STATE OF NEW YORK ________________________________________________________________________ 3455 2023-2024 Regular Sessions IN SENATE January 31, 2023 ___________ 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: 1 Section 1. Section 2-200 of the village law, subdivision 2 as amended 2 by chapter 932 of the laws of 1974, is amended to read as follows: 3 § 2-200 Population and area requirements. 1. A territory containing a 4 population of at least [five] ten thousand in a suburban town pursuant 5 to article three-A of the town law with a population of seventy-five 6 thousand or more or twenty-five hundred persons [who are regular inhab- 7 itants thereof, as hereinafter defined,] for all other towns may be 8 incorporated as a village under this chapter provided such territory 9 does not include a part of a city or village and further provided the 10 limits of such territory: 11 a. do not contain more than five square miles; or 12 b. are coterminous with the entire boundaries of a school, fire, fire 13 protection, fire alarm, town special or town improvement district; or 14 c. are coterminous with parts of the boundaries of more than one 15 school, fire, fire protection, fire alarm, town special or town improve- 16 ment district, all of which are wholly contained within such limits and 17 within one town; or 18 d. are coterminous with the entire boundaries of a town. 19 2. The [words "regular inhabitants" as used herein and for the purpose 20 of this article shall include all persons residing in the territory 21 proposed to be incorporated except such persons who themselves, or who 22 are persons under the age of eighteen years residing with persons who, 23 maintain a residence outside such territory which is used as their 24 address for purposes of voting] population of a territory shall be 25 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. LBD04555-01-3
S. 3455 2 1 § 2. Section 2-202 of the village law, subparagraph 2 of paragraph f 2 of subdivision 1 as amended by chapter 181 of the laws of 2004, is 3 amended to read as follows: 4 § 2-202 Petition for incorporation. 1. A proceeding for the incorpo- 5 ration of such territory as a village shall commence with a petition. 6 The requirements for such petition are as follows: 7 a. Petitioners. [Either one or both of the following two groups of 8 persons may petition for such incorporation: 9 (1)] At least twenty [per cent] percent of the residents of such 10 territory qualified to vote for town officers in a town in which all or 11 part of such territory is located shall sign such petition. 12 [(2) The owners of more than fifty percent in assessed valuation of 13 the real property in such territory assessed upon the last completed 14 assessment roll of the town in which such territory is located. However, 15 if such territory is located in more than one town it shall be required 16 in computing such percentage to equalize the assessed valuations for 17 each town; furthermore, in such case, the petition must be signed by the 18 owners of more than fifty percent in full valuation of the real property 19 in each part of each town in such territory and computed separately for 20 each such part, and assessed upon the last completed assessment rolls of 21 the towns in which any part of such territory is located. Full valuation 22 shall be determined by applying the appropriate equalization rate to 23 such assessed valuations. If real property in such territory is owned by 24 tenants in common, joint tenants or tenants by the entirety, each such 25 tenant, as a signer of such petition shall, for the purpose of ascer- 26 taining the percentage of the assessed valuation upon which the petition 27 is based, be considered as the owner of an interest in such real proper- 28 ty equal to the result reached by dividing the assessed valuation by the 29 number of owners thereof and shall be credited to that extent with part 30 of the total assessed valuation thereof. In the event such real property 31 is part of a parcel of land partially situated within such territory, 32 the town assessor or assessors shall, for the purposes of this section 33 make an apportionment of the assessed value of such part as is in such 34 territory. In such a case, only the apportioned value attributed to such 35 part shall be considered.] 36 b. Contents of petition. The petition shall contain the following 37 information: 38 (1) An allegation [of the basis on which the petition is signed] that 39 at least twenty percent of the residents qualified to vote for town 40 officers have signed such petition. 41 (2) The name of the proposed village. 42 (3) An allegation that such territory contains a population of at 43 least [five] ten thousand in a suburban town pursuant to article three-A 44 of the town law with a population of seventy-five thousand or more or 45 twenty-five hundred [regular inhabitants] persons for all other towns 46 according to the most recent decennial census. 47 (4) The manner in which the area requirements of section 2-200 of this 48 article are satisfied. 49 (5) A designation of at least one but no more than three persons, 50 giving full names and addresses, on whom and at which addresses all 51 papers required to be served in connection with the proceeding for 52 incorporation, shall be served. A majority of such designees must reside 53 in such territory. 54 (6) Each page of the petition and all exhibits and certifications 55 shall be securely fastened together.
S. 3455 3 1 c. Exhibits and certifications. Each copy of the petition shall have 2 attached thereto prior to the signature pages: 3 (1) A description of such territory sufficient to identify the 4 location and extent of such territory with common certainty and which 5 shall be in one of the following forms or a combination thereof: (a) a 6 metes and bounds description; (b) a description made with reference to 7 existing streets and navigable waters or a combination of same; or (c) a 8 map showing existing streets and navigable waters or a combination of 9 same forming boundaries or metes and bounds or the entire boundaries of 10 one or more districts of an entire town. 11 (2) A [list of the names and address of the regular inhabitants of 12 such territory] copy of a financial impact statement. Such financial 13 impact statement shall include the following: (a) a proposed operating 14 budget for the territory to be incorporated; (b) a proposed capital 15 budget for the territory to be incorporated; (c) a description of the 16 services that would be provided by the proposed village and how such 17 services would be delivered; (d) the estimated property tax impact for a 18 five year period on the territory to be incorporated and the remaining 19 area of the town or towns; and (e) an executive summary of such finan- 20 cial impact statement, including the estimated real property tax impact 21 on the territory to be incorporated and the remaining area of the town 22 or towns. 23 d. [If the petition is alleged to be signed by the owners of more than 24 fifty per cent in assessed or full valuation, as the case may be, of the 25 real property in such territory, there shall be attached to the petition 26 following the signatures of the petitioners an affidavit or affidavits 27 certifying as follows: 28 (1) If such territory is located entirely in one town, a certification 29 by an assessor thereof certifying to the total assessed valuation of 30 such territory and the correct total amount thereof owned by the signers 31 of the petition, or 32 (2) If such territory is located in more than one town, separate 33 certifications by an assessor of each town certifying to the total full 34 valuation of that portion of such territory located in such town and the 35 correct total amount of full valuation of real property in such territo- 36 ry and town owned by the signers of the petition, as specified in 37 subparagraph two of paragraph a of subdivision one of this section. 38 e.] Execution of petition. (1) The signatures to a petition shall be 39 subscribed on a separate page or pages following the exhibits. 40 (2) Prefatory statement. Each signature page shall be prefaced by a 41 statement [of the basis on which the petition is signed and of the] that 42 the petitioners are residents of the territory to be incorporated quali- 43 fied to vote for town officers in such territory and that the petition- 44 ers' [familiarity] are familiar with the contents and purpose [thereof] 45 of such petition and the boundaries of the territory sought to be incor- 46 porated. 47 (3) Additional information. Following each signature there shall be 48 set forth, not necessarily by the signer, the signer's address consist- 49 ing of street name and number, if any, and town[; and, if the petition 50 is based on the ownership of more than fifty per cent in assessed or 51 full valuation, as the case may be, of the real property located in such 52 territory, the amount of assessed valuation of real property owned by 53 the signer as credited to him in accordance with subparagraph two of 54 paragraph a of subdivision one of this section].
S. 3455 4 1 (4) Authentication. There shall be set forth at the bottom of each 2 page of signatures an authenticating affidavit of a witness to the sign- 3 ing thereof which shall be in substantially the following form: 4 STATE OF NEW YORK 5 COUNTY OF ss.: 6 ...................................................... being duly sworn, 7 (name of witness) 8 says: 9 I reside at ..................................................... in the 10 (street name and number) 11 ................................ of .................................... 12 (town, city or village) (name of municipality) 13 .............................................. in the State of New York: 14 I know each of the persons whose names are subscribed to the above sheet 15 having .................................... signatures; and each of them 16 (number) 17 subscribed the same in my presence. 18 ................................... 19 (signature of witness) 20 Sworn to before me 21 This .................. day of .................., .................... 22 (day) (month) (year) 23 ............................... 24 (official title of officer) 25 [f] e. Filing and deposit. (1) Filing. The original petition shall be 26 filed with a supervisor of the town in which all or the greatest part of 27 such territory is located. Duplicate originals, photocopies or other 28 similar reproductions of the original petition shall be filed with a 29 supervisor of each other town in which any portion of such territory is 30 located. 31 (2) Deposit. At the time of filing of the petition there shall be 32 deposited with each supervisor with whom the original or a copy of the 33 original is filed, the sum of six thousand dollars to pay the cost of 34 posting, publishing and serving required notices, stenographic services 35 and services of inspectors of election in the event incorporation is not 36 effected. 37 § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as 38 amended by chapter 167 of the laws of 1985 and paragraph e as amended by 39 chapter 561 of the laws of 1975, is amended to read as follows: 40 1. The supervisor, or supervisors if a joint hearing, with whom the 41 petition or copies thereof, were filed, shall meet at the time and place 42 specified in such notice and shall hear objections which may be 43 presented as to the legal sufficiency of the petition for incorporation 44 based upon any of the following grounds: 45 a. That a person signing such petition was not qualified therefor; 46 b. [If it is alleged that the petition is submitted on the basis that 47 the persons signing such petition constitute twenty per cent of the 48 residents in such territory qualified to vote for officers of a town in 49 which all or part of such territory is located, that such allegation is 50 false;
S. 3455 5 1 c. If it is alleged that the petition is submitted on the basis that 2 the persons signing such petition are the owners of more than fifty 3 percent in assessed valuation of the real property in such territory or 4 in full valuation of the real property in each part of each town in such 5 territory and computed separately for each such part, as the case may 6 be, assessed upon the last completed assessment roll or rolls of the 7 town or towns in which all or part of such territory is located, that 8 such allegation is false] That the allegation that the petition consti- 9 tutes twenty percent of the residents of the territory qualified to vote 10 for officers of a town in which all or part of such territory is located 11 is false; 12 [d] c. That such territory is part of a city or village; 13 [e] d. That if such territory is less than an entire town, it contains 14 more than five square miles and the limits of such territory are not 15 coterminous with the entire boundaries of one school, fire, fire 16 protection, fire alarm, town special or town improvement district and 17 the limits of such territory are not coterminous with parts of the boun- 18 daries of more than one school, fire, fire protection, fire alarm, town 19 special or town improvement district, all of which are wholly contained 20 within such limits and within one town; 21 [f] e. That such territory does not contain a population of at least 22 [five] ten thousand in a suburban town pursuant to article three-A of 23 the town law with a population of seventy-five thousand or more or twen- 24 ty-five hundred [regular inhabitants] persons for all other towns; 25 [g] f. That the petition in any other specified respect does not 26 conform to the requirements of this article. 27 § 4. Subdivisions 1 and 4 of section 2-210 of the village law are 28 amended to read as follows: 29 1. The decision of the supervisor or supervisors as to the legal 30 sufficiency of the petition pursuant to section 2-208 of this article 31 shall be subject to judicial review in the manner provided in article 32 seventy-eight of the civil practice law and rules. Such proceeding may 33 be brought on the ground or grounds that said decision is illegal, based 34 on insufficient evidence, or contrary to the weight of evidence. If the 35 court determines that additional testimony or evidence is necessary for 36 the proper disposition of the matter it may take such evidence or testi- 37 mony or appoint a referee to take such evidence or testimony as it may 38 direct and report the same to the court with his or her findings of fact 39 and conclusions of law which shall constitute a part of the proceeding 40 upon which the determination of the court shall be made. The court may 41 reverse or affirm on the basis of law and fact as determined by the 42 court. 43 4. In addition to the requirements of said article seventy-eight: 44 a. Notice of such a proceeding shall be given to the town clerk of 45 each town in which any part of such territory is located. [He] The town 46 clerk shall cause same to be filed in [his] the clerk's office. 47 b. If the proceeding be brought to review [a] an adverse decision 48 [adverse to the petition], copies of all papers in connection therewith 49 shall be served on all persons designated by objectors to the petition 50 pursuant to section 2-204 of this article and on all other objectors who 51 have made no such designations and whose objections were submitted in 52 writing and signed. Service shall be sufficient if made either 53 personally or by certified mail with a return receipt. 54 c. If the proceeding be brought to review a decision sustaining the 55 petition, copies of all papers in connection therewith shall be served 56 on all persons designated in the petition to receive same.
S. 3455 6 1 d. All persons served pursuant to paragraphs b and c of this subdivi- 2 sion shall be parties to such proceeding under said article seventy- 3 eight. 4 e. All issues in any proceeding hereunder shall have preference over 5 all other civil actions and proceedings. 6 § 5. The village law is amended by adding a new section 2-211 to read 7 as follows: 8 § 2-211 Review of the state comptroller. 1. Within ten days after the 9 first occurring of either the expiration of thirty days from the filing 10 of the original decision sustaining the legal sufficiency of the peti- 11 tion and no proceeding having been instituted to review same, or the 12 filing of a final order sustaining the petition after such a proceeding 13 to review, each supervisor with whom same were filed shall file a copy 14 of the petition with the office of the state department of audit and 15 control located in Albany. 16 2. The state comptroller shall review the financial impact statement, 17 including the proposed operating budget, the proposed capital budget, 18 the description of the services that would be provided by the proposed 19 village and how such services would be delivered, and the estimated 20 property tax impact for a five-year period on the territory to be incor- 21 porated and the remaining area of the town or towns. The state comp- 22 troller shall make such review upon the original financial impact state- 23 ment as filed by the supervisor or supervisors, and may request 24 additional information or data in such form and detail as he or she 25 deems sufficient to aid in reviewing such financial impact statement. 26 3. The state comptroller shall issue a letter to each supervisor 27 reviewing the financial impact statement for the proposed village incor- 28 poration. 29 4. In reviewing the financial impact statement, the state comptroller 30 shall review whether: 31 a. the significant revenue and expenditure projections in the proposed 32 operating budget are reasonable in light of the services that would be 33 provided; 34 b. the proposed capital budget clearly identifies future capital 35 needs and provides reasonable estimates of each project's budgetary 36 impact, including debt service costs, impact on capital reserve funds 37 and fund balance, and future operating expenditures; and 38 c. the estimated property tax impact for a five-year period on the 39 territory to be incorporated and the remaining area of the town or towns 40 is reasonable in light of the proposed operating and capital budgets. 41 5. Said letter shall be delivered to each supervisor within sixty days 42 of submission to the state comptroller. Each supervisor shall file a 43 copy of the letter of the state comptroller with the town clerk within 44 five days of receipt. Said letter shall be available for public 45 inspection. A copy of said letter shall also be mailed to the incorpora- 46 tors designated pursuant to subparagraph four of paragraph b of subdivi- 47 sion one of section 2-202 of this article and all objectors to the peti- 48 tion, pursuant to section 2-204 of this article, by regular mail within 49 five days of receipt. 50 § 6. Section 2-212 of the village law is REPEALED and a new section 51 2-212 is added to read as follows: 52 § 2-212 Right to election. 1. An election to determine the question of 53 incorporation shall be held no later than forty days after the filing of 54 the letter of the state comptroller with the town clerk. 55 2. The provisions of the election law not inconsistent herewith shall 56 apply to such election so far as the same are practicable.
S. 3455 7 1 § 7. Subdivision 5 of section 2-220 of the village law is renumbered 2 subdivision 6 and a new subdivision 5 is added to read as follows: 3 5. Absentee ballots shall be provided for such election in the same 4 manner as a special town election pursuant to section eighty-four-a of 5 the town law, provided that the applicant for an absentee ballot shall 6 be a resident of such territory qualified to vote for town officers. 7 § 8. Subdivision d of section 2-232 of the village law is amended to 8 read as follows: 9 d. A statement of the population of the territory as it appears [by 10 the exhibit attached to] in the contents of the petition for incorpo- 11 ration. 12 § 9. Applicability. This act shall apply to any proceeding for the 13 incorporation of a village where the right to election has not yet 14 accrued pursuant to the former section 2-212 of the village law. 15 § 10. Severability. If any provision of this act, or any application 16 of any provision of this act, is held to be invalid, that shall not 17 affect the validity or effectiveness of any other provision of this act, 18 or of any other application of any provision of this act, which can be 19 given effect without that provision or application; and to that end, the 20 provisions and applications of this act are severable. 21 § 11. This act shall take effect immediately.