Bill Text: NY A05669 | 2023-2024 | General Assembly | Introduced
Bill Title: Revises the process of incorporating a village such as the contents of a petition and the filing process.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to local governments [A05669 Detail]
Download: New_York-2023-A05669-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5669 2023-2024 Regular Sessions IN ASSEMBLY March 20, 2023 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments 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] twenty-five hundred persons [who are regu-5lar inhabitants thereof, as hereinafter defined,] may be incorporated as 6 a village under this chapter provided such territory does not include a 7 part of a city or village and further provided the limits of such terri- 8 tory: 9 a. do not contain more than five square miles; or 10 b. are coterminous with the entire boundaries of a school, fire, fire 11 protection, fire alarm, town special or town improvement district; or 12 c. are coterminous with parts of the boundaries of more than one 13 school, fire, fire protection, fire alarm, town special or town improve- 14 ment district, all of which are wholly contained within such limits and 15 within one town; or 16 d. are coterminous with the entire boundaries of a town. 17 2. The [words "regular inhabitants" as used herein and for the purpose18of this article shall include all persons residing in the territory19proposed to be incorporated except such persons who themselves, or who20are persons under the age of eighteen years residing with persons who,21maintain a residence outside such territory which is used as their22address for purposes of voting] population of a territory shall be 23 determined on the basis of the most recent decennial federal census. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04555-02-3A. 5669 2 1 § 2. Section 2-202 of the village law, subparagraph 2 of paragraph f 2 of subdivision 1 as amended by chapter 181 of the laws of 2004, is 3 amended to read as follows: 4 § 2-202 Petition for incorporation. 1. A proceeding for the incorpo- 5 ration of such territory as a village shall commence with a petition. 6 The requirements for such petition are as follows: 7 a. Petitioners. [Either one or both of the following two groups of8persons may petition for such incorporation:9(1)] At least twenty [per cent] percent of the residents of such 10 territory qualified to vote for town officers in a town in which all or 11 part of such territory is located shall sign such petition. 12 [(2) The owners of more than fifty percent in assessed valuation of13the real property in such territory assessed upon the last completed14assessment roll of the town in which such territory is located. However,15if such territory is located in more than one town it shall be required16in computing such percentage to equalize the assessed valuations for17each town; furthermore, in such case, the petition must be signed by the18owners of more than fifty percent in full valuation of the real property19in each part of each town in such territory and computed separately for20each such part, and assessed upon the last completed assessment rolls of21the towns in which any part of such territory is located. Full valuation22shall be determined by applying the appropriate equalization rate to23such assessed valuations. If real property in such territory is owned by24tenants in common, joint tenants or tenants by the entirety, each such25tenant, as a signer of such petition shall, for the purpose of ascer-26taining the percentage of the assessed valuation upon which the petition27is based, be considered as the owner of an interest in such real proper-28ty equal to the result reached by dividing the assessed valuation by the29number of owners thereof and shall be credited to that extent with part30of the total assessed valuation thereof. In the event such real property31is part of a parcel of land partially situated within such territory,32the town assessor or assessors shall, for the purposes of this section33make an apportionment of the assessed value of such part as is in such34territory. In such a case, only the apportioned value attributed to such35part shall be considered.] 36 b. Contents of petition. The petition shall contain the following 37 information: 38 (1) An allegation [of the basis on which the petition is signed] that 39 at least twenty percent of the residents qualified to vote for town 40 officers have signed such petition. 41 (2) The name of the proposed village. 42 (3) An allegation that such territory contains a population of at 43 least [five] twenty-five hundred [regular inhabitants] persons according 44 to the most recent decennial census. 45 (4) The manner in which the area requirements of section 2-200 of this 46 article are satisfied. 47 (5) A designation of at least one but no more than three persons, 48 giving full names and addresses, on whom and at which addresses all 49 papers required to be served in connection with the proceeding for 50 incorporation, shall be served. A majority of such designees must reside 51 in such territory. 52 (6) Each page of the petition and all exhibits and certifications 53 shall be securely fastened together. 54 c. Exhibits and certifications. Each copy of the petition shall have 55 attached thereto prior to the signature pages:A. 5669 3 1 (1) A description of such territory sufficient to identify the 2 location and extent of such territory with common certainty and which 3 shall be in one of the following forms or a combination thereof: (a) a 4 metes and bounds description; (b) a description made with reference to 5 existing streets and navigable waters or a combination of same; or (c) a 6 map showing existing streets and navigable waters or a combination of 7 same forming boundaries or metes and bounds or the entire boundaries of 8 one or more districts of an entire town. 9 (2) A [list of the names and address of the regular inhabitants of10such territory] copy of a financial impact statement. Such financial 11 impact statement shall include the following: (a) a proposed operating 12 budget for the territory to be incorporated; (b) a proposed capital 13 budget for the territory to be incorporated; (c) a description of the 14 services that would be provided by the proposed village and how such 15 services would be delivered; (d) the estimated property tax impact for a 16 five year period on the territory to be incorporated and the remaining 17 area of the town or towns; and (e) an executive summary of such finan- 18 cial impact statement, including the estimated real property tax impact 19 on the territory to be incorporated and the remaining area of the town 20 or towns. 21 d. [If the petition is alleged to be signed by the owners of more than22fifty per cent in assessed or full valuation, as the case may be, of the23real property in such territory, there shall be attached to the petition24following the signatures of the petitioners an affidavit or affidavits25certifying as follows:26(1) If such territory is located entirely in one town, a certification27by an assessor thereof certifying to the total assessed valuation of28such territory and the correct total amount thereof owned by the signers29of the petition, or30(2) If such territory is located in more than one town, separate31certifications by an assessor of each town certifying to the total full32valuation of that portion of such territory located in such town and the33correct total amount of full valuation of real property in such territo-34ry and town owned by the signers of the petition, as specified in35subparagraph two of paragraph a of subdivision one of this section.36e.] Execution of petition. (1) The signatures to a petition shall be 37 subscribed on a separate page or pages following the exhibits. 38 (2) Prefatory statement. Each signature page shall be prefaced by a 39 statement [of the basis on which the petition is signed and of the] that 40 the petitioners are residents of the territory to be incorporated quali- 41 fied to vote for town officers in such territory and that the petition- 42 ers' [familiarity] are familiar with the contents and purpose [thereof] 43 of such petition and the boundaries of the territory sought to be incor- 44 porated. 45 (3) Additional information. Following each signature there shall be 46 set forth, not necessarily by the signer, the signer's address consist- 47 ing of street name and number, if any, and town[; and, if the petition48is based on the ownership of more than fifty per cent in assessed or49full valuation, as the case may be, of the real property located in such50territory, the amount of assessed valuation of real property owned by51the signer as credited to him in accordance with subparagraph two of52paragraph a of subdivision one of this section]. 53 (4) Authentication. There shall be set forth at the bottom of each 54 page of signatures an authenticating affidavit of a witness to the sign- 55 ing thereof which shall be in substantially the following form:A. 5669 4 1 STATE OF NEW YORK 2 COUNTY OF ss.: 3 ...................................................... being duly sworn, 4 (name of witness) 5 says: 6 I reside at ..................................................... in the 7 (street name and number) 8 ................................ of .................................... 9 (town, city or village) (name of municipality) 10 .............................................. in the State of New York: 11 I know each of the persons whose names are subscribed to the above sheet 12 having .................................... signatures; and each of them 13 (number) 14 subscribed the same in my presence. 15 ................................... 16 (signature of witness) 17 Sworn to before me 18 This .................. day of .................., .................... 19 (day) (month) (year) 20 ............................... 21 (official title of officer) 22 [f] e. Filing and deposit. (1) Filing. The original petition shall be 23 filed with a supervisor of the town in which all or the greatest part of 24 such territory is located. Duplicate originals, photocopies or other 25 similar reproductions of the original petition shall be filed with a 26 supervisor of each other town in which any portion of such territory is 27 located. 28 (2) Deposit. At the time of filing of the petition there shall be 29 deposited with each supervisor with whom the original or a copy of the 30 original is filed, the sum of six thousand dollars to pay the cost of 31 posting, publishing and serving required notices, stenographic services 32 and services of inspectors of election in the event incorporation is not 33 effected. 34 § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as 35 amended by chapter 167 of the laws of 1985 and paragraph e as amended by 36 chapter 561 of the laws of 1975, is amended to read as follows: 37 1. The supervisor, or supervisors if a joint hearing, with whom the 38 petition or copies thereof, were filed, shall meet at the time and place 39 specified in such notice and shall hear objections which may be 40 presented as to the legal sufficiency of the petition for incorporation 41 based upon any of the following grounds: 42 a. That a person signing such petition was not qualified therefor; 43 b. [If it is alleged that the petition is submitted on the basis that44the persons signing such petition constitute twenty per cent of the45residents in such territory qualified to vote for officers of a town in46which all or part of such territory is located, that such allegation is47false;48c. If it is alleged that the petition is submitted on the basis that49the persons signing such petition are the owners of more than fifty50percent in assessed valuation of the real property in such territory or51in full valuation of the real property in each part of each town in suchA. 5669 5 1territory and computed separately for each such part, as the case may2be, assessed upon the last completed assessment roll or rolls of the3town or towns in which all or part of such territory is located, that4such allegation is false] That the allegation that the petition consti- 5 tutes twenty percent of the residents of the territory qualified to vote 6 for officers of a town in which all or part of such territory is located 7 is false; 8 [d] c. That such territory is part of a city or village; 9 [e] d. That if such territory is less than an entire town, it contains 10 more than five square miles and the limits of such territory are not 11 coterminous with the entire boundaries of one school, fire, fire 12 protection, fire alarm, town special or town improvement district and 13 the limits of such territory are not coterminous with parts of the boun- 14 daries of more than one school, fire, fire protection, fire alarm, town 15 special or town improvement district, all of which are wholly contained 16 within such limits and within one town; 17 [f] e. That such territory does not contain a population of at least 18 [five] twenty-five hundred [regular inhabitants] persons; 19 [g] f. That the petition in any other specified respect does not 20 conform to the requirements of this article. 21 § 4. Subdivisions 1 and 4 of section 2-210 of the village law are 22 amended to read as follows: 23 1. The decision of the supervisor or supervisors as to the legal 24 sufficiency of the petition pursuant to section 2-208 of this article 25 shall be subject to judicial review in the manner provided in article 26 seventy-eight of the civil practice law and rules. Such proceeding may 27 be brought on the ground or grounds that said decision is illegal, based 28 on insufficient evidence, or contrary to the weight of evidence. If the 29 court determines that additional testimony or evidence is necessary for 30 the proper disposition of the matter it may take such evidence or testi- 31 mony or appoint a referee to take such evidence or testimony as it may 32 direct and report the same to the court with his or her findings of fact 33 and conclusions of law which shall constitute a part of the proceeding 34 upon which the determination of the court shall be made. The court may 35 reverse or affirm on the basis of law and fact as determined by the 36 court. 37 4. In addition to the requirements of said article seventy-eight: 38 a. Notice of such a proceeding shall be given to the town clerk of 39 each town in which any part of such territory is located. [He] The town 40 clerk shall cause same to be filed in [his] the clerk's office. 41 b. If the proceeding be brought to review [a] an adverse decision 42 [adverse to the petition], copies of all papers in connection therewith 43 shall be served on all persons designated by objectors to the petition 44 pursuant to section 2-204 of this article and on all other objectors who 45 have made no such designations and whose objections were submitted in 46 writing and signed. Service shall be sufficient if made either 47 personally or by certified mail with a return receipt. 48 c. If the proceeding be brought to review a decision sustaining the 49 petition, copies of all papers in connection therewith shall be served 50 on all persons designated in the petition to receive same. 51 d. All persons served pursuant to paragraphs b and c of this subdivi- 52 sion shall be parties to such proceeding under said article seventy- 53 eight. 54 e. All issues in any proceeding hereunder shall have preference over 55 all other civil actions and proceedings.A. 5669 6 1 § 5. The village law is amended by adding a new section 2-211 to read 2 as follows: 3 § 2-211 Review of the state comptroller. 1. Within ten days after the 4 first occurring of either the expiration of thirty days from the filing 5 of the original decision sustaining the legal sufficiency of the peti- 6 tion and no proceeding having been instituted to review same, or the 7 filing of a final order sustaining the petition after such a proceeding 8 to review, each supervisor with whom same were filed shall file a copy 9 of the petition with the office of the state department of audit and 10 control located in Albany. 11 2. The state comptroller shall review the financial impact statement, 12 including the proposed operating budget, the proposed capital budget, 13 the description of the services that would be provided by the proposed 14 village and how such services would be delivered, and the estimated 15 property tax impact for a five-year period on the territory to be incor- 16 porated and the remaining area of the town or towns. The state comp- 17 troller shall make such review upon the original financial impact state- 18 ment as filed by the supervisor or supervisors, and may request 19 additional information or data in such form and detail as he or she 20 deems sufficient to aid in reviewing such financial impact statement. 21 3. The state comptroller shall issue a letter to each supervisor 22 reviewing the financial impact statement for the proposed village incor- 23 poration. 24 4. In reviewing the financial impact statement, the state comptroller 25 shall review whether: 26 a. the significant revenue and expenditure projections in the proposed 27 operating budget are reasonable in light of the services that would be 28 provided; 29 b. the proposed capital budget clearly identifies future capital 30 needs and provides reasonable estimates of each project's budgetary 31 impact, including debt service costs, impact on capital reserve funds 32 and fund balance, and future operating expenditures; and 33 c. the estimated property tax impact for a five-year period on the 34 territory to be incorporated and the remaining area of the town or towns 35 is reasonable in light of the proposed operating and capital budgets. 36 5. Said letter shall be delivered to each supervisor within sixty days 37 of submission to the state comptroller. Each supervisor shall file a 38 copy of the letter of the state comptroller with the town clerk within 39 five days of receipt. Said letter shall be available for public 40 inspection. A copy of said letter shall also be mailed to the incorpora- 41 tors designated pursuant to subparagraph four of paragraph b of subdivi- 42 sion one of section 2-202 of this article and all objectors to the peti- 43 tion, pursuant to section 2-204 of this article, by regular mail within 44 five days of receipt. 45 § 6. Section 2-212 of the village law is REPEALED and a new section 46 2-212 is added to read as follows: 47 § 2-212 Right to election. 1. An election to determine the question of 48 incorporation shall be held no later than forty days after the filing of 49 the letter of the state comptroller with the town clerk. 50 2. The provisions of the election law not inconsistent herewith shall 51 apply to such election so far as the same are practicable. 52 § 7. Subdivision 5 of section 2-220 of the village law is renumbered 53 subdivision 6 and a new subdivision 5 is added to read as follows: 54 5. Absentee ballots shall be provided for such election in the same 55 manner as a special town election pursuant to section eighty-four-a ofA. 5669 7 1 the town law, provided that the applicant for an absentee ballot shall 2 be a resident of such territory qualified to vote for town officers. 3 § 8. Subdivision d of section 2-232 of the village law is amended to 4 read as follows: 5 d. A statement of the population of the territory as it appears [by6the exhibit attached to] in the contents of the petition for incorpo- 7 ration. 8 § 9. Applicability. This act shall apply to any proceeding for the 9 incorporation of a village where the right to election has not yet 10 accrued pursuant to the former section 2-212 of the village law. 11 § 10. Severability. If any provision of this act, or any application 12 of any provision of this act, is held to be invalid, that shall not 13 affect the validity or effectiveness of any other provision of this act, 14 or of any other application of any provision of this act, which can be 15 given effect without that provision or application; and to that end, the 16 provisions and applications of this act are severable. 17 § 11. This act shall take effect immediately.