NY Town L § 170 (2021)
2021 New York Laws TWN - Town Article 11 - Fire, Fire Alarm and Fire Protection Districts 170 - Establishment and Extension of Fire, Fire Alarm and Fire Protection Districts.

§  170.  Establishment  and  extension  of  fire,  fire alarm and fire   protection districts. 1. The town board of any town or, if the  proposed   district or extension includes territory in more than one town, the town   boards of each of the towns in which such proposed district or extension   is situated, acting jointly by a majority vote of the members of each of   such  town  boards, upon a written petition as hereinafter provided, may   establish or extend  fire  districts,  fire  alarm  districts  and  fire   protection  districts in said town or towns; provided, however, that any   such district or extension shall be outside of any incorporated  village   or  city,  or  existing  fire, fire alarm or fire protection district. A   fire district shall not be extended pursuant to the provisions  of  this   subdivision  except  upon  the  consent  in writing of a majority of the   commissioners of such fire district. Such consent shall be  acknowledged   or proved in the same manner as a deed to be recorded.2.  Upon  its own motion and without a petition, the town board of any   town or, if the district as proposed or proposed to be extended includes   territory in more than one town, the town boards of each  of  the  towns   acting  jointly by a majority vote of the members of each of such boards   may establish or extend fire districts or fire protection  districts  in   such  town  or  towns  outside  of  any  incorporated village or city or   existing fire, fire alarm or fire protection district therein,  after  a   public  hearing  thereon.  The notice of such hearing shall be published   and posted and such hearing shall be held in the manner provided in this   article for a hearing upon the establishment of a fire district or  fire   protection  district  upon  petition.  After  such  hearing and upon the   evidence given thereat, the town board  or  boards  shall  determine  by   resolution  whether  it  be  in  the  public  interest  to establish the   proposed fire  district  or  fire  protection  district  or  extend  the   existing  fire district or fire protection district, as the case may be.   If it be determined that the establishment or extension of such district   be in the public interest, the town  board  or  boards  shall  determine   whether  all the property, property owners and interested persons within   the proposed district are benefited thereby and whether all property  or   property  owners  benefited  are included therein and such town board or   boards shall so  alter  the  boundaries  of  the  proposed  district  or   extension,  so  that  all  property  and  property  owners and only such   property and property owners as are benefited shall be  included  within   its  limits.  In the event, however, that it is found that any property,   property owners or any interested persons not included in the  district,   as  originally  proposed,  will  be  benefited thereby, a further notice   shall be posted and published  and  another  hearing  held  as  provided   herein, unless all said additional property owners or interested persons   execute  and  file  written  consents to be included in such district or   extension. When the boundaries  of  such  fire  protection  district  or   extension  shall  have been finally determined, the town board or boards   shall adopt a resolution establishing  or  extending  the  district  and   shall  comply  with  the  provisions  of  subdivision one of section one   hundred seventy-three of this chapter. When the boundaries of such  fire   district  or extension shall have been finally determined the town board   or boards shall  adopt  a  resolution  approving  the  establishment  or   extension  of  the  district,  and  shall  comply with the provisions of   subdivisions two and four of section one hundred seventy-three  of  this   chapter, other than filing a certified copy of a petition as provided in   such  subdivision two. A fire district shall not be extended pursuant to   the provisions of this subdivision except upon the consent in writing of   a majority of the commissioners of  such  fire  district.  Such  consent   shall  be  acknowledged  or  proved  in  the same manner as a deed to be   recorded. 3. If a fire alarm district or fire protection district is proposed to   be established, or extended, and  the  district  or  extension  will  be   situated  in  whole  or  in  part  in any town which is wholly or partly   within the Adirondack park and has  within  the  town  boundaries  state   lands subject to taxation assessed at more than thirty per centum of the   total  taxable  assessed  valuation  of  the town as determined from the   assessment rolls of the town, as completed from time to time,  the  town   board  or  boards shall not adopt a resolution establishing or extending   any such fire alarm district or  fire  protection  district  unless  the   state  comptroller,  on behalf of the state, previously has consented to   the establishment or extension of the district.4. Notwithstanding the provisions of subdivision one of this  section,   and  subdivisions one and two of section one hundred seventy-one of this   chapter, if a fire district embraces an area outside a village and  also   embraces  more than fifty per centum of the area of such village, and if   the village was incorporated after the fire  district  was  established,   the  town board of the town in which such fire district and such village   are situated, after a public  hearing  and  upon  the  petition  of  the   village  board  of  such  village and the board of fire commissioners of   such fire district,  may  adopt  a  resolution,  subject  to  permissive   referendum,  extending such fire district to include the portion of such   village which is not in such fire district. The notice of public hearing   shall be posted and published, and such hearing shall  be  held  in  the   manner  provided in this article for a hearing upon the establishment or   extension of a fire district. The  provisions  of  sections  ninety  and   ninety-one  of  this  chapter shall apply in relation to such referendum   except that a petition filed pursuant to such  section  ninety-one  only   need  be  signed  by  twenty-five qualified electors of the area of such   extension, or if there are not twenty-five electors, then  by  at  least   fifty  per  centum  of  the  qualified electors of such area. All of the   other provisions of this article  not  inconsistent  herewith  shall  be   complied with in relation to any such extension.