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.