S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2871
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 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:
   § 2. Subdivision 2 of section 2-200 of the village law is REPEALED.
   §  3. The village law is amended by adding a new section 2-201 to read
 as follows:
   § 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.
   § 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.
                                                            LBD02270-01-7
              

 A. 2871                             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.
   §  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.
   § 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:
   § 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.
   § 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:
   § 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;
   §  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. 2871                             3

   § 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].
   § 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.
   § 12. This act shall take effect immediately.