What is the process for incorporation?
New York State law clearly spells out the process for incorporation in NYS Village Law Article 2:
1. REFERENDUM
File petition with signatures of 20% of inhabitants in proposed village
Town certifies petition valid; or, validity is litigated
Vote held within 60 days of certification and requires simple majority to pass
2. GOVERNANCE
Upon incorporation, election for mayor and trustees must be held within 60 days
Village board can hire manager, pass laws, form committees, and negotiate for village services
3. SERVICE ENGAGEMENT
All town services continue uninterrupted until June 1 the year after incorporation
Village becomes responsible for all municipal services
Town transfers 7/12 of town taxes collected from village to finance services
How are villages governed?
A mayor and board of trustees, consisting of Edgemont residents serving on a volunteer basis, will be elected within 60 days of incorporation. A nonpartisan nominating committee can endorse a slate. The governing bodies of most villages in Westchester are elected at-large for two-year or three-year terms.
The mayor and trustees will serve as the legislative body of the Village and establish all priorities and policies (click here for an example from the Village of Irvington). They will enact, by resolution, all Village laws and approve annual Village operating and capital budgets and the issuance of indebtedness. The board of trustees will work with both the Village’s professional staff and its appointed volunteer boards and commissions (e.g. zoning board).
As villagers, Edgemont residents would remain Greenburgh residents and retain the ability to vote for Town Board, including the Town Supervisor.
Who will run the day-to-day operations of the Village?
Most Westchester villages and towns are administered by a professional village manager, appointed by the governing body, to oversee all village services, contracts, and employees. The Town of Greenburgh is currently managed by an elected politician, making it one of the few municipalities in Westchester that does not employ a professional municipal manager.
Julia Novak, former Rye City Manager and consultant to the EIC, discussed the benefits of professional municipal management at a December 7th community meeting.
The administrative function of villages also includes a treasurer and clerk; in some cases, those roles overlap and may be performed by the same individual, as is the case in the Village of Rye Brook.
What authority will Edgemont have over land use?
As an incorporated village, Edgemont’s governing body would be required to establish a zoning board and may also appoint a planning board; both would be populated by Edgemont residents. The Village (rather than the Town) would assume full authority over land-use matters, subject to all relevant state and federal laws, and develop an Edgemont-focused comprehensive plan to address community-specific issues, including extensive vacancies and derelict land on Central Avenue.
(For an example of another village’s comprehensive plan, click here.)
Building Department
The Village would likely establish its own building department managed by a building inspector who would serve as the code enforcement official for the Village. The individual would have administrative authority over the land-use process, and maintain New York State certification for the administration and enforcement of the New York State Uniform Fire Prevention and Building Codes.
The Village would charge permit fees to offset building department expenditures.
Justice Court
The Village would have the option, but not the obligation, to establish a justice court. The EIC assumes the Village will not, initially, establish its own judicial function but rather will continue to utilize the Greenburgh Town Court, the taxes for which flow through the Town-wide “A” budget and would not be affected by Edgemont’s incorporation.
(Note: Rye Brook, Pelham, Pelham Manor, and Ossining are among the Westchester villages that use their town courts.)
Transition
The Town is obligated to provide, without discrimination, the Town services that Edgemont currently receives today from the date of incorporation until June 1st of the following calendar year. Town police protection services are required indefinitely under law, unless and until Edgemont establishes a village police force or otherwise secures police services via contract.
Click here for New York laws relating to transition.
Town services that the Village of Edgemont will provide directly
The following services are currently provided by the Town of Greenburgh to Edgemont residents. If Edgemont incorporates, the village will provide these services to itself.
Governance. An obvious reason for incorporation is to self-govern locally. A mayor and board of trustees, consisting of Edgemont residents serving on a volunteer basis, will be elected within 60 days of incorporation. A nonpartisan nominating committee (similar to Edgemont’s School Board Nominating Committee) can endorse a slate.
The mayor and trustees will serve as the legislative body of the village and establish all priorities and policies. They will enact, by resolution, all village laws and approve annual village operating and capital budgets and the issuance of indebtedness.
As villagers, Edgemont residents will remain Greenburgh residents and retain the ability to vote for Town Board, including the Town Supervisor.
Administration. Most Westchester villages and towns are administered by a professional manager appointed by the governing body, to oversee all village services, contracts, and employees (the equivalent position in our school district is the Superintendent). Currently, our day-to-day operations are managed by the Greenburgh Town Supervisor, who is not a professional municipal manager..
The administrative function of villages also includes a treasurer and clerk; in some cases, those roles overlap and may be performed by the same individual, as is the case in the Village of Rye Brook.
Zoning and Land Use Planning. As an incorporated village, Edgemont’s governing body would be required to establish a zoning board and may also appoint a planning board; both would be populated by Edgemont residents. The village, rather than the Town, would assume full authority over land-use matters within Edgemont, and develop an community-focused comprehensive plan to address community-specific issues, including extensive vacancies and derelict land on Central Avenue.
Edgemont could look to the self-governing Village of Hastings for guidance. Hastings has its own comprehensive land use plan, which states as its main goal: “…to protect those assets which make the Village such a desirable community to live in while planning for and responding to potential impacts to its community character. It provides a positive vision for a sustainable community that balances financial realities, potential development, quality of life issues and much more. It captures our aspirations for what we can be while holding on to what we treasure.”
Building Department. The village would likely establish its own building department managed by a building inspector who would serve as the code enforcement official for the village. That individual would have administrative authority over the land-use process, and maintain New York State certification for the administration and enforcement of the New York State Uniform Fire Prevention and Building Codes.
Town and special district services that will remain available to Edgemont post-incorporation
Certain Greenburgh services are funded through the Town-wide “A” budget and are available to all Greenburgh areas, including its villages and unincorporated hamlets. They include justice court, paramedics, property assessment, tax collection, animal control, police SWAT, and traffic control. The Village of Edgemont would not need to provide or fund any of these services on its own.
As villagers, Edgemonters would also retain access to the Greenburgh Library; the Greenburgh Parks and Recreation Department’s programs and facilities (with the exception of Anthony F. Veteran Pool, which is not available to village residents); and the Department of Community Resources / TDY Community Center, which is available town-wide.
Lastly, fire/local rescue and water/sewer—two major areas of service—will not have to be built by the newly incorporated village.
Town services that may be provided to Edgemont Village either via contract or directly
Police;
EMS;
Public works; and
Sanitation.