Bill Text: NY S01657 | 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 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LOCAL GOVERNMENT [S01657 Detail]

Download: New_York-2021-S01657-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1657--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        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
    21  proposed  to  be incorporated except such persons who themselves, or who
    22  are persons under the age of eighteen years residing with  persons  who,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05824-09-1
        S. 1657--B                          2

     1  maintain  a  residence  outside  such  territory  which is used as their
     2  address for purposes of voting]  population  of  a  territory  shall  be
     3  determined on the basis of the most recent decennial federal census.
     4    §  2.  Section 2-202 of the village law, subparagraph 2 of paragraph f
     5  of subdivision 1 as amended by chapter 181  of  the  laws  of  2004,  is
     6  amended to read as follows:
     7    §  2-202  Petition for incorporation. 1. A proceeding for the incorpo-
     8  ration of such territory as a village shall commence  with  a  petition.
     9  The requirements for such petition are as follows:
    10    a.  Petitioners.  [Either  one  or both of the following two groups of
    11  persons may petition for such incorporation:
    12    (1)] At least twenty [per cent]  percent  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 shall sign such petition.
    15    [(2) The owners of more than fifty percent in  assessed  valuation  of
    16  the  real  property  in  such territory assessed upon the last completed
    17  assessment roll of the town in which such territory is located. However,
    18  if such territory is located in more than one town it shall be  required
    19  in  computing  such  percentage  to equalize the assessed valuations for
    20  each town; furthermore, in such case, the petition must be signed by the
    21  owners of more than fifty percent in full valuation of the real property
    22  in each part of each town in such territory and computed separately  for
    23  each such part, and assessed upon the last completed assessment rolls of
    24  the towns in which any part of such territory is located. Full valuation
    25  shall  be  determined  by  applying the appropriate equalization rate to
    26  such assessed valuations. If real property in such territory is owned by
    27  tenants in common, joint tenants or tenants by the entirety,  each  such
    28  tenant,  as  a  signer of such petition shall, for the purpose of ascer-
    29  taining the percentage of the assessed valuation upon which the petition
    30  is based, be considered as the owner of an interest in such real proper-
    31  ty equal to the result reached by dividing the assessed valuation by the
    32  number of owners thereof and shall be credited to that extent with  part
    33  of the total assessed valuation thereof. In the event such real property
    34  is  part  of  a parcel of land partially situated within such territory,
    35  the town assessor or assessors shall, for the purposes of  this  section
    36  make  an  apportionment of the assessed value of such part as is in such
    37  territory. In such a case, only the apportioned value attributed to such
    38  part shall be considered.]
    39    b. Contents of petition. The  petition  shall  contain  the  following
    40  information:
    41    (1)  An allegation [of the basis on which the petition is signed] that
    42  at least twenty percent of the residents  qualified  to  vote  for  town
    43  officers have signed such petition.
    44    (2) The name of the proposed village.
    45    (3)  An  allegation  that  such  territory contains a population of at
    46  least [five] ten thousand in a suburban town pursuant to article three-A
    47  of the town law with a population of seventy-five thousand  or  more  or
    48  twenty-five  hundred  [regular  inhabitants] persons for all other towns
    49  according to the most recent decennial census.
    50    (4) The manner in which the area requirements of section 2-200 of this
    51  article are satisfied.
    52    (5) A designation of at least one but  no  more  than  three  persons,
    53  giving  full  names  and  addresses,  on whom and at which addresses all
    54  papers required to be served  in  connection  with  the  proceeding  for
    55  incorporation, shall be served. A majority of such designees must reside
    56  in such territory.
        S. 1657--B                          3

     1    (6)  Each  page  of  the  petition and all exhibits and certifications
     2  shall be securely fastened together.
     3    c.  Exhibits  and certifications. Each copy of the petition shall have
     4  attached thereto prior to the signature pages:
     5    (1) A  description  of  such  territory  sufficient  to  identify  the
     6  location  and  extent  of such territory with common certainty and which
     7  shall be in one of the following forms or a combination thereof:  (a)  a
     8  metes  and  bounds description; (b) a description made with reference to
     9  existing streets and navigable waters or a combination of same; or (c) a
    10  map showing existing streets and navigable waters or  a  combination  of
    11  same  forming boundaries or metes and bounds or the entire boundaries of
    12  one or more districts of an entire town.
    13    (2) A [list of the names and address of  the  regular  inhabitants  of
    14  such  territory]  copy  of  a financial impact statement. Such financial
    15  impact statement shall include the following: (a) a  proposed  operating
    16  budget  for  the  territory  to  be incorporated; (b) a proposed capital
    17  budget for the territory to be incorporated; (c) a  description  of  the
    18  services  that  would  be  provided by the proposed village and how such
    19  services would be delivered; (d) the estimated property tax impact for a
    20  five year period on the territory to be incorporated and  the  remaining
    21  area  of  the town or towns; and (e) an executive summary of such finan-
    22  cial impact statement, including the estimated real property tax  impact
    23  on  the  territory to be incorporated and the remaining area of the town
    24  or towns.
    25    d. [If the petition is alleged to be signed by the owners of more than
    26  fifty per cent in assessed or full valuation, as the case may be, of the
    27  real property in such territory, there shall be attached to the petition
    28  following the signatures of the petitioners an affidavit  or  affidavits
    29  certifying as follows:
    30    (1) If such territory is located entirely in one town, a certification
    31  by  an  assessor  thereof  certifying to the total assessed valuation of
    32  such territory and the correct total amount thereof owned by the signers
    33  of the petition, or
    34    (2) If such territory is located  in  more  than  one  town,  separate
    35  certifications  by an assessor of each town certifying to the total full
    36  valuation of that portion of such territory located in such town and the
    37  correct total amount of full valuation of real property in such territo-
    38  ry and town owned by the  signers  of  the  petition,  as  specified  in
    39  subparagraph two of paragraph a of subdivision one of this section.
    40    e.]  Execution  of petition. (1) The signatures to a petition shall be
    41  subscribed on a separate page or pages following the exhibits.
    42    (2) Prefatory statement. Each signature page shall be  prefaced  by  a
    43  statement [of the basis on which the petition is signed and of the] that
    44  the petitioners are residents of the territory to be incorporated quali-
    45  fied  to vote for town officers in such territory and that the petition-
    46  ers' [familiarity] are familiar with the contents and purpose  [thereof]
    47  of such petition and the boundaries of the territory sought to be incor-
    48  porated.
    49    (3)  Additional  information.  Following each signature there shall be
    50  set forth, not necessarily by the signer, the signer's address  consist-
    51  ing  of  street name and number, if any, and town[; and, if the petition
    52  is based on the ownership of more than fifty per  cent  in  assessed  or
    53  full valuation, as the case may be, of the real property located in such
    54  territory,  the  amount  of assessed valuation of real property owned by
    55  the signer as credited to him in accordance  with  subparagraph  two  of
    56  paragraph a of subdivision one of this section].
        S. 1657--B                          4

     1    (4)  Authentication.  There  shall  be set forth at the bottom of each
     2  page of signatures an authenticating affidavit of a witness to the sign-
     3  ing thereof which shall be in substantially the following form:

     4  STATE OF NEW YORK
     5  COUNTY OF            ss.:

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

    18                                       ...................................
    19                                            (signature of witness)

    20  Sworn to before me
    21  This .................. day of ..................,  ....................
    22               (day)                  (month)               (year)

    23   ...............................
    24     (official title of officer)

    25    [f]  e. Filing and deposit. (1) Filing. The original petition shall be
    26  filed with a supervisor of the town in which all or the greatest part of
    27  such territory is located. Duplicate  originals,  photocopies  or  other
    28  similar  reproductions  of  the  original petition shall be filed with a
    29  supervisor of each other town in which any portion of such territory  is
    30  located.
    31    (2)  Deposit.  At  the  time  of filing of the petition there shall be
    32  deposited with each supervisor with whom the original or a copy  of  the
    33  original  is  filed,  the sum of six thousand dollars to pay the cost of
    34  posting, publishing and serving required notices, stenographic  services
    35  and services of inspectors of election in the event incorporation is not
    36  effected.
    37    § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
    38  amended by chapter 167 of the laws of 1985 and paragraph e as amended by
    39  chapter 561 of the laws of 1975, is amended to read as follows:
    40    1.  The  supervisor,  or supervisors if a joint hearing, with whom the
    41  petition or copies thereof, were filed, shall meet at the time and place
    42  specified in  such  notice  and  shall  hear  objections  which  may  be
    43  presented  as to the legal sufficiency of the petition for incorporation
    44  based upon any of the following grounds:
    45    a. That a person signing such petition was not qualified therefor;
    46    b. [If it is alleged that the petition is submitted on the basis  that
    47  the  persons  signing  such  petition  constitute twenty per cent of the
    48  residents in such territory qualified to vote for officers of a town  in
    49  which  all or part of such territory is located, that such allegation is
    50  false;
        S. 1657--B                          5

     1    c. If it is alleged that the petition is submitted on the  basis  that
     2  the  persons  signing  such  petition  are the owners of more than fifty
     3  percent in assessed valuation of the real property in such territory  or
     4  in full valuation of the real property in each part of each town in such
     5  territory  and  computed  separately for each such part, as the case may
     6  be, assessed upon the last completed assessment roll  or  rolls  of  the
     7  town  or  towns  in which all or part of such territory is located, that
     8  such allegation is false] That the allegation that the petition  consti-
     9  tutes twenty percent of the residents of the territory qualified to vote
    10  for officers of a town in which all or part of such territory is located
    11  is false;
    12    [d] c. That such territory is part of a city or village;
    13    [e] d. That if such territory is less than an entire town, it contains
    14  more  than  five  square  miles and the limits of such territory are not
    15  coterminous with  the  entire  boundaries  of  one  school,  fire,  fire
    16  protection,  fire  alarm,  town special or town improvement district and
    17  the limits of such territory are not coterminous with parts of the boun-
    18  daries of more than one school, fire, fire protection, fire alarm,  town
    19  special  or town improvement district, all of which are wholly contained
    20  within such limits and within one town;
    21    [f] e. That such territory does not contain a population of  at  least
    22  [five]  ten  thousand  in a suburban town pursuant to article three-A of
    23  the town law with a population of seventy-five thousand or more or twen-
    24  ty-five hundred [regular inhabitants] persons for all other towns;
    25    [g] f. That the petition in  any  other  specified  respect  does  not
    26  conform to the requirements of this article.
    27    §  4.  Subdivisions  1  and  4 of section 2-210 of the village law are
    28  amended to read as follows:
    29    1. The decision of the supervisor  or  supervisors  as  to  the  legal
    30  sufficiency  of  the  petition pursuant to section 2-208 of this article
    31  shall be subject to judicial review in the manner  provided  in  article
    32  seventy-eight  of  the civil practice law and rules. Such proceeding may
    33  be brought on the ground or grounds that said decision is illegal, based
    34  on insufficient evidence, or contrary to the weight of evidence. If  the
    35  court  determines that additional testimony or evidence is necessary for
    36  the proper disposition of the matter it may take such evidence or testi-
    37  mony or appoint a referee to take such evidence or testimony as  it  may
    38  direct and report the same to the court with his or her findings of fact
    39  and  conclusions  of law which shall constitute a part of the proceeding
    40  upon which the determination of the court shall be made. The  court  may
    41  reverse  or  affirm  on  the  basis of law and fact as determined by the
    42  court.
    43    4. In addition to the requirements of said article seventy-eight:
    44    a. Notice of such a proceeding shall be given to  the  town  clerk  of
    45  each  town in which any part of such territory is located. [He] The town
    46  clerk shall cause same to be filed in [his] the clerk's office.
    47    b. If the proceeding be brought to  review  [a]  an  adverse  decision
    48  [adverse  to the petition], copies of all papers in connection therewith
    49  shall be served on all persons designated by objectors to  the  petition
    50  pursuant to section 2-204 of this article and on all other objectors who
    51  have  made  no  such designations and whose objections were submitted in
    52  writing  and  signed.  Service  shall  be  sufficient  if  made   either
    53  personally or by certified mail with a return receipt.
    54    c.  If  the  proceeding be brought to review a decision sustaining the
    55  petition, copies of all papers in connection therewith shall  be  served
    56  on all persons designated in the petition to receive same.
        S. 1657--B                          6

     1    d.  All persons served pursuant to paragraphs b and c of this subdivi-
     2  sion shall be parties to such proceeding  under  said  article  seventy-
     3  eight.
     4    e.  All  issues in any proceeding hereunder shall have preference over
     5  all other civil actions and proceedings.
     6    § 5. The village law is amended by adding a new section 2-211 to  read
     7  as follows:
     8    §  2-211 Review of the state comptroller. 1. Within ten days after the
     9  first occurring of either the expiration of thirty days from the  filing
    10  of  the  original decision sustaining the legal sufficiency of the peti-
    11  tion and no proceeding having been instituted to  review  same,  or  the
    12  filing  of a final order sustaining the petition after such a proceeding
    13  to review, each supervisor with whom same were filed shall file  a  copy
    14  of  the  petition  with  the office of the state department of audit and
    15  control located in Albany.
    16    2. The state comptroller shall review the financial impact  statement,
    17  including  the  proposed  operating budget, the proposed capital budget,
    18  the description of the services that would be provided by  the  proposed
    19  village  and  how  such  services  would be delivered, and the estimated
    20  property tax impact for a five-year period on the territory to be incor-
    21  porated and the remaining area of the town or towns.   The  state  comp-
    22  troller shall make such review upon the original financial impact state-
    23  ment  as  filed  by  the  supervisor  or  supervisors,  and  may request
    24  additional information or data in such form and  detail  as  he  or  she
    25  deems sufficient to aid in reviewing such financial impact statement.
    26    3.  The  state  comptroller  shall  issue  a letter to each supervisor
    27  reviewing the financial impact statement for the proposed village incor-
    28  poration.
    29    4. In reviewing the financial impact statement, the state  comptroller
    30  shall review whether:
    31    a. the significant revenue and expenditure projections in the proposed
    32  operating  budget  are reasonable in light of the services that would be
    33  provided;
    34    b.   the proposed capital budget  clearly  identifies  future  capital
    35  needs  and  provides  reasonable  estimates  of each project's budgetary
    36  impact, including debt service costs, impact on  capital  reserve  funds
    37  and fund balance, and future operating expenditures; and
    38    c.  the  estimated  property  tax impact for a five-year period on the
    39  territory to be incorporated and the remaining area of the town or towns
    40  is reasonable in light of the proposed operating and capital budgets.
    41    5. Said letter shall be delivered to each supervisor within sixty days
    42  of submission to the state comptroller. Each  supervisor  shall  file  a
    43  copy  of  the letter of the state comptroller with the town clerk within
    44  five days  of  receipt.  Said  letter  shall  be  available  for  public
    45  inspection. A copy of said letter shall also be mailed to the incorpora-
    46  tors designated pursuant to subparagraph four of paragraph b of subdivi-
    47  sion one of section 2-202 of this article and all objectors to the peti-
    48  tion,  pursuant to section 2-204 of this article, by regular mail within
    49  five days of receipt.
    50    § 6. Section 2-212 of the village law is REPEALED and  a  new  section
    51  2-212 is added to read as follows:
    52    § 2-212 Right to election. 1. An election to determine the question of
    53  incorporation shall be held no later than forty days after the filing of
    54  the letter of the state comptroller with the town clerk.
    55    2.  The provisions of the election law not inconsistent herewith shall
    56  apply to such election so far as the same are practicable.
        S. 1657--B                          7

     1    § 7. Subdivision 5 of section 2-220 of the village law  is  renumbered
     2  subdivision 6 and a new subdivision 5 is added to read as follows:
     3    5.  Absentee  ballots  shall be provided for such election in the same
     4  manner as a special town election pursuant to section  eighty-four-a  of
     5  the  town  law, provided that the applicant for an absentee ballot shall
     6  be a resident of such territory qualified to vote for town officers.
     7    § 8. Subdivision d of section 2-232 of the village law is  amended  to
     8  read as follows:
     9    d.  A  statement  of the population of the territory as it appears [by
    10  the exhibit attached to] in the contents of the  petition  for  incorpo-
    11  ration.
    12    §  9.  Applicability.  This  act shall apply to any proceeding for the
    13  incorporation of a village where the  right  to  election  has  not  yet
    14  accrued pursuant to the former section 2-212 of the village law.
    15    §  10.  Severability. If any provision of this act, or any application
    16  of any provision of this act, is held to  be  invalid,  that  shall  not
    17  affect the validity or effectiveness of any other provision of this act,
    18  or  of  any other application of any provision of this act, which can be
    19  given effect without that provision or application; and to that end, the
    20  provisions and applications of this act are severable.
    21    § 11. This act shall take effect immediately.