Bill Text: NY S07375 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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) 2020-02-24 - PRINT NUMBER 7375A [S07375 Detail]

Download: New_York-2019-S07375-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7375

                    IN SENATE

                                    January 22, 2020
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        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-
     5  lar 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 purpose
    18  of this article shall include all  persons  residing  in  the  territory
    19  proposed  to  be incorporated except such persons who themselves, or who
    20  are persons under the age of eighteen years residing with  persons  who,
    21  maintain  a  residence  outside  such  territory  which is used as their
    22  address for purposes of voting]  population  of  a  territory  shall  be
    23  determined on the basis of the most recent decennial federal census.
    24    §  2.  Section 2-202 of the village law, subparagraph 2 of paragraph f
    25  of subdivision 1 as amended by chapter 181  of  the  laws  of  2004,  is
    26  amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14166-02-9
        S. 7375                             2

     1    §  2-202  Petition for incorporation. 1. A proceeding for the incorpo-
     2  ration of such territory as a village shall commence  with  a  petition.
     3  The requirements for such petition are as follows:
     4    a.  Petitioners.  [Either  one  or both of the following two groups of
     5  persons may petition for such incorporation:
     6    (1)] At least twenty [per cent]  percent  of  the  residents  of  such
     7  territory  qualified to vote for town officers in a town in which all or
     8  part of such territory is located shall sign such petition.
     9    [(2) The owners of more than fifty percent in  assessed  valuation  of
    10  the  real  property  in  such territory assessed upon the last completed
    11  assessment roll of the town in which such territory is located. However,
    12  if such territory is located in more than one town it shall be  required
    13  in  computing  such  percentage  to equalize the assessed valuations for
    14  each town; furthermore, in such case, the petition must be signed by the
    15  owners of more than fifty percent in full valuation of the real property
    16  in each part of each town in such territory and computed separately  for
    17  each such part, and assessed upon the last completed assessment rolls of
    18  the towns in which any part of such territory is located. Full valuation
    19  shall  be  determined  by  applying the appropriate equalization rate to
    20  such assessed valuations. If real property in such territory is owned by
    21  tenants in common, joint tenants or tenants by the entirety,  each  such
    22  tenant,  as  a  signer of such petition shall, for the purpose of ascer-
    23  taining the percentage of the assessed valuation upon which the petition
    24  is based, be considered as the owner of an interest in such real proper-
    25  ty equal to the result reached by dividing the assessed valuation by the
    26  number of owners thereof and shall be credited to that extent with  part
    27  of the total assessed valuation thereof. In the event such real property
    28  is  part  of  a parcel of land partially situated within such territory,
    29  the town assessor or assessors shall, for the purposes of  this  section
    30  make  an  apportionment of the assessed value of such part as is in such
    31  territory. In such a case, only the apportioned value attributed to such
    32  part shall be considered.]
    33    b. Contents of petition. The  petition  shall  contain  the  following
    34  information:
    35    (1)  An allegation [of the basis on which the petition is signed] that
    36  at least twenty percent of the residents  qualified  to  vote  for  town
    37  officers have signed such petition.
    38    (2) The name of the proposed village.
    39    (3)  An  allegation  that  such  territory contains a population of at
    40  least [five] twenty-five  hundred  [regular  inhabitants]  persons.  The
    41  population  of  the  territory  based  off  of the most recent decennial
    42  census shall also be provided.
    43    (4) The manner in which the area requirements of section 2-200 of this
    44  article are satisfied.
    45    (5) A designation of at least one but  no  more  than  three  persons,
    46  giving  full  names  and  addresses,  on whom and at which addresses all
    47  papers required to be served  in  connection  with  the  proceeding  for
    48  incorporation, shall be served. A majority of such designees must reside
    49  in such territory.
    50    (6)  Each  page  of  the  petition and all exhibits and certifications
    51  shall be securely fastened together.
    52    c. Exhibits and certifications. Each copy of the petition  shall  have
    53  attached thereto prior to the signature pages:
    54    (1)  A  description  of  such  territory  sufficient  to  identify the
    55  location and extent of such territory with common  certainty  and  which
    56  shall  be  in one of the following forms or a combination thereof: (a) a
        S. 7375                             3

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

    52  STATE OF NEW YORK
    53  COUNTY OF            ss.:
        S. 7375                             4

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

    13                                       ...................................
    14                                            (signature of witness)

    15  Sworn to before me
    16  This .................. day of ..................,  ....................
    17               (day)                  (month)               (year)

    18   ...............................
    19     (official title of officer)

    20    [f]  e. Filing and deposit. (1) Filing. The original petition shall be
    21  filed with a supervisor of the town in which all or the greatest part of
    22  such territory is located. Duplicate  originals,  photocopies  or  other
    23  similar  reproductions  of  the  original petition shall be filed with a
    24  supervisor of each other town in which any portion of such territory  is
    25  located.
    26    (2)  Deposit.  At  the  time  of filing of the petition there shall be
    27  deposited with each supervisor with whom the original or a copy  of  the
    28  original  is  filed,  the sum of six thousand dollars to pay the cost of
    29  posting, publishing and serving required notices, stenographic  services
    30  and services of inspectors of election in the event incorporation is not
    31  effected.
    32    § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
    33  amended by chapter 167 of the laws of 1985 and paragraph e as amended by
    34  chapter 561 of the laws of 1975, is amended to read as follows:
    35    1.  The  supervisor,  or supervisors if a joint hearing, with whom the
    36  petition or copies thereof, were filed, shall meet at the time and place
    37  specified in  such  notice  and  shall  hear  objections  which  may  be
    38  presented  as to the legal sufficiency of the petition for incorporation
    39  based upon any of the following grounds:
    40    a. That a person signing such petition was not qualified therefor;
    41    b. [If it is alleged that the petition is submitted on the basis  that
    42  the  persons  signing  such  petition  constitute twenty per cent of the
    43  residents in such territory qualified to vote for officers of a town  in
    44  which  all or part of such territory is located, that such allegation is
    45  false;
    46    c. If it is alleged that the petition is submitted on the  basis  that
    47  the  persons  signing  such  petition  are the owners of more than fifty
    48  percent in assessed valuation of the real property in such territory  or
    49  in full valuation of the real property in each part of each town in such
    50  territory  and  computed  separately for each such part, as the case may
    51  be, assessed upon the last completed assessment roll  or  rolls  of  the
    52  town  or  towns  in which all or part of such territory is located, that
        S. 7375                             5

     1  such allegation is false] That the allegation that the petition  consti-
     2  tutes  twenty  percent of the residents of the territory which is quali-
     3  fied to vote for officers of a town in which all or part of such  terri-
     4  tory is located is false;
     5    [d] c. That such territory is part of a city or village;
     6    [e] d. That if such territory is less than an entire town, it contains
     7  more  than  five  square  miles and the limits of such territory are not
     8  coterminous with  the  entire  boundaries  of  one  school,  fire,  fire
     9  protection,  fire  alarm,  town special or town improvement district and
    10  the limits of such territory are not coterminous with parts of the boun-
    11  daries of more than one school, fire, fire protection, fire alarm,  town
    12  special  or town improvement district, all of which are wholly contained
    13  within such limits and within one town;
    14    [f] e. That such territory does not contain a population of  at  least
    15  [five] twenty-five hundred [regular inhabitants] persons;
    16    [g]  f.  That  the  petition  in  any other specified respect does not
    17  conform to the requirements of this article.
    18    § 4. The section heading, subdivision 1 and subdivision 4  of  section
    19  2-210 of the village law are amended to read as follows:
    20    Review  of  [decision] decisions. 1. The decision of the supervisor or
    21  supervisors as to the legal sufficiency  of  the  petition  pursuant  to
    22  section  2-208 of this article and the decision of the state comptroller
    23  as to financial feasibility pursuant to section 2-211  of  this  article
    24  shall  be  subject  to judicial review in the manner provided in article
    25  seventy-eight of the civil practice law and rules. Such  proceeding  may
    26  be brought on the ground or grounds that said decision is illegal, based
    27  on  insufficient evidence, or contrary to the weight of evidence. If the
    28  court determines that additional testimony or evidence is necessary  for
    29  the proper disposition of the matter it may take such evidence or testi-
    30  mony  or  appoint a referee to take such evidence or testimony as it may
    31  direct and report the same to the court with his or her findings of fact
    32  and conclusions of law which shall constitute a part of  the  proceeding
    33  upon  which  the determination of the court shall be made. The court may
    34  reverse or affirm on the basis of law and  fact  as  determined  by  the
    35  court.
    36    4. In addition to the requirements of said article seventy-eight:
    37    a.  Notice  of  such  a proceeding shall be given to the town clerk of
    38  each town in which any part of such territory is located. [He] The  town
    39  clerk shall cause same to be filed in [his] the clerk's office.
    40    b.  If  the  proceeding  be  brought to review [a] an adverse decision
    41  [adverse to the petition], copies of all papers in connection  therewith
    42  shall  be  served on all persons designated by objectors to the petition
    43  pursuant to section 2-204 of this article and on all other objectors who
    44  have made no such designations and whose objections  were  submitted  in
    45  writing   and  signed.  Service  shall  be  sufficient  if  made  either
    46  personally or by certified mail with a return receipt.
    47    c. If the proceeding be brought to review a  decision  sustaining  the
    48  petition,  copies  of all papers in connection therewith shall be served
    49  on all persons designated in the petition to receive same.
    50    d. All persons served pursuant to paragraphs b and c of this  subdivi-
    51  sion  shall  be  parties  to such proceeding under said article seventy-
    52  eight.
    53    e. All issues in any proceeding hereunder shall have  preference  over
    54  all other civil actions and proceedings.
    55    §  5. The village law is amended by adding a new section 2-211 to read
    56  as follows:
        S. 7375                             6

     1    § 2-211 Decision of the state comptroller. 1. Within  ten  days  after
     2  the  first  occurring  of  either the expiration of thirty days from the
     3  filing of the original decision sustaining the legal sufficiency of  the
     4  petition and no proceeding having been instituted to review same, or the
     5  filing  of a final order sustaining the petition after such a proceeding
     6  to review, each supervisor with whom same were filed shall file  a  copy
     7  of  the  petition  with  the office of the state department of audit and
     8  control located in Albany for a review and decision by the  state  comp-
     9  troller, as provided for by this section.
    10    2.  The  state comptroller shall examine the proposed operating budget
    11  to determine the territory to  be  incorporated,  the  proposed  capital
    12  budget  for  the  area to be incorporated, a description of the services
    13  that would be provided by the proposed village  and  how  such  services
    14  would be delivered and the estimated property tax impact for a five year
    15  period on the territory to be incorporated and the remaining area of the
    16  town or towns.
    17    3.  The state comptroller shall issue a decision to each supervisor on
    18  the financial feasibility of the proposed village incorporation.
    19    4. In order to make a favorable decision of financial feasibility, the
    20  state comptroller shall make the following findings:
    21    a. that the overall public interest shall be served  by  the  incorpo-
    22  ration of the territory into a village;
    23    b.  that the cost of the village shall not be an undue burden upon the
    24  properties of the territory to be incorporated and the  remaining  areas
    25  of the town;
    26    c. that the revenue estimates and appropriations, as set forth in such
    27  financial  impact  statement,  are  adequate  to  deliver  the  services
    28  proposed; and
    29    d. that in all regards, such financial impact  statement  provides  an
    30  accurate,  valid  and  transparent  presentation  of  information to the
    31  public.
    32    5. Said decision shall be delivered to each  supervisor  within  sixty
    33  days  of submission to the state comptroller. Each supervisor shall file
    34  a copy of the decision of the state  comptroller  with  the  town  clerk
    35  within five days of receipt. Said decision shall be available for public
    36  inspection. A copy of said decision shall also be mailed to the incorpo-
    37  rators designated pursuant to subparagraph four of paragraph b of subdi-
    38  vision  one  of  section  2-202 of this article and all objectors to the
    39  petition, pursuant to section 2-204 of this  article,  by  regular  mail
    40  within five days of receipt.
    41    6.  Where  the determination of the state comptroller is not favorable
    42  and no proceeding is instituted to review such  decision,  the  decision
    43  shall be final and conclusive.  The town shall take no further action on
    44  such petition. A new proceeding for incorporation shall not be commenced
    45  for at least one year.
    46    §  6.  Section  2-212 of the village law is REPEALED and a new section
    47  2-212 is added to read as follows:
    48    § 2-212 Right to election. 1. An election to determine the question of
    49  incorporation shall be held no later than forty  days  after  the  first
    50  occurring of either of the following events:
    51    a.  the expiration of thirty days from the filing of a favorable deci-
    52  sion of the state comptroller with the  town  clerk  and  no  proceeding
    53  having been instituted to review the same;
    54    b.  the filing of a final order sustaining a favorable decision of the
    55  state comptroller after such a proceeding to review; or
        S. 7375                             7

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