STATE OF NEW YORK
________________________________________________________________________
7375--A
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 --
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] 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.
LBD14166-07-0
S. 7375--A 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 according
41 to the most recent decennial census.
42 (4) The manner in which the area requirements of section 2-200 of this
43 article are satisfied.
44 (5) A designation of at least one but no more than three persons,
45 giving full names and addresses, on whom and at which addresses all
46 papers required to be served in connection with the proceeding for
47 incorporation, shall be served. A majority of such designees must reside
48 in such territory.
49 (6) Each page of the petition and all exhibits and certifications
50 shall be securely fastened together.
51 c. Exhibits and certifications. Each copy of the petition shall have
52 attached thereto prior to the signature pages:
53 (1) A description of such territory sufficient to identify the
54 location and extent of such territory with common certainty and which
55 shall be in one of the following forms or a combination thereof: (a) a
56 metes and bounds description; (b) a description made with reference to
S. 7375--A 3
1 existing streets and navigable waters or a combination of same; or (c) a
2 map showing existing streets and navigable waters or a combination of
3 same forming boundaries or metes and bounds or the entire boundaries of
4 one or more districts of an entire town.
5 (2) A [list of the names and address of the regular inhabitants of
6 such territory] copy of a financial impact statement. Such financial
7 impact statement shall include the following: (a) a proposed operating
8 budget for the territory to be incorporated; (b) a proposed capital
9 budget for the territory to be incorporated; (c) a description of the
10 services that would be provided by the proposed village and how such
11 services would be delivered; (d) the estimated property tax impact for a
12 five year period on the territory to be incorporated and the remaining
13 area of the town or towns; and (e) an executive summary of such finan-
14 cial impact statement, including the estimated real property tax impact
15 on the territory to be incorporated and the remaining area of the town
16 or towns.
17 d. [If the petition is alleged to be signed by the owners of more than
18 fifty per cent in assessed or full valuation, as the case may be, of the
19 real property in such territory, there shall be attached to the petition
20 following the signatures of the petitioners an affidavit or affidavits
21 certifying as follows:
22 (1) If such territory is located entirely in one town, a certification
23 by an assessor thereof certifying to the total assessed valuation of
24 such territory and the correct total amount thereof owned by the signers
25 of the petition, or
26 (2) If such territory is located in more than one town, separate
27 certifications by an assessor of each town certifying to the total full
28 valuation of that portion of such territory located in such town and the
29 correct total amount of full valuation of real property in such territo-
30 ry and town owned by the signers of the petition, as specified in
31 subparagraph two of paragraph a of subdivision one of this section.
32 e.] Execution of petition. (1) The signatures to a petition shall be
33 subscribed on a separate page or pages following the exhibits.
34 (2) Prefatory statement. Each signature page shall be prefaced by a
35 statement [of the basis on which the petition is signed and of the] that
36 the petitioners are residents of the territory to be incorporated quali-
37 fied to vote for town officers in such territory and that the petition-
38 ers' [familiarity] are familiar with the contents and purpose [thereof]
39 of such petition and the boundaries of the territory sought to be incor-
40 porated.
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--A 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--A 5
1 such allegation is false] That the allegation that the petition consti-
2 tutes twenty percent of the residents of the territory qualified to vote
3 for officers of a town in which all or part of such territory is located
4 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, subdivisions 1 and 4 of section 2-210 of the
19 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--A 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 for the territory to be incorporated, the proposed capital budget for
12 the area to be incorporated, a description of the services that would be
13 provided by the proposed village and how such services would be deliv-
14 ered and the estimated property tax impact for a five year period on the
15 territory to be incorporated and the remaining area of the town or
16 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 territory to be incorporated or the remainder of the town;
25 c. that the revenue estimates and appropriations, as set forth in such
26 financial impact statement, are adequate to deliver the services
27 proposed; and
28 d. that in all regards, such financial impact statement provides an
29 accurate, valid and transparent presentation of information to the
30 public.
31 5. Said decision shall be delivered to each supervisor within sixty
32 days of submission to the state comptroller. Each supervisor shall file
33 a copy of the decision of the state comptroller with the town clerk
34 within five days of receipt. Said decision shall be available for public
35 inspection. A copy of said decision shall also be mailed to the incorpo-
36 rators designated pursuant to subparagraph four of paragraph b of subdi-
37 vision one of section 2-202 of this article and all objectors to the
38 petition, pursuant to section 2-204 of this article, by regular mail
39 within five days of receipt.
40 6. Where the determination of the state comptroller is not favorable
41 and no proceeding is instituted to review such decision, the decision
42 shall be final and conclusive. The town shall take no further action on
43 such petition. A new proceeding for incorporation shall not be commenced
44 for at least one year.
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 first
49 occurring of either of the following events:
50 a. the expiration of thirty days from the filing of a favorable deci-
51 sion of the state comptroller with the town clerk and no proceeding
52 having been instituted to review the same;
53 b. the filing of a final order sustaining a favorable decision of the
54 state comptroller after such a proceeding to review; or
55 c. the filing of a final order otherwise directing an election to be
56 held on the question of incorporation.
S. 7375--A 7
1 2. The provisions of the election law not inconsistent herewith shall
2 apply to such election so far as the same are practicable.
3 § 7. Subdivision 5 of section 2-220 of the village law is renumbered
4 subdivision 6 and a new subdivision 5 is added to read as follows:
5 5. Absentee ballots shall be provided for such election in the same
6 manner as a special town election pursuant to section eighty-four-a of
7 the town law, provided that the applicant for an absentee ballot shall
8 be a resident of such territory qualified to vote for town officers.
9 § 8. Subdivision d of section 2-232 of the village law is amended to
10 read as follows:
11 d. A statement of the population of the territory as it appears [by
12 the exhibit attached to] in the contents of the petition for incorpo-
13 ration.
14 § 9. Applicability. This act shall apply to any proceeding for the
15 incorporation of a village where the right to election has not yet
16 accrued pursuant to the former section 2-212 of the village law.
17 § 10. Severability. If any provision of this act, or any application
18 of any provision of this act, is held to be invalid, that shall not
19 affect the validity or effectiveness of any other provision of this act,
20 or of any other application of any provision of this act, which can be
21 given effect without that provision or application; and to that end, the
22 provisions and applications of this act are severable.
23 § 11. This act shall take effect immediately.