NY Town L § 172-A (2021)
2021 New York Laws TWN - Town Article 11 - Fire, Fire Alarm and Fire Protection Districts 172-A - Alteration of Boundaries of Fire Districts.

§  172-a.  Alteration of boundaries of fire districts. 1. Irrespective of the manner of their original establishment, whenever two or more fire districts adjoin and the boards  of  fire  commissioners  of  each  fire district affected have agreed by a written memorandum of proposed change to alter the boundaries of such fire districts, but not in such a manner as  to  include  territory  not  previously  situate  within  such  fire districts, nor to exclude  territory  previously  situate  therein,  and after a public hearing thereon, held jointly by such fire districts, the boundaries of such fire districts may be altered in accordance with such memorandum  of  proposed  change, but not until such proposed change has been approved by the town board of the town in which such fire districts are located, or if located in two or more towns, by the town  boards  of such towns.   2. Such memorandum of proposed change shall be signed by a majority of the members of the board of fire commissioners of each fire district and shall  be  acknowledged  or  proved  in  the same manner as a deed to be recorded. The members  of  the  board  of  fire  commissioners  of  each district  affected  shall  jointly  hold  a  public  hearing  upon  such memorandum of proposed change 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 secretary of the fire districts shall cause  copies of  such  notice to be posted conspicuously in five public places in the district at least ten days prior to the date of such public hearing.  In the  event  that  the  district  maintains a website, one of the posting requirements may  be  fulfilled  by  posting  such  information  on  the website. Such notice shall specify the time when and the place where the boards of fire commissioners of the districts affected will meet to hear all  persons  interested  in  the  subject concerning the same and shall specify each district affected and shall  state  in  general  terms  the manner in which it is proposed to alter the boundaries thereof. Costs of publication shall be borne equally by each fire district affected.   3.  After a hearing held upon notice as hereinbefore provided and upon the evidence given thereat, the boards  of  fire  commissioners  of  the districts affected shall determine by joint resolution:  (a)  Whether all the property and property owners within the districts are benefited by such change.  (b) Whether all the property and property owners within  the  area  of such boundary change are benefited thereby.  (c)  Whether  it  is in the public interest to grant the boundary line changes as set forth in the memorandum of proposed change.   If and when the boards of fire commissioners shall  determine  in  the affirmative  all  of  the  questions  set forth in this subdivision, the boards may adopt  a  resolution  jointly  approving  the  boundary  line changes.  Such  joint resolution and memorandum of proposed change shall be filed with the town  clerk  of  the  town  or  towns  in  which  such districts  are  wholly  located  and  with  the assessor of such town or towns.   4. The proposed change of boundaries shall  be  deemed  to  have  been approved  pursuant  to this section in the event that no action is taken by the town board or town  boards,  either  approving  or  disapproving, within  thirty  days  of receipt of the memorandum of proposed change by the town clerk or clerks. If the town board or town boards approve  such proposed change, such alteration of boundaries shall be deemed effective upon  the date of such adoption. If the town board of any one of the two or more town boards in which the fire  district  is  located  disapprove such  proposed  change  of  boundaries,  then, within ten days after the  adoption of such resolution disapproving such change of  boundaries  the town  clerk  of  the town disapproving such change shall notify the fire districts involved. Any fire district  believing  itself  aggrieved  may within  thirty  days  of receipt of notification commence an appropriate proceeding in the supreme court of the state of New York  in  accordance with  article  seventy-eight of the civil practice law and rules, naming the town board or town boards as respondents.   5. In the event that the boundaries of a district having indebtedness, either bonded or temporary,  shall  be  altered  pursuant  hereto,  such district  shall  continue in law as it existed immediately prior to such change of boundaries for the purpose of paying  such  indebtedness,  and there  shall be annually assessed and levied upon and collected from the taxable real property within such district  as  it  existed  immediately prior  to  such  alteration of boundaries, in the same manner and at the same time and by the same officers as town taxes  are  assessed,  levied and  collected,  a  sum sufficient to pay such indebtedness and interest thereon as the same shall become due. All and  only  the  real  property within the boundaries of the district as they exist after the alteration thereof shall be liable for the payment of indebtedness incurred for the purposes  of  such  district  after  such  alteration.  For the purposes hereof, such alteration of boundaries shall be deemed effective upon the adoption by the boards  of  fire  commissioners  of  the  affected  fire districts  of  the resolution providing therefor, unless such resolution shall specify some other date for  such  purpose,  in  which  case  such alteration shall be deemed effective upon the date so specified.