§ 2-204 — Notice of hearing

New York § 2-204

• Jurisdiction: New York
• Law VIL: Village
• Art. 2: Incorporation

Text

§ 2-204 Notice of hearing. 1. No later than three days after the\nfiling of a petition, the study and all exhibits and certifications\nrequired by section 2-202 of this article or copies thereof, the\ncommission shall direct the town clerk of each town in which any portion\nof such territory is located to cause to be posted in six public places\nof the portion of the territory of each town where such proposed village\nis to be located and also to be published at least twice in the\nnewspaper or newspapers designated pursuant to subdivision eleven of\nsection sixty-four of the town law, a notice issued by the commission:\nthat a petition for the incorporation of the village of (naming it) has\nbeen received; that at a place in such territory and on a day, not less\nthan one hundred nor more than one hundred twenty days after the date of\nthe posting and first publication of such notice, which date and place\nshall be specified therein, a hearing will be had upon such petition;\nthat such petition, the study and all exhibits and certifications\nrequired by section 2-202 of this article, will be available for public\ninspection in the office of each town clerk and on the website of the\ndepartment of state until the date of such hearing; that the purpose of\nthe hearing is to consider whether the village incorporation petition\nmeets all requirements of this article; that objections to the\nsufficiency of the petition must be in writing and signed by one or more\nof the residents of such town; and that any group of persons having one\nor more objections in common may make designation in writing and signed\nby them of at least one but no more than three persons giving the full\nnames and addresses on whom and at which addresses all papers required\nto be served in connection with the proceeding for incorporation shall\nbe served. Within five days of receiving direction from the commission\npursuant to this subdivision, the town clerk or clerks shall provide to\nthe commission a list of the six locations where such notices are to be\nposted. Should the commission object to any such locations submitted by\nthe town clerk or clerks, the commission shall, no later than seven days\nafter receipt of such list of locations, direct the town clerk or clerks\nto post such notices in alternative locations designated by the\ncommission. The postings of such notices shall be made by the town clerk\nor clerks no later than twenty days after the filing of such petition,\nthe study and all exhibits and certifications required by section 2-202\nof this article or copies thereof. A majority of such designees must\nreside in such town or towns. In the absence of any other suitable\nplace, such hearing shall be held in a school building, if any, located\nin such territory. If such territory is located in more than one town\nthat fact shall be included in the notice of hearing. For the purposes\nof this section, in the event that the town maintains a website, one of\nthe posting requirements required by this section may be fulfilled by\nposting such information on the town's website.\n 2. The department of state shall post the study on the department of\nstate's website beginning at such time as required by section 2-202 of\nthis article at least until the procedures pursuant to section 2-234 or\n2-236 of this article are satisfied, whichever occurs sooner.\n