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

Summary of provisions

The bill would amend the General City Law by adding a new subdivision 39 to section 20, amending subdivision 3 of section 81-a and paragraph b of subdivision 14 of section 27 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 by amending subdivision 26 of section 64, subdivision 3 of section 267-a, and paragraph b of subdivision 14 of section 271, and the -Village Law by amending subdivision 3 of section 4-412, subdivision 3 of section 7-712 and paragraph b of subdivision 14 of section 7-718. The proposed language emphasizes that mediation is voluntary and non-binding 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, rezonings, subdivision plans, site plans and special use permits.

The Lincoln Institute of Land Policy has conducted a survey of participants in mediated land disputes and found that 85% had a positive view of the experience and in case 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 traditional 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

2009-10: S.5484 Senate Rules Committee; A.8259 Assembly Judiciary Committee. 2007-08: S.3232, Passed Senate; A5482 Assembly Local Governments Committee. 2005-06: S.2749 Passed Senate; A.5631, Assembly Local Governments Committee. 2004-05: S.6184 Passed Senate; A.9782, Assembly Local Governments Committee. 2003-02: S.3560 Passed Senate; A.7146, Assembly Local Government Committee.

Fiscal implications

None to the State.

Local 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 alternate 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.