Bill Text: NY A06776 | 2019-2020 | General Assembly | Introduced
Bill Title: Expands the minimum population of a territory required to incorporate it as a village from 500 to 2,000 and expands the number of persons in a territory that can vote on such incorporation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A06776 Detail]
Download: New_York-2019-A06776-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6776 2019-2020 Regular Sessions IN ASSEMBLY March 20, 2019 ___________ Introduced by M. of A. SCHMITT -- read once and referred to the Commit- tee on Local Governments AN ACT to amend the village law, in relation to village incorporation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 2-200 of 2 the village law is amended to read as follows: 3 A territory containing a population of at least [five hundred] two 4 thousand persons who are regular inhabitants thereof, as hereinafter 5 defined, may be incorporated as a village under this chapter provided 6 such territory does not include a part of a city or village and further 7 provided the limits of such territory: 8 § 2. Paragraph a of subdivision 1 of section 2-202 of the village law 9 is amended to read as follows: 10 a. Petitioners. [Either one or both of the following two groups of11persons may petition for such incorporation:12(1)] At least [twenty] fifty-one per cent of the residents of such 13 territory qualified to vote for town officers in a town in which all or 14 part of such territory is located. 15 [(2) The owners of more than fifty percent in assessed valuation of16the real property in such territory assessed upon the last completed17assessment roll of the town in which such territory is located. However,18if such territory is located in more than one town it shall be required19in computing such percentage to equalize the assessed valuations for20each town; furthermore, in such case, the petition must be signed by the21owners of more than fifty percent in full valuation of the real property22in each part of each town in such territory and computed separately for23each such part, and assessed upon the last completed assessment rolls of24the towns in which any part of such territory is located. Full valuation25shall be determined by applying the appropriate equalization rate to26such assessed valuations. If real property in such territory is owned byEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10700-02-9A. 6776 2 1tenants in common, joint tenants or tenants by the entirety, each such2tenant, as a signer of such petition shall, for the purpose of ascer-3taining the percentage of the assessed valuation upon which the petition4is based, be considered as the owner of an interest in such real proper-5ty equal to the result reached by dividing the assessed valuation by the6number of owners thereof and shall be credited to that extent with part7of the total assessed valuation thereof. In the event such real property8is part of a parcel of land partially situated within such territory,9the town assessor or assessors shall, for the purposes of this section10make an apportionment of the assessed value of such part as is in such11territory. In such a case, only the apportioned value attributed to such12part shall be considered.] 13 § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as 14 amended by chapter 167 of the laws of 1985 and paragraph e as amended by 15 chapter 561 of the laws of 1975, is amended to read as follows: 16 1. The supervisor, or supervisors if a joint hearing, with whom the 17 petition or copies thereof, were filed, shall meet at the time and place 18 specified in such notice and shall hear objections which may be 19 presented as to the legal sufficiency of the petition for incorporation 20 based upon any of the following grounds: 21 a. That a person signing such petition was not qualified therefor; 22 b. If it is alleged that the petition is submitted on the basis that 23 the persons signing such petition constitute [twenty] fifty-one per cent 24 of the residents in such territory qualified to vote for officers of a 25 town in which all or part of such territory is located, that such alle- 26 gation is false; 27 c. [If it is alleged that the petition is submitted on the basis that28the persons signing such petition are the owners of more than fifty29percent in assessed valuation of the real property in such territory or30in full valuation of the real property in each part of each town in such31territory and computed separately for each such part, as the case may32be, assessed upon the last completed assessment roll or rolls of the33town or towns in which all or part of such territory is located, that34such allegation is false;35d.] That such territory is part of a city or village; 36 [e.] d. That if such territory is less than an entire town, it 37 contains more than five square miles and the limits of such territory 38 are not coterminous with the entire boundaries of one school, fire, fire 39 protection, fire alarm, town special or town improvement district and 40 the limits of such territory are not coterminous with parts of the boun- 41 daries of more than one school, fire, fire protection, fire alarm, town 42 special or town improvement district, all of which are wholly contained 43 within such limits and within one town; 44 [f.] e. That such territory does not contain a population of at least 45 [five hundred] two thousand regular inhabitants; 46 [g.] f. That the petition in any other specified respect does not 47 conform to the requirements of this article. 48 § 4. Section 2-216 of the village law is amended to read as follows: 49 § 2-216 Qualification of voters. [Each resident in such territory50qualified to vote for town officers may vote at such election] Residents 51 of any town or towns in which the territory seeking approval to incorpo- 52 rate as a village is located, and who is qualified to vote for town 53 officers, shall be eligible to vote at such election. 54 § 5. This act shall take effect on the one hundred twentieth day after 55 it shall have become a law.