Bill Text: NY A01265 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1265
                              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 -- read once and referred to
         the Committee on Judiciary
       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  OF THE UNIFIED COURT SYSTEM OR SUCH
    5  OTHER PROCEDURE AS DETERMINED BY ITS LEGISLATIVE  BODY.  WHEN  UTILIZING
    6  SUCH  MEDIATION,  THE  APPLICANT  AND  THE LEGISLATIVE BODY MAY MUTUALLY
    7  AGREE, IN WRITING, TO STAY OR EXTEND  THE  STATUTORY  TIME  PERIODS  FOR
    8  REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE DATE ON
    9  WHICH  THE  STAY  OR EXTENSION WILL END. THE LEGISLATIVE BODY SHALL MAKE
   10  SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY  THEREOF
   11  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  OF  THE
   22  UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE LEGIS-
   23  LATIVE BODY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02517-01-3
       A. 1265                             2
    1    S  3.  Paragraph b of subdivision 14 of section 27 of the general city
    2  law, as amended by chapter 418 of the laws of 1995, is amended  to  read
    3  as follows:
    4    b.  The  planning  board  may  review  and  make  recommendations on a
    5  proposed city comprehensive plan or amendment thereto. In addition,  the
    6  planning  board shall have the full power and authority to make investi-
    7  gations, maps, reports,  and  recommendations  in  connection  therewith
    8  relating to the planning and development of the city as it deems desira-
    9  ble, providing the total expenditures of said board shall not exceed the
   10  appropriation  provided therefor.   THE PLANNING BOARD MAY BE AUTHORIZED
   11  BY THE LEGISLATIVE BODY TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBIND-
   12  ING MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE
   13  GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETER-
   14  MINED BY THE LEGISLATIVE BODY.
   15    S 4. Section 64 of the town law is amended by adding a new subdivision
   16  26 to read as follows:
   17    26. MEDIATION. IS AUTHORIZED TO PROVIDE BY LOCAL LAW FOR  THE  USE  OF
   18  VOLUNTARY  AND  NONBINDING  MEDIATION  PURSUANT TO THE GUIDELINES OF THE
   19  UNIFIED COURT SYSTEM OR OTHER PROCEDURE  AS  DETERMINED  BY  THE  BOARD.
   20  WHEN  UTILIZING  SUCH  MEDIATION,  THE  APPLICANT AND THE TOWN BOARD MAY
   21  MUTUALLY AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME PERIODS
   22  FOR REVIEW OF SUCH APPLICATION, AND SAID  AGREEMENT  SHALL  SPECIFY  THE
   23  DATE  ON WHICH THE STAY OR EXTENSION WILL END. THE TOWN BOARD SHALL MAKE
   24  SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY  THEREOF
   25  IN THE TOWN CLERK'S OFFICE.
   26    S  5.  Subdivision  3  of section 267-a of the town law, as amended by
   27  chapter 248 of the laws of 1992, is amended to read as follows:
   28    3. Assistance to board of appeals.   (A) Such  board  shall  have  the
   29  authority  to  call  upon any department, agency or employee of the town
   30  for such assistance as shall be deemed necessary and as shall be author-
   31  ized by the town board. Such department, agency or employee may be reim-
   32  bursed for any expenses incurred as a result of such assistance.
   33    (B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE TOWN BOARD TO
   34  PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS AN  AID  IN
   35  FOSTERING  LAND USE DECISIONS, PURSUANT TO THE GUIDELINES OF THE UNIFIED
   36  COURT SYSTEM OR OTHER SUCH PROCEDURE AS DETERMINED BY THE BOARD.
   37    S 6. Paragraph b of subdivision 14 of section 271 of the town law,  as
   38  amended  by  chapter  418  of  the  laws  of 1995, is amended to read as
   39  follows:
   40    b. The planning  board  may  review  and  make  recommendations  on  a
   41  proposed  town comprehensive plan or amendment thereto. In addition, the
   42  planning board shall have full power  and  authority  to  make  investi-
   43  gations,  maps,  reports  and  recommendations  in  connection therewith
   44  relating to the planning and development of the town as it seems desira-
   45  ble, providing the total expenditures of said board shall not exceed the
   46  appropriation provided therefor.  THE PLANNING BOARD MAY  BE  AUTHORIZED
   47  BY  THE  TOWN  BOARD  TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING
   48  MEDIATION AS AN AID IN FOSTERING LAND USE  DECISIONS,  PURSUANT  TO  THE
   49  GUIDELINES  OF THE UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS DETERMINED
   50  BY THE BOARD.
   51    S 7. Subdivision 3 of section 4-412 of the village law is  amended  by
   52  adding a new paragraph 14 to read as follows:
   53    (14)  MEDIATION.  MAY  PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING
   54  MEDIATION PURSUANT TO THE GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH
   55  OTHER PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES.  WHEN  UTILIZING
   56  SUCH  MEDIATION,  THE  APPLICANT  AND THE BOARD OF TRUSTEES MAY MUTUALLY
       A. 1265                             3
    1  AGREE, IN WRITING, TO STAY OR EXTEND  THE  STATUTORY  TIME  PERIODS  FOR
    2  REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE DATE ON
    3  WHICH  THE  STAY OR EXTENSION WILL END. THE BOARD OF TRUSTEES SHALL MAKE
    4  SUCH  WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY THEREOF
    5  IN THE VILLAGE CLERK'S OFFICE.
    6    S 8. Subdivision 3 of section 7-712-a of the village law,  as  amended
    7  by chapter 248 of the laws of 1992, is amended to read as follows:
    8    3.  Assistance  to  board  of appeals.   (A) Such board shall have the
    9  authority to call upon any department, agency or employee of the village
   10  for such assistance as shall be deemed necessary and as shall be author-
   11  ized by the village  board  of  trustees.  Such  department,  agency  or
   12  employee may be reimbursed for any expenses incurred as a result of such
   13  assistance.
   14    (B)  THE  ZONING  BOARD  OF  APPEALS MAY BE AUTHORIZED BY THE BOARD OF
   15  TRUSTEES TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS
   16  AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO  THE  GUIDELINES  OF
   17  THE  UNIFIED  COURT  SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE
   18  BOARD OF TRUSTEES.
   19    S 9. Paragraph b of subdivision 14 of section  7-718  of  the  village
   20  law,  as  amended by chapter 418 of the laws of 1995, is amended to read
   21  as follows:
   22    b. The planning  board  may  review  and  make  recommendations  on  a
   23  proposed  village  comprehensive plan or amendment thereto. In addition,
   24  the planning board shall have the  full  power  and  authority  to  make
   25  investigations,  maps, reports, and recommendations in connection there-
   26  with relating to the planning and development of the village as it seems
   27  desirable, providing the total expenditures  of  said  board  shall  not
   28  exceed  the  appropriation provided therefor.  THE PLANNING BOARD MAY BE
   29  AUTHORIZED BY THE BOARD OF TRUSTEES TO PROVIDE FOR THE USE OF  VOLUNTARY
   30  AND  NONBINDING  MEDIATION  AS  AN  AID IN FOSTERING LAND USE DECISIONS,
   31  PURSUANT TO THE GUIDELINES OF THE UNIFIED COURT  SYSTEM  OR  SUCH  OTHER
   32  PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES.
   33    S  10. This act shall take effect on the first of July in the calendar
   34  year next succeeding the calendar year in which it shall have  become  a
   35  law, and shall not affect any local laws or ordinances providing for the
   36  mediation  of  zoning and planning decisions which were enacted prior to
   37  such effective date.