Viewing an earlier version · effective Dec 29, 2023View current 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. Signatures from at least twenty percent 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 shall be required in order to commence a proceeding for the incorporation of such territory as a village. 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 two thousand 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. 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.
- (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) e. 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.