NY State Assembly Bill 2013-A1265A

Assembly Bill A1265A

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to judiciary
May 01, 2013	print number 1265a
May 01, 2013	amend and recommit to judiciary
Jan 09, 2013	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

multi-Sponsors

2013-A1265 - Details

See Senate Version of this Bill:: S4338
Current Committee:: Assembly Judiciary
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: A8259, S5484
2011-2012: A5829, S4358
2015-2016: A1013, S1394, S6606
2017-2018: A871, S4537
2019-2020: A2052, S448
2021-2022: A46, S1264
2023-2024: A1694, S6568

2013-A1265 - 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.

2013-A1265 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1265

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. GUNTHER, PALMESANO -- 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:

  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.
                                                           LBD02517-01-3

A. 1265                             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

A. 1265                             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.

co-Sponsors

multi-Sponsors

2013-A1265A (ACTIVE) - Details

See Senate Version of this Bill:: S4338
Current Committee:: Assembly Judiciary
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: A8259, S5484
2011-2012: A5829, S4358
2015-2016: A1013, S1394, S6606
2017-2018: A871, S4537
2019-2020: A2052, S448
2021-2022: A46, S1264
2023-2024: A1694, S6568

2013-A1265A (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.

2013-A1265A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1265--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. GUNTHER, PALMESANO -- Multi-Sponsored by -- M. of
  A.    RIVERA -- (at the request of the Legislative Commission on Rural
  Resources) -- read once and referred to the Committee on Judiciary  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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.
  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  ESTAB-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02517-03-3

A. 1265--A                          2

LISHED BY THE UNIFIED COURT SYSTEM OR SUCH OTHER PROCEDURE AS DETERMINED
BY THE LEGISLATIVE BODY.
  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 ESTABLISHED BY THE UNIFIED COURT SYSTEM OR SUCH OTHER  PROCE-
DURE AS DETERMINED 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  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.
  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 ESTABLISHED  BY
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 ESTABLISHED BY 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:

A. 1265--A                          3

  (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.
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.
  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
ESTABLISHED  BY  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 ESTABLISHED BY 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.

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Assembly Bill A1265A

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Sponsored By

GUNTHER

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Philip Palmesano

multi-Sponsors

Jose Rivera

2013-A1265 - Details

2013-A1265 - Summary

2013-A1265 - Bill Text download pdf

co-Sponsors

Philip Palmesano

Michael Montesano

Raymond Walter

multi-Sponsors

Stephen Hawley

Jose Rivera

2013-A1265A (ACTIVE) - Details

2013-A1265A (ACTIVE) - Summary

2013-A1265A (ACTIVE) - Bill Text download pdf

Comments