2013 New York Consolidated Laws
VIL - Village
Article 2 - (2-200 - 2-258) INCORPORATION
2-202 - Petition for incorporation.

 
    §   2-202   Petition  for  incorporation.  1.  A  proceeding  for  the
  incorporation of such territory as  a  village  shall  commence  with  a
  petition. The requirements for such petition are as follows:
    a.  Petitioners.  Either  one  or  both of the following two groups of
  persons may petition for such incorporation:
    (1) At least twenty per  cent  of  the  residents  of  such  territory
  qualified  to  vote  for town officers in a town in which all or part of
  such territory is located.
    (2) 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 in which such territory is located. However,
  if  such territory is located in more than one town it shall be required
  in computing such percentage to equalize  the  assessed  valuations  for
  each town; furthermore, in such case, the petition must be signed by the
  owners of more than fifty percent in full valuation of the real property
  in  each part of each town in such territory and computed separately for
  each such part, and assessed upon the last completed assessment rolls of
  the towns in which any part of such territory is located. 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  a  signer  of  such  petition  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 thereof 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 five hundred regular inhabitants.
    (4) The manner in which the area requirements of section 2-200 of this
  article are satisfied.
    (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.
    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; (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
  one or more districts of an entire town.

    (2) A list of the names and address of the regular inhabitants of such
  territory.
    d.  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  or  affidavits
  certifying as follows:
    (1) If such territory is located entirely in one town, a certification
  by  an  assessor  thereof  certifying to the total assessed valuation of
  such territory and the correct total amount thereof owned by the signers
  of the petition, or
    (2) If such territory is located  in  more  than  one  town,  separate
  certifications  by an assessor of each town certifying to the total full
  valuation of that portion of such territory located in such town and the
  correct total  amount  of  full  valuation  of  real  property  in  such
  territory and town owned by the signers of the petition, as specified in
  subparagraph two of paragraph a of subdivision one of this section.
    e.  Execution  of  petition. (1) 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
  petitioners' familiarity with the contents and purpose thereof  and  the
  boundaries 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
  consisting  of  street  name  and  number, if any, and town; and, if the
  petition is based on the ownership  of  more  than  fifty  per  cent  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 in accordance with
  subparagraph two of paragraph a of subdivision one 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
  signing 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)
 
    f.  Filing  and  deposit.  (1)  Filing. The original petition shall be
  filed with a supervisor of the town in which all or the greatest part of
  such territory is located. Duplicate  originals,  photocopies  or  other
  similar  reproductions  of  the  original petition shall be filed with a
  supervisor of each other town in which any portion of such territory  is
  located.
    (2)  Deposit.  At  the  time  of filing of the petition there shall be
  deposited with each supervisor with whom the original or a copy  of  the
  original  is  filed,  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 incorporation is not
  effected.