NY-VIL Village Law NY

Short title. This chapter shall be known as the "Village law".

Powers of incorporated village

The citizens of the state of New York, from time to time inhabitants

of the territory comprised within the boundaries of any village

heretofore or hereafter incorporated shall continue to be a municipal

corporation in perpetuity under its corporate name and the same shall in

that name be a body politic and corporate in fact and in law, with power

of perpetual succession. The village shall have power:

1. To take, purchase, hold, lease, sell and convey such real and

personal property as the purposes of the corporation may require.

2. To take by gift, grant, bequest or devise and hold real and

personal estate absolutely or in trust for any purpose of the

corporation or for any public use upon such terms or conditions as may

be prescribed by the grantor or donor and accepted by said corporation

and to provide for the proper administration of the same.

3. To take unconditionally by gift, grant, bequest or devise for any

other purpose any real or personal property or estate or interest

therein, to hold same for only such time as is reasonably necessary to

sell, convey or to dispose thereof, and to so sell, convey or dispose

thereof; notwithstanding that the holding of such property would not be

for a purpose of the corporation or for a public use.

4. To make, have and use, and from time to time alter, a common seal.

5. To contract and be contracted with, to sue and be sued, to complain

and defend and to institute, prosecute, maintain, defend and intervene

in, any action or proceeding in any court.

6. To have and exercise all the rights, privileges and jurisdiction

essential to a proper exercise of its corporate function, including all

that may be necessarily incident to, or may be fairly implied from the

powers specifically conferred upon such corporation.

7. To have and exercise all the rights, privileges, functions and

powers prescribed and exercised by it under existing or subsequent laws

and not inconsistent with the provisions of this chapter.

Population and area requirements. 1. A territory containing a

population of at least one thousand five hundred persons who are regular

inhabitants thereof, as hereinafter defined, may be incorporated as a

village under this chapter provided such territory does not include a

part of a city or village and further provided the limits of such

territory:

a. do not contain more than five square miles; or

b. are coterminous with the entire boundaries of a school, fire, fire

protection, fire alarm, town special or town improvement district; or

c. are coterminous with parts of the boundaries of more than one

school, fire, fire protection, fire alarm, town special or town

improvement district, all of which are wholly contained within such

limits and within one town; or

d. are coterminous with the entire boundaries of a town.

2. Definitions. a. "Regular inhabitants" as used herein and for the

purpose of this article shall include all persons residing in the

territory proposed to be incorporated except such persons who

themselves, or who are persons under the age of eighteen years residing

with persons who, maintain a residence outside such territory which is

used as their address for purposes of voting.

b. "Commission" as used herein and for the purposes of this article

shall mean the village incorporation commission, as established by

section 2-260 of this article.

c. "Secretary" as used herein and for the purposes of this article

shall mean the secretary of state.

Petition for incorporation. 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 one thousand 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.

(3) Study of proposed village and surrounding town or towns. A study

that addresses the fiscal, service, and taxation interests of the

population which would constitute the residents of such territory to be

incorporated as a village, as indicated in clause (a) of this

subparagraph, and that provides for an impact assessment that shall

evaluate the fiscal and operational effects of incorporation of the

proposed village on the surrounding town or towns wherein the village

would be incorporated, as indicated in clause (b) of this subparagraph.

The study shall include a certification that it sets forth all the

elements required by this section.

(a) Fiscal, service, and taxation assessment of proposed village. An

assessment of the fiscal, service, and taxation interests of the

population which would constitute the residents of such territory to be

incorporated as a village, must include the following elements of the

proposed village:

(i) Inventory. List the number of parcels by property classification.

For each such property, list the full valuation and taxable assessed

value as appearing on the most recent applicable final assessment roll.

(ii) Taxes. Provide a fiscal estimate of all taxes that could be

collected for the structures and places listed on the inventory this

clause requires to be developed. The town or towns' current property tax

rate and assessment should be used in developing the fiscal estimate.

(iii) Revenue. Other than taxes, list all other sources of revenue

expected to be generated for the area of the proposed village.

(iv) Operations. Provide an estimate of what it would cost to operate

the proposed village listing expenditures required in connection with

the appointment or hiring of personnel to provide the services

identified pursuant to item (v) of this clause, the holding of meetings

of the board of trustees, and designating an official newspaper.

(v) Services. List the municipal services currently provided within

the area of the proposed village and how such services are provided,

list all municipal services proposed to be provided upon incorporation

of the proposed village, and how such municipal services are expected to

be provided. Municipal services may include, but are not limited to:

police; fire; water; sewer; enforcement of any planning, zoning, and

land use regulations; and, enforcement of the New York state uniform

fire prevention and building code and energy conservation construction

code.

(b) Impact assessment and study of surrounding town or towns. An

impact assessment that provides an evaluation of the fiscal and

operational effects of incorporation of the proposed village on the

surrounding town or towns wherein the village would be incorporated,

must include the following elements:

(i) Revenue and expenditures. List the estimated taxes, other revenue

and expenditures for the area of the town or towns outside of the

proposed village.

(ii) Fiscal impact. A description of the manner and means by which the

residents of the area of the town or towns outside the proposed village

will continue to be furnished municipal services following the village's

incorporation, an estimation of any change in the property tax rate for

the area of the town or towns outside of the proposed village to

continue such services. Provide such estimate with respect to the area

of the town or towns outside the proposed village services only.

(iii) Economic impact. Assess the potential economic impact to the

town or towns outside of the proposed village upon incorporation of such

village.

(iv) Land use impact. Assess the potential impact to the town or towns

outside of the proposed village from the loss of land use, planning and

zoning control within the area proposed to be incorporated.

(c) Submission. The study must be submitted to the commission and

filed in the manner provided by this subdivision.

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, the study

and all exhibits and certifications required by this section shall be

filed with the commission. Duplicate originals, photocopies or other

similar reproductions of the original petition, the study and all

exhibits and certifications required by this section shall be filed with

the town clerk of each 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 the department of state, on behalf of the commission, 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.

2. Study attached to the petition. The study to be submitted shall be

a study prepared by a third-party jointly selected by the petitioner or

petitioners and the supervisors of the town or towns which shall be

confirmed in writing by the petitioner or petitioners and clerks of the

town or towns, or a study prepared pursuant to paragraph f of

subdivision two of section 2-260 of this article; and provided further,

that the department of state shall post such study on its website within

ten days of receiving the study from the petitioner or petitioners. Such

study shall be paid for by the petitioner or petitioners except in cases

where an appropriation has been provided to pay for the study.

Notice of hearing. 1. No later than three days after the

filing of a petition, the study and all exhibits and certifications

required by section 2-202 of this article or copies thereof, the

commission shall direct the town clerk of each town in which any portion

of such territory is located to cause to be posted in six public places

of the portion of the territory of each town where such proposed village

is to be located and also to be published at least twice in the

newspaper or newspapers designated pursuant to subdivision eleven of

section sixty-four of the town law, a notice issued by the commission:

that a petition for the incorporation of the village of (naming it) has

been received; that at a place in such territory and on a day, not less

than one hundred nor more than one hundred twenty days after the date of

the posting and first publication of such notice, which date and place

shall be specified therein, a hearing will be had upon such petition;

that such petition, the study and all exhibits and certifications

required by section 2-202 of this article, will be available for public

inspection in the office of each town clerk and on the website of the

department of state until the date of such hearing; that the purpose of

the hearing is to consider whether the village incorporation petition

meets all requirements of this article; that objections to the

sufficiency of the petition must be in writing and signed by one or more

of the residents of such town; and that any group of persons having one

or more objections in common may make designation in writing and signed

by them of at least one but no more than three persons giving the 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. Within five days of receiving direction from the commission

pursuant to this subdivision, the town clerk or clerks shall provide to

the commission a list of the six locations where such notices are to be

posted. Should the commission object to any such locations submitted by

the town clerk or clerks, the commission shall, no later than seven days

after receipt of such list of locations, direct the town clerk or clerks

to post such notices in alternative locations designated by the

commission. The postings of such notices shall be made by the town clerk

or clerks no later than twenty days after the filing of such petition,

the study and all exhibits and certifications required by section 2-202

of this article or copies thereof. A majority of such designees must

reside in such town or towns. In the absence of any other suitable

place, such hearing shall be held in a school building, if any, located

in such territory. If such territory is located in more than one town

that fact shall be included in the notice of hearing. For the purposes

of this section, in the event that the town maintains a website, one of

the posting requirements required by this section may be fulfilled by

posting such information on the town's website.

2. The department of state shall post the study on the department of

state's website beginning at such time as required by section 2-202 of

this article at least until the procedures pursuant to section 2-234 or

2-236 of this article are satisfied, whichever occurs sooner.

Proceeding on hearing. 1. The commission shall meet at the

time and place specified in such notice and shall hear objections which

may be presented as to the incorporation based upon any of the following

grounds:

a. That a person signing such petition was not qualified therefor;

b. That the petition does not contain the signatures of at least

twenty percent of the residents in such territory qualified to vote for

officers of a town in which all or part of such territory is located;

c. That such territory is part of a city or village;

d. That if such territory is less than an entire town, it contains

more than five square miles and the limits of such territory are not

coterminous with the entire boundaries of one school, fire, fire

protection, fire alarm, town special or town improvement district and

the limits of such territory are not coterminous with parts of the

boundaries of more than one school, fire, fire protection, fire alarm,

town special or town improvement district, all of which are wholly

contained within such limits and within one town;

e. That such territory does not contain a population of at least one

thousand five hundred regular inhabitants;

f. That the petition in any other specified respect does not conform

to the requirements of this article;

g. That a study as required by section 2-202 of this article has not

been submitted and made available to the public for public review for at

least ninety days before the hearing required by this article;

h. That the proposed village is incapable of providing services;

i. That the tax revenue collected by such proposed village would not

sufficiently defray the cost of municipal services at a property tax

rate that favorably compares to the property tax rate of the town or

towns; or

j. That the incorporation would increase tax burdens on those located

in the town or towns within which such proposed village would be

established.

2. The commission shall conduct the hearing.

3. All objections must be in writing and signed by one or more

residents qualified to vote for town offices a town in which all or part

of such territory of the proposed village is located. Testimony as to

objections may be taken at the hearing which shall be reduced to writing

and subscribed by those testifying. All written objections and signed

testimony shall clearly state the name and address of the objector.

4. The hearing may be adjourned but must be concluded within twenty

days from the date fixed in the notice of hearing.

5. The town clerk and any other official or employee of each town in

which any portion of such territory is located shall assist the

commission in verifying the validity of the petition in connection with

any objection raised pursuant to paragraph a or b of subdivision one of

this section.

Decision to commence village incorporation election. 1. Within

ten days after such hearing is concluded the commission shall determine

whether the petition complies with the requirements of this article and

shall make and sign a decision as to whether a village incorporation

shall proceed to election. The commission's decision shall be based on

an evidentiary record consisting of the incorporation petition, the

study and all exhibits and certifications required by section 2-202 of

this article, and any objections made pursuant to section 2-206 of this

article. If the members of the commission cannot agree, the decision

shall be deemed to be adverse to the petition. If the decision be

adverse to the petition, the decision shall contain a brief statement of

the reasons on which the adverse decision is based or the reasons on

which the members of the commission determined not to proceed to a

village incorporation election.

2. The original copy of the decision, copies of the notice of the

hearing together with affidavits of posting and publishing same, the

written objections and the minutes of proceedings taken on the hearing

including signed testimony shall be filed by the commission within

fifteen days after the hearing is concluded, with the town clerk of the

same town in which the original copy of the petition was filed and the

secretary of the state. Duplicate copies of the said papers shall be

filed with the town clerks of all towns in which any part of such

territory is located.

3. If no proceeding be instituted to review such decision within

thirty days after such filing of the original copy thereof, the decision

shall be final and conclusive. In the event that the decision is adverse

to the petition, a new proceeding for incorporation may be commenced

immediately.

Review of decision. 1. The decision of the commission as to

the petition and whether a village incorporation shall proceed to

election shall be subject to judicial review in accordance with article

seventy-eight of the civil practice law and rules.

2. Such proceeding must be instituted within thirty days after the

filing of the original copy of such decision as required by section

2-208 of this article.

3. The proceeding may only be instituted by a resident in a town in

which a part of such territory is located.

4. In addition to the requirements of said article seventy-eight:

a. Notice of such a proceeding in accordance with article

seventy-eight of the civil practice law and rules shall be given to the

secretary and the town clerk of each town in which any part of such

territory is located, each of whom shall cause same to be filed in their

office.

b. If the proceeding be brought to review a decision adverse to the

petition, copies of all papers in connection therewith shall be served

on all persons designated by objectors to the petition pursuant to

section 2-204 of this article and on all other objectors who have made

no such designations and whose objections were submitted in writing and

signed. Service shall be sufficient if made either personally or by

certified mail with a return receipt.

c. If the proceeding be brought to review a decision sustaining the

petition, copies of all papers in connection therewith shall be served

on all persons designated in the petition to receive same.

d. All persons served pursuant to paragraphs b and c of this

subdivision shall be parties to such proceeding under said article

seventy-eight.

e. All issues in any proceeding hereunder shall have preference over

all other civil actions and proceedings.

5. The successful party to any such proceeding shall file a certified

copy of the decision and order in the office of the clerk of each town

in which any part of such territory is located and with the secretary of

state who shall give notice of the receipt of the decision and order to

the commission within three days.

Right to election. 1. An election to determine the question of

incorporation shall be held no later than one hundred eighty days and no

earlier than ninety days after the first occurring of either of the

following two events:

a. The expiration of thirty days from the filing of the original of a

decision by the commission to proceed to a village incorporation

election pursuant to section 2-208 of this article and no proceeding

having been instituted to review same, or

b. The filing of a final order affirming the decision of the

commission to proceed to a village incorporation election pursuant to

section 2-208 of this article or reversing the decision of the

commission not to proceed to a village incorporation election pursuant

to section 2-208 of this article after such a proceeding to review.

2. The procedure for conducting said election shall be pursuant to the

election law.

Notice of election. No later than three days after the right

to an election is complete, the commission shall direct the town clerk

of each town in which any portion of such territory is located to post

in six public places in that part of such territory located in such town

and also to be published at least twice in the newspaper or newspapers

designated pursuant to subdivision eleven of section sixty-four of the

town law, a joint notice by the clerks of all such towns that at a

convenient place in such territory, between the hours of twelve o'clock

noon and nine o'clock in the evening and on a day not less than twenty

nor more than thirty days after the date of the posting and first

publication, which date and place shall be specified therein, an

election will be held to determine whether the proposed village of

(naming it) shall be incorporated. No later than five days after

receiving direction from the commission, the town clerk or clerks shall

provide to the commission a list of the six locations where such notices

are to be posted. Should the commission object to any such locations

submitted by the town clerk or clerks, the commission shall, no later

than seven business days after receipt of such list of locations, direct

the town clerk or clerks to post such notices in alternative locations

designated by the commission. In such instance, the postings of such

notices shall be made by the town clerk or clerks no later than twenty

days after the right to an election is complete. Such election shall not

be held on a day of a town election or of a general election in a town

in which any part of such territory is located. For the purposes of this

section, in the event that the town maintains a website, one of the

posting requirements required by this section may be fulfilled by

posting such information on the town's website. Such posting shall also

be made on the secretary of state's website.

Qualification of voters. Each resident in such territory

qualified to vote for town officers may vote at such election.

Registration list of voters. 1. Preparation. It shall be the

duty of the clerk of each town in which a portion of such territory is

located to make and file in their office, at least twenty days before

such election an accurate list of voters, alphabetically arranged, who

are qualified to vote at such election. Such list shall be copied from

the registration poll records for the last preceding general election,

and shall be modified in accordance with whatever information the town

clerk may have or receive from the board of elections.

2. Inspection of and additions to registration list. At least three

days prior to such election and not on a Sunday the registration list

for such election shall be open for inspection by the public in the

office of the town clerk preparing same between the hours of twelve

o'clock noon and nine o'clock in the evening where and when any person

claiming to be qualified to vote at such election whose name is not

included in the registration list of voters therefor may apply to such

clerk for a revision of such list to include his or her name. The clerk,

upon presentation of proper proofs showing that such person is or will

at the time of such election be qualified to vote for town officers of

such town as a resident of such territory, shall revise such list to

include the name of such person.

3. Notice of availability of list for inspection and additions. Within

ten days after the right to an election is complete the town clerk of

each town in which any portion of such territory is located shall cause

to be posted in six public places in that part of such territory located

in such town and also to be published at least twice in the newspaper or

newspapers designated pursuant to subdivision eleven of section

sixty-four of the town law, a notice: that a registration list of voters

qualified to vote at such election will be available for inspection in

their office between the hours of twelve o'clock noon and nine o'clock

in the evening on a day specified therein which day shall not be on a

Sunday and shall be at least three days prior to such election; that at

said time and place said list will be available for inspection by the

public; and also that at said time and place persons claiming to be

qualified to vote at such election whose names are not on such list may,

upon presentation of proper proofs, have their names added thereto.

Prior to posting, the town clerk or clerks shall provide to the

commission a list of the six locations where such notices are to be

posted. Should the commission object to any such locations submitted by

the town clerk or clerks, the commission shall, no later than seven days

after receipt of such list of locations, direct the town clerk or clerks

to post such notices in alternative locations designated by the

commission. The postings of such notices shall be made by the town clerk

or clerks no later than twenty days after the right to an election is

complete. For the purposes of this section, in the event that the town

maintains a website, one of the posting requirements required by this

subdivision may be fulfilled by posting such information on the town's

website.

4. No person shall be entitled to vote at such election whose name

does not appear on the registration list of voters.

Conduct of election. 1. Time and place. An election shall be

held at the time and place specified in the notice of election.

2. Manner of voting. Voting may be either by voting machine or by

paper ballots. Paper ballots may be written or printed and shall be

consecutively numbered. Ballots shall contain the words "for

incorporation" and "against incorporation".

3. Inspectors of election. The election shall be conducted by a board

of inspectors of election consisting of the town clerks and supervisors

of each town in which any portion of such territory is located. The town

clerk of each such town shall serve a copy of the notice of election and

a notice of the composition of the board of inspectors of election upon

the supervisor or supervisors thereof at least ten days before the date

fixed for such election. The town board or boards of such towns shall

also jointly designate four alternate members of the board of inspectors

of election who shall be qualified voters of such territory to

substitute for any of the original board of inspectors of election who

do not attend at the time and place fixed for such election. Notice of

such designation together with copies of the notices herein required to

be served on supervisors shall be served on such designees at least ten

days prior to such election. If less than all of the officers

constituting the original board of inspectors of election attend at the

time and place fixed for the election, those attending shall appoint

such number of the aforementioned alternate designees as are necessary

to form a full board. The inspectors conducting the election shall

receive such compensation as shall be fixed by the town board or boards

appointing them.

4. Powers and duties of inspectors. The inspectors shall execute the

constitutional oath of office and file same in the office of the town

clerk wherein was filed a copy of the petition. They shall supervise and

conduct such election and in connection therewith shall possess all the

powers conferred by law upon a board of inspectors of election at a town

election, so far as the same are applicable.

5. Applicability of election law. The provisions of the election law

not inconsistent herewith shall apply to such election so far as the

same are practicable.

Canvass of election. 1. At the close of the polls and as soon

thereafter as the inspectors of election shall have completed their

other duties as provided in this chapter and in the applicable

provisions of the election law, the inspectors thereat shall publicly

canvass and ascertain the vote without adjournment or postponement and

upon the completion of the canvass shall make and sign a certificate of

the holding of the election and of the canvass showing for the territory

or for each part of each town in the territory and computed separately

for each such part, as the case may be, the whole number of such votes,

the number of blank and void ballots, if any, the number for

incorporation and the number against incorporation. If a majority of the

valid votes cast in the territory or in each part of each town in the

territory and computed separately for each such part, as the case may

be, is for incorporation, the proposed village shall be incorporated as

provided in section 2-234 of this article. The inspectors of election

shall also and before nine thirty o'clock in the forenoon of the

following day file the original of such certificate in the office of the

clerk of the town wherein was filed the original of the petition for

incorporation and duplicate copies thereof in the offices of the clerks

of all other towns in which a portion of such territory is located.

2. If the certificate shows that less than a majority of the valid

votes cast in the territory or in any part of any town in the territory

and computed separately for such part, as the case may be, at such

election is for incorporation then no proceeding for the incorporation

of the same territory shall be commenced within one year from the date

of such election.

Review of election. A person qualified to vote at such

election may, not more than ten days after the filing of the original of

the certificate of election, institute a proceeding to determine the

validity or regularity of such election before the supreme court or any

justice thereof within the judicial district in which such territory or

any part of it is located. Such court or justice thereof shall, in

connection therewith, determine any question arising and make such order

as justice may require in respect to the validity and regularity of such

election. The proceeding shall be heard upon verified petition and such

oral or written proof as may be offered and, in addition to the notice

hereinafter required, upon such further notice to such persons as the

court or justice shall direct. The proceeding shall be summarily

determined and shall have preference over all other causes in all

courts. Certified copies of the decision shall be filed in the office of

the clerk of each town in which any portion of such territory is

located. No costs shall be allowed to any party to such proceeding.

Notice of proceeding for review of election. A person

instituting a proceeding under section 2-224 of this article shall serve

a copy of the verified petition on which same is to be heard on each

town clerk with whom the original or a copy of the certificate of

election was filed and also upon each person designated in the petition

for incorporation, or designated in written objections to said petition,

to receive service of papers in connection with the proceeding for

incorporation. In addition the person instituting such proceedings

shall cause copies of such petition to be posted in five conspicuous

places in such territory.

Stay of further proceedings. The institution of a proceeding

under section 2-224 of this article shall serve to stay all further

proceedings in connection with the proposed incorporation of such

territory until the final determination thereof and the expiration of

the time within which to take an appeal with no appeal having been

taken.

New election. If the election is set aside as a result of a

final determination in a proceeding instituted pursuant to section 2-224

of this article, a new election shall be held. The right to such an

election shall be complete upon the filing of certified copies of such

final determination with the town clerks of the towns in which any

portion of such territory is located. Upon such filing such clerks shall

give notice of a new election. All the provisions of this article

regulating the first election shall apply to a new election. Further new

elections shall be held in like manner if any subsequent election is set

aside.

Report of incorporation. After ten and within fifteen days

from the filing of the certificate of election certifying that a

majority of the votes cast were cast for incorporation and if no

proceeding is instituted to review the validity and regularity of the

election or within fifteen days after the filing of a final

determination in such a proceeding sustaining the validity and

regularity of the election, the town clerk with whom the original of the

certificate of election was filed shall prepare and deliver a report of

incorporation to the secretary of state, state comptroller, commissioner

of taxation and finance and to the county clerk and county treasurer of

each county and to the clerk of any other town in which any part of such

territory is located. Such report of incorporation shall include:

a. A copy of the certificate of election certified by the inspectors

of election.

b. A statement that the time to institute a proceeding for a review of

the election has expired and that no such proceeding has been commenced;

or a certified copy of the final determination, if any, of the court or

justice sustaining the results of the election.

c. An outline map and a metes and bounds description of the territory

within such village which the clerk shall furnish or cause to be

prepared at the original expense of the towns in which such territory is

located. Such original expense shall be borne equally by each such town

unless otherwise agreed.

d. A statement of the population of the territory as it appears by the

exhibit attached to the petition for incorporation.

Date and certificate of incorporation and effective dates. 1.

The secretary of state upon receipt of the report of incorporation shall

forthwith file same in his office and, in a certificate of

incorporation, shall certify, under the seal of his office, to the clerk

of each town in which any portion of such territory is located that said

report has been filed in his office giving the date of filing thereof.

The village shall be incorporated as of the date of the filing of said

report; provided, however, that such incorporation shall only become

effective on the following dates for the following purposes:

a. from the date of incorporation:

(1) to perform any and all acts authorized in sections 2-236 through

2-250 inclusive, hereof

(2) to appoint a village clerk, treasurer, attorney

(3) to hold meetings of the board of trustees

(4) to appoint a zoning commission

(5) to engage necessary clerical assistants to the clerk

(6) to designate an official newspaper

(7) to fix the compensation of and to pay all salaries, fees, costs

and disbursements in connection with any of the foregoing and to borrow

by tax anticipation notes in the manner provided in the local finance

law, such money as may be needed to make such payments.

(8) such officers, commission, and employees as are authorized by this

paragraph shall have power to perform their necessary duties.

b. from the first day of January next succeeding the date of

incorporation:

(1) to perform all acts and fulfill all requirements of title two of

article fourteen of the real property tax law

(2) to perform all acts and fulfill all requirements of this chapter

in the article entitled "Finances".

(3) to pay all necessary costs and disbursements in connection with

the foregoing and to borrow by tax anticipation notes in the manner

provided in the local finance law, such money as may be needed to make

such payments.

c. from the first day of June following the first day of January next

succeeding the date of incorporation, to have and exercise all the

rights, powers, duties, privileges and immunities granted villages by

the constitution or any other provision of law.

2. The town clerks of all towns in which any part of such territory is

located shall, uopn the appointment of the village clerk as provided in

section 2-240 of this article, deliver to said clerk the certificates of

incorporation filed with them for permanent inclusion in the official

records of said village.

Payment of expenses incurred in proceedings for incorporation

if village not incorporated. If the incorporation of the proposed

village be not effected by the proceedings authorized in this article,

the expenses incurred by the towns in which any part of such territory

is located for payment of cost of posting, publishing and serving

required notices, stenographic services and services of inspectors of

election shall be paid from the fund deposited with the department of

state, on behalf of the commission. If such fund so deposited is not

sufficient to pay all of such expenses, the costs in excess of such fund

shall be a general town charge.

Appointment of village clerk. 1. Within five days after the

filing of the certificate of incorporation in the offices of the clerks

of each town in which any portion of the village is located, such clerks

shall jointly appoint a resident of the village to serve as village

clerk until his successor is chosen by the first elected board of

trustees.

2. A copy of such joint appointment shall be delivered to such village

clerk and copies thereof shall be filed in the office of each such town

clerk. Within three days after his appointment the village clerk shall

file the constitutional oath of office with the town clerk with whom the

original of the certificate of election was filed and shall file a copy

thereof with the town clerks of all other towns in which any part of the

village is located.

First election of officers, terms of office. 1. Except as

provided in section 17-1703 of this chapter, an election, which shall be

deemed a special election, shall be held pursuant to the election law in

the village no more than sixty days after the appointment of the village

clerk.

2. At such first election a mayor and four trustees shall be chosen.

3. If such first election be held on or after the first Monday in

April and before the first Monday of October in any one year, the terms

of office of two of the trustees shall expire at noon on the first

Monday in April next succeeding such first election.

4. If such first election be held at any other time, the terms of

office of such two trustees shall expire one year after the first Monday

in April next succeeding such first election.

5. The terms of office of the mayor and the other two trustees shall

expire at noon on the first Monday in April next succeeding the

expiration of the terms of office of the first two trustees above

mentioned.

6. The terms of office of officers elected under this section commence

as soon as they have qualified in the manner hereinafter provided in

this chapter.

Notice of election, appointment of inspectors. 1. Within ten

days after his appointment, the village clerk shall cause to be

conspicuously posted, in at least six public places in the village, and

also to be published at least once in a newspaper of general circulation

therein, a notice of such election specifying the time and place of

holding the election, the hours of opening and closing the polls which

shall be from twelve o'clock noon to nine o'clock in the evening, and

the offices and the terms thereof to be filled. For the purposes of this

section, in the event that the village maintains a website, one of the

posting requirements required by this subdivision may be fulfilled by

posting such information on the website.

2. Also within ten days after his appointment the village clerk shall

appoint four persons qualified to vote at the first election of officers

to serve as inspectors of such election. The persons so appointed shall

file their constitutional oath of office with the village clerk within

three days after their appointment.

3. The provisions of this section shall not apply to villages

incorporated to embrace the entire territory of a town.

Conduct of first village election. 1. All persons qualified to

vote for town officers and who have been residents of the village for

thirty days prior to such election may vote for such village officers.

2. The inspectors of election appointed by the village clerk shall

conduct such election in the manner provided in this chapter for the

election of village officers at an annual village election so far as

practicable and shall be paid at the same rate as inspectors at the last

preceding general election held in such territory.

First meeting of the board of trustees. As soon as is

practicable after such first election the mayor and trustees elected

thereat shall meet and appoint a clerk and treasurer and such other

officers as are authorized by law.

Town legislation to carry over. For a period of two years

after the date of incorporation, all local laws, ordinances, rules or

regulations, which otherwise would apply to and affect only such part of

a town as is outside the limits of any incorporated village, of any town

in which the village, or a part thereof, is located in effect on the

date of incorporation of the village, including but not limited to

zoning ordinances, shall remain in effect in such village or such part

thereof as if same had been duly adopted by the board of trustees,

provided, however, that such local laws, ordinances, rules and

regulations so carried over shall be enforced and administered by the

appropriate town officials until the first day of June following the

first day of January next succeeding the date of incorporation and

thereafter by the appropriate village officials; and provided further,

however, that any such local law, ordinance, rule or regulation shall

cease to be in effect in the village or any part thereof when so

determined by any general, special or local law, or when replaced by any

general or special law covering the same subject matter; and provided

further, however, from the date of incorporation the village may prepare

and enact local laws, resolutions, rules, and regulations to be

effective as provided in such local laws, resolutions, rules and

regulations.

Town and district services continued. 1. a. Any town in which

any part of a newly incorporated village is located shall, from the date

of such incorporation until the first day of June following the first

day of January next succeeding such date of incorporation, continue to

perform and to render to and in such incorporated area all those

functions and services performed and rendered by it therein and

therefore on the date of the filing of the petition for incorporation

which function and services, except for the requirements of this

section, would otherwise have ceased to be required to be performed or

rendered therein upon such incorporation.

b. Any town improvement district and any fire district, fire protection

district or fire alarm district partially located in a newly

incorporated village and which upon the incorporation of such area would

by operation of law or could thereafter pursuant to law, cease to exist

in such village shall, nevertheless, from the date of such incorporation

until the first day of June following the first day of January next

succeeding such date of incorporation, continue to perform and to render

to and in such incorporated area all those functions and services

rendered by it therein and therefore on the date of the filing of the

petition for incorporation.

2. The cost and expense of so performing and so rendering said

functions and services shall be budgeted, levied upon, assessed against

and collected from the entire town or district, as the case may be, as

if such village had not been incorporated. In budgeting such cost and

expense such town or district shall provide for a full year's cost and

expense of providing such functions and services in the incorporated

area.

3. The collector or receiver of taxes of a town and the treasurer of a

county shall continue to perform their duties in respect to the property

included in such incorporated area until all taxes and assessments

extended and levied against such property prior to the village

incorporation or subsequent thereto, as provided in subdivision two of

this section, have been collected.

4. Such collector or receiver of taxes of a town and such treasurer of

a county shall, on the first day of June following the first day of

January next succeeding the date of incorporation, pay over to the

treasurer of the village seven-twelfths of the collected taxes and

assessments extended and levied against the real property in said area

for the functions and services referred to in subdivision one hereof.

Such collector or receiver of taxes of a town and such treasurer of a

county shall, commencing on the first day of July following the first

day of January next succeeding the date of incorporation, pay over to

the treasurer of village monthly, as collected after the first day of

June, seven-twelfths of the taxes and assessments extended and levied

against the real property in said area for the functions and services

referred to in subdivision one hereof. However, the village, town and

district or any of them may agree to a different amount or manner of

payment or both.

5. All sums received by the village treasurer pursuant to this section

shall be deposited in the general village fund.

6. Nothing contained in this section shall be deemed to cause or

require the abolition or diminution of such a town improvement district,

a fire district, a fire protection district, or a fire alarm district.

Effect of incorporation on all districts entirely within

village. 1. Whenever the term "district" is used in this section it

shall be construed as referring to a fire district, fire protection

district or fire alarm district, or a town special district, or a town

improvement district; and the term "governing body" as used in this

section shall be construed as referring to all boards, bodies or

persons, in which any of the governing powers of a district are vested.

2. If on the date of incorporation of a village the limits of the

village are coterminous with the limits of, or wholly include, the

territory of a district, such district shall cease to exist at the end

of the fiscal year of such district next following the first day of June

following the first day of January next succeeding the date of

incorporation; except as otherwise provided in this section, the powers

and duties of the governing body of the district and of all the officers

of the district in connection therewith shall then cease and determine;

and any board of commissioners, any office of commissioner and any other

office of any such district shall also cease to exist at such time.

2-a. If the limits of a village incorporated prior to the first day of

April, nineteen hundred sixty-five are coterminous with the limits of,

or wholly include the territory of, a district, the board of trustees of

the village, by local law or pursuant to the provisions of article

seventeen-A of the general municipal law, may abolish any such district.

In addition to any other notice required in connection with the adoption

of such local law generally, thirty days' written notice of the hearing

to be held in connection with such local law shall be given to the

governing body of any such district and to the town clerk. A certified

copy of any such local law shall be served upon or mailed to such

governing body and clerk within five days following the adoption

thereof. Except as otherwise provided in this section, the powers and

duties of the governing body of a district so abolished and of all the

officers of the district in connection therewith shall cease and

determine upon the effective date of such local law and any board of

commissioners, any office of commissioner and any other office of any

such district shall also cease to exist at such time. No such local law

shall become effective except on the last day of a fiscal year of the

town or district, as the case may be.

3. a. The obligations and the contracts of a district which shall so

cease to exist and the obligations and contracts of a town for the

benefit of or chargeable to such a district shall not be impaired by

this section.

b. Notwithstanding the dissolution of a district pursuant to this

section,

(1) an amount shall be levied and collected annually sufficient to pay

in regular course the principal of and interest on all bonds or

obligations issued pursuant to the local finance law or otherwise by or

on behalf of such district which are outstanding and unpaid as of the

date of the dissolution of the district. Such annual levy and collection

shall continue until all such outstanding bonds and obligations are paid

in full.

(2) all levies, assessments, fees, rates or other charges of the

district unpaid as of the date of dissolution and all penalties and

interest thereon shall be collected.

(3) all moneys collected under subparagraph two of this paragraph

which would be available for district purposes if the district were not

dissolved shall be applied to the payment of all obligations of the

district, other than those described in subparagraph one of this

paragraph, which are due and payable at the time of the dissolution of

the district. All such moneys so collected and not required for such

purpose shall be paid over to the village treasurer.

(4) the levies, collections and payments described in subparagraphs

one, two and three of this paragraph shall be made in the same manner as

if the district had not been dissolved, except that for the purposes of

this paragraph:

(a) if a fire district is dissolved, the board of trustees of the

village shall constitute the board of fire commissioners of the former

fire district and

(b) if a district other than a fire district is dissolved, the powers

of the governing body of the district shall be exercised and performed

by the town board of the town in which the district is located.

(5) in lieu of the requirements set forth in subparagraph one of this

paragraph, the board of trustees by resolution, subject to permissive

referendum, may provide that the village shall assume responsibility for

the levy and collection, as a general village charge, of all amounts

required to pay the bonds or obligations therein described. In such

event the village shall annually pay an amount sufficient to pay the

principal and interest on such bonds or obligations as same become due

and payable in regular course. In the case of bonds or obligations of a

district other than a fire district, such payment shall be made to the

supervisor of the town in which the district is located. In the case of

fire district bonds or obligations, payment shall be made directly to

the holder of such bonds or obligations. The board of trustees shall

give written notice of such resolution to the town board before same

shall become effective. Nothing herein contained shall prevent the

village from prepaying to the town for the purpose of redeeming such

bonds or obligations, other than those of a fire district, in whole or

in part provided the bonds or obligations permit such part payment or

redemption. Nothing herein contained shall prevent the village from

prepaying or redeeming such fire district bonds or obligations in whole

or in part provided the bonds or obligations permit such part payment or

redemption.

c. All contracts of or on behalf of and chargeable to a district which

ceases to exist hereunder, including all amounts unpaid under such

contracts but excluding all amounts unpaid thereunder which were due and

payable at the time of dissolution of such district, other than

obligations incurred pursuant to the local finance law, shall, to the

extent they are the responsibility of or beneficial to such a district,

be assumed by the village and all expenditures under such contracts

shall be charged as provided in subdivision six of this section. The

terms and conditions and all rights of or on behalf of the district,

including any right of amendment or rescission of such contract, shall

inure to the benefit of the village.

4. The governing body of a district shall be responsible for the

payment of all obligations of the district other than those described in

subparagraph one of paragraph b of subdivision three of this section

which are due and payable at the time of the dissolution of the

district. The governing body of a district shall be responsible for the

payment of all obligations of the district described in subparagraph one

of paragraph b of subdivision three of this section.

5. Upon a district ceasing to exist hereunder, all property of a

district shall automatically become the property of the village and, in

connection therewith, the governing body and any other officer or person

empowered to transfer title to or having the custody or control of any

moneys of such district, any moneys in a reserve fund, any real or

personal property of such district or used or applied for the purposes

of such district, any policies of insurance for the benefit of such

district, any documents, instruments and other muniments of title to

district property and of any official books, records and other data

relating to the operation and management of such district shall prepare

or cause to be prepared an inventory of all such property, shall certify

same, shall deliver same to the village clerk and shall:

a. pay over to the village treasurer all such moneys except so much

thereof as was collected for the purpose of paying principal of and

interest on bonds or other obligations issued pursuant to the local

finance law or otherwise by or on behalf of the district and further

except so much of the balance of such moneys as may be required to pay

those obligations of the district described in subdivision four of this

section. The village treasurer on receipt of such moneys, shall set same

aside and apply them pursuant to law to the purposes of the district

which ceases to exist hereunder so long as the village continues to

provide the service or function thereof and thereafter to be applied in

reduction of village taxes levied against the area of such former

district; provided, however, that so long as the village provides the

service or function of the former district any moneys held by or on

behalf of a district in a reserve fund subject to the provisions of

article two of the general municipal law or section fifty-five-a of the

town law shall be held and administered by the village as a reserve fund

subject to those provisions of article two of the general municipal law

pertaining to villages for the same or similar purpose for which any

such fund was established.

b. surrender and deliver all such insurance policies, books, such real

or personal property.

c. assign such policies of insurance and its interest thereunder to

the extent permitted therein to the village.

d. surrender and deliver all such insurance policies, books, records

and other data to the village clerk. Copies of official books, records

and other data relating to the operation and management of such district

and certified by the officer responsible for same shall be sufficient to

satisfy the requirements of this paragraph. No fees or expenses shall be

charged for the making of such copies and same shall be entitled to the

same admissibility in evidence in a court proceeding as the originals

thereof.

e. surrender and deliver all other such personal property to such

village officer, employee, board or commission as the board of trustees

of the village shall designate The failure of the governing body or any

other officer or person to comply with the requirements of this

subdivision shall in no way impair the automatic transfer to the village

of the right, title or interest of the district of, in or to such

property.

6. Upon a district ceasing to exist hereunder and until such time as

the village may discontinue the service or function pursuant to

subdivision seven of this section, the service or function of such

former district shall become a village service or function and shall be

continued as, in the discretion of the board of trustees of the village,

may be needed in all territory which previously received same and the

board of trustees shall have all the powers and duties granted by law to

village officials in connection with such service or function and such

additional powers formerly held by the governing body or any officer of

the district which may be necessary to continue the service or function

of the district, provided, however:

a. if the limits of a district which ceases to exist hereunder are

wholly within but are not coterminous with those of the village and the

service or function formerly provided by such district is not extended

outside the limits of the former district, all the costs and expenses of

such service or function may be chargeable only to the territory of such

former district.

b. if the limits of a district which ceases to exist hereunder are

wholly within but are not coterminous with those of the village and the

service or function formerly provided by such district is extended

outside the limits of such former district, so much of all costs and

expenses of such extension of service or function to such outside

territory as is represented by the payment of the principal and interest

on obligations incurred therefor by the village pursuant to the local

finance law may be chargeable to and collected from such outside

territory; and all other costs and expenses of such service or function

may be chargeable only to that part of the entire territory of the

village in which such service or function is provided. In any event and

regardless of the territory to which such other costs and expenses may

be made chargeable, same shall be apportioned and collected uniformly

and without discrimination within such territory.

c. upon any fire district ceasing to exist hereunder, all fire, hose,

protective or hook and ladder companies and all authorized squads or

other units of such district, including the memberships thereof, shall

continue to exist and shall not be affected thereby except as follows:

(1) the members of all such companies, squads or units shall

constitute a corporation and the fire department of the village.

(2) all such companies, squads or units shall thereafter be subject to

and governed by all the provisions of this chapter regulating and

pertaining to any such company, squad or unit and the fire department of

the village.

d. upon the incorporation of a village all existing fire, hose,

protective or hook and ladder companies and all other firemanic squads

or units independently organized and incorporated which are not

companies, squads or units of any fire district ceasing to exist

hereunder and the boundaries of which companies, squads or units as

specified in their certificates of incorporation or charters or any laws

establishing such companies, squads or units are coterminous with or

wholly included within the limits of the village and the memberships

thereof shall continue to exist and shall not be affected thereby except

as follows:

(1) the members of all such companies, squads or units shall

constitute a corporation and the fire department of the village.

(2) all such companies, squads or units shall thereafter be subject to

and governed by all the provisions of this chapter regulating and

pertaining to any such company, squad or unit and the fire department of

the village.

e. all officers and employees of any district which ceases to exist

hereunder shall to the greatest extent practicable in the discretion of

the board of trustees be continued in the same or similar positions as

village employees and, in connection therewith, shall have all the

rights provided by the civil service law as if their former positions

with the district had originally been established by the village.

7. The board of trustees of the village at any time by local law may

discontinue the service or function of the former district in all or any

part of the village; provided, however, that any such local law shall be

subject to a permissive referendum of the qualified voters in the

territory receiving the service or function at the time of the adoption

of such local law and in which the service or function is proposed to be

discontinued. For the purpose of such referendum such territory shall be

considered as if it comprised the entire territory of the village.

8. This section shall not apply to any special assessment area or any

area of assessment for benefit the boundaries of which are coterminous

with or wholly included within the limits of the village, which was

established only to pay the original cost of any special improvement or

facility or any addition thereto, benefitting such area. As to any such

area the assessments therein established shall continue to be levied and

collected as if the village had not been incorporated. However, any such

publicly owned improvement or facility shall become the property of the

village in the same manner as provided in subdivision five of this

section for property of a district.

9. Any other special assessment area or any other area of assessment

for benefit the boundaries of which are coterminous with or wholly

included within the limits of a village, shall be considered as a

district subject to the provisions of this section and chapter if same

was established not only to pay the original cost of any special

improvement or facility, or any addition thereto, benefitting such area

but also to pay the cost of the operation, maintenance, repair or

replacement thereof.

Liability to special districts and collection of funds. If

the territory so incorporated as a village includes within its

boundaries part of a special district established by the town for a

sewer, water, light, fire, park, health, police or any other special

district for municipal purposes the territory so included within the

boundaries of the village shall not be relieved from bearing its

proportionate share of any liability or indebtedness incurred for such

special district purposes while such territory was a part of such

special district and until such liability is discharged, or such

indebtedness paid the proportionate share to which such territory would

be liable if it had not been included in the boundaries of the village

shall be levied upon, assessed and collected from such territory by the

proper officers of such village in the same manner as if such territory

had not been included within the boundaries of the village. All moneys

so collected shall be paid over from time to time by the village

treasurer to the supervisor of the town to discharge such liability. The

collector or receiver of taxes of a town and the treasurer of a county

shall continue in the execution of his duties in respect to the property

included in the boundaries of a village incorporated under the

provisions of this article until he shall have collected the taxes

authorized or assessed for the year of such incorporation or which have

been extended on the town assessment roll and become a lien after such

incorporation and pay to the treasurer of the village when collected the

taxes extended on the assessment roll against property within the

village for highway, health, water, light, fire, park, sewer, police or

other special district purposes.

Apportionment of property and obligations of a special

district of a town upon the incorporation of a part in a village. If the

territory so incorporated as a village includes within its boundaries

part of a special district established by the town for a sewer, water,

light, fire, park, health, police or any other special district for

municipal purposes, the proportion of the bonded debt incurred by the

town and payable by a tax against the property within a special

district, for whose benefit the bonds were issued which shall be assumed

by the village and the apportionment of personal and real property

belonging to the special district shall be determined according to the

relative assessed valuation of the personal and real property in that

portion of the special district without the village and that portion

within the village, in the following manner: the town board of the town

when acting as a board for special district exclusive of a member who

may reside in the village or the commissioner or commissioners of a

special district where the special district is managed by a commissioner

or commissioners exclusive of a member who may reside in the village and

the trustees of the village being unable to agree within six months

after the incorporation of the village becomes complete upon the

proportion of the debt and the apportionment of the personal and real

property, then the supreme court shall have power to determine such

division and to enforce such award, division and determination as shall

be made in the premises in a suit in equity to be brought in the name of

either of the said parties.

Fiscal study reporting. 1. A fiscal study required pursuant to

paragraph g of subdivision one of section 2-206 of this article shall be

completed prior to any village incorporation election takes place.

2. Such fiscal study referenced in subdivision one of this section

shall be submitted to the department of state and shall be posted by the

department of state on the public facing portion of its website;

provided however, that approval of a village incorporation petition

shall not be deemed effective until the study has been completed and

publicly posted for a minimum of ninety days.

Village incorporation commission and general administration.

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) one member appointed by the secretary of state;

(2) one member appointed by the comptroller; and

(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.

d. The member appointed by the secretary of state shall be chairperson

of the commission, provided that in the absence of the secretary of

state's appointee at any meeting of the board the appointee of the

attorney general or the comptroller, in such order, if either or both be

present, shall act as chairperson.

e. No member of the commission shall be disqualified from holding any

other public office, nor shall employment be forfeited by reason of the

member's appointment hereunder, notwithstanding the provisions of any

general, special or local law, ordinance, county or city charter.

2. The commission shall have powers and duties as provided in this

subdivision. A petitioner may seek relief from the commission under

paragraph f of this subdivision in the event that the petitioner or

petitioners and town or towns are unable to jointly select a third-party

to prepare the study required by section 2-202 of this article within

thirty-days of the filing of such a request with the town clerk:

a. To accept petitions filed pursuant to this article;

b. To hold hearings as required by this article;

c. To 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;

d. To evaluate petitions filed pursuant to this article to ensure all

components required by section 2-202 of this article have been included;

e. To 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.

f. To select a third-party designee from a list submitted by the

petitioner or petitioners and town or towns to prepare the study

required to be attached to the petition pursuant to section 2-202 of

this article;

g. To direct the town clerk or clerks to post notices of hearing in

alternative locations pursuant to section 2-204 of this article;

h. To direct the town clerk or clerks to post notices of election in

alternative locations pursuant to section 2-214 of this article; and

i. To direct the town clerk or clerks to post notices of availability

of list for inspection and additions pursuant to section 2-218 of this

article.

3. Prior to issuing its decision with regard to whether a village

incorporation election shall proceed, and upon receiving a complete

petition seeking village incorporation, the commission shall review the

study attached to such petition, as required by section 2-202 of this

article, to determine whether such study conforms to the requirements of

section 2-202 of this article.

4. Commission review. The commission shall determine whether:

a. the petitioner has submitted a study pursuant to section 2-202 of

this article having all the elements required by this article and that

such study was provided for public review on the department of state's

website for at least ninety days before any public hearing on the

petition;

b. the proposed village is capable of providing services to the area

proposed to be incorporated;

c. the tax revenue collected by such proposed village would

sufficiently defray the cost of municipal services at a property tax

rate that favorably compares to the property tax rate of the town or

towns; and

d. the incorporation would increase tax burdens on those located

within the town or towns within which such proposed village would be

established.

5. A village incorporation election shall not proceed if the

commission determines based on the evidentiary record that the petition

or the study or other exhibits or certifications with the petition does

not meet the requirements of this article or that the proposed village

would not satisfy the criteria of paragraph b, c, or d of subdivision

four of this section.

6. A notice of the commission's decision with regard to whether a

village incorporation shall proceed to election shall be by majority

vote, and the department of state shall post a notice of the

commission's 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.

Eligibility for election or appointment to, and continuance in

office. 1. In addition to any other legal requirements or prohibitions,

no person shall be eligible to be elected or appointed as mayor, trustee

or member of any board or commission, and, no person, if elected or

appointed to such office, shall be eligible to continue to serve

therein, who is not a citizen of the United States of America, at least

eighteen years of age, and a resident of the village.

2. No person shall be eligible to be appointed to or to hold any other

village office who: is not a citizen of the United States; is not at

least eighteen years of age; except as may otherwise be provided by law,

is not a village resident; and, if eligibility to or holding of such

office is subject to regulation under the civil service law or any other

law, does not meet the requirements of such law or laws. Notwithstanding

any other provisions of law to the contrary; (a) the board of trustees

of a village may provide, in lieu of any other residency requirement

imposed by law, that any appointed village officer may reside within a

county in which the village is wholly or partially situated, (b) the

board of trustees of a village with a population of less than three

thousand may provide, in lieu of any other residency requirement imposed

by law, that the village justice may reside within a county in which the

village is wholly or partially situate.

3. No person shall simultaneously hold an elective and an appointive

village office except that: not more than two members of the board of

trustees may be members of each board and commission; members of the

board of trustees may be single commissioners in charge of village

departments except as provided in the zoning article in this chapter.

4. Except as is otherwise provided by law, no person shall be

disqualified from holding a village office by reason of holding any

public office unless such public officer could not fully discharge the

duties and obligations of the village office while carrying out the

duties and obligations of any such other office.

* 5. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Croton-on-Hudson, Westchester

county, may, by resolution, provide that the village clerk of the

village of Croton-on-Hudson, Westchester county, need not be a resident

of said village but must be a resident of New York state.

* NB (Expired first Monday of the month following general village

election, 1980)

6. Notwithstanding any provisions of this chapter or any other general

law, local law, ordinance or special act, the village board of trustees

of the incorporated village of New Square, Rockland county, may, by

resolution, provide that the village justice of the village of New

Square, Rockland county, need not be a resident of said village but must

be a resident of New York state.

7. Notwithstanding any provisions of this chapter or any other general

law, local law, ordinance or special act, the village board of trustees

of the incorporated village of Russell Gardens, Nassau county, may, by

resolution, provide that the village clerk and deputy clerk of the

village of Russell Gardens, Nassau county, need not be a resident of

said village, but must be a resident of New York state.

8. Notwithstanding any provisions of this chapter or any other general

law, local law, ordinance or special act, the village board of trustees

of the incorporated village of New Paltz, Ulster county, may, by

resolution, provide that the village clerk-treasurer and deputy

clerk-treasurer of the village of New Paltz, Ulster county, need not be

a resident of said village, but must be a resident of New York state.

9. Notwithstanding any provisions of this chapter or any other general

law, local law, ordinance or special act, the village board of trustees

of the incorporated village of West Haverstraw, Rockland county, may, by

resolution, provide that the village clerk, village justice and the

village treasurer of such village, need not be residents of said

village, but must be residents of New York state.

10. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Saltaire, Suffolk county, may,

by resolution, provide that any appointed village officer of the village

of Saltaire, Suffolk county, need not be a resident of said village, but

must be a resident of New York state.

11. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Penn Yan, Yates county, may, by

resolution, provide that the office of justice court clerk of such

village may be held by a person who is not a resident of such village,

provided that such person resides in the county of Yates or a county

which adjoins the county of Yates.

12. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Arkport, Steuben county, may, by

resolution, provide that the office of clerk/treasurer of such village

may be held by a person who is not a resident of such village, provided

that such person resides in the county of Steuben or a county which

adjoins the county of Steuben.

13. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Goshen, Orange county, may, by

resolution, provide that the office of treasurer of such village may be

held by a person who is not a resident of such village, provided that

such person resides within the county in which such village is located

or in an adjoining county within the state of New York.

14. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Aurora, Cayuga county, may, by

resolution, provide that the office of treasurer of such village may be

held by a person who is not a resident of such village, provided that

such person resides within the county in which such village is located

or in an adjoining county within the state of New York and may, by

resolution, provide that the office of clerk of such village may be held

by a person who is not a resident of such village, provided that such

person resides within the county in which such village is located or in

an adjoining county within the state of New York. Provided, however, the

person performing the functions of village clerk in any other village

shall be an elector of such village, unless otherwise provided by an act

of the state legislature.

15. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Islandia, Suffolk county, may,

by resolution, provide that the office of village justice of such

village may be held by a person who is not a resident of such village,

provided that such person resides within the county in which such

village is located or in an adjoining county within the state of New

York.

16. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Trumansburg, Tompkins county,

may, by resolution, provide that the village clerk-treasurer and deputy

clerk of the village of Trumansburg, Tompkins county, need not be a

resident of said village, but must be a resident of New York state,

provided that such person resides in the county of Tompkins or in a

county which adjoins the county of Tompkins.

* 17. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Honeoye Falls, Monroe county,

may, by resolution, provide that the code enforcement officer and

building inspector of the village of Honeoye Falls, Monroe county, need

not be a resident of such village, but must be a resident of New York

state, provided that such person resides in the county of Monroe or in a

county which adjoins the county of Monroe.

* NB There are 2 sb 17's

* 17. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Deposit, Broome and Delaware

counties, may, by resolution, provide that the village clerk-treasurer,

deputy clerk-treasurer and court clerk of the village of Deposit, Broome

and Delaware counties, need not be a resident of said village, but must

be a resident of one of the counties in which such village is located or

in an adjoining county within the state of New York.

* NB There are 2 sb 17's

18. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Wellsville, Allegany county,

may, by resolution, provide that the office of village justice of such

village may be held by a person who is not a resident of such village,

provided that such person resides in the town of Wellsville.

19. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Sag Harbor, Suffolk county, may,

by resolution, provide that the office of village justice of such

village may be held by a person who is not a resident of such village,

provided that such person resides within either the town of East Hampton

or the town of Southampton within Suffolk county.

20. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Haverstraw, Rockland county, may

by resolution, provide that the office of assessor of such village may

be held by a person who is not a resident of such village, provided that

such person resides in the counties of Rockland, Westchester, Orange, or

Putnam.

21. Notwithstanding the provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of West Hampton Dunes, Suffolk

county, may, by resolution, provide that a constable of the incorporated

village of West Hampton Dunes, Suffolk county, need not be a resident of

such village, but must be a resident of the county of Suffolk, state of

New York.

* 22. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the village of Macedon, Wayne county, may, by resolution,

provide that the clerk/treasurer of the village of Macedon, Wayne

county, need not be a resident of such village, but must be a resident

of New York state.

* NB There are 2 sb 22's

* 22. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Penn Yan, county of Yates, may,

by resolution, provide that the office of village clerk-treasurer of

such village may be held by a person who is not a resident of such

village, provided that such person resides in the county of Yates or in

an adjoining county within the state of New York.

* NB There are 2 sb 22's

23. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the village of Macedon, Wayne county, may, by resolution,

provide that the deputy clerk/treasurer of the village of Macedon, Wayne

county, need not be a resident of such village, but must be a resident

of New York state.

24. Notwithstanding the provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Victory, Saratoga county, may,

by resolution, provide that the village clerk-treasurer of the village

of Victory, Saratoga county, need not be a resident of such village, but

must be a resident of the county of Saratoga, state of New York, or of a

county which adjoins the county of Saratoga.

25. Notwithstanding the provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Victory, Saratoga county, may,

by resolution, provide that the deputy clerk-treasurer of the village of

Victory, Saratoga county, need not be a resident of such village, but

must be a resident of the county of Saratoga, state of New York, or of a

county which adjoins the county of Saratoga.

26. Notwithstanding the provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Aurora, Cayuga county, may, by

resolution, provide that the code enforcement officer of the village of

Aurora, Cayuga county, need not be a resident of such village, but must

be a resident of the county of Cayuga, state of New York, or of a county

which adjoins the county of Cayuga.

* 27. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Fair Haven, Cayuga county, may,

by resolution, provide that the office of village clerk-treasurer or

deputy clerk of such village may be held by a person who is not a

resident of such village, provided that such person resides in the

county of Cayuga or in an adjoining county within the state of New York.

* NB There are 2 sb 27's

* 27. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Mannsville, Jefferson county,

may, by resolution, provide that the village clerk of the village of

Mannsville, Jefferson county, need not be a resident of said village,

but must be a resident of the county in which such village is located or

an adjoining county within the state of New York.

* NB There are 2 sb 27's

* 28. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Spring Valley, Rockland county,

may, by resolution, provide that the office of village justice of such

village may be held by a person who is not a resident of such village,

provided that such person resides within either the town of Ramapo or

the town of Clarkstown within Rockland county.

* NB There are 3 sb 28's

* 28. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Mount Morris, Livingston county,

may, by resolution, provide that the office of court clerk and deputy

clerk/treasurer of such village need not be a resident of such village,

provided that such person resides in the county of Livingston or in an

adjoining county within the state of New York.

* NB There are 3 sb 28's

* 28. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of St. Johnsville, Montgomery

county, may, by resolution, provide that the village clerk/treasurer and

code enforcement officer of the village of St. Johnsville, Montgomery

county, need not be a resident of said village, but must be a resident

of the county in which such village is located or an adjoining county

within the state of New York.

* NB There are 3 sb 28's

29. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Airmont, Rockland county, may,

by resolution, provide that the office of building inspector, fire

inspector and code enforcement officers of such village may be held by a

person who is not a resident of such village, provided that such person

resides within Rockland county or an adjoining county within the state

of New York.

30. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Riverside, Steuben county, may,

by resolution, provide that the village clerk/treasurer and code

enforcement officer of the village of Riverside, Steuben county, need

not be a resident of such village, but must be a resident of the county

in which such village is located or an adjoining county within the state

of New York.

* 31. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Buchanan, Westchester county,

may, by resolution, provide that the office of building inspector, fire

inspector and code enforcement officers of such village, may be held by

a person who is not a resident of such village, provided that such

person resides within Westchester county or an adjoining county within

the state of New York.

* NB There are 2 sb 31's

* 31. Notwithstanding any provisions of this chapter or any other

chapter, general law, local law, ordinance, or special act, the village

board of trustees of the incorporated village of Northville, Fulton

county, may, by resolution, provide that the office of treasurer,

village clerk, and code enforcement officer of such village may be held

by a person who is not a resident of such village, provided that such

person resides within Fulton county or an adjoining county within the

state of New York.

* NB There are 2 sb 31's

* 32. Notwithstanding any provisions of this chapter or any other

chapter, general law, local law, ordinance, or special act, the village

board of trustees of the village of Scarsdale, Westchester county, may,

by resolution, provide that the office of court clerk, building

inspector, assistant building inspector, village clerk, assistant

village clerk, village treasurer, assistant village treasurer, assessor,

village engineer, or village planner of such village may be held by a

person who is not a resident of such village, provided that such person

resides within Westchester county or an adjoining county within the

state of New York, except that the village treasurer may also reside

within Dutchess county.

* NB There are 3 sb 32's

* 32. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Voorheesville, Albany county,

may, by resolution, provide that the office of clerk, treasurer,

clerk-treasurer, deputy clerk, deputy clerk treasurer, and building

inspector of the village of Voorheesville, Albany county, need not be a

resident of such village, but must be a resident of the county in which

such village is located or an adjoining county within the state of New

York.

* NB There are 3 sb 32's

* 32. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Chestnut Ridge, Rockland county,

may, by resolution, provide that the village justice of the village of

Chestnut Ridge, Rockland county, may be held by a person who is not a

resident of such village, provided that such person resides within

Rockland county.

* NB There are 3 sb 32's

* 33. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Maybrook, Orange county, may, by

resolution, provide that the office of village justice of such village

may be held by a person who is not a resident of such village, provided

that such person resides within either the town of Montgomery or the

town of Hamptonburgh within Orange county.

* NB There are 4 sb 33's

* 33. Notwithstanding any provisions of this chapter or other general

law, local law, ordinance, or special act, the village board of trustees

of the incorporated village of Laurel Hollow, in the county of Nassau,

may, by resolution, provide that the office of village justice and/or

associate justice of such village may be held by a person who is not a

resident of such village, provided that such person resides within the

county of Nassau or the town of Huntington, in the county of Suffolk.

* NB There are 4 sb 33's

* 33. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Cold Spring, county of Putnam,

may, by resolution, provide that the village clerk/treasurer and the

deputy clerk of the village of Cold Spring, Putnam county, need not be

residents of such village, but shall be residents in the county in which

such village is located or an adjoining county within the state of New

York. Provided, however, the person performing the functions of village

clerk/treasurer in any other village shall be a resident of such

village, unless otherwise provided by an act of the state legislature.

* NB There are 4 sb 33's

* 33. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Otisville, Orange county, may,

by resolution, provide that the village clerk/treasurer and deputy

village clerk/treasurer of the village of Otisville, Orange county, need

not be residents of such village, but must be residents in the county in

which such village is located or an adjoining county within the state of

New York. Provided, however, the person performing the functions of

village clerk/treasurer and deputy village clerk/treasurer in any other

village shall be a resident of such village, unless otherwise provided

by an act of the state legislature.

* NB There are 4 sb 33's

34. Notwithstanding any provisions of this chapter or other general

law, local law, ordinance, or special act, the village board of trustees

of the incorporated village of Cayuga Heights, in the county of

Tompkins, may, by resolution, provide that the office of village justice

and/or associate justice of such village may be held by a person who is

not a resident of such village, provided that such person resides within

the county of Tompkins.

35. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance, or special act, the village board of

trustees of the incorporated village of Portville, Cattaraugus county,

may, by resolution, provide that the village clerk/treasurer of the

village of Portville, Cattaraugus county, need not be residents of such

village, but must be residents in the county in which such village is

located or an adjoining county within the state of New York. Provided,

however, the person performing the functions of village clerk/treasurer

in any other village shall be a resident of such village, unless

otherwise provided by an act of the state legislature.

* 36. Notwithstanding any provisions of this chapter or any other

chapter, general law, local law, ordinance, or special act, the village

board of trustees of the village of Croton-on-Hudson, Westchester

county, may, by resolution, provide that the office of assistant village

engineer of such village may be held by a person who is not a resident

of such village, provided that such person resides within Westchester

county, an adjoining county within the state of New York, or within

Dutchess county.

* NB There are 2 sb 36's

* 36. Notwithstanding any provisions of this chapter or any other

general law, local law, ordinance or special act, the village board of

trustees of the incorporated village of Baxter Estates, Nassau county,

may, by resolution, provide that the office of village clerk-treasurer

or deputy clerk of such village may be held by a person who is not a

resident of such village, provided that such person resides in the

county of Nassau or in an adjoining county within the state of New York.

* NB There are 2 sb 36's

Village officers. 1. Every village shall have the following

officers:

a. a mayor;

b. four trustees, except that the board of trustees of a village may

change the number of trustees as authorized by section 3-304 of this

article;

c. a treasurer;

d. a clerk.

2. Any village may have the following officers:

a. except as provided in section 3-303 of this article, no more than

two village justices, but in the event a village has one justice, it

shall also have an associate justice who shall serve when requested by

the village justice or in the absence or inability of the village

justice to serve. The office of village justice is continued in every

village in which it is now established. The board of trustees of any

other village may establish such office by resolution or local law,

subject to a permissive referendum. The board of trustees of any village

by resolution or local law, subject to permissive referendum, may

abolish such office, but to take effect only upon the expiration of the

then current term of such office, or establish the office of additional

village justices, which justice once elected shall have all the powers

and duties of a village justice. The resolution or local law in the

latter case shall provide for a term pursuant to section 3-302 of this

article. The clerk of the court of a village shall be discharged from

employment only upon the advice and consent of the village justice or

justices when the clerk, in his or her village duties, works solely for

the village justice or justices.

b. assessor or assessors, provided, however, that the board of

trustees by resolution or local law may consolidate the offices of

clerk, treasurer, and assessor or any two of such offices. The board of

trustees may also determine, by local law or resolution, that such board

of trustees shall act as the board of assessors or may appoint such

board from their members. Notwithstanding the foregoing provisions of

this paragraph, a village which has enacted a local law as provided in

subdivision three of section fourteen hundred two of the real property

tax law shall not have an assessor or assessors in any year in which

such local law is in effect.

c. such other officers, including deputies, as the board of trustees

shall determine, provided, however, that the board of trustees by

resolution or local law may consolidate the offices of deputy clerk, and

deputy treasurer.

3. The mayor, trustees and village justices shall be elective

officers. All other officers shall be appointed by the mayor, subject

to the approval of the board of trustees.

4. The mayor and the trustees of a village shall constitute the board

of trustees thereof.

5. A person who has been convicted of a felony pursuant to the laws of

this state or who has been convicted in federal court or in another

state for a crime or offense that would constitute a felony under the

laws of this state shall be permanently ineligible to be a candidate for

village justice or to be appointed or continue to hold such office.

Official year, terms of office, extension or reduction of

terms, biennial elections. 1. An official year begins at noon on the

first Monday in the month following the date of the general village

election or the date such an election would have been held had elections

been held annually.

2. The term of office of each elective village officer shall commence

at the start of the official year following his election; the term of

office of each officer appointed at the annual meeting of the board of

trustees shall commence at the start of the official year in which he is

appointed; and the term of office of each officer appointed at any other

time shall commence at the time of his appointment.

3. Except as is otherwise provided herein or in this chapter, the term

of office of mayor, each trustee, treasurer and clerk shall be two

official years and the term of office of village justice shall be four

official years.

If the board of trustees of any village establishes a second office of

village justice pursuant to section 3-301 of this article or a third

office of the village justice pursuant to section 3-303 of this article

the resolution or local law therefor may provide for a single term of

one, two or three years for such second or third village justice who

shall serve a single term of one, two or three years, as provided in

such resolution or local law, commencing on the first day of the

official year following his election in order to provide that village

justices shall thereafter be elected every two years. The successor of

such justice shall thereafter be elected for a full four year term.

3-a. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Spring Valley, instead of providing for the election of the successor of

the village justice in the village of Spring Valley whose term expires

at noon on the second day of April, nineteen hundred seventy-nine, may,

by resolution of said board, provide for a single term of eight months

for the office of village justice in said village, which term shall

commence at noon on the second day of April, nineteen hundred

seventy-nine, and shall expire at noon on the third day of December,

nineteen hundred seventy-nine. In such case, the mayor shall appoint a

village justice for such term, subject to approval of the board of

trustees. The successor of such justice shall thereafter be elected for

a full four year term.

3-b. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Scotia, instead of providing for the election of the successor of the

village justice in the village of Scotia whose term expires at noon on

the fifth day of April, nineteen hundred eighty-two, may, by resolution

of said board, provide for a single term of eight months for the office

of village justice in said village, which term shall commence at noon on

the fifth day of April, nineteen hundred eighty-two, and shall expire at

noon on the sixth day of December, nineteen hundred eighty-two. In such

case, the mayor shall appoint a village justice for such term, subject

to approval of the board of trustees. The successor of such justice

shall thereafter be elected for a full four year term.

3-c. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Gouverneur may appoint a village justice to serve from the date of such

appointment to December seventh, nineteen hundred eighty-seven. A

successor to such justice shall be elected at the general election to be

held in November of nineteen hundred eighty-seven, to hold office for a

term of four years to commence on December seventh, nineteen hundred

eighty-seven and to end on December second, nineteen hundred ninety-one.

Thereafter, the election of the village justice in the village of

Gouverneur shall be held at the general election to be held in November

of the year in which the term of office of such village justice shall

expire.

3-d. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Potsdam may appoint a village justice to serve from the date of such

appointment to December fifth, nineteen hundred eighty-eight. A

successor to such justice shall be elected at the general election to be

held in November of nineteen hundred eighty-eight, to hold office for a

term of four years to commence on December fifth, nineteen hundred

eighty-eight and to end on December seventh, nineteen hundred

ninety-two. Thereafter, the election of the village justice in the

village of Potsdam shall be held at the general election to be held in

November of the year in which the term of office of such village justice

shall expire.

3-e. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of East

Hills, Nassau county, may, by resolution of said board, provide for the

appointment to the office of village justice in said village, which term

shall commence at noon on the third day of April, nineteen hundred

eighty-nine, and shall expire at noon on the first Monday in April,

nineteen hundred ninety-one. In such case, the mayor shall appoint a

village justice for such term, subject to approval of the board of

trustees. Thereafter, the election of the village justice in the village

of East Hills, Nassau county, shall be held at the general election to

be held in March, nineteen hundred ninety-one and continuing thereafter,

the successor of such justice shall be elected for a four year term of

office.

3-f. a. Notwithstanding the provisions of this chapter or any special

or local law to the contrary, the board of trustees of the village of

Massena, St. Lawrence county, may, by resolution of said board, provide

for the appointment to the office of village justice in said village,

which term shall commence at noon on the third day of April, nineteen

hundred eighty-nine, and shall expire at noon on April second, nineteen

hundred ninety. In such case, the mayor shall appoint a village justice

for such term, subject to approval of the board of trustees. Thereafter,

the election of the village justice in the village of Massena, St.

Lawrence county, shall be held at the general election to be held in

March, nineteen hundred ninety, and continuing thereafter, the successor

of such justice shall be elected for a four year term of office.

b. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Massena, St. Lawrence county, may, by resolution of said board, provide

for the extension of the current term of office of the village justice

of said village to expire at noon on December fifth, nineteen hundred

ninety-four. Thereafter, the election of the village justice in the

village of Massena, St. Lawrence county, shall be held at the general

election to be held in November, nineteen hundred ninety-four, and

continuing thereafter, the successor of such justice shall be elected

for a four year term of office.

3-g. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of Mill

Neck, Nassau county, may, by resolution of said board, provide for the

election to the office of village justice in said village, which term

shall commence at noon on the first Monday of July, nineteen hundred

ninety-four, and shall expire at noon on the first Monday in July,

nineteen hundred ninety-seven. In such case, the election of the village

justice of the village of Mill Neck, Nassau county, for such term, shall

be held at the general election to be held on the third Tuesday of June,

nineteen hundred ninety-four. Thereafter, the election of the village

justice in the village of Mill Neck, Nassau county, shall be held at the

general election to be held on the third Tuesday of June, nineteen

hundred ninety-seven and continuing thereafter, the successor of such

justice shall be elected for a four year term of office.

3-h. Notwithstanding any provisions of this chapter or any other

general law, ordinance or special act, the village board of trustees of

the incorporated village of Greenport in the county of Suffolk may, by

resolution or local law subject to mandatory referendum, abolish the

office of village justice.

3-i. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Canastota, Madison county, may, by resolution of said board, provide for

the election to the office of village justice of said village, which

term shall commence at noon on the first Monday of April, two thousand

nine, and shall expire at noon on the first Monday in April, two

thousand ten. Thereafter, the election of the village justice in the

village of Canastota, Madison county, shall be held at the general

election to be held on the third Tuesday of March, two thousand ten and

continuing thereafter, the successor of such justice shall be elected

for a four year term of office.

4. The terms of office of any other village officer for whom no other

term of office is provided in this chapter shall be one official year or

the remaining portion thereof; provided, however, that any officer

permanently appointed to an office classified in the competitive class

of the civil service shall hold such office for an indeterminate term

subject to the provisions of the civil service law.

5. Four year terms for mayor and trustees. a. The board of trustees,

by resolution or local law subject to permissive referendum, may extend

to four years the term of office of mayor, the terms of office for all

trustees, or the terms of office of mayor and all trustees. If such

resolution or local law shall become effective, the offices, the term or

terms of which have been extended, shall thereafter, except as is

otherwise provided in subdivision seven of this section, be filled for

terms of four years commencing at the beginning of the official year

following the next general village election at which such offices are to

be filled. No such resolution or local law, however, shall become

effective within thirty days prior to a general village election.

b. The board of trustees of any village which has adopted the four

year term of office for mayor, for all trustees, or for mayor and all

trustees, by resolution or local law and subject to permissive

referendum, may at any time thereafter reduce to two years the term of

office of mayor, the term of office of all trustees, or the terms of

office of mayor and all trustees. If such resolution or local law shall

become effective, the offices, the term or terms of which have been

reduced, shall thereafter, except as is otherwise provided in

subdivision seven of this section, be filled for terms of two years

commencing at the beginning of the official year following the next

general village election at which such offices are to be filled. No such

resolution or local law, however, shall become effective within thirty

days prior to a general village election.

6. Four year terms for treasurer and clerk. a. The board of trustees

of any village in which a resolution or local law has been adopted

pursuant to the provisions of this section extending the term of office

of the mayor and trustees to four years, by resolution or local law and

subject to permissive referendum, may extend to four years the term or

terms of office of the treasurer or clerk or both, except that the first

term shall be of the required number of years so that it shall expire at

the end of the term of office of the mayor then in office. If such

resolution or local law shall become effective, the offices, the term or

terms of which have been extended, shall thereafter be filled for terms

of four years, commencing at the expiration of the term of office of the

treasurer or clerk or both in office at the time the resolution or local

law is adopted.

b. The board of trustees of any village which has adopted the four

year term of office for treasurer or clerk or both, by resolution or

local law and subject to permissive referendum may at any time

thereafter reduce to two years the terms of office of the treasurer or

clerk or both except that the first term shall be of the required number

of years so that it shall expire at the end of the term of office of the

mayor then in office. If such resolution or local law shall become

effective, the offices, the term or terms of which have been reduced,

shall thereafter be filled for terms of two years, commencing at the

expiration of the term of office of the treasurer or clerk or both in

office at the time the resolution is adopted.

7. Biennial elections. a. The board of trustees of any village which

has provided that the terms of office of all trustees, or the terms of

office of mayor and all trustees shall be four years, may, subject to

permissive referendum, adopt a separate resolution or local law

providing that general village elections shall be held biennially in the

odd numbered years or in the even numbered years, as they shall

determine, or may include in any resolution or local law providing that

the terms of office of all trustees, or the terms of office of mayor and

all trustees shall be four years, a provision that general village

elections shall be held biennially in the odd numbered years or in the

even numbered years. No such resolution or local law, however, shall

become effective within thirty days prior to a general village election.

b. If such resolution or local law shall become effective between a

general village election in an even numbered year and thirty days prior

to a general village election in the next odd numbered year and shall

provide that general village elections shall be held in the even

numbered years, the successor to a police justice, mayor or trustee

whose term of office expires in an odd numbered year shall, at the

general village election preceding the expiration of such term of

office, be elected for a single three year term and their successors

shall thereafter be elected for terms of four years.

c. If such resolution or local law shall become effective between a

general village election in an even numbered year and thirty days prior

to a general village election in the next odd numbered year and shall

provide that general village elections shall be held in the odd numbered

years, the successor to a police justice, mayor or trustee whose term of

office expires in an even numbered year shall, at the general village

election preceding the expiration of such term of office, be elected for

a single five year term and their successors shall thereafter be elected

for terms of four years.

d. If such resolution or local law shall become effective between a

general village election in an odd numbered year and thirty days prior

to a general village election in the next even numbered year and shall

provide that general village elections shall be held in the odd numbered

year, the successor to a police justice, mayor or trustee whose term of

office expires in an even numbered year shall, at the general village

election preceding the expiration of such term of office, be elected for

a single three year term and their successors shall thereafter be

elected for terms of four years.

e. If such resolution or local law shall become effective between a

general village election in an odd numbered year and thirty days prior

to a general village election in the next even numbered year and shall

provide that general village elections shall be held in the even

numbered years, the successor to a police justice, mayor or trustee

whose term of office expires in an odd numbered year shall, at the

general village election preceding the expiration of such term of

office, be elected for a single five year term and their successors

shall thereafter be elected for terms of four years.

f. The board of trustees of any village which has provided that

general village elections shall be held biennially and shall

subsequently provide by resolution or local law adopted pursuant to

subdivision five of this section that the terms of office of all

trustees, or the terms of office of mayor and all trustees shall be two

years, shall also provide in said resolution or local law that general

village elections shall be held annually and shall further provide

therein that if the general village elections under the biennial

elections had been held in the odd numbered years, all trustees, or the

mayor and all trustees to be elected in the first odd numbered year

after the adoption of the resolution or local law shall be elected for a

single three year term and their successors shall thereafter be elected

for a term of two years and that all trustees, or the mayor and all

trustees to be elected in the second odd numbered year after the

adoption of the resolution or local law shall be elected for a two year

term and their successors shall also be elected for a term of two years.

g. The board of trustees of any village which has provided that

general village elections shall be held biennially and shall

subsequently provide by resolution or local law adopted pursuant to

subdivision five of this section that the terms of office of all

trustees, or the terms of office of mayor and all trustees shall be two

years shall provide in said resolution or local law that general village

elections shall be held annually and shall further provide therein that

if the general village elections under the biennial elections had been

held in the even numbered years, all trustees, or the mayor and all

trustees to be elected in the first even numbered year after adoption of

the resolution or local law shall be elected for a single three year

term and their successors shall thereafter be elected for a term of two

years and that all trustees, or the mayor and all trustees to be elected

in the second even numbered year after the adoption of the resolution or

local law shall be elected for a two year term and their successors

shall also be elected for a term of two years.

Additional village justices in certain villages. At least one

hundred fifty days prior to any village general election and subject to

a permissive referendum, as provided by article nine of this title, the

board of trustees of the following villages may adopt a resolution

determining that such village shall have three village justices with the

third village justice to be elected by the electors at the next village

general election to begin serving a term of office beginning at the

start of the official year next succeeding such village general

election:

The village of Spring Valley in Rockland county.

Changing number of trustees. The board of trustees by

resolution or local law, subject to permissive referendum, may change

the number of trustees. Such action shall be in accordance with the

following:

a. If the number of trustees be increased, the additional trustees

shall be elected at the next general village election when trustees are

regularly scheduled to be elected. At that election half of the

additional trustees shall be elected for a single term equal to half of

the full term for which said office is regularly scheduled to be filled

and the other half for a full such term. At all subsequent general

village elections such offices shall be filled for full terms.

b. If the number of trustees be reduced, no trustees shall be elected,

other than to fill an unexpired term, until by expiration of terms of

office the number of trustees in office shall equal that prescribed by

such resolution. Thereafter at the next general village election

one-half of such prescribed number of trustees shall be elected for a

single term equal to half of the full term for which said office is

regularly scheduled to be filled and the other half of such trustees

shall be elected for a full term. At all subsequent general village

elections such offices shall be filled for full terms.

Official undertakings. The board of trustees on behalf of the

village or the board in control of a village owned utility plant shall

post an official undertaking in such sum and form, and with such

sureties as the board of trustees or the board in control of the village

owned utility plant shall direct and approve for the treasurer, clerk,

village justice, acting village justice, and such other officers and

employees as may be required by the board of trustees, or by the board

in control of a village owned utility plant. The board of trustees may

by resolution determine that such undertaking shall be executed by a

surety company authorized to transact business in this state and that

the expense thereof shall be a charge upon the village. The board in

control of a village owned utility plant may by resolution determine

that such undertaking shall be executed by a surety company authorized

to transact business in this state and that the expense thereof shall be

paid from the proceeds of the operation of such utility plant.

Separate boards of commissioners. 1. The board of trustees may

establish or abolish a board or boards of fire, ambulance, water, light,

sewer, park or cemetery commissioners or a single municipal board having

the powers, duties and responsibilities of two or more such separate

boards.

2. The board of trustees may also establish or abolish a separate

board of police commissioners.

3. The board of trustees shall establish the composition, powers,

duties and responsibilities of each board of commissioners and may, from

time to time, amend same.

4. Any board established hereunder shall be composed of not less than

three members, who shall perform their duties subject to the approval of

the board of trustees.

5. The mayor, subject to the approval of the board of trustees, shall

appoint the members of any board of commissioners and the first

appointments of members thereto shall be for terms so fixed that at

least one will expire at the end of each official year commencing at the

end of the current such year and continuing in succeeding year until the

entire original appointments run out. No such term shall exceed five

years.

6. Commencing with the first annual meeting following the

establishment of any such board, and continuing annually thereafter,

successors to former appointees, the term of whose offices have then

expired, shall be appointed for a full term. The length of such term

shall be determined by the board of trustees but in no event shall

exceed five years.

7. A person who has been convicted of arson in any degree shall not be

eligible for appointment to any board of fire commissioners. Any fire

commissioner who is convicted of arson in any degree during his term of

office shall be disqualified from completing such term of office.

8. The board of trustees may also abolish any such board or boards

established under any prior provision of law. If not so abolished such

board or boards shall continue and the commissioners thereof shall

continue in office during their respective terms.

9. Any action of the board of trustees hereunder establishing,

relating to or abolishing any such board or fixing the terms of office

of the members thereof shall be by resolution or local law adopted at a

regular meeting by a majority vote of the entire board. No such action

shall be taken unless a public hearing has first been held of which at

least ten days public notice shall have been given by publication in the

official village newspaper, or, if there be none, in a newspaper of

general circulation in the village.

Abolition of separate or municipal boards. If a resolution or

local law is adopted by the board of trustees abolishing any separate

board, the abolition of such board or boards shall take effect

immediately. The clerk of the village shall forthwith notify the

members of such board or boards in writing and they shall within ten

days deliver to the clerk of the village its records, books and papers;

and shall also within the same time deliver to the treasurer all funds,

and to the mayor all other property in its possession or under its

control.

Filling of offices and vacancies by election or appointment.

1. Elective offices shall be filled at the general village election

next preceding the expiration of the terms thereof.

2. Appointive offices shall be filled at the annual meeting

immediately following the expiration of the terms thereof or, in the

case of newly established offices, at the time of the establishment

thereof.

3. Vacancies in offices caused other than by expiration of the terms

thereof shall be filled by the mayor, except the office of mayor which

shall be filled by the board of trustees, to the extent and for the

periods of time set forth herein:

a. In appointive offices for the balance of unexpired terms

b. In elective offices as follows:

(1) If such vacancy occurs at least seventy-five days prior to the

third Tuesday of the month preceding the end of the current official

year, for the balance of such year.

(2) If such vacancy occurs less than seventy-five days prior to the

third Tuesday of the month preceding the end of the current official

year, for the balance of the year and, if the term of office does not

expire at the end of such year, by further appointment to the end of the

next official year.

(3) Whenever a village, pursuant to section 15-104 of the election

law, has provided that village elections shall occur on the day of the

general election such vacancy shall be filled in accordance with

subdivision one of section forty-two of the public officers law.

4. Elective offices, which have been filled by appointment for part of

the unexpired terms thereof shall further be filled for the remaining

part of such terms by election at the general village election, if any,

regularly scheduled to be held prior to the end of the period of such

appointment. In the event no general village election is scheduled, a

special village election shall be held on the third Tuesday of the month

preceding the end of the period of such appointment. Such special

elections shall be noticed, held and conducted in the same manner as a

general village election.

5. A village trustee shall be eligible for appointment to fill a

vacancy in the office of mayor. If a trustee shall accept such

appointment, his office as trustee shall be vacant.

6. The village clerk shall, within three days after the appointment of

a village officer, notify each person so appointed of his appointment

and the date thereof, and that, in order to qualify: he is required to

file his oath of office with such clerk together with proof by affidavit

of his eligibility to hold such office before entering upon the duties

thereof; and if an official undertaking be required by or in pursuance

of law, that he is also required to file the same with such clerk and

that upon his failure to do so, he will be deemed to have declined the

office. In the case of a person appointed to fill a vacancy in the

position of village justice or acting village justice, such notice shall

further state that the filing of his oath with the county clerk of the

county and with the chief administrator of the courts is also required.

If an undertaking is required of a village officer after entering upon

the duties of his office, the clerk of the village shall thereupon serve

upon such officer, personally, a written notice that he is required to

file such undertaking with the clerk within ten days after the service

of the notice and that upon his failure to do so his office will become

vacant.

Mayor. 1. It shall be the responsibility of the mayor:

a. To preside at the meetings of the board of trustees, and may have a

vote upon all matters and questions coming before the board and he shall

vote in case of a tie, however on all matters and questions, he shall

vote only in his capacity as mayor of the village and his vote shall be

considered as one vote;

b. to provide for the enforcement of all laws, local laws, rules and

regulations and to cause all violations thereof to be prosecuted;

c. (i) to appoint all department and non-elected officers and

employees subject to the approval of the board of trustees however, the

mayor may delegate the power to appoint certain employees to other

village officers or employees;

(ii) to appoint the clerk of the court of the village, if the village

has a court, only upon the advice and consent of the village justice or

justices notwithstanding the provisions of subparagraph (i) of this

paragraph.

d. to institute, at the direction of the board of trustees, all civil

actions in the corporate name of the village;

e. to exercise supervision over the conduct of the police and other

subordinate officers of the village;

f. to intervene in any and all actions, at the direction of the board

of trustees, where deemed necessary to protect the rights of the village

and its inhabitants;

g. to serve as an ex-officio member of each separate board of

commissioners;

h. to appoint one of the trustees as deputy mayor at the annual

meeting, who, during the absence or inability of the mayor, is vested

with all the powers and may perform all the duties of the mayor;

i. to execute all contracts in the name of the village;

j. to sign orders to pay claims with the village clerk or deputy

village clerk when authorized by the board of trustees when the same

individual serves as both clerk and treasurer or deputy clerk and deputy

treasurer;

k. to sign checks in the absence or inability of the treasurer or

deputy treasurer, if any, when authorized by the board of trustees by

resolution, or local law, and a certified copy of such resolution or

local law shall be notice to the depository of such authorization;

l. to cause all claims to be thoroughly investigated and for such

purpose he shall have the power to issue subpoenas to compel the

attendance of the claimant or any other person or persons to appear, to

be sworn or affirmed and to testify before him or the village clerk or

the village counsel relative to such claim, and when so sworn or

affirmed to answer as to any facts relative to the justness of such

claim. The result of such examination shall be reported to the board of

trustees. Subpoenas issued pursuant to this section may be served at any

place within the state of New York in the same manner in which subpoenas

issued out of the supreme court are served. This subsection shall not be

applicable to claims which are included within the provisions of section

fifty-h of the general municipal law.

m. to issue all licenses and for such purpose shall be the "licensing

officer" unless he designates another village officer which designation

shall be filed with the village clerk.

2. If the mayor and deputy mayor are both absent or unable to perform

the duties of the office, the trustees shall appoint one of their number

to act as deputy mayor during the absence or inability of the mayor and

deputy mayor appointed by him.

Clerk. The clerk of each village shall, subject to the

direction and control of the mayor:

a. have custody of the corporate seal, books, records, and papers of

the village and all the official reports and communications of the board

of trustees;

b. act as clerk of the board of trustees and of each board of village

officers and shall keep a record of their proceedings;

c. keep a record of all village resolutions and local laws;

d. prepare, sign and transmit to the village treasurer an order

directing the village treasurer to pay the claims therein specified,

which order shall contain an abstract of all claims audited and ordered

paid by the board of trustees or other board having power to audit,

showing the names of the claimants, the amounts approved for payment and

the appropriations chargeable therewith. In any village in which the

same individual serves as both clerk and treasurer or as deputy clerk

and deputy treasurer, such order shall be signed by the mayor. A

duplicate of such order shall be filed in the office of the village

clerk. Except as otherwise provided in section fourteen hundred

thirty-eight of the real property tax law, all monies belonging to the

village received by such clerk in any month shall be paid to the village

treasurer on or before the tenth day of the next succeeding month;

e. shall, during office hours as prescribed by the board of trustees,

on demand of any person, produce for inspection the books, records and

papers of his office, and shall furnish a copy of any portion thereof,

certified in the proper form to be read in evidence, upon payment of his

fees therefor, at the rate of twenty cents per folio;

f. shall collect taxes and assessments of the village as provided in

this act if the board of trustees shall, by resolution, determine that

the taxes and assessments of the village be collected by the clerk;

g. shall keep an indexed record of all written notices which he shall

receive of the existence of a defective, unsafe, dangerous or obstructed

condition in or upon, or of an accumulation of ice or snow upon, any

village street, highway, bridge, culvert, sidewalk or crosswalk, which

record shall state the date of receipt of the notice, the nature and

location of the condition stated to exist, and the name and address of

the person from whom the notice is received. All such written notices

shall be indexed according to the location of the alleged defective,

unsafe, dangerous or obstructed condition, or the location of

accumulated snow or ice. He shall at the board meeting next following

receipt of such written notice by him, or within ten days, whichever is

sooner, cause said written notice to be brought to the attention of the

board of trustees. The record of each notice shall be preserved for a

period of five years after the date it is received;

h. may administer the oath of office to all village officers;

i. shall also perform such other duties not inconsistent with his

office as shall be determined by resolution of the board of trustees.

Taking of affidavits by village officers. The village clerk or

any member of the board of trustees may administer oaths and take

affidavits upon any claim or account against the village. The village

clerk may also administer oaths and take affidavits upon matters in

connection with village business.

Permits; franchises; filing; duty of clerk. Duplicate

originals of every resolution, certificate or other instrument whereby a

village, or any board or officer thereof, grants a franchise, including

a privilege or consent of any kind, to a public service corporation

shall be executed and deposited with the village clerk; and such

franchise shall not be operative for any purposes until so executed and

deposited. The village clerk, upon receiving the same, shall file one

such duplicate in his office with the records and papers of the village

and shall immediately cause the other to be filed in the office of the

clerk of the county in which the village is situated.

Treasurer. The treasurer of each village shall be the chief

fiscal officer of the village and it shall be his responsibility to:

a. have custody of all moneys belonging to the village, and keep

accounts of all receipts and expenditures in conformance with a uniform

system of accounts formulated and prescribed by the state comptroller

pursuant to section thirty-six of the general municipal law.

b. deposit, within ten days after receipt thereof, in the name of the

village, in a bank or trust company designated by the board of trustees,

all monies received by him;

c. he may sign checks with the facsimile signature of the treasurer,

as reproduced by a machine or device commonly known as a checksigner,

when authorized by resolution or local law of the board of trustees;

d. pay out monies in the village treasury only as authorized by

sections 5-524 and 5-526 of this chapter, unless in pursuance of a

judgment or order of a court. All such payments, except as authorized by

section 5-526 shall be by check;

e. file in the office of the village clerk, within sixty days after

the end of the fiscal year, a statement showing in detail all revenues

and expenditures during the previous fiscal year and the outstanding

indebtedness of the village as of the end of the fiscal year, except

that the village treasurer, if authorized by the board of trustees, may,

within the time period prescribed in section thirty of the general

municipal law, submit to the village clerk a copy of the annual report

required by section thirty of the general municipal law, provided,

however, that if the time for the filing of the annual report has been

extended by the state comptroller as provided in the said statute, then

the time for submitting a copy of the report to the village clerk

similarly shall be extended. The board of trustees shall, within ten

days, cause to be published in the official newspaper either a notice

that the annual financial statement has been filed and is available for

inspection or a summary of such statement in a form approved by the

state comptroller, with an endorsement thereon that details thereof are

on file in the office of the village clerk. The board of trustees shall

audit, or cause to be audited by an officer or employee of the village

or by a certified public accountant or a public accountant engaged for

that purpose, such report and supporting records;

f. shall also perform such other duties not inconsistent with his

office as shall be determined by resolution or local law of the board of

trustees.

Village justices; accounts, fees, and fines. 1. The village

justice:

a. shall not receive for his own benefit any fees, costs or expenses

in any action or proceeding, but shall demand and receive the same fees,

costs and expenses therein as are provided by law to be paid to a town

justice in any civil matter and shall keep account thereof and of fines

collected by him;

b. shall pay all such costs, fees and expenses and all fines or other

money so paid to him on any proceeding during any calendar month to the

state comptroller within the first ten days of the month following

collection. Such money, except as otherwise provided by law, shall be

the property of the village of which such justice is an officer;

c. shall report the fact that he has not received any costs, fees,

expenses and fines during any month to the state comptroller within the

first ten days of the succeeding month. Upon receipt of notice from the

state comptroller that a justice has not properly reported or properly

accounted for monies received by such justice, it shall be unlawful for

the village to make any further payment of compensation to such justice

until receipt of notice from the comptroller that a proper accounting

has been made;

d. shall not receive or disburse any monies unless he shall furnish or

receive a proper receipt therefor, or make a memorandum or record of

such transaction, in such form and detail as the state comptroller shall

prescribe.

2. All the expenses of maintaining the village court, including the

fees of the village justice if he is not paid a salary, shall be a

village charge. The fees allowable to villages for the services of

magistrates and the fees allowable to other officers for services in

criminal proceedings, for or on account of an offense which a court of

special sessions has not jurisdiction to try, shall be a county charge,

if the magistrate had jurisdiction of the proceedings in which the

services were rendered. A county shall pay any amount due to a village

for the services of a village justice which are a county charge upon

presentation to it of a claim by the state comptroller for such charges

each quarter. If any fine legally payable to the state, shall have been

erroneously paid to the village treasurer, the board of trustees may,

and is hereby authorized to, appropriate in its next annual budget such

sum as may be necessary to reimburse the state for such fine so paid.

Disposition of fines and penalties. Except as otherwise

provided by law, all fines and penalties imposed for the violation of a

village local law, ordinance or regulation shall be the property of the

village, whether or not the village has established the office of

village justice. Nothing in this section shall be deemed to affect the

disposition of mandatory surcharges, sex offender registration fees, DNA

databank fees or crime victim assistance fees as provided by section

60.35 of the penal law, or of mandatory surcharges as provided by

section eighteen hundred nine of the vehicle and traffic law, or of

fines, penalties and forfeitures as provided by section eighteen hundred

three of the vehicle and traffic law relating to traffic offenses.

The board of trustees. 1. General powers of the board of

trustees. a. In addition to any other powers conferred upon villages,

the board of trustees of a village shall have management of village

property and finances, may take all measures and do all acts, by local

law, not inconsistent with the provisions of the constitution, and not

inconsistent with a general law except as authorized by the municipal

home rule law, which shall be deemed expedient or desirable for the good

government of the village, its management and business, the protection

of its property, the safety, health, comfort, and general welfare of its

inhabitants, the protection of their property, the preservation of peace

and good order, the suppression of vice, the benefit of trade, and the

preservation and protection of public works. The board of trustees may

create or abolish by resolution offices, boards, agencies and

commissions and delegate to said offices, boards, agencies and

commissions so much of its powers, duties and functions as it shall deem

necessary for effectuating or administering the board of trustees duties

and functions.

b. Whenever the constitutionality of any local law, ordinance, rule or

regulation of a village is brought into issue upon a trial or hearing of

any civil cause of action or proceeding in any court, and the village is

not a party to such action or proceeding, notice shall be served upon

the village in accordance with section one thousand twelve of the civil

practice law and rules.

2. Procedure for meetings. The mayor of the village shall preside at

the meetings of the board of trustees as provided in section 4-400 of

this article. A majority of the board shall constitute a quorum for the

transaction of business, but a less number may adjourn and compel the

attendance of absent members. Whenever required by a member of the

board, the vote upon any question shall be taken by ayes and noes, and

the names of the members present and their votes shall be entered in the

minutes. The board may determine the rules of its procedure, and may

compel the attendance of absent members by the entry of a resolution in

the minutes, directing any peace officer, acting pursuant to his special

duties, or police officer residing within the village to arrest such

absent member and take him before the board of trustees to answer for

his neglect. A copy of the resolution, certified by the clerk of the

village, shall be sufficient authority to such officer residing in the

village to arrest such absent member and bring him before the board.

3. In addition the board of trustees:

(1) Drains. May, for the purpose of arresting and preventing damage to

property within the village resulting from floods or erosion, construct

drains, culverts, dams and bulkheads, and dredge channels, and regulate

water courses, ponds and watering places within or without the village.

Power and authority is hereby conferred upon the board of trustees of a

village, in the name of the village, to acquire property necessary for

such public improvements, whether located within or without such

village, by purchase or by condemnation in the manner provided by the

condemnation law. No property shall be acquired or such a public

improvement constructed without the corporate limits of a village except

with the consent of the governing board or body of the city, town or

village in which such property is situated or such public improvement is

proposed to be constructed. Such consent may only be given after a

public hearing held within such city, town or village pursuant to notice

published at least once and at least ten days prior to the hearing in a

newspaper having general circulation in the municipality in which the

hearing is to be held. Consent given by the governing board or body by

any such municipality shall not impose a liability against the city,

town or village and the maintenance and repair of any such improvement

shall remain the responsibility of the village making the improvement.

The cost of the work, including the acquisition of property, shall be a

charge against the village, except that in respect of improvements

wholly within the village, or that part thereof located therein, the

work may be done wholly at the expense of the village or of the owners

of the property benefited, or partly at the expense of each as a local

improvement. The term "property" as used in this section is defined to

include lands, structures, rights in lands, including lands under water,

riparian rights and any and all other things and rights usually included

within the said town, and shall include also easements, rights of way,

uses, leases, licenses and any and all interests in such property less

than full title.

(2) Banks of deposit. Shall designate in the manner provided by

section ten of the general municipal law the depositaries for the

deposit of all moneys received by the treasurer, clerk, receiver, and

town receiver who is designated and appointed as village receiver; and

may require a report by the cashier thereof to each regular meeting of

the board of the amount on deposit to the credit of the treasurer and

such other village officers.

(3) Payment and compromise of claims. The board of trustees may pay or

compromise claims equitably payable by the village, though not

constituting obligations legally binding on it in those cases in which

there has been a payment to the village through error or mistake and to

which funds the village is not entitled, but the trustees shall have no

power to waive the defense of the statute of limitations or to grant

extra compensation to any public officer, servant or contractor.

(4) Waste disposal. May, whenever in its judgment, the interest of the

village require it, purchase or acquire by condemnation proceedings,

lands for the establishment of a public waste disposal site or disposal

plant within or without any such village, and prohibit the use of any

other lands within the village for such purpose. But no land shall be

acquired without the corporate limits of the village for such purpose

without the consent of the board of trustees, town board, common council

or other similar legislative body of the village, town or city in which

such land is situate.

(5) Sale of abandoned or lost property. May transfer to the general

fund the proceeds realized from the sale of lost or abandoned property.

(6) Franchises; competing light or water system. May grant rights and

franchises or permission to use the streets, highways, public places or

any part thereof or the space above or under them or any of them for any

specific purpose upon such terms and conditions as it may deem proper

and as may be permitted by law. No franchise shall be granted without a

public hearing notice of which shall be given by publication in the

official newspaper at least ten days before the meeting. If a village

operates a municipal lighting system or water system the granting of a

right or franchise in competition with such system shall be subject to a

permissive referendum as defined in this chapter.

(7) Acceptance of dedicated streets. Is authorized to accept the

dedication of lands in the village for a public street or streets in the

village.

(8) Public docks. Subject to the provisions of general law, may

acquire, construct, enlarge, extend or improve public docks, as a

municipal purpose, within or without the corporate limits thereof and

may acquire land therefor, provided however that one end of any such

dock shall be within the corporate limits of the village. Before any

such dock shall be acquired, constructed or extended beyond the

corporate limits of the village into a town, the consent of the town

board shall be obtained. Charges for use of the facilities of any such

dock may be imposed.

(9) Fire protection and ambulance service. a. May contract for the

furnishing of fire protection within the village with the fire

department in the village or with any city, village, fire district, or

incorporated fire company having its headquarters outside such village

and maintaining adequate and suitable apparatus and appliances for the

furnishing of fire protection in such village. The contract also may

provide for the furnishing of emergency service in case of accidents,

calamities or other emergencies in connection with which the services of

firefighters would be required, as well as in case of alarms of fire.

The contract also may provide for the furnishing of general ambulance

service subject, however, to the provisions of section two hundred

nine-b of the general municipal law. In the event that the fire

department or fire company furnishing fire protection within the village

pursuant to contract does not maintain and operate an ambulance then a

separate contract may be made for the furnishing within the village of

emergency ambulance service or general ambulance service, or both, with

any city, village or fire district the fire department of which, or with

an incorporated fire company having its headquarters outside the village

which, maintains and operates an ambulance subject, however, in the case

of general ambulance service, to the provisions of section two hundred

nine-b of the general municipal law.

a-1. (i) Except as provided in clause (ii) of this subparagraph, prior

to commencing the negotiation process for such contract with an

incorporated fire company, the incorporated fire company shall file with

the board of trustees a statement itemizing the estimated costs of the

incorporated fire company attributable to the provision of services

under the prospective contract. The estimated costs attributable to the

provision of services under the prospective contract itemized in the

statement shall include, at a minimum, those, if any, for: supplies;

materials; operation, maintenance and repair of equipment and apparatus;

insurance; training; protective clothing, gear and other personnel

costs; building rental, maintenance and operation; and a specified

proportionate share of capital costs. If the fire company is required to

prepare any of the following documents, copies shall be included with

the statement:

(A) the fire company's most recent annual report of directors pursuant

to section five hundred nineteen of the not-for-profit corporation law;

(B) the fire company's most recent verified certificate pursuant to

subdivision (f) of section fourteen hundred two of the not-for-profit

corporation law;

(C) the fire company's most recent internal revenue service form 990;

and

(D) the fire company's most recent annual report pursuant to section

thirty-a of the general municipal law.

(ii) Upon good cause shown, the board of trustees may, by resolution,

waive in whole or in part the requirement that the fire company file the

statement, and copies of documents, required by clause (i) of this

subparagraph.

b. The period for which such service may be furnished under any such

contract shall not exceed five years. The contract shall specify a

definite sum to be paid each year for such service. No such contract

shall be entered into until a public hearing has been held by the board

of trustees. Notice of such hearing shall be published at least once in

at least one newspaper having general circulation in the village. Such

notice shall specify the time when and place where said hearing will be

held, and describe in general terms the proposed contract. The first

publication thereof shall be at least ten days prior to the day

specified for such hearing.

c. By mutual consent of the contracting parties, and after a public

hearing held pursuant to notice in the manner aforesaid, any such

contract heretofore or hereafter executed may be (1) amended, (2)

terminated, or (3) terminated and a new contract may be entered into in

lieu thereof, if the board of trustees, after such hearing, shall

determine, by resolution, that it is in the public interest so to do.

Such notice shall state in general terms the reason why any existing

contract is to be amended or terminated, and if a new contract is to be

entered into the notice shall also describe the new contract in general

terms.

d. The provisions of this subdivision shall not be deemed to have

amended subdivision two of section two hundred nine-b or section two

hundred nine-d of the general municipal law, or any other general,

special or local law requiring the consent of a fire department, fire

company or an emergency rescue and first aid squad to the entering into

of a contract for services to be performed by such department, company

or squad.

e. The term "fire protection", as used in this section, includes

inspections of buildings and properties in the village or portion

thereof, required to be protected under a contract for fire protection

pursuant to the provisions of this subdivision, for the purposes

specified in and as authorized by sections eight hundred seven-a and

eight hundred seven-b of the education law, subdivision four of section

three hundred three of the multiple residence law, and section two

hundred fourteen of this chapter.

(10) Air rights and subsurface areas. May, in addition to such powers

as may be granted by any other law, lease to any person, firm or

corporation, for commercial or private use, the air rights over or the

subsurface area under any property of the village acquired or to be

acquired for street purposes, public parking garages, parking spaces or

public off-street loading facilities. Such lease may only be entered

into when such air rights or subsurface areas are not needed for village

purposes. Any such lease may be for a term not exceeding fifty years and

may be renewed for such additional term or terms as the board of

trustees may provide. Any such lease shall contain provisions requiring

the lessee to construct facilities adequate to support and maintain,

without interference, the village parking or off-street loading

facilities being conducted by the village and in such manner as to

minimize or avoid the relocation of public utility facilities and may

also contain such other provisions, conditions and restrictions,

including the responsibility of the lessee to excavate land or erect or

construct buildings, structures, substructures or superstructures at the

expense of the lessee, as the board of trustees may prescribe. Such

lease must provide that title to any buildings, structures,

substructures or superstructures erected or constructed by the lessee

shall vest in the village at the termination of the lease. Any such

buildings, structures, substructures, or superstructures, the title to

which remains in the lessee, during the term of the lease, shall be

deemed to be real property for purposes of taxation as defined in

subdivision twelve of section one hundred two of the real property tax

law.

(11) Every officer, board or agency of a village shall let all

contracts for public work and all purchase contracts to the lowest

responsible bidder after advertisement for bids where so required by

section one hundred three of the general municipal law.

(12) An officer or person who assumes to create a liability or

appropriate money or property of the village without authority of law,

or assents thereto, is personally liable for such debt, or to the

village for such money or property. Each member of a village board

present at a meeting thereof when such unlawful action is taken is

deemed to have assented thereto, unless he expressly dissents and

requests such dissent to be entered upon the minutes of the meeting. If

any person shall have heretofore appropriated or shall hereafter

appropriate money or preperty of the village, contrary to law, and the

facts in relation thereto are known to the board of trustees, and, after

this section as amended takes effect, such board fail for thirty days to

bring an action against such person to recover such money or property,

each member of the board having such knowledge shall be guilty of a

misdemeanor and liable to removal from office unless within such period

of thirty days he shall file with the village clerk a written request,

signed by him, requesting the bringing of, such action or shall cause to

be entered upon the minutes of a meeting of the board a motion made by

him for the bringing of such action, or his vote in favor of such a

motion.

(13) Loitering. May prohibit and punish loitering; provided however,

that such ordinance or law shall only prohibit loitering for a specific

illegal purpose or loitering in a specific place of restricted public

access and shall therein set forth guidelines for application of such

prohibitions by law enforcement officers so as to prevent arbitrary or

discriminatory enforcement of such prohibitions.

Assessments other than for local improvements. Whenever an

owner of property is required by general special or local law to make an

improvement, perform any work or do any act on such property in the

interest of public safety, health, comfort, and general welfare and such

owner shall fail to make the improvement or perform the work or act

required and the board of trustees shall cause such improvement, work or

act to be done on such property or a contract has been awarded therefor

by the board, the cost of such improvement, work or act may be assessed,

levied and collected as may be provided by local law.

Definitions. For the purposes of this article the following

terms shall be defined as follows: l. "Administrative unit" shall mean

an office, department, division, bureau, board, commission or other

agency or specific activity of village government.

2. "Budget officer" shall mean the mayor or, in a village which has

adopted the village manager plan, the village manager. The mayor or

village manager, as the case may be, may designate any other village

officer or employee to be budget officer, to serve at his pleasure.

3. "Character of expenditure" shall mean the classification of an

expenditure as to periods of benefit as follows: a. current expenses, b.

debt retirement or c. capital projects.

4. "Fiscal year" shall mean the period commencing on the first day of

June in one calendar year and ending on the thirty-first day of May in

the following calendar year, unless the board of trustees shall have

established a different fiscal year pursuant to the provisions of former

section one hundred seventeen of the village law as enacted by section

fourteen of chapter eight hundred nine of the laws of nineteen hundred

fifty-four or pursuant to section 5-510 of this article or section

17-1729 of article seventeen.

5. "Fund" shall mean a group of accounts set aside for the purpose of

accounting for moneys or other resources of general functions or

specific activities of water supply, capital projects or other

activities of a village in accordance with a system of accounts.

6. "System of accounts" shall mean a system prescribed by the state

comptroller. In the case of water utilities it shall also mean a system

recommended by the public service commission or a system generally

recognized as a national standard and provided either such alternate

system has been approved by the state comptroller following receipt of

an application and a certified copy of a resolution adopted by the board

of trustees of a village authorizing the maintenance of such alternate

accounting records for a water utility.

7. "Object of expenditure" shall mean the classification of an

expenditure as to types of articles purchased or services rendered.

8. "Unappropriated unreserved fund balance" shall mean the difference

between the total assets for a fund and the total liabilities, deferred

revenues, encumbered appropriations, amounts appropriated for the

ensuing fiscal year's budget, and amounts reserved for stated purposes

pursuant to law, including reserve funds established pursuant to the

general municipal law for the fund, as determined through application of

the system of accounts prescribed by the state comptroller pursuant to

section thirty-six of the general municipal law.

Submission of estimates. l. On or before the eighth day of

February in each year, or such other date as may be applicable pursuant

to section 5-510 of this article, the budget officer shall give written

notification to the head of each administrative unit that he shall

submit estimates, schedules, and statements as hereinafter provided.

Such notice shall specify the form in which such information shall be

submitted.

2. On or before the first day of March in each year, or such other

date as may be applicable pursuant to section 5-510 of this article or

section 17-1729 of article seventeen, and except as may be otherwise

provided in subdivision four of this section, the head of each

administrative unit shall submit to the budget officer an estimate of

revenues and expenditures of such administrative unit for the ensuing

fiscal year. Such estimate shall show the sources of all revenue, shall

itemize the character and object of each expenditure and shall contain

such additional information as the budget officer shall prescribe.

3. If the head of an administrative unit shall fail to submit an

estimate as herein provided, the budget officer shall forthwith prepare

an estimate for such administrative unit.

4. An estimate shall not be submitted as above provided for a

municipal electric, gas or steam utility service, but the head of such

utility service shall submit in lieu thereof a statement showing:

a. The amount required for payment of installments of principal of and

interest on indebtedness incurred for the purposes of the service to

become due and payable during the next fiscal year; and

b. The estimated operating and non-operating income and estimated

expenditures for the next fiscal year, classified in accordance with the

requirements of the public service commission, but in such detail only

as the board of trustees shall require; and

c. A proposed schedule of salaries and wages to be paid for personal

services.

5. The board of trustees of a village which owns and operates a water

utility and which maintains an alternate system of accounts approved by

the state comptroller as defined in subdivision six of section 5-500 of

this article may require that a statement shall be submitted in lieu of

an estimate as in the case of a municipal electric, gas, or steam

utility service.

Preparation and filing of tentative budget. Upon receipt of

the estimates of the head of each administrative unit, the budget

officer shall prepare a tentative budget. He may also prepare a budget

message explaining the main features of the budget and containing such

additional information as he may deem advisable. He shall furnish a copy

of the tentative budget and the budget message, if any, to each member

of the board of trustees and he shall reproduce for public distribution

as many copies as he may deem necessary. On or before the twentieth day

of March, or such other date as may be applicable pursuant to section

5-510 of this article or section 17-1729 of article seventeen, he shall

file in the office of the village clerk the tentative budget, the budget

message, if any, and the estimates, schedules and statements submitted

by the heads of the administrative units.

Form and content of tentative budget. 1. The tentative budget

shall consist of the following schedules and statements:

a. A schedule of appropriations for all expenses authorized or

required by law, other than expenses of operation of a municipal

electric, gas or steam utility service, or a water utility for which an

annual estimate is not filed pursuant to subdivision five of section

5-502 of this article, and also for all expenditures to be financed from

special assessments and proceeds of obligations authorized by the local

finance law. The appropriations shown on such schedule shall be

classified by funds, administrative units, character and object of

expenditure and shall be so arranged as to show in parallel columns the

following comparative information:

(1) Expenditures for the last completed fiscal year;

(2) Appropriations for the current fiscal year reflecting supplemental

appropriations to a date not more than forty-five days prior to the

filing of the tentative budget with the village clerk; and

(3) The budget officer's recommended appropriations for the ensuing

fiscal year. Such schedule may contain an amount recommended as

necessary to be appropriated for contingencies, which amount shall not

exceed ten per centum of the total of other appropriations excluding

debt service and judgments. A statement of the amount recommended to be

appropriated for a reserve for uncollected taxes may also be included,

which amount shall be not less than the principal amount of taxes levied

by the board of trustees for the last completed fiscal year and

remaining uncollected at the end of such year, including the amount of

such taxes sold to the village at tax sale and unredeemed at the end of

such last completed fiscal year.

b. A schedule of estimated revenues to be received by the village

during the ensuing fiscal year other than real estate taxes to be levied

as stated in paragraph e of subdivision one of this section, income from

operations of a municipal electric, gas or steam utility service or a

water utility for which an annual estimate is not filed, pursuant to

subdivision five of section 5-502 of this article, proceeds of special

assessments for capital projects and proceeds of obligations authorized

by the local finance law. The estimated revenues shown on such schedule

shall be classified by funds and itemized as to sources and shall be so

arranged as to show in parallel columns the following comparative

information:

(1) revenues for the last completed fiscal year;

(2) estimated revenues for the current fiscal year reflecting

modifications to a date not more than forty-five days prior to the

filing of the tentative budget with the village clerk; and

(3) the budget officer's estimate of revenues for the ensuing fiscal

year.

c. A schedule of fund balances estimated to be on hand at the close of

the current fiscal year, classified by funds, together with a breakdown

of such fund balance estimated for encumbrances, amounts appropriated

for the ensuing fiscal year's budget, amounts reserved for stated

purposes pursuant to law, including reserve funds established pursuant

to the general municipal law, and the remaining unappropriated

unreserved fund balance, provided that the remaining estimated

unappropriated unreserved fund balance for each fund shall not exceed a

reasonable amount, consistent with prudent budgeting practices,

necessary to ensure the orderly operation of village government and the

continued provision of services, taking into account factors including,

but not limited to, the size of the fund, cash flows, the certainty with

which the amounts of revenues and expenditures can be estimated, and the

village's experience in prior fiscal years. Such schedule shall not

include fund balance of any fund established as the result of issuance

and sale of obligations pursuant to the provisions of the local finance

law.

d. A schedule of each special reserve fund showing for each such fund

the purpose for which established and by parallel columns the amount

therein as of a date not more than forty-five days prior to the filing

of the tentative budget, and the amount, if any, recommended to be spent

therefrom to meet appropriations for the ensuing fiscal year. A

requirement of law that an expenditure from any such reserve fund be

subject to a permissive or mandatory referendum shall not prevent the

inclusion of a recommendation for such expenditure in the tentative

budget.

e. A schedule showing the computation of the amount to be levied on

real estate which amount shall be equal to the difference between the

total of all recommended appropriations as shown in the schedule

required by paragraph a of subdivision one of this section and the total

of estimates shown in the schedules required by paragraph b through d of

subdivision one of this section. Such schedule shall be so arranged as

to show such recommendations and estimates by funds in parallel columns.

f. A schedule of wages and salaries to be paid which shall be

subdivided by administrative units and shall show in parallel columns,

for each office or position of employment, the title, the number of

persons in the title, the recommended rate of compensation for the title

and the total recommended appropriation for the title.

g. A statement of the estimated income and proposed expenditures of a

municipal electric, gas or steam utility service or a water utility for

which an annual estimate is not filed, pursuant to subdivision five of

section 5-502 of this article which shall be in the form and detail

prescribed in subdivision four of section 5-502 of this article.

2. The tentative budget shall include any other data which the board

of trustees may, by resolution, require or which the budget officer

shall deem advisable.

Adoption of budget. l. The village clerk shall present the

tentative budget to the board of trustees at a regular or special

meeting to be held on or before the thirty-first day of March or such

other date as may be applicable pursuant to section 5-510 of this

article or section 17-1729 of article seventeen. At such meeting the

board of trustees shall review the tentative budget and make such

changes, alterations and revisions as it shall consider advisable,

provided that:

a. The statement of the amount estimated for any object or purpose for

which an appropriation is required to be made by law shall not be

reduced below the minimum so required.

b. The board of trustees shall enter in its minutes a statement of the

basis for any increase in or addition to any statement of estimated

revenues.

2. If the board of trustees shall make any changes in the tentative

budget, such adjustments shall be made which are necessary so that the

total estimated revenues, appropriated fund balance and appropriated

reserves together with the amount of taxes to be levied shall equal the

total estimated expenditures.

3. A public hearing shall be held upon the tentative budget, as

changed, altered or revised, on or before the fifteenth day of April or

such other date as may be applicable pursuant to section 5-510 of this

article or section 17-1729 of article seventeen. Notice of such public

hearing shall be published at least once in the official newspaper and

in such other newspapers and for such other additional times as the

board of trustees, by resolution, may direct. At least five days shall

elapse between the date of the first publication of such notice in the

official newspaper and the date specified for the hearing. The notice of

hearing shall state the time when and place where such public hearing

will be held, the purpose thereof and that a copy of the tentative

budget is available at the office of the village clerk where it may be

inspected by any interested person during office hours. The notice shall

also state the compensation proposed to be paid to each member of the

board of trustees. The hearing may be adjourned from day to day but not

beyond the twentieth day of April or such other date as may be

applicable pursuant to section 5-510 of this article or section 17-1729

of article seventeen.

4. After completion of the public hearing, the board of trustees may

further change, alter and revise the tentative budget, subject, however,

to the conditions and restrictions imposed by subdivision one of this

section. Such budget, as so revised, shall be adopted by resolution not

later than the first day of May, or such other date as may be applicable

pursuant to section 5-510 of this article or section 17-1729 of article

seventeen and such adoption of appropriations and the means of financing

the same shall be indicated in each schedule and schedule in a column

parallel to those required by section 5-506 of this article. Unless the

resolution specifically sets forth the appropriations in greater detail,

the appropriations shall be deemed to have been made for each

administrative unit by the following objects of expenditure: personal

services, equipment, other expenses and special objects of expenditure

as may be prescribed in a uniform system of accounts by the state

comptroller. Upon adoption of the resolution required by this section

the amounts proposed to be appropriated shall thereupon be appropriated

and the wages and salaries shown in the schedule thereof shall be fixed

at the amounts shown therein. In the event that the board of trustees

shall fail to adopt a budget on or before the first day of May or such

other date as may be applicable pursuant to section 5-510 of this

article or section 17-1729 of article seventeen, the tentative budget,

with such changes, alterations and revisions as shall have been made by

resolution of the board of trustees, shall constitute the budget for the

ensuing fiscal year.

Change in fiscal years. l. The board of trustees of any

village may, by resolution, adopt a fiscal year to commence on the first

day of August and end on the thirty-first day of July. If the board of

trustees shall so adopt a fiscal year commencing on the first day of

August as aforesaid, all of the provisions of this article and of the

real property tax law fixing times or dates within which or by which

certain acts shall be performed in relation to the preparation of the

assessment roll, the preparation of the budget and the levy and

collection of taxes and special assessments shall be correspondingly

changed so that the collection of taxes shall commence on the first day

of the fiscal year.

2. The board of trustees of a village which has elected, pursuant to

former section one hundred seventeen of the village law as enacted by

section fourteen of chapter eight hundred nine of the laws of nineteen

hundred fifty-four, to retain its fiscal year or which has adopted or

hereafter adopts, pursuant to this section, a fiscal year commencing on

the first day of August may, at any time determine, by resolution, to

change to a fiscal year commencing on the first day of June.

3. The board of trustees of a village which has enacted a local law as

provided in subdivision three of section fourteen hundred two of the

real property tax law may, by resolution, adopt a fiscal year to

coincide with the fiscal year of the town or towns or county within

which the village is located. If the board of trustees shall adopt such

a fiscal year, all of the provisions of this article and of the real

property tax law fixing times or dates within which or by which certain

acts shall be performed in relation to the preparation of the budget and

the levy and collection of taxes and special assessments shall be

correspondingly changed so that the collection of taxes shall commence

on the first day of the fiscal year.

4. A certified copy of a resolution adopting a new fiscal year shall

be filed within ten days in the office of the state department of audit

and control at Albany, New York.

Financing interim fiscal period. l. Whenever the fiscal year

of a village is changed by action of the board of trustees taken

pursuant to section 5-510 of this article, the current fiscal year shall

be automatically extended to include the interim period between the last

day of the current fiscal year and the first day of the new fiscal year,

unless the board of trustees shall elect to treat such interim period as

a separate fiscal year, as provided in subdivision three of this

section.

2. The board of trustees may raise all or part of the amount necessary

to pay the obligations and other expenses of the village for the interim

period by the issuance of obligations pursuant to the local finance law;

provided, however, that revenues and other income resulting from special

assessments for capital projects or from operation of revenue producing

undertakings, enterprises and utilities, including but not limited to

water supply, sewerage, electric, steam or gas, for which obligations

may become due during the interim period shall be applicable to payment

of obligations and expenses therefor as provided by law and to that

extent bonds or notes shall not be issued therefor.

3. The board of trustees may treat such interim period as a separate

fiscal year, in which case all of the provisions of this article and of

the real property tax law relative to the preparation of a budget and

the assessment, levy and collection of taxes shall apply to such interim

period; provided, however, that the amount to be raised by tax on real

estate in any such interim period shall not exceed the limitations

prescribed by article eight of the constitution, divided by twelve and

multiplied by the number of months contained in such interim period.

Limitation of tax levy. I. The amount which may be raised by

general village tax on real estate in any fiscal year for village

purposes, shall be the same amount as a village may raise under the

provisions of article eight of the constitution.

2. If any joint indebtedness described in title one-A of article two

of the local finance law is allocated and apportioned, or is excluded,

under or pursuant to such title or any other provision of law for the

purpose of determining the debt-contracting power of a county, city,

town, village or school district, such allocation and apportionment, or

exclusion, shall not limit the amount to be raised in any village

outside the limitations applicable to villages set forth in article

eight of the constitution to provide for the interest on and the

principal of any greater proportionate share of such debt service which

the village has agreed or is required to provide. The total of the

amounts which may be so raised by all participating public corporations

outside any limitation imposed by or pursuant to article eight of the

constitution to provide for their respective portions of any payment of

principal or of interest on joint indebtedness shall not exceed the full

amount required to be provided by all of such participants to make any

such payment.

Lien of special assessment. 1. Any provision of law to the

contrary notwithstanding, in any case in which a special or local

assessment is levied against real property a lien shall attach as of the

time when the assessment is confirmed by the body authorized to finally

determine the amount of such assessment, and shall continue until paid

or cancelled as herein below provided, which lien shall have the same

priority as a village tax.

2. Whenever an assessment remains unpaid and is included in the annual

tax levy, as provided in section 5-518, the lien thereof shall be

cancelled as of the date upon which the annual tax becomes a lien and

the lien of the annual tax shall include the amount of such assessment,

with penalties.

3. Whenever an assessment remains unpaid and is thereafter divided

into annual installments so as to retire obligations as they mature, the

lien thereof shall be cancelled as of the date of such division and at

that time a lien in the amount of the first installment shall attach,

which lien shall continue until cancelled by inclusion of such

installment in the next succeeding annual tax levy, in the manner

provided above. Subsequent installments, unless prepaid as provided in

section 5-518 of this article, shall become liens on the respective

anniversary dates of such division and such liens shall be cancelled in

the same manner.

Collection of special assessments. 1. Any provision of law to

the contrary notwithstanding, all special or local assessments levied

against real property shall be collected as in this section provided.

2. Whenever an expenditure is made or a contract awarded for a purpose

for which bonds cannot be issued and the amount of a local or special

assessment, inclusive of interest to maturity of obligations, if any,

issued to finance such expenditure, is finally fixed, determined and

confirmed, such assessment may be paid without penalty at any time

within a period of thirty days, computed from the date of such

confirmation.

3. If an expenditure is made or a contract awarded for a purpose for

which bonds may be issued pursuant to the local finance law, the board

of trustees may provide for the payment of special assessments by any

one of the following methods:

a. The board of trustees may adopt the procedure described in

subdivision two of this section.

b. The board of trustees may determine that such assessments may be

paid in annual installments. In such case, it may give a period of

thirty days from date of confirmation in which assessments may be paid

in full without penalty. Upon the expiration of such period, obligations

shall be issued pursuant to the local finance law for the total unpaid

assessments. The amount of the unpaid assessment against each parcel of

land shall be divided into such annual installments as shall be

necessary to completely amortize the principal amount of such

obligations as they shall mature. There shall be added to the amount of

each installment a sum sufficient to meet a pro rata share of the annual

interest payable on such obligations. The board of trustees shall

annually levy the amount of the annual installment, unless same shall

have been prepaid as provided in paragraph c of this subdivision, with

interest as aforesaid, on a special assessment roll and such amount

shall be extended on such roll against the real property benefited. The

board of trustees may determine that such annual installment shall be

due at the same time as real property taxes, in which event the amount

of such installment shall be extended in a separate column in the annual

tax roll. In the latter case, the same penalties for non-payment shall

attach as in the case of non-payment of the village tax, as provided in

the real property tax law and there shall be no relevy of the unpaid

installment as prescribed in subdivision five of this section, but such

unpaid installment shall be collected as provided in said real property

tax law.

c. Whenever an unpaid assessment has been divided into annual

installments pursuant to paragraph b of this subdivision the board of

trustees may, at the time of making such division, or at any time

thereafter, provide that all future annual installments may be prepaid

together with a sum sufficient to meet all future pro rata shares of the

annual interest payable on such obligations and which would otherwise

have been added to such future installments had same not been prepaid.

All sums received from such prepayments shall be deposited and retained

in a separate account in a depositary designated in the manner provided

by section ten of the general municipal law to be applied only to the

payment of the obligations issued pursuant to paragraph b of this

subdivision. Notwithstanding the foregoing, such sums so received may be

invested in the manner permitted in section eleven of the general

municipal law.

4. If any assessment or annual installment thereof be not paid within

the prescribed thirty day period, penalties shall be computed from the

expiration date of such thirty day period at the rate of one-half of one

per centum per month or portion thereof until the assessment is paid or

discharged. All penalties collected shall be credited to the general

fund.

5. At least thirty days before the end of the fiscal year, the officer

or official charged with the collection of such special or local

assessments shall transmit to the board of trustees a statement of all

delinquent special or local assessments, showing the amounts thereof

with penalties computed to the first day of the month following the

month in which the fiscal year commences, and thereafter he shall not

collect or receive payment of any such special assessment in default.

The board of trustees shall include the amounts shown on such statement

in the annual tax levy and such amounts shall be extended on the annual

tax roll against the real properties concerned in a separate column.

Such special assessments shall thereafter be deemed for the purposes of

collection to be a part of the annual village tax and the assessment

shall be deemed to have been cancelled as of the date of the tax levy.

6. Whenever any special assessment or installment thereof shall be

extended on the village tax roll, whether pursuant to subdivision three

or subdivision five of this section, the special assessment account

shall be credited with the amount of the special assessment or

installment, less penalties. The amounts so extended, including

penalties, when collected, shall be paid into the general fund.

General budgetary controls. 1. A separate account shall be

kept for each appropriation. Each such account shall show the amount

appropriated, the several amounts expended thereform and the unexpended

balance.

2. No expenditure shall be made, nor shall any contract which in any

manner involves the expenditure of money or the incurring of any

pecuniary liability be entered into, unless an amount has been

appropriated for the particular purpose and is available therefor or has

been authorized to be borrowed pursuant to the local finance law.

Nothing in this subdivision shall prevent the making of a contract or

lease for a term exceeding one year when authorized by law nor shall

anything in this subdivision require a village which has entered into a

contract or lease for a term exceeding one year to pay during the

current fiscal year any amounts larger than those which become due and

owing during that year under the terms of such lease or contract.

3. Whenever during a fiscal year it shall appear probable to the

budget officer that the moneys available for such year will be

insufficient to meet the amounts appropriated, he shall forthwith notify

the board of trustees of such fact, stating the probable amount of such

deficiency. The budget officer may include his recommendations as to

the action which should be taken. The board of trustees may reduce any

appropriation or appropriations by resolution so as to prevent the

making of expenditures in excess of moneys available. An appropriation

shall not be reduced below the minimum amount required by law to be

appropriated, nor shall an appropriation be reduced by more than the

balance therein less outstanding and unpaid claims chargeable to such

appropriation.

4. The board of trustees, during a fiscal year, by resolution, may

make additional appropriations or increase existing appropriations.

Moneys therefor may be provided by transfer from the unexpended balance

of an appropriation, from the appropriation for contingencies, from

unappropriated unreserved fund balance, or unanticipated revenues within

a fund, or by borrowing pursuant to the local finance law. For the

purposes of this subdivision, unappropriated unreserved fund balance or

unanticipated revenues shall be available for transfer only to the

extent that the total of all revenues of such fund recognized or

reasonably expected to be recognized in the current fiscal year,

including unappropriated unreserved fund balance, exceeds the total of

all revenues of such fund as estimated in the budget, including

appropriated fund balance.

5. Notwithstanding the provisions of subdivision four of this section,

grants in aid from the state and federal governments, other gifts which

are required to be expended for particular objects or purposes, and

insurance proceeds for the loss, theft, damage or destruction of real or

personal property, when proposed to be used or applied to repair or

replace such property, may be appropriated by resolution of the board of

trustees at any time for such objects and purposes.

Lapse of appropriations. l. Each appropriation to the extent

that it shall not have been expended or obligated, shall lapse at the

close of the fiscal year for which made, except that an appropriation

for a capital project shall continue in force until the purposes for

which it was made shall have been accomplished or abandoned.

2. For the purposes of this section "capital project" shall mean

a. any physical public betterment or improvement or any preliminary

studies and surveys relative thereto,

b. land or rights in land,

c. any furnishings, machinery, apparatus or equipment for any physical

public betterment or improvement when such betterment or improvement is

first constructed or acquired, or

d. any combination of paragraphs a, b, and c.

Audit and payment of claims. l. The term "claim", as used in

this section, shall include all bills, accounts and demands for the

payment of money, of whatever nature, asserted against the village.

2. In a village which has not established the office of auditor, the

board of trustees shall audit all claims against the village, except

that it may, by resolution, authorize and empower a separate board of

commissioners, a board possessing the powers of two or more such boards

or another board possessing like powers to audit and order paid all

claims incurred by such board and payable out of the funds within its

jurisdiction.

3. In a village which has established the office of auditor, the

auditor shall audit and order paid all claims against the village. Such

order shall be in the form prescribed in this chapter for similar orders

of the village clerk. The auditor shall transmit such order directly to

the village treasurer and shall retain a duplicate thereof in his

office.

4. Except as hereinafter provided, no claim shall be ordered paid

unless such claim is in writing and itemized and approved by the officer

or employee whose action gave rise or origin to the claim. The board of

trustees may determine, by resolution, that claims shall be certified or

verified by oath of the claimant or his duly authorized agent.

5. Fixed salaries, debt service, amounts becoming due upon lawful

contracts for periods exceeding one year and the compensation for

services of employees or officers regularly engaged by the village at

agreed wages by the hour, day, week, month or year may be paid without

prior audit. All payrolls, or other claims for compensation, for

personal services rendered to the village by any person other than an

elective village officer shall be certified by the village officer or

employee having direct supervision of the claimant to the effect that

such services indicated on such payroll or claim were actually performed

by the person or persons mentioned therein. If the rules of the state

civil service commission, the county civil service commission or the

county personnel officer, as the case may be, have been extended to

apply to any such employees or officers, no claim for compensation shall

be paid unless the payroll or claim shall have been certified by such

commission or personnel officer to the effect that the appointment or

employment of such officers and employees has been made in accordance

with the civil service law and rules.

6. The board of trustees may by resolution authorize payment in

advance of audit of claims for public utility services, postage, freight

and express charges. All such claims shall be presented at the next

regular meeting for audit, and the claimant and the officer incurring or

approving the same shall be jointly and severally liable for any amount

disallowed by the board of trustees.

As used in this subdivision, the term public utility services shall

mean electric, gas, water, sewer and telephone services.

7. The actual and necessary expenses of all officers, employees, and,

when authorized by the board of trustees, the actual and necessary

expenses of the volunteer chief and assistant volunteer chiefs of the

village fire department incurred in the performance of their official

duties shall be a village charge. For the purposes of this subdivision

"actual and necessary expenses", as it applies to a volunteer chief or

assistant volunteer chief of the village fire department, means only

such expenses incurred in the performance of their extra official duties

as volunteer chief or assistant volunteer chief. The board of trustees

of any village, in lieu of auditing and allowing the claim of a village

officer, employee, or volunteer chief and assistant volunteer chiefs of

the village fire department for actual and necessary expenses for

travel, may determine by resolution to allow and pay such officer,

employee, or volunteer chief and assistant volunteer chiefs of the

village fire department a reasonable mileage allowance for use of his

own automobile for each mile actually and necessarily traveled by him in

the performance of the duties of his office or position, or in attending

a convention, conference or school pursuant to section seventy-seven-b

of the general municipal law. The actual and necessary expenses incurred

by a police justice who does not also hold the office of town justice in

attending a training school for justices provided by the education

department or given within his county by the county magistrate's

association shall be a charge against the village of which he is police

justice. No such person, however, shall be allowed such expenses for

attending a regional school unless his village shall be included within

the area of such region as established by the education department.

8. Notwithstanding the provisions of subdivisions two, three and four

of this section or of any other law, any village by vote of its board of

trustees may enter into a mutual aid agreement with other villages or

political subdivisions of the state, pursuant to the provisions of the

New York state defense emergency act, and all acts amendatory thereof

and supplemental thereto, for the purpose of civil defense as defined in

said act and may raise money by tax to defray the expense of its

participation in such mutual aid agreement. Such villages may also enter

into a financial agreement or arrangement with such other participating

villages or political subdivisions of the state, provided, however,

that:

a. the treasurer of one such participating village shall be designated

as treasurer of a joint mutual aid or civil defense fund;

b. each of such participating villages may from time to time advance

and pay to such mutual aid or civil defense fund its proportionate share

of an amount of money agreed upon by all such participating villages for

the purpose of defraying the necessary and proper expenses of mutual

civil defense aid;

c. the treasurer of such joint fund as herein provided shall make

necessary and proper disbursements from said fund and shall account

monthly to each village for such disbursements.

All moneys advanced or otherwise disbursed by each such village to

carry out the provisions of this subdivision, shall be only from moneys

appropriated for such purposes and included in the annual budget of said

village.

9. Any officer of the village who shall knowingly audit, order paid or

pay any claim contrary to the provisions of this section shall be guilty

of a misdemeanor.

Purchasing of products for public use. Notwithstanding the

provisions of section one hundred three of the general municipal law,

when purchasing products the officer, board or agency of a village may,

wherever recycled products meet contract specifications and the price of

such products is reasonably competitive, purchase such products. For the

purpose of this section and until July first, nineteen hundred

ninety-six, "recycled product" shall mean any product which has been

manufactured from secondary materials, as defined in subdivision one of

section two hundred sixty-one of the economic development law, and meets

secondary material content requirements adopted by the office of general

services under subdivision one of section one hundred seventy-seven of

the state finance law for products available to the village under state

contract or, if no such contract for such product is available, any

product which meets the secondary material content requirements adopted

by the village with respect to a specific commodity procurement by the

village. After July first, nineteen hundred ninety-six, "recycled

product" shall mean, for the purposes of this section, any product which

is manufactured from secondary materials, as defined in subdivision one

of section two hundred sixty-one of the economic development law, and

which meets the requirements of subdivision two of section 27-0717 of

the environmental conservation law and regulations promulgated pursuant

thereto. For the purpose of this section, "reasonably competitive" shall

mean that the cost of the recycled product does not exceed a cost

premium of ten percent above the cost of a comparable product that is

not a recycled product or, if at least fifty percent of the secondary

materials utilized in the manufacture of that product is generated from

the waste stream in New York state, the cost of the recycled product

does not exceed a cost premium of fifteen percent above the cost of a

comparable product that is not a recycled product.

Whenever such officer, board or agency shall purchase or cause the

purchase of printing on recycled paper pursuant to this section, he or

she shall require the printed material to contain the official state

recycling emblem established pursuant to subdivision two of section

27-0717 of the environmental conservation law and regulations

promulgated pursuant thereto if such paper has been approved by the

department of environmental conservation as satisfying the requirements

of such statute and regulations, or, if such paper has not been so

approved, require the printed material to include a printed statement

which indicates the percentages of pre-consumer and post-consumer

recycled material content of such paper.

Petty cash account. l. The board of trustees may, by

resolution, establish a revolving petty cash account for any

administrative unit or officer in such amount as is deemed necessary.

Any such petty cash account shall continue in existence from year to

year until abolished by like action.

2. Expenditures from a petty cash account may be made only for

payment, in advance of audit and upon receipt of properly itemized bills

for materials, supplies or services furnished to the village for the

conduct of its affairs and upon terms calling for the payment of cash to

the vendor upon the delivery of any such materials or supplies or the

rendering of any such services. Any such bill in an amount of more than

five dollars shall also be certified or verified.

3. A list of all expenditures made from such petty cash account,

together with the bills supporting such expenditures, shall be presented

periodically to the auditing board or village auditor for audit.

4. The auditing board or auditor, as the case may be, shall direct the

village treasurer to reimburse such petty cash account from the

appropriate budgetary item or items, in an amount equal to the total of

such bills which shall be so audited and allowed.

5. Any of such bills or any portion of any such bills as shall be

disallowed upon audit shall be the personal liability of the officer

responsible for the use of the petty cash account from which payment on

account thereof was made, and such officer shall promptly reimburse such

petty cash account in the amount of such disallowances. If such

reimbursement has not been made by the time of the first payment of

salary to such officer after the action of the auditing board or village

auditor in disallowing an amount so expended, such amount shall be

withheld from such salary payment and, if necessary, subsequent salary

payments, and paid into such petty cash account until an amount equal to

the amount so disallowed has been repaid to the petty cash account. Any

bond or undertaking filed by any such officer shall be available to the

village for recovery of any losses incurred by reasons of the operation

of any such petty cash account.

Appropriations to maintain municipal conferences and

associations. l. The board of trustees of any village is hereby

authorized to annually include in the budget and raise by taxation a sum

to meet its proportionate share of the actual and necessary expenses of

maintaining and continuing the conference of mayors and other municipal

officials of the state of New York and any of its activities in this

state for the purpose of devising practical ways and means for obtaining

greater economy and efficiency in the government thereof.

2. The board of trustees of any village is hereby authorized and

empowered to include annually in the budget and raise by taxation in

such village, a sum sufficient to defray the proportionate share of such

village to meet the actual and necessary expenses of maintaining and

continuing a conference of village officials of the villages in the

county in which such village is located or a conference composed of

village officials of villages located in an area of adjoining counties,

and any of its activities in this state, for the purpose of devising

practical ways and means of promoting and obtaining greater economy and

efficiency in the government of such village.

3. The board in control of an electric utility, owned and operated by

the village is hereby authorized to pay from the proceeds of the

operation of said utility its proportionate share of the actual and

necessary expenses of maintaining and continuing the municipal electric

utilities association of the state of New York, and any of its

activities in this state, for the purpose of devising practical ways and

means for obtaining greater economy and efficiency in the operation of

municipally owned electric light plants.

Villages authorized to impose taxes on utilities. 1.

Notwithstanding any other provisions of law to the contrary, any village

is hereby authorized and empowered to adopt and amend local laws

imposing in any such village a tax such as was imposed by section one

hundred eighty-six-a of the tax law, in effect on January first,

nineteen hundred fifty-nine, except that the rate thereof shall not

exceed one per centum of gross income or of gross operating income, as

the case may be, and may make provision for the collection thereof by

the chief fiscal officer of such village; provided, however, that

nothing herein contained shall be construed so as to prevent any village

from adopting local laws exempting from such tax omnibus corporations

subject to the supervision of the state department of public service

under article three-a of the public service law. A tax imposed pursuant

to this section shall have application only within the territorial

limits of any such village, and shall be in addition to any and all

other taxes. This section shall not authorize the imposition of a tax on

any transaction originating or consummated outside of the territorial

limits of any such village, notwithstanding that some act be necessarily

performed with respect to such transaction within such limits.

2. Revenues resulting from the imposition of taxes authorized by this

section heretofore or hereafter imposed shall be paid to the treasurer

of the village imposing the same, and shall be credited to and deposited

in the general fund of such village.

3. All of the provisions of section one hundred eighty-six-a of the

tax law, so far as the same are or can be made applicable, with such

limitations as are set forth in this section, and such modifications as

may be necessary in order to adapt such taxes to local conditions shall

apply to the taxes authorized by this section.

4. Notwithstanding any other provisions of this section or of section

one hundred eighty-six-a of the tax law, the words "gross income" shall

include:

a. In the case of a utility engaged in selling telephony or telephone

service, only receipts from local exchange service wholly consummated

within the village; and

b. In the case of a utility engaged in selling telegraphy or telegraph

service, only receipts from transactions wholly consummated within the

village.

5. Any final determination of the amount of any tax payable hereunder

shall be reviewable for error, illegality, or unconstitutionality or any

other reason whatsoever by a proceeding under article seventy-eight of

the civil practice law and rules if the proceeding is commenced within

ninety days after the giving of the notice of such final determination;

provided, however, that any such proceeding under said article

seventy-eight shall not be instituted unless the amount of any tax

sought to be reviewed, with such interest and penalties thereon as may

be provided for by local law, ordinance or resolution, shall be first

deposited and an undertaking filed, in such amount and with such

sureties as a justice of the supreme court shall approve to the effect

that if such proceeding be dismissed or the tax confirmed the petitioner

will pay all costs and charges which may accrue in the prosecution of

such proceeding.

6. Where any tax imposed hereunder shall have been erroneously,

illegally or unconstitutionally collected and application for the refund

thereof duly made to the proper fiscal officer or officers, and such

officer or officers shall have made a determination denying such refund,

such determination shall be reviewable by a proceeding under article

seventy-eight of the civil practice law and rules, provided, however,

that such proceeding is commenced within ninety days after the giving of

the notice of such denial, that a final determination of tax due was not

previously made, and that an undertaking is filed with the proper fiscal

officer or officers in such amount and with such sureties as a justice

of the supreme court shall approve to the effect that if such proceeding

be dismissed or the tax confirmed, the petitioner will pay all costs and

charges which may accrue in the prosecution of such proceeding.

7. Except in the case of a willfully false or fraudulent return with

intent to evade the tax, no assessment of additional tax shall be made

with respect to taxes imposed under this section, after the expiration

of more than three years from the date of the filing of a return,

provided, that where no return has been filed as provided by local law

the tax may be assessed at any time.

Inconsistent local laws. No local laws shall be adopted

changing, amending or superseding any of the provisions of this article.

Definitions. The term "street" as used in this article also

includes a highway, road, avenue, lane or alley which the public have a

right to use; and the term "pavement" includes a macadam, asphalt,

brick, concrete or other similarly improved roadbed, and is only applied

to the portion of the street between the sidewalks or established curb

lines.

Separate highway district. The streets and public grounds of a

village constitute a separate highway district and are under the

exclusive control and supervision of the board of trustees or other

officers of the village when such control is delegated to them by such

board.

Care of bridges. If the board of trustees of a village has the

supervision and control of a bridge therein, it shall continue to

exercise such control under this chapter. In any other case, every

public bridge within a village shall be under the control of the

superintendants of highways of the town in which the bridge is wholly or

partly situated, or such other officer as may be designated by special

law, and the expense of constructing and repairing such bridge and the

approaches thereto is a town charge, unless the village assumes the

whole or part of such expense.

When village may construct or repair bridges. A village may

assume the control, care and maintenance of a bridge or bridges wholly

within its boundaries, upon the adoption of a resolution of the board of

trustees therefor; such action, however, shall be subject to a

permissive referendum as provided in this chapter or the board of

trustees may enter into an agreement with the town, in which any part of

such village is situated, to construct or repair a bridge in any part of

the village included in such town, at the joint expense of the village

and town, which agreement shall fix the portion to be paid by each. Such

action of the board of trustees shall be subject to a permissive

referendum as provided in this chapter.

Nothing in this section shall be deemed to limit the power of villages

to enter into agreements for the construction and repair of bridges

pursuant to the provisions of article five-G of the general municipal

law.

When village may relinquish care of bridges. Any village

which has the supervision, control, care and maintenance of any bridge

or bridges wholly within its boundaries, or which has entered into an

agreement with a town as provided in sections 6-604 and 6-606 of this

chapter, may with the consent of the town board of the town within which

any such bridge is situated, by resolution of the board of trustees

subject to a permissive referendum as defined in this chapter, terminate

the right of such village to supervise, control, care for and maintain

such bridge or bridges, or cancel any such agreements made by it with

such superintendants of highways, and thereafter every public bridge

within the boundaries of said village shall be under the supervision,

control, care of and maintenance of the superintendants of highways of

the town as provided in section 6-602 of this chapter. Such action,

however, shall in no way cancel or interfere with the validity of any

obligation or indebtedness of the village incurred during the period

that the village exercised the supervision, control, care and

maintenance of such bridge or bridges, or during the period that said

agreement was operative.

Dedication of streets. An owner of land in a village who has

laid out a street thereon may dedicate such street, or any part thereof,

or an easement therein, to the village for a public street, or an owner

may dedicate for such purpose land not laid out as a street. Upon an

offer in writing by the owner to make such a dedication, the board of

trustees may, by resolution, determine to accept a dedication of the

whole or any part of the land described in such offer or the whole or

any part of such street, to be described in such resolution. Upon the

adoption of such a resolution the owner may execute and deliver to the

village clerk a proper conveyance of the land to be dedicated. The board

of trustees may by resolution, accept the conveyance, and the

conveyance, shall thereupon be recorded in the office of the county

clerk. Upon the acceptance of the conveyance the land described therein

shall become and be a public street of the village. No street less than

two rods in width shall be accepted by dedication, unless the resolution

adopting same is passed by unanimous vote of the board of trustees. All

offers of dedication must be entered at length in the minutes of the

board of trustees.

Street improvement or acceptance. The board of trustees may by

resolution provide for laying out, altering, widening, narrowing,

discontinuing or accepting the dedication of a street in the village.

Notice of meeting of board. Upon adoption of a resolution the

board shall immediately give notice of a hearing thereon at specified

time and place to consider the resolution, and such hearing shall be

conducted as provided in article twenty-one herein. The notice must

state the general object of the resolution and if it be for the laying

out of a street, a general description of its proposed course, and in

any other case, the name of the street proposed to be changed,

discontinued or accepted. If the street to be laid out, altered,

widened, narrowed, discontinued or accepted shall cross a railroad such

notice shall be served upon the railroad company as required by section

ninety of the railroad law.

Changing grade of street or bridge. 1. If a village has

exclusive control and jurisdiction of a street or bridge therein, it may

change the grade thereof. If such change of grade shall injuriously

affect any building or land adjacent thereto, or the use thereof, the

change of grade, to the extent of the damage resulting therefrom, shall

be deemed the taking of such adjacent property for a public use. A

person claiming damages from such change of grade must present to the

board of trustees a verified claim therefor within sixty days after such

change of grade is effected. The board may agree with such owner upon

the amount of damages to be allowed to him, or make to him a verified

offer to settle or compromise such claim. If no agreement be made within

thirty days after the presentation of the claim, the person presenting

it may apply pursuant to the eminent domain procedure law, to the

supreme court to determine the compensation to which he is entitled.

Notice of the application must be served upon the board of trustees at

least ten days before the hearing thereof. All proceedings shall be

taken in accordance with the provisions of the eminent domain procedure

law, so far as applicable. The amount agreed upon for such damages or

the award therefor, together with the costs, if any, allowed to the

claimant, shall be a charge against such village.

2. Whenever the grade of any street, highway or bridge in any village

in this state shall be changed or altered so as to interfere in any

manner with any building or buildings situate thereon, or adjacent

thereto, or the use thereof, or shall injure or damage the real property

adjoining such highway so changed or altered, the owner or owners of

such building or real estate may apply pursuant to the eminent domain

procedure law, to the supreme court in the judicial district in which

such property is situated to ascertain and determine the amount of

damage sustained thereby; due notice of such application shall be given

to the person or persons having competent authority to make such change

or alteration. No person or property owner shall be entitled to recover

any damages who shall, in writing, request or assent that the said grade

of any such street shall be changed or altered. All damages ascertained

and determined under the provisions of this subdivision, together with

the costs of such proceedings, shall be a charge, when allowable, upon

the village, town or other municipality chargeable with the maintenance

of the street, highway or bridge so altered or changed; but no property

owner or person instituting proceedings to recover damages under the

provisions of this subdivision shall be entitled to costs, unless the

claim for such damages shall have first been presented to and rejected

by, or neglected to have been adjusted for thirty days after

presentation by the trustees or other proper officers of said village,

town or municipality, nor in case such trustees or other proper officers

shall have made an offer to settle or compromise such claim, which offer

is declined by said property owner, unless he shall recover more than is

so offered.

This subdivision shall not apply to the change of grade of streets,

highways or bridges by village authorities nor to the change of grade,

made by the state, of a bridge or state highway, which is under the

exclusive control, supervision or jurisdiction of the state, nor to the

change of grade, made by a county, of a bridge or county highway, which

is under the exclusive control, supervision or jurisdiction of the

county.

3. No proceeding or action under this section shall be maintained

against the villages unless the same shall be commenced within one year

after the filing of the verified claim.

Streets on boundary lines. Whenever a street is on a line

between two villages, or between a village and a city or town, the

highway or street commissioners of such adjoining municipalities shall,

on or before the first day of May in each year, meet at a time and place

to be determined by them, and divide such street. The officers present

at such meeting shall allot a part of the street to each municipality in

such manner that the labor and expense of keeping such street in repair

may be equal as nearly as practicable. The officers making such division

shall, within ten days thereafter, file in the office of the clerk of

each municipality a certificate showing the part of such street allotted

to each.

Sidewalks, payment for construction. Whenever the owner or

occupant of lands adjoining a street constructs along such street a

sidewalk of stone, cement, brick or other similar materials to be

approved by the board of trustees, and the board consents to bear a

portion of the expense of construction thereof, the board of trustees

may pay to such owner or occupant a sum to be fixed by the board of

trustees not exceeding one-half of the actual and necessary expense of

constructing such sidewalk. Before the board of trustees shall so

consent to bear a portion of the expense of construction of any such

sidewalk, it shall fix the proportionate amount that shall be paid by

the village for all walks of the same kind which may thereafter, with

such consent, be constructed therein; and such proportionate amount may

be changed from time to time thereafter by the board of trustees, but at

no time within one year from the date of the last fixing or changing

thereof.

Pavements. The board of trustees may cause a street in the

village or a part thereof, to be graded and paved or repaved wholly at

the expense of the village, or wholly at the expense of the owners of

the adjoining land or partly at the expense of each. If the street or

part thereof is wholly within the village, but the exterior line thereof

constitutes the village boundary, such improvements may be made as to

the part of such street within the village either wholly at the expense

of the village or wholly at the expense of the owners of adjoining land

within and without the village or partly at the expense of each. Before

any such street or portion thereof is graded or paved, wholly or partly

at the expense of the owners of the adjoining land, a hearing shall be

held and notice thereof given as hereinbefore provided for. If such

expense, or any part thereof, is to be assessed upon adjoining land, the

board of trustees may apportion it upon the lands and assess the same as

a whole or by installments. Provided, however, where a street is so

improved wholly at the expense of the owners of the adjoining land, the

cost thereof shall be assessed in proportion, as nearly as may be, to

the benefit which each lot or parcel will derive therefrom.

Acquisition of lands for parks, squares, athletic fields and

playgrounds. The board of trustees may, on behalf of the village, accept

by grant or devise a gift of land for a public park, square, athletic

field or playground, within the village or wholly within five miles of

the boundaries thereof, or may, if such land is outside of the village

and wholly within three miles of the boundaries thereof, upon the

adoption of a resolution by unanimous vote purchase such land

accordingly. If unable to agree with the owners for the purchase

thereof, the board of trustees on behalf of the village may acquire

title thereto by condemnation. If such land is within the village, the

board of trustees on behalf of the village may upon the adoption of a

resolution, purchase such land accordingly, or if unable to agree with

the owners for the purchase thereof, may acquire title thereto by

condemnation. The board of trustees may lease in the name of the

village, lands within the village or outside of such village and wholly

within three miles of the boundaries thereof for a public park, athletic

field or playground and may equip the same with suitable buildings,

structures and apparatus and may thereafter maintain and improve the

same at the expense of the village. The amount of such rent shall be

paid in annual installments commencing with the date of the lease. Upon

the acquition of land for the purposes of this section, either by gift,

purchase or lease, the board may establish and maintain the same for its

intended purposes and shall have the power to perform all the duties of

a separate board of park commissioners as provided for in this chapter.

Streets by prescription. All lands within the village which

have been used by the public as a street for ten years or more

continuously, shall be a street with the same force and effect as if it

had been duly laid out and recorded as such.

Liability of village in certain actions. No civil action shall

be maintained against the village for damages or injuries to person or

property sustained in consequence of any street, highway, bridge,

culvert, sidewalk or crosswalk being defective, out of repair, unsafe,

dangerous or obstructed or for damages or injuries to person or property

sustained solely in consequence of the existence of snow or ice upon any

sidewalk, crosswalk, street, highway, bridge or culvert unless written

notice of the defective, unsafe, dangerous or obstructed condition or of

the existence of the snow or ice, relating to the particular place, was

actually given to the village clerk and there was a failure or neglect

within a reasonable time after the receipt of such notice to repair or

remove the defect, danger or obstruction complained of, or to cause the

snow or ice to be removed, or the place otherwise made reasonably safe.

Provisions governing the improvement of highways in villages.

l. The term "highway improvement," as used in this section, shall mean

the filling, excavating, grading, paving, draining and the laying of

curbs, gutters, sidewalks upon or otherwise improving a state highway,

or a highway constructed under a special act of the legislature having

the status of a state highway, in any village, or any one or more or all

of such improvements.

2. The board of trustees of any village may cause any highway

improvement to be made on its own motion pursuant to the following

procedure: Upon the approval of plans and specifications for such

highway improvement by the board of trustees, such board of trustees, by

majority vote, may pass a resolution of intention to make such

improvements and provide for the method of apportioning the cost thereof

and a public hearing therefor called by the board of trustees shall be

held thereupon. The notice of hearing shall state the time and place of

the hearing and, in general terms, the purpose thereof and the proposed

method of apportioning the costs of the contemplated improvement, and

such notice shall be published at least twice in the official newspaper

of the village, or, if there be no official newspaper, then in a

newspaper of general circulation in the village, the first publication

to be made not less than ten days before the date of hearing. After the

hearing the board of trustees may determine to proceed with such highway

improvement or may abandon the same.

3. If the board of trustees determines to proceed with such highway

improvement, such highway improvement may be made and contracts therefor

may be let as in the case of other village street improvements, but no

contract shall be entered into unless and until such proposed

improvement has been consented to and the plans and specifications

therefor have been approved by the board, officer, governing body or

governing bodies having control, supervision or jurisdiction over such

highway.

4. The board of trustees, in its discretion, may provide that the cost

of any one or more or all of such highway improvements shall be borne

partly by the village at large and partly by the lands benefited

thereby; or such board may provide that the cost of any one or more or

all of such highway improvements shall be borne by the village at large;

or such board may provide that the cost of any one or more or all of

such highway improvement may be assessed entirely upon the lands

benefited thereby.

5. At any time after letting the contract or contracts, if all or any

part of the cost of the proposed improvements is to be borne by special

assessment, assessments may be made, levied and confirmed.

6. A resolution, passed pursuant to the provisions of this section,

including any resolution for making the improvement or apportioning the

cost thereof shall not be subject to permissive referendum under the

provisions of the village law unless the entire cost of any one or more

or all of such improvements is to be borne by the village at large and

is to be paid from taxes levied for the fiscal year in which such

expenditure is to be made, in which case the resolution, authorizing the

improvement, shall be subject to permissive referendum as provided in

the village law.

Incumbering streets; encroachments. 1. May regulate the use of

sidewalks, stores, house and other building fronts; may regulate and

prohibit the erection and construction of any stoop, steps, platform,

curb pumps, bay windows, stairs, cellar, area, areaway, descent to or

ascent from any building or any projection from any building in, to,

upon, over or under any street or public place; may control, regulate

and prohibit the building, use and occupancy of any cellar, underground

areaway or excavation under the sidewalk or street or any part thereof,

including tanks for the storage of gasoline, kerosene or other oils and

may provide terms and conditions of any permitted use; may control and

prohibit and remove any grating, manhole cover, or other construction in

the walks or streets.

2. If the front or other exterior wall of any building erected on or

before the first day of January, nineteen hundred forty, in any village

encroaches not more than six inches upon any street or highway, no

action or proceeding to compel the removal of such wall shall be

instituted or maintained by or on behalf of the village, or by or on

behalf of any person claiming an easement in or title to the portion of

the street or highway on which such wall encroaches, unless such action

or proceeding be commenced within the period of one year from the time

this act takes effect, and unless within such period a notice of the

pendency of such action or proceeding, describing the property on which

said building stands and indexed against the owner thereof, be filed in

the office of the clerk of the county in which the property lies.

3. If the front or other exterior wall of any building erected after

the first day of January, nineteen hundred forty, in any village

encroaches not more than six inches upon any street or highway, no

action or proceeding to compel the removal of such wall shall be

instituted or maintained by or on behalf of the village, or by or on

behalf of any person claiming an easement in or title to the portion of

the street or highway on which such wall encroaches, unless such action

or proceeding be commenced within the period of one year from the time

of the serving of a notice as hereinafter provided, and unless within

such period a notice of the pendency of such action or proceeding,

describing the property on which said building stands and indexed

against the owner thereof, be filed in the office of the clerk of the

county in which the property lies. Any person having an interest in the

property on which such building stands may serve a notice on the village

clerk, village mayor or any village trustee of the village in which said

property lies, setting forth a brief description of the property, his

interest therein, and the existence of an encroachment on the street or

highway. Such notice, together with proof or admission of service

thereof, shall be filed in the office of the clerk of the county in

which such property lies. The clerk shall index and record such notice

as if it were a notice of the pendency of an action and shall collect

the usual fees for recording and indexing a notice of the pendency of an

action.

4. If no action be brought within the period hereby limited therefor

the owners and encumbrancers of such property shall be deemed to have an

easement for the maintenance of the encroaching wall so long as the said

wall shall stand, and no longer.

5. If the front or other exterior wall of any building erected on or

before the first day of January, nineteen hundred sixty-five in any

village encroaches not more than six inches upon any village street or

village highway, the local legislative body of any village may authorize

the maintenance of such encroachment by ordinance during the period of

time the encroaching wall is in existence; provided, however, that such

authorization shall not confer any right or claim to be asserted against

such village or the state.

6. The owner of real property upon which the front or exterior wall of

any building thereon encroaches upon any village street or highway, may

submit a request, in writing, to the board of trustees of such village

for authorization to maintain such front or exterior wall during the

time such wall is in existence.

7. Upon presentation of such request, notice thereof shall be given to

the superintendent of public works, who shall recommend to the board of

trustees the proposed action on such request. Within thirty days of the

presentation of such request, the board of trustees shall determine if

the granting of such request shall adversely impact upon the users of

the village street or highway. In the event a determination is made that

such encroachment does adversely impact upon the use of the village

street or highway, such request shall be denied. In the event a

preliminary determination is made that such encroachment may have no

adverse impact upon the use of the village street or highway, the board

of trustees of such village shall within, thirty days after the issuance

of such preliminary finding, hold a public hearing upon such request,

which public hearing shall be conducted upon not less than ten days

notice to the public. In addition to such public notice, the owners of

property, as determined from the last completed assessment roll, within

five hundred feet of the property as measured from the intersections of

the property lines with the village street or highway shall be given

notice by certified mail of such public hearing.

8. If, upon the completion of the public hearing, the board of

trustees determines that such front or exterior wall does not interfere

or impede the right of the public to use such village street or highway,

the board of trustees may grant to the owner of such property a license

to continue to maintain such front or exterior wall during the period

such wall is in existence; provided however, such village shall have the

authority to revoke such license at any time in the event the board of

trustees determines that such village street or highway will be improved

and as a result of such improvement the front or exterior wall will then

impede, interfere with or obstruct traffic or the use of the village

street or highway; provided, further, that such license shall not

confirm any right or claim against such village. In such event the owner

of the property shall be given notice of the proposed action and shall

within the time set forth in the notice, remove such front or exterior

wall from the village street or highway.

9. Upon the abandonment of the building or in the event such building,

because of a lack of care, enters a state of disrepair, the owner

thereof shall remove such front or exterior wall upon notice from the

village.

10. The authority granted to a village pursuant to subdivisions six,

seven, eight and nine of this section may, by local law, be assigned to

any department or agency of the village.

Grant of power. For the purpose of promoting the health,

safety, morals, or the general welfare of the community, the board of

trustees of a village is hereby empowered, by local law, to regulate and

restrict the height, number of stories and size of buildings and other

structures, the percentage of lot that may be occupied, the size of

yards, courts and other open spaces, the density of population, and the

location and use of buildings, structures and land for trade, industry,

residence or other purposes. As a part of the comprehensive plan and

design, the village board is empowered by local law, to regulate and

restrict certain areas as national historic landmarks, special historic

sites, places and buildings for the purpose of conservation, protection,

enhancement and perpetuation of these places of natural heritage. Such

regulations shall provide that a board of appeals may determine and vary

their application in harmony with the general purpose and intent, and in

accordance with general or specific rules therein contained.

Transfer of development rights; definitions; conditions;

procedures. 1. As used in this section:

a. "Development rights" shall mean the rights permitted to a lot,

parcel, or area of land under a zoning law respecting permissible use,

area, density, bulk or height of improvements executed thereon.

Development rights may be calculated and allocated in accordance with

such factors as area, floor area, floor area ratios, density, height

limitations, or any other criteria that will effectively quantify a

value for the development right in a reasonable and uniform manner that

will carry out the objectives of this section.

b. "Receiving district" shall mean one or more designated districts or

areas of land to which development rights generated from one or more

sending districts may be transferred and in which increased development

is permitted to occur by reason of such transfer.

c. "Sending district" shall mean one or more designated districts or

areas of land in which development rights are designated for use in one

or more receiving districts.

d. "Transfer of development rights" shall mean the process by which

development rights are transferred from one lot, parcel, or area of land

in any sending district to another lot, parcel, or area of land in one

or more receiving districts.

2. In addition to existing powers and authorities to regulate by

planning or zoning, including authorization to provide for transfer of

development rights pursuant to other enabling law, a board of trustees

is hereby empowered to provide for transfer of development rights

subject to the conditions hereinafter set forth and such other

conditions as a village board of trustees deems necessary and

appropriate that are consistent with the purposes of this section. The

purpose of providing for transfer of development rights shall be to

protect the natural, scenic or agricultural qualities of open lands, to

enhance sites and areas of special character or special historical,

cultural, aesthetic or economic interest or value, to protect lands at

risk from sea level rise, storm surge or flooding, and to enable and

encourage flexibility of design and careful management of land in

recognition of land as a basic and valuable natural resource. The

conditions hereinabove referred to are as follows:

a. That the transfer of development rights, and the sending and

receiving districts, shall be established in accordance with a

comprehensive master plan within the meaning of section 7-722 of this

article. The sending district from which transfer of development rights

may be authorized shall consist of natural, scenic, recreational,

agricultural or open land or sites of special historical, cultural,

aesthetic or economic values sought to be protected or lands at risk

from sea level rise, storm surge or flooding. Every receiving district,

to which transfer of development rights may be authorized shall have

been found by the board of trustees, after evaluating the effects of

potential increased development which is possible under the transfer of

development rights provisions to contain adequate resources,

environmental quality and public facilities, including adequate

transportation, water supply, waste disposal and fire protection, and

that there will be no significant environmentally damaging consequences

and such increased development is compatible with the development

otherwise permitted by the village and by the federal, state, and county

agencies having jurisdiction to approve permissible development within

the district. A generic environmental impact statement pursuant to the

provisions of article eight of the environmental conservation law shall

be prepared by the village for the receiving district before any such

district, or any sending district, is designated, and such statement

shall be amended from time to time by the village, if there are material

changes in circumstances. Where a transfer of development rights affects

districts in two or more school, special assessment or tax districts, it

may not unreasonably transfer the tax burden between the taxpayers of

such districts. The receiving and sending districts need not be

coterminous with zoning districts.

b. That sending and receiving districts be designated and mapped with

specificity and the procedure for transfer of development rights be

specified. Notwithstanding any other provision of law to the contrary,

environmental quality review pursuant to article eight of the

environmental conservation law for any action in a receiving district

that utilizes development rights shall only require information specific

to the project and site where the action will occur and shall be limited

to review of the environmental impacts of the action, if any, not

adequately reviewed in the generic environmental impact statement.

c. That the burden upon land within a sending district from which

development rights have been transferred shall be documented by an

instrument duly executed by the grantor in the form of a conservation

easement, as defined in title three of article forty-nine of the

environmental conservation law, which burden upon such land shall be

enforceable by the appropriate village in addition to any other person

or entity granted enforcement rights by the terms of the instrument. All

provisions of law applicable to such conservation easements pursuant to

such title shall apply with respect to conservation easements hereunder,

except that the board of trustees may adopt standards pertaining to the

duration of such easements that are more stringent than such standards

promulgated by the department of environmental conservation pursuant to

such title. Upon the designation of any sending district, the board of

trustees shall adopt regulations establishing uniform minimum standards

for instruments creating such easements within the district. Any

development right which has been transferred by conservation easement

shall be evidenced by a certificate of development right which shall be

issued by the village to the transferee in a form suitable for recording

in the registry of deeds for the county where the receiving district is

situated in the manner of other conveyances of interests in land

affecting its title.

d. That within one year after a development right is transferred, the

assessed valuation placed on the affected properties for real property

tax purposes shall be adjusted to reflect the transfer. A development

right which is transferred shall be deemed to be an interest in real

property and the rights evidenced thereby shall inure to the benefit of

the transferee, and his heirs, successors and assigns.

e. That development rights shall be transferred reflecting the normal

market in land, incuding sales between owners of property in sending and

receiving districts, a village may establish a development rights bank

or such other account in which development rights may be retained and

sold in the best interest of the village. Villages shall be authorized

to accept for deposit within the bank gifts, donations, bequests or

other development rights. All receipts and proceeds from sales of

development rights sold by the village shall be deposited in a special

municipal account to be applied against expenditures necessitated by the

municipal development rights program.

f. That prior to designation of sending or receiving disticts, the

legislative body of the village shall evaluate the impact of transfer of

development rights upon the potential development of low or moderate

income housing lost in sending districts and gained in receiving

districts and shall find either there is approximate equivalence between

potential low and moderate housing units lost in the sending district

and gained in the receiving districts or that the village has or will

take reasonable action to compensate for any negative impact upon the

availability or potential development of low or moderate income housing

caused by the transfer of development rights.

3. The board of trustees adopting or amending procedures for transfer

of development rights pursuant to this section shall follow the

procedure for adopting and amending a local law including all provisions

for notice applicable for changes or amendments to a zoning ordinance or

local law.

4. Nothing in this section shall be construed to invalidate any

provision for transfer of development rights heretofore or hereafter

adopted by any local legislative body.

Districts. For any or all of said purposes the board of

trustees may divide the village into districts of such number, shape and

area as may be deemed best suited to carry out the purposes of this

article; and within such districts it may regulate and restrict the

erection, construction, reconstruction, alteration, repair or use of

buildings, structures or land. All such regulations shall be uniform for

each class or kind of buildings throughout each district but the

regulations in one district may differ from those in other districts.

Incentive zoning; definitions, purpose, conditions,

procedures. 1. Definitions. As used in this section:

a. "Incentives or bonuses" shall mean adjustments to the permissible

population density, area, height, open space, use, or other provisions

of a zoning local law for a specific purpose authorized by the village

board of trustees.

b. "Community benefits or amenities" shall mean open space, housing

for persons of low or moderate income, parks, elder care, day care or

other specific physical, social or cultural amenities, or cash in lieu

thereof, of benefit to the residents of the community authorized by the

village board of trustees.

c. "Incentive zoning" shall mean the system by which specific

incentives or bonuses are granted to applicants pursuant to this section

on condition that specific physical, social, or cultural benefits or

amenities would inure to the community.

2. Authority and purposes. In addition to existing powers and

authorities to regulate by planning or zoning, including authorization

to provide for the granting of incentives, or bonuses pursuant to other

enabling law, a village board of trustees is hereby empowered, as part

of a zoning local law adopted pursuant to this article, to provide for a

system of zoning incentives, or bonuses, as the village board of

trustees deems necessary and appropriate consistent with the purposes

and conditions set forth in this section. The purpose of the system of

incentive, or bonus, zoning shall be to advance the village's specific

physical, cultural and social policies in accordance with the village's

comprehensive plan and in coordination with other community planning

mechanisms or land use techniques. The system of zoning incentives or

bonuses shall be in accordance with a comprehensive plan within the

meaning of section 7-704 of this article.

3. Implementation. A system of zoning incentives or bonuses may be

provided subject to the conditions hereinafter set forth.

a. The village board of trustees shall provide for the system of

zoning incentives or bonuses pursuant to this section as part of the

zoning local law. In providing for such system the board shall follow

the procedure for adopting and amending its zoning local law, including

all provisions for notice and public hearing applicable for changes or

amendments to a zoning local law.

b. Each zoning district in which incentives or bonuses may be awarded

under this section shall be designated in the village zoning local law

and shall be incorporated in any map adopted in connection with such

zoning local law or amendment thereto.

c. Each zoning district in which incentives or bonuses may be

authorized shall have been found by the village board of trustees, after

evaluating the effects of any potential incentives which are possible by

virtue of the provision of community amenities, to contain adequate

resources, environmental quality and public facilities, including

adequate transportation, water supply, waste disposal and fire

protection. Further, the village board of trustees shall, in

designating such districts, determine that there will be no significant

environmentally damaging consequences and that such incentives or

bonuses are compatible with the development otherwise permitted.

d. A generic environmental impact statement pursuant to article eight

of the environmental conservation law and regulations adopted by the

department of environmental conservation shall be prepared by the

village board of trustees for any zoning district in which the granting

of incentives or bonuses may have significant effect on the environment

before any such district is designated, and such statement shall be

supplemented from time to time by the village board of trustees if there

are material changes in circumstances that may result in significant

adverse impacts. Any zoning local law enacted pursuant to this section

shall provide that any applicant for incentives or bonuses shall pay a

proportionate share of the cost of preparing such environmental impact

statement, and that such charge shall be added to any site-specific

charge made pursuant to the provisions of section 8-0109 of the

environmental conservation law.

e. The village board of trustees shall set forth the procedure by

which incentives may be provided to specific lands. Such procedure shall

describe:

(1) the incentives, or bonuses, which may be granted by the village to

the applicant;

(2) the community benefits or amenities which may be accepted from the

applicant by the village;

(3) criteria for approval, including methods required for determining

the adequacy of community amenities to be accepted from the applicant in

exchange for the particular bonus or incentive to be granted to the

applicant by the village;

(4) the procedure for obtaining bonuses, including applications and

the review process, and the imposition of terms and conditions attached

to any approval; and

(5) provision for a public hearing, if such public hearing is required

as part of a zoning ordinance or local law adopted pursuant to this

section and give public notice thereof by the publication in the

official newspaper of such hearing at least five days prior to the date

thereof.

f. All other requirements of article eight of the environmental

conservation law shall be complied with by project sponsors for actions

in areas for which a generic environmental impact statement has been

prepared including preparation of an environmental assessment form and a

supplemental environmental impact statement, if necessary.

g. Prior to the adoption or amendment of the zoning local law pursuant

to this section to establish a system of zoning incentives or bonuses

the village board shall evaluate the impact of the provision of such

system of zoning incentives or bonuses upon the potential development of

affordable housing gained by the provision of any such incentive or

bonus afforded to an applicant or lost in the provision by an applicant

of any community amenity to the village. Further, the village board of

trustees shall determine that there is approximate equivalence between

potential affordable housing lost or gained or that the village has or

will take reasonable action to compensate for any negative impact upon

the availability or potential development of affordable housing caused

by the provisions of this section.

h. If the village board of trustees determines that a suitable

community benefit or amenity is not immediately feasible, or otherwise

not practical, the board may require, in lieu thereof, a payment to the

village of a sum to be determined by the board. If cash is accepted in

lieu of other community benefit or amenity, provisions shall be made for

such sum to be deposited in a trust fund to be used by the village board

of trustees exclusively for specific community benefits authorized by

the village board of trustees.

4. Nothing in this section shall be construed to invalidate any

provision for incentives or bonuses heretofore adopted by any village

board of trustees.

Planned unit development zoning districts. A village

legislative body is hereby authorized to enact, as part of its zoning

local law, procedures and requirements for the establishment and mapping

of planned unit development zoning districts. Planned unit development

district regulations are intended to provide for residential,

commercial, industrial or other land uses, or a mix thereof, in which

economies of scale, creative architectural or planning concepts and open

space preservation may be achieved by a developer in furtherance of the

village comprehensive plan and zoning local law.

Purposes in view. Such regulations shall be made in accordance

with a comprehensive plan and designed to lessen congestion in the

streets; to secure safety from fire, panic, floods and other dangers; to

promote health and the general welfare; to provide adequate light and

air; to prevent the overcrowding of land; to avoid undue concentration

of population; to make provision for, so far as conditions may permit,

the accommodation of solar thermal, photovoltaics, wind, hydroelectric,

geothermal electric, geothermal ground source heat, tidal energy, wave

energy, ocean thermal, farm waste electric generating equipment as

defined in paragraph (e) of subdivision one of section sixty-six-j of

the public service law and fuel cells; to facilitate the adequate

provision of transportation, water, sewerage, schools, parks and other

public requirements. Such regulations shall be made with reasonable

consideration, among other things, as to the character of the district

and its peculiar suitability for particular uses, and with a view to

conserving the value of buildings and encouraging the most appropriate

use of land throughout such municipality.

Method of procedure. 1. The board of trustees shall provide

for the manner in which such regulations, restrictions and the

boundaries of such districts including any amendments thereto shall be

determined, established and enforced. However, no such regulations,

restrictions or boundaries shall become effective until after a public

hearing in relation thereto, at which the public shall have an

opportunity to be heard. At least ten days notice of the time and place

of such hearing shall be published in a paper of general circulation in

such village.

2. Service of written notice. At least ten days prior to the date of

the public hearing, written notice of any proposed regulations,

restrictions or boundaries of such districts, including amendments

thereto, affecting property within five hundred feet of the following

shall be served personally or by mail by the village upon each person or

persons as listed below:

(a) the property of the housing authority erecting or owning a housing

project authorized under the public housing law; upon the executive

director of such housing authority and the chief executive officer of

the municipality providing financial assistance thereto;

(b) the boundary of a city, village or town; upon the clerk thereof;

(c) the boundary of a county; upon the clerk of the board of

supervisors or other person performing like duties;

(d) the boundary of a state park or parkway; upon the regional state

park commission having jurisdiction over such state park or parkway.

3. Public hearing. The public, including those served notice pursuant

to subdivision two of this section, shall have the opportunity to be

heard at the public hearing. Those parties set forth in paragraphs (a),

(b), (c) and (d) of subdivision two of this section, however, shall not

have the right of review by a court as hereinafter provided.

4. Additional requirements. The procedural requirements set forth

herein shall be in addition to the requirements of the provisions of

sections two hundred thirty-nine-l and two hundred thirty-nine-m of the

general municipal law relating to review by a county planning board or

agency or regional planning council; the provisions of the state

environmental quality review act under article eight of the

environmental conservation law and its implementing regulations which

are codified in part six hundred seventeen of title six of the New York

codes, rules and regulations and any other general laws relating to land

use and any amendments thereto.

5. Filing. Every zoning law and every amendment thereto (excluding any

map incorporated therein) adopted pursuant to the provisions of this

chapter shall be entered in the minutes of the village board and a copy,

summary or abstract thereof (exclusive of any map incorporated therein)

shall be published once in the official newspaper and a copy of such

local law or amendment together with a summary or abstract of any map

incorporated therein shall be posted conspicuously at or near the main

entrance to the office of the village clerk and affidavits of the

publication and posting thereof shall be filed with the village clerk.

Such minutes shall describe and refer to any map adopted in connection

with such local law or amendment.

6. Map. Each village clerk shall maintain every map adopted in

connection with a zoning local law or amendment.

7. Effective date. Such local law shall take effect upon filing in the

office of the secretary of state, but such local law or amendment shall

take effect from the date of its service as against a person served

personally with a copy thereof, certified by the village clerk; and

showing the date of its passage and entry in the minutes.

Changes. Such regulations, restrictions and boundaries may

from time to time be amended. An amendment shall be effected by a simple

majority vote of the board of trustees, except that an amendment shall

require the approval of at least two-thirds of the members of the board

of trustees in villages having three members on such board, and

three-fourths of the members of the board of trustees in all the other

villages in the event such amendment is the subject of a written

protest, presented to the board and signed by:

1. the owners of twenty percent or more of the area of land included

in such proposed change; or

2. the owners of twenty percent or more of the area of land

immediately adjacent to that land included in such proposed change,

extending one hundred feet therefrom; or

3. the owners of twenty percent or more of the area of land directly

opposite thereto, extending one hundred feet from the street frontage of

such opposite land.

The provisions of the previous section relative to public hearings

shall apply equally to all proposed amendments.

Exemption of lots shown on approved subdivision plats. 1.

Notwithstanding any inconsistent provision of this chapter or of any

general, special or local law, the provisions of a zoning local law

hereafter adopted, or of a change or amendment thereto, which

provisions:

(a) establish or increase lot areas or lot dimensions which are in

excess of the areas or dimensions of the lots shown and delineated on a

residential subdivision plat which has been duly approved by the

planning board, or other board or officer vested with authority to

approve subdivision plats, if any, of the village in which the land

shown on said plat is situate, and duly filed in the office of the

recording officer of the county in which the land shown on said

subdivision plat is situate; or

(b) establish or increase side, rear or front yard or set back

requirements in excess of those applicable to lots under the provisions

of the zoning ordinance or local law, if any, in force and effect at the

time of the filing of said duly approved residential subdivision plat or

first section thereof;

shall not, for the period of time prescribed in subdivision two of

this section, be applicable to or in any way affect any of the lots

shown and delineated on such subdivision plat.

2. If at the time of the filing of the subdivision plat or first

section thereof referred to in subdivision one of this section there was

in the village:

(a) both a zoning ordinance or local law and a planning board vested

with authority to approve subdivision plats, then the exemption provided

for in subdivision one of this section shall apply for a period of three

years after the filing of the approved subdivision plat or first section

thereof; or

(b) a zoning ordinance or local law in effect in the village but there

was no planning board in said village vested with authority to approve

subdivision plats, then the exemption provided for in subdivision one of

this section shall apply for a period of two years after the filing of

the approved subdivision plat or first section thereof; or

(c) no zoning ordinance or local law in the village but there was a

planning board vested with authority to approve subdivision plats, then

the exemption provided for in subdivision one of this section shall

apply for a period of two years after the filing of the approved

subdivision plat or first section thereof; or

(d) no zoning ordinance or local law in the village and no planning

board vested with authority to approve subdivision plats, then the

exemption provided for in subdivision one of this section shall apply

for a period of one year after the filing of the subdivision plat or

first section thereof.

Adoption of first zoning local law. 1. In order to avail

itself of the powers conferred by this article, the board of trustees of

any village shall appoint a commission to be known as the zoning

commission to recommend the boundaries of the various original districts

and appropriate regulations to be enforced therein.

2. Where a planning board already exists in the village, it may be

appointed as the zoning commission.

3. Such commission shall make a preliminary report and hold one or

more public hearings thereon as deemed appropriate by the commission

before submitting its final report.

4. The board of trustees shall not hold its public hearing, or take

action, until it has received the final report of such commission.

5. Upon adoption of a resolution by the board of trustees of the

village accepting the final report, such commission shall cease to exist

as a separate body.

Zoning board of appeals. 1. Definitions. As used in this

section:

(a) "Use variance" shall mean the authorization by the zoning board of

appeals for the use of land for a purpose which is otherwise not allowed

or is prohibited by the applicable zoning regulations.

(b) "Area variance" shall mean the authorization by the zoning board

of appeals for the use of land in a manner which is not allowed by the

dimensional or physical requirements of the applicable zoning

regulations.

2. Appointment of members. Each village board of trustees which adopts

a local law and any amendments thereto pursuant to the powers granted by

this article shall create a board of appeals consisting of three or five

members as shall be determined by such local law. The mayor shall

appoint the board of appeals and the chairperson thereof, subject to the

approval of the board of trustees. In the absence of a chairperson the

board of appeals may designate a member to serve as acting chairperson.

The board of trustees may provide for compensation to be paid to

experts, clerks and a secretary and provide for such other expenses as

may be necessary and proper, not exceeding the appropriation made by the

board of trustees for such purpose.

3. Board of trustees ineligible. No person who is a member of the

village board of trustees shall be eligible for membership on such board

of appeals.

4. Terms of members first appointed. In the creation of a new board of

appeals, or the reestablishment of terms of an existing board, the

appointment of members to the board shall be of terms so fixed that one

member's term shall expire at the end of the village official year in

which such members were initially appointed. The remaining members'

terms shall be so fixed that one member's term shall expire at the end

of each official year thereafter. At the expiration of each original

member's appointment, the replacement member shall be appointed by the

board of trustees for a term which shall be equal in years to the number

of members of the board.

5. Terms of members now in office. Members now holding office for

terms which do not expire at the end of a year shall, upon the

expiration of their term, hold office until the end of the year and

their successors shall then be appointed for terms which shall be equal

in years to the number of members of the board.

6. Increasing membership. Any board of trustees may, by local law,

increase a three member board of appeals to five members. Additional

members shall be first appointed for single terms as provided by

resolution in order that the terms of members shall expire in each of

five successive years and their successors shall thereafter be appointed

for full terms of five years. No such additional member shall take part

in the consideration of any matter for which an application was on file

with the board of appeals at the time of his or her appointment.

7. Decreasing membership. A board of trustees which has increased the

number of members of the board of appeals to five may, by local law,

decrease the number of members of the board of appeals to three to take

effect upon the next two expirations of terms.

7-a. Training and attendance requirements. (a) Each member of the

board of appeals shall complete, at a minimum, four hours of training

each year designed to enable such members to more effectively carry out

their duties. Training received by a member in excess of four hours in

any one year may be carried over by the member into succeeding years in

order to meet the requirements of this subdivision. Such training shall

be approved by the board of trustees and may include, but not be limited

to, training provided by a municipality, regional or county planning

office or commission, county planning federation, state agency,

statewide municipal association, college or other similar entity.

Training may be provided in a variety of formats, including but not

limited to, electronic media, video, distance learning and traditional

classroom training.

(b) To be eligible for reappointment to such board, such member shall

have completed the training promoted by the village pursuant to this

subdivision.

(c) The training required by this subdivision may be waived or

modified by resolution of the board of trustees when, in the judgment of

the board of trustees, it is in the best interest of the village to do

so.

(d) No decision of a board of appeals shall be voided or declared

invalid because of a failure to comply with this subdivision.

8. Vacancy in office. If a vacancy shall occur otherwise than by

expiration of term, the mayor shall appoint the new member for the

unexpired term.

9. Removal of members. The mayor shall have the power to remove, after

public hearing, any member of the zoning board of appeals for cause. Any

zoning board of appeals member may be removed for non-compliance with

minimum requirements relating to meeting attendance and training as

established by the village board of trustees by local law.

10. Chairperson duties. All meetings of the board of appeals shall be

held at the call of the chairperson and at such other times as such

board may determine. Such chairperson, or in his or her absence, the

acting chairperson, may administer oaths and compel the attendance of

witnesses.

11. Alternate members. a. A village board of trustees may, by local

law or as a part of the local law creating the zoning board of appeals,

establish alternate zoning board of appeals member positions for

purposes of substituting for a member in the event such member is unable

to participate because of a conflict of interest. Alternate members of

the zoning board of appeals shall be appointed by the mayor, subject to

the approval of the board of trustees, for terms established by the

village board of trustees.

b. The chairperson of the zoning board of appeals may designate an

alternate member to substitute for a member when such member is unable

to participate because of a conflict of interest on an application or

matter before the board. When so designated, the alternate member shall

possess all the powers and responsibilities of such member of the board.

Such designation shall be entered into the minutes of the initial zoning

board of appeals meeting at which the substitution is made.

c. All provisions of this section relating to zoning board of appeals

member training and continuing education, attendance, conflict of

interest, compensation, eligibility, vacancy in office, removal, and

service on other boards, shall also apply to alternate members.

Board of appeals procedure. 1. Meetings, minutes, records.

Meetings of such board of appeals shall be open to the public to the

extent provided in article seven of the public officers law. Such board

of appeals shall keep minutes of its proceedings, showing the vote of

each member upon every question, or if absent or failing to vote,

indicating such fact, and shall also keep records of its examinations

and other official actions.

2. Filing requirements. Every rule, regulation, every amendment or

repeal thereof, and every order, requirement, decision or determination

of the board of appeals shall be filed in the office of the village

clerk within five business days and shall be a public record.

3. Assistance to board of appeals. Such board shall have the authority

to call upon any department, agency or employee of the village for such

assistance as shall be deemed necessary and as shall be authorized by

the village board of trustees. Such department, agency or employee may

be reimbursed for any expenses incurred as a result of such assistance.

4. Hearing appeals. Unless otherwise provided by local law, the

jurisdiction of the board of appeals shall be appellate only and shall

be limited to hearing and deciding appeals from and reviewing any order,

requirement, decision, interpretation, or determination made by the

administrative official charged with the enforcement of any local law

adopted pursuant to this article. Such appeal may be taken by any person

aggrieved, or by an officer, department, board or bureau of the village.

5. Filing of administrative decision and time of appeal. (a) Each

order, requirement, decision, interpretation or determination of the

administrative official charged with the enforcement of the zoning local

law shall be filed in the office of such administrative official within

five business days from the day it is rendered, and shall be a public

record. Alternately, the village board of trustees may, by resolution,

require that such filings instead be made in the village clerk's office.

(b) An appeal shall be taken within sixty days after the filing of any

order, requirement, decision, interpretation or determination of the

administrative official, by filing with such administrative official and

with the board of appeals a notice of appeal, specifying the grounds

thereof and the relief sought. The administrative official from whom the

appeal is taken shall forthwith transmit to the board of appeals all the

papers constituting the record upon which the action appealed from was

taken.

6. Stay upon appeal. An appeal shall stay all proceedings in

furtherance of the action appealed from, unless the administrative

official charged with the enforcement of such local law, from whom the

appeal is taken, certifies to the board of appeals, after the notice of

appeal shall have been filed with the administrative official, that by

reason of facts stated in the certificate a stay would, in his or her

opinion, cause imminent peril to life or property, in which case

proceedings shall not be stayed otherwise than by a restraining order

which may be granted by the board of appeals or by a court of record on

application, on notice to the administrative official from whom the

appeal is taken and on due cause shown.

7. Hearing on appeal. The board of appeals shall fix a reasonable time

for the hearing of the appeal or other matter referred to it and give

public notice of such hearing by publication in a paper of general

circulation in the village at least five days prior to the date thereof.

The cost of sending or publishing any notices relating to such appeal,

or a reasonable fee relating thereto, shall be borne by the appealing

party and shall be paid to the board prior to the hearing of such

appeal. Upon the hearing, any party may appear in person, or by agent or

attorney.

8. Time of decision. The board of appeals shall decide upon the appeal

within sixty-two days after the conduct of said hearing. The time within

which the board of appeals must render its decision may be extended by

mutual consent of the applicant and the board.

9. Filing of decision and notice. The decision of the board of appeals

on the appeal shall be filed in the office of the village clerk within

five business days after the day such decision is rendered, and a copy

thereof mailed to the applicant.

10. Notice to park commission and county planning board or agency or

regional planning council. At least five days before such hearing, the

board of appeals shall mail notices thereof to the parties, to the

regional state park commission having jurisdiction over any state park

or parkway within five hundred feet of the property affected by such

appeal and to the county planning board or agency or regional planning

council as required by section two hundred thirty-nine-m of the general

municipal law, which notice shall be accompanied by a full statement of

such proposed action, as defined in subdivision one of section two

hundred thirty-nine-m of the general municipal law.

11. Compliance with state environmental quality review act. The board

of appeals shall comply with the provisions of the state environmental

quality review act under article eight of the environmental conservation

law and its implementing regulations as codified in title six, part six

hundred seventeen of the New York codes, rules and regulations.

12. Rehearing. A motion for the zoning board of appeals to hold a

rehearing to review any order, decision or determination of the board

not previously reheard may be made by any member of the board. A

unanimous vote of all members of the board then present is required for

such rehearing to occur. Such rehearing is subject to the same notice

provisions as an original hearing. Upon such rehearing the board may

reverse, modify or annul its original order, decision or determination

upon the unanimous vote of all members then present, provided the board

finds that the rights vested in persons acting in good faith in reliance

upon the reheard order, decision or determination will not be prejudiced

thereby.

13. Voting requirements. (a) Decision of the board. Except as

otherwise provided in subdivision twelve of this section, every motion

or resolution of a board of appeals shall require for its adoption the

affirmative vote of a majority of all the members of the board of

appeals as fully constituted regardless of vacancies or absences. Where

an action is the subject of a referral to the county planning agency or

regional planning council the voting provisions of section two hundred

thirty-nine-m of the general municipal law shall apply.

(b) Default denial of appeal. In exercising its appellate jurisdiction

only, if an affirmative vote of a majority of all members of the board

is not attained on a motion or resolution to grant a variance or reverse

any order, requirement, decision or determination of the enforcement

official within the time allowed by subdivision eight of this section,

the appeal is denied. The board may amend the failed motion or

resolution and vote on the amended motion or resolution within the time

allowed without being subject to the rehearing process as set forth in

subdivision twelve of this section.

Permitted action by board of appeals. 1. Orders,

requirements, decisions, interpretations, determinations. The board of

appeals may reverse or affirm, wholly or partly, or may modify the

order, requirement, decision, interpretation or determination appealed

from and shall make such order, requirement, decision, interpretation or

determination as in its opinion ought to have been made in the matter by

the administrative official charged with the enforcement of such local

law and to that end shall have all the powers of the administrative

official from whose order, requirement, decision, interpretation or

determination the appeal is taken.

2. Use variances. (a) The board of appeals, on appeal from the

decision or determination of the administrative officer charged with the

enforcement of such local law, shall have the power to grant use

variances, as defined herein.

(b) No such use variance shall be granted by a board of appeals

without a showing by the applicant that applicable zoning regulations

and restrictions have caused unnecessary hardship. In order to prove

such unnecessary hardship the applicant shall demonstrate to the board

of appeals that for each and every permitted use under the zoning

regulations for the particular district where the property is located,

(1) the applicant cannot realize a reasonable return, provided that lack

of return is substantial as demonstrated by competent financial

evidence; (2) that the alleged hardship relating to the property in

question is unique, and does not apply to a substantial portion of the

district or neighborhood; (3) that the requested use variance, if

granted, will not alter the essential character of the neighborhood; and

(4) that the alleged hardship has not been self-created.

(c) The board of appeals, in the granting of use variances, shall

grant the minimum variance that it shall deem necessary and adequate to

address the unnecessary hardship proved by the applicant, and at the

same time preserve and protect the character of the neighborhood and the

health, safety and welfare of the community.

3. Area variances. (a) The zoning board of appeals shall have the

power, upon an appeal from a decision or determination of the

administrative official charged with the enforcement of such local law,

to grant area variances as defined herein.

(b) In making its determination, the zoning board of appeals shall

take into consideration the benefit to the applicant if the variance is

granted, as weighed against the detriment to the health, safety and

welfare of the neighborhood or community by such grant. In making such

determination the board shall also consider: (1) whether an undesirable

change will be produced in the character of the neighborhood or a

detriment to nearby properties will be created by the granting of the

area variance; (2) whether the benefit sought by the applicant can be

achieved by some method, feasible for the applicant to pursue, other

than an area variance; (3) whether the requested area variance is

substantial; (4) whether the proposed variance will have an adverse

effect or impact on the physical or environmental conditions in the

neighborhood or district; and (5) whether the alleged difficulty was

self-created; which consideration shall be relevant to the decision of

the board of appeals, but shall not necessarily preclude the granting of

the area variance.

(c) The board of appeals, in the granting of area variances, shall

grant the minimum variance that it shall deem necessary and adequate and

at the same time preserve and protect the character of the neighborhood

and the health, safety and welfare of the community.

4. Imposition of conditions. The board of appeals shall, in the

granting of both use variances and area variances, have the authority to

impose such reasonable conditions and restrictions as are directly

related to and incidental to the proposed use of the property. Such

conditions shall be consistent with the spirit and intent of the zoning

local law, and shall be imposed for the purpose of minimizing any

adverse impact such variance may have on the neighborhood or community.

Article seventy-eight proceeding. 1. Application to supreme

court by aggrieved persons. Any person or persons, jointly or severally

aggrieved by any decision of the board of appeals or any officer,

department, board or bureau of the village, may apply to the supreme

court for review by a proceeding under article seventy-eight of the

civil practice law and rules. Such proceeding shall be instituted within

thirty days after the filing of a decision of the board in the office of

the village clerk.

2. Costs of appeal. Costs shall not be allowed against the board of

appeals unless it shall appear to the court that it acted with gross

negligence or in bad faith or with malice in making the decision

appealed from.

3. Preference of appeal to court. All issues in any proceeding under

this section shall have preference over all other civil actions and

proceedings.

4. Power of court. If upon the hearing at the supreme court, it shall

appear to the court that testimony is necessary for the proper

disposition of the matter, it may take evidence or appoint a referee to

take such evidence as it may direct and report the same to the court

with his or her findings of fact and conclusions of law, which shall

constitute a part of the proceedings upon which the determination of the

court shall be made. The court may reverse or affirm, wholly or partly,

or may modify the decision brought up for review determining all

questions which may be presented for determination.

Remedies. In case any building or structure is erected,

constructed, reconstructed, altered, repaired, converted, or maintained;

or any building, structure or land is used, or any land is divided into

lots, blocks or sites in violation of this act, or of any local law or

other regulation made under authority conferred thereby, the proper

local authorities of the village, in addition to other remedies, may

institute any appropriate action or proceedings to prevent such unlawful

erection, construction, reconstruction, alteration, repair, conversion,

maintenance, use or division of land, to restrain, correct or abate such

violation, to prevent the occupancy of said building, structure or land

or to prevent any illegal act, conduct, business or use in or about such

premises. All issues in any action or proceeding for any of the purposes

herein stated shall have preference over all other civil actions and

proceedings.

Conflict with other laws. Wherever the regulations made under

authority of this act require a greater width of size of yards or

courts, or require a lower height of building or less number of stories,

or require a greater percentage of lot to be left unoccupied, or impose

other higher standards than are required in any other statute or local

law or regulation, the provisions of the regulations made under

authority of this act shall govern. Wherever the provisions of any other

statute or local ordinance or regulation require a greater width or size

of yards or courts, or require a lower height of building or a less

number of stories, or require a greater percentage of lot to be left

unoccupied, or impose other higher standards than are required by the

regulations made under authority of this act, the provisions of such

statute, or local ordinance or regulation shall govern.

Planning board; creation, appointment. 1. Authorization. The

village board of trustees of each village is hereby authorized by local

law to create a planning board consisting of five or seven members.

Members and the chairperson of such planning board shall be appointed by

the mayor subject to the approval of the board of trustees. In the

absence of a chairperson the planning board may designate a member to

serve as chairperson. The village board of trustees may, as part of the

local law creating said planning board, provide for the compensation of

planning board members.

2. Appropriation for planning board. The village board of trustees is

hereby authorized and empowered to make such appropriation as it may see

fit for planning board expenses. The planning board shall have the power

and authority to employ experts, clerks and a secretary and to pay for

their services, and to provide for such other expenses as may be

necessary and proper, not exceeding in all the appropriation that may be

made therefor by the village board of trustees for such planning board.

3. Village board of trustees ineligible. No person who is a member of

the village board of trustees shall be eligible for membership on such

planning board.

4. Terms of members first appointed. The terms of members of the

planning board first appointed shall be so fixed that the term of one

member shall expire at the end of the village official year in which

such members were initially appointed. The terms of the remaining

members first appointed shall be so fixed that one term shall expire at

the end of each official year thereafter. At the expiration of the term

of each member first appointed, his or her successor shall be appointed

for a term which shall be equal in years to the number of members of the

board.

5. Terms of members now in office. Members now holding office for

terms which do not expire at the end of the village official year shall,

upon the expiration of their term, hold office until the end of the

village official year and their successors shall then be appointed for

terms which shall be equal in years to the number of members of the

board.

6. Increasing membership. Any village board of trustees may, by local

law, increase a five member planning board to seven members. Additional

members shall be first appointed for single terms in order that the

terms of members shall expire in each of seven successive years and

their successors shall thereafter be appointed for full terms of seven

years. No such additional member shall take part in the consideration of

any matter for which an application was on file with the planning board

at the time of his or her appointment.

7. Decreasing membership. A village board of trustees which has seven

members on the planning board may, by local law, decrease the membership

to five, to take effect upon the next two expirations of terms. However,

no incumbent shall be removed from office except upon the expiration of

his or her term, except as hereinafter provided.

7-a. Training and attendance requirements. a. Each member of the

planning board shall complete, at a minimum, four hours of training each

year designed to enable such members to more effectively carry out their

duties. Training received by a member in excess of four hours in any one

year may be carried over by the member into succeeding years in order to

meet the requirements of this subdivision. Such training shall be

approved by the board of trustees and may include, but not be limited

to, training provided by a municipality, regional or county planning

office or commission, county planning federation, state agency,

statewide municipal association, college or other similar entity.

Training may be provided in a variety of formats, including but not

limited to, electronic media, video, distance learning and traditional

classroom training.

b. To be eligible for reappointment to such board, such member shall

have completed the training promoted by the village pursuant to this

subdivision.

c. The training required by this subdivision may be waived or modified

by resolution of the board of trustees when, in the judgment of the

board of trustees, it is in the best interest of the village to do so.

d. No decision of a planning board shall be voided or declared invalid

because of a failure to comply with this subdivision.

8. Vacancy in office. If a vacancy shall occur otherwise than by

expiration of term, the mayor shall appoint the new member for the

unexpired term.

9. Removal of members. The mayor shall have the power to remove, after

public hearing, any member of the planning board for cause. Any planning

board member may be removed for non-compliance with minimum requirements

relating to meeting attendance and training as established by the

village board of trustees by local law.

10. Chairperson duties. All meetings of the planning board shall be

held at the call of the chairperson and at such other times as such

board may determine. Such chairperson, or in his or her absence, the

acting chairperson, may administer oaths and compel the attendance of

witnesses.

11. Appointment of agricultural member. Notwithstanding any provisions

of this chapter or any general, special or local law, the mayor may, if

an agricultural district created pursuant to section three hundred three

of article twenty-five-AA of the agriculture and markets law exists

wholly or partly within the boundaries of such village, include on the

planning board one or more members each of whom derives ten thousand

dollars or more annual gross income from agricultural pursuits in said

village. As used in this subdivision, the term "agricultural pursuits"

means the production of crops, livestock and livestock products,

aquacultural products, and woodland products as defined in section three

hundred one of the agriculture and markets law.

12. Service on other planning boards. No person shall be disqualified

from serving as a member of the village planning board by reason of

serving as a member of the town or county planning board.

13. Rules and regulations. The planning board may recommend to the

village board of trustees regulations relating to any subject matter

over which the planning board has jurisdiction under this article or any

other statute, or under any local law of the village. Adoption of any

such recommendations by the village board of trustees shall be by local

law.

14. Report on referred matters; general reports. a. The village board

of trustees may by resolution provide for the reference of any matter or

class of matters, other than those referred to in subdivision ten of

this section, to the planning board before final action is taken thereon

by the village board of trustees or other office or officer of said

village having final authority over said matter. The village board of

trustees may further stipulate that final action thereon shall not be

taken until the planning board has submitted its report thereon, or has

had a reasonable time, to be fixed by the village board of trustees in

said resolution, to submit the report.

b. The planning board may review and make recommendations on a

proposed village comprehensive plan or amendment thereto. In addition,

the planning board shall have the full power and authority to make

investigations, maps, reports, and recommendations in connection

therewith relating to the planning and development of the village as it

seems desirable, providing the total expenditures of said board shall

not exceed the appropriation provided therefor.

15. Planning commission. In any village in which there is a planning

commission created under article twelve-A of the general municipal law,

the board of trustees, instead of authorizing the appointment of a

planning board under this article, may provide that the existing

commission shall continue, the members thereof thereafter to be

appointed in accordance with the provisions of such article twelve-A,

and to have the powers and duties as specified for a planning board

appointed under this article, provided, however, that in such village

section two hundred thirty-eight of the general municipal law shall not

be in force.

16. Alternate members. a. A village board of trustees may, by local

law or as a part of the local law creating the planning board, establish

alternate planning board member positions for purposes of substituting

for a member in the event such member is unable to participate because

of a conflict of interest. Alternate members of the planning board shall

be appointed by the mayor, subject to the approval of the board of

trustees, for terms established by the village board of trustees.

b. The chairperson of the planning board may designate an alternate

member to substitute for a member when such member is unable to

participate because of a conflict of interest on an application or

matter before the board. When so designated, the alternate member shall

possess all the powers and responsibilities of such member of the board.

Such designation shall be entered into the minutes of the initial

planning board meeting at which the substitution is made.

c. All provisions of this section relating to planning board member

training and continuing education, attendance, conflict of interest,

compensation, eligibility, vacancy in office, removal, and service on

other boards, shall also apply to alternate members.

17. Voting requirements. Every motion or resolution of a planning

board shall require for its adoption the affirmative vote of a majority

of all the members of the planning board. Where an action is the subject

of a referral to the county planning agency or regional planning council

the voting provisions of sections two hundred thirty-nine-m and two

hundred thirty-nine-n of the general municipal law shall apply.

Village comprehensive plan. 1. Legislative findings and

intent. The legislature hereby finds and determines that:

(a) Significant decisions and actions affecting the immediate and

long-range protection, enhancement, growth and development of the state

and its communities are made by local governments.

(b) Among the most important powers and duties granted by the

legislature to a village government is the authority and responsibility

to undertake village comprehensive planning and to regulate land use for

the purpose of protecting the public health, safety and general welfare

of its citizens.

(c) The development and enactment by the village government of a

village comprehensive plan which can be readily identified, and is

available for the public, is in the best interest of the people of each

village.

(d) The great diversity of resources and conditions that exist within

and among the villages of the state compels the consideration of such

diversity in the development of each village comprehensive plan.

(e) The participation of citizens in an open, responsible and flexible

planning process is essential to the designing of the optimum

comprehensive plan.

(f) The village comprehensive plan is a means to promote the health,

safety and general welfare of the people of the village and to give due

consideration to the needs of the people of the region of which the

village is a part.

(g) The comprehensive plan fosters cooperation among governmental

agencies planning and implementing capital projects and municipalities

that may be directly affected thereby.

(h) It is the intent of the legislature to encourage, but not to

require, the preparation and adoption of a comprehensive plan pursuant

to this section. Nothing herein shall be deemed to affect that status or

validity of existing master plans, comprehensive plans, or land use

plans.

2. Definitions. As used in this section, the term:

(a) "village comprehensive plan" means the materials, written and/or

graphic, including but not limited to maps, charts, studies,

resolutions, reports and other descriptive material that identify the

goals, objectives, principles, guidelines, policies, standards, devices

and instruments for the immediate and long-range protection,

enhancement, growth and development of the village.

(b) "land use regulation" means an ordinance or local law enacted by

the village for the regulation of any aspect of land use and community

resource protection and includes any zoning, subdivision, special use

permit or site plan regulation or any other regulation which prescribes

the appropriate use of property or the scale, location and intensity of

development.

(c) "special board" means a board consisting of one or more members of

the planning board and such other members as are appointed by the

village board of trustees to prepare a proposed comprehensive plan

and/or an amendment thereto.

3. Content of a village comprehensive plan. The village comprehensive

plan may include the following topics at the level of detail adapted to

the special requirements of the village:

(a) General statements of goals, objectives, principles, policies, and

standards upon which proposals for the immediate and long-range

enhancement, growth and development of the village are based.

(b) Consideration of regional needs and the official plans of other

government units and agencies within the region.

(c) The existing and proposed location and intensity of land uses.

(d) Consideration of agricultural uses, historic and cultural

resources, coastal and natural resources and sensitive environmental

areas.

(e) Consideration of population, demographic and socio-economic trends

and future projections.

(f) The location and types of transportation facilities.

(g) Existing and proposed general location of public and private

utilities and infrastructure.

(h) Existing housing resources and future housing needs, including

affordable housing.

(i) The present and future general location of educational and

cultural facilities, historic sites, health facilities and facilities

for emergency services.

(j) Existing and proposed recreation facilities and parkland.

(k) The present and potential future general location of commercial

and industrial facilities.

(l) Specific policies and strategies for improving the local economy

in coordination with other plan topics.

(m) Proposed measures, programs, devices, and instruments to implement

the goals and objectives of the various topics within the comprehensive

plan.

(n) All or part of the plan of another public agency.

(o) Any and all other items which are consistent with the orderly

growth and development of the village.

4. Preparation. The village board of trustees, or by resolution of

such village board of trustees, the planning board or a special board,

may prepare a proposed village comprehensive plan and amendments

thereto. In the event the planning board or special board is directed to

prepare a proposed comprehensive plan or amendment thereto, such board

shall, by resolution, recommend such proposed plan or amendment to the

village board of trustees.

5. Referrals. (a) Any proposed comprehensive plan or amendment thereto

that is prepared by the village board of trustees or a special board may

be referred to the village planning board for review and recommendation

before action by the village board of trustees.

(b) The village board of trustees shall, prior to adoption, refer the

proposed comprehensive plan or any amendment thereto to the county

planning board or agency or regional planning council for review and

recommendation as required by section two hundred thirty-nine-m of the

general municipal law. In the event the proposed plan or amendment

thereto is prepared by the village planning board or a special board,

such board may request comment on such proposed plan or amendment from

the county planning board or agency or regional planning council.

6. Public hearings; notice. (a) In the event the village board of

trustees prepares a proposed village comprehensive plan or amendment

thereto, the village board of trustees shall hold one or more public

hearings and such other meetings as it deems necessary to assure full

opportunity for citizen participation in the preparation of such

proposed plan or amendment, and in addition, the village board of

trustees shall hold one or more public hearings prior to adoption of

such proposed plan or amendment.

(b) In the event the village board of trustees has directed the

planning board or a special board to prepare a proposed comprehensive

plan or amendment thereto, the board preparing the plan shall hold one

or more public hearings and such other meetings as it deems necessary to

assure full opportunity for citizen participation in the preparation of

such proposed plan or amendment. The village board of trustees shall,

within ninety days of receiving the planning board or special board's

recommendations on such proposed plan or amendment, and prior to

adoption of such proposed plan or amendment, hold a public hearing on

such proposed plan or amendment.

(c) Notice of a public hearing shall be published in a newspaper of

general circulation in the village at least ten calendar days in advance

of the hearing. The proposed comprehensive plan or amendment thereto

shall be made available for public review during said period at the

office of the village clerk and may be made available at any other

place, including a public library.

7. Adoption. The village board of trustees may adopt by resolution a

village comprehensive plan or any amendment thereto.

8. Environmental review. A village comprehensive plan, and any

amendment thereto, is subject to the provisions of the state

environmental quality review act under article eight of the

environmental conservation law and its implementing regulations. A

village comprehensive plan may be designed to also serve as, or be

accompanied by, a generic environmental impact statement pursuant to the

state environmental quality review act statute and regulations. No

further compliance with such law is required for subsequent site

specific actions that are in conformance with the conditions and

thresholds established for such actions in the generic environmental

impact statement and its findings.

9. Agricultural review and coordination. A village comprehensive plan

and any amendments thereto, for a village containing all or part of an

agricultural district or lands receiving agricultural assessment within

its jurisdiction, shall continue to be subject to the provisions of

article twenty-five-AA of the agriculture and markets law relating to

the enactment and administration of local laws, ordinances, rules or

regulations. A newly adopted or amended village comprehensive plan shall

take into consideration applicable county agricultural and farmland

protection plans as created under article twenty-five-AAA of the

agriculture and markets law.

10. Periodic review. The village board shall provide, as a component

of such proposed comprehensive plan, the maximum intervals at which the

adopted plan shall be reviewed.

11. Effect of adoption of the village comprehensive plan. (a) All

village land use regulations must be in accordance with a comprehensive

plan adopted pursuant to this section.

(b) All plans for capital projects of another governmental agency on

land included in the village comprehensive plan adopted pursuant to this

section shall take such plan into consideration.

12. Filing of village comprehensive plan. The adopted village

comprehensive plan and any amendments thereto shall be filed in the

office of the village clerk and a copy thereof shall be filed in the

office of the county planning agency.

Official maps, changes in official map; notice of hearing.

Every village may by resolution of its board of trustees establish an

official map of the village showing the streets, highways and parks

theretofore laid out, adopted and established by law. Drainage systems

may also be shown on this map. Such map is to be deemed to be final and

conclusive with respect to the location and width of streets, highways,

drainage systems and the location of parks shown thereon. Such official

map is hereby declared to be established to conserve and promote the

public health, safety and general welfare. The clerk of every village

which has established such an official map shall immediately file a

certificate of that fact with the clerk or register of the county in

which said village is located. Such board of trustees is authorized and

empowered, whenever and as often as it may deem it for the public

interest, to change or add to the official map of the village so as to

lay out new streets, highways or parks, or to widen or close existing

streets, highways or parks. There shall be a public hearing on any

proposed action with reference to any such change in the official map.

Before making any such addition or change the board of trustees shall

refer the matter to the planning board for report thereon, but if the

planning board shall not make its report within thirty days of such

reference, it shall forfeit the right further to suspend action. Such

additions and changes when adopted shall become a part of the official

map of the village, and shall be deemed to be final and conclusive with

respect to the location of the streets, highways and parks shown

thereon. The granting by the board of trustees of a petition for the

approval of the laying out, altering, widening, narrowing or

discontinuing of a street, shall be deemed to be an addition or change

of the official map and shall be subject to all the provisions of this

article with regard to such additions or changes. Drainage systems may

also be shown on this map.

Site plan review. 1. Definition of site plan. As used in

this section the term "site plan" shall mean a rendering, drawing, or

sketch prepared to specifications and containing necessary elements, as

set forth in the applicable local law, which shows the arrangement,

layout and design of the proposed use of a single parcel of land as

shown on said plan. Plats showing lots, blocks or sites which are

subject to review pursuant to authority provided for the review of

subdivisions under section 7-728 of this article shall continue to be

subject to such review and shall not be subject to review as site plans

under this section.

2. Approval of site plans. (a) The village board of trustees may, as

part of a local law adopted pursuant to this article or other enabling

law, authorize the planning board or such other administrative body that

it shall so designate, to review and approve, approve with modifications

or disapprove site plans, prepared to specifications set forth in the

local law and/or in regulations of such authorized board. Site plans

shall show the arrangement, layout and design of the proposed use of the

land on said plan. The local law shall specify the land uses that

require site plan approval and the elements to be included on plans

submitted for approval. The required site plan elements which are

included in the local law may include, where appropriate, those related

to parking, means of access, screening, signs, landscaping,

architectural features, location and dimensions of buildings, adjacent

land uses and physical features meant to protect adjacent land uses as

well as any additional elements specified by the village board of

trustees in such local law.

(b) When an authorization to approve site plans is granted by the

village board of trustees pursuant to this section, the terms thereof

may condition the issuance of a building permit upon such approval.

3. Application for area variance. Notwithstanding any provisions of

law to the contrary, where a proposed site plan contains one or more

features which do not comply with the zoning regulations, applications

may be made to the zoning board of appeals for an area variance pursuant

to section 7-712-b of this article, without the necessity of a decision

or determination of an administrative official charged with the

enforcement of the zoning regulations.

4. Conditions attached to the approval of site plans. The authorized

board shall have the authority to impose such reasonable conditions and

restrictions as are directly related to and incidental to a proposed

site plan. Upon its approval of said site plan, any such conditions must

be met in connection with the issuance of permits by applicable

enforcement agents or officers of the village.

5. Waiver of requirements. The village board of trustees may further

empower the authorized board to, when reasonable, waive any requirements

for the approval, approval with modifications or disapproval of site

plans submitted for approval. Any such waiver, which shall be subject to

appropriate conditions set forth in the local law adopted pursuant to

this section, may be exercised in the event any such requirements are

found not to be requisite in the interest of the public health, safety

or general welfare or inappropriate to a particular site plan.

6. Reservation of parkland on site plans containing residential units.

(a) Before such authorized board may approve a site plan containing

residential units, such site plan shall also show, when required by such

board, a park or parks suitably located for playground or other

recreational purposes.

(b) Land for park, playground or other recreational purposes may not

be required until the authorized board has made a finding that a proper

case exists for requiring that a park or parks be suitably located for

playgrounds or other recreational purposes within the village. Such

findings shall include an evaluation of the present and anticipated

future needs for park and recreational facilities in the village based

on projected population growth to which the particular site plan will

contribute.

(c) In the event the authorized board makes a finding pursuant to

paragraph (b) of this subdivision that the proposed site plan presents a

proper case for requiring a park or parks suitably located for

playgrounds or other recreational purposes, but that a suitable park or

parks of adequate size to meet the requirements cannot be properly

located on such site plan, the authorized board may require a sum of

money in lieu thereof to be established by the village board of

trustees. In making such determination of suitability, the board shall

assess the size and suitability of lands shown on the site plan which

could be possible locations for park or recreational facilities, as well

as practical factors including whether there is a need for additional

facilities in the immediate neighborhood. Any monies required by the

authorized board in lieu of land for park, playground or other

recreational purposes, pursuant to the provisions of this section, shall

be deposited into a trust fund to be used by the village exclusively for

park, playground or other recreational purposes, including the

acquisition of property.

(d) Notwithstanding the foregoing provisions of this subdivision, if

the land included in a site plan under review is a portion of a

subdivision plat which has been reviewed and approved, the authorized

board shall credit the applicant for any land set aside or money donated

in lieu thereof under such subdivision plat approval. In the event of

resubdivision of such plat, nothing shall preclude the additional

reservation of parkland or money donated in lieu thereof.

7. Performance bond or other security. As an alternative to the

installation of required infrastructure and improvements, prior to

approval by the authorized board, a performance bond or other security

sufficient to cover the full cost of the same, as estimated by the

authorized board or a village department designated by the authorized

board to make such estimate, where such departmental estimate is deemed

acceptable by the authorized board, shall be furnished to the village by

the owner. Such security shall be provided to the village pursuant to

the provisions of subdivision nine of section 7-730 of this article.

8. Public hearing and decision on site plans. In the event a public

hearing is required by local law adopted by the village board of

trustees, the authorized board shall conduct a public hearing within

sixty-two days from the day an application is received on any matter

referred to it under this section. The authorized board shall mail

notice of said hearing to the applicant at least ten days before such

hearing, and shall give public notice of said hearing in a newspaper of

general circulation in the village at least five days prior to the date

thereof and shall make a decision on the application within sixty-two

days after such hearing, or after the day the application is received if

no hearing has been held. The time within which the authorized board

must render its decision may be extended by mutual consent of the

applicant and such board. The decision of the authorized board shall be

filed in the office of the village clerk within five business days after

such decision is rendered and a copy thereof mailed to the applicant.

Nothing herein shall preclude the holding of a public hearing on any

matter on which a public hearing is not so required.

9. Notice to county planning board or agency or regional planning

council. At least ten days before such hearing, the authorized board

shall mail notices thereof to the county planning board or agency or

regional planning council, as required by section two hundred

thirty-nine-m of the general municipal law, which notice shall be

accompanied by a full statement of such proposed action, as defined in

subdivision one of section two hundred thirty-nine-m of the general

municipal law. In the event a public hearing is not required, such

proposed action shall be referred before final action is taken thereon.

10. Compliance with state environmental quality review act. The

authorized board shall comply with the provisions of the state

environmental quality review act under article eight of the

environmental conservation law and its implementing regulations.

11. Court review. Any person aggrieved by a decision of the authorized

board or any officer, department, board or bureau of the village may

apply to the supreme court for review by a proceeding under article

seventy-eight of the civil practice law and rules. Such proceedings

shall be instituted within thirty days after the filing of a decision by

such board in the office of the village clerk. The court may take

evidence or appoint a referee to take such evidence as it may direct,

and report the same, with findings of fact and conclusions of law, if it

shall appear that testimony is necessary for the proper disposition of

the matter. The court shall itself dispose of the matter on the merits,

determining all questions which may be presented for determination.

12. Costs. Costs shall not be allowed against the authorized board

unless it shall appear to the court that it acted with gross negligence,

in bad faith, or with malice in making the decision appealed from.

13. Preference. All issues addressed by the court in any proceeding

under this section shall have preference over all civil actions and

proceedings.

Approval of special use permits. 1. Definition of special

use permit. As used in this section the term "special use permit" shall

mean an authorization of a particular land use which is permitted in a

zoning local law, subject to requirements imposed by such local law to

assure that the proposed use is in harmony with such local law and will

not adversely affect the neighborhood if such requirements are met.

2. Approval of special use permits. The village board of trustees may,

as part of a zoning local law, authorize the planning board or such

other administrative body that it shall designate to grant special use

permits as set forth in such local law.

3. Application for area variance. Notwithstanding any provision of law

to the contrary, where a proposed special use permit contains one or

more features which do not comply with the zoning regulations,

application may be made to the zoning board of appeals for an area

variance pursuant to section 7-712-b of this article, without the

necessity of a decision or determination of an administrative official

charged with the enforcement of the zoning regulations.

4. Conditions attached to the issuance of special use permits. The

authorized board shall have the authority to impose such reasonable

conditions and restrictions as are directly related to and incidental to

the proposed special use permit. Upon its granting of said special use

permit, any such conditions must be met in connection with the issuance

of permits by applicable enforcement agents or officers of the village.

5. Waiver of requirements. The village board of trustees may further

empower the authorized board to, when reasonable, waive any requirements

for the approval, approval with modifications or disapproval of special

use permits submitted for approval. Any such waiver, which shall be

subject to appropriate conditions set forth in the local law adopted

pursuant to this section, may be exercised in the event any such

requirements are found not to be requisite in the interest of the public

health, safety or general welfare or inappropriate to a particular

special use permit.

6. Public hearing and decision on special use permits. The authorized

board shall conduct a public hearing within sixty-two days from the day

an application is received on any matter referred to it under this

section. Public notice of said hearing shall be printed in a newspaper

of general circulation in the village at least five days prior to the

date thereof. The authorized board shall decide upon the application

within sixty-two days after the hearing. The time within which the

authorized board must render its decision may be extended by mutual

consent of the applicant and the board. The decision of the authorized

board on the application after the holding of the public hearing shall

be filed in the office of the village clerk within five business days

after such decision is rendered, and a copy thereof mailed to the

applicant.

7. Notice to applicant and county planning board or agency or regional

planning council. At least ten days before such hearing, the authorized

board shall mail notices thereof to the applicant and to the county

planning board or agency or regional planning council, as required by

section two hundred thirty-nine-m of the general municipal law, which

notice shall be accompanied by a full statement of such proposed action,

as defined in subdivision one of section two hundred thirty-nine-m of

the general municipal law.

8. Compliance with state environmental quality review act. The

authorized board shall comply with the provisions of the state

environmental quality review act under article eight of the

environmental conservation law and its implementing regulations.

9. Court review. Any person aggrieved by a decision of the planning

board or such other designated body or any officer, department, board or

bureau of the village may apply to the supreme court for review by a

proceeding under article seventy-eight of the civil practice law and

rules. Such proceedings shall be instituted within thirty days after the

filing of a decision by such board in the office of the village clerk.

The court may take evidence or appoint a referee to take such evidence

as it may direct, and report the same, with findings of fact and

conclusions of law, if it shall appear that testimony is necessary for

the proper disposition of the matter. The court shall itself dispose of

the matter on the merits, determining all questions which may be

presented for determination.

10. Costs. Costs shall not be allowed against the planning board or

other administrative body designated by the village board of trustees

unless it shall appear to the court that it acted with gross negligence,

in bad faith, or with malice in making the decision appealed from.

11. Preference. All issues addressed by the court in any proceeding

under this section shall have preference over all civil actions and

proceedings.

Subdivision review; approval of plats; development of filed

plats. 1. Purpose. For the purpose of providing for the future growth

and development of the village and affording adequate facilities for the

housing, transportation, distribution, comfort, convenience, safety,

health and welfare of its population, the village board of trustees, may

by resolution, authorize and empower the planning board to approve

preliminary and final plats of subdivisions showing lots, blocks or

sites, with or without streets or highways.

2. Authorization for review of previously filed plats. For the same

purposes and under the same conditions, the village board of trustees,

may, by resolution, authorize and empower the planning board to approve

the development of plats, entirely or partially undeveloped, which were

filed in the office of the clerk of the county in which such plat is

located prior to the appointment of such planning board and grant to the

board the power to approve such plats. The term "undeveloped" shall mean

those plats where twenty percent or more of the lots within the plat are

unimproved unless existing conditions, such as poor drainage, have

prevented their development.

3. Filing of certificate. The clerk of every village which has

authorized its planning board to approve plats as set forth herein shall

immediately file a certificate of that fact with the clerk or register

of the county in which such village is located.

4. Definitions. When used in this article the following terms shall

have the respective meanings set forth herein except where the context

shows otherwise:

(a) "Subdivision" means the division of any parcel of land into a

number of lots, blocks or sites as specified in a law, rule or

regulation, with or without streets or highways, for the purpose of

sale, transfer of ownership, or development. The term "subdivision" may

include any alteration of lot lines or dimensions of any lots or sites

shown on a plat previously approved and filed in the office of the

county clerk or register of the county in which such plat is located.

Subdivisions may be defined and delineated by local regulation, as

either "major" or "minor", with the review procedures and criteria for

each set forth in such local regulations.

(b) "Preliminary plat" means a drawing prepared in a manner prescribed

by local regulation showing the layout of a proposed subdivision

including, but not restricted to, road and lot layout and approximate

dimensions, key plan, topography and drainage, all proposed facilities

unsized, including preliminary plans and profiles, at suitable scale and

in such detail as local regulation may require.

(c) "Preliminary plat approval" means the approval of the layout of a

proposed subdivision as set forth in a preliminary plat but subject to

the approval of the plat in final form in accordance with the provisions

of this section.

(d) "Final plat" means a drawing prepared in a manner prescribed by

local regulation that shows a proposed subdivision, containing in such

additional detail as shall be provided by local regulation all

information required to be shown on a preliminary plat and the

modifications, if any, required by the planning board at the time of

approval of the preliminary plat if such preliminary plat has been so

approved.

(e) "Conditional approval of a final plat" means approval by a

planning board of a final plat subject to conditions set forth by the

planning board in a resolution conditionally approving such plat. Such

conditional approval does not qualify a final plat for recording nor

authorize issuance of any building permits prior to the signing of the

plat by a duly authorized officer of the planning board and recording of

the plat in the office of the county clerk or register as herein

provided.

(f) "Final plat approval" means the signing of a plat in final form by

a duly authorized officer of a planning board pursuant to a planning

board resolution granting final approval to the plat or after conditions

specified in a resolution granting conditional approval of the plat are

completed. Such final approval qualifies the plat for recording in the

office of the county clerk or register in the county in which such plat

is located.

5. Approval of preliminary plats. (a) Submission of preliminary plats.

All plats shall be submitted to the planning board for approval in final

form provided, however, that where the planning board has been

authorized to approve preliminary plats, the owner may submit or the

planning board may require that the owner submit a preliminary plat for

consideration. Such a preliminary plat shall be clearly marked

"preliminary plat" and shall conform to the definition provided in this

section.

(b) Coordination with the state environmental quality review act. The

planning board shall comply with the provisions of the state

environmental quality review act under article eight of the

environmental conservation law and its implementing regulations.

(c) Receipt of a complete preliminary plat. A preliminary plat shall

not be considered complete until a negative declaration has been filed

or until a notice of completion of the draft environmental impact

statement has been filed in accordance with the provisions of the state

environmental quality review act. The time periods for review of a

preliminary plat shall begin upon filing of such negative declaration or

such notice of completion.

(d) Planning board as lead agency under the state environmental

quality review act; public hearing; notice; decision.

(i) Public hearing on preliminary plats. The time within which the

planning board shall hold a public hearing on the preliminary plat shall

be coordinated with any hearings the planning board may schedule

pursuant to the state environmental quality review act, as follows:

(1) If such board determines that the preparation of an environmental

impact statement on the preliminary plat is not required, the public

hearing on such plat shall be held within sixty-two days after the

receipt of a complete preliminary plat by the clerk of the planning

board; or

(2) If such board determines that an environmental impact statement is

required, and a public hearing on the draft environmental impact

statement is held, the public hearing on the preliminary plat and the

draft environmental impact statement shall be held jointly within

sixty-two days after the filing of the notice of completion of such

draft environmental impact statement in accordance with the provisions

of the state environmental quality review act. If no public hearing is

held on the draft environmental impact statement, the public hearing on

the preliminary plat shall be held within sixty-two days of filing the

notice of completion.

(ii) Public hearing; notice, length. The hearing on the preliminary

plat shall be advertised at least once in a newspaper of general

circulation in the village at least five days before such hearing if no

hearing is held on the draft environmental impact statement, or fourteen

days before a hearing held jointly therewith. The planning board may

provide that the hearing be further advertised in such manner as it

deems most appropriate for full public consideration of such preliminary

plat. The hearing on the preliminary plat shall be closed upon motion of

the planning board within one hundred twenty days after it has been

opened.

(iii) Decision. The planning board shall approve, with or without

modification, or disapprove such preliminary plat as follows:

(1) If the planning board determines that the preparation of an

environmental impact statement on the preliminary plat is not required,

such board shall make its decision within sixty-two days after the close

of the public hearing; or

(2) If the planning board determines that an environmental impact

statement is required, and a public hearing is held on the draft

environmental impact statement, the final environmental impact statement

shall be filed within forty-five days following the close of such public

hearing in accordance with the provisions of the state environmental

quality review act. If no public hearing is held on the draft

environmental impact statement, the final environmental impact statement

shall be filed within forty-five days following the close of the public

hearing on the preliminary plat. Within thirty days of the filing of

such final environmental impact statement, the planning board shall

issue findings on the final environmental impact statement and make its

decision on the preliminary plat.

(iv) Grounds for decision. The grounds for a modification, if any, or

the grounds for disapproval shall be stated upon the records of the

planning board. When so approving a preliminary plat, the planning board

shall state in writing any modifications it deems necessary for

submission of the plat in final form.

(e) Planning board not as lead agency under the state environmental

quality review act; public hearing; notice; decision.

(i) Public hearing on preliminary plats. The planning board shall,

with the agreement of the lead agency, hold the public hearing on the

preliminary plat jointly with the lead agency's hearing on the draft

environmental impact statement. Failing such agreement or if no public

hearing is held on the draft environmental impact statement, the

planning board shall hold the public hearing on the preliminary plat

within sixty-two days after the receipt of a complete preliminary plat

by the clerk of the planning board.

(ii) Public hearing; notice, length. The hearing on the preliminary

plat shall be advertised at least once in a newspaper of general

circulation in the village at least five days before such hearing if

held independently of the hearing on the draft environmental impact

statement, or fourteen days before a hearing held jointly therewith. The

planning board may provide that the hearing be further advertised in

such manner as it deems most appropriate for full public consideration

of such preliminary plat. The hearing on the preliminary plat shall be

closed upon motion of the planning board within one hundred twenty days

after it has been opened.

(iii) Decision. The planning board shall by resolution approve with or

without modification or disapprove the preliminary plat as follows:

(1) If the preparation of an environmental impact statement on the

preliminary plat is not required, the planning board shall make its

decision within sixty-two days after the close of the public hearing on

the preliminary plat.

(2) If an environmental impact statement is required, the planning

board shall make its own findings and its decision on the preliminary

plat within sixty-two days after the close of the public hearing on such

preliminary plat or within thirty days of the adoption of findings by

the lead agency, whichever period is longer.

(iv) Grounds for decision. The grounds for a modification, if any, or

the grounds for disapproval shall be stated upon the records of the

planning board. When so approving a preliminary plat, the planning board

shall state in writing any modifications it deems necessary for

submission of the plat in final form.

(f) Certification and filing of preliminary plat. Within five business

days of the adoption of the resolution granting approval of such

preliminary plat, such plat shall be certified by the clerk of the

planning board as having been granted preliminary approval and a copy of

the plat and resolution shall be filed in such clerk's office. A copy of

the resolution shall be mailed to the owner.

(g) Filing of decision on preliminary plat. Within five business days

from the date of the adoption of the resolution stating the decision of

the board on the preliminary plat, the chairman or other duly authorized

member of the planning board shall cause a copy of such resolution to be

filed in the office of the village clerk.

(h) Revocation of approval of preliminary plat. Within six months of

the approval of the preliminary plat the owner must submit the plat in

final form. If the final plat is not submitted within six months,

approval of the preliminary plat may be revoked by the planning board.

6. Approval of final plats. (a) Submission of final plats. Final plats

shall conform to the definition provided by this section.

(b) Final plats which are in substantial agreement with approved

preliminary plats. When a final plat is submitted which the planning

board deems to be in substantial agreement with a preliminary plat

approved pursuant to this section, the planning board shall by

resolution conditionally approve with or without modification,

disapprove, or grant final approval and authorize the signing of such

plat, within sixty-two days of its receipt by the clerk of the planning

board.

(c) Final plats when no preliminary plat is required to be submitted;

receipt of complete final plat. When no preliminary plat is required to

be submitted, a final plat shall not be considered complete until a

negative declaration has been filed or until a notice of completion of

the draft environmental impact statement has been filed in accordance

with the provisions of the state environmental quality review act. The

time periods for review of such plat shall begin upon filing of such

negative declaration or such notice of completion.

(d) Final plats; not in substantial agreement with approved

preliminary plats, or when no preliminary plat is required to be

submitted. When a final plat is submitted which the planning board deems

not to be in substantial agreement with a preliminary plat approved

pursuant to this section, or when no preliminary plat is required to be

submitted and a final plat clearly marked "final plat" is submitted

conforming to the definition provided by this section the following

shall apply:

(i) Planning board as lead agency; public hearing; notice; decision.

(1) Public hearing on final plats. The time within which the planning

board shall hold a public hearing on such final plat shall be

coordinated with any hearings the planning board may schedule pursuant

to the state environmental quality review act, as follows:

(a) if such board determines that the preparation of an environmental

impact statement is not required, the public hearing on a final plat not

in substantial agreement with a preliminary plat, or on a final plat

when no preliminary plat is required to be submitted, shall be held

within sixty-two days after the receipt of a complete final plat by the

clerk of the planning board; or

(b) if such board determines that an environmental impact statement is

required, and a public hearing on the draft environmental impact

statement is held, the public hearing on the final plat and the draft

environmental impact statement shall be held jointly within sixty-two

days after the filing of the notice of completion of such draft

environmental impact statement in accordance with the provisions of the

state environmental quality review act. If no public hearing is held on

the draft environmental impact statement, the public hearing on the

final plat shall be held within sixty-two days following filing of the

notice of completion.

(2) Public hearing; notice, length. The hearing on the final plat

shall be advertised at least once in a newspaper of general circulation

in the village at least five days before such hearing if no hearing is

held on the draft environmental impact statement, or fourteen days

before a hearing held jointly therewith. The planning board may provide

that the hearing be further advertised in such manner as it deems most

appropriate for full public consideration of such final plat. The

hearing on the final plat shall be closed upon motion of the planning

board within one hundred twenty days after it has been opened.

(3) Decision. The planning board shall make its decision on the final

plat as follows:

(a) if such board determines that the preparation of an environmental

impact statement on the final plat is not required, the planning board

shall by resolution conditionally approve, with or without modification,

disapprove, or grant final approval and authorize the signing of such

plat, within sixty-two days after the date of the public hearing; or

(b) if such board determines that an environmental impact statement is

required, and a public hearing is held on the draft environmental impact

statement, the final environmental impact statement shall be filed

within forty-five days following the close of such public hearing in

accordance with the provisions of the state environmental quality review

act. If no public hearing is held on the draft environmental impact

statement, the final environmental impact statement shall be filed

within forty-five days following the close of the public hearing on the

final plat. Within thirty days of the filing of the final environmental

impact statement, the planning board shall issue findings on such final

environmental impact statement and shall by resolution conditionally

approve, with or without modification, disapprove, or grant final

approval and authorize the signing of such plat.

(4) Grounds for decision. The grounds for a modification, if any, or

the grounds for disapproval shall be stated upon the records of the

planning board.

(ii) Planning board not as lead agency; public hearing; notice;

decision.

(1) Public hearing. The planning board shall, with the agreement of

the lead agency, hold the public hearing on the final plat jointly with

the lead agency's hearing on the draft environmental impact statement.

Failing such agreement or if no public hearing is held on the draft

environmental impact statement, the planning board shall hold the public

hearing on the final plat within sixty-two days after the receipt of a

complete final plat by the clerk of the planning board.

(2) Public hearing; notice, length. The hearing on the final plat

shall be advertised at least once in a newspaper of general circulation

in the village at least five days before such hearing if held

independently of the hearing on the draft environmental impact

statement, or fourteen days before a hearing held jointly therewith. The

planning board may provide that the hearing be further advertised in

such manner as it deems most appropriate for full public consideration

of such final plat. The hearing on the final plat shall be closed upon

motion of the planning board within one hundred twenty days after it has

been opened.

(3) Decision. The planning board shall by resolution conditionally

approve, with or without modification, disapprove, or grant final

approval and authorize the signing of such plat as follows:

(a) If the preparation of an environmental impact statement on the

final plat is not required, the planning board shall make its decision

within sixty-two days after the close of the public hearing on the final

plat.

(b) If an environmental impact statement is required, the planning

board shall make its own findings and its decision on the final plat

within sixty-two days after the close of the public hearing on such

final plat or within thirty days of the adoption of findings by the lead

agency, whichever period is longer. The grounds for a modification, if

any, or the grounds for disapproval shall be stated upon the records of

the planning board.

7. Approval and certification of final plats. (a) Certification of

plat. Within five business days of the adoption of the resolution

granting conditional or final approval of the final plat, such plat

shall be certified by the clerk of the planning board as having been

granted conditional or final approval and a copy of such resolution and

plat shall be filed in such clerk's office. A copy of the resolution

shall be mailed to the owner. In the case of a conditionally approved

plat, such resolution shall include a statement of the requirements

which when completed will authorize the signing thereof. Upon completion

of such requirements the plat shall be signed by said duly authorized

officer of the planning board and a copy of such signed plat shall be

filed in the office of the clerk of the planning board or filed with the

village clerk as determined by the village board of trustees.

(b) Approval of plat in sections. In granting conditional or final

approval of a plat in final form, the planning board may permit the plat

to be subdivided and developed in two or more sections and may in its

resolution granting conditional or final approval state that such

requirements as it deems necessary to insure the orderly development of

the plat be completed before said sections may be signed by the duly

authorized officer of the planning board. Conditional or final approval

of the sections of a final plat may be granted concurrently with

conditional or final approval of the entire plat, subject to any

requirements imposed by the planning board.

(c) Duration of conditional approval of final plat. Conditional

approval of the final plat shall expire within one hundred eighty days

after the resolution granting such approval unless all requirements

stated in such resolution have been certified as completed. The planning

board may extend for periods of ninety days each the time in which a

conditionally approved plat must be submitted for signature if, in the

planning board's opinion, such extension is warranted by the particular

circumstances.

8. Default approval of preliminary or final plat. The time periods

prescribed herein within which a planning board must take action on a

preliminary plat or a final plat are specifically intended to provide

the planning board and the public adequate time for review and to

minimize delays in the processing of subdivision applications. Such

periods may be extended only by mutual consent of the owner and the

planning board. In the event a planning board fails to take action on a

preliminary plat or a final plat within the time prescribed therefor

after completion of all requirements under the state environmental

quality review act, or within such extended period as may have been

established by the mutual consent of the owner and the planning board,

such preliminary or final plat shall be deemed granted approval. The

certificate of the village clerk as to the date of submission of the

preliminary or final plat and the failure of the planning board to take

action within the prescribed time shall be issued on demand and shall be

sufficient in lieu of written endorsement or other evidence of approval

herein required.

9. Filing of decision on final plat. Within five business days from

the date of the adoption of the resolution stating the decision of the

board on the final plat, the chairman or other duly authorized member of

the planning board shall cause a copy of such resolution to be filed in

the office of the village clerk.

10. Notice to county planning board or agency or regional planning

council. When a county planning board or agency or a regional planning

council has been authorized to review subdivision plats pursuant to

section two hundred thirty-nine-n of the general municipal law, the

clerk of the planning board shall refer all applicable preliminary and

final plats to such county planning board or agency or regional planning

council as provided in that section.

11. Filing of final plat; expiration of approval. The owner shall file

in the office of the county clerk or register such approved final plat

or a section of such plat within sixty-two days from the date of final

approval or such approval shall expire. The following shall constitute

final approval: the signature of the duly authorized officer of the

planning board constituting final approval by the planning board of a

plat as herein provided; or the approval by such board of the

development of a plat or plats already filed in the office of the county

clerk or register of the county in which such plat or plats are located

if such plats are entirely or partially undeveloped; or the certificate

of the village clerk as to the date of the submission of the final plat

and the failure of the planning board to take action within the time

herein provided. In the event the owner shall file only a section of

such approved plat in the office of the county clerk or register, the

entire approved plat shall be filed within thirty days of the filing of

such section with the village clerk in each village in which any portion

of the land described in the plat is situated. Such section shall

encompass at least ten percent of the total number of lots contained in

the approved plat, and the approval of the remaining sections of the

approved plat shall expire unless said sections are filed before the

expiration of the exemption period to which such plat is entitled under

the provisions of section 7-708 of this article.

12. Subdivision abandonment. The owner of an approved subdivision may

abandon such subdivision pursuant to the provisions of section five

hundred sixty of the real property tax law.

Subdivision review; approval of plats; additional requisites.

1. Purpose. Before the approval by the planning board of a plat showing

lots, blocks or sites, with or without streets or highways, or the

approval of a plat already filed in the office of the clerk of the

county wherein such plat is situated if the plat is entirely or

partially undeveloped, the planning board shall require that the land

shown on the plat be of such character that it can be used safely for

building purposes without danger to health or peril from fire, flood,

drainage or other menace to neighboring properties or the public health,

safety and welfare.

2. Additional requirements. The planning board shall also require

that:

(a) the streets and highways be of sufficient width and suitable grade

and shall be suitably located to accommodate the prospective traffic, to

afford adequate light and air, to facilitate fire protection, and to

provide access of firefighting equipment to buildings. If there be an

official map, village comprehensive plan or functional/master plans,

such streets and highways shall be coordinated so as to compose a

convenient system conforming to the official map and properly related to

the proposals shown in the comprehensive plan of the village;

(b) suitable monuments be placed at block corners and other necessary

points as may be required by the board and the location thereof is shown

on the map of such plat;

(c) all streets or other public places shown on such plats be suitably

graded and paved; street signs, sidewalks, street lighting standards,

curbs, gutters, street trees, water mains, fire alarm signal devices

(including necessary ducts and cables or other connecting facilities),

sanitary sewers and storm drains be installed all in accordance with

standards, specifications and procedures acceptable to the appropriate

village departments except as hereinafter provided, or alternatively

that a performance bond or other security be furnished to the village,

as hereinafter provided.

3. Compliance with zoning regulations. Where a zoning ordinance or

local law has been adopted by the village, the lots shown on said plat

shall at least comply with the requirements thereof subject, however, to

the provisions of section 7-738 of this article.

4. Reservation of parkland on subdivision plats containing residential

units. (a) Before the planning board may approve a subdivision plat

containing residential units, such subdivision plat shall also show,

when required by such board, a park or parks suitably located for

playground or other recreational purposes.

(b) Land for park, playground or other recreational purposes may not

be required until the planning board has made a finding that a proper

case exists for requiring that a park or parks be suitably located for

playgrounds or other recreational purposes within the village. Such

findings shall include an evaluation of the present and anticipated

future needs for park and recreational facilities in the village based

on projected population growth to which the particular subdivision plat

will contribute.

(c) In the event the planning board makes a finding pursuant to

paragraph (b) of this subdivision that the proposed subdivision plat

presents a proper case for requiring a park or parks suitably located

for playgrounds or other recreational purposes, but that a suitable park

or parks of adequate size to meet the requirement cannot be properly

located on such subdivision plat, the planning board may require a sum

of money in lieu thereof, in an amount to be established by the village

board of trustees. In making such determination of suitability, the

board shall assess the size and suitability of land shown on the

subdivision plat which could be possible locations for park or

recreational facilities, as well as practical factors including whether

there is a need for additional facilities in the immediate neighborhood.

Any moneys required by the planning board in lieu of land for park,

playground or other recreational purposes, pursuant to the provisions of

this section, shall be deposited into a trust fund to be used by the

village exclusively for park, playground or other recreational purposes,

including the acquisition of property.

5. Character of the development. In making such determination

regarding streets, highways, parks and required improvements, the

planning board shall take into consideration the prospective character

of the development, whether dense residence, open residence, business or

industrial.

6. Application for area variance. Notwithstanding any provision of law

to the contrary, where a plat contains one or more lots which do not

comply with the zoning local law regulations, application may be made to

the zoning board of appeals for an area variance pursuant to section

7-712-b of this article, without the necessity of a decision or

determination of an administrative official charged with the enforcement

of the zoning regulations. In reviewing such application the zoning

board of appeals shall request the planning board to provide a written

recommendation concerning the proposed variance.

7. Waiver of requirements. The planning board may waive, when

reasonable, any requirements or improvements for the approval, approval

with modifications or disapproval of subdivisions submitted for its

approval. Any such waiver, which shall be subject to appropriate

conditions, may be exercised in the event any such requirements or

improvements are found not to be requisite in the interest of the public

health, safety, and general welfare or inappropriate because of

inadequacy or lack of connecting facilities adjacent or in proximity to

the subdivision.

8. Installation of fire alarm devices. The installation of fire alarm

signal devices including necessary connecting facilities shall be

required or waived pursuant to this section only with the approval of:

(a) the town board if the village is included in a central fire alarm

system established pursuant to subdivision eleven-c of section

sixty-four of the town law, (b) the board of supervisors or legislative

body of the county if the village is included in a central fire alarm

system established pursuant to paragraph (h) of subdivision one of

section two hundred twenty-five of the county law, or (c) the board of

fire commissioners of the village in any other case unless the

installation is to be made in a fire district within the village, in

which event only the approval of the board of fire commissioners of such

fire district shall be necessary. The planning board may, with the

approval of the appropriate board, completely waive any or all

requirements in connection with the installation of fire alarm signal

devices including necessary connecting facilities. When required, such

installation shall be made in accordance with standards, specifications,

and procedures acceptable to such board.

9. Performance bond or other security. (a) Furnishing of performance

bond or other security. As an alternative to the installation of

infrastructure and improvements, as above provided, prior to planning

board approval, a performance bond or other security sufficient to cover

the full cost of the same, as estimated by the planning board or a

village department designated by the planning board to make such

estimate, where such departmental estimate is deemed acceptable by the

planning board, shall be furnished to the village by the owner.

(b) Security where plat approved in sections. In the event that the

owner shall be authorized to file the approved plat in sections, as

provided in subdivision seven of section 7-728 of this article, approval

of the plat may be granted upon the installation of the required

improvements in the section of the plat filed in the office of the

county clerk or register or the furnishing of security covering the

costs of such improvements. The owner shall not be permitted to begin

construction of buildings in any other section until such section has

been filed in the office of the county clerk or register and the

required improvements have been installed in such section or a security

covering the cost of such improvements is provided.

(c) Form of security. Any such security must be provided pursuant to a

written security agreement with the village, approved by the village

board of trustees and also approved by the village attorney as to form,

sufficiency and manner of execution, and shall be limited to: (i) a

performance bond issued by a bonding or surety company; (ii) the deposit

of funds in or a certificate of deposit issued by a bank or trust

company located and authorized to do business in this state; (iii) an

irrevocable letter of credit from a bank located and authorized to do

business in this state; (iv) obligations of the United States of

America; or (v) any obligations fully guaranteed as to interest and

principal by the United States of America, having a market value at

least equal to the full cost of such improvements. If not delivered to

the village, such security shall be held in a village account at a bank

or trust company.

(d) Term of security agreement. Any such performance bond or security

agreement shall run for a term to be fixed by the planning board, but in

no case for a longer term than three years, provided, however, that the

term of such performance bond or security agreement may be extended by

the planning board with consent of the parties thereto. If the planning

board shall decide at any time during the term of the performance bond

or security agreement that the extent of building development that has

taken place in the subdivision is not sufficient to warrant all the

improvements covered by such security, or that the required improvements

have been installed as provided in this section and by the planning

board in sufficient amount to warrant reduction in the amount of said

security, and upon approval by the village board of trustees, the

planning board may modify its requirements for any or all such

improvements, and the amount of such security shall thereupon be reduced

by an appropriate amount so that the new amount will cover the cost in

full of the amended list of improvements required by the planning board.

(e) Default of security agreement. In the event that any required

improvements have not been installed as provided in this section within

the term of such security agreement, the village board of trustees may

thereupon declare the said performance bond or security agreement to be

in default and collect the sum remaining payable thereunder; and upon

the receipt of the proceeds thereof, the village shall install such

improvements as are covered by such security and as commensurate with

the extent of building development that has taken place in the

subdivision but not exceeding in cost the amount of such proceeds.

10. Suffolk county sewer districts. If in the county of Suffolk the

plat is not entirely situate within a county, town or village sewer

district and the county department of environmental control or the

county health department shall have directed that disposal of sewage

from the plat shall be provided for by a communal sewerage system,

consisting of a treatment plant and collection system, then the Suffolk

county sewer agency shall determine, specify and direct the means and

method by which the aforesaid system shall be best provided by and at

the expense of the developer. Among the alternative means and methods

the Suffolk county sewer agency may direct, shall be: (a) that the

developer, at its own cost and expense, install, build and construct

such system according to such plans, specifications, conditions and

guarantees as may be required by the Suffolk county sewer agency, and

upon satisfactory completion thereof, the developer shall dedicate and

donate same, without cost to the Suffolk county sewer agency, or its

nominee, and the developer shall also petition to form a county

district, but if the Suffolk county sewer agency shall determine that a

suitable complete communal sewerage system of adequate size cannot be

properly located in the plat or is otherwise not practical, then, (b)

the developer shall install, build and construct temporary cesspools or

septic tanks together with a sewage collection system according to such

plans, specifications, conditions and guarantees as may be required by

the Suffolk county sewer agency, and upon satisfactory completion

thereof, the developer shall dedicate and donate same, without cost, to

the Suffolk county sewer agency or its nominee, and in addition thereto,

the agency may also require the payment to the Suffolk county sewer

agency of a sum of money in an amount to be determined by the Suffolk

county sewer agency, and the developer shall also petition to form a

county district, or (c) the developer shall install, build and construct

temporary cesspools or septic tanks and, in addition thereto, shall pay

to the Suffolk county sewer agency a sum of money in an amount to be

determined by the Suffolk county sewer agency and the developer shall

also petition to form a county district, or (d) the developer shall

provide such other means and methods or combination thereof as the

Suffolk county sewer agency may determine, specify and direct.

Any sums paid to the Suffolk county sewer agency pursuant to any

provisions of this section, shall constitute a trust fund to be used

exclusively for a future communal sewerage system which shall be owned

and operated by a county sewer district, which district shall include

the subject plat within its bounds. Such moneys and accrued interest,

if any, when paid to such district, shall be credited over a period of

time determined by the district, pro rata, against the sewer assessment

of each tax parcel of the subject plat as may exist at the time of the

payment of such moneys and accrued interest to such district.

The useable value of any sewage collection system built under

paragraph (b), (c) or (d) of this subdivision shall be credited over a

period of time determined by the district, pro rata, against the sewer

assessment of each tax parcel of the plat as may exist at the time such

system is incorporated into a county sewer district which shall include

the subject plat within its bounds.

Subdivision review; record of plats. 1. Filing of plat with

county clerk or register. (a) No plat of a subdivision of land showing

lots, blocks or sites, shall be filed or recorded in the office of the

county clerk or register until it has been approved by a planning board

which has been empowered to approve such plats. Further, such approval

must be endorsed in writing on the plat in such manner as the planning

board may designate.

(b) Such endorsement shall stipulate that the plat does not conflict

with the county official map, where one exists, or in cases where plats

do front on or have access to or are otherwise related to roads or

drainage systems shown on the county official map, that such plat has

been approved in the manner specified by subdivision two of section two

hundred thirty-nine-f of the general municipal law.

2. Notification of filing. It shall be the duty of the county clerk or

register to notify the planning board in writing within three days of

the filing or recording of any plat approved by such planning board,

identifying such plat by its title, date of filing or recording, and

official file number.

3. Effect of filing. After such plat is approved and filed, the

streets, highways and parks shown on such plat shall be and become a

part of the official map or plan of the village.

4. Cession or dedication of streets, highways or parks. (a) All

streets, highways or parks shown on a filed or recorded plat are offered

for dedication to the public unless the owner of the affected land, or

the owner's agent, makes a notation on the plat to the contrary prior to

final plat approval. Any street, highway or park shown on a filed or

recorded plat shall be deemed to be private until such time as it has

been formally accepted by a resolution of the local legislative body, or

until it has been condemned by the village for use as a public street,

highway or park.

(b) In the event that such approved plat is not filed or recorded

prior to the expiration date of the plat approval as provided in section

7-728 of this article, then such offer of dedication shall be deemed to

be invalid, void and of no effect on and after such expiration date.

Buildings in streets; permits; hearings; review. For the

purpose of preserving the integrity of such official map or plan no

permit shall hereafter be issued for any building in the bed of any

street or highway shown or laid out on such map or plan, provided,

however, that if the land within such mapped street or highway is not

yielding a fair return on its value to the owner, the board of appeals

or other similar board in any village which has established such a board

having power to make variances or exceptions in zoning regulations shall

have power in a specific case by the vote of a majority of its members

to grant a permit for a building in such street or highway which will as

little as practicable increase the cost of opening such street or

highway, or tend to cause a change of such official map or plan, and

such board may impose reasonable requirements as a condition of granting

such permit, which requirements shall inure to the benefit of the

village. Before taking any action authorized in this section, the board

of appeals or similar board shall give a hearing at which parties in

interest and other shall have an opportunity to be heard. Any such

decision shall be subject to review in the same manner and pursuant to

the same provisions as in appeals from the decisions of such board upon

zoning regulations.

Construction of municipal utility in streets; permits for

erection of buildings; appeal; review by court. 1. No public municipal

street utility or improvement shall be constructed by the village in any

street or highway until it has become a public street or highway and is

duly placed on the official map or plan; except that the board of

trustees may authorize the construction of a public municipal street

utility or improvement in or under a street which has not been

dedicated, but which has been used by the public as a street for five

years or more, prior to March second, nineteen hundred thirty-eight, and

is shown as a street on a plat of a subdivision of land which had been

filed prior to March second, nineteen hundred thirty-eight, in the

office of the county clerk or register of the county in which such

village is located.

2. No permit for the erection of any building shall be issued unless a

street or highway giving access to such proposed structure has been duly

placed on the official map or plan, or if there be no official map or

plan, unless such street or highway is (a) an existing state, county,

town or village highway, or (b) a street shown upon a plat approved by

the planning board as provided under the provisions of this article, as

in effect at the time such plat was approved, or (c) a street on a plat

duly filed and recorded in the office of the county clerk or register

prior to the appointment of such planning board and the grant to such

board of the power to approve plats. Before such permit shall be issued

such street or highway shall have been suitably improved to the

satisfaction of the planning board in accordance with standards and

specifications approved by the appropriate village officers as adequate

in respect to the public health, safety and general welfare for the

special circumstances of the particular street or highway, or

alternatively, and in the discretion of such board, a performance bond

sufficient to cover the full cost of such improvement as estimated by

such board or other appropriate village departments designated by such

board shall be furnished to the village by the owner. Such performance

bond shall be issued by a bonding or surety company approved by the

board of trustees or by the owner with security acceptable to the board

of trustees, and shall also be approved by the village attorney as to

form, sufficiency and manner of execution. The term, manner of

modification and method of enforcement of such bond shall be determined

by the appropriate board in substantial conformity with section 7-730 of

this article.

3. The applicant for such a permit may appeal from the decision of the

administrative officer having charge of the issue of permits to the

board of appeals or other similar board, in any village which has

established a board having the power to make variances or exceptions in

zoning regulations for: (a) an exception if the circumstances of the

case do not require the structure to be related to existing or proposed

streets or highways, and/or (b) an area variance pursuant to section

7-712-b of this chapter, and the same provisions are hereby applied to

such appeals and to such board as are provided in cases of appeals on

zoning regulations. The board may in passing on such appeal make any

reasonable exception and issue the permit subject to conditions that

will protect any future street or highway layout. Any such decision

shall be subject to review in the same manner and pursuant to the same

provisions as in appeals from the decisions of such board upon zoning

regulations.

Subdivision review; approval of cluster development. 1.

Definitions. As used in this section:

(a) "cluster development" shall mean a subdivision plat or plats,

approved pursuant to this article, in which the applicable zoning local

law is modified to provide an alternative permitted method for the

layout, configuration and design of lots, buildings and structures,

roads, utility lines and other infrastructure, parks, and landscaping in

order to preserve the natural and scenic qualities of open lands.

(b) "zoning districts" shall mean districts provided for in section

7-702 of this article.

2. Authorization; purpose.

(a) The village board of trustees may, by local law, authorize the

planning board to approve a cluster development simultaneously with the

approval of a plat or plats pursuant to the provisions of this article.

Approval of a cluster development shall be subject to the conditions set

forth in this section and in such local law. Such local law shall also

specify the zoning districts in which cluster development may be

applicable.

(b) The purpose of a cluster development shall be to enable and

encourage flexibility of design and development of land in such a manner

as to preserve the natural and scenic qualities of open lands.

3. Conditions.

(a) This procedure may be followed at the discretion of the planning

board if, in said board's judgment, its application would benefit the

village. Provided, however, that in granting such authorization to the

planning board, the village board of trustees may also authorize the

planning board to require the owner to submit an application for cluster

development subject to criteria contained in the local law authorizing

cluster development.

(b) A cluster development shall result in a permitted number of

building lots or dwelling units which shall in no case exceed the number

which could be permitted, in the planning board's judgment, if the land

were subdivided into lots conforming to the minimum lot size and density

requirements of the zoning local law applicable to the district or

districts in which such land is situated and conforming to all other

applicable requirements. Provided, however, that where the plat falls

within two or more contiguous districts, the planning board may approve

a cluster development representing the cumulative density as derived

from the summing of all units allowed in all such districts, and may

authorize any actual construction to take place in all or any portion of

one or more of such districts.

(c) The planning board as a condition of plat approval may establish

such conditions on the ownership, use, and maintenance of such open

lands shown on the plat as it deems necessary to assure the preservation

of the natural and scenic qualities of such open lands. The village

board of trustees may require that such conditions shall be approved by

the board of trustees before the plat may be approved for filing.

(d) The plat showing such cluster development may include areas within

which structures may be located, the height and spacing of buildings,

open spaces and their landscaping, off-street open and enclosed parking

spaces, streets, driveways and any other features required by the

planning board. In the case of a residential plat or plats, the dwelling

units permitted may be, at the discretion of the planning board, in

detached, semi-detached, attached, or multi-story structures.

4. Notice and public hearing. The proposed cluster development shall

be subject to review at a public hearing or hearings held pursuant to

section 7-728 of this article for the approval of plats.

5. Filing of plat. On the filing of the plat in the office of the

county clerk or register, a copy shall be filed with the village clerk,

who shall make appropriate notations and references thereto on the

village zoning map required to be maintained pursuant to section 7-706

of this article.

6. Effect. The provisions of this section shall not be deemed to

authorize a change in the permissible use of such lands as provided in

the zoning local law applicable to such lands.

Coordination with agricultural districts program. 1. Policy

of local governments. Local governments shall exercise their powers to

enact local laws, ordinances, rules or regulations that apply to farm

operations in an agricultural district in a manner which does not

unreasonably restrict or regulate farm operations in contravention of

the purposes of article twenty-five-AA of the agriculture and markets

law, unless it can be shown that the public health or safety is

threatened.

2. Agricultural data statement; submission, evaluation. Any

application for a special use permit, site plan approval, use variance,

or subdivision approval requiring municipal review and approval by the

village board of trustees, planning board, or zoning board of appeals

pursuant to this article, that would occur on property within an

agricultural district containing a farm operation or on property with

boundaries within five hundred feet of a farm operation located in an

agricultural district, shall include an agricultural data statement. The

village board of trustees, planning board, or zoning board of appeals

shall evaluate and consider the agricultural data statement in its

review of the possible impacts of the proposed project upon the

functioning of farm operations within such agricultural district. The

information required by an agricultural data statement may be included

as part of any other application form required by local law, ordinance

or regulation.

3. Agricultural data statement; notice provision. Upon the receipt of

such application by the planning board, zoning board of appeals, or

village board of trustees, the clerk of such board shall mail written

notice of such application to the owners of land as identified by the

applicant in the agricultural data statement. Such notice shall include

a description of the proposed project and its location, and may be sent

in conjunction with any other notice required by state or local law,

ordinance, rule or regulation for the said project. The cost of mailing

said notice shall be borne by the applicant.

4. Agricultural data statement; content. An agricultural data

statement shall include the following information: the name and address

of the applicant; a description of the proposed project and its

location; the name and address of any owner of land within the

agricultural district, which land contains farm operations and is

located within five hundred feet of the boundary of the property upon

which the project is proposed; and a tax map or other map showing the

site of the proposed project relative to the location of farm operations

identified in the agricultural data statement.

5. Notice to county planning board or agency or regional planning

council. The clerk of the village board of trustees, planning board, or

zoning board of appeals shall refer all applications requiring an

agricultural data statement to the county planning board or agency or

regional planning council as required by sections two hundred

thirty-nine-m and two hundred thirty-nine-n of the general municipal

law.

Review of decisions of planning board. Any officer,

department, board or bureau of the village, with the approval of the

board of trustees, or any person or persons, jointly or severally

aggrieved by any decision of the planning board concerning such plat or

the changing of the zoning regulations of such land, may bring a

proceeding to review in the manner provided by article seventy-eight of

the civil practice law and rules in a court of record on the ground that

such decision is illegal, in whole or in part. Such proceeding must be

commenced within thirty days after the filing of the decision in the

office of the village clerk.

Commencement of the proceeding shall stay proceedings upon the

decision appealed from.

If, upon the hearing, it shall appear to the court that testimony is

necessary for the proper disposition of the matter, it may take evidence

or appoint a referee to take such evidence as it may direct and report

the same to the court with his findings of fact and conclusions of law,

which shall constitute a part of the proceedings upon which the

determination of the court shall be made. The court may reverse or

affirm, wholly or partly, or may modify the decision brought up for

review.

Costs shall not be allowed against the planning board, unless it shall

appear to the court that it acted with gross negligence or in bad faith

or with malice in making the decision appealed from.

All issues in any proceeding under this section shall have preference

over all other civil actions and proceedings.

Intermunicipal cooperation in comprehensive planning and land

use regulation. 1. Legislative intent. This section is intended to

illustrate the statutory authority that any municipal corporation has

under article five-G of the general municipal law and place within land

use law express statutory authority for cities, towns and villages to

enter into agreements to undertake comprehensive planning and land use

regulation with each other or one for the other, and to provide that any

city, town or village may contract with a county to carry out all or a

portion of the ministerial functions related to the land use of such

city, town or village as may be agreed upon. By the enactment of this

section the legislature seeks to promote intergovernmental cooperation

that could result in increased coordination and effectiveness of

comprehensive planning and land use regulation, more efficient use of

infrastructure and municipal revenues, as well as the enhanced

protection of community resources, especially where such resources span

municipal boundaries.

2. Authorization and effects. (a) In addition to any other general or

special powers vested in a village to prepare a comprehensive plan and

enact and administer land use regulations, by local law or ordinance,

rule or regulation, each village is hereby authorized to enter into,

amend, cancel and terminate agreements with any other municipality or

municipalities to undertake all or a portion of such powers, functions

and duties.

(b) Any one or more municipalities located in a county which has

established a county planning board, commission or other agency,

hereinafter referred to as a county planning agency, are hereby

authorized to enter into, amend, cancel and terminate agreements with

such county in order to authorize the county planning agency to perform

and carry out certain ministerial functions on behalf of such

municipality or municipalities related to land use planning and zoning.

Such functions may include, but are not limited to, acting in an

advisory capacity, assisting in the preparation of comprehensive plans

and land use regulations to be adopted and enforced by such municipality

or municipalities and participating in the formation and functions of

individual or joint administrative boards and bodies formed by one or

more municipalities.

(c) Such agreements shall apply only to the performance or exercise of

any function or power which each of the municipal corporations has the

authority by any general or special law to prescribe, perform, or

exercise separately.

3. Definitions. As used herein:

(a) "Municipality", means a city, town or village.

(b) "Community resource", means a specific public facility,

infrastructure system, or geographic area of special economic

development, environmental, scenic, cultural, historic, recreational,

parkland, open space, natural resource, or other unique significance,

located wholly or partially within the boundaries of one or more given

municipalities.

(c) "Intermunicipal overlay district", means a special land use

district which encompasses all or a portion of one or more

municipalities for the purpose of protecting, enhancing or developing

one or more community resources as provided herein.

4. Intermunicipal agreements. In addition to any other powers granted

to municipalities to contract with each other to undertake joint,

cooperative agreements any municipality may:

(a) create a consolidated planning board which may replace individual

planning boards, if any, which consolidated planning board shall have

the powers and duties as shall be determined by such agreement;

(b) create a consolidated zoning board of appeals which may replace

individual zoning boards of appeals, if any, which consolidated zoning

board of appeals shall have the powers and duties as shall be determined

by such agreement;

(c) create a comprehensive plan and/or land use regulations which may

be adopted independently by each participating municipality;

(d) provide for a land use administration and enforcement program

which may replace individual land use administration and enforcement

programs, if any, the terms and conditions of which shall be set forth

in such agreement; and

(e) create an intermunicipal overlay district for the purpose of

protecting, enhancing or developing community resources that encompass

two or more municipalities.

5. Special considerations. (a) Making joint agreements. Any agreement

made pursuant to the provisions of this section may contain provisions

as the parties deem to be appropriate, and including provisions relative

to the items designated in paragraphs a through m inclusive as set forth

in subdivision two of section one hundred nineteen-o of the general

municipal law.

(b) Establishing the duration of agreement. Any agreement developed

pursuant to the provisions of this section may contain procedures for

periodic review of the terms and conditions, including those relating to

the duration, extension or termination of the agreement.

(c) Amending local laws or ordinances. Local laws or ordinances shall

be amended, as appropriate, to reflect the provisions contained in

intermunicipal agreements established pursuant to the provisions of this

section.

6. Appeal of action by aggrieved party or parties. Any officer,

department, board or bureau of any municipality with the approval of the

legislative body, or any person or persons jointly or severally

aggrieved by any act or decision of a planning board, zoning board of

appeals or agency created pursuant to the provisions of this section may

bring a proceeding by article seventy-eight of the civil practice law

and rules in a court of record on the ground that such decision is

illegal, in whole or in part. Such proceeding must be commenced within

thirty days after the filing of the decision in the office of the board.

Commencement of the proceeding shall stay proceedings upon the decision

from which the appeal is taken. All issues in any proceeding under this

section shall have a preference over all other civil actions and

proceedings.

7. Any agreements made between two or more municipalities pursuant to

article five-G of the general municipal law or any other law which

provides for the undertaking of any land use regulation or activity on a

joint, cooperative or contract basis, if valid when so made, shall not

be invalidated by the provisions of this section.

8. The provisions of this section shall be in addition to existing

authority and shall not be deemed or construed as a limitation,

diminution or derogation of any statutory authority authorizing

municipal cooperation.

Separability clause. If any part or provision of this article

or the application thereof to any person or circumstance be adjudged

invalid by any court of competent jurisdiction, such judgment shall be

confined in its operation to the part, provision or application directly

involved in the controversy in which such judgment shall have been

rendered and shall not affect or impair the validity of the remainder of

this article or the application thereof to other persons or

circumstances and the legislature hereby declares that it would have

enacted this article or the remainder thereof had the invalidity of such

provision or application thereof been apparent.

Police departments. The board of trustees of a village may, by

resolution, establish a police department in such village and appoint a

chief of police and such personnel as may be needed, and fix their

compensation. The board of trustees may abolish a police department

established pursuant to this section by local law, subject to permissive

referendum, and the department shall be deemed abolished as presented in

such proposition. The board of trustees of a village, upon establishing

or abolishing a police department, shall notify the commissioner of the

division of criminal justice services of such action within thirty days

thereafter.

Powers and duties of police officers. The police officers so

appointed shall have all the powers and be subject to the duties and

liabilities of constables of towns in serving process in any civil

action or proceeding. In addition to other powers conferred by law, said

police officers shall have power to execute any warrant or process

issued by a court of the county or counties in which such village is

situated.

Discipline and charges. 1. Except as otherwise provided by

law, a member of such police force or department shall continue in

office unless suspended or dismissed. The board of trustees or municipal

board shall have power and is authorized to adopt and make rules and

regulations for the examination, hearing, investigation and

determination of charges, made or preferred against any member or

members of such police force or department. Except as otherwise

provided, no member or members of such police force or department shall

be fined, reprimanded, suspended, removed or dismissed until written

charges shall have been examined, heard and investigated in such manner

or procedure, practice, examination and investigation as the board may

by rules and regulations from time to time prescribe. Any member of such

police force or department at the time of the hearing or trial of such

charges shall have the right to a public hearing and trial and to be

represented by counsel at any such hearing or trial, and any person who

shall have preferred such charges or any part of the same shall not sit

as judge upon such hearing or trial. Any and all witnesses produced in

such support of all or any part of such charges shall testify thereto

under oath. Any member of such force or department who shall have been

so dismissed shall not be reinstated as a member of such force or

department unless he shall within twelve months of his dismissal file

with such board a written application for a rehearing of the charges

upon which he was dismissed. Such board shall have the power to rehear

such charges and, in its discretion, reinstate a member of the force or

department after he has filed such written application therefor. Any

member of such force or department found guilty upon charges, after five

days' notice and an opportunity to be heard in his defense, of neglect

or dereliction in the performance of official duty, or violation of

rules and regulations, or disobedience, or incompetency, to perform

official duty, or an act of delinquency seriously affecting his general

character or fitness for office, may be punished by the board of

trustees or other municipal board having jurisdiction, by reprimand,

forfeiture and the withholding of salary or compensation for a specified

time not exceeding twenty days, suspension from duty for a specified

time not exceeding twenty days and the withholding of salary or

compensation during such suspension, or by dismissal from the

department. Such board shall have the power to suspend, without pay for

a period not to exceed thirty days, pending the trial of charges, any

member of such police force or department. If any member of such police

force or department so suspended shall not be convicted by such board of

the charges so preferred, he shall be entitled to full pay from the date

of suspension, notwithstanding such charges and suspension. 2.

Notwithstanding any other provision of law, no charges shall be

commenced more than three years after the occurrence of the alleged

neglect or dereliction in the performance of official duty, or violation

of rules and regulations, or disobedience, or incompetency, to perform

official duty, or an act of delinquency seriously affecting his general

character or fitness for office, complained of and described in the

charges provided, however, that such limitation shall not apply where

the aforementioned conduct complained of and described in the charges

would, if proven in a court of appropriate jurisdiction, constitute a

crime.

Review. The conviction of any member of such police force or

department shall be subject to review by the supreme court in the

judicial district in which such village is located, in the manner

provided by article seventy-eight of the civil practice law and rules on

the ground that said conviction is illegal provided the proceeding is

commenced within sixty days after the conviction.

Acts or resolutions of the board of trustees that are subject

to referendum on petition. l. Whenever this chapter shall expressly

provide that an act or resolution of the board of trustees is subject to

a permissive referendum, such act or resolution shall be subject to a

referendum on petition as set forth in the next section.

2. Within ten days after the performance of any act or the adoption of

any resolution by the board of trustees which is subject to a permissive

referendum as above described, the village clerk shall, in the same

manner as is provided for notice of a general village election, post and

publish a notice which shall set forth the date of the adoption of the

act or resolution and contain an abstract of such act or resolution

concisely stating the purpose and effect thereof, and indicating that

such act or resolution is subject to a permissive referendum.

3. Whenever any state statute shall provide that any local law or

resolution of the board of trustees is subject to a mandatory referendum

and if no other procedure is otherwise provided for, such referendum

shall be conducted as provided in this article as if such referendum

were a permissive referendum upon which a valid petition had been filed

with the date of adoption of such act or resolution by the board of

trustees being deemed the date of the filing of the petition. In the

event a mandatory referendum on the adoption of a local law is held at a

time other than at the time of a general village election for officers

as provided by section twenty-three of the municipal home rule law, such

referendum shall be conducted as provided in this article as if such

referendum were a permissive referendum upon which a valid petition had

been filed with the date of the adoption of such local law by the board

of trustees being deemed the date of the filing of the petition.

4. Whenever a village has provided that village elections shall occur

on the day of the general election pursuant to section 15-104 of the

election law, and:

a. whenever this chapter or any state statute shall provide that any

local law or resolution of the board of trustees is subject to a

mandatory referendum and if no other procedure is otherwise provided

for, such referendum shall be conducted as provided in section

twenty-three of the municipal home rule law; or

b. whenever this chapter or any state statute shall provide that an

act of resolution of the board of trustees is subject to a permissive

referendum, such act or resolution shall be subject to a referendum on

petition as set forth in paragraph a of subdivision one of section

twenty-four of the municipal home rule law.

Referendum on petition; registration list of electors. 1. An

act or resolution of the board of trustees as described in the preceding

section shall not take effect until thirty days after its adoption; nor

until approved by the affirmative vote of a majority of the qualified

electors of such village voting on such proposition for its approval if

within thirty days after its adoption there be filed with the village

clerk a petition signed and acknowledged by electors of the village in

number equal to at least twenty per centum of such electors in the

village, as shown on the register of electors for the previous general

village election, protesting against such act or resolution and

requesting that it be submitted to the electors of the village for their

approval or disapproval.

2. Unless the ownership of real property is otherwise required by law

as a qualification for voting on a proposition, any person qualified to

vote at a general village election may vote upon any proposition

submitted at a village election.

3. Except as otherwise provided in the election law, it shall be the

duty of the village clerk to make and file in his office, at least ten

days before any such proposition is submitted at a special election

called solely for that purpose an accurate registration list of

electors, alphabetically arranged, qualified to vote on the proposition.

The village clerk may use any or all of the following to obtain the

information necessary to properly prepare such list:

(a) Register of electors in last preceding village election.

(b) Towns register of electors for last preceding general election

covering all the area of the village.

(c) Last preceding county register of electors.

(d) Any other official record or source that will aid in producing the

most accurate registration list of electors.

Such registration list of electors shall be made available and

disclosed to any elector of the village upon request. Any elector of the

village claiming to be qualified to vote upon such a proposition whose

name is not included in the registration list of electors therefor as

made by the village clerk, may apply to such clerk for a revision of

such list of electors to include his or her name. The village clerk upon

the presentation of proper proofs showing that the applicant is a duly

qualified elector shall revise such list of electors to include the name

of the applicant. The application to revise any such list of electors

may be made to the village clerk on or before the date of the election

at which the proposition is to be submitted.

4. The failure or refusal of the village clerk to revise any such list

of electors to include the name of a qualified elector so applying may

be reviewed in a proceeding under article seventy-eight of the civil

practice law and rules. The court upon petition for such a review shall

cause to be served upon the village clerk an order directing such clerk

to show cause why the statement should not be revised to include the

name of the petitioner. Such order must be made returnable on a date to

be fixed by the court not less than twenty-four hours after the order is

issued and served. If it shall appear upon the return of the order that

the petitioner is qualified to vote upon the proposition, the court

shall order the name of the petitioner to be included in the list of

electors and the village clerk shall revise such list accordingly. The

provisions of article seventy-eight of the civil practice law and rules,

not inconsistent with this act, shall apply to the review provided by

this section.

5. If such petition be so filed after the first day of the month in

which the general village election is to be held and before the first

day of the month two months prior to the next general village election,

a proposition for the approval of such act or resolution shall be

submitted at a special election of such village to be held not less than

ten nor more than sixty days after the filing of such petition.

6. If such petition be so filed on or after the first day of the month

two months prior to the month in which the general village election is

to be held and on or before the first day of the month in which the

general village election is to be held, a proposition for the approval

of such act or resolution shall be submitted at the said general village

election.

7. A special election hereunder shall be noticed, conducted, canvassed

and otherwise held in the same manner as a general village election.

8. Petition shall be made upon white paper containing the signatures

of qualified electors of the village. The sheets of such a petition

shall be numbered consecutively beginning with number one at the foot of

each sheet. Such petition must set forth in every instance the correct

date of signing, the full name of the signer, his present residence, the

ward if any and the village election district if any. A signer need not

himself fill in the date, residence, ward, or election district.

Each sheet of such petition shall be signed in ink and shall be

substantially in the following form:

To the Board of Trustees of this Village of ..........................

County of ......................, State of New York.

We, the undersigned, duly qualified electors of the village

of ............. respectfully petition that the following proposed act

or resolution ..... here insert title, abstract or identifying

number ..... be submitted to a vote of the qualified electors of the

village for their approval or rejection as provided by law.

Ward Village Election

Date Signature-Residence if any District if any

..... ................... ...... ................

..... ................... ...... ................

..... ................... ...... ................

Statement of Witness:

I, .................state: I am over the age of eighteen years and now

reside at ................................................... (residence

address, or postoffice address if not identical) in the Village

of ................... in the State of New York, County

of .................. . Each of the electors whose names are subscribed

to this petition sheet containing .........(fill in number) signatures,

subscribed his name in my presence.

I understand that this statement will be accepted for all purposes as

the equivalent of an affidavit and, if it contains a material false

statement, shall subject me to the same penalties as if I had been duly

sworn.

............ .........................

Date Signature of Witness

9. If, within five days after the filing of such petition, a written

objection thereto be filed with the village clerk, the supreme court or

any justice thereof of the judicial district in which such village or

any part thereof is located, shall determine any question arising

thereunder and make such order as justice may require. Such proceeding

shall be heard and determined in the manner prescribed by section 16-116

of the election law.

Proposition for the submission of acts or resolutions. A

proposition submitting an act or resolution of the board of trustees to

the approval of the electors pursuant to this chapter shall contain an

abstract of such act or resolution concisely stating the purpose and

effect thereof. The village clerk shall prepare such abstract

proposition in the form in which it is proposed to be submitted to the

board of trustees for approval. Said board shall submit the approved

proposition at an annual or special election in accordance with the

provisions of this chapter. If there be more than one such proposition

to be voted upon at such election, each proposition shall be separately

and consecutively numbered.

Reconsideration of act or resolution upon submission to

referendum. At any time after the adoption of an act or resolution and

not later than fifteen days prior to the election, the board of trustees

of the village may reconsider its action thereon and if upon such

reconsideration the said act or resolution is repealed, the proposition

for its approval shall not be submitted at such election or if

submitted, the vote of the electors thereon shall be without effect.

Referendum on acts or resolutions of the board of trustees

without petition. The board of trustees may, upon its own motion, cause

to be submitted for the approval of the qualified electors of such

village, an act or resolution of such board in connection with which a

petition could be filed as provided in this article and the proceedings

thereunder shall be the same as if such petition had been filed in

accordance with the provisions of this article.

Referendum for adoption of local law at village elections. 1.

Whenever, pursuant to law, public sports, exercises or shows are

permitted on the first day of the week after five minutes past one

o'clock in the afternoon upon the adoption of a local law by the board

of trustees of a village and the board of trustees of any village has

neglected, failed or refused to adopt a local law permitting such

sports, exercises or shows on the first day of the week after five

minutes past one o'clock in the afternoon, a petition, signed and

acknowledged by electors of the village qualified to vote as provided by

the election law may be filed with the village clerk requesting the

board of trustees to submit, at a village election, a proposition upon

the question of permitting such sports, exercises or shows on the first

day of the week after five minutes past one o'clock in the afternoon.

2. Upon the presentation of such petition, the board of trustees shall

cause the proposition to be submitted as hereinafter provided.

3. The proposition shall embody therein the language of local law

designed to permit such sports, exercises or shows on the first day of

the week after five minutes past one o'clock in the afternoon.

4. If such local law shall be approved by the affirmative vote of a

majority of the qualified electors of such village as above described

voting on such proposition, it shall be and become a local law of such

village without being adopted by the board of trustees thereof.

5. A local law adopted as provided in this section may be amended or

repealed in the same manner herein provided for its adoption.

6. If a petition under this section be filed after the first day of

the month in which the general village election is to be held and before

the first day of the month two months prior to the next general village

election, a special election shall be held not less than ten nor more

than sixty days after the filing of such petition.

7. If a petition be so filed on or after the first day of the month

two months prior to the month in which the general village election is

to be held and on or before the first day of the month in which the

general village election is to be held, the proposition shall be

submitted at the said general village election.

8. No special election shall be held hereunder in the month of March.

9. A special election hereunder shall be noticed, conducted, canvassed

and otherwise held in the same manner as a general village election.

Propositions--submission and special election. 1. The board of

trustees may, upon its own motion, and shall, upon the petition of at

least two hundred electors in villages containing a population of five

thousand or more; by at least one hundred fifty electors in villages

containing a population of at least three thousand and less than five

thousand; and by at least one hundred electors in villages containing a

population of one thousand and less than three thousand; and in villages

containing a population of less than one thousand, by electors numbering

at least ten percent of the number of voters registered for the last

general village election, cause a proposition on any of the questions

set forth in the following subdivision to be submitted at a regular or

special village election as such elections are defined in the election

law. If such petition request the holding of a referendum at a time

other than at such regular or special village election, such petition

must contain twice the number of signatures otherwise required. If such

petition does not request the holding of such a referendum, such

question shall be submitted at the next regular or special village

election for officers, held not less than thirty days after the filing

of such petition. If such petition requests the holding of a referendum

at a time other than at such regular or special village election, such

referendum shall be held no less than thirty, nor more than sixty, days

after the filing of such petition.

2. The questions which may or shall be submitted as propositions upon

petition or motion of the board of trustees, as hereinbefore provided,

are:

(a) Whether or not the area of the village should be diminished.

(b) Whether or not the village should be reincorporated.

(c) Whether or not the name of the village should be changed.

(d) Whether or not the month of the general village election should be

changed.

3. A special election for submission of a proposition shall be

noticed, conducted, canvassed and otherwise held in the same manner as a

general village election; provided, however, that a proposition for the

consolidation or dissolution of a village shall be noticed, conducted,

canvassed and otherwise held pursuant to, and in accordance with, the

provisions of article seventeen-A of the general municipal law.

Resubmission of defeated propositions. A proposition submitted

in pursuance of section 9-912 of this article or of section 9-900 of

this article and which has been defeated, or in the case of a permissive

referendum in which the action of the board of trustees has been

disapproved by a role of the electors, shall not again be submitted to

such electors until after the expiration of three months or until the

next general village election, whichever shall be the later.

Inconsistent local laws. No local law shall be adopted

changing, amending or superseding any of the provisions of this article.

General powers of the board of fire commissioners. The board

of fire commissioners of a village, subject to the approval of the board

of trustees:

1. Has the care, custody and control of all village property of the

fire department.

2. May purchase such equipment as is suitable and necessary to prevent

and extinguish fires within the village, or for the purposes of any

emergency and first aid squad organized within the fire department, and

uniforms for all active members of the fire department and keep the same

in good condition and repair.

3. May erect and maintain suitable and necessary buildings for the

fire department.

4. May construct and maintain reservoirs and cisterns and supply them

with water for use at fires.

5. May adopt rules for the admission, suspension, removal and

discipline of the members, officers and employees of the fire

department, may prescribe their powers and duties, and fix their

compensation not inconsistent with section 10-1018 of this article.

6. May adopt rules and regulations governing fire companies and fire

departments, prescribing the duties of the members thereof, and may

enforce discipline and provide for public drills, parades, funerals,

inspections and reviews of the village fire department, or any company

or unit thereof, within the village or at other places within the state,

any adjoining state or in Canada. Such rules and regulations shall not

authorize any member of the board of fire commissioners to interfere

with the duties of the fire chief or the assistant fire chief at such

times as the fire department or any company or squad thereof is on duty.

7. May appoint persons other than members or officers of the

department to take charge of village property, and may fix their

compensation.

8. May employ duty or " persons on call," to serve on a part-time

basis when necessary, and fix their duties and compensation. Such

part-time paid firefighters in the event of injury shall be entitled to

the applicable benefits provided for such part-time paid firefighters

under section two hundred seven-a of the general municipal law and in

the event of injury or death shall be entitled to the applicable

benefits, if any, provided for such part-time paid firefighters under

the retirement and social security law and the workers' compensation

law. Persons who are volunteer members of the village fire department

may be employed as such part-time paid firefighters, but in the event of

injury, death, disease, or infection, resulting from services performed

in line of duty as such part-time paid firefighters they shall not be

entitled to any of the benefits provided for volunteer firefighters

under the volunteer firefighters' benefit law, or under any policy of

blanket accident insurance purchased by the village or purchased by the

fire department to cover only volunteer members of such department.

9. May inquire into the cause and origin of fires occurring in the

village and may take testimony in relation thereto.

11. Notwithstanding any other provisions of law to the contrary, a

village may include as part of its budget an appropriation to fund an

annual firefighters' inspection-dinner for each fire company within the

village.

Rules and regulations. The board of fire commissioners may

adopt rules and regulations for the following purposes:

(a) To protect and preserve the village property and apparatus of the

fire department.

(b) To prevent danger from fires and to protect property exposed to

destruction or injury by fire.

(c) To provide for pulling down, blowing up and the removal of

buildings and property to arrest the progress of fires or extinguish the

same.

(d) To provide for the installation of yard hydrant systems connected

with the public water supply system in accessible locations on private

property for the protection of multiple residences enumerated in the

multiple residence law where the possibility of a serious fire hazard is

determined by the board to exist.

Organization of companies. The board of fire commissioners,

with the approval of the board of trustees, may organize and maintain

fire, hose, protective and hook and ladder companies, whenever in its

judgment the public interests require. The board of fire commissioners

may, by resolution, with the approval of the board of trustees, consent

to the incorporation of any of the companies so organized by them, or

may, by like approval, consent to the incorporation or the organization

without incorporation of as many companies voluntarily organized in said

village as may be deemed necessary.

Volunteer members of village fire companies. 1. The

volunteer members of a fire company shall be elected and appointed as

provided in this section.

2. The board of fire commissioners shall appoint residents of the

village as the volunteer members of any newly organized fire company.

Thereafter, the fire company may elect other eligible persons, including

village officers, as volunteer members. The election shall be pursuant

to the by-laws, if any, of the fire company; otherwise, by a

three-fourths vote of the members of the fire company present and voting

at a regular or special meeting thereof. The membership of any person so

elected shall become effective when approved by resolution of the board

of fire commissioners. Membership shall be deemed to have been approved

pursuant to this subdivision in the event that no action is taken by the

board of fire commissioners, either approving or disapproving, within

forty days after servce of written notice of election to membership

shall have been made by the secretary of the fire company upon the

village clerk, either personally or by mail.

3. Any person elected to membership as a volunteer member as a fire

company shall be a resident of the village or of territory outside the

village which is afforded fire protection by the fire department of the

village, or any fire company thereof, pursuant to a contract for fire

protection, except as otherwise provided in subdivision six.

4. The membership of a volunteer member of a fire company shall

terminate when he ceases to be a resident of the village or of any

territory outside the village which is afforded fire protection but the

fire department of the village, or any fire company thereof, pursuant to

a contract for fire protection, except as otherwise provided in

subdivision five.

5. Any fire company may authorize the continued membership of any

volunteer member where such member notifies the secretary of his or her

fire company (a) that he or she plans to change his or her residence to

territory which is not in the village and is not protected by the fire

department of the village, or any fire company thereof, pursuant to a

contract for fire protection, and (b) that by reason of his or her

residence in the vicinity or his or her usual occupation he or she will

be available to render active service as a volunteer firefighter in the

village or in territory outside the village which is afforded fire

protection pursuant to a contract for fire protection by the fire

department of the village, or a fire company thereof. Such authorization

shall be pursuant to the by-laws, if any, of the fire company of which

he or she is a member, otherwise by a three-fourths vote of the members

of such fire company present and voting at a regular or special meeting

thereof. Such authorization shall not become effective unless approved

by resolution of the board of fire commissioners. Such authorization

shall be deemed to have been approved pursuant to this subdivision in

the event that no action is taken by the board of fire commissioners,

either approving or disapproving, within forty days after service of

written notice of such authorization shall have been made by the

secretary of the fire company upon the village clerk, either personally

or by mail. Any membership continued pursuant to the provisions of this

subdivision shall terminate when the member cannot meet either the

requirements of this subdivision or the residence requirements of

subdivision three of this section. In the case of a village which

adjoins another state, the term "vicinity", as used in this subdivision,

includes territory in this state and territory in the adjoining state.

6. A person who cannot meet the residence requirements of subdivision

three of this section may be elected to membership as a volunteer member

of any fire company of the fire department if by reason of his or her

residence in the vicinity or his or her usual occupation he or she will

be available to render active service as a volunteer firefighter in the

village or in territory which is afforded fire protection pursuant to a

contract for fire protection by the fire department of the village or a

fire company thereof. Such election shall be pursuant to the by-laws, if

any, of the fire company; otherwise by a three-fourths vote of the

members of the fire company present and voting at a regular or special

meeting thereof. The membership of any person so elected shall not

become effective unless approved by resolution of the board of fire

commissioners. Membership shall be deemed to have been approved pursuant

to this subdivision in the event that no action is taken by the board of

fire commissioners, either approving or disapproving, within seventy

days after service of written notice of election to membership shall

have been made by the secretary of the fire company upon the village

clerk, either personally or by mail. The membership of any volunteer

member elected pursuant to the provisions of this subdivision shall

terminate when the member cannot meet either the requirements of this

subdivision or the residence requirements of subdivision three of this

section. In the case of a village which adjoins another state, the term

"vicinity", as used in this subdivision, includes territory in this

state and territory in the adjoining state.

7. The membership of any volunteer firefighter shall not be continued

pursuant to subdivision five of this section, and persons shall not be

elected to membership pursuant to subdivision six of this section, if,

by so doing, the percentage of such non-resident members in the fire

company would exceed forty-five per centum of the actual membership of

the fire company, provided however, that the provisions of this

subdivision shall not apply to the membership of the village of Blasdell

volunteer fire department, provided however, that the provisions of this

subdivision shall not apply to the membership of the village of Delanson

volunteer fire company in the village of Delanson, county of

Schenectady, provided however, that the provisions of this subdivision

shall not apply to membership of the village of Port Dickinson Fire

Department, within the village of Port Dickinson, Broome County,

provided however, that the provisions of this subdivision shall not

apply to the membership of the village of Briarcliff Manor fire

department, within the village of Briarcliff Manor, county of

Westchester, provided however, that the provisions of this subdivision

shall not apply to the membership of the village of Ardsley volunteer

fire department, within the village of Ardsley, county of Westchester,

provided however, that the provisions of this subdivision shall not

apply to the membership of the Buchanan Engine Company No. 1, within the

village of Buchanan, county of Westchester.

8. The board of trustees, or the board of fire commissioners subject

to approval of the board of trustees, by resolution may restrict the

membership of volunteer members in any or all of the fire companies of

the fire department to residents of the village. Any volunteer member

who then resides in territory outside the village shall cease to be a

member of any fire company to which the restriction is applicable unless

the resolution provides that his membership shall continue during the

existence of any contract for fire protection to such territory by his

company or the fire department or during the period in which he may

continue to meet the requirements of subdivision three, five or six.

9. Residents of outside territory protected pursuant to a contract for

fire protection who have been elected to volunteer membership, and

non-residents whose volunteer memberships have been continued or

authorized pursuant to subdivision five or six of this section, shall

have all the powers, duties, immunities, and privileges of resident

volunteer members, except (1) non-residents of the state may not be

appointed or elected to any office in the fire company or fire

department, and (2) a non-resident of this state whose membership has

been continued pursuant to subdivision five of this section, or a

non-resident of this state who was elected to membership pursuant to

subdivision six of this section, shall not be considered to be

performing any firemanic duty, or to be engaged in any firemanic

activity, as a member of the fire company while he or she is outside of

this state unless and until he or she has first reported to the officer

or firefighter in command of his or her fire department, or any company,

squad or other unit thereof, engaged or to be engaged in rendering

service outside this state, or has received orders or authorization from

an officer of the fire department or fire company to participate in or

attend authorized activities outside of this state in the same manner as

resident members of the fire company.

10. A person shall not be eligible to volunteer membership in more

than one fire company at one time.

11. The term "contract for fire protection" as used in this section

means one under which a cash consideration is received by the village or

by the fire department or a fire company thereof for the furnishing of

fire protection to an area outside the village. Any such contract shall

be deemed in full force and effect for the purposes of this section if

negotiations are pending for the renewal thereof.

12. In a village where there is no board of fire commissioners, the

board of trustees shall have the powers and perform the duties of such

board which are prescribed in this section.

13. The provisions of this section shall not be deemed to authorize

the election of any person as a member of a fire company or the

continuance of membership in a fire company as herein provided if such

election or continuance of membership shall be contrary to the by-laws,

rules or regulations of the fire company or of the fire department of

the village.

14. A village may not adopt a local law changing, amending or

superseding this section.

15. Any person:

(1) who was recognized prior to the first day of July, nineteen

hundred fifty-four, as a volunteer member of any fire company of a

village subject to the provisions of this article by the board of

trustees or board of fire commissioners of the village or by the

officers and members of his fire company, and

(2) who rendered active service with such fire company prior to such

date, and

(3) who was, at the time of his or her nomination for membership, a

resident of the village or of territory outside of the village which was

afforded fire protection by the fire department of the village, or any

fire company thereof, pursuant to a contract for fire protection, shall

for all purposes in law be considered to have been duly nominated and

appointed to membership in such fire company as of the date of such

appointment, if any, and, if none, then as of the date of such

nomination; notwithstanding that there may have been some legal defect

in such nomination, or the proceedings precedent thereto, or a failure

of the board of fire commissioners or board of trustees to appoint such

member, as provided by law in force at the time of such nomination, and

the status of such person as a volunteer firefighter as of the date of

such appointment or nomination is hereby legalized, validated and

confirmed. An election to membership in a fire company shall be deemed

equivalent to a nomination for membership for the purposes of this

subdivision in the event that a formal nomination for membership was

never presented to a board of fire commissioners or board of trustees as

provided by the law in force prior to the first day of July, nineteen

hundred fifty-four, and, for the purposes of this subdivision, such

election, and the proceedings precedent thereto, shall be considered to

have been held and conducted in the manner required by law. This

subdivision shall not apply to a person, if any, whose volunteer

membership in a fire company was declared invalid by a court of

competent jurisdiction prior to the first day of January, nineteen

hundred fifty-five.

16. Any person:

(1) who was recognized on and after the first day of July, nineteen

hundred fifty-four and prior to the first day of January, two thousand

eleven, as a volunteer member of any fire company of a village subject

to the provisions of this article by the board of trustees or board of

fire commissioners of the village or by the officers and members of his

fire company, and

(2) who rendered active service with such fire company between such

dates, and

(3) who was, at the time of his or her election to membership, a

resident of the village or of territory outside the village which was

afforded fire protection by the fire department of the village, or any

fire company thereof, pursuant to a contract for fire protection, or who

was a non-resident who was elected to membership or who was continued as

a member, pursuant to the provisions of subdivisions five or six of this

section, shall for all purposes in law be considered to have been duly

elected and approved, or continued, as a member in such fire company as

of the date of such approval, if any, and, if none, then as of the date

of such election or, in the case of a continuance, as of the date of the

approval, if any, by the board of fire commissioners or the board of

trustees, and, if none, as of the date of authorization of continuance

by the fire company; notwithstanding that there may have been some legal

defect in such election, or the proceedings precedent thereto, or a

failure of the board of fire commissioners or board of trustees to

approve such member, or approve the continuance of membership of such

member, as provided by the law in force at the time of such election, or

continuance, and the status of such person as a volunteer firefighter as

of the date is hereby legalized, validated and confirmed. This

subdivision shall not apply to a person, if any, whose volunteer

membership in a fire company was disapproved by the board of trustees or

board of fire commissioners or declared invalid by a court of competent

jurisdiction prior to the first day of January, two thousand eleven.

17. (a) It shall be an unlawful discriminatory practice for any

volunteer fire department or fire company, through any member or members

thereof, officers, board of fire commissioners or other body or office

having power of appointment of volunteer firefighters in any fire

department or fire company pursuant to this section, because of the

race, creed, color, national origin, sex or marital status of any

individual, to exclude or to expel from its volunteer membership such

individual, or to discriminate against any of its members because of the

race, creed, color, national origin, sex or marital status of such

volunteer members.

(b) Any person claiming to be aggrieved by an unlawful discriminatory

practice pursuant to this section may by himself or his attorney at law

make, sign and file with the state division of human rights, a verified

complaint which shall set forth the particulars of the alleged unlawful

discriminatory practice and contain such other information as the

division of human rights may require. The division shall thereupon cause

to be made an investigation and disposition of the charges pursuant to

the provisions of article fifteen of the executive law.

18. A person who has been convicted of arson in any degree shall not

be eligible to be elected or appointed as a volunteer member of a fire

company. The membership of any volunteer member of a fire company shall

immediately terminate if he is convicted of arson in any degree while a

member of a fire company.

19. Upon application by any person for membership in a fire company

operating pursuant to this section, the fire chief shall cause the

applicant's background to be checked pursuant to section eight hundred

thirty-seven-o of the executive law for a criminal history involving a

conviction for arson and conviction of a crime which requires the person

to register as a sex offender under article six-C of the correction law.

Where such criminal history information includes conviction of a crime

which requires the person to register as a sex offender under article

six-C of the correction law, a fire company shall determine whether or

not such person shall be eligible to be elected or appointed as a

volunteer member of such fire company. Such determination shall be made

in accordance with the criteria established in sections seven hundred

fifty-two and seven hundred fifty-three of the correction law.

Incorporation of fire department. The members of all the

fire, hose, protective and hook and ladder companies of a village,

organized and maintained in pursuance of law, constitute a corporation

by the name of the "fire department of.........." The term, fire

department of a village, as used in this chapter, refers to such a

corporation.

Election of company officers and delegates. Each of the

several companies whose members constitute the fire department of the

village shall hold an annual meeting on the first Tuesday in April in

each year, except those fire companies constituting the fire department

of the village of Fishkill, Dutchess county, and the village of

Croton-on-Hudson, Westchester county, which shall hold such annual

meetings on the first Tuesday in December of each year. At such meeting

the members of each company shall elect by ballot from their own number

a captain and a lieutenant, and such further officers if any as may be

provided for in the by-laws of the company, who must be approved by the

board of fire commissioners, one warden and one delegate to the general

convention of the fire department. The terms of office of the captain

and lieutenant and such further officers if any, as are elected as

herein provided, shall be one year, the wardens two years, and the

delegates three years, respectively, and any vacancies occurring in any

such offices shall be filled by election in like manner. At the first

annual meeting after this act takes effect two wardens and three

delegates shall be elected, the wardens to serve for one and two years,

respectively, and the delegates for one, two and three years,

respectively. Any person who has been convicted of arson in any degree

shall not be eligible for election to the office of captain, lieutenant,

warden, delegate and any other offices provided for in the by-laws of

the company. Any captain, lieutenant, warden, delegate or other officer

of the company who is convicted of arson in any degree during their term

of office shall be disqualified from completing such term of office.

Chief and assistant chiefs. 1. The chief and the first and

second assistant chiefs and such additional assistant chiefs, if any, as

may be provided for in the by-laws of the fire department shall each be

a member thereof and a resident of the state of New York; provided,

however, that fire department officers of the fire department of the

village of Hancock, Delaware county, need not be residents of the state

of New York. In addition, the board of trustees, or the board of fire

commissioners subject to the approval of the board of trustees, may, by

resolution, require that any or all of such fire department officers

shall be residents of the village. The delegates elected to the general

convention of the fire department shall meet at the council room thereof

on the Thursday following the first Tuesday in April, except the elected

delegates of the fire department of the village of Fishkill, Dutchess

county, which shall meet on the first Tuesday in December, and nominate

a person for each of such offices and except the elected delegates of

the fire department of the village of Croton-on-Hudson, Westchester

county, which shall meet on the Thursday following the first Tuesday in

December; but the fire commissioners of any village may adopt a rule

requiring all such nominations to be made on the day of the meeting by a

vote of the duly qualified members of the department, in which case the

meeting of the delegates in general convention, as provided for in this

section, shall be dispensed with. The person acting as secretary of such

convention shall forthwith file in the office of the village clerk a

certificate of such nominations. The board of fire commissioners at its

next meeting shall consider the nominations and appoint such persons to

the offices to which they are respectively nominated or, if a nomination

is not approved the board shall reconvene the general convention, which

shall submit a new nomination to take the place of any nomination not

approved, which procedure shall continue until a full set of officers is

approved. A person who has been convicted of arson in any degree shall

not be eligible for nomination, election or appointment to the office of

chief or assistant chief. Any fire chief or assistant chief who is

convicted of arson in any degree during their term of office shall be

disqualified from completing such term of office.

2. Notwithstanding the provisions of any general, special or local law

inconsistent herewith any such chief or assistant chief of a village

fire department need not be a resident of the village in order to serve

as a member of the council of the fire department of the village

pursuant to section 10-1014 of this article unless the board of

trustees, or the board of fire commissioners subject to the approval of

the board of trustees, has, by resolution, as provided in this section,

required that any or all of such fire department officers shall be

residents of the village. Except as otherwise provided pursuant to this

subdivision, a person shall not hold the office of village mayor or

village trustee and the office of chief or assistant chief of a village

fire department at the same time. A village trustee who does not, either

as an individual or as a member of a board, appoint or approve the

appointment of the chief or assistant chief of a village fire

department, may hold the office of chief or assistant chief at the same

time. Notwithstanding any inconsistent provision of law, a person who is

the chief or an assistant chief of a village fire department, if he is

otherwise qualified, may be elected to the office of village mayor or

village trustee or may be appointed to the office of village mayor or

village trustee to fill a vacancy and, if he is so elected or appointed,

his office as chief or assistant chief, as the case may be, shall become

vacant upon his taking his oath of office as village mayor or village

trustee.

Council of fire department. In a village in which separate

fire commissioners are not appointed, the chief, the assistant, and the

wardens of the several companies constitute the council of the fire

department. The council shall meet on the third Tuesday in April in each

year, except for the council of the fire department of the village of

Fishkill, Dutchess county, which shall meet on the first Tuesday of

December, and choose from its own number a secretary, a treasurer and a

collector of the fire department, who shall hold their respective

offices for one year unless sooner removed by the council. A vacancy in

the office of secretary, treasurer or collector shall be filled by the

council at its next meeting for the balance of the unexpired term. Such

council shall have all the powers and be subject to all the liabilities

and perform all the duties of a separate board of fire commissioners, as

prescribed in section 10-1000 of this article, except subdivisions two,

three, four and eight and the fixing of compensation under subdivisions

five and seven of such section, and as to the provisions of such

subdivisions such council shall only recommend to the board of trustees

of the village. A majority of the members of such council constitute a

quorum, and may make and prescribe by-laws for the proper management of

the affairs and the disposition of the funds of the fire department, may

call meetings of the members, and designate one or more days in each

year for public exercise, inspection and review.

Annual meeting of fire department. The members of the

several companies constituting the fire department shall hold an annual

meeting at such time and place as the council may direct.

Duties of chief and assistants. The chief shall be president

of the council and of the meetings of the fire department. He shall,

under the direction of a separate board of fire commissioners, if any,

have exclusive control of the members at all fires, inspections and

reviews, the supervision of the engines, hose and other apparatus owned

by the village for the prevention or extinguishment of fires, of all

property owned by the fire department, and of all officers and employees

thereof elected or employed by the council or by a separate board of

fire commissioners, if any. He shall, whenever required by the board of

fire commissioners, report to the board the condition of the property of

the department and such other information respecting the department as

may be required. He shall hold the members, officers and employees of

the department strictly to account for neglect of duty, and may, in a

village in which separate fire commissioners are not appointed, suspend

or discharge them at any time, subject to the approval of two-thirds of

the members of the council at the next meeting. He shall, upon

application, and if authorized by the council, or a separate board of

fire commissioners, if any, issue through the secretary of the fire

department a certificate of the time of service of a member of the fire

department, and shall give to each officer of the department immediately

after his election a certificate thereof countersigned by the secretary.

In case of the inability or absence of the chief, the first assistant

and in case of the absence or inability of both the chief and first

assistant, the second assistant, and in the absence of the second

assistant, the third assistant, if any, and in the absence of the third

assistant, if any, the fourth assistant, if any, shall perform the

duties and have all the powers of the chief.

Abolition of fire department; employment of paid

firefighters. The board of trustees of any village may, by resolution,

abolish, in whole or in part, the fire department in such village, which

action of the board of trustees shall be subject to a permissive

referendum as defined in this chapter; if such fire department is

abolished, all the money and property of such department shall be turned

over by the officers of such department or by the fire commissioners to

the board of trustees within ten days after service of notice on such

officers or commissioners of the action of the board of trustees. Or,

the board of trustees may, by resolution, determine that one or more

firefighters shall be employed to act with such voluntary department and

may fix the salary of such firefighters; the board of trustees may also

determine that such paid firefighters shall have charge of all apparatus

and other equipment and that the voluntary department shall act under

the orders of such paid firefighter or firefighters.

Fire inspection in contract areas. The chief officer of the

fire department or fire company which is to furnish fire protection

service to a village under a contract for fire protection may inspect

(1) any public building and (2) with the consent of the owner, any

privately-owned building, located within the village or the portion

thereof required to be protected under such contract, for fire hazards,

or such chief officer may delegate such power of inspection to an

officer or member of such department or company.

The term "building," as used in this section does not include a

multiple dwelling which may be inspected by such fire department or

company under and pursuant to the provisions of subdivision four of

section three hundred three of the multiple residence law.

The failure of any such officer or member to discover and properly

report any such fire hazards or his or her neglect or omission to

perform such duties shall not subject him or her, his or her fire

department, fire company, or the city, village, fire district or town in

which or of which he or she is a firefighter to any civil or other

liability. Any such fire officer or member shall not be liable civilly

for any act or acts done by him or her as a firefighter in the

performance of such duties, except for wilful negligence or malfeasance,

but the provisions of this section shall not relieve any such city,

village, fire district, town, or fire company from liability, if any,

for the negligent or wrongful acts of the officer or member in the

actual performance of such duty.

Contracts for water supply. The board of water commissioners

may contract, in the name of the village, with an individual or

corporation for supplying water to the village for extinguishing fires

or for other public purposes; but such contracts shall not be made for a

longer period than forty years. The amount of such contract shall be

paid in installments in accordance with the resolution of the board

authorizing same.

Resolution for establishment of water works. The board of

trustees of any village may by resolution determine upon the

establishment of a system of water works for supplying the village and

its inhabitants with water, or for the acquisition of an existing

private system, at an expense in either case not exceeding the sum

stated in the resolution.

Acquisition of existing system. If a resolution be adopted

for the acquisition of an existing system of water works, the board of

water commissioners may purchase the same at a price not exceeding the

sum specified therein. If the board cannot agree with the owners of the

system for its purchase, proceedings may be taken to acquire the same

pursuant to the provisions of the eminent domain procedure law.

Establishment of water works. If a resolution to establish a

system of water works be adopted, the board of water commissioners shall

proceed to construct such system accordingly. It shall prepare a map and

plans showing the sources of water supply and a description of the

lands, streams, water or water rights to be acquired therefor, and the

mode of constructing the proposed water works and the location thereof,

including reservoirs, mains, distributing pipes and hydrants. The water

commissioners, their agents, servants and employees, may enter upon any

lands for the purpose of preparing such map and plans. The map and plans

shall be filed with the village clerk, and a certified copy of such map

shall also be filed in the county clerk's office of each county in which

any of the lands are situated. The board of water commissioners may

acquire, in the name of the village, by purchase, if it can agree with

the owners, or otherwise by condemnation, any land, streams, water or

water rights necessary for such system. The board may amend the map and

plans at any time and such amended map shall be filed in the office of

the village clerk, and of the county clerk, in like manner as the

original. The board may construct such water system by contract or

otherwise, and may appoint, and at pleasure remove, a superintendent to

take charge of the system, and may fix his compensation or may, by

resolution, provide that any other village officer shall also act as the

superintendent of water.

Supervision and extension of system. A system of water works

acquired or established under this article shall be under the control

and supervision of the board of water commissioners. The board shall

keep it in repair and may, from time to time, extend the mains or

distributing pipes within the village, replace obsolete, inadequate,

damaged, destroyed or worn-out apparatus and equipment, improve or

reconstruct existing facilities and appurtenances and acquire or

construct additional facilities. The board of water commissioners may

determine that the cost of extending the mains or distributing pipes, as

herein provided, shall be borne wholly by the village, or wholly by the

owners of land benefited or abutting on the street on which said work is

done, or partly at the expense of each. If such expense or any part

thereof is to be assessed upon adjoining land, the board of water

commissioners may apportion it upon the land and assess the same as a

whole or by installments. Such assessment and the collection thereof

shall be made pursuant to the provisions of article five of this

chapter.

Water pipes in highways outside of village. The board of

water commissioners of a village may cause water pipes to be laid,

relaid or repaired under any public highway in a county in which any

part of such village is situated, or in an adjoining county, for the

purpose of introducing water into and through the village; and shall

cause the surface of such highway to be restored to its usual condition;

and said board of water commissioners may also acquire, take over, and

accept from any individual or corporation, gratuitously, or at a nominal

consideration any water pipes which have been heretofore laid under any

of such public highways in a county in which any part of such village is

situated, or in an adjoining county, for the purpose of continuing the

supply of water or for the purpose of introducing water into and through

such territory, outside of such village, where such water pipes are

situated, and supplying the inhabitants thereof with water.

Connections with mains. 1. Supply pipes, connecting with

mains and used by private owners or occupants, shall be laid and kept in

repair at their expense, as in this section or in other sections of this

act provided. Such pipes can only be connected with the mains by the

permission and under the direction of the board of water commissioners

and in accordance with their rules and regulations. A member of the

board or its authorized agents may at any time enter a building or upon

the premises where there is a supply pipe or pipes, and make necessary

examinations or repairs.

2. The board of water commissioners may cause a notice to be published

in the official newspaper of the village, requiring the owners or

occupants of any and all property fronting or abutting on any street or

portion thereof in or upon which any public water main or distributing

pipe is about to be laid or is being laid or has been laid by the said

board to make and lay connection pipes to and from the water mains or

distributing pipes in said street or any portion thereof in front of

each separate piece of property or to repair such connection pipes to

and from the water mains or distributing pipes in said street or any

portion thereof in front of or upon each separate piece of property and

where directed by said board, within such time and in such manner and

under such inspection as said board shall prescribe, and whenever any

such owner or occupant shall have made default in making such

connections with said water mains or distributing pipes opposite the

lands and premises owned or occupied by him or whenever such owner or

occupant shall have made default in repairing supply pipes connecting

with mains opposite or upon the land and premises owned or occupied by

him as directed in and required by said printed notice therefor in the

manner and within the time specified, the said board shall have power

and authority to so make, extend and complete the same and the actual

expense thereof, including all labor done and materials used in doing

and completing the same, shall be assessed by the trustees of the

village upon each separate piece of property opposite or upon which the

same shall be done and completed and shall be a lien and liens on said

premises and lots of land respectively, and the same shall be collected

in the same manner as other local assessments or assessments for local

improvements as provided by the special charter of the village or the

general village laws of the state as the case may be, and when so

collected the amount thereof shall be paid into the water fund of the

village. Nothing herein contained shall be construed to prevent the

financing, in whole or in part, pursuant to the local finance law, of

any expense incurred by the village pursuant to this section.

3. If the notice published by the board of water commissioners,

pursuant to the provisions of subdivision two of this section, contains

a statement that the failure to comply with such notice shall cause the

board of water commissioners to discontinue the water supply to the

property concerned, the board of water commissioners may, after mailing

a copy of the notice to the owner of the property at his last known

address, discontinue the water supply within thirty days after the time

for making the repairs which was set forth in the notice that had

elapsed.

Alternative provision for connections with mains. The board

of commissioners shall have authority to determine the manner and

conditions under which said supply pipes shall be installed and shall

have authority to install and maintain said supply pipes and to adopt

such uniform service charges as they deem just for each supply pipe so

connected with the mains or distributing pipes and extending to the

street or right of way lines, regardless of the location of said water

mains or distribution pipe within said streets or rights of way lines

and regardless of the soil, rock or other physical conditions within

said streets or rights of way lines.

Such uniform service charge as the board may adopt shall be any

percentage of the cost up to but not exceeding the average actual cost

of installing such supply pipes as before described. Such percentage of

the average actual cost of installing such supply pipes as may not be

charged shall be borne by the village.

The said board shall have authority to apply such percentage of the

average actual cost of installing such supply pipes as the village might

pay, to such other supply pipe connection for the same property or

properties as in the judgment of the board might be advisable.

The board of water commissioners may cause a notice to be published in

the official newspaper of the village and if so published, shall serve

on the owners or occupants a printed notice notifying such owners and

occupants of any and all property fronting or abutting on any street,

right of way or portion thereof, in or upon which any public water main

or distributing pipe is about to be laid or is being laid or has been

laid by said board, that connection pipes to and from the water mains or

distribution pipes in said street, right of way or any portion thereof

in front of each separate piece of property and where directed by said

board, shall be installed by said board in such manner and under such

conditions and at such prices as said board shall prescribe.

The said board shall have authority to assess the actual cost of such

connection pipes or such service charge as may be determined and the

actual cost of maintaining the same upon the property so connected.

Should the owner of said property so connected fail to pay the cost or

charge thereof, the said board shall have authority to add such cost or

charge to the annual tax on such property and collect the same,

therewith, and when so collected, the amount thereof shall be paid into

the water fund of the village. Nothing herein contained shall be

construed to prevent the financing, in whole or in part, pursuant to the

local finance law, of any expense incurred by the village pursuant to

this section.

Rules, regulations, and local laws. The board of water

commissioners may adopt rules, regulations and local laws not

inconsistent with law, for enforcing the collection of water rents and

relating to the use of the water, and may enforce observance thereof by

cutting off the supply of water.

Establishment of water rents. The board of water

commissioners shall establish a scale of rents for use of water, to be

called "water rents", and to be paid at such times and in such manner as

the board may prescribe. The board may provide that a discount shall be

allowed for the prompt payment of water rents within the time required

by the board for the payment thereof. Such rents, together with the

amount of any penalty prescribed by the board and due for non-payment of

such rents within a time prescribed by the board, shall be a lien on the

real property upon which or in connection with which the water is used,

and such a lien is prior and superior to every other lien or claim,

except the lien of an existing tax. Such board shall certify to the

village clerk the amounts of all such unpaid water rents, including

penalties computed to the first day of the month following the month in

which the fiscal year commences, with a description of the real property

affected thereby. The village clerk shall present such certificate to

the board of trustees and shall enter the same or an abstract thereof in

the minutes of the meeting. The board of trustees shall include such

amounts in the annual tax levy and shall levy the same upon the real

property in default. Whenever an unpaid water rent shall be included in

the annual village tax levy, as above provided, the water fund shall be

credited with the amount of the unpaid rent, including penalties, and

the amount so levied, when collected, shall be paid into the general

fund.

Supplying water outside of corporate limits. The board of

water commissioners may sell to a corporation, individual or water

district outside the village the right to make connections with the

mains or reservoirs of such village for the purpose of drawing water

therefrom and fix the prices and conditions therefor. The board of water

commissioners of any village may contract with the state of New York or

with the state authority having control and supervision of any state

institution to furnish water to such state or state institution either

within or without the corporate limits of said village upon such

conditions and conferring such powers in the state or such state

authority and for such compensation as said board of water commissioners

and the state of New York or such state authority may agree. If the

mains are or shall be laid in or through another municipal corporation

not having a public system of water works, the board of water

commissioners may itself lay additional pipes for the purpose of

distributing water from such mains, and shall have the same rights in

the streets or highways of such other municipal corporation as if the

principal system were established therein. The board shall not sell nor

permit the use of water under this section if thereby the supply for the

village or its inhabitants will be insufficient.

Outside extension of mains. The board of trustees may, by

resolution, determine to extend water mains outside the village. Such

resolution shall contain a general description of the proposed extension

and the estimated expense thereof and the amount thereof, if any, to be

expended by the village. If the resolution be adopted, the board of

water commissioners shall make the extension accordingly. If such

extension is made, the board of water commissioners shall adopt rules,

regulations and rates to apply to all consumers outside of the village.

Contracts for purchase and sale of water. 1. The board of

water commissioners may contract with the town board on behalf of the

town or a water supply, fire alarm or fire protection district thereof,

or with the board of trustees of a village or the board of fire

commissioners of a fire district, respectively, to furnish water for the

extinguishment of fires, including the furnishing, erection,

maintenance, care and replacement of fire hydrants, the erection and

maintenance of markers therefor, and the removal of snow and ice to

provide access thereto, or for sanitary or other public purposes, for

any period not exceeding ten years. The amount payable each year under

such a contract shall be raised as a part of the expenses of such town

or water supply, fire alarm or fire protection district thereof, village

or fire district, and paid to the treasurer of the village owning such

system of water works. Nothing herein contained shall be deemed to alter

or remove any of the limitations, restrictions or procedural

requirements provided in sections one hundred eighty-four-a and one

hundred eighty-four-b of the town law.

2. The board of water commissioners of any village maintaining its own

water distribution system may contract in the name of such village with

any public corporation or improvement district which possesses the power

to sell a supply of water, for the purpose of purchasing all or any

portion of the water supply of such village from such public corporation

or improvement district for such period as may be deemed necessary, but

not in excess of forty years. The term "public corporation" as used in

this subdivision shall mean a public corporation as defined in the

general corporations law and also any joint water works corporation

formed under the provisions of chapter six hundred fifty-four of the

laws of nineteen hundred twenty-seven, as amended.

Water mains connecting with reservoirs of New York city. A

proposition may be submitted at a village election to authorize any

incorporated village of the state of New York to contract with the city

of New York to take and receive from any of the reservoirs, aqueducts,

conduits, streams or pipes of the city of New York, including any water

supply, reservoir, works, et cetera, for the supply of any public

institution of said city, a supply of water for the uses and purposes of

the said village, on such terms, conditions and stipulations as such

village and city may deem necessary and to that end such village is

authorized and empowered to lay the necessary mains and pipes to the

source of supply, valves, hydrants, supply pipes, and other necessary

appurtenances for the use of said water, including its purification,

without the consent of any board, officer, bureau, or department of the

state, or any subdivision thereof, and to issue its bonds to pay

therefor. The connections with said reservoirs, aqueducts, conduits,

streams or pipes shall be made at the expense of such village, and such

village shall pay to the city of New York water charges or rates in the

same amounts as are charged by the city of New York to persons using

water in that city. Any such village desiring to take and receive water

under the provisions of this section shall make application to the

proper officer in charge of the water supply of the city of New York in

writing, stating the place and manner in which it is proposed to make

said connections, which said officer in charge of the water supply of

the city of New York shall have exclusive jurisdiction in the premises,

to the exclusion of any other board, officer, bureau or department of

the state or any subdivision thereof. Provided said city agrees to sell

and said village agrees to purchase water, it shall be the duty of the

said officer to grant a permit or authorization for the said

connections, under reasonable rules and regulations, including the

installation of proper meters, or other devices for ascertaining the

quantity of water thus taken.

Sale or lease of water supply and distribution system.

Notwithstanding the provisions of any other law, general or special, a

village may (1) sell or lease its water supply and distribution system,

or any part thereof, to a water authority, a county water district or a

joint water works system established pursuant to article five-B of the

general municipal law or (2) sell, transfer or lease properties

constituting its water supply and distribution system, or any part

thereof, for a fair consideration, to any person or public corporation

for any use other than the supply or distribution of water for potable

purposes upon a determination by the board of trustees of the village

that the properties to be sold, transferred or leased are no longer

necessary for water supply or other village purposes. The proceeds of

such sale, transfer or lease shall be deposited in a reserve fund

established for the purpose of retiring outstanding obligations issued

by the village to finance the cost of the facilities sold and shall be

expended only for such purpose, except as provided below. If the

proceeds exceed the sum of all installments of principal of and interest

on such indebtedness due or to become due, or if, when all such

outstanding obligations shall have been retired, any moneys remain

unexpended in the reserve fund, such excess moneys may be used for any

village purpose.

Contracts for lighting. The board of light commissioners may

contract, for a period not to exceed ten years, in the name of the

village, with an individual or corporation, for lighting the streets,

public grounds and public buildings of the village by gas, electricity

or other substance.

Establishment of lighting system. The board of trustees may,

by resolution, provide for the establishment of a system for supplying

the village and its inhabitants with light by any approved method, or

for the acquisition of an existing private system, at an expense in

either case not exceeding the sum stated in the resolution.