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

                                  1013

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, PALMESANO, MONTESANO, WALTER -- Multi-
  Sponsored by -- M. of A. HAWLEY, McDONOUGH, RIVERA --  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 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-
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.
                                                           LBD01023-01-5

              

A. 1013                             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 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:
  (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.

A. 1013                             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.
  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.