Authorizes 2 or more municipalities to agree to annex territory

Summary of provisions

Section 1 amends section 703 of the GML to clarify that the procedure described therein is for a petition to initiate annexation by residents or property owners of a municipality.

Section 2 adds a new section 703-a to the GML to set forth a procedure allowing the governing bodies of two or more municipalities to initiate annexation by joint resolution. The provision would not apply to territory which is entirely uninhabited or 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 GML to state that the governing bodies of two or more municipalities may initiate the annexation process by joint resolution.

Section 3 would also be amended to require notification of property owners by mail, making a good faith effort to reach all property owners, and also require both municipalities to post notice of the hearing on the proposal on their websites. All the other provisions of Article 17 governing municipal annexation, including the holding of a special election to determine voter approval of annexation, 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 6 also amends section 713 of the GML to clarify that persons residing outside of the proposed annexation territory, but on a parcel of land with a portion within the annexation territory, would be eligible to vote on the annexation proposal provided they otherwise are an eligible voter.

Section 7 establishes the effective date for this legislation.

Justification

Currently, the general municipal law allows for the residents or property owners of a municipality desiring annexation, to initiate the annexation process. This bill extends that ability to the governing bodies of municipalities, which represent residents and property owners, and which may be in the best position to begin the annexation process. Article 17 of the GML governing municipal annexation requires that a general election be held to determine the voters' desire for annexation. This legislation does not change that procedure, but merely allows for the municipal annexation process to begin with a joint resolution adopted by the governing bodies of the municipalities. This smart growth measure would eliminate an existing barrier in New York State for municipalities to consider annexation as a method to enhance economic benefits and public service, to both annexed and annexing territories. In addition, the bill 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.

To protect non-resident property owners, who are not allowed to vote in the election to approve annexation, the bill would require a good faith effort to mail notification to all affected owners, and not allow this process to be used if all of the properties to be annexed were uninhabited, having no resident owners. In addition, if an uninhabited portion of a resident property owner's parcel was proposed to be annexed they would still have a right to vote under this bill.

Legislative history

2011: S.4359 Passed Senate; A.5823 Referred to Local Governments Committee 2009-10: S.5430 Referred to Local Governments Committee A.8241 Referred to Local Governments Committee 2007-08: S.3231-A Passed Senate A.3940-A Referred to Local Governments Committee 2005-06: S.2748 Passed Senate; A.5632 Referred to Local Governments Committee 2003-04: S.2782 Passed Senate; A.6597 Referred to Local Governments Committee

Fiscal implications

None to the state.

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.