N.Y. TWN Law § 172-F — New York Code / Act TWN / Article 11 / Section 172-F
Resolution and hearing for diminution of fire district boundaries
Status: in_force

§ 172-f. Resolution and hearing for diminution of fire district\nboundaries. 1. Irrespective of the manner of its original establishment,\nwhenever a board of fire commissioners resolves, by a two-thirds vote,\nto diminish the boundaries of such fire district, so as to exclude\nterritory previously situate within such fire district, and after a\npublic hearing thereon, held jointly by the fire district and the town\nin which such territory to be excluded is situate, the boundaries of\nsuch fire district may be altered in accordance with such resolution.\n  2. Such resolution of proposed diminution shall be signed by\ntwo-thirds of the members of the board of fire commissioners and shall\nbe acknowledged or approved in the same manner as a deed to be recorded.\nThe members of the board of fire commissioners shall jointly hold a\npublic hearing with the members of the town board in which such\nterritory is located and shall cause a notice thereof to be published at\nleast once in a newspaper having general circulation in the territory\naffected. The first publication thereof shall be not less than ten days\nnor more than twenty days before the day designated therein for the\nhearing. Such notice shall specify the time when and the place where the\nboard of fire commissioners and the town board will meet to hear all\npersons interested in the subject, and shall specify the territory\naffected. Cost of publication shall be borne solely by the fire\ndistrict. Such notice shall also specify the area to be included in a\nproposed fire protection district, which fire protection district shall\ninclude the area of the fire district proposed to be excluded.\n  3. After a hearing held upon notice as hereinbefore provided and upon\nthe evidence given thereat, the board of fire commissioners and the town\nboard shall determine by resolution: (a) Whether all the property and\nproperty owners within the area proposed to be excluded from the\ndistrict and included in the fire protection district are benefited\nthereby;\n  (b) Whether all the property and property owners benefited are\nincluded within the limits of the proposed fire protection district;\n  (c) Whether it is in the public interest to grant in whole or in part\nthe diminution of the district and the creation of the fire protection\ndistrict by the town board.\n  If the board of fire commissioners and the town board shall determine\nthat it is in the public interest to diminish the fire district and\ncreate the fire protection district but shall find that any part or\nportion of the property or property owners within the proposed area to\nbe excluded from the fire district are not benefited thereby or that\ncertain property or property owners benefited thereby have not been\nincluded in the proposed fire protection district, the board of fire\ncommissioners and the town board shall specify the necessary changes of\nthe boundaries of the area to be excluded from the fire district and the\nboundaries of the fire protection district in order that only such\nproperty and property owners as are benefited, shall be included within\nsuch proposed excluded area and within the fire protection district, and\nthe board of fire commissioners shall, together with the town board,\ncall a further hearing at a definite place and time not less than\nfifteen nor more than twenty-five days after such determination.  Notice\nof such further hearing shall be published in the manner provided in\nthis section except that such notice shall also specify the manner in\nwhich it is proposed to alter the boundaries of the area to be excluded\nand the boundaries of the fire protection district. Such further hearing\nshall be conducted in the same manner as the original hearing. If, and\nwhen, the board of fire commissioners and the town board shall determine\nin the affirmative all of the questions set forth in this subdivision,\nthe board of fire commissioners may adopt a resolution approving the\ndiminution of the fire district and the town board may adopt a\nresolution approving the establishment of the fire protection district,\nall as the boundaries shall be finally determined.\n