Bill Text: NY A01265 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes certain municipal legislative bodies, including towns and villages, to enact local laws and ordinances providing for non-binding mediation of land use decisions.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A01265 Detail]
Download: New_York-2013-A01265-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1265--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. GUNTHER, PALMESANO -- Multi-Sponsored by -- M. of A. RIVERA -- (at the request of the Legislative Commission on Rural Resources) -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general city law, the town law, and the village law, in relation to authorizing the use of mediation in land use decisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 20 of the general city law is amended by adding a 2 new subdivision 39 to read as follows: 3 39. TO PROVIDE BY LOCAL LAW FOR THE USE OF VOLUNTARY AND NONBINDING 4 MEDIATION PURSUANT TO GUIDELINES ESTABLISHED BY THE UNIFIED COURT SYSTEM 5 OR SUCH OTHER PROCEDURE AS DETERMINED BY ITS LEGISLATIVE BODY. WHEN 6 UTILIZING SUCH MEDIATION, THE APPLICANT AND THE LEGISLATIVE BODY MAY 7 MUTUALLY AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME PERIODS 8 FOR REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE 9 DATE ON WHICH THE STAY OR EXTENSION WILL END. THE LEGISLATIVE BODY SHALL 10 MAKE SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY 11 THEREOF IN THE CITY CLERK'S OFFICE. 12 S 2. Subdivision 3 of section 81-a of the general city law, as added 13 by chapter 208 of the laws of 1993, is amended to read as follows: 14 3. Assistance to the board of appeals. (A) Such board shall have the 15 authority to call upon any department, agency or employee of the city 16 for such assistance as shall be deemed necessary and as shall be author- 17 ized by the legislative body. Such department, agency or employee may be 18 reimbursed for any expenses incurred as a result of such assistance. 19 (B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE LEGISLATIVE 20 BODY TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS AN 21 AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES ESTAB- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02517-03-3 A. 1265--A 2 1 LISHED BY THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED 2 BY THE LEGISLATIVE BODY. 3 S 3. Paragraph b of subdivision 14 of section 27 of the general city 4 law, as amended by chapter 418 of the laws of 1995, is amended to read 5 as follows: 6 b. The planning board may review and make recommendations on a 7 proposed city comprehensive plan or amendment thereto. In addition, the 8 planning board shall have the full power and authority to make investi- 9 gations, maps, reports, and recommendations in connection therewith 10 relating to the planning and development of the city as it deems desira- 11 ble, providing the total expenditures of said board shall not exceed the 12 appropriation provided therefor. THE PLANNING BOARD MAY BE AUTHORIZED 13 BY THE LEGISLATIVE BODY TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBIND- 14 ING MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE 15 GUIDELINES ESTABLISHED BY THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCE- 16 DURE AS DETERMINED BY THE LEGISLATIVE BODY. 17 S 4. Section 64 of the town law is amended by adding a new subdivision 18 26 to read as follows: 19 26. MEDIATION. IS AUTHORIZED TO PROVIDE BY LOCAL LAW FOR THE USE OF 20 VOLUNTARY AND NONBINDING MEDIATION PURSUANT TO THE GUIDELINES ESTAB- 21 LISHED BY THE UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS DETERMINED BY 22 THE BOARD. WHEN UTILIZING SUCH MEDIATION, THE APPLICANT AND THE TOWN 23 BOARD MAY MUTUALLY AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY 24 TIME PERIODS FOR REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL 25 SPECIFY THE DATE ON WHICH THE STAY OR EXTENSION WILL END. THE TOWN BOARD 26 SHALL MAKE SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A 27 COPY THEREOF IN THE TOWN CLERK'S OFFICE. 28 S 5. Subdivision 3 of section 267-a of the town law, as amended by 29 chapter 248 of the laws of 1992, is amended to read as follows: 30 3. Assistance to board of appeals. (A) Such board shall have the 31 authority to call upon any department, agency or employee of the town 32 for such assistance as shall be deemed necessary and as shall be author- 33 ized by the town board. Such department, agency or employee may be reim- 34 bursed for any expenses incurred as a result of such assistance. 35 (B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE TOWN BOARD TO 36 PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS AN AID IN 37 FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES ESTABLISHED BY 38 THE UNIFIED COURT SYSTEM OR OTHER SUCH PROCEDURE AS DETERMINED BY THE 39 BOARD. 40 S 6. Paragraph b of subdivision 14 of section 271 of the town law, as 41 amended by chapter 418 of the laws of 1995, is amended to read as 42 follows: 43 b. The planning board may review and make recommendations on a 44 proposed town comprehensive plan or amendment thereto. In addition, the 45 planning board shall have full power and authority to make investi- 46 gations, maps, reports and recommendations in connection therewith 47 relating to the planning and development of the town as it seems desira- 48 ble, providing the total expenditures of said board shall not exceed the 49 appropriation provided therefor. THE PLANNING BOARD MAY BE AUTHORIZED 50 BY THE TOWN BOARD TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING 51 MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE 52 GUIDELINES ESTABLISHED BY THE UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS 53 DETERMINED BY THE BOARD. 54 S 7. Subdivision 3 of section 4-412 of the village law is amended by 55 adding a new paragraph 14 to read as follows: A. 1265--A 3 1 (14) MEDIATION. MAY PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING 2 MEDIATION PURSUANT TO THE GUIDELINES ESTABLISHED BY THE UNIFIED COURT 3 SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES. 4 WHEN UTILIZING SUCH MEDIATION, THE APPLICANT AND THE BOARD OF TRUSTEES 5 MAY MUTUALLY AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME 6 PERIODS FOR REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY 7 THE DATE ON WHICH THE STAY OR EXTENSION WILL END. THE BOARD OF TRUSTEES 8 SHALL MAKE SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A 9 COPY THEREOF IN THE VILLAGE CLERK'S OFFICE. 10 S 8. Subdivision 3 of section 7-712-a of the village law, as amended 11 by chapter 248 of the laws of 1992, is amended to read as follows: 12 3. Assistance to board of appeals. (A) Such board shall have the 13 authority to call upon any department, agency or employee of the village 14 for such assistance as shall be deemed necessary and as shall be author- 15 ized by the village board of trustees. Such department, agency or 16 employee may be reimbursed for any expenses incurred as a result of such 17 assistance. 18 (B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE BOARD OF 19 TRUSTEES TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS 20 AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES 21 ESTABLISHED BY THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS 22 DETERMINED BY THE BOARD OF TRUSTEES. 23 S 9. Paragraph b of subdivision 14 of section 7-718 of the village 24 law, as amended by chapter 418 of the laws of 1995, is amended to read 25 as follows: 26 b. The planning board may review and make recommendations on a 27 proposed village comprehensive plan or amendment thereto. In addition, 28 the planning board shall have the full power and authority to make 29 investigations, maps, reports, and recommendations in connection there- 30 with relating to the planning and development of the village as it seems 31 desirable, providing the total expenditures of said board shall not 32 exceed the appropriation provided therefor. THE PLANNING BOARD MAY BE 33 AUTHORIZED BY THE BOARD OF TRUSTEES TO PROVIDE FOR THE USE OF VOLUNTARY 34 AND NONBINDING MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS, 35 PURSUANT TO THE GUIDELINES ESTABLISHED BY THE UNIFIED COURT SYSTEM OR 36 SUCH OTHER PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES. 37 S 10. This act shall take effect on the first of July in the calendar 38 year next succeeding the calendar year in which it shall have become a 39 law, and shall not affect any local laws or ordinances providing for the 40 mediation of zoning and planning decisions which were enacted prior to 41 such effective date.