N.Y. Vill. Law § 2-259

§ 2-259 Village incorporation commission. 1. a. There is hereby\nestablished within the department of state a village incorporation\ncommission. The commission shall consist of three members appointed as\nfollows:\n (1) one member appointed by the secretary of state;\n (2) one member appointed by the comptroller; and\n (3) one member appointed by the attorney general.\n b. Each member of the commission shall serve a term of four years. The\nmembers shall be eligible for reappointment and shall serve until their\nsuccessors are appointed and qualified, and the term of the successor of\nany incumbent shall be calculated from the expiration of the term of\nthat incumbent. A vacancy occurring other than by expiration of term\nshall be filled in the same manner as the original appointment, but for\nthe unexpired term only.\n c. A majority of the members of the commission shall constitute a\nquorum for the purpose of conducting the business thereof and a majority\nvote of all the members in office shall be necessary for action.\n 2. The commission shall:\n a. accept petitions filed pursuant to this article;\n b. hold hearings as required by this article;\n c. accept and deposit with the state comptroller all such monies\nrequired to be paid by those seeking to incorporate a village pursuant\nto this article; and\n d. evaluate petitions filed pursuant to this article and make\ndecisions with regard to whether a village incorporation election shall\nproceed based upon the commission's judgment of the criteria established\nin sections 2-200 and 2-206 of this article and any other requirements\nestablished in this article.\n 3. Prior to issuing its decision with regard to whether a village\nincorporation election shall proceed, the commission shall complete two\nstudies after receiving a petition for village incorporation, which\nshall take the following form:\n a. The first study shall consist of a feasibility assessment, which\nshall examine the proposed village's ability to provide services to its\npopulation in an efficient manner. The feasibility study shall also\nevaluate the proposed village's fiscal capacity to provide these\nservices; and\n b. The second study shall consist of an impact assessment that shall\nevaluate the fiscal and operational effects of incorporation on the\nsurrounding town and the rest of the local area. These impacts shall\ninclude fiscal, service, political, environmental, and land use impacts.\n c. In addition to the studies required pursuant to each petition for\nvillage incorporation, the village incorporation commission shall also\nproduce a report on its recommendations with regard to the village\nincorporation process pursuant to this article. Such report shall\nprovide the commission's analysis and recommendations on the following:\n (i) The number of petitions required for a village incorporation\npetition;\n (ii) The population required to incorporate a village;\n (iii) Whether the signatures of the residents of such territory\nqualified to vote for town officers in the unincorporated part of such\ntown that is not part of such territory where such village would be\nincorporated nor part of another village should be required in order to\ncommence a proceeding for the incorporation of such territory as a\nvillage;\n (iv) Whether the residents of such territory qualified to vote for\ntown officers in the unincorporated part of such town that is not part\nof such territory where such village would be incorporated nor part of\nanother village would be entitled to vote in village incorporation\nelections;\n (v) Whether population density should be considered in the village\nincorporation process;\n (vi) Whether the requirements of this article are adequate to protect\nthe fiscal, service, and taxation interests of the residents of the\nproposed village and those residents of the surrounding areas; and\n (vii) Any other information and recommendations the village\nincorporation commission deems relevant.\n d. The report required pursuant to paragraph c of this subdivision\nshall be published on the public facing portion of the department of\nstate's website, and the secretary of state or his or her designee shall\ntransmit the commission's findings and recommendations to the speaker of\nthe assembly, the temporary president of the senate, and the governor on\nor before two years from the effective date of this section.\n 4. The studies required pursuant to this section shall be paid by\nfunds appropriated pursuant to section two hundred thirty-nine-bb of the\ngeneral municipal law.\n 5. The commission's decision with regard to whether a village\nincorporation shall proceed shall be by majority vote, and the\ncommission shall post a notice of its decision on the public-facing\nportion of the department of state's website. No village incorporation\nelection shall proceed in the event the commission rules adversely to\nsuch incorporation, except pursuant to the provisions of section 2-210\nof this article.\n 6. No village incorporation election shall proceed until January\nfirst, two thousand twenty-four.\n