N.Y. Village Law § 2-260: Village incorporation commission and general administration

§ 2-260 Village incorporation commission and general administration.

1. a. There is hereby established within the department of state a

village incorporation commission. The commission shall consist of three

members appointed as follows:

(1) one member appointed by the secretary of state;

(2) one member appointed by the comptroller; and

(3) one member appointed by the attorney general.

b. Each member of the commission shall serve a term of four years. The

members shall be eligible for reappointment and shall serve until their

successors are appointed and qualified, and the term of the successor of

any incumbent shall be calculated from the expiration of the term of

that incumbent. A vacancy occurring other than by expiration of term

shall be filled in the same manner as the original appointment, but for

the unexpired term only.

c. A majority of the members of the commission shall constitute a

quorum for the purpose of conducting the business thereof and a majority

vote of all the members in office shall be necessary for action.

d. The member appointed by the secretary of state shall be chairperson

of the commission, provided that in the absence of the secretary of

state's appointee at any meeting of the board the appointee of the

attorney general or the comptroller, in such order, if either or both be

present, shall act as chairperson.

e. No member of the commission shall be disqualified from holding any

other public office, nor shall employment be forfeited by reason of the

member's appointment hereunder, notwithstanding the provisions of any

general, special or local law, ordinance, county or city charter.

2. The commission shall have powers and duties as provided in this

subdivision. A petitioner may seek relief from the commission under

paragraph f of this subdivision in the event that the petitioner or

petitioners and town or towns are unable to jointly select a third-party

to prepare the study required by section 2-202 of this article within

thirty-days of the filing of such a request with the town clerk:

a. To accept petitions filed pursuant to this article;

b. To hold hearings as required by this article;

c. To accept and deposit with the state comptroller all such monies

required to be paid by those seeking to incorporate a village pursuant

to this article;

d. To evaluate petitions filed pursuant to this article to ensure all

components required by section 2-202 of this article have been included;

e. To make decisions with regard to whether a village incorporation

election shall proceed based upon the commission's judgment of the

criteria established in sections 2-200 and 2-206 of this article and any

other requirements established in this article.

f. To select a third-party designee from a list submitted by the

petitioner or petitioners and town or towns to prepare the study

required to be attached to the petition pursuant to section 2-202 of

this article;

g. To direct the town clerk or clerks to post notices of hearing in

alternative locations pursuant to section 2-204 of this article;

h. To direct the town clerk or clerks to post notices of election in

alternative locations pursuant to section 2-214 of this article; and

i. To direct the town clerk or clerks to post notices of availability

of list for inspection and additions pursuant to section 2-218 of this

article.

3. Prior to issuing its decision with regard to whether a village

incorporation election shall proceed, and upon receiving a complete

petition seeking village incorporation, the commission shall review the

study attached to such petition, as required by section 2-202 of this

article, to determine whether such study conforms to the requirements of

section 2-202 of this article.

4. Commission review. The commission shall determine whether:

a. the petitioner has submitted a study pursuant to section 2-202 of

this article having all the elements required by this article and that

such study was provided for public review on the department of state's

website for at least ninety days before any public hearing on the

petition;

b. the proposed village is capable of providing services to the area

proposed to be incorporated;

c. the tax revenue collected by such proposed village would

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; and

d. the incorporation would increase tax burdens on those located

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

established.

5. A village incorporation election shall not proceed if the

commission determines based on the evidentiary record that the petition

or the study or other exhibits or certifications with the petition does

not meet the requirements of this article or that the proposed village

would not satisfy the criteria of paragraph b, c, or d of subdivision

four of this section.

6. A notice of the commission's decision with regard to whether a

village incorporation shall proceed to election shall be by majority

vote, and the department of state shall post a notice of the

commission's decision on the public-facing portion of the department of

state's website. No village incorporation election shall proceed in the

event the commission rules adversely to such incorporation, except

pursuant to the provisions of section 2-210 of this article.