates the Master Plan and the Zoning Board of Appeals grants variances.

• Appointed vs. Elected: The Town Board/City Council members are elected; members of the Planning Board and ZBA are appointed.

• Septic Approval: If an exam question asks who approves a septic system for a new home, the answer is almost always the County Health Department.

• The "CO": A property cannot be legally occupied until the Building Department issues a Certificate of Occupancy.

• Tax Roles: The Assessor sets the value; the Receiver of Taxes collects the money. Do not mix these up!

Key Terms

Architectural Review Board: A local body that reviews and approves building plans and designs to ensure aesthetic and community standards are met.
Buildings Department: A municipal agency that enforces building codes, issues permits, and conducts inspections to ensure the safety and legality of buildings.
Conservation Advisory Council: A group that advises on the development, management, and protection of a community's natural resources.
County Health Department: A government agency responsible for public health, including sanitation, disease control, and health education.
Historic Preservation/Landmark Commission: A body that designates and protects historically and architecturally significant landmarks and districts.
Planning Boards: Local bodies that develop master plans, review subdivision proposals, and advise on land-use matters.
Receiver of Taxes: The municipal official responsible for collecting property taxes.
Tax Assessors: Officials who determine the value of properties for tax purposes.
Village Board of Trustees: The elected governing body of a village.
Zoning Board of Appeals: A board that grants variances and special permits for properties facing hardship due to zoning regulations.