NY State Senate Bill 2021-S1657B

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to local government
Jun 04, 2021	print number 1657b
Jun 04, 2021	amend and recommit to local government
Jun 03, 2021	print number 1657a
Jun 03, 2021	amend and recommit to local government
Jan 14, 2021	referred to local government

Bill Amendments

Original

B (Active)

2021-S1657 - Details

See Assembly Version of this Bill:: A2553
Current Committee:: Senate Local Government
Law Section:: Village Law
Laws Affected:: Amd §§2-200, 2-202, 2-206, 2-210, 2-220 & 2-232, rpld §2-212, add §§2-211 & 2-212, Vil L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7375, A9939
2023-2024: S3455, A5669

2021-S1657 - Summary

Revises the process of incorporating a village such as the contents of a petition and the filing process.

2021-S1657 - Sponsor Memo

                                
 
BILL NUMBER: S1657

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To update and improve the process and requirements to incorporate as a
village.

 
SUMMARY OF PROVISIONS:

Section 1. Section 2-200 of the Village Law is amended to increase the
population requirement from 500 to 2,500 to incorporate as a village.
The population of the proposed village would be determined by the latest
decennial federal census.

Section 2. Section 2-202 of the Village Law is amended to:

a) eliminate property ownership as a basis for petitioning for village
incorporation.

b) require the filing of a financial impact statement with a petition
for incorporation that includes:

*A proposed operating budget for the territory to be incorporated

*A proposed capital budget for the area to be incorporated

*A description of the services that would be provided by the proposed
village and how they would be delivered to The estimated property tax
impact for a five-year period on the territory to be incorporated and
the remaining area of the town(s)

*An executive summary of the financial impact statement on the territory
to be incorporated and the remaining area of the town(s).

c) eliminate the requirement to provide a list of the names and address-
es.of the regular inhabitants of the territory proposed to be incorpo-
rated as a village.

Section 3. Amends subdivision 1 of Section 2-206 of the Village Law
relating to objections to the legal sufficiency of the petition by
conforming the objections to the new provisions relating to population
and the basis for signing a petition.

Section 4. Amends subdivision 1 and subdivision 4 of Section 2-210 of
the Village Law in relation to judicial review of the decisions by the
Town Supervisor(s) and State Comptroller with regard to village incorpo-
ration.

Section 5. A new Section 2-211 is added to the Village Law to:

(a) require the Town Supervisor(s), where the petition for incorporation
is found to be legally sufficient, to file a copy of the petition with

the State Comptroller for a decision on the financial feasibility of the
proposed village.
(b) establish the criteria which the State Comptroller must utilize in
determining the financial feasibility of a village incorporation,
including that:

*the overall public interest will be served by the incorporation of the
territory into a village, the cost of the village will not be an undue
burden on the properties of the territory to be incorporated and the
remaining areas of the town,

*the revenue estimates and appropriations, as set forth in such finan-
cial impact statement, are adequate to deliver the services proposed,
and

*the financial impact statement provides an accurate, valid and trans-
parent presentation of information to the public. Where the State Comp-
troller makes a favorable determination of the financial feasibility, an
election is held. Where the State Comptroller makes an unfavorable
determination, the Town shall take no further action on the petition.
Another petition for incorporation may not be filed for at least one
year. The decisions of the Supervisor and the State Comptroller are
subject to review under Article 78 of the Civil Practice Law and Rules.

Section 6. Repeals Section 2-212 of the Village Law and adds a new

Section 2212 providing for when the right to an election accrues.

Section 7. Subdivision S of Section 2-220 of the Village Law is renum-
bered subdivision 6 and a new subdivision 5 is added to provide for
absentee ballots for village incorporation elections.

Section 8. Amends subdivision d of Section 2-232 of the Village Law that
requires a statement of the population of the territory as it appears in
the contents of the petition be included in the Town Clerk's report of
incorporation. Said report shall be delivered to the secretary of state,
state comptroller, commissioner of taxation and finance and to the coun-
ty clerk and county treasurer of each county and to the clerk of any
other town in which any part of such territory is located.

Section 9. Applicability. The new provisions would apply to any incorpo-
ration proceeding where the right to an election has not already accrued
before the effective date of this act.

Section 10. Severability Clause.

Section 11. Effective Date.

 
JUSTIFICATION:

The incorporation of new village can have significant tax and fiscal
impacts on taxpayers in both the proposed village and throughout the
town (or towns) in which a new village is to be located. It is imper-
ative that the financial impacts of the new village be assessed prior
the public vote on incorporation so that voters may make an informed
decision.


This legislation improves the current village incorporation process by
ensuring that voters possess all relevant information necessary to make
an informed decision. The review of such information by the State Comp-
troller will ensure that voters possess objective information reviewed
by an independent professional with no interest in the outcome of a
village incorporation proceeding. In the past, the lack of such accurate
and objective financial information about a village incorporation has
led to the creation of new villages where voters were not adequately
informed about financial impacts and feasibility.  The result has been
disappointment and disillusionment and ultimately dissolution, as was
the case with Villages of Mastic Beach and Pine Valley.

This legislation would require that a financial impact statement be
filed with a petition for incorporation that includes a proposed operat-
ing and capital budget, a description of services to be offered along
with their delivery method, a five-year property tax impact estimate on
both the territory to be incorporated and the remaining areas of the
town(s) affected, and an executive summary of the financial impact
statement on the territory to be incorporated and the remaining area of
the town(s).

Once the petition is filed with all the necessary requirements, the
supervisor(s) shall determine the legal sufficiency of the petition.
Upon a favorable determination, the petition will be submitted to the
New York State Comptroller to examine the financial impact statement and
determine whether or not the proposed village is financially feasible.
It should be noted that the Comptroller already performs a similar func-
tion for the creation of special districts under Town Law. If the Comp-
troller makes a favorable determination, then an election can be held.
If not, there would be no further action on the petition. Another peti-
tion for incorporation of the same territory could not be filed for at
least one year.

The decisions of the Supervisor and the Comptroller would be subject to
review under Article 78 of the Civil Practice Laws and Rules. It is also
noted that the village incorporation law has been virtually unchanged in
56 years and requires additional updating and modernization.

This legislation would increase the population requirement from 500 to
2,500 to incorporate as a village. Population would be determined by the
latest decennial federal census. The requirement to list the names and
addresses of each regular inhabitant would be eliminated.  In addition,
consistent with voting reforms enacted in New York State since the
enactment of the village incorporation law in 1964, property ownership
would be eliminated as a basis for petitioning for village incorpo-
ration. Absentee ballots would also be available for village incorpo-
ration elections.

These new provisions would apply to any incorporation proceeding where
the right to an election has not already accrued before the effective
date of this act.

 
LEGISLATIVE HISTORY:

2020 - S7375A Referred to Local Government

Assembly

2020 - A9939 Referred to Local Governments

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1657 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1657
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  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:
 
   Section 1. Section 2-200 of the village law, subdivision 2 as  amended
 by chapter 932 of the laws of 1974, is amended to read as follows:
   §  2-200 Population and area requirements. 1. A territory containing a
 population of at least [five] TWENTY-FIVE hundred persons [who are regu-
 lar inhabitants thereof, as hereinafter defined,] 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 terri-
 tory:
   a. do not contain more than five square miles; or
   b.  are coterminous with the entire boundaries of a school, fire, fire
 protection, fire alarm, town special or town improvement district; or
   c. are coterminous with parts of  the  boundaries  of  more  than  one
 school, fire, fire protection, fire alarm, town special or town improve-
 ment  district, all of which are wholly contained within such limits and
 within one town; or
   d. are coterminous with the entire boundaries of a town.
   2. The [words "regular inhabitants" as used herein and for the purpose
 of this article 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,
 maintain  a  residence  outside  such  territory  which is used as their
 address for purposes of voting]  POPULATION  OF  A  TERRITORY  SHALL  BE
 DETERMINED ON THE BASIS OF THE MOST RECENT DECENNIAL FEDERAL CENSUS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05824-01-1

 S. 1657                             2
 
   §  2.  Section 2-202 of the village law, subparagraph 2 of paragraph f
 of subdivision 1 as amended by chapter 181  of  the  laws  of  2004,  is
 amended to read as follows:
   §  2-202  Petition for incorporation. 1. A proceeding for the incorpo-
 ration of such territory as a village shall commence  with  a  petition.
 The requirements for such petition are as follows:
   a.  Petitioners.  [Either  one  or both of the following two groups of
 persons may petition for such incorporation:
   (1)] At least twenty [per cent]  PERCENT  of  the  residents  of  such
 territory  qualified to vote for town officers in a town in which all or
 part of such territory is located SHALL SIGN SUCH PETITION.
   [(2) 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 in which such territory is located. However,
 if such territory is located in more than one town it shall be  required
 in  computing  such  percentage  to equalize the assessed valuations for
 each town; furthermore, in such case, the petition must be signed by the
 owners of more than fifty percent in full valuation of the real property
 in each part of each town in such territory and computed separately  for
 each such part, and assessed upon the last completed assessment rolls of
 the towns in which any part of such territory is located. 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  a  signer of such petition shall, for the purpose of ascer-
 taining the percentage of the assessed valuation upon which the petition
 is based, be considered as the owner of an interest in such real proper-
 ty equal to the result reached by dividing the assessed valuation by the
 number of owners thereof 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] THAT
 AT LEAST TWENTY PERCENT OF THE RESIDENTS  QUALIFIED  TO  VOTE  FOR  TOWN
 OFFICERS HAVE SIGNED SUCH PETITION.
   (2) The name of the proposed village.
   (3)  An  allegation  that  such  territory contains a population of at
 least [five] TWENTY-FIVE hundred [regular inhabitants] PERSONS ACCORDING
 TO THE MOST RECENT DECENNIAL CENSUS.
   (4) The manner in which the area requirements of section 2-200 of this
 article are satisfied.
   (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.
   c. Exhibits and certifications. Each copy of the petition  shall  have
 attached thereto prior to the signature pages:

 S. 1657                             3
 
   (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; (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
 one or more districts of an entire town.
   (2)  A  [list  of  the names and address of the regular inhabitants of
 such territory] COPY OF A FINANCIAL  IMPACT  STATEMENT.  SUCH  FINANCIAL
 IMPACT  STATEMENT  SHALL INCLUDE THE FOLLOWING: (A) A PROPOSED OPERATING
 BUDGET FOR THE TERRITORY TO BE  INCORPORATED;  (B)  A  PROPOSED  CAPITAL
 BUDGET  FOR  THE  TERRITORY TO BE INCORPORATED; (C) A DESCRIPTION OF THE
 SERVICES THAT WOULD BE PROVIDED BY THE PROPOSED  VILLAGE  AND  HOW  SUCH
 SERVICES WOULD BE DELIVERED; (D) 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; AND (E) AN EXECUTIVE SUMMARY OF  SUCH  FINAN-
 CIAL  IMPACT STATEMENT, INCLUDING THE ESTIMATED REAL PROPERTY TAX IMPACT
 ON THE TERRITORY TO BE INCORPORATED AND THE REMAINING AREA OF  THE  TOWN
 OR TOWNS.
   d. [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 or affidavits
 certifying as follows:
   (1) If such territory is located entirely in one town, a certification
 by an assessor thereof certifying to the  total  assessed  valuation  of
 such territory and the correct total amount thereof owned by the signers
 of the petition, or
   (2)  If  such  territory  is  located  in more than one town, separate
 certifications by an assessor of each town certifying to the total  full
 valuation of that portion of such territory located in such town and the
 correct total amount of full valuation of real property in such territo-
 ry  and  town  owned  by  the  signers  of the petition, as specified in
 subparagraph two of paragraph a of subdivision one of this section.
   e.] Execution of petition. (1) 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] THAT
 THE PETITIONERS ARE RESIDENTS OF THE TERRITORY TO BE INCORPORATED QUALI-
 FIED TO VOTE FOR TOWN OFFICERS IN SUCH TERRITORY AND THAT THE  petition-
 ers'  [familiarity] ARE FAMILIAR with the contents and purpose [thereof]
 OF SUCH PETITION and the boundaries of the territory sought to be incor-
 porated.
   (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 per cent 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 in accordance with subparagraph two of
 paragraph a of subdivision one 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:

 S. 1657                             4
 
 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)
 
   [f]  E. Filing and deposit. (1) Filing. The original petition shall be
 filed with a supervisor of the town in which all or the greatest part of
 such territory is located. Duplicate  originals,  photocopies  or  other
 similar  reproductions  of  the  original petition shall be filed with a
 supervisor of each other town in which any portion of such territory  is
 located.
   (2)  Deposit.  At  the  time  of filing of the petition there shall be
 deposited with each supervisor with whom the original or a copy  of  the
 original  is  filed,  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 incorporation is not
 effected.
   § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
 amended by chapter 167 of the laws of 1985 and paragraph e as amended by
 chapter 561 of the laws of 1975, is amended to read as follows:
   1.  The  supervisor,  or supervisors if a joint hearing, with whom the
 petition 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 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 a town  in
 which  all or part of such territory is located, 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  or
 in full valuation of the real property in each part of each town in such

 S. 1657                             5

 territory  and  computed  separately for each such part, as the case may
 be, assessed upon the last completed assessment roll  or  rolls  of  the
 town  or  towns  in which all or part of such territory is located, that
 such  allegation is false] THAT THE ALLEGATION THAT THE PETITION CONSTI-
 TUTES TWENTY PERCENT OF THE RESIDENTS OF THE TERRITORY QUALIFIED TO VOTE
 FOR OFFICERS OF A TOWN IN WHICH ALL OR PART OF SUCH TERRITORY IS LOCATED
 IS FALSE;
   [d] C. That such territory is part of a city or village;
   [e] D. That if such territory is less than an 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 one town;
   [f]  E.  That such territory does not contain a population of at least
 [five] TWENTY-FIVE hundred [regular inhabitants] PERSONS;
   [g] F. That the petition in  any  other  specified  respect  does  not
 conform to the requirements of this article.
   § 4. The section heading, subdivisions 1 and 4 of section 2-210 of the
 village law are amended to read as follows:
   Review  of  [decision] DECISIONS. 1. The decision of the supervisor or
 supervisors as to the legal sufficiency  of  the  petition  PURSUANT  TO
 SECTION  2-208 OF THIS ARTICLE AND THE DECISION OF THE STATE COMPTROLLER
 AS TO FINANCIAL FEASIBILITY PURSUANT TO SECTION 2-211  OF  THIS  ARTICLE
 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 OR HER 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.
   4. In addition to the requirements of said article seventy-eight:
   a.  Notice  of  such  a proceeding shall be given to the town clerk of
 each town in which any part of such territory is located. [He] THE  TOWN
 CLERK shall cause same to be filed in [his] THE CLERK'S office.
   b.  If  the  proceeding  be  brought to review [a] AN ADVERSE 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 2-204 of this article 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.

 S. 1657                             6
 
   e. All issues in any proceeding hereunder shall have  preference  over
 all other civil actions and proceedings.
   §  5. The village law is amended by adding a new section 2-211 to read
 as follows:
   § 2-211 DECISION OF THE STATE COMPTROLLER. 1. WITHIN  TEN  DAYS  AFTER
 THE  FIRST  OCCURRING  OF  EITHER THE EXPIRATION OF THIRTY DAYS FROM THE
 FILING OF THE ORIGINAL DECISION SUSTAINING THE LEGAL SUFFICIENCY OF  THE
 PETITION AND NO PROCEEDING HAVING BEEN INSTITUTED TO REVIEW SAME, OR THE
 FILING  OF A FINAL ORDER SUSTAINING THE PETITION AFTER SUCH A PROCEEDING
 TO REVIEW, EACH SUPERVISOR WITH WHOM SAME WERE FILED SHALL FILE  A  COPY
 OF  THE  PETITION  WITH  THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND
 CONTROL LOCATED IN ALBANY FOR A REVIEW AND DECISION BY THE  STATE  COMP-
 TROLLER, AS PROVIDED FOR BY THIS SECTION.
   2.  THE  STATE COMPTROLLER SHALL EXAMINE THE PROPOSED OPERATING BUDGET
 FOR THE TERRITORY TO BE INCORPORATED, THE PROPOSED  CAPITAL  BUDGET  FOR
 THE AREA TO BE INCORPORATED, A DESCRIPTION OF THE SERVICES THAT WOULD BE
 PROVIDED  BY  THE PROPOSED VILLAGE AND HOW SUCH SERVICES WOULD BE DELIV-
 ERED AND 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.
   3.  THE STATE COMPTROLLER SHALL ISSUE A DECISION TO EACH SUPERVISOR ON
 THE FINANCIAL FEASIBILITY OF THE PROPOSED VILLAGE INCORPORATION.
   4. IN ORDER TO MAKE A FAVORABLE DECISION OF FINANCIAL FEASIBILITY, THE
 STATE COMPTROLLER SHALL MAKE THE FOLLOWING FINDINGS:
   A. THAT THE OVERALL PUBLIC INTEREST SHALL BE SERVED  BY  THE  INCORPO-
 RATION OF THE TERRITORY INTO A VILLAGE;
   B.  THAT THE COST OF THE VILLAGE SHALL NOT BE AN UNDUE BURDEN UPON THE
 TERRITORY TO BE INCORPORATED OR THE REMAINDER OF THE TOWN;
   C. THAT THE REVENUE ESTIMATES AND APPROPRIATIONS, AS SET FORTH IN SUCH
 FINANCIAL  IMPACT  STATEMENT,  ARE  ADEQUATE  TO  DELIVER  THE  SERVICES
 PROPOSED; AND
   D.  THAT  IN  ALL REGARDS, SUCH FINANCIAL IMPACT STATEMENT PROVIDES AN
 ACCURATE, VALID AND  TRANSPARENT  PRESENTATION  OF  INFORMATION  TO  THE
 PUBLIC.
   5.  SAID  DECISION  SHALL BE DELIVERED TO EACH SUPERVISOR WITHIN SIXTY
 DAYS OF SUBMISSION TO THE STATE COMPTROLLER. EACH SUPERVISOR SHALL  FILE
 A  COPY  OF  THE  DECISION  OF THE STATE COMPTROLLER WITH THE TOWN CLERK
 WITHIN FIVE DAYS OF RECEIPT. SAID DECISION SHALL BE AVAILABLE FOR PUBLIC
 INSPECTION. A COPY OF SAID DECISION SHALL ALSO BE MAILED TO THE INCORPO-
 RATORS DESIGNATED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH B OF SUBDI-
 VISION ONE OF SECTION 2-202 OF THIS ARTICLE AND  ALL  OBJECTORS  TO  THE
 PETITION,  PURSUANT  TO  SECTION  2-204 OF THIS ARTICLE, BY REGULAR MAIL
 WITHIN FIVE DAYS OF RECEIPT.
   6. WHERE THE DETERMINATION OF THE STATE COMPTROLLER IS  NOT  FAVORABLE
 AND  NO  PROCEEDING  IS INSTITUTED TO REVIEW SUCH DECISION, THE DECISION
 SHALL BE FINAL AND CONCLUSIVE.  THE TOWN SHALL TAKE NO FURTHER ACTION ON
 SUCH PETITION. A NEW PROCEEDING FOR INCORPORATION SHALL NOT BE COMMENCED
 FOR AT LEAST ONE YEAR.
   § 6. Section 2-212 of the village law is REPEALED and  a  new  section
 2-212 is added to read as follows:
   § 2-212 RIGHT TO ELECTION. 1. AN ELECTION TO DETERMINE THE QUESTION OF
 INCORPORATION  SHALL  BE  HELD  NO LATER THAN FORTY DAYS AFTER THE FIRST
 OCCURRING OF EITHER OF THE FOLLOWING EVENTS:
   A. THE EXPIRATION OF THIRTY DAYS FROM THE FILING OF A FAVORABLE  DECI-
 SION  OF  THE  STATE  COMPTROLLER  WITH THE TOWN CLERK AND NO PROCEEDING
 HAVING BEEN INSTITUTED TO REVIEW THE SAME;

 S. 1657                             7
 
   B. THE FILING OF A FINAL ORDER SUSTAINING A FAVORABLE DECISION OF  THE
 STATE COMPTROLLER AFTER SUCH A PROCEEDING TO REVIEW; OR
   C.  THE  FILING OF A FINAL ORDER OTHERWISE DIRECTING AN ELECTION TO BE
 HELD ON THE QUESTION OF INCORPORATION.
   2. THE PROVISIONS OF THE ELECTION LAW NOT INCONSISTENT HEREWITH  SHALL
 APPLY TO SUCH ELECTION SO FAR AS THE SAME ARE PRACTICABLE.
   §  7.  Subdivision 5 of section 2-220 of the village law is renumbered
 subdivision 6 and a new subdivision 5 is added to read as follows:
   5. ABSENTEE BALLOTS SHALL BE PROVIDED FOR SUCH ELECTION  IN  THE  SAME
 MANNER  AS  A SPECIAL TOWN ELECTION PURSUANT TO SECTION EIGHTY-FOUR-A OF
 THE TOWN LAW, PROVIDED THAT THE APPLICANT FOR AN ABSENTEE  BALLOT  SHALL
 BE A RESIDENT OF SUCH TERRITORY QUALIFIED TO VOTE FOR TOWN OFFICERS.
   §  8.  Subdivision d of section 2-232 of the village law is amended to
 read as follows:
   d. A statement of the population of the territory as  it  appears  [by
 the  exhibit  attached  to] IN THE CONTENTS OF the petition for incorpo-
 ration.
   § 9. Applicability. This act shall apply to  any  proceeding  for  the
 incorporation  of  a  village  where  the  right to election has not yet
 accrued pursuant to the former section 2-212 of the village law.
   § 10. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   § 11. This act shall take effect immediately.

2021-S1657A - Details

See Assembly Version of this Bill:: A2553
Current Committee:: Senate Local Government
Law Section:: Village Law
Laws Affected:: Amd §§2-200, 2-202, 2-206, 2-210, 2-220 & 2-232, rpld §2-212, add §§2-211 & 2-212, Vil L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7375, A9939
2023-2024: S3455, A5669

2021-S1657A - Summary

Revises the process of incorporating a village such as the contents of a petition and the filing process.

2021-S1657A - Sponsor Memo

                                 
BILL NUMBER: S1657A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To update and improve the process and requirements to incorporate as a
village.

 
SUMMARY OF PROVISIONS:

Section 1. Section 2-200 of the Village Law is amended to increase the
population requirement from 500 to 2,500 to incorporate as a village.
The population of the proposed village would be determined by the latest
decennial federal census.

Section 2. Section 2-202 of the Village Law is amended to:

a) eliminate property ownership as a basis for petitioning for village

b) contents of petition

c) exhibits and certification includes a description of such territory
to be incorporating and requires a copy of a financial impact statement
with a petition for incorporation that includes:

* A proposed operating budget for the territory to be incorporated *A
proposed capital budget for the area to be incorporated

* A description of the services that would be provided by the proposed
village and how they would be delivered

* The estimated property tax impact for a five-year period on the terri-
tory to be incorporated and the remaining area of the town(s)

* An executive summary of the financial impact statement on the territo-
ry to be incorporated and the remaining area of the town(s).  d)
Execution of petition. Eliminates the requirement to provide a list of
the names and addresses of the regular inhabitants of the territory
proposed to be incorporated as a village.

Section 3. Amends subdivision 1 of Section 2-206 of the Village Law
relating to objections to the legal sufficiency of the petition by
conforming the objections to the new provisions relating .to population
and the basis for signing a petition.

Section 4. Amends subdivision 1 and subdivision 4 of Section 2-210 of
the Village Law in relation to judicial review of the decisions by the
Town Supervisor(s) with regard to village incorporation.

Section 5. A new Section 2-211 is added to the Village Law to provide
for the review of 'the financial impact statement by the State Comp-
troller The Town Supervisor(s), where the petition for incorporation is
found to be legally sufficient, shall file a copy of the petition with
the Office of the State Department of Audit and Control.
The State Comptroller shall review of the financial impact statement,
including the proposed operating budget, the proposed capital budget,
the description of services that would be provided by the proposed
village and how such services would be delivered, and the estimated
property tax impact for a five-year period on the territory to be incor-
porated and the remaining area of the town(s). Additional information or
data may be requested by the Comptroller to aid in reviewing the finan-
cial impact statement.

The Comptroller shall issue a letter of the review to be filed by the
Supervisor with the Town Clerk and made available for public inspection.
A copy of this letter will also be mailed to the incorporators and all
objectors to the petition.

Section 6. Repeals Section 2-212 of the Village Law and adds a new

Section 2212 providing for the right to an election.

Section 7. Subdivision 5 of Section 2-220 of the Village Law is renum-
bered subdivision 6 and a new subdivision 5 is added to provide for
absentee ballots for village incorporation elections.

Section 8. Amends subdivision d of Section 2-232 of the Village Law that
requires a statement of the population of the territory as it appears in
the contents of the petition for incorporation.

Section 9. Applicability. The new provisions would apply to any proceed-
ing for the incorporation of a village where the right' the right to an
election has not already accrued pursuant to the former

Section 2-212 of the Village Law.

Section 10. Severability Clause.

Section 11. Effective Date.

 
JUSTIFICATION:

The incorporation of new village can have significant tax and fiscal
impacts on taxpayers in both the proposed village and throughout the
town (or towns) in which a new village is to be located. It is imper-
ative that the financial impacts of the new village be assessed prior
the public vote on incorporation so that voters may make an informed
decision.

This legislation improves the current village incorporation process by
ensuring that voters possess all relevant information necessary to make
an informed decision. The review of such information by the State Comp-
troller will ensure that voters possess objective information reviewed
by an independent professional with no interest in the outcome of a
village incorporation proceeding.

In the past, the lack of such accurate and objective financial informa-
tion about a village incorporation has led to the creation of new
villages where voters were not adequately informed about financial
impacts and feasibility. The result has been disappointment and disillu-
sionment and ultimately dissolution, as was the case with Villages of
Mastic Beach and Pine Valley.
This legislation would require that a financial impact statement be
filed with a petition for incorporation that includes a proposed operat-
ing and capital budget, a description of services to be offered along
with their delivery method, a five-year property tax impact estimate on
both the territory to be incorporated and the remaining areas of the
town(s) affected, and an executive summary of the financial impact
statement on the territory to be incorporated and the remaining area of
the town(s).

Once the petition is filed with all the necessary requirements, the
supervisor(s) shall determine the legal sufficiency of the petition.
Upon a favorable determination, the petition will be submitted to the
New York State Department of Audit and Control.

The State Comptroller shall review the financial impact statement and
assess whether the significant revenue and expenditure projections in
the proposed operating budget are reasonable in light of the services
that would be provided; that the proposed capital budget clearly identi-
fies future capital needs and provides reasonable estimates of each
project's budgetary impact - including debt service costs, impact on
capital reserve funds and fund balance and future operating expendi-
tures; and the estimated property tax òimpact for a five-year period on
the territory to be incorporated and the remaining area of the town or
towns is reasonable in light of the proposed. operating and capital
budgets. After review, the Comptroller shall issue a letter to be filed
by the Supervisor with the Town Clerk and made available for public
inspection. A copy of this letter will also be mailed to the incorpora-
tors- and all objectors to the petition.

An election to determine the question of incorporation shall be held no
later than 40 days after the filing of the Comptroller's letter with the
Town Clerk.

The decisions of the Supervisor would be subject to review under Article
78 of the Civil Practice Laws and Rules. It is also noted that the
village incorporation law has been virtually unchanged in 56 years and
requires additional updating and modernization.  This legislation would
increase the population requirement from 500 to 2,500 to incorporate as
a village. Population would be determined by the latest decennial feder-
al census. The requirement to list the names and addresses of each regu-
lar inhabitant would be eliminated.  In addition, consistent with voting
reforms enacted in New York State since the enactment of the village
incorporation law in 1964, property ownership would be eliminated as a
basis for petitioning for village incorporation. Absentee ballots would
also be available for village incorporation elections.

These. new provisions would apply to any incorporation proceeding where
the tight to an election has not already accrued before the effective
date of this act.

 
LEGISLATIVE HISTORY:

2020: A.9939/S.7375-A

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1657A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1657--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 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:
 
   Section 1. Section 2-200 of the village law, subdivision 2 as  amended
 by chapter 932 of the laws of 1974, is amended to read as follows:
   §  2-200 Population and area requirements. 1. A territory containing a
 population of at least [five] TWENTY-FIVE hundred persons [who are regu-
 lar inhabitants thereof, as hereinafter defined,] 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 terri-
 tory:
   a. do not contain more than five square miles; or
   b.  are coterminous with the entire boundaries of a school, fire, fire
 protection, fire alarm, town special or town improvement district; or
   c. are coterminous with parts of  the  boundaries  of  more  than  one
 school, fire, fire protection, fire alarm, town special or town improve-
 ment  district, all of which are wholly contained within such limits and
 within one town; or
   d. are coterminous with the entire boundaries of a town.
   2. The [words "regular inhabitants" as used herein and for the purpose
 of this article 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,
 maintain  a  residence  outside  such  territory  which is used as their
 address for purposes of voting]  POPULATION  OF  A  TERRITORY  SHALL  BE
 DETERMINED ON THE BASIS OF THE MOST RECENT DECENNIAL FEDERAL CENSUS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05824-07-1

 S. 1657--A                          2
 
   §  2.  Section 2-202 of the village law, subparagraph 2 of paragraph f
 of subdivision 1 as amended by chapter 181  of  the  laws  of  2004,  is
 amended to read as follows:
   §  2-202  Petition for incorporation. 1. A proceeding for the incorpo-
 ration of such territory as a village shall commence  with  a  petition.
 The requirements for such petition are as follows:
   a.  Petitioners.  [Either  one  or both of the following two groups of
 persons may petition for such incorporation:
   (1)] At least twenty [per cent]  PERCENT  of  the  residents  of  such
 territory  qualified to vote for town officers in a town in which all or
 part of such territory is located SHALL SIGN SUCH PETITION.
   [(2) 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 in which such territory is located. However,
 if such territory is located in more than one town it shall be  required
 in  computing  such  percentage  to equalize the assessed valuations for
 each town; furthermore, in such case, the petition must be signed by the
 owners of more than fifty percent in full valuation of the real property
 in each part of each town in such territory and computed separately  for
 each such part, and assessed upon the last completed assessment rolls of
 the towns in which any part of such territory is located. 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  a  signer of such petition shall, for the purpose of ascer-
 taining the percentage of the assessed valuation upon which the petition
 is based, be considered as the owner of an interest in such real proper-
 ty equal to the result reached by dividing the assessed valuation by the
 number of owners thereof 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] THAT
 AT LEAST TWENTY PERCENT OF THE RESIDENTS  QUALIFIED  TO  VOTE  FOR  TOWN
 OFFICERS HAVE SIGNED SUCH PETITION.
   (2) The name of the proposed village.
   (3)  An  allegation  that  such  territory contains a population of at
 least [five] TWENTY-FIVE hundred [regular inhabitants] PERSONS ACCORDING
 TO THE MOST RECENT DECENNIAL CENSUS.
   (4) The manner in which the area requirements of section 2-200 of this
 article are satisfied.
   (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.
   c. Exhibits and certifications. Each copy of the petition  shall  have
 attached thereto prior to the signature pages:

 S. 1657--A                          3
 
   (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; (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
 one or more districts of an entire town.
   (2)  A  [list  of  the names and address of the regular inhabitants of
 such territory] COPY OF A FINANCIAL  IMPACT  STATEMENT.  SUCH  FINANCIAL
 IMPACT  STATEMENT  SHALL INCLUDE THE FOLLOWING: (A) A PROPOSED OPERATING
 BUDGET FOR THE TERRITORY TO BE  INCORPORATED;  (B)  A  PROPOSED  CAPITAL
 BUDGET  FOR  THE  TERRITORY TO BE INCORPORATED; (C) A DESCRIPTION OF THE
 SERVICES THAT WOULD BE PROVIDED BY THE PROPOSED  VILLAGE  AND  HOW  SUCH
 SERVICES WOULD BE DELIVERED; (D) 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; AND (E) AN EXECUTIVE SUMMARY OF  SUCH  FINAN-
 CIAL  IMPACT STATEMENT, INCLUDING THE ESTIMATED REAL PROPERTY TAX IMPACT
 ON THE TERRITORY TO BE INCORPORATED AND THE REMAINING AREA OF  THE  TOWN
 OR TOWNS.
   d. [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 or affidavits
 certifying as follows:
   (1) If such territory is located entirely in one town, a certification
 by an assessor thereof certifying to the  total  assessed  valuation  of
 such territory and the correct total amount thereof owned by the signers
 of the petition, or
   (2)  If  such  territory  is  located  in more than one town, separate
 certifications by an assessor of each town certifying to the total  full
 valuation of that portion of such territory located in such town and the
 correct total amount of full valuation of real property in such territo-
 ry  and  town  owned  by  the  signers  of the petition, as specified in
 subparagraph two of paragraph a of subdivision one of this section.
   e.] Execution of petition. (1) 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] THAT
 THE PETITIONERS ARE RESIDENTS OF THE TERRITORY TO BE INCORPORATED QUALI-
 FIED TO VOTE FOR TOWN OFFICERS IN SUCH TERRITORY AND THAT THE  petition-
 ers'  [familiarity] ARE FAMILIAR with the contents and purpose [thereof]
 OF SUCH PETITION and the boundaries of the territory sought to be incor-
 porated.
   (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 per cent 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 in accordance with subparagraph two of
 paragraph a of subdivision one 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:

 S. 1657--A                          4
 
 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)
 
   [f]  E. Filing and deposit. (1) Filing. The original petition shall be
 filed with a supervisor of the town in which all or the greatest part of
 such territory is located. Duplicate  originals,  photocopies  or  other
 similar  reproductions  of  the  original petition shall be filed with a
 supervisor of each other town in which any portion of such territory  is
 located.
   (2)  Deposit.  At  the  time  of filing of the petition there shall be
 deposited with each supervisor with whom the original or a copy  of  the
 original  is  filed,  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 incorporation is not
 effected.
   § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
 amended by chapter 167 of the laws of 1985 and paragraph e as amended by
 chapter 561 of the laws of 1975, is amended to read as follows:
   1.  The  supervisor,  or supervisors if a joint hearing, with whom the
 petition 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 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 a town  in
 which  all or part of such territory is located, 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  or
 in full valuation of the real property in each part of each town in such

 S. 1657--A                          5

 territory  and  computed  separately for each such part, as the case may
 be, assessed upon the last completed assessment roll  or  rolls  of  the
 town  or  towns  in which all or part of such territory is located, that
 such  allegation is false] THAT THE ALLEGATION THAT THE PETITION CONSTI-
 TUTES TWENTY PERCENT OF THE RESIDENTS OF THE TERRITORY QUALIFIED TO VOTE
 FOR OFFICERS OF A TOWN IN WHICH ALL OR PART OF SUCH TERRITORY IS LOCATED
 IS FALSE;
   [d] C. That such territory is part of a city or village;
   [e] D. That if such territory is less than an 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 one town;
   [f]  E.  That such territory does not contain a population of at least
 [five] TWENTY-FIVE hundred [regular inhabitants] PERSONS;
   [g] F. That the petition in  any  other  specified  respect  does  not
 conform to the requirements of this article.
   §  4.  Subdivisions  1  and  4 of section 2-210 of the village law are
 amended to read as follows:
   1. The decision of the supervisor  or  supervisors  as  to  the  legal
 sufficiency  of  the  petition PURSUANT TO SECTION 2-208 OF THIS ARTICLE
 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 OR HER 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.
   4. In addition to the requirements of said article seventy-eight:
   a. Notice of such a proceeding shall be given to  the  town  clerk  of
 each  town in which any part of such territory is located. [He] THE TOWN
 CLERK shall cause same to be filed in [his] THE CLERK'S office.
   b. If the proceeding be brought to  review  [a]  AN  ADVERSE  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 2-204 of this article 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.

 S. 1657--A                          6
 
   § 5. The village law is amended by adding a new section 2-211 to  read
 as follows:
   §  2-211 REVIEW OF THE STATE COMPTROLLER. 1. WITHIN TEN DAYS AFTER THE
 FIRST OCCURRING OF EITHER THE EXPIRATION OF THIRTY DAYS FROM THE  FILING
 OF  THE  ORIGINAL DECISION SUSTAINING THE LEGAL SUFFICIENCY OF THE PETI-
 TION AND NO PROCEEDING HAVING BEEN INSTITUTED TO  REVIEW  SAME,  OR  THE
 FILING  OF A FINAL ORDER SUSTAINING THE PETITION AFTER SUCH A PROCEEDING
 TO REVIEW, EACH SUPERVISOR WITH WHOM SAME WERE FILED SHALL FILE  A  COPY
 OF  THE  PETITION  WITH  THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND
 CONTROL LOCATED IN ALBANY.
   2. THE STATE COMPTROLLER SHALL REVIEW THE FINANCIAL IMPACT  STATEMENT,
 INCLUDING  THE  PROPOSED  OPERATING BUDGET, THE PROPOSED CAPITAL BUDGET,
 THE DESCRIPTION OF THE SERVICES THAT WOULD BE PROVIDED BY  THE  PROPOSED
 VILLAGE  AND  HOW  SUCH  SERVICES  WOULD BE DELIVERED, AND THE ESTIMATED
 PROPERTY TAX IMPACT FOR A FIVE-YEAR PERIOD ON THE TERRITORY TO BE INCOR-
 PORATED AND THE REMAINING AREA OF THE TOWN OR TOWNS.   THE  STATE  COMP-
 TROLLER SHALL MAKE SUCH REVIEW UPON THE ORIGINAL FINANCIAL IMPACT STATE-
 MENT  AS  FILED  BY  THE  SUPERVISOR  OR  SUPERVISORS,  AND  MAY REQUEST
 ADDITIONAL INFORMATION OR DATA IN SUCH FORM AND  DETAIL  AS  HE  OR  SHE
 DEEMS SUFFICIENT TO AID IN REVIEWING SUCH FINANCIAL IMPACT STATEMENT.
   3.  THE  STATE  COMPTROLLER  SHALL  ISSUE  A LETTER TO EACH SUPERVISOR
 REVIEWING THE FINANCIAL IMPACT STATEMENT FOR THE PROPOSED VILLAGE INCOR-
 PORATION.
   4. IN REVIEWING THE FINANCIAL IMPACT STATEMENT, THE STATE  COMPTROLLER
 SHALL REVIEW WHETHER:
   A. THE SIGNIFICANT REVENUE AND EXPENDITURE PROJECTIONS IN THE PROPOSED
 OPERATING  BUDGET  ARE REASONABLE IN LIGHT OF THE SERVICES THAT WOULD BE
 PROVIDED;
   B.   THE PROPOSED CAPITAL BUDGET  CLEARLY  IDENTIFIES  FUTURE  CAPITAL
 NEEDS  AND  PROVIDES  REASONABLE  ESTIMATES  OF EACH PROJECT'S BUDGETARY
 IMPACT, INCLUDING DEBT SERVICE COSTS, IMPACT ON  CAPITAL  RESERVE  FUNDS
 AND FUND BALANCE, AND FUTURE OPERATING EXPENDITURES; AND
   C.  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
 IS REASONABLE IN LIGHT OF THE PROPOSED OPERATING AND CAPITAL BUDGETS.
   5. SAID LETTER SHALL BE DELIVERED TO EACH SUPERVISOR WITHIN SIXTY DAYS
 OF SUBMISSION TO THE STATE COMPTROLLER. EACH  SUPERVISOR  SHALL  FILE  A
 COPY  OF  THE LETTER OF THE STATE COMPTROLLER WITH THE TOWN CLERK WITHIN
 FIVE DAYS  OF  RECEIPT.  SAID  LETTER  SHALL  BE  AVAILABLE  FOR  PUBLIC
 INSPECTION. A COPY OF SAID LETTER SHALL ALSO BE MAILED TO THE INCORPORA-
 TORS DESIGNATED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH B OF SUBDIVI-
 SION ONE OF SECTION 2-202 OF THIS ARTICLE AND ALL OBJECTORS TO THE PETI-
 TION,  PURSUANT TO SECTION 2-204 OF THIS ARTICLE, BY REGULAR MAIL WITHIN
 FIVE DAYS OF RECEIPT.
   § 6. Section 2-212 of the village law is REPEALED and  a  new  section
 2-212 is added to read as follows:
   § 2-212 RIGHT TO ELECTION. 1. AN ELECTION TO DETERMINE THE QUESTION OF
 INCORPORATION SHALL BE HELD NO LATER THAN FORTY DAYS AFTER THE FILING OF
 THE LETTER OF THE STATE COMPTROLLER WITH THE TOWN CLERK.
   2.  THE PROVISIONS OF THE ELECTION LAW NOT INCONSISTENT HEREWITH SHALL
 APPLY TO SUCH ELECTION SO FAR AS THE SAME ARE PRACTICABLE.
   § 7. Subdivision 5 of section 2-220 of the village law  is  renumbered
 subdivision 6 and a new subdivision 5 is added to read as follows:
   5.  ABSENTEE  BALLOTS  SHALL BE PROVIDED FOR SUCH ELECTION IN THE SAME
 MANNER AS A SPECIAL TOWN ELECTION PURSUANT TO SECTION  EIGHTY-FOUR-A  OF

 S. 1657--A                          7
 
 THE  TOWN  LAW, PROVIDED THAT THE APPLICANT FOR AN ABSENTEE BALLOT SHALL
 BE A RESIDENT OF SUCH TERRITORY QUALIFIED TO VOTE FOR TOWN OFFICERS.
   §  8.  Subdivision d of section 2-232 of the village law is amended to
 read as follows:
   d. A statement of the population of the territory as  it  appears  [by
 the  exhibit  attached  to] IN THE CONTENTS OF the petition for incorpo-
 ration.
   § 9. Applicability. This act shall apply to  any  proceeding  for  the
 incorporation  of  a  village  where  the  right to election has not yet
 accrued pursuant to the former section 2-212 of the village law.
   § 10. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   § 11. This act shall take effect immediately.

2021-S1657B (ACTIVE) - Details

See Assembly Version of this Bill:: A2553
Current Committee:: Senate Local Government
Law Section:: Village Law
Laws Affected:: Amd §§2-200, 2-202, 2-206, 2-210, 2-220 & 2-232, rpld §2-212, add §§2-211 & 2-212, Vil L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7375, A9939
2023-2024: S3455, A5669

2021-S1657B (ACTIVE) - Summary

Revises the process of incorporating a village such as the contents of a petition and the filing process.

2021-S1657B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1657B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To update and improve the process and requirements to incorporate as a
village.

 
SUMMARY OF PROVISIONS:

Section 1. Section 2-200 of the Village Law is amended to increase the
population requirement from 500 to 2,500 to incorporate as a village.
The population of the proposed village would be determined by the latest
decennial federal census.

Section 2. Section 2-202 of the Village Law is amended to:

a) eliminate property ownership as a basis for petitioning for village
incorporation.

b) contents of petition

c) exhibits and certification includes a description of such territory
to be incorporating and requires a copy of a financial impact statement
with a petition for incorporation that includes:

* A proposed operating budget for the territory to be incorporated *A
proposed capital budget for the area to be incorporated

* A description of the services that would be provided by the proposed
village and how they would be delivered

* The estimated property tax impact for a five-year period on the terri-
tory to be incorporated and the remaining area of the town(s)

* An executive summary of the financial impact statement on the territo-
ry to be incorporated and the remaining area of the town(s).

d) Execution of petition. Eliminates the requirement to provide a list
of the names and addresses of the regular inhabitants of the territory
proposed to be incorporated as a village.

Section 3. Amends subdivision 1 of Section 2-206 of the Village Law
relating to objections to the legal sufficiency of the petition by
conforming the objections to the new provisions relating to population
and the basis for signing a petition.

Section 4. Amends subdivision 1 and subdivision 4 of Section 2-210 of
the Village Law in relation to judicial review of the decisions by the
Town Supervisor(s) with regard to village incorporation.

Section 5. A new Section 2-211 is added to the Village Law to provide
for the review of the financial impact statement by the State Comp-
troller The Town Supervisor(s), where the petition for incorporation is
found to be legally sufficient, shall file a copy of the petition with
the Office of the State Department of Audit and Control.

The State Comptroller shall review of the financial impact statement,
including the proposed operating budget, the proposed capital budget,
the description of services that would be provided by the proposed
village and how such services would be delivered, and the estimated
property tax impact for a five-year period on the territory to be incor-
porated and the remaining area of the town(s). Additional information or
data may be requested by the Comptroller to aid in reviewing the finan-
cial impact statement.

The Comptroller shall issue a letter of the review to be filed by the
Supervisor with the Town Clerk and made available for public inspection.
A copy of this letter will also be mailed to the incorporators and all
objectors to the petition.

Section 6. Repeals Section 2-212 of the Village Law and adds a new

Section 2212 providing for the right to an election.

Section 7. Subdivision 5 of Section 2-220 of the Village Law is renum-
bered subdivision 6 and a new subdivision 5 is added to provide for
absentee ballots for village incorporation elections.

Section 8. Amends subdivision d of Section 2-232 of the Village Law that
requires a statement of the population of the territory as it appears in
the contents of the petition for incorporation.

Section 9. Applicability. The new provisions would apply to any proceed-
ing for the incorporation of a village where the right the right to an
election has not already accrued pursuant to the former Section 2-212 of
the Village Law.

Section 10. Severability Clause.

Section 11. Effective Date.

 
JUSTIFICATION:

The incorporation of new village can have significant tax and fiscal
impacts on taxpayers in both the proposed village and throughout the
town (or towns) in which a new village is to be located. It is imper-
ative that the financial impacts of the new village be assessed prior
the public vote on incorporation so that voters may make an informed
decision.

This legislation improves the current village incorporation process by
ensuring that voters possess all relevant information necessary to make
an informed decision. The review of such information by the State Comp-
troller will ensure that voters possess objective information reviewed
by an independent professional with no interest in the outcome of a
village incorporation proceeding.  In the past, the lack of such accu-
rate and objective financial information about a village incorporation
has led to the creation of new villages where voters were not adequately
informed about financial impacts and feasibility. The result has been
disappointment and disillusionment and ultimately dissolution, as was
the case with Villages of Mastic Beach and Pine Valley.
This legislation would require that a financial impact statement be
filed with a petition for incorporation that includes a proposed operat-
ing and capital budget, a description of services to be offered along
with their delivery method, a five-year property tax impact estimate on
both the territory to be incorporated and the remaining areas of the
town(s) affected, and an executive summary of the financial impact
statement on the territory to be incorporated and the remaining area of
the town(s).

Once the petition is filed with all the necessary requirements, the
supervisor(s) shall determine the legal sufficiency of the petition.
Upon a favorable determination, the petition will be submitted to the
New York State Department of Audit and Control.

The State Comptroller shall review the financial impact statement and
assess whether the significant revenue and expenditure projections in
the proposed operating budget are reasonable in light of the services
that would be provided; that the proposed capital budget clearly identi-
fies future capital needs and provides reasonable estimates of each
project's budgetary impact including debt service costs, impact on capi-
tal reserve funds and fund balance and future operating expenditures;
and 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
is reasonable in light of the proposed operating and capital budgets.
After review, the Comptroller shall issue a letter to be filed by the
Supervisor with the Town Clerk and made available for public inspection.
A copy of this letter will also be mailed to the incorporators and all
objectors to the petition.

An election to determine the question of incorporation shall be held no
later than 40 days after the filing of the Comptroller's letter with the
Town Clerk. The decisions of the Supervisor would be subject to review
under Article 78 of the Civil Practice Laws and Rules. It is also noted
that the village incorporation law has been virtually unchanged in 56
years and requires additional updating and modernization.

This legislation provides that a territory containing a population of at
least 10,000 in a suburban town pursuant to Article 3-A of the town law
with a population of 75,000, or 2500 persons for all other towns
(increased from 500 persons), may be incorporated as a village.  Popu-
lation would be determined by the latest decennial federal census. The
requirement to list the names and addresses of each regular inhabitant
would be eliminated. In addition, consistent with voting reforms enacted
in New York State since the enactment of the village incorporation law
in 1964, property ownership would be eliminated as a basis for petition-
ing for village incorporation. Absentee ballots would also be available
for village incorporation elections.

These new provisions would apply to any incorporation proceeding where
the right to an election has not already accrued before the effective
date of this act.

 
LEGISLATIVE HISTORY:

2020: A.9939/S.7375-A

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1657B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1657--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 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 -- 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:
 
   Section  1. Section 2-200 of the village law, subdivision 2 as amended
 by chapter 932 of the laws of 1974, is amended to read as follows:
   § 2-200 Population and area requirements. 1. A territory containing  a
 population  of  at least [five] TEN THOUSAND IN A SUBURBAN TOWN PURSUANT
 TO ARTICLE THREE-A OF THE TOWN LAW WITH  A  POPULATION  OF  SEVENTY-FIVE
 THOUSAND  OR MORE OR TWENTY-FIVE hundred persons [who are regular inhab-
 itants thereof, as hereinafter defined,] FOR  ALL  OTHER  TOWNS  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:
   a. do not contain more than five square miles; or
   b.  are coterminous with the entire boundaries of a school, fire, fire
 protection, fire alarm, town special or town improvement district; or
   c. are coterminous with parts of  the  boundaries  of  more  than  one
 school, fire, fire protection, fire alarm, town special or town improve-
 ment  district, all of which are wholly contained within such limits and
 within one town; or
   d. are coterminous with the entire boundaries of a town.
   2. The [words "regular inhabitants" as used herein and for the purpose
 of this article 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,

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

                                                            LBD05824-09-1

 S. 1657--B                          2

 maintain  a  residence  outside  such  territory  which is used as their
 address for purposes of voting]  POPULATION  OF  A  TERRITORY  SHALL  BE
 DETERMINED ON THE BASIS OF THE MOST RECENT DECENNIAL FEDERAL CENSUS.
   §  2.  Section 2-202 of the village law, subparagraph 2 of paragraph f
 of subdivision 1 as amended by chapter 181  of  the  laws  of  2004,  is
 amended to read as follows:
   §  2-202  Petition for incorporation. 1. A proceeding for the incorpo-
 ration of such territory as a village shall commence  with  a  petition.
 The requirements for such petition are as follows:
   a.  Petitioners.  [Either  one  or both of the following two groups of
 persons may petition for such incorporation:
   (1)] At least twenty [per cent]  PERCENT  of  the  residents  of  such
 territory  qualified to vote for town officers in a town in which all or
 part of such territory is located SHALL SIGN SUCH PETITION.
   [(2) 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 in which such territory is located. However,
 if such territory is located in more than one town it shall be  required
 in  computing  such  percentage  to equalize the assessed valuations for
 each town; furthermore, in such case, the petition must be signed by the
 owners of more than fifty percent in full valuation of the real property
 in each part of each town in such territory and computed separately  for
 each such part, and assessed upon the last completed assessment rolls of
 the towns in which any part of such territory is located. 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  a  signer of such petition shall, for the purpose of ascer-
 taining the percentage of the assessed valuation upon which the petition
 is based, be considered as the owner of an interest in such real proper-
 ty equal to the result reached by dividing the assessed valuation by the
 number of owners thereof 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] THAT
 AT LEAST TWENTY PERCENT OF THE RESIDENTS  QUALIFIED  TO  VOTE  FOR  TOWN
 OFFICERS HAVE SIGNED SUCH PETITION.
   (2) The name of the proposed village.
   (3)  An  allegation  that  such  territory contains a population of at
 least [five] TEN THOUSAND IN A SUBURBAN TOWN PURSUANT TO ARTICLE THREE-A
 OF THE TOWN LAW WITH A POPULATION OF SEVENTY-FIVE THOUSAND  OR  MORE  OR
 TWENTY-FIVE  hundred  [regular  inhabitants] PERSONS FOR ALL OTHER TOWNS
 ACCORDING TO THE MOST RECENT DECENNIAL CENSUS.
   (4) The manner in which the area requirements of section 2-200 of this
 article are satisfied.
   (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.

 S. 1657--B                          3
 
   (6)  Each  page  of  the  petition and all exhibits and certifications
 shall be securely fastened together.
   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; (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
 one or more districts of an entire town.
   (2) A [list of the names and address of  the  regular  inhabitants  of
 such  territory]  COPY  OF  A FINANCIAL IMPACT STATEMENT. SUCH FINANCIAL
 IMPACT STATEMENT SHALL INCLUDE THE FOLLOWING: (A) A  PROPOSED  OPERATING
 BUDGET  FOR  THE  TERRITORY  TO  BE INCORPORATED; (B) A PROPOSED CAPITAL
 BUDGET FOR THE TERRITORY TO BE INCORPORATED; (C) A  DESCRIPTION  OF  THE
 SERVICES  THAT  WOULD  BE  PROVIDED BY THE PROPOSED VILLAGE AND HOW SUCH
 SERVICES WOULD BE DELIVERED; (D) 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; AND (E) AN EXECUTIVE SUMMARY OF SUCH FINAN-
 CIAL IMPACT STATEMENT, INCLUDING THE ESTIMATED REAL PROPERTY TAX  IMPACT
 ON  THE  TERRITORY TO BE INCORPORATED AND THE REMAINING AREA OF THE TOWN
 OR TOWNS.
   d. [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  or  affidavits
 certifying as follows:
   (1) If such territory is located entirely in one town, a certification
 by  an  assessor  thereof  certifying to the total assessed valuation of
 such territory and the correct total amount thereof owned by the signers
 of the petition, or
   (2) If such territory is located  in  more  than  one  town,  separate
 certifications  by an assessor of each town certifying to the total full
 valuation of that portion of such territory located in such town and the
 correct total amount of full valuation of real property in such territo-
 ry and town owned by the  signers  of  the  petition,  as  specified  in
 subparagraph two of paragraph a of subdivision one of this section.
   e.]  Execution  of petition. (1) 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] THAT
 THE PETITIONERS ARE RESIDENTS OF THE TERRITORY TO BE INCORPORATED QUALI-
 FIED  TO VOTE FOR TOWN OFFICERS IN SUCH TERRITORY AND THAT THE petition-
 ers' [familiarity] ARE FAMILIAR with the contents and purpose  [thereof]
 OF SUCH PETITION and the boundaries of the territory sought to be incor-
 porated.
   (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 per  cent  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 in accordance  with  subparagraph  two  of
 paragraph a of subdivision one of this section].

 S. 1657--B                          4
 
   (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)
 
   [f]  E. Filing and deposit. (1) Filing. The original petition shall be
 filed with a supervisor of the town in which all or the greatest part of
 such territory is located. Duplicate  originals,  photocopies  or  other
 similar  reproductions  of  the  original petition shall be filed with a
 supervisor of each other town in which any portion of such territory  is
 located.
   (2)  Deposit.  At  the  time  of filing of the petition there shall be
 deposited with each supervisor with whom the original or a copy  of  the
 original  is  filed,  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 incorporation is not
 effected.
   § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
 amended by chapter 167 of the laws of 1985 and paragraph e as amended by
 chapter 561 of the laws of 1975, is amended to read as follows:
   1.  The  supervisor,  or supervisors if a joint hearing, with whom the
 petition 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 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 a town  in
 which  all or part of such territory is located, that such allegation is
 false;

 S. 1657--B                          5

   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  or
 in full valuation of the real property in each part of each town in such
 territory  and  computed  separately for each such part, as the case may
 be, assessed upon the last completed assessment roll  or  rolls  of  the
 town  or  towns  in which all or part of such territory is located, that
 such allegation is false] THAT THE ALLEGATION THAT THE PETITION  CONSTI-
 TUTES TWENTY PERCENT OF THE RESIDENTS OF THE TERRITORY QUALIFIED TO VOTE
 FOR OFFICERS OF A TOWN IN WHICH ALL OR PART OF SUCH TERRITORY IS LOCATED
 IS FALSE;
   [d] C. That such territory is part of a city or village;
   [e] D. That if such territory is less than an 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 one town;
   [f] E. That such territory does not contain a population of  at  least
 [five]  TEN  THOUSAND  IN A SUBURBAN TOWN PURSUANT TO ARTICLE THREE-A OF
 THE TOWN LAW WITH A POPULATION OF SEVENTY-FIVE THOUSAND OR MORE OR TWEN-
 TY-FIVE hundred [regular inhabitants] PERSONS FOR ALL OTHER TOWNS;
   [g] F. That the petition in  any  other  specified  respect  does  not
 conform to the requirements of this article.
   §  4.  Subdivisions  1  and  4 of section 2-210 of the village law are
 amended to read as follows:
   1. The decision of the supervisor  or  supervisors  as  to  the  legal
 sufficiency  of  the  petition PURSUANT TO SECTION 2-208 OF THIS ARTICLE
 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 OR HER 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.
   4. In addition to the requirements of said article seventy-eight:
   a. Notice of such a proceeding shall be given to  the  town  clerk  of
 each  town in which any part of such territory is located. [He] THE TOWN
 CLERK shall cause same to be filed in [his] THE CLERK'S office.
   b. If the proceeding be brought to  review  [a]  AN  ADVERSE  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 2-204 of this article 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.

 S. 1657--B                          6
 
   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.
   § 5. The village law is amended by adding a new section 2-211 to  read
 as follows:
   §  2-211 REVIEW OF THE STATE COMPTROLLER. 1. WITHIN TEN DAYS AFTER THE
 FIRST OCCURRING OF EITHER THE EXPIRATION OF THIRTY DAYS FROM THE  FILING
 OF  THE  ORIGINAL DECISION SUSTAINING THE LEGAL SUFFICIENCY OF THE PETI-
 TION AND NO PROCEEDING HAVING BEEN INSTITUTED TO  REVIEW  SAME,  OR  THE
 FILING  OF A FINAL ORDER SUSTAINING THE PETITION AFTER SUCH A PROCEEDING
 TO REVIEW, EACH SUPERVISOR WITH WHOM SAME WERE FILED SHALL FILE  A  COPY
 OF  THE  PETITION  WITH  THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND
 CONTROL LOCATED IN ALBANY.
   2. THE STATE COMPTROLLER SHALL REVIEW THE FINANCIAL IMPACT  STATEMENT,
 INCLUDING  THE  PROPOSED  OPERATING BUDGET, THE PROPOSED CAPITAL BUDGET,
 THE DESCRIPTION OF THE SERVICES THAT WOULD BE PROVIDED BY  THE  PROPOSED
 VILLAGE  AND  HOW  SUCH  SERVICES  WOULD BE DELIVERED, AND THE ESTIMATED
 PROPERTY TAX IMPACT FOR A FIVE-YEAR PERIOD ON THE TERRITORY TO BE INCOR-
 PORATED AND THE REMAINING AREA OF THE TOWN OR TOWNS.   THE  STATE  COMP-
 TROLLER SHALL MAKE SUCH REVIEW UPON THE ORIGINAL FINANCIAL IMPACT STATE-
 MENT  AS  FILED  BY  THE  SUPERVISOR  OR  SUPERVISORS,  AND  MAY REQUEST
 ADDITIONAL INFORMATION OR DATA IN SUCH FORM AND  DETAIL  AS  HE  OR  SHE
 DEEMS SUFFICIENT TO AID IN REVIEWING SUCH FINANCIAL IMPACT STATEMENT.
   3.  THE  STATE  COMPTROLLER  SHALL  ISSUE  A LETTER TO EACH SUPERVISOR
 REVIEWING THE FINANCIAL IMPACT STATEMENT FOR THE PROPOSED VILLAGE INCOR-
 PORATION.
   4. IN REVIEWING THE FINANCIAL IMPACT STATEMENT, THE STATE  COMPTROLLER
 SHALL REVIEW WHETHER:
   A. THE SIGNIFICANT REVENUE AND EXPENDITURE PROJECTIONS IN THE PROPOSED
 OPERATING  BUDGET  ARE REASONABLE IN LIGHT OF THE SERVICES THAT WOULD BE
 PROVIDED;
   B.   THE PROPOSED CAPITAL BUDGET  CLEARLY  IDENTIFIES  FUTURE  CAPITAL
 NEEDS  AND  PROVIDES  REASONABLE  ESTIMATES  OF EACH PROJECT'S BUDGETARY
 IMPACT, INCLUDING DEBT SERVICE COSTS, IMPACT ON  CAPITAL  RESERVE  FUNDS
 AND FUND BALANCE, AND FUTURE OPERATING EXPENDITURES; AND
   C.  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
 IS REASONABLE IN LIGHT OF THE PROPOSED OPERATING AND CAPITAL BUDGETS.
   5. SAID LETTER SHALL BE DELIVERED TO EACH SUPERVISOR WITHIN SIXTY DAYS
 OF SUBMISSION TO THE STATE COMPTROLLER. EACH  SUPERVISOR  SHALL  FILE  A
 COPY  OF  THE LETTER OF THE STATE COMPTROLLER WITH THE TOWN CLERK WITHIN
 FIVE DAYS  OF  RECEIPT.  SAID  LETTER  SHALL  BE  AVAILABLE  FOR  PUBLIC
 INSPECTION. A COPY OF SAID LETTER SHALL ALSO BE MAILED TO THE INCORPORA-
 TORS DESIGNATED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH B OF SUBDIVI-
 SION ONE OF SECTION 2-202 OF THIS ARTICLE AND ALL OBJECTORS TO THE PETI-
 TION,  PURSUANT TO SECTION 2-204 OF THIS ARTICLE, BY REGULAR MAIL WITHIN
 FIVE DAYS OF RECEIPT.
   § 6. Section 2-212 of the village law is REPEALED and  a  new  section
 2-212 is added to read as follows:
   § 2-212 RIGHT TO ELECTION. 1. AN ELECTION TO DETERMINE THE QUESTION OF
 INCORPORATION SHALL BE HELD NO LATER THAN FORTY DAYS AFTER THE FILING OF
 THE LETTER OF THE STATE COMPTROLLER WITH THE TOWN CLERK.
   2.  THE PROVISIONS OF THE ELECTION LAW NOT INCONSISTENT HEREWITH SHALL
 APPLY TO SUCH ELECTION SO FAR AS THE SAME ARE PRACTICABLE.

 S. 1657--B                          7
 
   § 7. Subdivision 5 of section 2-220 of the village law  is  renumbered
 subdivision 6 and a new subdivision 5 is added to read as follows:
   5.  ABSENTEE  BALLOTS  SHALL BE PROVIDED FOR SUCH ELECTION IN THE SAME
 MANNER AS A SPECIAL TOWN ELECTION PURSUANT TO SECTION  EIGHTY-FOUR-A  OF
 THE  TOWN  LAW, PROVIDED THAT THE APPLICANT FOR AN ABSENTEE BALLOT SHALL
 BE A RESIDENT OF SUCH TERRITORY QUALIFIED TO VOTE FOR TOWN OFFICERS.
   § 8. Subdivision d of section 2-232 of the village law is  amended  to
 read as follows:
   d.  A  statement  of the population of the territory as it appears [by
 the exhibit attached to] IN THE CONTENTS OF the  petition  for  incorpo-
 ration.
   §  9.  Applicability.  This  act shall apply to any proceeding for the
 incorporation of a village where the  right  to  election  has  not  yet
 accrued pursuant to the former section 2-212 of the village law.
   §  10.  Severability. If any provision of this act, or any application
 of any provision of this act, is held to  be  invalid,  that  shall  not
 affect the validity or effectiveness of any other provision of this act,
 or  of  any other application of any provision of this act, which can be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   § 11. This act shall take effect immediately.

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Senate Bill S1657B

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2021-S1657 - Details

2021-S1657 - Summary

2021-S1657 - Sponsor Memo

2021-S1657 - Bill Text download pdf

2021-S1657A - Details

2021-S1657A - Summary

2021-S1657A - Sponsor Memo

2021-S1657A - Bill Text download pdf

2021-S1657B (ACTIVE) - Details

2021-S1657B (ACTIVE) - Summary

2021-S1657B (ACTIVE) - Sponsor Memo

2021-S1657B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1657B

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Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2021-S1657 - Details

2021-S1657 - Summary

2021-S1657 - Sponsor Memo

2021-S1657 - Bill Text download pdf

2021-S1657A - Details

2021-S1657A - Summary

2021-S1657A - Sponsor Memo

2021-S1657A - Bill Text download pdf

2021-S1657B (ACTIVE) - Details

2021-S1657B (ACTIVE) - Summary

2021-S1657B (ACTIVE) - Sponsor Memo

2021-S1657B (ACTIVE) - Bill Text download pdf

Comments