Bill Text: NY A05829 | 2011-2012 | General Assembly | Introduced
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 2-1)
Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A05829 Detail]
Download: New_York-2011-A05829-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5829 2011-2012 Regular Sessions I N A S S E M B L Y March 2, 2011 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee 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. LBD09878-01-1 A. 5829 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. 5829 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.