S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8423
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  provide  a procedure for village incorporation in a certain
   town in Westchester
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Notwithstanding article 2 of the village law, in the town
 of Greenburgh, in the county of Westchester, the incorporation of a  new
 village  shall  be  pursuant  to  the  provisions  of  this act. For the
 purposes of this act "town" shall mean the town  of  Greenburgh.  A  new
 village may be incorporated only on the majority vote of those qualified
 voters who cast their ballot in an election held on a valid petition and
 after the town board's finding of no significant adverse impact pursuant
 to the provisions of this act.
   §  2. Population and area requirements. 1. A territory may be incorpo-
 rated as a village under this  act  providing  it  meets  the  following
 conditions:
   a.  The  territory  contains  a  population  of  at least one thousand
 persons, who are regular inhabitants thereof, as hereinafter defined;
   b. The territory does not include a part of  a  city  or  village  and
 further provided the limits of such territory:
   (1) do not contain more than five square miles; or,
   (2) are coterminous with:
   (i)  the  entire boundaries of one school, fire, fire protection, fire
 alarm, town special or town improvement district; and/or
   (ii) parts of the boundaries of  more  than  one  school,  fire,  fire
 protection,  fire  alarm, town special or town improvement district, all
 of which are wholly contained within such limits and  within  the  town;
 and/or
   (iii) the entire boundaries of the town; and/or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13185-03-7
              

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   (iv) the entire boundaries of the territory of the town outside of the
 incorporated villages.
   2.  The words "regular inhabitants" as used herein and for the purpose
 of this act shall include all persons residing in the territory proposed
 to be incorporated except  such  persons  who  themselves,  or  who  are
 persons under the age of eighteen years residing with persons who, main-
 tain  a  residence outside such territory which is used as their address
 for purposes of voting.
   § 3. Community Impact Statement. 1. A two-part community impact state-
 ment shall be prepared and filed with the  town  clerk.  Such  community
 impact  statement shall be written in plain language in a concise manner
 capable of being read and understood by the public.
   2. Before a petition for incorporation may be circulated  pursuant  to
 section  four  of  this  act, "Part A" of the community impact statement
 shall be prepared and filed on behalf of  the  petitioners  which  shall
 include the following:
   a. a  proposed  five  year  operating  budget  for the territory to be
 incorporated;
   b. a proposed five year capital budget for the territory to be  incor-
 porated;
   c.  a  description  of  the  services  that  would  be provided by the
 proposed village;
   d. a description of any deficiency in services provided  by  the  town
 and the manner in which the incorporation would remedy the deficiency;
   e.  the  estimated  real property tax impact for a five year period on
 the territory to be incorporated;
   f.  the  population,  demographic,  socio-economic  and  environmental
 impacts on the territory to be incorporated; and
   g.  the  impact  of  the anticipated land use and infrastructure needs
 within the territory to be incorporated.
   3. Within thirty days after the supervisor files  a  decision  that  a
 petition  is  legally  sufficient, the supervisor shall prepare and file
 "Part B" of the community  impact  statement  which  shall  include  the
 following:
   a.  a  proposed  five  year  operating budget for the area of the town
 remaining unincorporated;
   b. a proposed five year capital  budget  for  the  area  of  the  town
 remaining unincorporated;
   c.  a  description  of any change of services for the area of the town
 remaining unincorporated which change is  resultant  from  the  incorpo-
 ration;
   d.  the  estimated  real property tax impact for a five year period on
 the area of the town remaining unincorporated;
   e.  the  population,  demographic,  socio-economic  and  environmental
 impact on the area of the town remaining unincorporated;
   f.  the impact of anticipated land use and infrastructure needs within
 the area of the town remaining unincorporated;
   4. The supervisor shall provide to the petitioner any and all informa-
 tion as the petitioner may reasonably require to prepare Part A  of  the
 community  impact statement. The petitioners shall provide to the super-
 visor any and all  information  as  he/she  may  reasonably  require  to
 prepare Part B of the community impact statement.
   § 4. Petition for incorporation. 1. A proceeding for the incorporation
 of such territory as a village shall commence with the filing of a peti-
 tion with the supervisor.
   2. The requirements for such petition are as follows:

 A. 8423                             3
 
   a. Either one or both of the following two groups of persons may peti-
 tion for such incorporation:
   (1)  At least twenty percent of the residents of such territory quali-
 fied to vote for town officers in the town.
   (2) The owners of more than fifty percent in assessed valuation of the
 real property in such territory assessed upon the last completed assess-
 ment roll of the town.  Full valuation shall be determined  by  applying
 the  appropriate  equalization rate to such assessed valuations. If real
 property in such territory is owned by tenants in common, joint  tenants
 or  tenants by the entirety, each such tenant, as assigner of such peti-
 tion shall, for the  purpose  of  ascertaining  the  percentage  of  the
 assessed  valuation  upon  which the petition is based, be considered as
 the owner of an interest in such  real  property  equal  to  the  result
 reached by dividing the assessed valuation by the number of owners ther-
 eof and shall be credited to that extent with part of the total assessed
 valuation  thereof.  In the event such real property is part of a parcel
 of land partially situated within such territory, the town  assessor  or
 assessors  shall, for the purposes of this section make an apportionment
 of the assessed value of such part as is in such territory.  In  such  a
 case,  only  the  apportioned  value  attributed  to  such part shall be
 considered.
   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 regular inhabitants.
   (4) The manner in which the area requirements of section two  of  this
 act  are  satisfied  along  with a land survey prepared by a surveyor or
 engineer licensed in the state of New York.
   (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 dated and numbered.
   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  certified  by  a  surveyor  or  engineer
 licensed in the state of New York; (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 the town.
   (2) A list of the names and address of the regular inhabitants of such
 territory.
   (3) If the petition is alleged to be signed by the owners of more than
 fifty per cent in assessed or full valuation, as the case may be, of the
 real property in such territory, there shall be attached to the petition
 following  the signatures of the petitioners an affidavit by an assessor
 certifying the total  assessed  valuation  of  such  territory  and  the
 correct total amount thereof owned by the signers of the petition.

 A. 8423                             4
 
   d.  Execution  of  petition. (1) Signature pages.  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  peti-
 tioners' familiarity with the contents and purpose thereof and the boun-
 daries 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  consist-
 ing of street name and number, if any, and town; and, if the petition is
 based  on  the  ownership of more than fifty percent in assessed or full
 valuation, as the case may be, of the  real  property  located  in  such
 territory,  the  amount  of assessed valuation of real property owned by
 the signer as credited to him or her in accordance with subparagraph two
 of paragraph a of subdivision two of this section.
   (4) Authentication. There shall be set forth at  the  bottom  of  each
 page of signatures an authenticating affidavit of a witness to the sign-
 ing 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)
   3. Filing and deposit. a. Filing. The original petition, including all
 exhibits  and  certifications,  shall  be  filed with the supervisor and
 duplicate originals, photocopies or other similar reproductions  of  the
 original petition shall be filed with the town board.
   b.  Deposit.  At  the  time  of  filing of the petition there shall be
 deposited with the supervisor 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 incorpo-
 ration is not effected.

 A. 8423                             5
 
   § 5. Notice of hearing on legal sufficiency of the petition.    Within
 twenty  days  after  the  filing  of such petition, the supervisor shall
 cause to be posted on the town's website, in five public places in  that
 territory  and  also  to be published at least twice in the newspaper or
 newspapers  designated  pursuant to subdivision eleven of section sixty-
 four of the town law: that a  petition  for  the  incorporation  of  the
 village of (naming it) has been received; that at a place in such terri-
 tory  and on a day, not less than twenty nor more than thirty days after
 the date of the posting and first publication of such notice, which date
 and place shall be specified therein, a hearing will be  had  upon  such
 petition;  that such petition will be available for public inspection in
 the office of the town clerk until the date of such  hearing;  that  the
 purpose of the hearing is to consider the legal sufficiency of the peti-
 tion;  that  objections to the legal sufficiency of the petition must be
 in writing and signed by one or more of the residents of the  town;  and
 that  any  group  of persons having one or more objections in common may
 make designation in writing and signed by them of at least  one  but  no
 more  than three persons giving the 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 the town. In the absence of any other  suitable
 place,  such hearing shall be held in a school building, if any, located
 in such territory.
   § 6. Proceeding on hearing on the legal sufficiency of  the  petition.
 1.  The  supervisor  shall  meet at the time and place specified in such
 notice and shall hear objections which may be presented as to the  legal
 sufficiency  of  the  petition  for  incorporation based upon any of the
 following grounds:
   a. That a person signing such petition was not qualified therefor;
   b. If it is alleged that the petition is submitted on the  basis  that
 the  persons  signing  such  petition  constitute twenty per cent of the
 residents in such territory qualified to vote for officers of the  town,
 that such allegation is false;
   c.  If  it is alleged that the petition is submitted on the basis that
 the persons signing such petition are the  owners  of  more  than  fifty
 percent  in  assessed  valuation of the real property in such territory,
 assessed upon the last completed assessment roll of the town, that  such
 allegation is false;
   d. That such territory is part of a city or village;
   e.  That  if  such territory is less than the entire town, it contains
 more than five square miles and the limits of  such  territory  are  not
 coterminous  with  the  entire  boundaries  of  one  school,  fire, fire
 protection, fire alarm, town special or town  improvement  district  and
 the limits of such territory are not coterminous with parts of the boun-
 daries  of more than one school, fire, fire protection, fire alarm, town
 special or town improvement district, all of which are wholly  contained
 within such limits and within the town;
   f.  That  such territory does not contain a population of at least one
 thousand regular inhabitants;
   g. That the petition in any other specified respect does  not  conform
 to the requirements of this act.
   2. The supervisor shall conduct the hearing.
   3.  All  objections must be in writing and signed by one or more resi-
 dents qualified to vote for town officers. Testimony  as  to  objections
 may  be  taken  at  the  hearing  which  shall be reduced to writing and
 subscribed by those testifying. The burden of  proof  shall  be  on  the

 A. 8423                             6
 
 objectors.  All  written  objections  and signed testimony shall clearly
 state the name and address of the objector.
   4.  The  hearing  may be adjourned but must be concluded within twenty
 days from the date fixed in the notice of hearing.
   § 7. Decision as to legal sufficiency of petition. 1. Within ten  days
 after  such  hearing is concluded the supervisor shall determine whether
 the petition complies with the requirements of this act and  shall  make
 and sign a decision accordingly. If the decision be adverse to the peti-
 tion,  the  decision  shall  contain a brief statement of the reasons on
 which the adverse decision is based.
   2. The original of the decision, copies of the notice of  the  hearing
 together  with  affidavits  of  posting and publishing same, the written
 objections and the minutes of proceedings taken on the hearing including
 signed testimony shall be filed by the supervisor  within  fifteen  days
 after the hearing is concluded, with the town clerk.
   3. If no proceeding be instituted to review such decision within thir-
 ty  days  after  such  filing of the original copy thereof, the decision
 shall be final and conclusive.   In  the  event  that  the  decision  is
 adverse  to  the  petition,  a  new  proceeding for incorporation may be
 commenced immediately.
   § 8. Review of decision as to legal sufficiency of petition. 1.    The
 decision  of  the supervisor as to the legal sufficiency of the petition
 shall be subject to judicial review in the manner  provided  in  article
 seventy-eight  of the civil practice law and rules.  Such proceeding may
 be brought on the ground or grounds that said decision is illegal, based
 on insufficient evidence, or contrary to the weight of evidence. If  the
 court  determines that additional testimony or evidence is necessary for
 the proper disposition of the matter it may take such evidence or testi-
 mony or appoint a referee to take such evidence or testimony as  it  may
 direct  and  report  the same to the court with his findings of fact and
 conclusions of law which shall constitute a part of the proceeding  upon
 which  the  determination  of  the  court shall be made.   The court may
 reverse or affirm on the basis of law and  fact  as  determined  by  the
 court.
   2.  Such  proceeding  must  be instituted within thirty days after the
 filing of the original copy of such  decision  as  required  by  section
 seven of this act.
   3. The proceeding may only be instituted by a resident of the town.
   4. In addition to the requirements of said article seventy-eight:
   a. Notice of such a proceeding shall be given to the town clerk. He or
 she shall cause same to be filed in their office.
   b.  If  the  proceeding be brought to review a decision adverse to the
 petition, copies of all papers in connection therewith shall  be  served
 on  all  persons  designated  by  objectors  to the petition pursuant to
 section five of this act and on all other objectors  who  have  made  no
 such  designations  and  whose  objections were submitted in writing and
 signed. Service shall be sufficient if  made  either  personally  or  by
 certified mail with a return receipt.
   c.  If  the  proceeding be brought to review a decision sustaining the
 petition, copies of all papers in connection therewith shall  be  served
 on all persons designated in the petition to receive same.
   d.  All persons served pursuant to paragraphs b and c of this subdivi-
 sion shall be parties to such proceeding  under  said  article  seventy-
 eight.
   e.  All  issues in any proceeding hereunder shall have preference over
 all other civil actions and proceedings.

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   5. The successful party to any such proceeding shall file a  certified
 copy of the decision and order in the office of the town clerk.
   §  9.  Consideration of the community impact statement and significant
 adverse impact. 1.  Within twenty days of the filing of Part  B  of  the
 community  impact  statement, the town board shall cause to be posted on
 the town website, in five public places in that territory and also to be
 published at least twice  in  the  newspaper  or  newspapers  designated
 pursuant  to  subdivision  eleven of section sixty-four of the town law:
 that a petition for the incorporation of the village of (naming it)  has
 been  received; that at a place in such territory and on a day, not less
 than twenty nor more than thirty days after  the  date  of  posting  and
 first  publication  of such notice, which date and place shall be speci-
 fied therein, a hearing will be had upon the Community Impact  Statement
 of such petition; that such community impact statement will be available
 for  public inspection in the office of the town clerk until the date of
 such hearing; and that the purpose of the hearing  is  to  consider  the
 legal sufficiency of Part A of the community impact statement and wheth-
 er  there  would  be a significant adverse impact on the territory to be
 incorporated and/or on the remaining area  of  the  town  based  on  the
 community impact statement and testimony presented at such hearing.
   2.  The  town  board  shall  hold  a  public  hearing pursuant to this
 section; such board shall meet at the time and place specified  in  such
 notice  and  shall  hear  testimony which may be presented regarding the
 legal sufficiency of Part A of the community impact statement and wheth-
 er there would be a significant adverse impact on the  territory  to  be
 incorporated  and/or  on  the  remaining  area of the town, based on the
 community impact statement and testimony presented at such hearing.
   3. The supervisor shall conduct the hearing.
   4. The hearing may be adjourned but must be  concluded  within  twenty
 days from the date fixed in the notice of hearing.
   §  10. Determination on the community impact statement and significant
 adverse impact. 1.  Within ten days after the hearing on  the  community
 impact  statement is concluded, the town board shall determine the legal
 sufficiency of Part A of the community impact  statement  based  on  the
 community impact statement and testimony presented at such hearing.  The
 town  board  shall  adopt  a resolution by majority vote setting forth a
 statement of the reasons for its determination.   The  original  of  the
 resolution, copies of the notice of the hearing together with affidavits
 of posting and publishing same, any written testimony and the minutes of
 proceedings  taken  on  the  hearing including signed testimony shall be
 filed by such town board  within  fifteen  days  after  the  hearing  is
 concluded, with the town clerk.
   2.  If  the  town board determines that Part A of the community impact
 statement is not legally sufficient, it shall cease consideration of the
 incorporation matter. Within thirty days thereafter, the petitioners may
 file an amended Part A of the community impact statement. Within  twenty
 days  of  the filing of an amended Part A of the community impact state-
 ment, the town board shall re-commence  consideration  of  the  incorpo-
 ration matter beginning with holding another hearing pursuant to section
 nine  of  this act. If the town board determines that the amended Part A
 of the community impact statement is not legally sufficient, petitioners
 shall not be entitled to file an additional amended Part A of the commu-
 nity impact statement.
   3. If the town board determines that Part A of  the  community  impact
 statement  is legally sufficient, within ten days after filing its deci-
 sion with the clerk, the town board shall determine whether there  would

 A. 8423                             8

 be  a  significant  adverse  impact  on the territory to be incorporated
 and/or on the remaining area of the town. The town board shall  adopt  a
 resolution by majority vote setting forth a statement of the reasons for
 its  determination. The original of the resolution, copies of the notice
 of the hearing together with affidavits of posting and publishing  same,
 any  written testimony and the minutes of proceedings taken on the hear-
 ing including signed testimony shall be filed by such town board  within
 fifteen days thereafter with the town clerk.
   4.  The  final  resolution shall be final and conclusive if no amended
 Part A of the community impact statement is filed or if the amended Part
 A of the community impact statement is found to be legally insufficient,
 or if no proceeding is instituted  to  review  each  such  determination
 within  thirty  days after the filing of the town board's final determi-
 nation either that: (i) Part A of  the  community  impact  statement  is
 legally  insufficient; (ii) there would be a significant adverse impact;
 or (iii) there would not be a significant adverse impact.
   5. A town board determination that Part  A  of  the  community  impact
 statement  is  not  legally  sufficient  or there would be a significant
 adverse impact is to be  considered  adverse  to  the  petition  and  no
 election may be held on the basis of that petition.
   §  11.  Review  of determination on the legal sufficiency of Part A of
 the community impact statement or significant  adverse  impact.  1.  The
 determination  of the town board that (i) Part A of the community impact
 statement is or is not legally sufficient; or (ii) there would or  would
 not  be  a  significant  adverse  impact  on the area to be incorporated
 and/or the remaining area of the  town  shall  be  subject  to  judicial
 review  in  the  manner  provided  in article seventy-eight of the civil
 practice law and rules. Such proceeding may be brought on the ground  or
 grounds  that  said  determination  is  illegal,  based  on insufficient
 evidence, or contrary to the weight of evidence. If the court determines
 that additional testimony or evidence is necessary for the proper dispo-
 sition of the matter it may take such evidence or testimony or appoint a
 referee to take such evidence or testimony as it may direct  and  report
 the  same  to the court with his findings of fact and conclusions of law
 which shall constitute a part of the proceeding upon which the  determi-
 nation  of  the  court shall be made. The court may reverse or affirm on
 the basis of law and fact as determined by the court.
   2. Such proceeding must be instituted within  thirty  days  after  the
 filing of an original resolution as required by section ten of this act.
   3. The proceeding may only be instituted by a resident of the town.
   4. In addition to the requirements of said article seventy-eight:
   a. Notice of such a proceeding shall be given to the town clerk. He or
 she shall cause same to be filed in their office.
   b.  Copies  of  all papers in connection with the determination of the
 town board therewith shall be served on all persons  designated  in  the
 petition for incorporation to receive same.
   c.  All  issues in any proceeding hereunder shall have preference over
 all other civil actions and proceedings.
   5. The successful party to any such proceeding shall file a  certified
 copy of the decision and order in the office of the town clerk.
   §  12.  Right to election. 1. An election to determine the question of
 incorporation shall be held no later than forty days after  the  follow-
 ing, whichever is later:
   a.  The expiration of thirty days from the filing of the original town
 board decision finding no significant adverse impact and  no  proceeding
 having been instituted to review same, or

 A. 8423                             9
 
   b.  The  filing  of all final orders sustaining the petition after all
 proceedings to review pursuant to sections eight and eleven of this act.
   2. The procedure for conducting said election shall be pursuant to the
 election law.
   § 13. This act shall take effect immediately.