Authorizes 2 or more municipalities to agree to annex territory

Section 2 adds a new section 703-a to the general municipal law to set forth a procedure allowing the governing bodies of two or more municipalities to· initiate annexation of a territory by joint resolution. The provision would not apply to territory within an agricultural district or to land outside such district but eligible for an agricultural assessment pursuant to article 25AA of the Agriculture and Markets Law.

Sections 3, 5 and 6 of the bill amend provisions of Article 17 of the general municipal law to state that the governing bodies of two or more municipalities may initiate the annexation process for a territory by joint resolution. All the other provisions of Article 17 of the general municipal law governing municipal annexation, including the holding of a special election to determine voter approval of annexation of a territory, remain applicable.

Section 4 of the bill clarifies that in the annexation process, land use considerations are also included, in addition to other real property issues, as already provided for in the statute.

Section 7 establishes the effective date for this legislation.

Justification

Currently, the general municipal law allows for the residents or property owners of a territory desiring annexation, to initiate the annexation process. This bill extends that ability to the governing bodies of municipalities, which represent residents and property owners, to begin the annexation process.

Article 17 of the GML governing municipal annexation requires that a general election by persons residing in the territory proposed to be annexed shall be held to determine the voters' desire for annexation. This legislation does not change that procedure, but merely allows for the municipal annexation process of a territory to begin with a joint resolution adopted by the governing bodies of the municipalities.

There are instances when adjoining municipalities may seek to obtain a new industry within the area in which such municipalities are located. One municipality may have the facilities such as water supply and sewerage disposal while the other municipality has the parcel of land necessary for the needs of the industry. Bringing new industry to the area and the state would provide jobs for the residents of both municipalities, provide increased sales tax revenue for the municipalities in the county and area and provide revenue for the state via the state income tax and sales tax. Once the industry

operates in the area, other jobs could be created such as for restaurant workers, auto repair workers and other service sector jobs.

However, the concept of attracting an industry in competition with other municipalities and states may be dependent upon having a site immediately available upon which construction can take place. If a site of appropriate size is in one municipality and an adjacent municipality has constructed, at great expense, the entire infrastructure necessary for the industry, responsible officials of both municipalities, by working in concert, could provide an industrial site.

This bill provides a means by which the expensive burden placed on the individual land owner to initiate the annexation can be undertaken in concert, by the municipalities most directly impacted with the residents in the territory still having the right to vote on the annexation. Without the approval of a majority of the inhabitants of the area to be annexed, no such annexation can take place.

The bill also clarifies that the annexation process includes land use considerations which may apply to the property to be annexed, in addition to real property matters such as bridges, highways, culverts and pipes, currently included under the law. The bill, as a smart growth measure, would eliminate an existing barrier in New York state for municipalities to consider annexation of a territory as a method to enhance economic benefits and public services to both annexed and annexing territories.

Legislative history

2003-2004: A.6597/S.2782 2005-2006: A.5632/S.2748 2007-2008: A.3940A/S.3231A

Fiscal implications

None.

Local fiscal implications

It is expected that this legislation will provide an economic benefit to the municipalities and citizens of the state.

Effective date

This act shall take effect immediately.