2023 New York Laws › VIL - Village › Article 2 - Incorporation › 2-202 - Petition for Incorporation.

§   2-202   Petition  for  incorporation.  1.  A  proceeding  for  the
incorporation of such territory as  a  village  shall  commence  with  a
petition. The requirements for such petition are as follows:
a.  Petitioners.  Signatures  from  at  least  twenty  percent  of the
residents of such territory qualified to vote for  town  officers  in  a
town in which all or part of such territory is located shall be required
in  order  to  commence  a  proceeding  for  the  incorporation  of such
territory as a village.
b. Contents of petition. The  petition  shall  contain  the  following
information:
(1) An allegation of the basis on which the petition is signed.
(2) The name of the proposed village.
(3)  An  allegation  that  such  territory contains a population of at
least one thousand five hundred regular inhabitants.
(4) The manner in which the area requirements of section 2-200 of this
article are satisfied.
(5) A designation of at least one but  no  more  than  three  persons,
giving  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 territory.
(6)  Each  page  of  the  petition and all exhibits and certifications
shall be securely fastened together.
c. Exhibits and certifications. Each copy of the petition  shall  have
attached thereto prior to the signature pages:
(1)  A  description  of  such  territory  sufficient  to  identify the
location and extent of such territory with common  certainty  and  which
shall  be  in one of the following forms or a combination thereof: (a) a
metes and bounds description; (b) a description made with  reference  to
existing streets and navigable waters or a combination of same; or (c) a
map  showing  existing  streets and navigable waters or a combination of
same forming boundaries or metes and bounds or the entire boundaries  of
one or more districts of an entire town.
(2) A list of the names and address of the regular inhabitants of such
territory.
(3)  Study  of proposed village and surrounding town or towns. A study
that addresses the  fiscal,  service,  and  taxation  interests  of  the
population  which would constitute the residents of such territory to be
incorporated  as  a  village,  as  indicated  in  clause  (a)  of   this
subparagraph,  and  that  provides  for  an impact assessment that shall
evaluate the fiscal and operational  effects  of  incorporation  of  the
proposed  village  on  the surrounding town or towns wherein the village
would be incorporated, as indicated in clause (b) of this  subparagraph.
The  study  shall  include  a  certification  that it sets forth all the
elements required by this section.
(a) Fiscal, service, and taxation assessment of proposed  village.  An
assessment  of  the  fiscal,  service,  and  taxation  interests  of the
population which would constitute the residents of such territory to  be
incorporated  as  a  village, must include the following elements of the
proposed village:
(i) Inventory. List the number of parcels by property  classification.
For  each  such  property,  list the full valuation and taxable assessed
value as appearing on the most recent applicable final assessment roll.
(ii) Taxes. Provide a fiscal estimate  of  all  taxes  that  could  be
collected  for  the  structures  and places listed on the inventory this
clause requires to be developed. The town or towns' current property tax
rate and assessment should be used in developing the fiscal estimate.
(iii) Revenue. Other than taxes, list all  other  sources  of  revenue
expected to be generated for the area of the proposed village.
(iv)  Operations. Provide an estimate of what it would cost to operate
the proposed village listing expenditures required  in  connection  with
the   appointment  or  hiring  of  personnel  to  provide  the  services
identified pursuant to item (v) of this clause, the holding of  meetings
of the board of trustees, and designating an official newspaper.
(v)  Services.  List  the municipal services currently provided within
the area of the proposed village and how  such  services  are  provided,
list  all  municipal services proposed to be provided upon incorporation
of the proposed village, and how such municipal services are expected to
be provided. Municipal services may include, but  are  not  limited  to:
police;  fire;  water;  sewer;  enforcement of any planning, zoning, and
land use regulations; and, enforcement of the  New  York  state  uniform
fire  prevention  and building code and energy conservation construction
code.
(b) Impact assessment and study  of  surrounding  town  or  towns.  An
impact  assessment  that  provides  an  evaluation  of  the  fiscal  and
operational effects of incorporation of  the  proposed  village  on  the
surrounding  town  or  towns  wherein the village would be incorporated,
must include the following elements:
(i) Revenue and expenditures. List the estimated taxes, other  revenue
and  expenditures  for  the  area  of  the  town or towns outside of the
proposed village.
(ii) Fiscal impact. A description of the manner and means by which the
residents of the area of the town or towns outside the proposed  village
will continue to be furnished municipal services following the village's
incorporation,  an estimation of any change in the property tax rate for
the area of the town  or  towns  outside  of  the  proposed  village  to
continue  such  services. Provide such estimate with respect to the area
of the town or towns outside the proposed village services only.
(iii) Economic impact. Assess the potential  economic  impact  to  the
town or towns outside of the proposed village upon incorporation of such
village.
(iv) Land use impact. Assess the potential impact to the town or towns
outside  of the proposed village from the loss of land use, planning and
zoning control within the area proposed to be incorporated.
(c) Submission. The study must be  submitted  to  the  commission  and
filed in the manner provided by this subdivision.
d.  Execution  of  petition. (1) The signatures to a petition shall be
subscribed on a separate page or pages following the exhibits.
(2) Prefatory statement. Each signature page shall be  prefaced  by  a
statement  of  the  basis  on  which  the  petition is signed and of the
petitioners' familiarity with the contents and purpose thereof  and  the
boundaries of the territory sought to be incorporated.
(3)  Additional  information.  Following each signature there shall be
set  forth,  not  necessarily  by  the  signer,  the  signer's   address
consisting of street name and number, if any, and town.
(4)  Authentication.  There  shall  be set forth at the bottom of each
page of signatures an authenticating  affidavit  of  a  witness  to  the
signing thereof which shall be in substantially the following form:
 
STATE OF NEW YORK
COUNTY OF            ss.:
 
...................................................... being duly sworn,
(name of witness)
says:

I reside at ..................................................... in the
street name and number)
................................ of ....................................
(town, city or village)                       name of municipality)
.............................................. in the State of New York:
I know each of the persons whose names are subscribed to the above sheet
having .................................... signatures; and each of them
(number)
subscribed the same in my presence.
...................................
signature of witness)
 
Sworn to before me
This .................. day of ..................,  ....................
(day)
(month)
(year)
 
 ...............................
official title of officer)
e.  Filing  and  deposit. (1) Filing. The original petition, the study
and all exhibits and certifications required by this  section  shall  be
filed  with  the  commission.  Duplicate originals, photocopies or other
similar reproductions of  the  original  petition,  the  study  and  all
exhibits and certifications required by this section shall be filed with
the  town  clerk  of each town in which any portion of such territory is
located.
(2) Deposit. At the time of filing of  the  petition  there  shall  be
deposited with the department of state, on behalf of the commission, the
sum  of  six thousand dollars to pay the cost of posting, publishing and
serving  required  notices,  stenographic  services  and   services   of
inspectors of election in the event incorporation is not effected.
2.  Study attached to the petition. The study to be submitted shall be
a study prepared by a third-party jointly selected by the petitioner  or
petitioners  and  the  supervisors  of  the town or towns which shall be
confirmed in writing by the petitioner or petitioners and clerks of  the
town  or  towns,  or  a  study  prepared  pursuant  to  paragraph  f  of
subdivision two of section 2-260 of this article; and provided  further,
that the department of state shall post such study on its website within
ten days of receiving the study from the petitioner or petitioners. Such
study shall be paid for by the petitioner or petitioners except in cases
where an appropriation has been provided to pay for the study.