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:
AUTHORIZED MUNICIPAL BOARD OR BODY
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.
MEDIATOR
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.
PARTY OF INTEREST
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.
VOLUNTARY MEDIATION
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.
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.
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.
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.