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N.Y. Vill. Law § 2-202

Petition for incorporation

Showing this section's text as in effect on January 1, 2024 (in force January 1, 2024 – January 1, 2025). View current text →

§ 2-202 Petition for incorporation. 1. A proceeding for the\nincorporation of such territory as a village shall commence with a\npetition. The requirements for such petition are as follows:\n a. Petitioners. Signatures from at least twenty percent of the\nresidents of such territory qualified to vote for town officers in a\ntown in which all or part of such territory is located shall be required\nin order to commence a proceeding for the incorporation of such\nterritory as a village.\n b. Contents of petition. The petition shall contain the following\ninformation:\n (1) An allegation of the basis on which the petition is signed.\n (2) The name of the proposed village.\n (3) An allegation that such territory contains a population of at\nleast two thousand regular inhabitants.\n (4) The manner in which the area requirements of section 2-200 of this\narticle are satisfied.\n (5) A designation of at least one but no more than three persons,\ngiving full names and addresses, on whom and at which addresses all\npapers required to be served in connection with the proceeding for\nincorporation, shall be served. A majority of such designees must reside\nin such territory.\n (6) Each page of the petition and all exhibits and certifications\nshall be securely fastened together.\n c. Exhibits and certifications. Each copy of the petition shall have\nattached thereto prior to the signature pages:\n (1) A description of such territory sufficient to identify the\nlocation and extent of such territory with common certainty and which\nshall be in one of the following forms or a combination thereof: (a) a\nmetes and bounds description; (b) a description made with reference to\nexisting streets and navigable waters or a combination of same; or (c) a\nmap showing existing streets and navigable waters or a combination of\nsame forming boundaries or metes and bounds or the entire boundaries of\none or more districts of an entire town.\n (2) A list of the names and address of the regular inhabitants of such\nterritory.\n d. Execution of petition. (1) The signatures to a petition shall be\nsubscribed on a separate page or pages following the exhibits.\n (2) Prefatory statement. Each signature page shall be prefaced by a\nstatement of the basis on which the petition is signed and of the\npetitioners' familiarity with the contents and purpose thereof and the\nboundaries of the territory sought to be incorporated.\n (3) Additional information. Following each signature there shall be\nset forth, not necessarily by the signer, the signer's address\nconsisting of street name and number, if any, and town.\n (4) Authentication. There shall be set forth at the bottom of each\npage of signatures an authenticating affidavit of a witness to the\nsigning thereof which shall be in substantially the following form:\nSTATE OF NEW YORK\nCOUNTY OF ss.:\n....................................................... being duly sworn,\n(name of witness)\nsays:\nI reside at ..................................................... in the\n (street name and number)\n................................. of ....................................\n(town, city or village) (name of municipality)\n............................................... in the State of New York:\nI know each of the persons whose names are subscribed to the above sheet\nhaving .................................... signatures; and each of them\n (number)\nsubscribed the same in my presence.\n ...................................\n (signature of witness)\nSworn to before me\nThis .................. day of .................., ....................\n (day) (month) (year)\n ...............................\n (official title of officer)\n e. Filing and deposit. (1) Filing. The original petition shall be\nfiled with a supervisor of the town in which all or the greatest part of\nsuch territory is located. Duplicate originals, photocopies or other\nsimilar reproductions of the original petition shall be filed with a\nsupervisor of each other town in which any portion of such territory is\nlocated.\n (2) Deposit. At the time of filing of the petition there shall be\ndeposited with each supervisor with whom the original or a copy of the\noriginal is filed, the sum of six thousand dollars to pay the cost of\nposting, publishing and serving required notices, stenographic services\nand services of inspectors of election in the event incorporation is not\neffected.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.