LBD11710-14-4
S. 8001 2
(A) FISCAL, SERVICE, AND TAXATION ASSESSMENT OF PROPOSED VILLAGE. AN
ASSESSMENT OF THE FISCAL, SERVICE, AND TAXATION INTERESTS OF THE POPU-
LATION WHICH WOULD CONSTITUTE THE RESIDENTS OF SUCH TERRITORY TO BE
INCORPORATED AS A VILLAGE, MUST INCLUDE THE FOLLOWING ELEMENTS OF THE
PROPOSED VILLAGE:
(I) INVENTORY. LIST THE NUMBER OF PARCELS BY PROPERTY CLASSIFICATION.
FOR EACH SUCH PROPERTY, LIST THE FULL VALUATION AND TAXABLE ASSESSED
VALUE AS APPEARING ON THE MOST RECENT APPLICABLE FINAL ASSESSMENT ROLL.
(II) TAXES. PROVIDE A FISCAL ESTIMATE OF ALL TAXES THAT COULD BE
COLLECTED FOR THE STRUCTURES AND PLACES LISTED ON THE INVENTORY THIS
CLAUSE REQUIRES TO BE DEVELOPED. THE TOWN OR TOWNS' CURRENT PROPERTY TAX
RATE AND ASSESSMENT SHOULD BE USED IN DEVELOPING THE FISCAL ESTIMATE.
(III) REVENUE. OTHER THAN TAXES, LIST ALL OTHER SOURCES OF REVENUE
EXPECTED TO BE GENERATED FOR THE AREA OF THE PROPOSED VILLAGE.
(IV) OPERATIONS. PROVIDE AN ESTIMATE OF WHAT IT WOULD COST TO OPERATE
THE PROPOSED VILLAGE LISTING EXPENDITURES REQUIRED IN CONNECTION WITH
THE APPOINTMENT OR HIRING OF PERSONNEL TO PROVIDE THE SERVICES IDENTI-
FIED PURSUANT TO ITEM (V) OF THIS CLAUSE, THE HOLDING OF MEETINGS OF THE
BOARD OF TRUSTEES, AND DESIGNATING AN OFFICIAL NEWSPAPER.
(V) SERVICES. LIST THE MUNICIPAL SERVICES CURRENTLY PROVIDED WITHIN
THE AREA OF THE PROPOSED VILLAGE AND HOW SUCH SERVICES ARE PROVIDED,
LIST ALL MUNICIPAL SERVICES PROPOSED TO BE PROVIDED UPON INCORPORATION
OF THE PROPOSED VILLAGE, AND HOW SUCH MUNICIPAL SERVICES ARE EXPECTED TO
BE PROVIDED. MUNICIPAL SERVICES MAY INCLUDE, BUT ARE NOT LIMITED TO:
POLICE; FIRE; WATER; SEWER; ENFORCEMENT OF ANY PLANNING, ZONING, AND
LAND USE REGULATIONS; AND, ENFORCEMENT OF THE NEW YORK STATE UNIFORM
FIRE PREVENTION AND BUILDING CODE AND ENERGY CONSERVATION CONSTRUCTION
CODE.
(B) IMPACT ASSESSMENT AND STUDY OF SURROUNDING TOWN OR TOWNS. AN
IMPACT ASSESSMENT THAT PROVIDES AN EVALUATION OF THE FISCAL AND OPERA-
TIONAL EFFECTS OF INCORPORATION OF THE PROPOSED VILLAGE ON THE SURROUND-
ING TOWN OR TOWNS WHEREIN THE VILLAGE WOULD BE INCORPORATED, MUST
INCLUDE THE FOLLOWING ELEMENTS:
(I) REVENUE AND EXPENDITURES. LIST THE ESTIMATED TAXES, OTHER REVENUE
AND EXPENDITURES FOR THE AREA OF THE TOWN OR TOWNS OUTSIDE OF THE
PROPOSED VILLAGE.
(II) FISCAL IMPACT. A DESCRIPTION OF THE MANNER AND MEANS BY WHICH THE
RESIDENTS OF THE AREA OF THE TOWN OR TOWNS OUTSIDE THE PROPOSED VILLAGE
WILL CONTINUE TO BE FURNISHED MUNICIPAL SERVICES FOLLOWING THE VILLAGE'S
INCORPORATION, AN ESTIMATION OF ANY CHANGE IN THE PROPERTY TAX RATE FOR
THE AREA OF THE TOWN OR TOWNS OUTSIDE OF THE PROPOSED VILLAGE TO CONTIN-
UE SUCH SERVICES. PROVIDE SUCH ESTIMATE WITH RESPECT TO THE AREA OF THE
TOWN OR TOWNS OUTSIDE THE PROPOSED VILLAGE SERVICES ONLY.
(III) ECONOMIC IMPACT. ASSESS THE POTENTIAL ECONOMIC IMPACT TO THE
TOWN OR TOWNS OUTSIDE OF THE PROPOSED VILLAGE UPON INCORPORATION OF SUCH
VILLAGE.
(IV) LAND USE IMPACT. ASSESS THE POTENTIAL IMPACT TO THE TOWN OR TOWNS
OUTSIDE OF THE PROPOSED VILLAGE FROM THE LOSS OF LAND USE, PLANNING AND
ZONING CONTROL WITHIN THE AREA PROPOSED TO BE INCORPORATED.
(C) SUBMISSION. THE STUDY MUST BE SUBMITTED TO THE COMMISSION AND
FILED IN THE MANNER PROVIDED BY THIS SUBDIVISION.
§ 3. Paragraph f of subdivision 1 of section 2-202 of the village law,
as amended by a chapter of the laws of 2023 amending the village law
relating to establishing the village incorporation commission as
proposed in legislative bills numbers S. 7537 and A. 7761, is amended to
read as follows:
S. 8001 3
f. Filing and deposit. (1) Filing. The original petition, THE STUDY
AND ALL EXHIBITS AND CERTIFICATIONS REQUIRED BY THIS SECTION shall be
filed with the [village incorporation commission established pursuant to
section 2-259 of this article] COMMISSION. DUPLICATE ORIGINALS, PHOTOCO-
PIES OR OTHER SIMILAR REPRODUCTIONS OF THE ORIGINAL PETITION, THE STUDY
AND ALL EXHIBITS AND CERTIFICATIONS REQUIRED BY THIS SECTION SHALL BE
FILED WITH THE TOWN CLERK OF EACH 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 the DEPARTMENT OF STATE, ON BEHALF OF THE commission, the
sum of six thousand dollars to pay the cost of posting, publishing and
serving required notices, stenographic services and services of inspec-
tors of election in the event incorporation is not effected.
§ 4. Section 2-204 of the village law, as amended by a chapter of the
laws of 2023 amending the village law relating to establishing the
village incorporation commission as proposed in legislative bills
numbers S. 7537 and A. 7761, is amended to read as follows:
§ 2-204 Notice of hearing. [Within twenty days after the filing of
such petition or copies thereof, the village incorporation commission
established pursuant to section 2-259 of this article shall] 1. NO LATER
THAN THREE DAYS AFTER THE FILING OF A PETITION, THE STUDY AND ALL EXHIB-
ITS AND CERTIFICATIONS REQUIRED BY SECTION 2-202 OF THIS ARTICLE OR
COPIES THEREOF, THE COMMISSION SHALL DIRECT THE TOWN CLERK OF EACH TOWN
IN WHICH ANY PORTION OF SUCH TERRITORY IS LOCATED TO cause to be posted
in [five] SIX public places OF THE PORTION OF THE TERRITORY OF EACH TOWN
WHERE SUCH PROPOSED VILLAGE IS TO BE located [in the territory where
such village shall be incorporated] and also to be published at least
twice in the newspaper or newspapers designated pursuant to subdivision
eleven of section sixty-four of the town law, a [joint] notice issued by
the commission: that a petition for the incorporation of the village of
(naming it) has been received; that at a place in such territory and on
a day, not less than [twenty] ONE HUNDRED nor more than [thirty] ONE
HUNDRED TWENTY days after the date of the posting and first publication
of such notice, which date and place shall be specified therein, a hear-
ing will be had upon such petition; that such petition, THE STUDY AND
ALL EXHIBITS AND CERTIFICATIONS REQUIRED BY SECTION 2-202 OF THIS ARTI-
CLE, will be available for public inspection in the office of each town
clerk AND ON THE WEBSITE OF THE DEPARTMENT OF STATE until the date of
such hearing; that the purpose of the hearing is to consider [the legal
sufficiency of the petition] WHETHER THE VILLAGE INCORPORATION PETITION
MEETS ALL REQUIREMENTS OF THIS ARTICLE; that objections to the [legal]
sufficiency of the petition must be in writing and signed by one or more
of the residents of such town; and that any group of persons having one
or more objections in common may make designation in writing and signed
by them of at least one but no more than three persons giving the full
names and addresses on whom and at which addresses all papers required
to be served in connection with the proceeding for incorporation shall
be served. WITHIN FIVE DAYS OF RECEIVING DIRECTION FROM THE COMMISSION
PURSUANT TO THIS SUBDIVISION, THE TOWN CLERK OR CLERKS SHALL PROVIDE TO
THE COMMISSION A LIST OF THE SIX LOCATIONS WHERE SUCH NOTICES ARE TO BE
POSTED. SHOULD THE COMMISSION OBJECT TO ANY SUCH LOCATIONS SUBMITTED BY
THE TOWN CLERK OR CLERKS, THE COMMISSION SHALL, NO LATER THAN SEVEN DAYS
AFTER RECEIPT OF SUCH LIST OF LOCATIONS, DIRECT THE TOWN CLERK OR CLERKS
TO POST SUCH NOTICES IN ALTERNATIVE LOCATIONS DESIGNATED BY THE COMMIS-
SION. THE POSTINGS OF SUCH NOTICES SHALL BE MADE BY THE TOWN CLERK OR
CLERKS NO LATER THAN TWENTY DAYS AFTER THE FILING OF SUCH PETITION, THE
S. 8001 4
STUDY AND ALL EXHIBITS AND CERTIFICATIONS REQUIRED BY SECTION 2-202 OF
THIS ARTICLE OR COPIES THEREOF. A majority of such designees must reside
in such town or towns. In the absence of any other suitable place, such
hearing shall be held in a school building, if any, located in such
territory. If such territory is located in more than one town [the hear-
ing shall be noticed and publicized as a joint hearing of all such
towns] THAT FACT SHALL BE INCLUDED IN THE NOTICE OF HEARING. For the
purposes of this section, in the event that the town maintains a
website, one of the posting requirements required by this section may be
fulfilled by posting such information on the town's website.
2. THE DEPARTMENT OF STATE SHALL POST THE STUDY ON THE DEPARTMENT OF
STATE'S WEBSITE BEGINNING AT SUCH TIME AS REQUIRED BY SECTION 2-202 OF
THIS ARTICLE AT LEAST UNTIL THE PROCEDURES PURSUANT TO SECTION 2-234 OR
2-236 OF THIS ARTICLE ARE SATISFIED, WHICHEVER OCCURS SOONER.
§ 5. Section 2-206 of the village law, as amended by a chapter of the
laws of 2023 amending the village law relating to establishing the
village incorporation commission as proposed in legislative bills
numbers S. 7537 and A. 7761, is amended to read as follows:
§ 2-206 Proceeding on hearing. 1. The [village incorporation] commis-
sion [established pursuant to section 2-259 of this article] shall meet
at the time and place specified in such notice and shall hear objections
which may be presented as to the 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. That such territory is part of a city or village;
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;
e. That such territory does not contain a population of at least [two]
ONE thousand FIVE HUNDRED regular inhabitants;
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 or the population which constitutes the residents
of such town in which such village would be established; or
h. That the establishment of such village is not in the fiscal,
service, and taxation interests of the population which would constitute
the residents of such village or the population which constitutes the
residents of such town in which such village would be established.] AS
REQUIRED BY SECTION 2-202 OF THIS ARTICLE HAS NOT BEEN SUBMITTED AND
MADE AVAILABLE TO THE PUBLIC FOR PUBLIC REVIEW FOR AT LEAST NINETY DAYS
BEFORE THE HEARING REQUIRED BY THIS ARTICLE;
H. THAT THE PROPOSED VILLAGE IS INCAPABLE OF PROVIDING SERVICES;
I. THAT THE TAX REVENUE COLLECTED BY SUCH PROPOSED VILLAGE WOULD NOT
SUFFICIENTLY DEFRAY THE COST OF MUNICIPAL SERVICES AT A PROPERTY TAX
S. 8001 5
RATE THAT FAVORABLY COMPARES TO THE PROPERTY TAX RATE OF THE TOWN OR
TOWNS; OR
J. THAT THE INCORPORATION WOULD INCREASE TAX BURDENS ON THOSE LOCATED
IN THE TOWN OR TOWNS WITHIN WHICH SUCH PROPOSED VILLAGE WOULD BE ESTAB-
LISHED.
2. The commission shall conduct the hearing.
3. All objections must be in writing and signed by one or more resi-
dents qualified to vote for town offices a town in which all or part of
such territory of the proposed village is located. Testimony as to
objections may be taken at the hearing which shall be reduced to writing
and subscribed by those testifying. [The burden of proof shall be on the
objectors.] All written objections and signed testimony shall clearly
state the name and address of the objector.
4. The hearing may be adjourned but must be concluded within twenty
days from the date fixed in the notice of hearing.
5. THE TOWN CLERK AND ANY OTHER OFFICIAL OR EMPLOYEE OF EACH TOWN IN
WHICH ANY PORTION OF SUCH TERRITORY IS LOCATED SHALL ASSIST THE COMMIS-
SION IN VERIFYING THE VALIDITY OF THE PETITION IN CONNECTION WITH ANY
OBJECTION RAISED PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION ONE OF THIS
SECTION.
§ 6. Section 2-208 of the village law, as amended by a chapter of the
laws of 2023 amending the village law relating to establishing the
village incorporation commission as proposed in legislative bills
numbers S. 7537 and A. 7761, is amended to read as follows:
§ 2-208 Decision [as] to COMMENCE village [establishment] INCORPO-
RATION ELECTION. 1. Within ten days after such hearing is concluded the
[village incorporation] commission [established pursuant to section
2-259 of this article] shall determine whether the petition complies
with the requirements of this article and shall make and sign a decision
as to whether a village incorporation shall proceed to election [pursu-
ant to the criteria established in section 2-259 of this article]. THE
COMMISSION'S DECISION SHALL BE BASED ON AN EVIDENTIARY RECORD CONSISTING
OF THE INCORPORATION PETITION, THE STUDY AND ALL EXHIBITS AND CERTIF-
ICATIONS REQUIRED BY SECTION 2-202 OF THIS ARTICLE, AND ANY OBJECTIONS
MADE PURSUANT TO SECTION 2-206 OF THIS ARTICLE. IF THE MEMBERS OF THE
COMMISSION CANNOT AGREE, THE DECISION SHALL BE DEEMED TO BE ADVERSE TO
THE PETITION. If the decision be adverse to the petition, the decision
shall contain a brief statement of the reasons on which the adverse
decision is based OR THE REASONS ON WHICH THE MEMBERS OF THE COMMISSION
DETERMINED NOT TO PROCEED TO A VILLAGE INCORPORATION ELECTION.
2. The original copy of the decision, copies of the notice of the
hearing together with affidavits of posting and publishing same, the
written objections and the minutes of proceedings taken on the hearing
including signed testimony shall be filed by the commission within
fifteen days after the hearing is concluded, with the town clerk of the
same town in which the original copy of the petition was filed AND THE
SECRETARY OF THE STATE. Duplicate copies of the said papers shall be
filed with the town clerks of all [other] towns in which any part of
such territory is located.
3. If no proceeding be instituted to review such decision within thir-
ty days after such filing of the original copy thereof, the decision
shall be final and conclusive. In the event that the decision is adverse
to the petition, a new proceeding for incorporation may be commenced
immediately.
§ 7. Subdivisions 1 and 5 and paragraph a of subdivision 4 of section
2-210 of the village law, subdivision 1 as amended by a chapter of the
S. 8001 6
laws of 2023 amending the village law relating to establishing the
village incorporation commission as proposed in legislative bills
numbers S. 7537 and A. 7761, are amended to read as follows:
1. The decision of the [village incorporation] commission [established
pursuant to section 2-259 of this article] as to THE PETITION AND wheth-
er a village incorporation shall proceed to election shall be subject to
judicial review in [the manner provided in] ACCORDANCE WITH article
seventy-eight of the civil practice law and rules. [Such proceeding may
be brought on the ground or grounds that said decision is illegal, based
on insufficient evidence, or contrary to the weight of evidence. If the
court determines that additional testimony or evidence is necessary for
the proper disposition of the matter it may take such evidence or testi-
mony or appoint a referee to take such evidence or testimony as it may
direct and report the same to the court with his findings of fact and
conclusions of law which shall constitute a part of the proceeding upon
which the determination of the court shall be made. The court may
reverse or affirm on the basis of law and fact as determined by the
court.]
a. Notice of such a proceeding IN ACCORDANCE WITH ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES shall be given to the SECRE-
TARY AND THE town clerk of each town in which any part of such territory
is located[. He], EACH OF WHOM shall cause same to be filed in [his]
THEIR office.
5. The successful party to any such proceeding shall file a certified
copy of the decision and order in the office of the clerk of each town
in which any part of such territory is located AND WITH THE SECRETARY OF
STATE WHO SHALL GIVE NOTICE OF THE RECEIPT OF THE DECISION AND ORDER TO
THE COMMISSION WITHIN THREE DAYS.
§ 8. Section 2-212 of the village law is amended 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] ONE HUNDRED EIGHTY
days AND NO EARLIER THAN NINETY DAYS after the first occurring of either
of the following two events:
a. The expiration of thirty days from the filing of the original of a
decision [sustaining the legal sufficiency of the petition] BY THE
COMMISSION TO PROCEED TO A VILLAGE INCORPORATION ELECTION PURSUANT TO
SECTION 2-208 OF THIS ARTICLE and no proceeding having been instituted
to review same, or
b. The filing of a final order [sustaining the petition] AFFIRMING THE
DECISION OF THE COMMISSION TO PROCEED TO A VILLAGE INCORPORATION
ELECTION PURSUANT TO SECTION 2-208 OF THIS ARTICLE OR REVERSING THE
DECISION OF THE COMMISSION NOT TO PROCEED TO A VILLAGE INCORPORATION
ELECTION PURSUANT TO SECTION 2-208 OF THIS ARTICLE after such a proceed-
ing to review.
[c.] 2. The procedure for conducting said election shall be pursuant
to the election law.
§ 9. Section 2-214 of the village law, as amended by section 26 of
part X of chapter 62 of the laws of 2003, is amended to read as follows:
§ 2-214 Notice of election. [Within ten days after the right to an
election is complete] NO LATER THAN THREE DAYS AFTER THE RIGHT TO AN
ELECTION IS COMPLETE, THE COMMISSION SHALL DIRECT the town clerk of each
town in which any portion of such territory is located [shall cause to
be posted] TO POST in [five] SIX public places in that part of such
territory located in such town and also to be published at least twice
in the newspaper or newspapers designated pursuant to subdivision eleven
of section sixty-four of the town law, a joint notice by the clerks of
S. 8001 7
all such towns that at a convenient place in such territory, between the
hours of twelve o'clock noon and nine o'clock in the evening and on a
day not less than twenty nor more than thirty days after the date of the
posting and first publication, which date and place shall be specified
therein, an election will be held to determine whether the proposed
village of (naming it) shall be incorporated. NO LATER THAN FIVE DAYS
AFTER RECEIVING DIRECTION FROM THE COMMISSION, THE TOWN CLERK OR CLERKS
SHALL PROVIDE TO THE COMMISSION A LIST OF THE SIX LOCATIONS WHERE SUCH
NOTICES ARE TO BE POSTED. SHOULD THE COMMISSION OBJECT TO ANY SUCH
LOCATIONS SUBMITTED BY THE TOWN CLERK OR CLERKS, THE COMMISSION SHALL,
NO LATER THAN SEVEN BUSINESS DAYS AFTER RECEIPT OF SUCH LIST OF
LOCATIONS, DIRECT THE TOWN CLERK OR CLERKS TO POST SUCH NOTICES IN
ALTERNATIVE LOCATIONS DESIGNATED BY THE COMMISSION. IN SUCH INSTANCE,
THE POSTINGS OF SUCH NOTICES SHALL BE MADE BY THE TOWN CLERK OR CLERKS
NO LATER THAN TWENTY DAYS AFTER THE RIGHT TO AN ELECTION IS COMPLETE.
Such election shall not be held on a day of a town election or of a
general election in a town in which any part of such territory is
located. For the purposes of this section, in the event that the town
maintains a website, one of the posting requirements required by this
section may be fulfilled by posting such information on the town's
website. SUCH POSTING SHALL ALSO BE MADE ON THE SECRETARY OF STATE'S
WEBSITE.
§ 10. Subdivisions 1 and 3 of section 2-218 of the village law, subdi-
vision 3 as amended by section 27 of part X of chapter 62 of the laws of
2003, are amended to read as follows:
1. Preparation. It shall be the duty of the clerk of each town in
which a portion of such territory is located to make and file in [his]
THEIR office, at least [ten] TWENTY days before such election an accu-
rate list of voters, alphabetically arranged, who are qualified to vote
at such election. Such list shall be copied from the registration poll
records for the last preceding general election, and shall be modified
in accordance with whatever information the town clerk may have or
receive from the board of elections.
3. Notice of availability of list for inspection and additions. Within
ten days after the right to an election is complete the town clerk of
each town in which any portion of such territory is located shall cause
to be posted in [five] SIX public places in that part of such territory
located in such town and also to be published at least twice in the
newspaper or newspapers designated pursuant to subdivision eleven of
section sixty-four of the town law, a notice: that a registration list
of voters qualified to vote at such election will be available for
inspection in [his] THEIR office between the hours of twelve o'clock
noon and nine o'clock in the evening on a day specified therein which
day shall not be on a Sunday and shall be at least three days prior to
such election; that at said time and place said list will be available
for inspection by the public; and also that at said time and place
persons claiming to be qualified to vote at such election whose names
are not on such list may, upon presentation of proper proofs, have their
names added thereto. PRIOR TO POSTING, THE TOWN CLERK OR CLERKS SHALL
PROVIDE TO THE COMMISSION A LIST OF THE SIX LOCATIONS WHERE SUCH NOTICES
ARE TO BE POSTED. SHOULD THE COMMISSION OBJECT TO ANY SUCH LOCATIONS
SUBMITTED BY THE TOWN CLERK OR CLERKS, THE COMMISSION SHALL, NO LATER
THAN SEVEN DAYS AFTER RECEIPT OF SUCH LIST OF LOCATIONS, DIRECT THE TOWN
CLERK OR CLERKS TO POST SUCH NOTICES IN ALTERNATIVE LOCATIONS DESIGNATED
BY THE COMMISSION. THE POSTINGS OF SUCH NOTICES SHALL BE MADE BY THE
TOWN CLERK OR CLERKS NO LATER THAN TWENTY DAYS AFTER THE RIGHT TO AN
S. 8001 8
ELECTION IS COMPLETE. For the purposes of this section, in the event
that the town maintains a website, one of the posting requirements
required by this subdivision may be fulfilled by posting such informa-
tion on the town's website.
§ 11. Subdivision 4 of section 2-220 of the village law is amended to
read as follows:
4. Powers and duties of inspectors. The inspectors shall execute the
constitutional oath of office and file same in the office of the town
clerk wherein was filed [the original] A copy of the petition. They
shall supervise and conduct such election and in connection therewith
shall possess all the powers conferred by law upon a board of inspectors
of election at a town election, so far as the same are applicable.
§ 12. Section 2-236 of the village law, as amended by a chapter of the
laws of 2023 amending the village law relating to establishing the
village incorporation commission as proposed in legislative bills
numbers S. 7537 and A. 7761, is amended to read as follows:
§ 2-236 Payment of expenses incurred in proceedings for incorporation
if village not incorporated. If the incorporation of the proposed
village be not effected by the proceedings authorized in this article,
the expenses incurred by the towns in which any part of such territory
is located for payment of cost of posting, publishing and serving
required notices, stenographic services and services of inspectors of
election shall be paid from the fund deposited with the [village incor-
poration commission established pursuant to section 2-259 of this arti-
cle] DEPARTMENT OF STATE, ON BEHALF OF THE COMMISSION. If such fund so
deposited is not sufficient to pay all of such expenses, the costs in
excess of such fund shall be a general town charge. Any unexpended
balance of such fund shall become a part of the general fund of the
town.
§ 13. The first paragraph d of subdivision 5 of section 2-254 of the
village law is relettered paragraph b.
§ 14. Section 2-259 of the village law, as added by a chapter of the
laws of 2023 amending the village law relating to establishing the
village incorporation commission as proposed in legislative bills
numbers S. 7537 and A. 7761, is renumbered 2-260 and amended to read as
follows:
§ 2-260 Village incorporation commission AND GENERAL ADMINISTRATION.
1. a. There is hereby established within the department of state a
village incorporation commission. The commission shall consist of three
members appointed as follows:
(1) one member appointed by the secretary of state;
(2) one member appointed by the comptroller; and
(3) one member appointed by the attorney general.
b. Each member of the commission shall serve a term of four years.
The members shall be eligible for reappointment and shall serve until
their successors are appointed and qualified, and the term of the
successor of any incumbent shall be calculated from the expiration of
the term of that incumbent. A vacancy occurring other than by expiration
of term shall be filled in the same manner as the original appointment,
but for the unexpired term only.
c. A majority of the members of the commission shall constitute a
quorum for the purpose of conducting the business thereof and a majority
vote of all the members in office shall be necessary for action.
D. THE MEMBER APPOINTED BY THE SECRETARY OF STATE SHALL BE CHAIRPERSON
OF THE COMMISSION, PROVIDED THAT IN THE ABSENCE OF THE SECRETARY OF
STATE'S APPOINTEE AT ANY MEETING OF THE BOARD THE APPOINTEE OF THE
S. 8001 9
ATTORNEY GENERAL OR THE COMPTROLLER, IN SUCH ORDER, IF EITHER OR BOTH BE
PRESENT, SHALL ACT AS CHAIRPERSON.
E. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
OTHER PUBLIC OFFICE, NOR SHALL EMPLOYMENT BE FORFEITED BY REASON OF THE
MEMBER'S APPOINTMENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY
GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE, COUNTY OR CITY CHARTER.
2. The commission shall HAVE POWERS AND DUTIES AS PROVIDED IN THIS
SUBDIVISION. A PETITIONER MAY SEEK RELIEF FROM THE COMMISSION UNDER
PARAGRAPH F OF THIS SUBDIVISION IN THE EVENT THAT THE PETITIONER OR
PETITIONERS AND TOWN OR TOWNS ARE UNABLE TO JOINTLY SELECT A THIRD-PARTY
TO PREPARE THE STUDY REQUIRED BY SECTION 2-202 OF THIS ARTICLE WITHIN
THIRTY-DAYS OF THE FILING OF SUCH A REQUEST WITH THE TOWN CLERK:
a. TO accept petitions filed pursuant to this article;
b. TO hold hearings as required by this article;
c. TO accept and deposit with the state comptroller all such monies
required to be paid by those seeking to incorporate a village pursuant
to this article; [and]
d. TO evaluate petitions filed pursuant to this article [and] TO
ENSURE ALL COMPONENTS REQUIRED BY SECTION 2-202 OF THIS ARTICLE HAVE
BEEN INCLUDED;
E. TO make decisions with regard to whether a village incorporation
election shall proceed based upon the commission's judgment of the
criteria established in sections 2-200 and 2-206 of this article and any
other requirements established in this article.
F. TO SELECT A THIRD-PARTY DESIGNEE FROM A LIST SUBMITTED BY THE PETI-
TIONER OR PETITIONERS AND TOWN OR TOWNS TO PREPARE THE STUDY REQUIRED TO
BE ATTACHED TO THE PETITION PURSUANT TO SECTION 2-202 OF THIS ARTICLE;
G. TO DIRECT THE TOWN CLERK OR CLERKS TO POST NOTICES OF HEARING IN
ALTERNATIVE LOCATIONS PURSUANT TO SECTION 2-204 OF THIS ARTICLE;
H. TO DIRECT THE TOWN CLERK OR CLERKS TO POST NOTICES OF ELECTION IN
ALTERNATIVE LOCATIONS PURSUANT TO SECTION 2-214 OF THIS ARTICLE; AND
I. TO DIRECT THE TOWN CLERK OR CLERKS TO POST NOTICES OF AVAILABILITY
OF LIST FOR INSPECTION AND ADDITIONS PURSUANT TO SECTION 2-218 OF THIS
ARTICLE.
3. Prior to issuing its decision with regard to whether a village
incorporation election shall proceed, AND UPON RECEIVING A COMPLETE
PETITION SEEKING VILLAGE INCORPORATION, the commission shall [complete
two studies after receiving a petition for village incorporation, which
shall take the following form:
a. The first study shall consist of a feasibility assessment, which
shall examine the proposed village's ability to provide services to its
population in an efficient manner. The feasibility study shall also
evaluate the proposed village's fiscal capacity to provide these
services; and
b. The second study shall consist of an impact assessment that shall
evaluate the fiscal and operational effects of incorporation on the
surrounding town and the rest of the local area. These impacts shall
include fiscal, service, political, environmental, and land use impacts.
c. In addition to the studies required pursuant to each petition for
village incorporation, the village incorporation commission shall also
produce a report on its recommendations with regard to the village
incorporation process pursuant to this article. Such report shall
provide the commission's analysis and recommendations on the following:
(i) The number of petitions required for a village incorporation peti-
tion;
(ii) The population required to incorporate a village;
S. 8001 10
(iii) Whether the signatures of the residents of such territory quali-
fied to vote for town officers in the unincorporated part of such town
that is not part of such territory where such village would be incorpo-
rated nor part of another village should be required in order to
commence a proceeding for the incorporation of such territory as a
village;
(iv) Whether the residents of such territory qualified to vote for
town officers in the unincorporated part of such town that is not part
of such territory where such village would be incorporated nor part of
another village would be entitled to vote in village incorporation
elections;
(v) Whether population density should be considered in the village
incorporation process;
(vi) Whether the requirements of this article are adequate to protect
the fiscal, service, and taxation interests of the residents of the
proposed village and those residents of the surrounding areas; and
(vii) Any other information and recommendations the village incorpo-
ration commission deems relevant.
d. The report required pursuant to paragraph c of this subdivision
shall be published on the public facing portion of the department of
state's website, and the secretary of state or his or her designee shall
transmit the commission's findings and recommendations to the speaker of
the assembly, the temporary president of the senate, and the governor on
or before two years from the effective date of this section.
4. The studies required pursuant to this section shall be paid by
funds appropriated pursuant to section two hundred thirty-nine-bb of the
general municipal law.
5. The commission's] REVIEW THE STUDY ATTACHED TO SUCH PETITION, AS
REQUIRED BY SECTION 2-202 OF THIS ARTICLE, TO DETERMINE WHETHER SUCH
STUDY CONFORMS TO THE REQUIREMENTS OF SECTION 2-202 OF THIS ARTICLE.
4. COMMISSION REVIEW. THE COMMISSION SHALL DETERMINE WHETHER:
A. THE PETITIONER HAS SUBMITTED A STUDY PURSUANT TO SECTION 2-202 OF
THIS ARTICLE HAVING ALL THE ELEMENTS REQUIRED BY THIS ARTICLE AND THAT
SUCH STUDY WAS PROVIDED FOR PUBLIC REVIEW ON THE DEPARTMENT OF STATE'S
WEBSITE FOR AT LEAST NINETY DAYS BEFORE ANY PUBLIC HEARING ON THE PETI-
TION;
B. THE PROPOSED VILLAGE IS CAPABLE OF PROVIDING SERVICES TO THE AREA
PROPOSED TO BE INCORPORATED;
C. THE TAX REVENUE COLLECTED BY SUCH PROPOSED VILLAGE WOULD SUFFI-
CIENTLY DEFRAY THE COST OF MUNICIPAL SERVICES AT A PROPERTY TAX RATE
THAT FAVORABLY COMPARES TO THE PROPERTY TAX RATE OF THE TOWN OR TOWNS;
AND
D. THE INCORPORATION WOULD INCREASE TAX BURDENS ON THOSE LOCATED WITH-
IN THE TOWN OR TOWNS WITHIN WHICH SUCH PROPOSED VILLAGE WOULD BE ESTAB-
LISHED.
5. A VILLAGE INCORPORATION ELECTION SHALL NOT PROCEED IF THE COMMIS-
SION DETERMINES BASED ON THE EVIDENTIARY RECORD THAT THE PETITION OR THE
STUDY OR OTHER EXHIBITS OR CERTIFICATIONS WITH THE PETITION DOES NOT
MEET THE REQUIREMENTS OF THIS ARTICLE OR THAT THE PROPOSED VILLAGE WOULD
NOT SATISFY THE CRITERIA OF PARAGRAPH B, C, OR D OF SUBDIVISION FOUR OF
THIS SECTION.
6. A NOTICE OF THE COMMISSION'S decision with regard to whether a
village incorporation shall proceed TO ELECTION shall be by majority
vote, and the [commission] DEPARTMENT OF STATE shall post a notice of
[its] THE COMMISSION'S decision on the public-facing portion of the
department of state's website. No village incorporation election shall
S. 8001 11
proceed in the event the commission rules adversely to such incorpo-
ration, except pursuant to the provisions of section 2-210 of this arti-
cle.
[6. No village incorporation election shall proceed until January
first, two thousand twenty-four.]
§ 15. Section 96 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. FOR RECEIPT OF A VILLAGE INCORPORATION PETITION PURSUANT TO
SECTION 2-202 OF THE VILLAGE LAW, TWO HUNDRED FIFTY DOLLARS.
§ 16. Subdivisions 1 and 2 of section 2-200 of the village law, subdi-
vision 1 as amended by a chapter of the laws of 2023 amending the
village law relating to establishing the village incorporation commis-
sion as proposed in legislative bills numbers S. 7537 and A. 7761 and
subdivision 2 as amended by chapter 932 of the laws of 1974, are amended
to read as follows:
1. A territory containing a population of at least [two] ONE thousand
FIVE HUNDRED 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. [The words "regular] DEFINITIONS. A. "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.
B. "COMMISSION" AS USED HEREIN AND FOR THE PURPOSES OF THIS ARTICLE
SHALL MEAN THE VILLAGE INCORPORATION COMMISSION, AS ESTABLISHED BY
SECTION 2-260 OF THIS ARTICLE.
C. "SECRETARY" AS USED HEREIN AND FOR THE PURPOSES OF THIS ARTICLE
SHALL MEAN THE SECRETARY OF STATE.
§ 17. Section 10 of a chapter of the laws of 2023 amending the village
law relating to establishing the village incorporation commission as
proposed in legislative bills numbers S. 7537 and A. 7761, is amended to
read as follows:
§ 10. This act shall take effect on January 1, 2024; provided [howev-
er, that section three-a of this act shall take effect immediately and
shall expire and be deemed repealed on the same date and in the same
manner as section three of this act takes effect; and provided further,
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 existing village incorporation
petitions that have collected signatures prior to January 1, 2024,
except as hereinafter provided; and provided further, that for village
incorporation petitions that have collected signatures prior to January
1, 2024, the commission review process established pursuant to section
2-259 of the village law, as added by section seven of this act, shall
S. 8001 12
not apply, and such village incorporation petitions shall continue to be
subject to the supervisor approval process; and provided further, that
for village incorporation petitions that have collected signatures prior
to January 1, 2024, paragraph h of subdivision 1 of section 2-206 of the
village law as added by section three of this act shall not apply] THAT
ANY VILLAGE INCORPORATION PETITIONS ASSOCIATED BY HAVING AT LEAST ONE
COMMON PETITION SIGNATURE WITNESS ON EITHER OF THE TWO PETITIONS THAT
WERE INITIALLY FILED ON A DATE IN FEBRUARY 2017 AND MAY 2019 RESPECTIVE-
LY IN A TOWN WITH A POPULATION OF MORE THAN NINETY THOUSAND AS OF THE
LATEST FEDERAL DECENNIAL CENSUS LOCATED IN A COUNTY WITH A POPULATION OF
MORE THAN NINE HUNDRED THOUSAND AS OF THE LATEST FEDERAL DECENNIAL
CENSUS: (A) SHALL NOT BE SUBJECT TO THIS ACT AND SHALL CONTINUE TO BE
SUBJECT TO THE PROVISIONS OF ARTICLE 2 OF THE VILLAGE LAW IN EFFECT AS
OF JUNE 1, 2023, SO LONG AS SUCH VILLAGE INCORPORATION PROCESSES ARE
CONCLUDED PRIOR TO JANUARY 1, 2040; AND (B) IF SUCH PETITIONS ARE
DENIED, ANY SUBSEQUENT VILLAGE INCORPORATION PETITIONS ASSOCIATED WITH
SUCH PETITIONS SHALL ALSO CONTINUE TO BE SUBJECT TO THE PROVISIONS OF
ARTICLE 2 OF THE VILLAGE LAW IN EFFECT AS OF JUNE 1, 2023, SO LONG AS
SUCH INCORPORATION PROCESSES ASSOCIATED WITH SUCH PETITIONS ARE COMPLETE
PRIOR TO JANUARY 1, 2040. PROVIDED FURTHER, THAT FOR ANY VILLAGE INCOR-
PORATION PETITIONS THAT WERE INITIALLY FILED ON A DATE IN FEBRUARY 2017
AND MAY 2019 RESPECTIVELY IN A TOWN WITH A POPULATION OF MORE THAN NINE-
TY THOUSAND AS OF THE LATEST FEDERAL DECENNIAL CENSUS LOCATED IN A COUN-
TY WITH A POPULATION OF MORE THAN NINE HUNDRED THOUSAND AS OF THE LATEST
FEDERAL DECENNIAL CENSUS, A STUDY ON THE FISCAL, SERVICE, AND TAXATION
INTERESTS OF THE POPULATION WHICH WOULD CONSTITUTE THE RESIDENTS OF SUCH
VILLAGE AND THE POPULATION WHICH CONSTITUTES THE RESIDENTS OF SUCH TOWN
IN WHICH SUCH VILLAGE WOULD BE ESTABLISHED SHALL BE PREPARED FOR SUCH
PROPOSED VILLAGE INCORPORATION, CONDUCTED BY THE CENTER FOR GOVERNMENT
RESEARCH OR OTHER QUALIFIED INSTITUTION AND SUCH STUDY SHALL BE POSTED
ON THE PUBLIC-FACING PORTION OF THE DEPARTMENT OF STATE WEBSITE FOR
NINETY DAYS PRIOR TO THE COMMENCEMENT OF ANY REFERENDUM FOR THE APPROVAL
OF SUCH A VILLAGE PURSUANT TO ARTICLE 2 OF THE VILLAGE LAW, AND PROVIDED
THAT WHERE ANY SUBSEQUENT VILLAGE INCORPORATION PETITIONS ASSOCIATED
WITH SUCH PETITIONS SHALL BE FILED, THEN THE REQUIREMENTS OF THIS
SECTION SHALL BE DEEMED SATISFIED BY THE RE-PUBLICATION OF SUCH STUDY,
AND FURTHER PROVIDED, HOWEVER, THAT (I) SUCH STATE-FUNDED STUDY SHALL BE
SUBMITTED FOR POSTING ON THE PUBLIC-FACING PORTION OF THE DEPARTMENT OF
STATE WEBSITE BY NO LATER THAN APRIL 1, 2024; (II) SUCH STUDY SHALL BE
POSTED ON THE DEPARTMENT OF STATE WEBSITE NO LATER THAN THIRTY DAYS
AFTER IT IS SUBMITTED FOR POSTING; AND (III) THE ADEQUACY OF ANY SUCH
STATE-FUNDED CENTER FOR GOVERNMENT RESEARCH, OR OTHER QUALIFIED INSTITU-
TION CONDUCTED STUDY SHALL NOT BE A BASIS FOR OBJECTING TO THE VILLAGE
INCORPORATION PETITION OR THE SCHEDULING OF ANY SUCH REFERENDUM FOR
APPROVAL OF SUCH VILLAGE; PROVIDED FURTHER, THE PROVISIONS OF THIS ACT
SHALL NOT APPLY TO PETITIONS WHERE THERE IS A JOINT NOTICE OF ELECTION
SPECIFYING A DATE AND TIME OF THE ELECTION AND SIGNED BY THE TOWN CLERKS
OF EACH AFFECTED TOWN PURSUANT TO SECTION 2-214 OF THE VILLAGE LAW,
DATED DECEMBER 22, 2023 OR EARLIER.
§ 18. Severability. If any clause, sentence, paragraph, section or
part of this act or application thereof to any municipality, person or
circumstances shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the application of the remainder thereof to any
municipalities, persons and circumstances, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
S. 8001 13
directly involved in the controversy in which such judgment shall have
been rendered, and the legislature hereby declares that it would have
enacted this article without the invalid provision or application, as
the case may be, had such invalidity been apparent.
§ 19. This act shall take effect immediately; provided, however
sections one through sixteen of this act shall take effect on the same
date and in the same manner as a chapter of the laws of 2023 amending
the village law relating to establishing the village incorporation
commission as proposed in legislative bills numbers S. 7537 and A. 7761,
takes effect.
