N.Y. Village Law § 2-259 – Village incorporation commission

1. a. There is hereby established within the department of state a village incorporation commission. The commission shall consist of three members appointed as follows:
1. (1) one member appointed by the secretary of state;
2. (2) one member appointed by the comptroller; and
3. (3) one member appointed by the attorney general. b. Each member of the commission shall serve a term of four years. The members shall be eligible for reappointment and shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. c. A majority of the members of the commission shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members in office shall be necessary for action.
2. The commission shall: a. accept petitions filed pursuant to this article; b. hold hearings as required by this article; c. accept and deposit with the state comptroller all such monies required to be paid by those seeking to incorporate a village pursuant to this article; and d. evaluate petitions filed pursuant to this article and make decisions with regard to whether a village incorporation election shall proceed based upon the commission's judgment of the criteria established in sections 2-200 and 2-206 of this article and any other requirements established in this article.
3. Prior to issuing its decision with regard to whether a village incorporation election shall proceed, the commission shall complete two studies after receiving a petition for village incorporation, which shall take the following form: a. The first study shall consist of a feasibility assessment, which shall examine the proposed village's ability to provide services to its population in an efficient manner. The feasibility study shall also evaluate the proposed village's fiscal capacity to provide these services; and b. The second study shall consist of an impact assessment that shall evaluate the fiscal and operational effects of incorporation on the surrounding town and the rest of the local area. These impacts shall include fiscal, service, political, environmental, and land use impacts. c. In addition to the studies required pursuant to each petition for village incorporation, the village incorporation commission shall also produce a report on its recommendations with regard to the village incorporation process pursuant to this article. Such report shall provide the commission's analysis and recommendations on the following:
1. (i) The number of petitions required for a village incorporation petition;
2. (ii) The population required to incorporate a village;
3. (iii) Whether the signatures of the residents of such territory qualified to vote for town officers in the unincorporated part of such town that is not part of such territory where such village would be incorporated nor part of another village should be required in order to commence a proceeding for the incorporation of such territory as a village;
4. (iv) Whether the residents of such territory qualified to vote for town officers in the unincorporated part of such town that is not part of such territory where such village would be incorporated nor part of another village would be entitled to vote in village incorporation elections;
5. (v) Whether population density should be considered in the village incorporation process;
6. (vi) Whether the requirements of this article are adequate to protect the fiscal, service, and taxation interests of the residents of the proposed village and those residents of the surrounding areas; and
7. (vii) Any other information and recommendations the village incorporation commission deems relevant. d. The report required pursuant to paragraph c of this subdivision shall be published on the public facing portion of the department of state's website, and the secretary of state or his or her designee shall transmit the commission's findings and recommendations to the speaker of the assembly, the temporary president of the senate, and the governor on or before two years from the effective date of this section.
4. The studies required pursuant to this section shall be paid by funds appropriated pursuant to section two hundred thirty-nine-bb of the general municipal law.
5. The commission's decision with regard to whether a village incorporation shall proceed shall be by majority vote, and the commission shall post a notice of its decision on the public-facing portion of the department of state's website. No village incorporation election shall proceed in the event the commission rules adversely to such incorporation, except pursuant to the provisions of section 2-210 of this article.
6. No village incorporation election shall proceed until January first, two thousand twenty-four.