KRS § 100.346 — KY Code / Title IX / Chapter 100 / Section 100.346
100.346 Orientation and continuing education training for planning and zoning officials and staff
Status: in_force

100.346 Orientation and continuing education training for planning and zoning

officials and staff.

(1) (a) Each planning commissioner and board of adjustment member of a planning

unit shall, within one (1) year prior to his or her appointment and one (1) year

following appointment, attend a minimum of three (3) hours of orientation

training in one (1) or more of the subjects listed in subsection (4) of this

section and at least one (1) additional hour of training on the impact of

planning and zoning policies and procedures on housing supply and

accessibility.

(b) Each planning professional, zoning administrator, and administrative official,

and each planning professional's deputies and assistants, shall, within one (1)

year prior to being employed, or within one hundred twenty (120) days of

employment, attend a minimum of seven (7) hours of orientation training in

one (1) or more of the subjects listed in subsection (4) of this section and at

least one (1) additional hour of training on the impact of planning and zoning

policies and procedures on housing supply and accessibility.

(c) Each of the individuals listed in paragraphs (a) and (b) of this subsection shall

certify his or her attendance by a written statement filed with the secretary of

his or her respective planning commission within thirty (30) days of

completing the orientation training required in paragraphs (a) and (b) of this

subsection. Each statement shall identify the date of each program attended,

its subject matter, location, sponsors, and the time spent in each program.

(2) (a) Each planning commissioner and board of adjustment member of a planning

unit shall, within each period of four (4) consecutive calendar years, starting

at the date of the individual's appointment, attend no less than seven (7) hours

of continuing education in any of the subjects listed in subsection (4) of this

section and at least one (1) additional hour of training on the impact of

planning and zoning policies and procedures on housing supply and

accessibility.

(b) Each planning professional, zoning administrator, and administrative official,

and each planning professional's deputies and assistants, shall, within each

period of two (2) consecutive calendar years, starting at the date of the

individual's appointment, attend no less than fifteen (15) hours of continuing

education in any of the subjects listed in subsection (4) of this section and at

least one (1) additional hour of training on the impact of planning and zoning

policies and procedures on housing supply and accessibility.

(c) Each of the individuals listed in paragraphs (a) and (b) of this subsection shall

certify his or her attendance by a written statement filed with the secretary of

his or her respective planning commission within thirty (30) days of

completing the continuing education required in paragraphs (a) and (b) of this

subsection. Each statement shall identify the date of each program attended,

its subject matter, location, sponsors, and the time spent in each program.

(3) The planning commission or the legislative body of the city, county, urban-county

government, charter county government, or consolidated local government in which

the planning commission has jurisdiction or, in the case of a joint planning unit, has

representation in, shall be responsible for providing training as required by

subsections (1) and (2) of this section or for providing funding to each planning

commissioner, board of adjustment member, full-time planning professional,

zoning administrator, administrative official, and planning professional's deputies

or assistants so that each individual may obtain training as required by subsections

(1) and (2) of this section from other sources.

(4) The subjects for the education required by subsections (1) and (2) of this section

shall include but not be limited to any of the following: land use planning; zoning;

floodplains; transportation; community facilities; ethics; public utilities; wireless

telecommunications facilities; parliamentary procedure; public hearing procedure;

administrative law; economic development; housing; public buildings; building

construction; land subdivision; and powers and duties of the board of adjustment.

Other topics reasonably related to the duties of planning officials or planning

professionals may be approved by majority vote of the planning commission prior

to December 31 of the year for which credit is sought.

(5) Each local planning commission shall keep in its official public records originals of

all statements and the written documentation of attendance required in subsection

(6) of this section filed with the secretary of the planning commission pursuant to

subsections (1)(c) and (2)(c) of this section for three (3) years after the calendar

year in which each statement and appurtenant written documentation is filed.

(6) Each planning commissioner, board of adjustment member, full-time planning

professional, zoning administrator, administrative official, and planning

professional's deputies or assistants shall be responsible for obtaining written

documentation signed by a representative of the sponsor of any continuing

education course for which credit is claimed, acknowledging the fact that the

individual attended the program for which credit is claimed. That documentation

shall be filed with the secretary of the planning commission as attachments to the

statements required by subsections (1)(c) and (2)(c) of this section.

(7) If a planning commissioner or board of adjustment member fails to:

(a) Complete the requisite number of hours of orientation training and continuing

education within the time allotted under subsections (1) and (2) of this

section;

(b) File the statement required by subsections (1)(c) and (2)(c) of this section; or

(c) File the documentation required by subsection (6) of this section;

the planning commissioner shall be subject to removal from office according to the

provisions of KRS 100.157, and the board of adjustment member shall be subject to

removal according to the provisions of KRS 100.217.

(8) No city, county, urban-county government, charter county government,

consolidated local government, planning commission, board of adjustment, or any

entity performing local planning under KRS Chapter 100, shall employ a planning

professional, zoning administrator, administrative official, or a planning

professional's deputy or assistant, who fails to complete the requisite number of

hours of orientation and continuing education required by subsections (1) and (2) of

this section in the capacity of a planning professional, zoning administrator,

administrative official, or planning professional's deputy or assistant.