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This entry was published on 2024-02-02
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SECTION 2-204
Notice of hearing
Village (VIL) CHAPTER 64, ARTICLE 2
§ 2-204 Notice of hearing. 1. No later than three days after the
filing of a petition, the study and all exhibits and certifications
required by section 2-202 of this article or copies thereof, the
commission shall direct the town clerk of each town in which any portion
of such territory is located to cause to be posted in six public places
of the portion of the territory of each town where such proposed village
is to be located 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, a notice issued by the commission:
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 one hundred nor more than one hundred twenty 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, the study and all exhibits and certifications
required by section 2-202 of this article, will be available for public
inspection in the office of each town clerk and on the website of the
department of state until the date of such hearing; that the purpose of
the hearing is to consider whether the village incorporation petition
meets all requirements of this article; that objections to the
sufficiency of the petition must be in writing and signed by one or more
of the residents of such 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. Within five days of receiving direction from the commission
pursuant to this subdivision, the town clerk or clerks shall provide to
the commission a list of the six locations where such notices are to be
posted. Should the commission object to any such locations submitted by
the town clerk or clerks, the commission shall, no later than seven days
after receipt of such list of locations, direct the town clerk or clerks
to post such notices in alternative locations designated by the
commission. The postings of such notices shall be made by the town clerk
or clerks no later than twenty days after the filing of such petition,
the study and all exhibits and certifications required by section 2-202
of this article or copies thereof. A majority of such designees must
reside in such town or towns. In the absence of any other suitable
place, such hearing shall be held in a school building, if any, located
in such territory. If such territory is located in more than one town
that fact shall be included in the notice of hearing. For the purposes
of this section, in the event that the town maintains a website, one of
the posting requirements required by this section may be fulfilled by
posting such information on the town's website.

2. The department of state shall post the study on the department of
state's website beginning at such time as required by section 2-202 of
this article at least until the procedures pursuant to section 2-234 or
2-236 of this article are satisfied, whichever occurs sooner.