[HISTORY: Adopted by the Town Board of the
Town of Rochester 10-7-1999 by L.L. No. 4-1999. Amendments noted where
applicable.]
The title of this chapter is "Mediation Option
In Municipal Planning and Zoning." This chapter establishes procedures
for using mediation to prevent or resolve planning and zoning disputes.
It is the intent of the Town Board to provide
a flexible framework within the Town of Rochester for the use of existing
voluntary mediation programs, technical assistance and training as
an optional means to enhance the quality of life for local citizens
and achieve the cost-effective prevention or resolution of certain
planning, zoning and land use disputes in the community.
As used in this chapter, the following terms
shall have the meaning indicated:
The Planning Board, Zoning Board of Appeals or other entity
empowered by the Town Board to review or act on local land use matters
as defined therein.
An individual who has been certified as a mediator under
the guidelines of the New York State Unified Court System Community
Dispute Center Program or a person who has served as a mediator in
two or more separate instances of municipal planning, zoning and land
use dispute resolution or prevention.
Individuals or agents identified by the mediator as having
a substantive concern or role in the outcome of a given planning,
zoning and land use matter under the jurisdiction of the Town of Rochester;
provided, further, that any such body or board of the Town of Rochester
shall not be deemed to be a party of interest for the purposes of
this chapter.
A proceeding, initiated by an authorized board or body of
the Town of Rochester, in which parties of interest to a dispute or
potential dispute pertaining to municipal land use matters, including
but not limited to comprehensive plans or plan updates, rezonings,
subdivision plats, site plans, special use permits or appeals to the
Zoning Board of Appeals, may, at their discretion and with the assistance
of an impartial mediator, jointly seek to prevent or resolve differences
and reach agreement.
A.
The Town Board hereby enacts this chapter to enable
authorized boards or bodies of the Town of Rochester having specific
jurisdiction over certain planning, zoning and land use matters to
refer a dispute or potential dispute to voluntary mediation as defined
herein.
B.
The commencement of any such mediation proceeding shall be at the discretion of the authorized municipal board or body having jurisdiction in the dispute or potential dispute. Additionally, said municipal board or body is further empowered to supply findings of fact, either in person or in writing, as may be requested by a mediator pursuant to § 97-6 of this chapter.
C.
The authorized municipal board or body may initiate
mediation at any point in the fulfillment of its planning, zoning
or land use review responsibilities; provided, further, that such
mediation proceeding and outcome shall complement, but not replace,
otherwise applicable practices, procedures or enforcements, whether
required by state law, local law or ordinance.
Any voluntary mediation undertaken pursuant
to the provisions of this chapter shall be conducted in accordance
with accepted mediation practices, including but not limited to those
developed for use by the New York State Unified Court System Community
Dispute Center Program.
A.
In the event that voluntary mediation is commenced
pursuant to this chapter, the authorized municipal board or body having
jurisdiction may, at its discretion, refer the matter in dispute or
potential dispute to a mediator as provided herein. Any such referral
shall be accompanied by a finding of fact from said authorized board
or body which identifies the known issues and parties of interest
in the matter.
B.
Participation by the parties of interest in a mediation
proceeding commenced pursuant to this chapter shall be at their own
discretion.
C.
The suspension of relevant time limits for municipal
review as may be required by applicable planning, zoning and land
use provisions of the Town of Rochester shall be at the discretion
of and on such terms as the authorized municipal board or body and
the parties of interest mutually agree. Such suspension shall not
exceed 120 days from the date the matter is referred for mediation
by the authorized municipal board or body having jurisdiction.
D.
The mediator shall report the results of mediation
efforts undertaken pursuant to the provisions of this chapter within
five business days after the proceeding has been concluded. Such report
shall include, but not be limited to, the following:
(1)
The names of the mediation participants, including
any landowner or other person seeking land use approval, and any other
persons or groups included in mediation sessions.
(2)
A written copy of any agreements reached during the
course of mediation, including identification of actions required
to implement the agreements.
(3)
An accounting of issues which would be resolved by
the agreement and any issues remaining unresolved, including the identification
of mediation participants associated with the respected issues.
E.
Before any mediated agreement can be executed, such
agreement shall be prepared in writing and signed by the parties of
interest and the mediator.
For the purposes of complying with § 108
of the New York State Public Officers Law, the proceedings of voluntary
mediation commenced pursuant to this chapter shall remain confidential.
All costs associated with voluntary mediation
conducted pursuant to the provisions of this chapter shall be allocated
among the parties of interest in a manner to be determined by the
mutual agreement of such parties. The Town Board may, at its discretion,
enter into an agreement for sharing the costs of such mediation.
A.
Any mediation proceeding or outcome initiated pursuant
to the provisions of this chapter shall complement, but not replace,
otherwise applicable practices, procedures or enforcements, whether
required by state law, local law or ordinance.
B.
The outcome of a mediation proceeding undertaken pursuant
to this chapter shall not be deemed to bind or otherwise limit the
discretion of the authorized municipal board or body having jurisdiction
in the matter being mediated.
C.
An agreement that requires additional action by the authorized municipal board or body shall not be deemed to be self-executing. If any such additional action by the authorized municipal board or body is required, the landowner or his or her agent shall be responsible for initiating a request for such action and supplying any information required by said municipal board or body to undertake the action; provided, further, that the action undertaken by such municipal board or body shall not be bound or limited by the mediation agreement as provided in Subsection B of this section.
D.
Notwithstanding any restriction that would otherwise
prevent reconsideration of an action of the authorized municipal board
or body having jurisdiction, such municipal board or body may reconsider
its decision on a land use matter in accordance with a mediation agreement
developed pursuant to this chapter, provided that such reconsideration
does not violate any substantive review process or requirement.
This chapter is hereby adopted pursuant to the
provisions of § 10 of the New York State Municipal Home
Rule Law and § 10 of the New York State Statute of Local
Governments. It is the intent of the Town Board to supersede and amend
any inconsistent provision of any other laws, ordinances, rules or
regulations heretofore adopted by the Town of Rochester. Pursuant
to § 10 of the New York State Municipal Home Rule Law, it
is also the intent of the Town Board of the Town of Rochester to supersede
the provisions of Article 16 of the Town Law.
If any provisions of this chapter are held to
be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of the chapter shall remain
in effect.
This chapter shall take effect upon filing with
the Secretary of State.
