S T A T E   O F   N E W   Y O R K
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                                  7450

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2015
                               ___________

Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
  tee on Local Governments

AN  ACT  to amend the general municipal law in relation to requiring the
  consent of the legislature of the county of Orange concerning  munici-
  pal annexation petitions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 711 of the general  municipal  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6.  A.  IN THE COUNTY OF ORANGE, NO DETERMINATIONS MADE UNDER SUBDIVI-
SION FOUR OF THIS SECTION APPROVING  SUCH  ANNEXATION  OVER  NINETY-NINE
ACRES SHALL BE EFFECTIVE UNLESS THE COUNTY LEGISLATURE SHALL CONFIRM THE
DETERMINATIONS.  THE COUNTY LEGISLATURE SHALL HAVE NINETY DAYS TO EITHER
CONFIRM OR DISAPPROVE THE DETERMINATIONS. SUCH NINETY DAY  PERIOD  SHALL
COMMENCE UPON RECEIPT BY THE COUNTY LEGISLATURE OF ALL REQUIRED DETERMI-
NATIONS  FROM  ALL NECESSARY MUNICIPALITIES HAVING APPROVED THE PROPOSED
ANNEXATION OR A PORTION THEREOF.
  B. IN THE EVENT THE COUNTY LEGISLATURE FAILS TO TAKE ANY ACTION EITHER
CONFIRMING OR DISAPPROVING SUCH DETERMINATIONS WITHIN NINETY DAYS,  SUCH
DETERMINATIONS  SHALL BE DEEMED DENIED. NOTHING SHALL PRECLUDE THE MUNI-
CIPALITIES WHO ARE OTHERWISE REQUIRED TO MAKE A DETERMINATION UNDER THIS
SECTION FROM EXTENDING THE TIME FOR THE COUNTY LEGISLATURE TO  MAKE  ANY
REQUIRED  DETERMINATION  BY  AN  ADDITIONAL ONE HUNDRED TWENTY DAYS. IF,
HOWEVER, THE PETITION FOR ANNEXATION WAS COMMENCED UNDER  SECTION  SEVEN
HUNDRED  FOUR  OF  THIS  ARTICLE,  THE  CONSENT OF THE PETITIONERS, OR A
NUMERIC MAJORITY OF THE PETITIONERS, SHALL BE REQUIRED BEYOND SUCH ADDI-
TIONAL ONE HUNDRED TWENTY DAYS AFTER THE EXPIRATION OF THE  NINETY  DAYS
OTHERWISE PROVIDED FOR IN THIS SUBDIVISION.
  C.  IN  THE  EVENT  A PETITION IS COMMENCED UNDER EITHER SECTION SEVEN
HUNDRED FIVE OR SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE RELATIVE TO
ANY DETERMINATION MADE BY A MUNICIPALITY UNDER SUBDIVISION FOUR OR  FIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10907-01-5
              

A. 7450                             2

OF THIS SECTION, THE COUNTY OF ORANGE SHALL BE A NECESSARY PARTY IN SUCH
AN ACTION.
  D.  THE COUNTY OF ORANGE MAY, BY LOCAL LAW, LIMIT THE APPLICABILITY OF
THIS SUBDIVISION TO APPLICATIONS FOR ANNEXATIONS IN EXCESS OF A  PARTIC-
ULAR ACREAGE AMOUNT OR IN EXCESS OF ANY PARTICULAR VALUE OF REAL PROPER-
TY.
  S  2.  This  act  shall  affect any and all applications for municipal
annexations made pursuant to article 17 of the general municipal law for
which all determinations under subdivisions 4 and/or 5 of section 711 of
the general municipal law have not been made.
  S 3. This act shall take effect immediately.