S T A T E O F N E W Y O R K
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4358
2011-2012 Regular Sessions
I N S E N A T E
March 31, 2011
___________
Introduced by Sen. 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
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:
Section 1. Section 20 of the general city law is amended by adding a
new subdivision 39 to read as follows:
39. TO PROVIDE BY LOCAL LAW FOR THE USE OF VOLUNTARY AND NONBINDING
MEDIATION PURSUANT TO GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH
OTHER PROCEDURE AS DETERMINED BY ITS LEGISLATIVE BODY. WHEN UTILIZING
SUCH MEDIATION, THE APPLICANT AND THE LEGISLATIVE BODY MAY MUTUALLY
AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME PERIODS FOR
REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE DATE ON
WHICH THE STAY OR EXTENSION WILL END. THE LEGISLATIVE BODY SHALL MAKE
SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY THEREOF
IN THE CITY CLERK'S OFFICE.
S 2. Subdivision 3 of section 81-a of the general city law, as added
by chapter 208 of the laws of 1993, is amended to read as follows:
3. Assistance to the board of appeals. (A) Such board shall have the
authority to call upon any department, agency or employee of the city
for such assistance as shall be deemed necessary and as shall be author-
ized by the legislative body. Such department, agency or employee may be
reimbursed for any expenses incurred as a result of such assistance.
(B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE LEGISLATIVE
BODY TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS AN
AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES OF THE
UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE LEGIS-
LATIVE BODY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09878-01-1
S. 4358 2
S 3. Paragraph b of subdivision 14 of section 27 of the general city
law, as amended by chapter 418 of the laws of 1995, is amended to read
as follows:
b. The planning board may review and make recommendations on a
proposed city comprehensive plan or amendment thereto. In addition, the
planning board shall have the full power and authority to make investi-
gations, maps, reports, and recommendations in connection therewith
relating to the planning and development of the city as it deems desira-
ble, providing the total expenditures of said board shall not exceed the
appropriation provided therefor. THE PLANNING BOARD MAY BE AUTHORIZED
BY THE LEGISLATIVE BODY TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBIND-
ING MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE
GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETER-
MINED BY THE LEGISLATIVE BODY.
S 4. Section 64 of the town law is amended by adding a new subdivision
26 to read as follows:
26. MEDIATION. IS AUTHORIZED TO PROVIDE BY LOCAL LAW FOR THE USE OF
VOLUNTARY AND NONBINDING MEDIATION PURSUANT TO THE GUIDELINES OF THE
UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS DETERMINED BY THE BOARD.
WHEN UTILIZING SUCH MEDIATION, THE APPLICANT AND THE TOWN BOARD MAY
MUTUALLY AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME PERIODS
FOR REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE
DATE ON WHICH THE STAY OR EXTENSION WILL END. THE TOWN BOARD SHALL MAKE
SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY THEREOF
IN THE TOWN CLERK'S OFFICE.
S 5. Subdivision 3 of section 267-a of the town law, as amended by
chapter 248 of the laws of 1992, is amended to read as follows:
3. Assistance to board of appeals. (A) Such board shall have the
authority to call upon any department, agency or employee of the town
for such assistance as shall be deemed necessary and as shall be author-
ized by the town board. Such department, agency or employee may be reim-
bursed for any expenses incurred as a result of such assistance.
(B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE TOWN BOARD TO
PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS AN AID IN
FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES OF THE UNIFIED
COURT SYSTEM OR OTHER SUCH PROCEDURE AS DETERMINED BY THE BOARD.
S 6. Paragraph b of subdivision 14 of section 271 of the town law, as
amended by chapter 418 of the laws of 1995, is amended to read as
follows:
b. The planning board may review and make recommendations on a
proposed town comprehensive plan or amendment thereto. In addition, the
planning board shall have full power and authority to make investi-
gations, maps, reports and recommendations in connection therewith
relating to the planning and development of the town as it seems desira-
ble, providing the total expenditures of said board shall not exceed the
appropriation provided therefor. THE PLANNING BOARD MAY BE AUTHORIZED
BY THE TOWN BOARD TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING
MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE
GUIDELINES OF THE UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS DETERMINED
BY THE BOARD.
S 7. Subdivision 3 of section 4-412 of the village law is amended by
adding a new paragraph 14 to read as follows:
(14) MEDIATION. MAY PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING
MEDIATION PURSUANT TO THE GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH
OTHER PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES. WHEN UTILIZING
SUCH MEDIATION, THE APPLICANT AND THE BOARD OF TRUSTEES MAY MUTUALLY
S. 4358 3
AGREE, IN WRITING, TO STAY OR EXTEND THE STATUTORY TIME PERIODS FOR
REVIEW OF SUCH APPLICATION, AND SAID AGREEMENT SHALL SPECIFY THE DATE ON
WHICH THE STAY OR EXTENSION WILL END. THE BOARD OF TRUSTEES SHALL MAKE
SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC BY FILING A COPY THEREOF
IN THE VILLAGE CLERK'S OFFICE.
S 8. Subdivision 3 of section 7-712-a of the village law, as amended
by chapter 248 of the laws of 1992, is amended to read as follows:
3. Assistance to board of appeals. (A) Such board shall have the
authority to call upon any department, agency or employee of the village
for such assistance as shall be deemed necessary and as shall be author-
ized by the village board of trustees. Such department, agency or
employee may be reimbursed for any expenses incurred as a result of such
assistance.
(B) THE ZONING BOARD OF APPEALS MAY BE AUTHORIZED BY THE BOARD OF
TRUSTEES TO PROVIDE FOR THE USE OF VOLUNTARY AND NONBINDING MEDIATION AS
AN AID IN FOSTERING LAND USE DECISIONS, PURSUANT TO THE GUIDELINES OF
THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE
BOARD OF TRUSTEES.
S 9. Paragraph b of subdivision 14 of section 7-718 of the village
law, as amended by chapter 418 of the laws of 1995, is amended to read
as follows:
b. The planning board may review and make recommendations on a
proposed village comprehensive plan or amendment thereto. In addition,
the planning board shall have the full power and authority to make
investigations, maps, reports, and recommendations in connection there-
with relating to the planning and development of the village as it seems
desirable, providing the total expenditures of said board shall not
exceed the appropriation provided therefor. THE PLANNING BOARD MAY BE
AUTHORIZED BY THE BOARD OF TRUSTEES TO PROVIDE FOR THE USE OF VOLUNTARY
AND NONBINDING MEDIATION AS AN AID IN FOSTERING LAND USE DECISIONS,
PURSUANT TO THE GUIDELINES OF THE UNIFIED COURT SYSTEM OR SUCH OTHER
PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES.
S 10. This act shall take effect on the first of July in the calendar
year next succeeding the calendar year in which it shall have become a
law, and shall not affect any local laws or ordinances providing for the
mediation of zoning and planning decisions which were enacted prior to
such effective date.
