Bill Text: NY A02052 | 2019-2020 | 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 5-2)
Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A02052 Detail]
Download: New_York-2019-A02052-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2052 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. GUNTHER, PALMESANO, MONTESANO, FITZPATRICK -- Multi-Sponsored by -- M. of A. HAWLEY, McDONOUGH, RIVERA -- read once and referred to the Committee on Local Governments 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 established by the unified court system 5 or such other procedure as determined by its legislative body. When 6 utilizing such mediation, the applicant and the legislative body may 7 mutually agree, in writing, to stay or extend the statutory time periods 8 for review of such application, and said agreement shall specify the 9 date on which the stay or extension will end. The legislative body shall 10 make such written agreement available to the public by filing a copy 11 thereof in the city clerk's office. 12 § 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 estab- 22 lished by the unified court system or such other procedure as determined 23 by the legislative body. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01780-01-9A. 2052 2 1 § 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 established by the unified court system or such other proce- 14 dure as determined by the legislative body. 15 § 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 estab- 19 lished by the unified court system or other procedure as determined by 20 the board. When utilizing such mediation, the applicant and the town 21 board may mutually agree, in writing, to stay or extend the statutory 22 time periods for review of such application, and said agreement shall 23 specify the date on which the stay or extension will end. The town board 24 shall make such written agreement available to the public by filing a 25 copy thereof in the town clerk's office. 26 § 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 established by 36 the unified court system or other such procedure as determined by the 37 board. 38 § 6. Paragraph b of subdivision 14 of section 271 of the town law, as 39 amended by chapter 418 of the laws of 1995, is amended to read as 40 follows: 41 b. The planning board may review and make recommendations on a 42 proposed town comprehensive plan or amendment thereto. In addition, the 43 planning board shall have full power and authority to make investi- 44 gations, maps, reports and recommendations in connection therewith 45 relating to the planning and development of the town as it seems desira- 46 ble, providing the total expenditures of said board shall not exceed the 47 appropriation provided therefor. The planning board may be authorized 48 by the town board to provide for the use of voluntary and nonbinding 49 mediation as an aid in fostering land use decisions, pursuant to the 50 guidelines established by the unified court system or other procedure as 51 determined by the board. 52 § 7. Subdivision 3 of section 4-412 of the village law is amended by 53 adding a new paragraph 14 to read as follows: 54 (14) Mediation. May provide for the use of voluntary and nonbinding 55 mediation pursuant to the guidelines established by the unified court 56 system or such other procedure as determined by the board of trustees.A. 2052 3 1 When utilizing such mediation, the applicant and the board of trustees 2 may mutually agree, in writing, to stay or extend the statutory time 3 periods for review of such application, and said agreement shall specify 4 the date on which the stay or extension will end. The board of trustees 5 shall make such written agreement available to the public by filing a 6 copy thereof in the village clerk's office. 7 § 8. Subdivision 3 of section 7-712-a of the village law, as amended 8 by chapter 248 of the laws of 1992, is amended to read as follows: 9 3. Assistance to board of appeals. (a) Such board shall have the 10 authority to call upon any department, agency or employee of the village 11 for such assistance as shall be deemed necessary and as shall be author- 12 ized by the village board of trustees. Such department, agency or 13 employee may be reimbursed for any expenses incurred as a result of such 14 assistance. 15 (b) The zoning board of appeals may be authorized by the board of 16 trustees to provide for the use of voluntary and nonbinding mediation as 17 an aid in fostering land use decisions, pursuant to the guidelines 18 established by the unified court system or such other procedure as 19 determined by the board of trustees. 20 § 9. Paragraph b of subdivision 14 of section 7-718 of the village 21 law, as amended by chapter 418 of the laws of 1995, is amended to read 22 as follows: 23 b. The planning board may review and make recommendations on a 24 proposed village comprehensive plan or amendment thereto. In addition, 25 the planning board shall have the full power and authority to make 26 investigations, maps, reports, and recommendations in connection there- 27 with relating to the planning and development of the village as it seems 28 desirable, providing the total expenditures of said board shall not 29 exceed the appropriation provided therefor. The planning board may be 30 authorized by the board of trustees to provide for the use of voluntary 31 and nonbinding mediation as an aid in fostering land use decisions, 32 pursuant to the guidelines established by the unified court system or 33 such other procedure as determined by the board of trustees. 34 § 10. This act shall take effect on the first of July in the calendar 35 year next succeeding the calendar year in which it shall have become a 36 law, and shall not affect any local laws or ordinances providing for the 37 mediation of zoning and planning decisions which were enacted prior to 38 such effective date.
