S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4436
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend the village law, in relation to providing a procedure
   for village incorporation in a suburban town
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The village law is amended by adding a new article 2-A to
 read as follows:
                                ARTICLE 2-A
                      INCORPORATION IN SUBURBAN TOWNS
 SECTION 2-260 APPLICABILITY.
         2-262 POPULATION AND AREA REQUIREMENTS.
         2-264 COMMUNITY IMPACT STATEMENT.
         2-266 HEARING ON THE COMMUNITY IMPACT STATEMENT.
         2-268 CANVASS OF ELECTION.
   § 2-260 APPLICABILITY. 1. NOTWITHSTANDING ARTICLE TWO OF THIS CHAPTER,
 A TOWN THAT ADOPTS OR HAS ADOPTED THE PROVISIONS OF ARTICLE  THREE-A  OF
 THE TOWN LAW MAY BY RESOLUTION OF ITS TOWN BOARD ADOPT THE PROVISIONS OF
 THIS ARTICLE FOR THE INCORPORATION OF A NEW VILLAGE.
   2.  EXCEPT AS SET FORTH IN THIS ARTICLE, THE PROVISIONS OF ARTICLE TWO
 OF THIS CHAPTER SHALL BE APPLICABLE.
   3.  IN ANY TOWN WHERE THE TOWN BOARD HAS ADOPTED THIS ARTICLE,  A  NEW
 VILLAGE MAY BE INCORPORATED ONLY AFTER:
   A.  IT  IS  DETERMINED  THAT  THERE IS A RIGHT TO ELECTION PURSUANT TO
 SECTION 2-212 OF THIS CHAPTER; AND
   B. THE TOWN BOARD HAS HELD A HEARING ON THE COMMUNITY IMPACT STATEMENT
 AND SCHEDULED A REFERENDUM PURSUANT TO SECTION 2-266  OF  THIS  ARTICLE;
 AND
   C.  THE  QUESTION  OF  INCORPORATION  HAS BEEN APPROVED BY VOTERS IN A
 REFERENDUM PURSUANT TO SECTION 2-268 OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01534-01-1
              

 A. 4436                             2
 
   4. NOTWITHSTANDING THE PROVISIONS OF  ARTICLE  TWO  OF  THIS  CHAPTER,
 WHERE  THE  TERRITORY PROPOSED FOR INCORPORATION IS LOCATED IN MORE THAN
 ONE TOWN AND ONE OR MORE TOWNS, BUT NOT ALL AFFECTED TOWNS,  ADOPT  THIS
 ARTICLE,  THE  SCHEDULING  OF THE REFERENDUM ON THE QUESTION OF INCORPO-
 RATION  SHALL  BE  DETERMINED  BY  THE PROVISIONS OF THIS ARTICLE AND NO
 OTHER PROVISIONS OF THIS ARTICLE SHALL APPLY TO AFFECTED TOWNS THAT HAVE
 NOT ADOPTED THE PROVISIONS OF ARTICLE THREE-A OF THE TOWN  LAW  AND  THE
 PROVISIONS OF THIS ARTICLE.
   §  2-262 POPULATION AND AREA REQUIREMENTS. A TERRITORY MAY BE INCORPO-
 RATED AS A VILLAGE UNDER THIS ARTICLE PROVIDING THAT:
   1. THE TERRITORY MEETS THE CONDITIONS SET FORTH IN  SECTION  2-200  OF
 THIS CHAPTER; OR
   2.  THE TERRITORY TO BE INCORPORATED DOES NOT INCLUDE A PART OF A CITY
 OR VILLAGE AND ITS LIMITS ARE COTERMINOUS WITH THE ENTIRE BOUNDARIES  OF
 THE TERRITORY OF THE TOWN OUTSIDE OF THE INCORPORATED VILLAGES.
   §  2-264 COMMUNITY IMPACT STATEMENT. 1.  A THREE-PART COMMUNITY IMPACT
 STATEMENT SHALL BE PREPARED AND FILED WITH THE TOWN CLERK OF  EACH  TOWN
 IN WHICH THE TERRITORY PROPOSED FOR INCORPORATION IS LOCATED.
   2.  THE  COMMUNITY IMPACT STATEMENT SHALL BE WRITTEN IN PLAIN LANGUAGE
 IN A CONCISE MANNER CAPABLE OF BEING READ AND UNDERSTOOD BY THE PUBLIC.
   3. WITHIN THIRTY DAYS AFTER IT IS DETERMINED THAT THERE IS A RIGHT  TO
 ELECTION PURSUANT TO SECTION 2-212 OF THIS CHAPTER, PART A OF THE COMMU-
 NITY IMPACT STATEMENT SHALL BE PREPARED AND FILED ON BEHALF OF THE PETI-
 TIONERS WHICH SHALL EACH INCLUDE THE INFORMATION DESCRIBED IN PARAGRAPHS
 A, B, C, D, E, F AND G OF SUBDIVISION SIX OF THIS SECTION.
   4.  WITHIN  SIXTY DAYS AFTER IT IS DETERMINED THAT THERE IS A RIGHT TO
 ELECTION PURSUANT TO SECTION 2-212 OF THIS CHAPTER,  THE  SUPERVISOR  OF
 EACH  AFFECTED  TOWN  SHALL  PREPARE AND FILE WITH THE SUPERVISOR'S TOWN
 CLERK PART B OF THE COMMUNITY IMPACT STATEMENT WHICH SHALL  INCLUDE  THE
 INFORMATION  DESCRIBED  IN PARAGRAPHS H, I, J, K, L, M, N, O, P AND Q OF
 SUBDIVISION SIX OF THIS SECTION.
   5. WITHIN THIRTY DAYS AFTER THE COMPLETION OF ITS HEARING AS SET FORTH
 IN SECTION 2-266 OF THIS ARTICLE, THE TOWN BOARD OF EACH  AFFECTED  TOWN
 SHALL  PREPARE  AND  FILE  WITH  ITS  TOWN CLERK PART C OF THE COMMUNITY
 IMPACT STATEMENT WHICH SHALL INCLUDE THE INFORMATION DESCRIBED IN  PARA-
 GRAPHS  A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P AND Q OF SUBDIVI-
 SION SIX OF THIS SECTION AND CAUSE A COPY TO BE  DISPLAYED  AND  READILY
 ACCESSIBLE TO THE PUBLIC AS THE TOWN BOARD DEEMS APPROPRIATE.
   6.  THE  COMMUNITY  IMPACT STATEMENT SHALL INCLUDE THE FOLLOWING ITEMS
 AND ANY OTHER ITEMS WHICH THE FILERS OF EACH PART THEREOF DEEM APPROPRI-
 ATE:
   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;
   G. THE IMPACT OF THE ANTICIPATED LAND  USE  AND  INFRASTRUCTURE  NEEDS
 WITHIN THE TERRITORY TO BE INCORPORATED;

 A. 4436                             3
 
   H.  A  PROPOSED  FIVE  YEAR  OPERATING BUDGET FOR THE AREA OF THE TOWN
 REMAINING UNINCORPORATED;
   I.  A  PROPOSED  FIVE  YEAR  CAPITAL  BUDGET  FOR THE AREA OF THE TOWN
 REMAINING UNINCORPORATED;
   J. A DESCRIPTION OF ANY CHANGE OF SERVICES FOR THE AREA  OF  THE  TOWN
 REMAINING  UNINCORPORATED  WHICH  CHANGE  IS RESULTANT FROM THE INCORPO-
 RATION;
   K. THE ESTIMATED REAL PROPERTY TAX IMPACT FOR A FIVE  YEAR  PERIOD  ON
 THE AREA OF THE TOWN REMAINING UNINCORPORATED;
   L.  THE  POPULATION,  DEMOGRAPHIC,  SOCIO-ECONOMIC  AND  ENVIRONMENTAL
 IMPACT ON THE AREA OF THE TOWN REMAINING UNINCORPORATED;
   M. THE IMPACT OF ANTICIPATED LAND USE AND INFRASTRUCTURE NEEDS  WITHIN
 THE AREA OF THE TOWN REMAINING UNINCORPORATED;
   N. A DESCRIPTION OF THE SHARE OF ANY LIABILITY OR INDEBTEDNESS, BONDED
 OR  OTHERWISE,  INCURRED  BY  THE TOWN ON ACCOUNT OF PROJECTS WITHIN THE
 TERRITORY PROPOSED TO BE INCORPORATED;
   O. A DESCRIPTION OF THE SHARE OF ANY LIABILITY OR INDEBTEDNESS, BONDED
 OR OTHERWISE, INCURRED BY ANY SPECIAL DISTRICT ON  ACCOUNT  OF  PROJECTS
 WITHIN THE TERRITORY PROPOSED TO BE INCORPORATED;
   P.  A  DESCRIPTION  OF  THE  PROPORTIONATE  SHARE  OF ANY LIABILITY OR
 INDEBTEDNESS BONDED OR OTHERWISE, INCURRED BY THE TOWN; AND
   Q. A DESCRIPTION OF  THE  PROPORTIONATE  SHARE  OF  ANY  LIABILITY  OR
 INDEBTEDNESS, BONDED OR OTHERWISE, INCURRED BY ANY SPECIAL DISTRICT.
   §  2-266  HEARING ON THE COMMUNITY IMPACT STATEMENT.  1. WITHIN EIGHTY
 DAYS AFTER IT IS DETERMINED THAT THERE IS A RIGHT TO  ELECTION  PURSUANT
 TO  SECTION  2-212 OF THIS CHAPTER, THE TOWN BOARD OF EACH TOWN IN WHICH
 THE TERRITORY PROPOSED FOR INCORPORATION IS LOCATED SHALL CAUSE A NOTICE
 TO BE POSTED: (I) ON THE TOWN WEBSITE, (II) IN FIVE PUBLIC PLACES IN THE
 TOWN IN THE TERRITORY PROPOSED TO BE INCORPORATED,  AND  (III)  IN  FIVE
 PUBLIC  PLACES  IN THE TERRITORY OUTSIDE OF THE VILLAGES IN THE TOWN AND
 OUTSIDE THE TERRITORY PROPOSED TO BE INCORPORATED. IN ADDITION, THE TOWN
 BOARD SHALL CAUSE A COPY OF THE NOTICE TO BE PUBLISHED AT LEAST TWICE IN
 THE NEWSPAPER OR NEWSPAPERS DESIGNATED PURSUANT TO SUBDIVISION ELEVEN OF
 SECTION SIXTY-FOUR OF THE TOWN LAW.
   2. THE NOTICE SHALL STATE: THAT A PETITION FOR  THE  INCORPORATION  OF
 THE  VILLAGE  OF  (NAME  OF VILLAGE) HAS BEEN RECEIVED; THAT A COMMUNITY
 IMPACT STATEMENT HAS BEEN PREPARED; THAT AT  TOWN  HALL  OR  SUCH  OTHER
 PLACE  IN  THE TOWN AS THE TOWN BOARD DETERMINES ON A SPECIFIED DATE AND
 TIME, NOT LESS THAN TWENTY NOR MORE THAN THIRTY DAYS AFTER THE  DATE  OF
 THE  POSTING AND FIRST PUBLICATION OF SUCH NOTICE, A HEARING WILL BE HAD
 UPON THE CONSIDERATION OF THE COMMUNITY IMPACT OF THE PROPOSED  INCORPO-
 RATION;  AND,  THAT SUCH PETITION AND COMMUNITY IMPACT STATEMENT WILL BE
 AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE  TOWN  CLERK  UNTIL
 THE DATE OF SUCH HEARING.
   3.  THE  TOWN  BOARD OF EACH AFFECTED TOWN SHALL HOLD A HEARING ON THE
 COMMUNITY IMPACT OF THE  PROPOSED  INCORPORATION  AS  SPECIFIED  IN  THE
 NOTICE.
   4.  WITHIN  THIRTY DAYS AFTER THE COMPLETION OF ITS HEARING, EACH TOWN
 BOARD:
   A. SHALL ISSUE A REPORT ON ITS FINDINGS WITH RESPECT TO PARAGRAPHS  A,
 B,  C, D, E, F, G, H, I, J, K, L, M, N, O, P AND Q OF SUBDIVISION SIX OF
 SECTION 2-264 OF THIS ARTICLE AND ANY OTHER MATTERS THE TOWN BOARD DEEMS
 RELEVANT;
   B. FILE THE REPORT WITH ITS TOWN CLERK WHICH SHALL CONSTITUTE  PART  C
 OF THE COMMUNITY IMPACT STATEMENT; AND

 A. 4436                             4
 
   C. SHALL CAUSE A COPY OF THE COMPLETE COMMUNITY IMPACT STATEMENT TO BE
 POSTED ON THE TOWN WEBSITE AND TO BE DISPLAYED AND READILY ACCESSIBLE TO
 THE PUBLIC IN ANY WAYS THAT THE TOWN BOARD DEEMS APPROPRIATE.
   5.  SIMULTANEOUSLY  WITH  ISSUING  ITS  REPORT, THE TOWN BOARD OF EACH
 AFFECTED TOWN SHALL ENACT A RESOLUTION CALLING FOR A REFERENDUM  ON  THE
 QUESTION OF INCORPORATION TO BE HELD WITHIN THIRTY DAYS.
   6. WHERE MORE THAN ONE TOWN IS AFFECTED, THE TOWN BOARDS SHALL COOPER-
 ATE, COORDINATE AND SET THE SAME DATE FOR THE REFERENDUM ON THE QUESTION
 OF INCORPORATION.
   § 2-268 CANVASS OF ELECTION. NO INCORPORATION SHALL TAKE EFFECT EXCEPT
 UPON  THE  AFFIRMATIVE VOTE ON THE QUESTION OF INCORPORATION BY BOTH (I)
 THE MAJORITY VOTE OF THOSE RESIDENTS WHO QUALIFY TO VOTE FOR TOWN  OFFI-
 CERS  IN THE TERRITORY PROPOSED FOR INCORPORATION, AND (II) THE MAJORITY
 VOTE OF THOSE RESIDENTS WHO QUALIFY TO VOTE FOR  TOWN  OFFICERS  IN  THE
 TOWN OUTSIDE OF THE EXISTING VILLAGES AND OUTSIDE THE TERRITORY PROPOSED
 FOR INCORPORATION. WHERE MORE THAN ONE TOWN IS AFFECTED, THE AFFIRMATIVE
 VOTE  OF  RESIDENTS OUTSIDE OF THE TERRITORY PROPOSED TO BE INCORPORATED
 MUST BE AN AFFIRMATIVE VOTE OF EACH TOWN CANVASSED SEPARATELY. IF SUCH A
 MAJORITY VOTE DOES NOT RESULT IN EACH  SEPARATE  GROUP  OF  VOTERS,  THE
 REFERENDUM SHALL FAIL AND INCORPORATION SHALL NOT TAKE EFFECT.
   § 2. Transition; pending petitions for village incorporation.  1. If a
 petition  for  the  incorporation of a village has been filed and deter-
 mined legally sufficient prior to the effective date of this  act  in  a
 town  which  adopts  or has adopted the provisions of article 3-A of the
 town law and an election to determine the question of incorporation  has
 not been held:
   a.  no  election  to  determine the question of incorporation may been
 held until 45 days after the effective date of this act and, if the town
 board adopts the provisions of article 2-A of the village law, not until
 after the town board has held a hearing  on  the  community  impact  and
 scheduled a referendum pursuant to section 2-266 of the village law; and
   b. such town board may adopt the provisions of article 2-A of the town
 law within 30 days after the effective date of this act; and
   c.  within  thirty days after the town board adopts article 2-A of the
 village law, Part A of  the  community  impact  statement  described  in
 section  2-264  of the village law shall be filed with the town clerk on
 behalf of the petitioners; and within sixty days after  the  town  board
 adopts  article  2-A  of the village law, the town supervisor shall file
 Part B of the community impact statement described in section  2-264  of
 the village law.
   2. Except as set forth in this section, the provisions of article 2 of
 the  village  law  shall be applicable to any such petition for incorpo-
 ration.
   § 3. This act shall take effect immediately.