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N.Y. Vill. Law § 2-202

Petition for incorporation

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
§ 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. Either one or both of the following two groups of\npersons may petition for such incorporation:\n (1) At least twenty per cent of the residents of such territory\nqualified to vote for town officers in a town in which all or part of\nsuch territory is located.\n (2) The owners of more than fifty percent in assessed valuation of the\nreal property in such territory assessed upon the last completed\nassessment roll of the town in which such territory is located. However,\nif such territory is located in more than one town it shall be required\nin computing such percentage to equalize the assessed valuations for\neach town; furthermore, in such case, the petition must be signed by the\nowners of more than fifty percent in full valuation of the real property\nin each part of each town in such territory and computed separately for\neach such part, and assessed upon the last completed assessment rolls of\nthe towns in which any part of such territory is located. Full valuation\nshall be determined by applying the appropriate equalization rate to\nsuch assessed valuations. If real property in such territory is owned by\ntenants in common, joint tenants or tenants by the entirety, each such\ntenant, as a signer of such petition shall, for the purpose of\nascertaining the percentage of the assessed valuation upon which the\npetition is based, be considered as the owner of an interest in such\nreal property equal to the result reached by dividing the assessed\nvaluation by the number of owners thereof and shall be credited to that\nextent with part of the total assessed valuation thereof. In the event\nsuch real property is part of a parcel of land partially situated within\nsuch territory, the town assessor or assessors shall, for the purposes\nof this section make an apportionment of the assessed value of such part\nas is in such territory. In such a case, only the apportioned value\nattributed to such part shall be considered.\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 five hundred 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. If the petition is alleged to be signed by the owners of more than\nfifty per cent in assessed or full valuation, as the case may be, of the\nreal property in such territory, there shall be attached to the petition\nfollowing the signatures of the petitioners an affidavit or affidavits\ncertifying as follows:\n (1) If such territory is located entirely in one town, a certification\nby an assessor thereof certifying to the total assessed valuation of\nsuch territory and the correct total amount thereof owned by the signers\nof the petition, or\n (2) If such territory is located in more than one town, separate\ncertifications by an assessor of each town certifying to the total full\nvaluation of that portion of such territory located in such town and the\ncorrect total amount of full valuation of real property in such\nterritory and town owned by the signers of the petition, as specified in\nsubparagraph two of paragraph a of subdivision one of this section.\n e. 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; and, if the\npetition is based on the ownership of more than fifty per cent in\nassessed or full valuation, as the case may be, of the real property\nlocated in such territory, the amount of assessed valuation of real\nproperty owned by the signer as credited to him in accordance with\nsubparagraph two of paragraph a of subdivision one of this section.\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 f. 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
§ 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 one thousand five hundred 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 (3) Study of proposed village and surrounding town or towns. A study\nthat addresses the fiscal, service, and taxation interests of the\npopulation which would constitute the residents of such territory to be\nincorporated as a village, as indicated in clause (a) of this\nsubparagraph, and that provides for an impact assessment that shall\nevaluate the fiscal and operational effects of incorporation of the\nproposed village on the surrounding town or towns wherein the village\nwould be incorporated, as indicated in clause (b) of this subparagraph.\nThe study shall include a certification that it sets forth all the\nelements required by this section.\n (a) Fiscal, service, and taxation assessment of proposed village. An\nassessment of the fiscal, service, and taxation interests of the\npopulation which would constitute the residents of such territory to be\nincorporated as a village, must include the following elements of the\nproposed village:\n (i) Inventory. List the number of parcels by property classification.\nFor each such property, list the full valuation and taxable assessed\nvalue as appearing on the most recent applicable final assessment roll.\n (ii) Taxes. Provide a fiscal estimate of all taxes that could be\ncollected for the structures and places listed on the inventory this\nclause requires to be developed. The town or towns' current property tax\nrate and assessment should be used in developing the fiscal estimate.\n (iii) Revenue. Other than taxes, list all other sources of revenue\nexpected to be generated for the area of the proposed village.\n (iv) Operations. Provide an estimate of what it would cost to operate\nthe proposed village listing expenditures required in connection with\nthe appointment or hiring of personnel to provide the services\nidentified pursuant to item (v) of this clause, the holding of meetings\nof the board of trustees, and designating an official newspaper.\n (v) Services. List the municipal services currently provided within\nthe area of the proposed village and how such services are provided,\nlist all municipal services proposed to be provided upon incorporation\nof the proposed village, and how such municipal services are expected to\nbe provided. Municipal services may include, but are not limited to:\npolice; fire; water; sewer; enforcement of any planning, zoning, and\nland use regulations; and, enforcement of the New York state uniform\nfire prevention and building code and energy conservation construction\ncode.\n (b) Impact assessment and study of surrounding town or towns. An\nimpact assessment that provides an evaluation of the fiscal and\noperational effects of incorporation of the proposed village on the\nsurrounding town or towns wherein the village would be incorporated,\nmust include the following elements:\n (i) Revenue and expenditures. List the estimated taxes, other revenue\nand expenditures for the area of the town or towns outside of the\nproposed village.\n (ii) Fiscal impact. A description of the manner and means by which the\nresidents of the area of the town or towns outside the proposed village\nwill continue to be furnished municipal services following the village's\nincorporation, an estimation of any change in the property tax rate for\nthe area of the town or towns outside of the proposed village to\ncontinue such services. Provide such estimate with respect to the area\nof the town or towns outside the proposed village services only.\n (iii) Economic impact. Assess the potential economic impact to the\ntown or towns outside of the proposed village upon incorporation of such\nvillage.\n (iv) Land use impact. Assess the potential impact to the town or towns\noutside of the proposed village from the loss of land use, planning and\nzoning control within the area proposed to be incorporated.\n (c) Submission. The study must be submitted to the commission and\nfiled in the manner provided by this subdivision.\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, the study\nand all exhibits and certifications required by this section shall be\nfiled with the commission. Duplicate originals, photocopies or other\nsimilar reproductions of the original petition, the study and all\nexhibits and certifications required by this section shall be filed with\nthe town clerk of each 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 the department of state, on behalf of the commission, the\nsum of six thousand dollars to pay the cost of posting, publishing and\nserving required notices, stenographic services and services of\ninspectors of election in the event incorporation is not effected.\n 2. Study attached to the petition. The study to be submitted shall be\na study prepared by a third-party jointly selected by the petitioner or\npetitioners and the supervisors of the town or towns which shall be\nconfirmed in writing by the petitioner or petitioners and clerks of the\ntown or towns, or a study prepared pursuant to paragraph f of\nsubdivision two of section 2-260 of this article; and provided further,\nthat the department of state shall post such study on its website within\nten days of receiving the study from the petitioner or petitioners. Such\nstudy shall be paid for by the petitioner or petitioners except in cases\nwhere an appropriation has been provided to pay for the study.\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.