§ 2-206 — Proceeding on hearing

New York § 2-206

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

Text

§ 2-206 Proceeding on hearing. 1. The commission shall meet at the\ntime and place specified in such notice and shall hear objections which\nmay be presented as to the incorporation based upon any of the following\ngrounds:\n a. That a person signing such petition was not qualified therefor;\n b. That the petition does not contain the signatures of at least\ntwenty percent of the residents in such territory qualified to vote for\nofficers of a town in which all or part of such territory is located;\n c. That such territory is part of a city or village;\n d. That if such territory is less than an entire town, it contains\nmore than five square miles and the limits of such territory are not\ncoterminous with the entire boundaries of one school, fire, fire\nprotection, fire alarm, town special or town improvement district and\nthe limits of such territory are not coterminous with parts of the\nboundaries of more than one school, fire, fire protection, fire alarm,\ntown special or town improvement district, all of which are wholly\ncontained within such limits and within one town;\n e. That such territory does not contain a population of at least one\nthousand five hundred regular inhabitants;\n f. That the petition in any other specified respect does not conform\nto the requirements of this article;\n g. That a study as required by section 2-202 of this article has not\nbeen submitted and made available to the public for public review for at\nleast ninety days before the hearing required by this article;\n h. That the proposed village is incapable of providing services;\n i. That the tax revenue collected by such proposed village would not\nsufficiently defray the cost of municipal services at a property tax\nrate that favorably compares to the property tax rate of the town or\ntowns; or\n j. That the incorporation would increase tax burdens on those located\nin the town or towns within which such proposed village would be\nestablished.\n 2. The commission shall conduct the hearing.\n 3. All objections must be in writing and signed by one or more\nresidents qualified to vote for town offices a town in which all or part\nof such territory of the proposed village is located. Testimony as to\nobjections may be taken at the hearing which shall be reduced to writing\nand subscribed by those testifying. All written objections and signed\ntestimony shall clearly state the name and address of the objector.\n 4. The hearing may be adjourned but must be concluded within twenty\ndays from the date fixed in the notice of hearing.\n 5. The town clerk and any other official or employee of each town in\nwhich any portion of such territory is located shall assist the\ncommission in verifying the validity of the petition in connection with\nany objection raised pursuant to paragraph a or b of subdivision one of\nthis section.\n