S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7754
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. THIELE, SHIMSKY -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the village law, in relation  to  the  incorporation  of
   villages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of  section  2-200  of  the  village  law  is
 amended to read as follows:
   1.  A territory containing a population of at least [five hundred] TWO
 THOUSAND persons who are regular  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 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. 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]  SIGNATURES  FROM  AT  least twenty [per cent] PERCENT of the
 residents of such territory qualified to vote for  town  officers  in  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11709-02-3
              

 A. 7754                             2
 
 town in which all or part of such territory is located SHALL BE REQUIRED
 IN ORDER TO COMMENCE A PROCEEDING FOR THE INCORPORATION OF SUCH TERRITO-
 RY AS A VILLAGE.
   [(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.
   (2) The name of the proposed village.
   (3) An allegation that such territory  contains  a  population  of  at
 least [five hundred] TWO THOUSAND regular inhabitants.
   (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:
   (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.
   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
 A. 7754                             3

 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 peti-
 tioners' familiarity with the contents and purpose thereof and the boun-
 daries of the territory sought to be incorporated.
   (3) Additional information. Following each signature  there  shall  be
 set  forth, not necessarily by the signer, the signer's address consist-
 ing of street name and number, if any, and town[; and, if  the  petition
 is  based  on  the  ownership of more than fifty 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:
 
 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)
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   [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] THAT THE PETITION DOES NOT
 CONTAIN THE SIGNATURES OF AT LEAST twenty  [per  cent]  PERCENT  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
 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;
   d.] 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 hundred] TWO THOUSAND regular inhabitants;
   [g.] F. That the petition in any  other  specified  respect  does  not
 conform to the requirements of this article; OR
   G.  THAT  A  STUDY  HAS NOT BEEN CONDUCTED ON THE FISCAL, SERVICE, AND
 TAXATION INTERESTS OF THE POPULATION WHICH WOULD  CONSTITUTE  THE  RESI-
 DENTS OF SUCH VILLAGE AND THE POPULATION WHICH CONSTITUTES THE RESIDENTS
 OF SUCH TOWN IN WHICH SUCH VILLAGE WOULD BE ESTABLISHED.
   §  4. The village law is amended by adding a new section 2-260 to read
 as follows:
 A. 7754                             5
 
   § 2-260 FISCAL STUDY REPORTING. 1. A FISCAL STUDY REQUIRED PURSUANT TO
 PARAGRAPH G OF SUBDIVISION ONE OF SECTION 2-206 OF THIS ARTICLE SHALL BE
 COMPLETED PRIOR TO ANY VILLAGE INCORPORATION ELECTION TAKES PLACE.
   2.  SUCH  FISCAL  STUDY  REFERENCED IN SUBDIVISION ONE OF THIS SECTION
 SHALL BE SUBMITTED TO THE DEPARTMENT OF STATE AND SHALL BE POSTED BY THE
 DEPARTMENT OF STATE  ON  THE  PUBLIC  FACING  PORTION  OF  ITS  WEBSITE;
 PROVIDED  HOWEVER,  THAT  APPROVAL  OF  A VILLAGE INCORPORATION PETITION
 SHALL NOT BE DEEMED EFFECTIVE UNTIL THE STUDY  HAS  BEEN  COMPLETED  AND
 PUBLICLY POSTED FOR A MINIMUM OF NINETY DAYS.
   §  5.  This  act shall take effect immediately; provided however, that
 for village incorporation petitions that have collected signatures prior
 to the effective date of this act, nothing in this act shall  deem  such
 petition  signatures  invalid; and provided further, that the provisions
 of this act shall apply  to  all  such  existing  village  incorporation
 petitions,  including, without limitation, the new requirements pursuant
 to section 2-260 of the village law; and  provided  further,  that  such
 existing  village incorporation petitions shall be required to add addi-
 tional signatures, if necessary, to meet the  new  population  threshold
 established by section 2-200 of the village law.