•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08423 Summary:

BILL NOA08423A
 
SAME ASNo Same As
 
SPONSORAbinanti
 
COSPNSRArroyo, D'Urso, Fahy, Galef, Steck, Errigo, Byrne, DiPietro
 
MLTSPNSRThiele
 
Add Art 2-A 2-260 - 2-268, Vil L
 
Provides a procedure for village incorporation in a suburban town.
Go to top

A08423 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8423--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 14, 2017
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee  on  Local  Governments  --  recommitted to the Committee on Local
          Governments in accordance with Assembly Rule 3, sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend the village law, in relation to providing a procedure
          for village incorporation in a suburban town
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The village law is amended by adding a new article 2-A to
     2  read as follows:
     3                                 ARTICLE 2-A
     4                       INCORPORATION IN SUBURBAN TOWNS
     5  Section 2-260 Applicability.
     6          2-262 Population and area requirements.
     7          2-264 Community impact statement.
     8          2-266 Hearing on the community impact statement.
     9          2-268 Canvass of election.
    10    § 2-260 Applicability. 1. Notwithstanding article two of this chapter,
    11  a town that adopts or has adopted the provisions of article  three-A  of
    12  the town law may by resolution of its town board adopt the provisions of
    13  this article for the incorporation of a new village.
    14    2.  Except as set forth in this article, the provisions of article two
    15  of this chapter shall be applicable.
    16    3.  In any town where the town board has adopted this article,  a  new
    17  village may be incorporated only after:
    18    a.  it  is  determined  that  there is a right to election pursuant to
    19  section 2-212 of this chapter; and
    20    b. the town board has held a hearing on the community impact statement
    21  and scheduled a referendum pursuant to section 2-266  of  this  article;
    22  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13185-14-8

        A. 8423--A                          2
 
     1    c.  the  question  of  incorporation  has been approved by voters in a
     2  referendum pursuant to section 2-268 of this article.
     3    4.  Notwithstanding  the  provisions  of  article two of this chapter,
     4  where the territory proposed for incorporation is located in  more  than
     5  one  town  and one or more towns, but not all affected towns, adopt this
     6  article, the scheduling of the referendum on the  question  of  incorpo-
     7  ration  shall  be  determined  by  the provisions of this article and no
     8  other provisions of this article shall apply to affected towns that have
     9  not adopted the provisions of article three-A of the town  law  and  the
    10  provisions of this article.
    11    §  2-262 Population and area requirements. A territory may be incorpo-
    12  rated as a village under this article providing that:
    13    1. the territory meets the conditions set forth in  section  2-200  of
    14  this chapter; or
    15    2.  the territory to be incorporated does not include a part of a city
    16  or village and its limits are coterminous with the entire boundaries  of
    17  the territory of the town outside of the incorporated villages.
    18    §  2-264 Community impact statement. 1.  A three-part community impact
    19  statement shall be prepared and filed with the town clerk of  each  town
    20  in which the territory proposed for incorporation is located.
    21    2.  The  community impact statement shall be written in plain language
    22  in a concise manner capable of being read and understood by the public.
    23    3. Within thirty days after it is determined that there is a right  to
    24  election pursuant to section 2-212 of this chapter, Part A of the commu-
    25  nity impact statement shall be prepared and filed on behalf of the peti-
    26  tioners which shall each include the information described in paragraphs
    27  a, b, c, d, e, f and g of subdivision six of this section.
    28    4.  Within  sixty days after it is determined that there is a right to
    29  election pursuant to section 2-212 of this chapter,  the  supervisor  of
    30  each  affected  town  shall  prepare and file with the supervisor's town
    31  clerk Part B of the community impact statement which shall  include  the
    32  information  described  in paragraphs h, i, j, k, l, m, n, o, p and q of
    33  subdivision six of this section.
    34    5. Within thirty days after the completion of its hearing as set forth
    35  in section 2-266 of this article, the town board of each  affected  town
    36  shall  prepare  and  file  with  its  town clerk Part C of the community
    37  impact statement which shall include the information described in  para-
    38  graphs  a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p and q of subdivi-
    39  sion six of this section and cause a copy to be  displayed  and  readily
    40  accessible to the public as the town board deems appropriate.
    41    6.  The  community  impact statement shall include the following items
    42  and any other items which the filers of each part thereof deem appropri-
    43  ate:
    44    a. a proposed five year operating  budget  for  the  territory  to  be
    45  incorporated;
    46    b.  a proposed five year capital budget for the territory to be incor-
    47  porated;
    48    c. a description of  the  services  that  would  be  provided  by  the
    49  proposed village;
    50    d.  a  description  of any deficiency in services provided by the town
    51  and the manner in which the incorporation would remedy the deficiency;
    52    e. the estimated real property tax impact for a five  year  period  on
    53  the territory to be incorporated;
    54    f.  the  population,  demographic,  socio-economic  and  environmental
    55  impacts on the territory to be incorporated;

        A. 8423--A                          3
 
     1    g. the impact of the anticipated land  use  and  infrastructure  needs
     2  within the territory to be incorporated;
     3    h.  a  proposed  five  year  operating budget for the area of the town
     4  remaining unincorporated;
     5    i. a proposed five year capital  budget  for  the  area  of  the  town
     6  remaining unincorporated;
     7    j.  a  description  of any change of services for the area of the town
     8  remaining unincorporated which change is  resultant  from  the  incorpo-
     9  ration;
    10    k.  the  estimated  real property tax impact for a five year period on
    11  the area of the town remaining unincorporated;
    12    l.  the  population,  demographic,  socio-economic  and  environmental
    13  impact on the area of the town remaining unincorporated;
    14    m.  the impact of anticipated land use and infrastructure needs within
    15  the area of the town remaining unincorporated;
    16    n. a description of the share of any liability or indebtedness, bonded
    17  or otherwise, incurred by the town on account  of  projects  within  the
    18  territory proposed to be incorporated;
    19    o. a description of the share of any liability or indebtedness, bonded
    20  or  otherwise,  incurred  by any special district on account of projects
    21  within the territory proposed to be incorporated;
    22    p. a description of  the  proportionate  share  of  any  liability  or
    23  indebtedness bonded or otherwise, incurred by the town; and
    24    q.  a  description  of  the  proportionate  share  of any liability or
    25  indebtedness, bonded or otherwise, incurred by any special district.
    26    § 2-266 Hearing on the community impact statement.   1. Within  eighty
    27  days  after  it is determined that there is a right to election pursuant
    28  to section 2-212 of this chapter, the town board of each town  in  which
    29  the territory proposed for incorporation is located shall cause a notice
    30  to be posted: (i) on the town website, (ii) in five public places in the
    31  town  in  the  territory  proposed to be incorporated, and (iii) in five
    32  public places in the territory outside of the villages in the  town  and
    33  outside the territory proposed to be incorporated. In addition, the town
    34  board shall cause a copy of the notice to be published at least twice in
    35  the newspaper or newspapers designated pursuant to subdivision eleven of
    36  section sixty-four of the town law.
    37    2.  The  notice  shall state: that a petition for the incorporation of
    38  the village of (name of village) has been  received;  that  a  community
    39  impact  statement  has  been  prepared;  that at town hall or such other
    40  place in the town as the town board determines on a specified  date  and
    41  time,  not  less than twenty nor more than thirty days after the date of
    42  the posting and first publication of such notice, a hearing will be  had
    43  upon  the consideration of the community impact of the proposed incorpo-
    44  ration; and, that such petition and community impact statement  will  be
    45  available  for  public  inspection in the office of the town clerk until
    46  the date of such hearing.
    47    3. The town board of each affected town shall hold a  hearing  on  the
    48  community  impact  of  the  proposed  incorporation  as specified in the
    49  notice.
    50    4. Within thirty days after the completion of its hearing,  each  town
    51  board:
    52    a.  shall issue a report on its findings with respect to paragraphs a,
    53  b, c, d, e, f, g, h, i, j, k, l, m, n, o, p and q of subdivision six  of
    54  section 2-264 of this article and any other matters the town board deems
    55  relevant;

        A. 8423--A                          4
 
     1    b.  file  the report with its town clerk which shall constitute Part C
     2  of the community impact statement; and
     3    c. shall cause a copy of the complete community impact statement to be
     4  posted on the town website and to be displayed and readily accessible to
     5  the public in any ways that the town board deems appropriate.
     6    5.  Simultaneously  with  issuing  its  report, the town board of each
     7  affected town shall enact a resolution calling for a referendum  on  the
     8  question of incorporation to be held within thirty days.
     9    6. Where more than one town is affected, the town boards shall cooper-
    10  ate, coordinate and set the same date for the referendum on the question
    11  of incorporation.
    12    § 2-268 Canvass of election. No incorporation shall take effect except
    13  upon  the  affirmative vote on the question of incorporation by both (i)
    14  the majority vote of those residents who qualify to vote for town  offi-
    15  cers  in the territory proposed for incorporation, and (ii) the majority
    16  vote of those residents who qualify to vote for  town  officers  in  the
    17  town outside of the existing villages and outside the territory proposed
    18  for incorporation. Where more than one town is affected, the affirmative
    19  vote  of  residents outside of the territory proposed to be incorporated
    20  must be an affirmative vote of each town canvassed separately. If such a
    21  majority vote does not result in each  separate  group  of  voters,  the
    22  referendum shall fail and incorporation shall not take effect.
    23    § 2. Transition; pending petitions for village incorporation.  1. If a
    24  petition  for  the  incorporation of a village has been filed and deter-
    25  mined legally sufficient prior to the effective date of this  act  in  a
    26  town  which  adopts  or has adopted the provisions of article 3-A of the
    27  town law and an election to determine the question of incorporation  has
    28  not been held:
    29    a.  no  election  to  determine the question of incorporation may been
    30  held until 45 days after the effective date of this act and, if the town
    31  board adopts the provisions of article 2-A of the village law, not until
    32  after the town board has held a hearing  on  the  community  impact  and
    33  scheduled a referendum pursuant to section 2-266 of the village law; and
    34    b. such town board may adopt the provisions of article 2-A of the town
    35  law within 30 days after the effective date of this act; and
    36    c.  within  thirty days after the town board adopts article 2-A of the
    37  village law, Part A of  the  community  impact  statement  described  in
    38  section  2-264  of the village law shall be filed with the town clerk on
    39  behalf of the petitioners; and within sixty days after  the  town  board
    40  adopts  article  2-A  of the village law, the town supervisor shall file
    41  Part B of the community impact statement described in section  2-264  of
    42  the village law.
    43    2. Except as set forth in this section, the provisions of article 2 of
    44  the  village  law  shall be applicable to any such petition for incorpo-
    45  ration.
    46    § 3. This act shall take effect immediately.
Go to top