Bill Text: NY S05793 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to incorporation of villages; requires a showing that incorporation is in the overall public interest.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LOCAL GOVERNMENT [S05793 Detail]
Download: New_York-2019-S05793-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5793--B Cal. No. 944 2019-2020 Regular Sessions IN SENATE May 15, 2019 ___________ 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 -- reported favorably from said commit- tee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend the village law, in relation to the requirements for village incorporation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b of subdivision 1 of section 2-202 of the 2 village law is amended by adding two new subparagraphs 7 and 8 to read 3 as follows: 4 (7) An allegation that such proposed incorporation is in the overall 5 public interest of each of the following: (i) the territory petitioning 6 to be incorporated, (ii) any remaining area of the town or towns in 7 which such territory is located, and (iii) any school district, fire 8 district, fire protection district, or town improvement district located 9 wholly or partly within such territory. 10 (8) An allegation that such proposed incorporation is consistent with 11 and would not substantially impair the achievement of the goals and 12 objectives set forth in the adopted comprehensive or master plan enacted 13 by the town or towns located within the territory pursuant to section 14 two hundred seventy-two-a of the town law. 15 § 2. Section 2-204 of the village law, as amended by section 25 of 16 part X of chapter 62 of the laws of 2003, is amended to read as follows: 17 § 2-204 Notice of hearing. Within twenty days after the filing of such 18 petition or copies thereof, each supervisor with whom same were filed 19 shall cause to be posted in five public places in that part of such 20 territory located in his or her town, and also to be posted in at least EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11669-06-9S. 5793--B 2 1 five public places in the remaining territory of such town, including 2 other incorporated villages also located in such town, and also to be 3 published at least twice in the newspaper or newspapers designated 4 pursuant to subdivision eleven of section sixty-four of the town law, a 5 joint notice of all such supervisors: that a petition for the incorpo- 6 ration of the village of (naming it) has been received; that at a place 7 in such territory and on a day, not less than twenty nor more than thir- 8 ty days after the date of the posting and first publication of such 9 notice, which date and place shall be specified therein, a hearing will 10 be had upon such petition; that such petition will be available for 11 public inspection in the office of each town clerk until the date of 12 such hearing; that the purpose of the hearing is to consider the legal 13 sufficiency of the petition; that objections to the legal sufficiency of 14 the petition must be in writing and signed by one or more of the resi- 15 dents of such town; and that any group of persons having one or more 16 objections in common may make designation in writing and signed by them 17 of at least one but no more than three persons giving the full names and 18 addresses on whom and at which addresses all papers required to be 19 served in connection with the proceeding for incorporation shall be 20 served. A majority of such designees must reside in such town or towns. 21 In the absence of any other suitable place, such hearing shall be held 22 in a school building, if any, located in such territory. If such terri- 23 tory is located in more than one town the hearing shall be noticed and 24 publicized as a joint hearing of all such towns. For the purposes of 25 this section, in the event that the town maintains a website, one of the 26 posting requirements required by this section may be fulfilled by post- 27 ing such information on the town's website. 28 § 3. Paragraph g of subdivision 1 of section 2-206 of the village law 29 is amended to read as follows: 30 g. That such petition does not contain the required allegations as set 31 forth in subparagraphs seven and eight of paragraph b of subdivision one 32 of section 2-202 of this article, or if the allegations are included in 33 such petition, that such allegations are not supported by available 34 evidence; or 35 h. That the petition in any other specified respect does not conform 36 to the requirements of this article. 37 § 4. Section 2-208 of the village law is amended to read as follows: 38 § 2-208 Decision as to legal sufficiency of petition. 1. Within ten 39 days after such hearing is concluded the supervisor or supervisors 40 jointly shall determine whether the petition complies with the require- 41 ments of this article and jointly shall make and sign a decision accord- 42 ingly. If such supervisors cannot agree, the decision shall be deemed to 43 be adverse to the petition. If the decision be adverse to the petition, 44 the decision shall contain a brief statement of the reasons on which the 45 adverse decision is based or the reasons on which the supervisor or 46 supervisors deciding adversely to the petition were unable to join in a 47 unanimous decision sustaining the petition. Provided, however, if the 48 adverse decision is predicated in part on an 'overall interest' determi- 49 nation pursuant to subparagraph seven of paragraph b of subdivision one 50 of section 2-202 of this article, the decision must contain a detailed 51 explanation that includes the basis for finding that such incorporation 52 would not be in the overall public interest of the territory petitioning 53 to be incorporated, any remaining area of the town or towns in which 54 such territory is located, and any school district, fire district, fire 55 protection district, or town improvement district located wholly or 56 partly within such territory. Provided further, that if the adverseS. 5793--B 3 1 decision is predicated in part on a determination pursuant to subpara- 2 graph eight of paragraph b of subdivision one of section 2-202 of this 3 article that the proposed incorporation would substantially impair the 4 achievement of the goals and objectives set forth in the adopted compre- 5 hensive or master plan enacted by the town or towns, the decision must 6 contain a detailed explanation that includes, but is not limited to, how 7 such incorporation would substantially impair such town's comprehensive 8 or master plan, established pursuant to section two hundred 9 seventy-two-a of the town law, or enacted zoning laws established by 10 such town or towns located within the territory. 11 2. The original of the decision, copies of the notice of the hearing 12 together with affidavits of posting and publishing same, the written 13 objections and the minutes of proceedings taken on the hearing including 14 signed testimony shall be filed by such supervisor or supervisors within 15 fifteen days after the hearing is concluded, with the town clerk of the 16 same town in which the original copy of the petition was filed. Dupli- 17 cate copies of the said papers shall be filed with the town clerks of 18 all other towns in which any part of such territory is located. 19 3. If no proceeding be instituted to review such decision within thir- 20 ty days after such filing of the original copy thereof, the decision 21 shall be final and conclusive. In the event that the decision is adverse 22 to the petition, a new proceeding for incorporation may be commenced 23 immediately; provided, however, in the event an adverse decision is made 24 pursuant to subparagraph seven or eight of paragraph b of subdivision 25 one of section 2-202 of this article, the decision shall not be final 26 and conclusive until ratified by residents qualified to vote for town 27 offices of a town in which all or part of such territory of the proposed 28 village is located consistent with subdivision two of section 2-212 of 29 this article. 30 § 5. Section 2-212 of the village law is amended by adding a new 31 subdivision 2 to read as follows: 32 2. A determination pursuant to subparagraph seven or eight of para- 33 graph b of subdivision one of section 2-202 of this article shall be 34 submitted to the residents qualified to vote for town offices of a town 35 in which all or part of such territory of the proposed village is 36 located at either the following town-wide election, or general election, 37 whichever is sooner. In the event no town-wide or general election is 38 scheduled to take place within one hundred twenty days from the date of 39 the adverse decision, the town shall schedule an election to decide the 40 incorporation of the proposed village within one hundred twenty days 41 from the date of the adverse decision. 42 § 6. Section 2-214 of the village law, as amended by section 26 of 43 part X of chapter 62 of the laws of 2003, is amended to read as follows: 44 § 2-214 Notice of election. Within ten days after the right to an 45 election is complete the town clerk of each town in which any portion of 46 such territory is located shall cause to be posted in five public places 47 in that part of such territory located in such town, and for elections 48 held pursuant to subdivision two of section 2-212 of this article, also 49 posted in at least five public places in the remaining territory of such 50 town, including any other incorporated villages located in such town, 51 and also to be published at least twice in the newspaper or newspapers 52 designated pursuant to subdivision eleven of section sixty-four of the 53 town law, a joint notice by the clerks of all such towns that at a 54 convenient place in such territory, between the hours of [twelve o'clock55noon] six o'clock in the morning and nine o'clock in the evening and on 56 a day not less than twenty nor more than thirty days after the date ofS. 5793--B 4 1 the posting and first publication, which date and place or places shall 2 be specified therein, an election will be held to determine whether the 3 proposed village of (naming it) shall be incorporated. There shall be 4 at least one polling location for each ten thousand qualified voters. 5 Such election shall not be held on a day of a town election or of a 6 general election in a town in which any part of such territory is 7 located, unless such election is held pursuant to subdivision two of 8 section 2-212 of this article. For the purposes of this section, in the 9 event that the town maintains a website, one of the posting requirements 10 required by this section may be fulfilled by posting such information on 11 the town's website. 12 § 7. Section 2-216 of the village law is amended to read as follows: 13 § 2-216 Qualification of voters. Each resident in such territory 14 qualified to vote for town officers may vote at such election; provided, 15 however, that for elections held pursuant to subdivision two of section 16 2-212 of this article, all residents qualified to vote for town offices 17 in a town in which all or part of such territory of the proposed village 18 is located may vote. 19 § 8. Subdivisions 1 and 3 of section 2-218 of the village law, subdi- 20 vision 3 as amended by section 27 of part X of chapter 62 of the laws of 21 2003, are amended to read as follows: 22 1. Preparation. It shall be the duty of the clerk of each town in 23 which a portion of such [teritory] territory is located to make and file 24 in his or her office, at least ten days before such election an accurate 25 list of voters, alphabetically arranged, who are qualified to vote at 26 such election. Such list shall be copied from the registration poll 27 records for the last preceding general election, and shall be modified 28 in accordance with whatever information the town clerk may have or 29 receive from the board of elections. 30 3. Notice of availability of list for inspection and additions. Within 31 ten days after the right to an election is complete the town clerk of 32 each town in which any portion of such territory is located shall cause 33 to be posted in five public places in that part of such territory 34 located in such town, and for elections held pursuant to subdivision two 35 of section 2-212 of this article, also be posted in at least five public 36 places in the remaining territory of such town, including other incorpo- 37 rated villages also located in such town, and also to be published at 38 least twice in the newspaper or newspapers designated pursuant to subdi- 39 vision eleven of section sixty-four of the town law, a notice: that a 40 registration list of voters qualified to vote at such election will be 41 available for inspection in his or her office between the hours of 42 twelve o'clock noon and nine o'clock in the evening on a day specified 43 therein which day shall not be on a Sunday and shall be at least three 44 days prior to such election; that at said time and place said list will 45 be available for inspection by the public; and also that at said time 46 and place persons claiming to be qualified to vote at such election 47 whose names are not on such list may, upon presentation of proper 48 proofs, have their names added thereto. For the purposes of this 49 section, in the event that the town maintains a website, one of the 50 posting requirements required by this subdivision may be fulfilled by 51 posting such information on the town's website. 52 § 9. Section 2-226 of the village law is amended to read as follows: 53 § 2-226 Notice of proceeding for review of election. A person insti- 54 tuting a proceeding under section 2-224 of this article shall serve a 55 copy of the verified petition on which same is to be heard on each town 56 clerk with whom the original or a copy of the certificate of electionS. 5793--B 5 1 was filed and also upon each person designated in the petition for 2 incorporation, or designated in written objections to said petition, to 3 receive service of papers in connection with the proceeding for incorpo- 4 ration. In addition the person instituting such proceedings shall cause 5 copies of such petition to be posted in five conspicuous places in such 6 territory, and for elections held pursuant to subdivision two of section 7 2-212 of this article, also be posted in at least five conspicuous 8 public places in the remaining territory of such town, including other 9 incorporated villages also located in such town. 10 § 10. This act shall take effect immediately and shall apply to all 11 petitions to form a new village for which a decision as to legal suffi- 12 ciency has not yet been made. A petition to form a new village that has 13 been submitted prior to the effective date of this act shall be amended 14 by the filers of said petition to include the required allegations as 15 set forth in subparagraphs 7 and 8 of paragraph b of subdivision 1 of 16 section 2-202 of the village law, as added by section one of this act, 17 prior to the review of the legal sufficiency of the petition by the town 18 supervisor or supervisors of the town or towns in which the proposed 19 village is located.
