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.