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

                                  6053

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- 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  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 Subdivision 2 of section 2-200 of the village law is REPEALED.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:
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD10680-01-1

S. 6053                             2

  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;
  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. 6053                             3

  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.