What's happening
This bill requires a feasibility study and public interest review before a territory can incorporate as a new village in New York.
Why it matters
Requires a detailed feasibility study. including budgets, service plans, and five-year property tax impacts—for any area seeking village incorporation, ensuring communities understand the financial and operational consequences before proceeding.
Mandates public disclosure. an executive summary and full feasibility study must be included with the incorporation petition, increasing transparency for residents and neighboring towns who may be affected.
Adds a public interest standard. incorporation petitions must now be evaluated not just for legal sufficiency, but also for whether they serve the overall public interest of both the proposed village and the remaining town(s), allowing broader consideration of community impact.
Shifts population determination to census data. removes subjective determinations of “regular inhabitants” and instead uses the most recent federal census, standardizing and potentially depoliticizing population counts for incorporation eligibility.
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Who cares
Headline styles
Tighten Village Incorporation Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
No co-sponsors yet.
History
- Referred to local government
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.230
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tighten Village Incorporation Rules
In Assembly Committee · Local Governments · Sponsor Fred Thiele
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1855
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. CROCI -- 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 procedure for village incorporation and to repeal subdivision 2 of section 2-200 of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 1 of section 2-200 of the village law is amended to read as follows:
A territory containing a population of at least five hundred persons [who are regular inhabitants thereof, as hereinafter defined,] as determined by the most recent federal census may be incorporated as a village under this chapter provided such territory does not include a part of a city or village and further provided the limits of such territory:
§ 2. Subdivision 2 of section 2-200 of the village law is REPEALED.
§ 3. The village law is amended by adding a new section 2-201 to read as follows:
§ 2-201 Feasibility study. Before a petition for incorporation may be circulated pursuant to section 2-202 of this article, a feasibility study shall first be prepared. Such feasibility study shall include the following:
1. a proposed operating budget for the territory to be incorporated;
2. a proposed capital budget for the area to be incorporated;
3. a description of the services that would be provided by the proposed village and how those services would be delivered; and
4. the estimated property tax impact for a five year period on the territory to be incorporated and the remaining area of the town or towns.
§ 4. Paragraph b of subdivision 1 of section 2-202 of the village law is amended by adding a new subparagraph 7 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02270-01-7
S. 1855 2
(7) An executive summary of the feasibility study, including the estimated real property tax impact on the territory to be incorporated and the remaining area of the town or towns.
§ 5. Paragraph c of subdivision 1 of section 2-202 of the village law is amended by adding a new subparagraph 3 to read as follows:
(3) A copy of the feasibility study.
§ 6. Section 2-204 of the village law, as amended by section 25 of part X of chapter 62 of the laws of 2003, is amended to read as follows:
§ 2-204 Notice of hearing. Within twenty days after the filing of such petition or copies thereof, each supervisor with whom same were filed shall cause to be posted in five public places in that part of such territory located in his town and also to be published at least twice in the newspaper or newspapers designated pursuant to subdivision eleven of section sixty-four of the town law, a joint notice of all such supervisors: that a petition for the incorporation of the village of (naming it) has been received; that at a place in such territory and on a day, not less than twenty nor more than thirty days after the date of the posting and first publication of such notice, which date and place shall be specified therein, a hearing will be had upon such petition; that such petition will be available for public inspection in the office of each town clerk until the date of such hearing; that the purpose of the hearing is to consider the legal sufficiency of the petition and whether such petition is in the overall public interest; that objections to [the legal sufficiency of] the petition must be in writing and signed by one or more of the residents of such town; and that any group of persons having one or more objections in common may make designation in writing and signed by them of at least one but no more than three persons giving the full names and addresses on whom and at which addresses all papers required to be served in connection with the proceeding for incorporation shall be served. A majority of such designees must reside in such town or towns. In the absence of any other suitable place, such hearing shall be held in a school building, if any, located in such territory. If such territory is located in more than one town the hearing shall be noticed and publicized as a joint hearing of all such towns. For the purposes of this section, in the event that the town maintains a website, one of the posting requirements required by this section may be fulfilled by posting such information on the town's website.
§ 7. The opening paragraph of subdivision 1 of section 2-206 of the village law is amended to read as follows:
The supervisor, or supervisors if a joint hearing, with whom the petition or copies thereof, were filed, shall meet at the time and place specified in such notice and shall hear objections which may be presented as to [the legal sufficiency of] the petition for incorporation based upon any of the following grounds:
§ 8. Paragraph f of subdivision 1 of section 2-206 of the village law is amended to read as follows:
f. That such territory does not contain a population of at least five hundred [regular inhabitants] as determined by the most recent federal census;
§ 9. Paragraph g of subdivision 1 of section 2-206 of the village law is relettered paragraph h and a new paragraph g is added to read as follows:
g. That the proposed incorporation is not in the overall public interest: (i) of the territory proposed to be incorporated; or (ii) the remaining area of the town or towns in which such territory is located;
S. 1855 3
§ 10. The section heading of section 2-208 of the village law is amended to read as follows:
Decision [as to legal sufficiency of petition].
§ 11. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 12. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the village law, in relation to the procedure for village incorporation and to repeal subdivision 2 of section 2-200 of such law relating thereto
Purpose or general idea of bill
This bill would alter the procedure for village incorporation with respect to determining population and objections to the petition for incorporation.
Summary of provisions
Section one provides that population for purposes of petitioning for the incorporation of a village shall be determined by the most recent feder- al census.
Section two repeals subdivision 2 of section 2-200 of the village law, which is no longer needed in light of the fact that population will be determined based on the most recent federal census.
Section three amends the village law to require a feasibility study prior to the circulation of a petition for incorporation.
Section four requires that an executive summary of the feasibility study be included in the petition for incorporation.
Section five requires that the feasibility study be attached as an exhibit to each copy of a petition for incorporation.
Section six allows the supervisor to consider whether the petition is in the overall public interest.
Section seven makes a corresponding change to the incorporation hearing process.
Section eight makes a corresponding change regarding the determination of population.
Section nine makes a corresponding change to the grounds for objecting to a petition for incorporation.
Section ten makes a technical change to the form of a Decision on a Petition for Incorporation.
Section eleven contains a severability clause.
Section twelve provides that this act shall take effect immediately.
Justification
It is not the intent of this legislation to hinder incorporation rather, it is designed to provide a more concise and definite process. Under this proposal, the village incorporation law would be revised in three basic ways: First, before a petition for village incorporation could be circulated and filed, a feasibility study would be required to be completed that includes: 1) a proposed operating budget for the territo- ry to be incorporated; 2) a proposed capital budget for the area to be incorporated; 3) a description of services that would be provided by the proposed village and how those services would be delivered; and 4) the estimated property tax impact for a five-year period on the territory to be incorporated and the remaining area of the town or towns. Second, the Tower Supervisor, in considering a petition, would consider the overall public interest in addition to legal sufficiency. Third, the population requirement would be clarified.
Under current law, there is no feasibility study requirement. Also, current law only allows the Town Supervisor to consider the legal suffi- ciency of the petition. Finally, the law utilizes a definition of "regu- lar inhabitant" in determining population which has become the subject of different interpretations. This definition would be replaced by determining population on the basis of the United States Census numbers. This process can assist people in making an informed decision based on fact.
Legislative history
S6503 of 2011/12: Referred to Local Government
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.