Bill Text: NY A08259 | 2009-2010 | 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: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A08259 Detail]
Download: New_York-2009-A08259-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5484 A. 8259
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
May 11, 2009
___________
IN SENATE -- Introduced by Sens. WINNER, AUBERTINE, STACHOWSKI, VALESKY,
YOUNG -- (at request of the Legislative Commission on Rural Resources)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Cities
IN ASSEMBLY -- Introduced by M. of A. KOON, LIFTON, BACALLES, BURLING --
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02350-02-9
S. 5484 2 A. 8259
1 AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES OF THE
2 UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE LEGIS-
3 LATIVE BODY.
4 S 3. Paragraph b of subdivision 14 of section 27 of the general city
5 law, as amended by chapter 418 of the laws of 1995, is amended to read
6 as follows:
7 b. The planning board may review and make recommendations on a
8 proposed city comprehensive plan or amendment thereto. In addition, the
9 planning board shall have the full power and authority to make investi-
10 gations, maps, reports, and recommendations in connection therewith
11 relating to the planning and development of the city as it deems desira-
12 ble, providing the total expenditures of said board shall not exceed the
13 appropriation provided therefor. THE PLANNING BOARD MAY BE AUTHORIZED
14 BY THE LEGISLATIVE BODY TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBIND-
15 ING MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE
16 GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETER-
17 MINED BY THE LEGISLATIVE BODY.
18 S 4. Section 64 of the town law is amended by adding a new subdivision
19 26 to read as follows:
20 26. MEDIATION. IS AUTHORIZED TO PROVIDE BY LOCAL LAW FOR THE USE OF
21 VOLUNTARY AND NONBINDING MEDIATION PURSUANT TO THE GUIDELINES OF THE
22 UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS DETERMINED BY THE BOARD.
23 WHEN UTILIZING SUCH MEDIATION, THE APPLICANT AND THE TOWN BOARD MAY
24 MUTUALLY AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME PERIODS
25 FOR REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE
26 DATE ON WHICH THE STAY OR EXTENSION WILL END. THE TOWN BOARD SHALL MAKE
27 SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY THEREOF
28 IN THE TOWN CLERK'S OFFICE.
29 S 5. Subdivision 3 of section 267-a of the town law, as amended by
30 chapter 248 of the laws of 1992, is amended to read as follows:
31 3. Assistance to board of appeals. (A) Such board shall have the
32 authority to call upon any department, agency or employee of the town
33 for such assistance as shall be deemed necessary and as shall be author-
34 ized by the town board. Such department, agency or employee may be reim-
35 bursed for any expenses incurred as a result of such assistance.
36 (B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE TOWN BOARD TO
37 PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS AN AID IN
38 FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES OF THE UNIFIED
39 COURT SYSTEM OR OTHER SUCH PROCEDURE AS DETERMINED BY THE 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 OF THE UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS DETERMINED
53 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:
S. 5484 3 A. 8259
1 (14) MEDIATION. MAY PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING
2 MEDIATION PURSUANT TO THE GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH
3 OTHER PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES. WHEN UTILIZING
4 SUCH MEDIATION, THE APPLICANT AND THE BOARD OF TRUSTEES MAY MUTUALLY
5 AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME PERIODS FOR
6 REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE DATE ON
7 WHICH THE STAY OR EXTENSION WILL END. THE BOARD OF TRUSTEES SHALL MAKE
8 SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY THEREOF
9 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 OF
21 THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE
22 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 OF THE UNIFIED COURT SYSTEM OR SUCH OTHER
36 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.
