S T A T E   O F   N E W   Y O R K
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                                  7048

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

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 procedure for
  village incorporation and to repeal subdivision 2 of section 2-200  of
  such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 1 of section 2-200  of
the village law is amended to read as follows:
  A  territory  containing a population of at least five hundred persons
[who are regular inhabitants thereof, as hereinafter defined,] AS DETER-
MINED BY THE MOST RECENT FEDERAL CENSUS may be incorporated as a village
under this chapter provided such territory does not include a part of  a
city or village and further provided the limits of such territory:
  S 2. Subdivision 2 of section 2-200 of the village law is REPEALED.
  S  3. The village law is amended by adding a new section 2-201 to read
as follows:
  S 2-201 FEASIBILITY STUDY. BEFORE A PETITION FOR INCORPORATION MAY  BE
CIRCULATED  PURSUANT  TO  SECTION  2-202  OF THIS ARTICLE, A FEASIBILITY
STUDY SHALL FIRST BE PREPARED. SUCH FEASIBILITY STUDY SHALL INCLUDE  THE
FOLLOWING:
  1. A PROPOSED OPERATING BUDGET FOR THE TERRITORY TO BE INCORPORATED;
  2. A PROPOSED CAPITAL BUDGET FOR THE AREA TO BE INCORPORATED;
  3.  A  DESCRIPTION  OF  THE  SERVICES  THAT  WOULD  BE PROVIDED BY THE
PROPOSED VILLAGE AND HOW THOSE SERVICES WOULD BE DELIVERED; AND
  4. THE ESTIMATED PROPERTY TAX IMPACT FOR A FIVE  YEAR  PERIOD  ON  THE
TERRITORY  TO  BE  INCORPORATED  AND  THE  REMAINING AREA OF THE TOWN OR
TOWNS.
  S 4. Paragraph b of subdivision 1 of section 2-202 of the village  law
is amended by adding a new subparagraph 7 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10680-01-1

              

A. 7048                             2

  (7) AN EXECUTIVE SUMMARY OF THE FEASIBILITY STUDY, INCLUDING THE ESTI-
MATED  REAL  PROPERTY TAX IMPACT ON THE TERRITORY TO BE INCORPORATED AND
THE REMAINING AREA OF THE TOWN OR TOWNS.
  S  5. Paragraph c of subdivision 1 of section 2-202 of the village law
is amended by adding a new subparagraph 3 to read as follows:
  (3) A COPY OF THE FEASIBILITY STUDY.
  S 6. Section 2-204 of the village law, as amended  by  section  25  of
part X of chapter 62 of the laws of 2003, is amended to read as follows:
  S 2-204 Notice of hearing. Within twenty days after the filing of such
petition  or  copies  thereof, each supervisor with whom same were filed
shall cause to be posted in five public places  in  that  part  of  such
territory located in his town and also to be published at least twice in
the newspaper or newspapers designated pursuant to subdivision eleven of
section  sixty-four of the town law, a joint notice of all such supervi-
sors: that a petition for the incorporation of the  village  of  (naming
it)  has  been received; that at a place in such territory and on a day,
not less than twenty nor more than thirty days after  the  date  of  the
posting and first publication of such notice, which date and place shall
be  specified  therein,  a  hearing will be had upon such petition; that
such petition will be available for public inspection in the  office  of
each  town clerk until the date of such hearing; that the purpose of the
hearing is to consider the legal sufficiency of the petition AND WHETHER
SUCH PETITION IS IN THE OVERALL PUBLIC INTEREST; that objections to [the
legal sufficiency of] the petition must be in writing and signed by  one
or  more  of  the  residents of such town; and that any group of persons
having one or more objections in common may make designation in  writing
and signed by them of at least one but no more than three persons giving
the  full  names and addresses on whom and at which addresses all papers
required to be served in connection with  the  proceeding  for  incorpo-
ration shall be served. A majority of such designees must reside in such
town  or towns. In the absence of any other suitable place, such hearing
shall be held in a school building, if any, located in  such  territory.
If  such territory is located in more than one town the hearing shall be
noticed and publicized as a joint hearing of all  such  towns.  For  the
purposes  of  this  section,  in  the  event  that  the town maintains a
website, one of the posting requirements required by this section may be
fulfilled by posting such information on the town's website.
  S 7. The opening paragraph of subdivision 1 of section  2-206  of  the
village law is amended to read as follows:
  The supervisor, or supervisors if a joint hearing, with whom the peti-
tion  or  copies  thereof,  were filed, shall meet at the time and place
specified in  such  notice  and  shall  hear  objections  which  may  be
presented  as  to  [the  legal sufficiency of] the petition for incorpo-
ration based upon any of the following grounds:
  S 8. Paragraph f of subdivision 1 of section 2-206 of the village  law
is amended to read as follows:
  f.  That such territory does not contain a population of at least five
hundred [regular inhabitants] AS DETERMINED BY THE MOST  RECENT  FEDERAL
CENSUS;
  S  9. Paragraph g of subdivision 1 of section 2-206 of the village law
is relettered paragraph h and a new paragraph g  is  added  to  read  as
follows:
  G. THAT THE PROPOSED INCORPORATION IS NOT IN THE OVERALL PUBLIC INTER-
EST:  (I)  OF  THE  TERRITORY  PROPOSED  TO BE INCORPORATED; OR (II) THE
REMAINING AREA OF THE TOWN OR TOWNS IN WHICH SUCH TERRITORY IS LOCATED;

A. 7048                             3

  S 10. The section heading of section  2-208  of  the  village  law  is
amended to read as follows:
  Decision [as to legal sufficiency of petition].
  S 11.  If any clause, sentence, paragraph, section or part of this act
shall  be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof, but shall be confined in its operation  to  the  clause,  sentence,
paragraph,  section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 12. This act shall take effect immediately.