S T A T E O F N E W Y O R K
________________________________________________________________________
6728
2017-2018 Regular Sessions
I N S E N A T E
June 15, 2017
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to provide a procedure for village incorporation in a certain
town in Westchester
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding article 2 of the village law, in the town
of Greenburgh, in the county of Westchester, the incorporation of a new
village shall be pursuant to the provisions of this act. For the
purposes of this act "town" shall mean the town of Greenburgh. A new
village may be incorporated only on the majority vote of those qualified
voters who cast their ballot in an election held on a valid petition and
after the town board's finding of no significant adverse impact pursuant
to the provisions of this act.
§ 2. Population and area requirements. 1. A territory may be incorpo-
rated as a village under this act providing it meets the following
conditions:
a. The territory contains a population of at least one thousand
persons, who are regular inhabitants thereof, as hereinafter defined;
b. The territory does not include a part of a city or village and
further provided the limits of such territory:
(1) do not contain more than five square miles; or,
(2) are coterminous with:
(i) the entire boundaries of one school, fire, fire protection, fire
alarm, town special or town improvement district; and/or
(ii) parts of the boundaries of more than one school, fire, fire
protection, fire alarm, town special or town improvement district, all
of which are wholly contained within such limits and within the town;
and/or
(iii) the entire boundaries of the town; and/or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13185-03-7
S. 6728 2
(iv) the entire boundaries of the territory of the town outside of the
incorporated villages.
2. The words "regular inhabitants" as used herein and for the purpose
of this act shall include all persons residing in the territory proposed
to be incorporated except such persons who themselves, or who are
persons under the age of eighteen years residing with persons who, main-
tain a residence outside such territory which is used as their address
for purposes of voting.
§ 3. Community Impact Statement. 1. A two-part community impact state-
ment shall be prepared and filed with the town clerk. Such community
impact statement shall be written in plain language in a concise manner
capable of being read and understood by the public.
2. Before a petition for incorporation may be circulated pursuant to
section four of this act, "Part A" of the community impact statement
shall be prepared and filed on behalf of the petitioners which shall
include the following:
a. a proposed five year operating budget for the territory to be
incorporated;
b. a proposed five year capital budget for the territory to be incor-
porated;
c. a description of the services that would be provided by the
proposed village;
d. a description of any deficiency in services provided by the town
and the manner in which the incorporation would remedy the deficiency;
e. the estimated real property tax impact for a five year period on
the territory to be incorporated;
f. the population, demographic, socio-economic and environmental
impacts on the territory to be incorporated; and
g. the impact of the anticipated land use and infrastructure needs
within the territory to be incorporated.
3. Within thirty days after the supervisor files a decision that a
petition is legally sufficient, the supervisor shall prepare and file
"Part B" of the community impact statement which shall include the
following:
a. a proposed five year operating budget for the area of the town
remaining unincorporated;
b. a proposed five year capital budget for the area of the town
remaining unincorporated;
c. a description of any change of services for the area of the town
remaining unincorporated which change is resultant from the incorpo-
ration;
d. the estimated real property tax impact for a five year period on
the area of the town remaining unincorporated;
e. the population, demographic, socio-economic and environmental
impact on the area of the town remaining unincorporated;
f. the impact of anticipated land use and infrastructure needs within
the area of the town remaining unincorporated;
4. The supervisor shall provide to the petitioner any and all informa-
tion as the petitioner may reasonably require to prepare Part A of the
community impact statement. The petitioners shall provide to the super-
visor any and all information as he/she may reasonably require to
prepare Part B of the community impact statement.
§ 4. Petition for incorporation. 1. A proceeding for the incorporation
of such territory as a village shall commence with the filing of a peti-
tion with the supervisor.
2. The requirements for such petition are as follows:
S. 6728 3
a. Either one or both of the following two groups of persons may peti-
tion for such incorporation:
(1) At least twenty percent of the residents of such territory quali-
fied to vote for town officers in the town.
(2) The owners of more than fifty percent in assessed valuation of the
real property in such territory assessed upon the last completed assess-
ment roll of the town. Full valuation shall be determined by applying
the appropriate equalization rate to such assessed valuations. If real
property in such territory is owned by tenants in common, joint tenants
or tenants by the entirety, each such tenant, as assigner of such peti-
tion shall, for the purpose of ascertaining the percentage of the
assessed valuation upon which the petition is based, be considered as
the owner of an interest in such real property equal to the result
reached by dividing the assessed valuation by the number of owners ther-
eof and shall be credited to that extent with part of the total assessed
valuation thereof. In the event such real property is part of a parcel
of land partially situated within such territory, the town assessor or
assessors shall, for the purposes of this section make an apportionment
of the assessed value of such part as is in such territory. In such a
case, only the apportioned value attributed to such part shall be
considered.
b. Contents of petition. The petition shall contain the following
information:
(1) An allegation of the basis on which the petition is signed.
(2) The name of the proposed village.
(3) An allegation that such territory contains a population of at
least one thousand regular inhabitants.
(4) The manner in which the area requirements of section two of this
act are satisfied along with a land survey prepared by a surveyor or
engineer licensed in the state of New York.
(5) A designation of at least one but no more than three persons,
giving full names and addresses, on whom and at which addresses all
papers required to be served in connection with the proceeding for
incorporation, shall be served. A majority of such designees must reside
in such territory.
(6) Each page of the petition and all exhibits and certifications
shall be securely fastened together dated and numbered.
c. Exhibits and certifications. Each copy of the petition shall have
attached thereto prior to the signature pages:
(1) A description of such territory sufficient to identify the
location and extent of such territory with common certainty and which
shall be in one of the following forms or a combination thereof: (a) a
metes and bounds description certified by a surveyor or engineer
licensed in the state of New York; (b) a description made with reference
to existing streets and navigable waters or a combination of same; or
(c) a map showing existing streets and navigable waters or a combination
of same forming boundaries or metes and bounds or the entire boundaries
of the town.
(2) A list of the names and address of the regular inhabitants of such
territory.
(3) If the petition is alleged to be signed by the owners of more than
fifty per cent in assessed or full valuation, as the case may be, of the
real property in such territory, there shall be attached to the petition
following the signatures of the petitioners an affidavit by an assessor
certifying the total assessed valuation of such territory and the
correct total amount thereof owned by the signers of the petition.
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d. Execution of petition. (1) Signature pages. The signatures to a
petition shall be subscribed on a separate page or pages following the
exhibits.
(2) Prefatory statement. Each signature page shall be prefaced by a
statement of the basis on which the petition is signed and of the peti-
tioners' familiarity with the contents and purpose thereof and the boun-
daries of the territory sought to be incorporated.
(3) Additional information. Following each signature there shall be
set forth, not necessarily by the signer, the signer's address consist-
ing of street name and number, if any, and town; and, if the petition is
based on the ownership of more than fifty percent in assessed or full
valuation, as the case may be, of the real property located in such
territory, the amount of assessed valuation of real property owned by
the signer as credited to him or her in accordance with subparagraph two
of paragraph a of subdivision two of this section.
(4) Authentication. There shall be set forth at the bottom of each
page of signatures an authenticating affidavit of a witness to the sign-
ing thereof which shall be in substantially the following form:
STATE OF NEW YORK
COUNTY OF ss.:
........................................ being duly sworn,
(name of witness)
says:
I reside at .............................. in the
(street name and number)
........................................of ........................
(town, city or village) (name of municipality)
........................................in the State of New York:
I know each of the persons whose names are subscribed to the above
sheet having ............................... signatures; and each of them
(number)
subscribed the same in my presence.
........................................
(signature of witness)
Sworn to before me
This .................. day of ..........,................
(day)(month) (year)
........................................
(official title of officer)
3. Filing and deposit. a. Filing. The original petition, including all
exhibits and certifications, shall be filed with the supervisor and
duplicate originals, photocopies or other similar reproductions of the
original petition shall be filed with the town board.
b. Deposit. At the time of filing of the petition there shall be
deposited with the supervisor the sum of six thousand dollars to pay the
cost of posting, publishing and serving required notices, stenographic
services and services of inspectors of election in the event incorpo-
ration is not effected.
S. 6728 5
§ 5. Notice of hearing on legal sufficiency of the petition. Within
twenty days after the filing of such petition, the supervisor shall
cause to be posted on the town's website, in five public places in that
territory 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: that a petition for the incorporation of the
village of (naming it) has been received; that at a place in such terri-
tory 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 the town clerk until the date of such hearing; that the
purpose of the hearing is to consider the legal sufficiency of the peti-
tion; that objections to the legal sufficiency of the petition must be
in writing and signed by one or more of the residents of the 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 incorporation shall be served. A majority of such
designees must reside in the town. In the absence of any other suitable
place, such hearing shall be held in a school building, if any, located
in such territory.
§ 6. Proceeding on hearing on the legal sufficiency of the petition.
1. The supervisor 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 incorporation based upon any of the
following grounds:
a. That a person signing such petition was not qualified therefor;
b. If it is alleged that the petition is submitted on the basis that
the persons signing such petition constitute twenty per cent of the
residents in such territory qualified to vote for officers of the town,
that such allegation is false;
c. If it is alleged that the petition is submitted on the basis that
the persons signing such petition are the owners of more than fifty
percent in assessed valuation of the real property in such territory,
assessed upon the last completed assessment roll of the town, that such
allegation is false;
d. That such territory is part of a city or village;
e. That if such territory is less than the entire town, it contains
more than five square miles and the limits of such territory are not
coterminous with the entire boundaries of one school, fire, fire
protection, fire alarm, town special or town improvement district and
the limits of such territory are not coterminous with parts of the boun-
daries of more than one school, fire, fire protection, fire alarm, town
special or town improvement district, all of which are wholly contained
within such limits and within the town;
f. That such territory does not contain a population of at least one
thousand regular inhabitants;
g. That the petition in any other specified respect does not conform
to the requirements of this act.
2. The supervisor shall conduct the hearing.
3. All objections must be in writing and signed by one or more resi-
dents qualified to vote for town officers. Testimony as to objections
may be taken at the hearing which shall be reduced to writing and
subscribed by those testifying. The burden of proof shall be on the
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objectors. All written objections and signed testimony shall clearly
state the name and address of the objector.
4. The hearing may be adjourned but must be concluded within twenty
days from the date fixed in the notice of hearing.
§ 7. Decision as to legal sufficiency of petition. 1. Within ten days
after such hearing is concluded the supervisor shall determine whether
the petition complies with the requirements of this act and shall make
and sign a decision accordingly. If the decision be adverse to the peti-
tion, the decision shall contain a brief statement of the reasons on
which the adverse decision is based.
2. The original of the decision, copies of the notice of the hearing
together with affidavits of posting and publishing same, the written
objections and the minutes of proceedings taken on the hearing including
signed testimony shall be filed by the supervisor within fifteen days
after the hearing is concluded, with the town clerk.
3. If no proceeding be instituted to review such decision within thir-
ty days after such filing of the original copy thereof, the decision
shall be final and conclusive. In the event that the decision is
adverse to the petition, a new proceeding for incorporation may be
commenced immediately.
§ 8. Review of decision as to legal sufficiency of petition. 1. The
decision of the supervisor as to the legal sufficiency of the petition
shall be subject to judicial review in the manner provided in article
seventy-eight of the civil practice law and rules. Such proceeding may
be brought on the ground or grounds that said decision is illegal, based
on insufficient evidence, or contrary to the weight of evidence. If the
court determines that additional testimony or evidence is necessary for
the proper disposition of the matter it may take such evidence or testi-
mony or appoint a referee to take such evidence or testimony as it may
direct and report the same to the court with his findings of fact and
conclusions of law which shall constitute a part of the proceeding upon
which the determination of the court shall be made. The court may
reverse or affirm on the basis of law and fact as determined by the
court.
2. Such proceeding must be instituted within thirty days after the
filing of the original copy of such decision as required by section
seven of this act.
3. The proceeding may only be instituted by a resident of the town.
4. In addition to the requirements of said article seventy-eight:
a. Notice of such a proceeding shall be given to the town clerk. He or
she shall cause same to be filed in their office.
b. If the proceeding be brought to review a decision adverse to the
petition, copies of all papers in connection therewith shall be served
on all persons designated by objectors to the petition pursuant to
section five of this act and on all other objectors who have made no
such designations and whose objections were submitted in writing and
signed. Service shall be sufficient if made either personally or by
certified mail with a return receipt.
c. If the proceeding be brought to review a decision sustaining the
petition, copies of all papers in connection therewith shall be served
on all persons designated in the petition to receive same.
d. All persons served pursuant to paragraphs b and c of this subdivi-
sion shall be parties to such proceeding under said article seventy-
eight.
e. All issues in any proceeding hereunder shall have preference over
all other civil actions and proceedings.
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5. The successful party to any such proceeding shall file a certified
copy of the decision and order in the office of the town clerk.
§ 9. Consideration of the community impact statement and significant
adverse impact. 1. Within twenty days of the filing of Part B of the
community impact statement, the town board shall cause to be posted on
the town website, in five public places in that territory 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:
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 posting and
first publication of such notice, which date and place shall be speci-
fied therein, a hearing will be had upon the Community Impact Statement
of such petition; that such community impact statement will be available
for public inspection in the office of the town clerk until the date of
such hearing; and that the purpose of the hearing is to consider the
legal sufficiency of Part A of the community impact statement and wheth-
er there would be a significant adverse impact on the territory to be
incorporated and/or on the remaining area of the town based on the
community impact statement and testimony presented at such hearing.
2. The town board shall hold a public hearing pursuant to this
section; such board shall meet at the time and place specified in such
notice and shall hear testimony which may be presented regarding the
legal sufficiency of Part A of the community impact statement and wheth-
er there would be a significant adverse impact on the territory to be
incorporated and/or on the remaining area of the town, based on the
community impact statement and testimony presented at such hearing.
3. The supervisor shall conduct the hearing.
4. The hearing may be adjourned but must be concluded within twenty
days from the date fixed in the notice of hearing.
§ 10. Determination on the community impact statement and significant
adverse impact. 1. Within ten days after the hearing on the community
impact statement is concluded, the town board shall determine the legal
sufficiency of Part A of the community impact statement based on the
community impact statement and testimony presented at such hearing. The
town board shall adopt a resolution by majority vote setting forth a
statement of the reasons for its determination. The original of the
resolution, copies of the notice of the hearing together with affidavits
of posting and publishing same, any written testimony and the minutes of
proceedings taken on the hearing including signed testimony shall be
filed by such town board within fifteen days after the hearing is
concluded, with the town clerk.
2. If the town board determines that Part A of the community impact
statement is not legally sufficient, it shall cease consideration of the
incorporation matter. Within thirty days thereafter, the petitioners may
file an amended Part A of the community impact statement. Within twenty
days of the filing of an amended Part A of the community impact state-
ment, the town board shall re-commence consideration of the incorpo-
ration matter beginning with holding another hearing pursuant to section
nine of this act. If the town board determines that the amended Part A
of the community impact statement is not legally sufficient, petitioners
shall not be entitled to file an additional amended Part A of the commu-
nity impact statement.
3. If the town board determines that Part A of the community impact
statement is legally sufficient, within ten days after filing its deci-
sion with the clerk, the town board shall determine whether there would
S. 6728 8
be a significant adverse impact on the territory to be incorporated
and/or on the remaining area of the town. The town board shall adopt a
resolution by majority vote setting forth a statement of the reasons for
its determination. The original of the resolution, copies of the notice
of the hearing together with affidavits of posting and publishing same,
any written testimony and the minutes of proceedings taken on the hear-
ing including signed testimony shall be filed by such town board within
fifteen days thereafter with the town clerk.
4. The final resolution shall be final and conclusive if no amended
Part A of the community impact statement is filed or if the amended Part
A of the community impact statement is found to be legally insufficient,
or if no proceeding is instituted to review each such determination
within thirty days after the filing of the town board's final determi-
nation either that: (i) Part A of the community impact statement is
legally insufficient; (ii) there would be a significant adverse impact;
or (iii) there would not be a significant adverse impact.
5. A town board determination that Part A of the community impact
statement is not legally sufficient or there would be a significant
adverse impact is to be considered adverse to the petition and no
election may be held on the basis of that petition.
§ 11. Review of determination on the legal sufficiency of Part A of
the community impact statement or significant adverse impact. 1. The
determination of the town board that (i) Part A of the community impact
statement is or is not legally sufficient; or (ii) there would or would
not be a significant adverse impact on the area to be incorporated
and/or the remaining area of the town shall be subject to judicial
review in the manner provided in article seventy-eight of the civil
practice law and rules. Such proceeding may be brought on the ground or
grounds that said determination is illegal, based on insufficient
evidence, or contrary to the weight of evidence. If the court determines
that additional testimony or evidence is necessary for the proper dispo-
sition of the matter it may take such evidence or testimony or appoint a
referee to take such evidence or testimony as it may direct and report
the same to the court with his findings of fact and conclusions of law
which shall constitute a part of the proceeding upon which the determi-
nation of the court shall be made. The court may reverse or affirm on
the basis of law and fact as determined by the court.
2. Such proceeding must be instituted within thirty days after the
filing of an original resolution as required by section ten of this act.
3. The proceeding may only be instituted by a resident of the town.
4. In addition to the requirements of said article seventy-eight:
a. Notice of such a proceeding shall be given to the town clerk. He or
she shall cause same to be filed in their office.
b. Copies of all papers in connection with the determination of the
town board therewith shall be served on all persons designated in the
petition for incorporation to receive same.
c. All issues in any proceeding hereunder shall have preference over
all other civil actions and proceedings.
5. The successful party to any such proceeding shall file a certified
copy of the decision and order in the office of the town clerk.
§ 12. Right to election. 1. An election to determine the question of
incorporation shall be held no later than forty days after the follow-
ing, whichever is later:
a. The expiration of thirty days from the filing of the original town
board decision finding no significant adverse impact and no proceeding
having been instituted to review same, or
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b. The filing of all final orders sustaining the petition after all
proceedings to review pursuant to sections eight and eleven of this act.
2. The procedure for conducting said election shall be pursuant to the
election law.
§ 13. This act shall take effect immediately.
