Bill Text: NY A02553 | 2021-2022 | General Assembly | Amended

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Bill Title: Revises the process of incorporating a village such as the contents of a petition and the filing process.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A02553 Detail]

Download: New_York-2021-A02553-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2553--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced by M. of A. THIELE, JACOBSON -- read once and referred to the
          Committee on Local Governments -- reported and referred to the Commit-
          tee  on  Ways and Means -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred to the Committee on Rules -- Rules Committee discharged, bill
          amended, ordered reprinted as amended and recommitted to the Committee
          on Rules

        AN ACT to amend the village law, in relation  to  the  incorporation  of
          villages; and to repeal section 2-212 of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2-200 of the village law, subdivision 2 as  amended
     2  by chapter 932 of the laws of 1974, is amended to read as follows:
     3    §  2-200 Population and area requirements. 1. A territory containing a
     4  population of at least [five] ten thousand in a suburban  town  pursuant
     5  to  article  three-A  of  the town law with a population of seventy-five
     6  thousand or more or twenty-five hundred persons [who are regular  inhab-
     7  itants  thereof,  as  hereinafter  defined,]  for all other towns may be
     8  incorporated as a village under this  chapter  provided  such  territory
     9  does  not  include  a part of a city or village and further provided the
    10  limits of such territory:
    11    a. do not contain more than five square miles; or
    12    b. are coterminous with the entire boundaries of a school, fire,  fire
    13  protection, fire alarm, town special or town improvement district; or
    14    c.  are  coterminous  with  parts  of  the boundaries of more than one
    15  school, fire, fire protection, fire alarm, town special or town improve-
    16  ment district, all of which are wholly contained within such limits  and
    17  within one town; or
    18    d. are coterminous with the entire boundaries of a town.
    19    2. The [words "regular inhabitants" as used herein and for the purpose
    20  of  this  article  shall  include  all persons residing in the territory

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05824-08-1
        A. 2553--B                          2

     1  proposed to be incorporated except such persons who themselves,  or  who
     2  are  persons  under the age of eighteen years residing with persons who,
     3  maintain a residence outside such  territory  which  is  used  as  their
     4  address  for  purposes  of  voting]  population  of a territory shall be
     5  determined on the basis of the most recent decennial federal census.
     6    § 2. Section 2-202 of the village law, subparagraph 2 of  paragraph  f
     7  of  subdivision  1  as  amended  by  chapter 181 of the laws of 2004, is
     8  amended to read as follows:
     9    § 2-202 Petition for incorporation. 1. A proceeding for  the  incorpo-
    10  ration  of  such  territory as a village shall commence with a petition.
    11  The requirements for such petition are as follows:
    12    a. Petitioners. [Either one or both of the  following  two  groups  of
    13  persons may petition for such incorporation:
    14    (1)]  At  least  twenty  [per  cent]  percent of the residents of such
    15  territory qualified to vote for town officers in a town in which all  or
    16  part of such territory is located shall sign such petition.
    17    [(2)  The  owners  of more than fifty percent in assessed valuation of
    18  the real property in such territory assessed  upon  the  last  completed
    19  assessment roll of the town in which such territory is located. However,
    20  if  such territory is located in more than one town it shall be required
    21  in computing such percentage to equalize  the  assessed  valuations  for
    22  each town; furthermore, in such case, the petition must be signed by the
    23  owners of more than fifty percent in full valuation of the real property
    24  in  each part of each town in such territory and computed separately for
    25  each such part, and assessed upon the last completed assessment rolls of
    26  the towns in which any part of such territory is located. Full valuation
    27  shall be determined by applying the  appropriate  equalization  rate  to
    28  such assessed valuations. If real property in such territory is owned by
    29  tenants  in  common, joint tenants or tenants by the entirety, each such
    30  tenant, as a signer of such petition shall, for the  purpose  of  ascer-
    31  taining the percentage of the assessed valuation upon which the petition
    32  is based, be considered as the owner of an interest in such real proper-
    33  ty equal to the result reached by dividing the assessed valuation by the
    34  number  of owners thereof and shall be credited to that extent with part
    35  of the total assessed valuation thereof. In the event such real property
    36  is part of a parcel of land partially situated  within  such  territory,
    37  the  town  assessor or assessors shall, for the purposes of this section
    38  make an apportionment of the assessed value of such part as is  in  such
    39  territory. In such a case, only the apportioned value attributed to such
    40  part shall be considered.]
    41    b.  Contents  of  petition.  The  petition shall contain the following
    42  information:
    43    (1) An allegation [of the basis on which the petition is signed]  that
    44  at  least  twenty  percent  of  the residents qualified to vote for town
    45  officers have signed such petition.
    46    (2) The name of the proposed village.
    47    (3) An allegation that such territory  contains  a  population  of  at
    48  least [five] ten thousand in a suburban town pursuant to article three-A
    49  of  the  town  law with a population of seventy-five thousand or more or
    50  twenty-five hundred [regular inhabitants] persons for  all  other  towns
    51  according to the most recent decennial census.
    52    (4) The manner in which the area requirements of section 2-200 of this
    53  article are satisfied.
    54    (5)  A  designation  of  at  least one but no more than three persons,
    55  giving full names and addresses, on whom  and  at  which  addresses  all
    56  papers  required  to  be  served  in  connection with the proceeding for
        A. 2553--B                          3

     1  incorporation, shall be served. A majority of such designees must reside
     2  in such territory.
     3    (6)  Each  page  of  the  petition and all exhibits and certifications
     4  shall be securely fastened together.
     5    c. Exhibits and certifications. Each copy of the petition  shall  have
     6  attached thereto prior to the signature pages:
     7    (1)  A  description  of  such  territory  sufficient  to  identify the
     8  location and extent of such territory with common  certainty  and  which
     9  shall  be  in one of the following forms or a combination thereof: (a) a
    10  metes and bounds description; (b) a description made with  reference  to
    11  existing streets and navigable waters or a combination of same; or (c) a
    12  map  showing  existing  streets and navigable waters or a combination of
    13  same forming boundaries or metes and bounds or the entire boundaries  of
    14  one or more districts of an entire town.
    15    (2)  A  [list  of  the names and address of the regular inhabitants of
    16  such territory] copy of a financial  impact  statement.  Such  financial
    17  impact  statement  shall include the following: (a) a proposed operating
    18  budget for the territory to be  incorporated;  (b)  a  proposed  capital
    19  budget  for  the  territory to be incorporated; (c) a description of the
    20  services that would be provided by the proposed  village  and  how  such
    21  services would be delivered; (d) the estimated property tax impact for a
    22  five  year  period on the territory to be incorporated and the remaining
    23  area of the town or towns; and (e) an executive summary of  such  finan-
    24  cial  impact statement, including the estimated real property tax impact
    25  on the territory to be incorporated and the remaining area of  the  town
    26  or towns.
    27    d. [If the petition is alleged to be signed by the owners of more than
    28  fifty per cent in assessed or full valuation, as the case may be, of the
    29  real property in such territory, there shall be attached to the petition
    30  following  the  signatures of the petitioners an affidavit or affidavits
    31  certifying as follows:
    32    (1) If such territory is located entirely in one town, a certification
    33  by an assessor thereof certifying to the  total  assessed  valuation  of
    34  such territory and the correct total amount thereof owned by the signers
    35  of the petition, or
    36    (2)  If  such  territory  is  located  in more than one town, separate
    37  certifications by an assessor of each town certifying to the total  full
    38  valuation of that portion of such territory located in such town and the
    39  correct total amount of full valuation of real property in such territo-
    40  ry  and  town  owned  by  the  signers  of the petition, as specified in
    41  subparagraph two of paragraph a of subdivision one of this section.
    42    e.] Execution of petition. (1) The signatures to a petition  shall  be
    43  subscribed on a separate page or pages following the exhibits.
    44    (2)  Prefatory  statement.  Each signature page shall be prefaced by a
    45  statement [of the basis on which the petition is signed and of the] that
    46  the petitioners are residents of the territory to be incorporated quali-
    47  fied to vote for town officers in such territory and that the  petition-
    48  ers'  [familiarity] are familiar with the contents and purpose [thereof]
    49  of such petition and the boundaries of the territory sought to be incor-
    50  porated.
    51    (3) Additional information. Following each signature  there  shall  be
    52  set  forth, not necessarily by the signer, the signer's address consist-
    53  ing of street name and number, if any, and town[; and, if  the  petition
    54  is  based  on  the  ownership of more than fifty per cent in assessed or
    55  full valuation, as the case may be, of the real property located in such
    56  territory, the amount of assessed valuation of real  property  owned  by
        A. 2553--B                          4

     1  the  signer  as  credited  to him in accordance with subparagraph two of
     2  paragraph a of subdivision one of this section].
     3    (4)  Authentication.  There  shall  be set forth at the bottom of each
     4  page of signatures an authenticating affidavit of a witness to the sign-
     5  ing thereof which shall be in substantially the following form:

     6  STATE OF NEW YORK
     7  COUNTY OF            ss.:

     8  ...................................................... being duly sworn,
     9  (name of witness)
    10  says:
    11  I reside at ..................................................... in the
    12                         (street name and number)
    13  ................................ of ....................................
    14  (town, city or village)                           (name of municipality)
    15  .............................................. in the State of New York:
    16  I know each of the persons whose names are subscribed to the above sheet
    17  having .................................... signatures; and each of them
    18                (number)
    19  subscribed the same in my presence.

    20                                       ...................................
    21                                            (signature of witness)

    22  Sworn to before me
    23  This .................. day of ..................,  ....................
    24               (day)                  (month)               (year)

    25   ...............................
    26     (official title of officer)

    27    [f] e. Filing and deposit. (1) Filing. The original petition shall  be
    28  filed with a supervisor of the town in which all or the greatest part of
    29  such  territory  is  located.  Duplicate originals, photocopies or other
    30  similar reproductions of the original petition shall  be  filed  with  a
    31  supervisor  of each other town in which any portion of such territory is
    32  located.
    33    (2) Deposit. At the time of filing of  the  petition  there  shall  be
    34  deposited  with  each supervisor with whom the original or a copy of the
    35  original is filed, the sum of six thousand dollars to pay  the  cost  of
    36  posting,  publishing and serving required notices, stenographic services
    37  and services of inspectors of election in the event incorporation is not
    38  effected.
    39    § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
    40  amended by chapter 167 of the laws of 1985 and paragraph e as amended by
    41  chapter 561 of the laws of 1975, is amended to read as follows:
    42    1. The supervisor, or supervisors if a joint hearing,  with  whom  the
    43  petition or copies thereof, were filed, shall meet at the time and place
    44  specified  in  such  notice  and  shall  hear  objections  which  may be
    45  presented as to the legal sufficiency of the petition for  incorporation
    46  based upon any of the following grounds:
    47    a. That a person signing such petition was not qualified therefor;
    48    b.  [If it is alleged that the petition is submitted on the basis that
    49  the persons signing such petition constitute  twenty  per  cent  of  the
    50  residents  in such territory qualified to vote for officers of a town in
        A. 2553--B                          5

     1  which all or part of such territory is located, that such allegation  is
     2  false;
     3    c.  If  it is alleged that the petition is submitted on the basis that
     4  the persons signing such petition are the  owners  of  more  than  fifty
     5  percent  in assessed valuation of the real property in such territory or
     6  in full valuation of the real property in each part of each town in such
     7  territory and computed separately for each such part, as  the  case  may
     8  be,  assessed  upon  the  last completed assessment roll or rolls of the
     9  town or towns in which all or part of such territory  is  located,  that
    10  such  allegation is false] That the allegation that the petition consti-
    11  tutes twenty percent of the residents of the territory qualified to vote
    12  for officers of a town in which all or part of such territory is located
    13  is false;
    14    [d] c. That such territory is part of a city or village;
    15    [e] d. That if such territory is less than an entire town, it contains
    16  more than five square miles and the limits of  such  territory  are  not
    17  coterminous  with  the  entire  boundaries  of  one  school,  fire, fire
    18  protection, fire alarm, town special or town  improvement  district  and
    19  the limits of such territory are not coterminous with parts of the boun-
    20  daries  of more than one school, fire, fire protection, fire alarm, town
    21  special or town improvement district, all of which are wholly  contained
    22  within such limits and within one town;
    23    [f]  e.  That such territory does not contain a population of at least
    24  [five] ten thousand in a suburban town pursuant to  article  three-A  of
    25  the town law with a population of seventy-five thousand or more or twen-
    26  ty-five hundred [regular inhabitants] persons for all other towns;
    27    [g]  f.  That  the  petition  in  any other specified respect does not
    28  conform to the requirements of this article.
    29    § 4. Subdivisions 1 and 4 of section 2-210  of  the  village  law  are
    30  amended to read as follows:
    31    1.  The  decision  of  the  supervisor  or supervisors as to the legal
    32  sufficiency of the petition pursuant to section 2-208  of  this  article
    33  shall  be  subject  to judicial review in the manner provided in article
    34  seventy-eight of the civil practice law and rules. Such  proceeding  may
    35  be brought on the ground or grounds that said decision is illegal, based
    36  on  insufficient evidence, or contrary to the weight of evidence. If the
    37  court determines that additional testimony or evidence is necessary  for
    38  the proper disposition of the matter it may take such evidence or testi-
    39  mony  or  appoint a referee to take such evidence or testimony as it may
    40  direct and report the same to the court with his or her findings of fact
    41  and conclusions of law which shall constitute a part of  the  proceeding
    42  upon  which  the determination of the court shall be made. The court may
    43  reverse or affirm on the basis of law and  fact  as  determined  by  the
    44  court.
    45    4. In addition to the requirements of said article seventy-eight:
    46    a.  Notice  of  such  a proceeding shall be given to the town clerk of
    47  each town in which any part of such territory is located. [He] The  town
    48  clerk shall cause same to be filed in [his] the clerk's office.
    49    b.  If  the  proceeding  be  brought to review [a] an adverse decision
    50  [adverse to the petition], copies of all papers in connection  therewith
    51  shall  be  served on all persons designated by objectors to the petition
    52  pursuant to section 2-204 of this article and on all other objectors who
    53  have made no such designations and whose objections  were  submitted  in
    54  writing   and  signed.  Service  shall  be  sufficient  if  made  either
    55  personally or by certified mail with a return receipt.
        A. 2553--B                          6

     1    c. If the proceeding be brought to review a  decision  sustaining  the
     2  petition,  copies  of all papers in connection therewith shall be served
     3  on all persons designated in the petition to receive same.
     4    d.  All persons served pursuant to paragraphs b and c of this subdivi-
     5  sion shall be parties to such proceeding  under  said  article  seventy-
     6  eight.
     7    e.  All  issues in any proceeding hereunder shall have preference over
     8  all other civil actions and proceedings.
     9    § 5. The village law is amended by adding a new section 2-211 to  read
    10  as follows:
    11    §  2-211 Review of the state comptroller. 1. Within ten days after the
    12  first occurring of either the expiration of thirty days from the  filing
    13  of  the  original decision sustaining the legal sufficiency of the peti-
    14  tion and no proceeding having been instituted to  review  same,  or  the
    15  filing  of a final order sustaining the petition after such a proceeding
    16  to review, each supervisor with whom same were filed shall file  a  copy
    17  of  the  petition  with  the office of the state department of audit and
    18  control located in Albany.
    19    2. The state comptroller shall review the financial impact  statement,
    20  including  the  proposed  operating budget, the proposed capital budget,
    21  the description of the services that would be provided by  the  proposed
    22  village  and  how  such  services  would be delivered, and the estimated
    23  property tax impact for a five-year period on the territory to be incor-
    24  porated and the remaining area of the town or towns.   The  state  comp-
    25  troller shall make such review upon the original financial impact state-
    26  ment  as  filed  by  the  supervisor  or  supervisors,  and  may request
    27  additional information or data in such form and  detail  as  he  or  she
    28  deems sufficient to aid in reviewing such financial impact statement.
    29    3.  The  state  comptroller  shall  issue  a letter to each supervisor
    30  reviewing the financial impact statement for the proposed village incor-
    31  poration.
    32    4. In reviewing the financial impact statement, the state  comptroller
    33  shall review whether:
    34    a. the significant revenue and expenditure projections in the proposed
    35  operating  budget  are reasonable in light of the services that would be
    36  provided;
    37    b.   the proposed capital budget  clearly  identifies  future  capital
    38  needs  and  provides  reasonable  estimates  of each project's budgetary
    39  impact, including debt service costs, impact on  capital  reserve  funds
    40  and fund balance, and future operating expenditures; and
    41    c.  the  estimated  property  tax impact for a five-year period on the
    42  territory to be incorporated and the remaining area of the town or towns
    43  is reasonable in light of the proposed operating and capital budgets.
    44    5. Said letter shall be delivered to each supervisor within sixty days
    45  of submission to the state comptroller. Each  supervisor  shall  file  a
    46  copy  of  the letter of the state comptroller with the town clerk within
    47  five days  of  receipt.  Said  letter  shall  be  available  for  public
    48  inspection. A copy of said letter shall also be mailed to the incorpora-
    49  tors designated pursuant to subparagraph four of paragraph b of subdivi-
    50  sion one of section 2-202 of this article and all objectors to the peti-
    51  tion,  pursuant to section 2-204 of this article, by regular mail within
    52  five days of receipt.
    53    § 6. Section 2-212 of the village law is REPEALED and  a  new  section
    54  2-212 is added to read as follows:
        A. 2553--B                          7

     1    § 2-212 Right to election. 1. An election to determine the question of
     2  incorporation shall be held no later than forty days after the filing of
     3  the letter of the state comptroller with the town clerk.
     4    2.  The provisions of the election law not inconsistent herewith shall
     5  apply to such election so far as the same are practicable.
     6    § 7. Subdivision 5 of section 2-220 of the village law  is  renumbered
     7  subdivision 6 and a new subdivision 5 is added to read as follows:
     8    5.  Absentee  ballots  shall be provided for such election in the same
     9  manner as a special town election pursuant to section  eighty-four-a  of
    10  the  town  law, provided that the applicant for an absentee ballot shall
    11  be a resident of such territory qualified to vote for town officers.
    12    § 8. Subdivision d of section 2-232 of the village law is  amended  to
    13  read as follows:
    14    d.  A  statement  of the population of the territory as it appears [by
    15  the exhibit attached to] in the contents of the  petition  for  incorpo-
    16  ration.
    17    §  9.  Applicability.  This  act shall apply to any proceeding for the
    18  incorporation of a village where the  right  to  election  has  not  yet
    19  accrued pursuant to the former section 2-212 of the village law.
    20    §  10.  Severability. If any provision of this act, or any application
    21  of any provision of this act, is held to  be  invalid,  that  shall  not
    22  affect the validity or effectiveness of any other provision of this act,
    23  or  of  any other application of any provision of this act, which can be
    24  given effect without that provision or application; and to that end, the
    25  provisions and applications of this act are severable.
    26    § 11. This act shall take effect immediately.