2023 New York Laws › VIL - Village › Article 2 - Incorporation › 2-260 - Village Incorporation Commission and General Administration.

§  2-260  Village incorporation commission and general administration.
1.  a. There is hereby established within  the  department  of  state  a
village  incorporation commission. The commission shall consist of three
members appointed as follows:
(1) one member appointed by the secretary of state;
(2) one member appointed by the comptroller; and
(3) one member appointed by the attorney general.
b. Each member of the commission shall serve a term of four years. The
members shall be eligible for reappointment and shall serve until  their
successors are appointed and qualified, and the term of the successor of
any  incumbent  shall  be  calculated from the expiration of the term of
that incumbent. A vacancy occurring other than  by  expiration  of  term
shall  be filled in the same manner as the original appointment, but for
the unexpired term only.
c. A majority of the members of  the  commission  shall  constitute  a
quorum for the purpose of conducting the business thereof and a majority
vote of all the members in office shall be necessary for action.
d. The member appointed by the secretary of state shall be chairperson
of  the  commission,  provided  that  in the absence of the secretary of
state's appointee at any meeting of  the  board  the  appointee  of  the
attorney general or the comptroller, in such order, if either or both be
present, shall act as chairperson.
e.  No member of the commission shall be disqualified from holding any
other public office, nor shall employment be forfeited by reason of  the
member's  appointment  hereunder,  notwithstanding the provisions of any
general, special or local law, ordinance, county or city charter.
2. The commission shall have powers and duties  as  provided  in  this
subdivision.  A  petitioner  may  seek  relief from the commission under
paragraph f of this subdivision in the  event  that  the  petitioner  or
petitioners and town or towns are unable to jointly select a third-party
to  prepare  the  study required by section 2-202 of this article within
thirty-days of the filing of such a request with the town clerk:
a. To accept petitions filed pursuant to this article;
b. To hold hearings as required by this article;
c. To accept and deposit with the state comptroller  all  such  monies
required  to  be paid by those seeking to incorporate a village pursuant
to this article;
d. To evaluate petitions filed pursuant to this article to ensure  all
components required by section 2-202 of this article have been included;
e.  To  make  decisions with regard to whether a village incorporation
election shall proceed based  upon  the  commission's  judgment  of  the
criteria established in sections 2-200 and 2-206 of this article and any
other requirements established in this article.
f.  To  select  a  third-party  designee  from a list submitted by the
petitioner or petitioners  and  town  or  towns  to  prepare  the  study
required  to  be  attached  to the petition pursuant to section 2-202 of
this article;
g. To direct the town clerk or clerks to post notices  of  hearing  in
alternative locations pursuant to section 2-204 of this article;
h.  To  direct the town clerk or clerks to post notices of election in
alternative locations pursuant to section 2-214 of this article; and
i. To direct the town clerk or clerks to post notices of  availability
of  list  for inspection and additions pursuant to section 2-218 of this
article.
3. Prior to issuing its decision with  regard  to  whether  a  village
incorporation  election  shall  proceed,  and  upon receiving a complete
petition seeking village incorporation, the commission shall review  the
study  attached  to  such petition, as required by section 2-202 of this

article, to determine whether such study conforms to the requirements of
section 2-202 of this article.
4. Commission review. The commission shall determine whether:
a.  the  petitioner has submitted a study pursuant to section 2-202 of
this article having all the elements required by this article  and  that
such  study  was provided for public review on the department of state's
website for at least ninety  days  before  any  public  hearing  on  the
petition;
b.  the  proposed village is capable of providing services to the area
proposed to be incorporated;
c.  the  tax  revenue  collected  by  such  proposed   village   would
sufficiently  defray  the  cost  of municipal services at a property tax
rate that favorably compares to the property tax rate  of  the  town  or
towns; and
d.  the  incorporation  would  increase  tax  burdens on those located
within the town or towns within which such  proposed  village  would  be
established.
5.   A  village  incorporation  election  shall  not  proceed  if  the
commission determines based on the evidentiary record that the  petition
or  the study or other exhibits or certifications with the petition does
not meet the requirements of this article or that the  proposed  village
would  not  satisfy  the criteria of paragraph b, c, or d of subdivision
four of this section.
6. A notice of the commission's decision  with  regard  to  whether  a
village  incorporation  shall  proceed  to election shall be by majority
vote,  and  the  department  of  state  shall  post  a  notice  of   the
commission's  decision on the public-facing portion of the department of
state's website. No village incorporation election shall proceed in  the
event  the  commission  rules  adversely  to  such incorporation, except
pursuant to the provisions of section 2-210 of this article.