(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
(number)
subscribed the same in my presence.
...................................
(day)
(month)
(year)
...............................
(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.
Structure New York Laws
2-200 - Population and Area Requirements.
2-202 - Petition for Incorporation.
2-206 - Proceeding on Hearing.
2-208 - Decision as to Legal Sufficiency of Petition.
2-216 - Qualification of Voters.
2-218 - Registration List of Voters.
2-226 - Notice of Proceeding for Review of Election.
2-228 - Stay of Further Proceedings.
2-232 - Report of Incorporation.
2-234 - Date and Certificate of Incorporation and Effective Dates.
2-236 - Payment of Expenses Incurred in Proceedings for Incorporation if Village Not Incorporated.
2-240 - Appointment of Village Clerk.
2-242 - First Election of Officers, Terms of Office.
2-244 - Notice of Election, Appointment of Inspectors.
2-246 - Conduct of First Village Election.
2-248 - First Meeting of the Board of Trustees.
2-250 - Town Legislation to Carry Over.
2-252 - Town and District Services Continued.
2-254 - Effect of Incorporation on All Districts Entirely Within Village.
2-256 - Liability to Special Districts and Collection of Funds.