Bill Text: NY S05793 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5793

                               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

        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
    21  five  public  places  in the remaining territory of such town, including
    22  other incorporated villages also located in such town, and  also  to  be
    23  published  at  least  twice  in  the  newspaper or newspapers designated
    24  pursuant to subdivision eleven of section sixty-four of the town law,  a
    25  joint  notice  of all such supervisors: that a petition for the incorpo-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11669-03-9
        S. 5793                             2

     1  ration of the village of (naming it) has been received; that at a  place
     2  in such territory and on a day, not less than twenty nor more than thir-
     3  ty  days  after  the  date  of the posting and first publication of such
     4  notice,  which date and place shall be specified therein, a hearing will
     5  be had upon such petition; that such  petition  will  be  available  for
     6  public  inspection  in  the  office of each town clerk until the date of
     7  such hearing; that the purpose of the hearing is to consider  the  legal
     8  sufficiency of the petition; that objections to the legal sufficiency of
     9  the  petition  must be in writing and signed by one or more of the resi-
    10  dents of such town; and that any group of persons  having  one  or  more
    11  objections  in common may make designation in writing and signed by them
    12  of at least one but no more than three persons giving the full names and
    13  addresses on whom and at which  addresses  all  papers  required  to  be
    14  served  in  connection  with  the  proceeding for incorporation shall be
    15  served. A majority of such designees must reside in such town or  towns.
    16  In  the  absence of any other suitable place, such hearing shall be held
    17  in a school building, if any, located in such territory. If such  terri-
    18  tory  is  located in more than one town the hearing shall be noticed and
    19  publicized as a joint hearing of all such towns.  For  the  purposes  of
    20  this section, in the event that the town maintains a website, one of the
    21  posting  requirements required by this section may be fulfilled by post-
    22  ing such information on the town's website.
    23    § 3. Paragraph g of subdivision 1 of section 2-206 of the village  law
    24  is amended to read as follows:
    25    g. That such petition does not contain the required allegations as set
    26  forth in subparagraphs seven and eight of paragraph b of subdivision one
    27  of  section 2-202 of this article, or if the allegations are included in
    28  such petition, that such allegations  are  not  supported  by  available
    29  evidence; or
    30    h.  That  the petition in any other specified respect does not conform
    31  to the requirements of this article.
    32    § 4. Section 2-208 of the village law is amended to read as follows:
    33    § 2-208 Decision as to legal sufficiency of petition.  1.  Within  ten
    34  days  after  such  hearing  is  concluded  the supervisor or supervisors
    35  jointly shall determine whether the petition complies with the  require-
    36  ments of this article and jointly shall make and sign a decision accord-
    37  ingly. If such supervisors cannot agree, the decision shall be deemed to
    38  be  adverse to the petition. If the decision be adverse to the petition,
    39  the decision shall contain a brief statement of the reasons on which the
    40  adverse decision is based or the reasons  on  which  the  supervisor  or
    41  supervisors  deciding adversely to the petition were unable to join in a
    42  unanimous decision sustaining the petition. Provided,  however,  if  the
    43  adverse  decision  is  predicated on an 'overall interest' determination
    44  pursuant to subparagraph seven of paragraph  b  of  subdivision  one  of
    45  section  2-202  of  this  article,  the decision must contain a detailed
    46  explanation that includes, but is not limited to, how such incorporation
    47  would substantially impair such town's  comprehensive  or  master  plan,
    48  established  pursuant  to  section two hundred seventy-two-a of the town
    49  law, or enacted zoning laws established by such town  or  towns  located
    50  within the territory.
    51    2.  The  original of the decision, copies of the notice of the hearing
    52  together with affidavits of posting and  publishing  same,  the  written
    53  objections and the minutes of proceedings taken on the hearing including
    54  signed testimony shall be filed by such supervisor or supervisors within
    55  fifteen  days after the hearing is concluded, with the town clerk of the
    56  same town in which the original copy of the petition was  filed.  Dupli-
        S. 5793                             3

     1  cate  copies  of  the said papers shall be filed with the town clerks of
     2  all other towns in which any part of such territory is located.
     3    3. If no proceeding be instituted to review such decision within thir-
     4  ty  days  after  such  filing of the original copy thereof, the decision
     5  shall be final and conclusive. In the event that the decision is adverse
     6  to the petition, a new proceeding for  incorporation  may  be  commenced
     7  immediately;  provided,  however,  in  the  event an adverse decision is
     8  based on an 'overall interest' determination  pursuant  to  subparagraph
     9  seven  of paragraph b of subdivision one of  section 2-202 of this arti-
    10  cle, the decision shall not be final and conclusive  until  ratified  by
    11  residents  qualified  to vote for town offices of a town in which all or
    12  part of such territory of the proposed  village  is  located  consistent
    13  with subdivision two of section 2-212 of this article.
    14    §  5.  Section  2-212  of  the  village law is amended by adding a new
    15  subdivision 2 to read as follows:
    16    2. A determination pursuant to subparagraph seven of  paragraph  b  of
    17  subdivision  one  of section 2-202 of this article shall be submitted to
    18  the residents qualified to vote for town offices of a town in which  all
    19  or  part  of such territory of the proposed village is located at either
    20  the following town-wide election,  or  general  election,  whichever  is
    21  sooner.  In  the  event no town-wide or general election is scheduled to
    22  take place within one hundred twenty days from the date of  the  adverse
    23  decision,  the  town  shall  schedule an election to decide the incorpo-
    24  ration of the proposed village within one hundred twenty days  from  the
    25  date of the adverse decision.
    26    §  6.  Section  2-214  of the village law, as amended by section 26 of
    27  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    28    § 2-214 Notice of election. Within ten days  after  the  right  to  an
    29  election is complete the town clerk of each town in which any portion of
    30  such territory is located shall cause to be posted in five public places
    31  in  that  part of such territory located in such town, and for elections
    32  held pursuant to subdivision two of section 2-212 of this article,  also
    33  posted in at least five public places in the remaining territory of such
    34  town,  including  any  other incorporated villages located in such town,
    35  and also to be published at least twice in the newspaper  or  newspapers
    36  designated  pursuant  to subdivision eleven of section sixty-four of the
    37  town law, a joint notice by the clerks of  all  such  towns  that  at  a
    38  convenient place in such territory, between the hours of [twelve o'clock
    39  noon]  six o'clock in the morning and nine o'clock in the evening and on
    40  a day not less than twenty nor more than thirty days after the  date  of
    41  the  posting and first publication, which date and place or places shall
    42  be specified therein, an election will be held to determine whether  the
    43  proposed  village  of (naming it) shall be incorporated.  There shall be
    44  at least one polling location for each ten  thousand  qualified  voters.
    45  Such  election  shall  not  be  held on a day of a town election or of a
    46  general election in a town in  which  any  part  of  such  territory  is
    47  located,  unless  such  election  is held pursuant to subdivision two of
    48  section 2-212 of this article. For the purposes of this section, in  the
    49  event that the town maintains a website, one of the posting requirements
    50  required by this section may be fulfilled by posting such information on
    51  the town's website.
    52    § 7. Section 2-216 of the village law is amended to read as follows:
    53    §  2-216  Qualification  of  voters.   Each resident in such territory
    54  qualified to vote for town officers may vote at such election; provided,
    55  however, that for elections held pursuant to subdivision two of  section
    56  2-212  of this article, all residents qualified to vote for town offices
        S. 5793                             4

     1  in a town in which all or part of such territory of the proposed village
     2  is located may vote.
     3    §  8. Subdivisions 1 and 3 of section 2-218 of the village law, subdi-
     4  vision 3 as amended by section 27 of part X of chapter 62 of the laws of
     5  2003, are amended to read as follows:
     6    1. Preparation. It shall be the duty of the  clerk  of  each  town  in
     7  which a portion of such [teritory] territory is located to make and file
     8  in his or her office, at least ten days before such election an accurate
     9  list  of  voters,  alphabetically arranged, who are qualified to vote at
    10  such election. Such list shall be  copied  from  the  registration  poll
    11  records  for  the last preceding general election, and shall be modified
    12  in accordance with whatever information  the  town  clerk  may  have  or
    13  receive from the board of elections.
    14    3. Notice of availability of list for inspection and additions. Within
    15  ten  days  after  the right to an election is complete the town clerk of
    16  each town in which any portion of such territory is located shall  cause
    17  to  be  posted  in  five  public  places  in that part of such territory
    18  located in such town, and for elections held pursuant to subdivision two
    19  of section 2-212 of this article, also be posted in at least five public
    20  places in the remaining territory of such town, including other incorpo-
    21  rated villages also located in such town, and also to  be  published  at
    22  least twice in the newspaper or newspapers designated pursuant to subdi-
    23  vision  eleven  of  section sixty-four of the town law, a notice: that a
    24  registration list of voters qualified to vote at such election  will  be
    25  available  for  inspection  in  his  or  her office between the hours of
    26  twelve o'clock noon and nine o'clock in the evening on a  day  specified
    27  therein  which  day shall not be on a Sunday and shall be at least three
    28  days prior to such election; that at said time and place said list  will
    29  be  available  for  inspection by the public; and also that at said time
    30  and place persons claiming to be qualified  to  vote  at  such  election
    31  whose  names  are  not  on  such  list  may, upon presentation of proper
    32  proofs, have their  names  added  thereto.  For  the  purposes  of  this
    33  section,  in  the  event  that  the town maintains a website, one of the
    34  posting requirements required by this subdivision may  be  fulfilled  by
    35  posting such information on the town's website.
    36    § 9. Section 2-226 of the village law is amended to read as follows:
    37    §  2-226  Notice of proceeding for review of election. A person insti-
    38  tuting a proceeding under section 2-224 of this article  shall  serve  a
    39  copy  of the verified petition on which same is to be heard on each town
    40  clerk with whom the original or a copy of the  certificate  of  election
    41  was  filed  and  also  upon  each  person designated in the petition for
    42  incorporation, or designated in written objections to said petition,  to
    43  receive service of papers in connection with the proceeding for incorpo-
    44  ration.  In addition the person instituting such proceedings shall cause
    45  copies  of such petition to be posted in five conspicuous places in such
    46  territory, and for elections held pursuant to subdivision two of section
    47  2-212 of this article, also be  posted  in  at  least  five  conspicuous
    48  public  places  in the remaining territory of such town, including other
    49  incorporated villages also located in such town.
    50    § 10. This act shall take effect immediately and shall  apply  to  all
    51  petitions  to form a new village for which a decision as to legal suffi-
    52  ciency has not yet been made.