NY State Senate Bill 2023-S6568

Senate Bill S6568

2023-2024 Legislative Session

Authorizes municipal legislative bodies to enact local laws and ordinances providing for mediation of land use decisions

download bill text pdf

Current Bill Status - In Senate Committee Cities 2 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 2
Apr 26, 2023	referred to cities 2

2023-S6568 (ACTIVE) - Details

See Assembly Version of this Bill:: A1694
Current Committee:: Senate Cities 2
Law Section:: General City Law
Laws Affected:: Amd §§20, 81-a & 27, Gen City L; amd §§64, 267-a & 271, Town L; amd §§4-412, 7-712-a & 7-718, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5484, A8259
2011-2012: S4358, A5829
2013-2014: S4338, A1265
2015-2016: S1394, S6606, A1013
2017-2018: S4537, A871
2019-2020: S448, A2052
2021-2022: S1264, A46

2023-S6568 (ACTIVE) - Summary

Authorizes certain municipal legislative bodies, including towns and villages, to enact local laws and ordinances providing for non-binding mediation of land use decisions.

2023-S6568 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6568

SPONSOR: HELMING
 
TITLE OF BILL:

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

 
PURPOSE:

To authorize municipalities to utilize mediation as an alternative
procedure in reaching certain land use regulation decisions.

 
SUMMARY OF PROVISIONS:

The bill would amend the General City Law to authorize city governments,
including the zoning board of appeals and planning board to establish
procedures (by local law or ordinance) to use mediation for reaching
land use decisions. The bill would also make the same authorizations in
the Town Law. The proposed language emphasizes that mediation is volun-
tary and nonbinding and allows for mutually agreed-to extensions of
existing time limits for proposals submitted to boards while mediation

takes place. If extensions are granted, an end date for such extensions
must be specified at the time mediation is approved.

 
JUSTIFICATION:

Interested parties to a land use decision by local governments can often
end up in protracted legal disputes. As legal fees continue to soar and
court dockets become increasingly congested, local governments may turn
to mediation as an alternate resolution method.

The New York State Community Dispute Resolution Centers Program within
the Office of Court Administration was established in 1981. Through its
62 county-based centers, mediation has been used to resolve disputes in
education, affordable housing and other areas. As envisioned in the
proposed legislation, mediation would be employed to promote timely and
effective land use decisions by working to resolve conflicts in such
areas as: review and approval of comprehensive plans, rezoning, subdivi-
sion plans, site plans and special use permits.

The Lincoln Institute of Land Policy has conducted a survey of partic-
ipants in mediated land disputes and found that 85%: had a positive view
of the experience and in cases that were settled, 92% of the parties
believed their own interests were served by the settlement. About two
dozen other states currently authorize land use mediation. Mediation of
land disputes currently takes place in NYS through the USDA agricultural
mediation program, and the Adirondack Park Agency is using mediation to
attempt to resolve differences over a proposed development project in
Tupper Lake.

Mediation can be an effective vehicle for municipalities in sorting out
complex, often controversial, land use issues. With the help of a
trained mediator, local officials and interested parties may be better
able to explore alternatives and weigh options that enhance the tradi-
tional municipal planning and zoning review process.

This bill is not a mandate, rather it provides authorization for local
governments to establish mediation as an alternative land use conflict
resolution method, while assuring that the rights of individual parties
are protected and established planning and zoning review processes are
preserved. The bill provides that mediation would be used to supplement,
not replace, existing municipal review procedures and decision-making by
a local government.

 
LEGISLATIVE HISTORY:

2022: S.1264 referred to Cities 2/A.46 referred to Local Governments

2021: S.1264 referred to Cities 2/A.46 referred to Local Governments

2020: S.448 referred to Cities/A.2052 referred to Local Governments

2019: S.448 referred to Cities/A.2052 referred to Local Governments

2018: S.4537 Passed Senate/A.871 Referred to Local Governments

2017: S.4537 Passed Senate/A.871 Referred to Judiciary

2016: S.6606 Passed Senate/A.1013 Referred to Judiciary

2015: S.1394 Passed Senate/A.1013 Referred to Judiciary

2013,2014: S.4338/A.1265-A Passed Senate

2011,2012: S.4358/A.5829 Passed Senate

2010: S.5484/A.8259 Reported and Committed to Rules

2009: S.5484/A.8259 Reported and Committed to Finance

2007,2008: S.3232/A.5482 Passed Senate

2006: S.2749/A.5631 Passed Senate

2005: S.2749/A.5631 Committed to Rules

2004: S.6184/A.9782 Passed Senate

2001,2002: S.3560/A.7146 Passed Senate

 
FISCAL IMPLICATIONS:

It is anticipated that legal expenses and court costs for municipalities
and applicants may be reduced or avoided through the use of this alter-
nate resolution technique, resulting in reduced expenses for local
governments, applicants and taxpayers.

 
EFFECTIVE DATE:
This act shall take effect on the first day of July next succeeding the
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 enacted prior to this effective date.

2023-S6568 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6568
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 2
 
 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 ESTABLISHED BY 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.
   §  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  ESTAB-
 LISHED BY THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED
 BY THE LEGISLATIVE BODY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01167-01-3
 S. 6568                             2

   §  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 ESTABLISHED BY THE UNIFIED COURT SYSTEM OR SUCH OTHER  PROCE-
 DURE AS DETERMINED BY THE LEGISLATIVE BODY.
   § 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  ESTAB-
 LISHED  BY  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.
   § 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 ESTABLISHED  BY
 THE  UNIFIED  COURT  SYSTEM OR OTHER SUCH PROCEDURE AS DETERMINED BY THE
 BOARD.
   § 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 ESTABLISHED BY THE UNIFIED COURT SYSTEM OR OTHER PROCEDURE AS
 DETERMINED BY THE BOARD.
   §  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 ESTABLISHED BY THE UNIFIED COURT
 SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED BY THE BOARD  OF  TRUSTEES.
 S. 6568                             3
 
 WHEN  UTILIZING  SUCH MEDIATION, THE APPLICANT AND THE BOARD OF TRUSTEES
 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 BOARD OF TRUSTEES
 SHALL MAKE SUCH WRITTEN AGREEMENT AVAILABLE TO THE PUBLIC  BY  FILING  A
 COPY THEREOF IN THE VILLAGE CLERK'S OFFICE.
   §  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
 ESTABLISHED BY THE UNIFIED COURT  SYSTEM  OR  SUCH  OTHER  PROCEDURE  AS
 DETERMINED BY THE BOARD OF TRUSTEES.
   §  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 ESTABLISHED BY THE UNIFIED COURT SYSTEM OR
 SUCH OTHER PROCEDURE AS DETERMINED BY THE BOARD OF TRUSTEES.
   § 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.

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