NY Town L § 73 (2021)
2021 New York Laws TWN - Town Article 5 - Alteration of Boundaries 73 - Alteration of Town Boundaries.

*  §  73.  Alteration  of town boundaries.   1. A petition signed, and   acknowledged or proved, or  authenticated  in  the  manner  provided  in   article  six  for  the  purpose  of  altering  the boundary lines or the   division of a town may be filed as herein provided. The  petition  shall   describe  the  boundaries with common certainty and shall be accompanied   by a map or survey showing the alteration proposed. The  petition  shall   be  signed,  and acknowledged or proved, or authenticated by electors of   each town affected as provided in section eighty-one  of  this  chapter.   The  petition shall contain a statement of all town indebtedness and the   reasons for the change.2. The petition shall  be  filed  with  the  clerk  of  the  board  of   supervisors  of  the  county  not  less  than  one  hundred  twenty days   preceding a biennial town election. The board of supervisors shall fix a   date for a public hearing  thereon  and  the  clerk  of  said  board  of   supervisors  shall  prepare  a notice of such hearing which shall recite   the  filing  of  the  petition  and  the  description  of  the  proposed   alteration. The notice shall be delivered to the town clerk of each town   affected  thereby,  who  shall  cause  the  same  to  be  published in a   newspaper published in the town, or  if  none,  in  a  newspaper  having   circulation  in  such  town,  once a week for four successive weeks next   preceding the hearing and who shall also cause a copy of the  notice  to   be  posted  on  the  sign-board  of  the  town  maintained  pursuant  to   subdivision six of section thirty of this chapter at  least  four  weeks   next  preceding  the  hearing.  In  the  event that the town maintains a   website, such information may also be provided on the website. The  cost   of  publication and posting shall be a town charge and due proof thereof   shall be filed with the clerk of the board of supervisors at  or  before   the hearing.3.  The  public  hearing  may  be  held  either  before  the  board of   supervisors or a standing or special committee of the  board  designated   for  the  purpose.  A  report of proceedings before a committee shall be   filed with the clerk of the board of supervisors within ten  days  after   the  public  hearing.  After  such  public hearing and upon the evidence   given thereat, the board of supervisors may by a resolution adopted by a   two-thirds vote of the  total  voting  power  of  the  board  grant  the   petition and provide for the submission of a proposition to the electors   of  each  town  affected.  A  copy  of the determination of the board of   supervisors duly certified by the clerk of the board shall be  filed  in   the  office  of the town clerk of each town affected. No county, city or   village boundary shall be altered under or pursuant to the provisions of   this section.4. The form of the proposition and the certificate thereof shall be in   the manner provided in article three of the county law. When a  town  is   to  be  divided,  the  board of supervisors shall determine the proposed   name of each new town.5. The proposition shall be submitted to  the  qualified  electors  of   each town affected at the next biennial town election occurring not less   than  forty  days  after  the adoption of the resolution of the board of   supervisors. All provisions of the election law  not  inconsistent  with   this chapter shall apply to the submission of the proposition and to the   canvass  of  the  vote and certification of the result. If a majority of   the  votes  cast  on  such  proposition  be  in  the  affirmative,   the   proposition  shall be adopted and the town or towns shall consist of the   territory as so altered or divided.6. The clerk of the board of supervisors shall cause  a  copy  of  the   petition  together with a copy of such map or survey, to be filed within   sixty days after the adoption of the proposition with the  secretary  of   state and state comptroller, and with the county clerk of the county. *  NB  This  section  partially  repealed  by  chapter  73/64. Certain   provisions were retained by opinion of the Atty. Gen. (Inf.) October  1,   1981;(Inf.) 195/1975; and (Inf.) 143/1977.