N.Y. Village Law § 2-206: Proceeding on hearing

§ 2-206 Proceeding on hearing. 1. The commission shall meet at the

time and place specified in such notice and shall hear objections which

may be presented as to the incorporation based upon any of the following

grounds:

a. That a person signing such petition was not qualified therefor;

b. That the petition does not contain the signatures of at least

twenty percent of the residents in such territory qualified to vote for

officers of a town in which all or part of such territory is located;

c. That such territory is part of a city or village;

d. That if such territory is less than an 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

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 one town;

e. That such territory does not contain a population of at least one

thousand five hundred regular inhabitants;

f. That the petition in any other specified respect does not conform

to the requirements of this article;

g. That a study as required by section 2-202 of this article has not

been submitted and made available to the public for public review for at

least ninety days before the hearing required by this article;

h. That the proposed village is incapable of providing services;

i. That the tax revenue collected by such proposed village would not

sufficiently defray the cost of municipal services at a property tax

rate that favorably compares to the property tax rate of the town or

towns; or

j. That the incorporation would increase tax burdens on those located

in the town or towns within which such proposed village would be

established.

2. The commission shall conduct the hearing.

3. All objections must be in writing and signed by one or more

residents qualified to vote for town offices a town in which all or part

of such territory of the proposed village is located. Testimony as to

objections may be taken at the hearing which shall be reduced to writing

and subscribed by those testifying. 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.

5. The town clerk and any other official or employee of each town in

which any portion of such territory is located shall assist the

commission in verifying the validity of the petition in connection with

any objection raised pursuant to paragraph a or b of subdivision one of

this section.