NY Town L § 171 (2021)
2021 New York Laws TWN - Town Article 11 - Fire, Fire Alarm and Fire Protection Districts 171 - Petition and Hearing.

§  171.  Petition  and hearing. 1. A petition to establish or extend a fire, fire alarm or fire protection district pursuant to the  provisions of  section  one  hundred  seventy  of this article shall be signed, and acknowledged or proved in the same manner as a deed to be  recorded,  or authenticated  in  the  manner  provided  by  the  election  law for the authentication of nominating petitions,  by  resident  taxpayers  owning taxable  real  property  aggregating  at  least one-half of the assessed valuation of all the taxable real property of the proposed  district  or extension thereof owned by resident taxpayers, as such valuations appear upon  the latest completed assessment roll of said town or towns, except that where there are  no  resident  taxpayers  within  a  proposed  fire protection  district or fire alarm district or a proposed extension of a fire district, fire protection district or fire alarm district then  the petition  shall  be signed by non-resident taxpayers owning taxable real property aggregating at least one-half of the assessed valuation of  all the taxable real property in the proposed district or extension as shown on such last completed assessment roll. If a portion only of a parcel of such  real  estate appearing upon the assessment roll is situated within the proposed district or extension, then the town board  or  boards  may determine  the  relative  value of that part thereof within the proposed district or extension, based upon the valuation of the entire parcel  as the  same  appears  upon  the  assessment  roll.  If the boundaries of a proposed fire district as described in the petition  therefor  shall  be coterminous  with  those  of an existing water supply district having no bonded indebtedness, the petition may provide  for  the  dissolution  of such  water supply district upon the establishment of said fire district and the assumption by said fire district  of  all  the  liabilities  and indebtedness of such water supply district.   2.   a. The town board or town boards shall hold a public hearing upon such petition and shall cause a notice thereof to be published at  least once  in  a  newspaper  having  general  circulation  in  the  territory affected, the first publication thereof to be not less than ten days nor more than twenty days before the day designated therein for the hearing, and the town clerk or town clerks shall cause copies of such  notice  to be  posted  on  the  sign-board  of  the  town  maintained  pursuant  to subdivision six of section thirty of this chapter, and conspicuously  in such  other  places within or without the territory affected as the town board or town boards may direct, not less than ten nor more than  twenty days  before  the  day  designated  for the hearing as aforesaid. In the event that the town maintains a website, such information  may  also  be provided  on the website. Such notice shall contain a description of the proposed district or extension, state the estimated  rate  per  thousand dollars of assessed valuation, based on the aggregate assessed valuation of  taxable real property of the proposed district or extension district shown in the latest completed final assessment  roll,  projected  to  be assessed,  levied and collected for purposes of the proposed district or extended district for the fiscal year of its operation and  specify  the time  when  and  the  place  where the town board or boards will meet to consider such petition and to hear all persons interested in the subject concerning the same. If the petition shall provide for  the  dissolution of  an existing water supply district upon the establishment of the fire district,  the  notice  of  hearing  shall  so  specify.  If,  upon  the establishment  or  extension of a fire district, the fire district would become the sponsor of a service award program pursuant  to  section  two hundred  sixteen-b  of  the general municipal law, the notice of hearing shall so specify and contain a statement of the estimated annual cost of the service award program to the fire district; provided, however,  that if,  upon the establishment or extension of a fire district, the ensuing  fire district would become  the  sponsor  of  a  service  award  program pursuant  to section two hundred sixteen-b of the general municipal law, the resolutions establishing the districts shall be  submitted  in  each such town in the manner provided by article seven of this chapter. Prior to  the publication of the notice, the board or boards shall cause to be prepared, and file for public inspection with the town clerk, a detailed explanation of how the estimated rate of  assessment  for  the  proposed district or extended district was computed.   b.  (1)  If  the  permission  of the state comptroller is not required pursuant to section one hundred seventy-three of this article because it is not proposed to finance an expenditure for the district or  extension by  the  issuance  of  bonds,  notes, certificates or other evidences of indebtedness of the fire district, a certified copy of the notice  shall be  filed  with  the  state  comptroller  on  or  about  the date of the publication of such notice.  (2)  Notwithstanding  the  provisions  of  subparagraph  one  of  this paragraph  the  state  comptroller shall not be precluded from requiring the submission of additional information or data in such form and detail as the state comptroller  shall  deem  sufficient  or  from  causing  an investigation  to be made with respect to the establishment or extension of a district or an increase in the maximum amount to be expended.   3. After a hearing held upon notice as hereinbefore provided and  upon the  evidence given thereat, the town board or boards shall determine by resolution:  (a) Whether the petition is signed, and  acknowledged  or  proved,  or authenticated as required by law and is otherwise sufficient;  (b)  Whether  all the property and property owners within the proposed district or extension are benefited thereby;  (c) Whether  all  the  property  and  property  owners  benefited  are included within the limits of the proposed district or extension;  (d)  Whether it is in the public interest to grant in whole or in part the relief sought.   If the town board shall determine that the petition is not signed, and acknowledged or proved, or authenticated as required by law or  that  it is  otherwise insufficient, or if it is determined that it be not in the public interest to grant in whole or in part the relief sought, the town board shall deny the petition.   If the town board shall determine that the  petition  is  signed,  and acknowledged  or  proved,  or  authenticated  as  required by law and is otherwise sufficient and that it is in the public interest to grant  the relief  sought, either in whole or in part, but shall find that any part or portion of the  property  or  property  owners  within  the  proposed district or extension are not benefited thereby or that certain property or property owners benefited thereby have not been included therein, the town  board shall specify the necessary changes of the boundaries of the proposed district or extension to be made  in  order  that  all  of  the property  and property owners and only such property and property owners as are benefited shall be included  within  such  proposed  district  or extension,  and  the  board  shall  call a further hearing at a definite place and time not less than fifteen  nor  more  than  twenty-five  days after  such  determination.  Notice  of  such  further  hearing shall be posted, published and mailed in the  manner  provided  in  this  section except  that  such  notice  shall also specify the manner in which it is proposed to alter the boundaries of the proposed district or  extension. Such  further  hearing  shall  be  conducted  in  the  same manner as an original hearing upon a petition. If  and  when  the  town  board  shall determine  in  the  affirmative  all  of the questions set forth in this subdivision,  the  board  may   adopt   a   resolution   approving   the  establishment  or  extension  of the district as the boundaries shall be finally determined, but no such resolution so approving shall be adopted unless the petition shall comply with the requirements of  this  section as  to sufficiency of signers as the boundaries of the proposed district or extension shall be finally determined.