reglab/statecodes huggingface dataset:
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 265 - Changes.

§  265.  Changes. 1. Such regulations, restrictions and boundaries may
from time to time be amended. Such amendment  shall  be  effected  by  a
simple  majority  vote of the town board, except that any such amendment
shall require the approval of at least three-fourths of the  members  of
the  town  board in the event such amendment is the subject of a written
protest, presented to the town board and signed by:
(a) the owners of twenty percent or more of the area of land  included
in such proposed change; or
(b)  the  owners  of  twenty  percent  or  more  of  the  area of land
immediately adjacent to that land  included  in  such  proposed  change,
extending one hundred feet therefrom; or
(c)  the owners of twenty percent or more of the area of land directly
opposite thereto, extending one hundred feet from the street frontage of
such opposite land.
The provisions of the previous section relative to public hearings and
official notice shall apply equally to all proposed amendments.
2.  Amendments  made  to  any  zoning  ordinance  (excluding  any  map
incorporated therein) adopted pursuant to the provisions of this chapter
shall  be  entered  in the minutes of the town board; such minutes shall
describe and refer to any map adopted in connection  with  such  change,
amendment  or  supplement  and  a  copy,  summary  or  abstract  thereof
(exclusive of any map incorporated therein) shall be published once in a
newspaper published in the town, if any, or in such newspaper  published
in  the county in which such town may be located having a circulation in
such town, as the town  board  may  designate,  and  affidavits  of  the
publication  thereof  shall be filed with the town clerk. Such ordinance
shall take effect upon filing in the office of  the  town  clerk.  Every
town  clerk shall maintain every map adopted in connection with a zoning
ordinance or amendment.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 265-A - Exemption of Lots Shown on Approved Subdivision Plats.

§  265-a.  Exemption  of  lots shown on approved subdivision plats. 1.
Notwithstanding any inconsistent provision of this  chapter  or  of  any
general,  special  or local law, the provisions of a zoning ordinance or
local law hereafter adopted, or of a change or amendment thereto,  which
provisions:
(a)  establish  or  increase  lot areas or lot dimensions which are in
excess of the areas or dimensions of the lots shown and delineated on  a
residential  subdivision  plat  which  has  been  duly  approved  by the
planning board, or other board  or  officer  vested  with  authority  to
approve  subdivision  plats, if any, of the town in which the land shown
on said plat is situate and duly filed in the office  of  the  recording
officer  of  the county in which the land shown on said subdivision plat
is situate; or
(b) establish or increase  side,  rear  or  front  yard  or  set  back
requirements  in excess of those applicable to lots under the provisions
of the zoning ordinance or local law, if any, in force and effect at the
time of the filing of the said  duly  approved  residential  subdivision
plat or first section thereof
shall  not,  for  the  period of time prescribed in subdivision two of
this section, be applicable to or in any way  affect  any  of  the  lots
shown and delineated on such subdivision plat.
2.  If  at  the  time  of  the filing of the subdivision plat or first
section thereof referred to in subdivision one of this section there was
in the town:
(a) both a zoning ordinance or local law and a planning  board  vested
with authority to approve subdivision plats, then the exemption provided
for in subdivision one of this section shall apply for a period of three
years after the filing of the approved subdivision plat or first section
thereof; or
(b)  a  zoning  ordinance or local law in effect in the town but there
was no planning board in said town  vested  with  authority  to  approve
subdivision plats, then the exemption provided for in subdivision one of
this  section  shall apply for a period of two years after the filing of
the approved subdivision plat or first section thereof; or
(c) no zoning ordinance or local law in  the  town  but  there  was  a
planning  board vested with authority to approve subdivision plats, then
the exemption provided for in subdivision  one  of  this  section  shall
apply  for  a  period  of  two  years  after  the filing of the approved
subdivision plat or first section thereof; or
(d) no zoning ordinance or local law in the town and no planning board
vested with authority to approve subdivision plats, then  the  exemption
provided for in subdivision one of this section shall apply for a period
of  one  year  after the filing of the subdivision plat or first section
thereof.
3. If such period of exemption would expire within one year  from  the
date  of  the  filing  of  a  section  of the approved plat, it shall be
extended for that section for a period of one year from the date of  the
filing of such section.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 266 - Adoption of First Zoning Ordinance.

§ 266. Adoption of first zoning ordinance. 1. In order to avail itself
  of the powers conferred by this article, such town board shall appoint a
  commission  to  be  known  as  the  zoning  commission  to recommend the
  boundaries of the various original districts and appropriate regulations
  to be enforced therein.
2. Where a planning board already exists it may be  appointed  as  the
  zoning commission.
3.  Such  commission  shall  make a preliminary report and hold one or
  more public hearings thereon as deemed  appropriate  by  the  commission
  before submitting its final report.
4.  The  town  board  shall not hold its public hearing or take action
  until it has received the final report of such commission.
5. Upon adoption of a resolution by the town board accepting the final
  report, such commission shall cease to exist as a separate body.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 267-C - Article Seventy-Eight Proceeding.

§  267-c.  Article seventy-eight proceeding. 1. Application to supreme
  court by aggrieved persons. Any person or persons, jointly or  severally
  aggrieved  by  any  decision  of  the  board  of appeals or any officer,
  department, board or bureau of the town, may apply to the supreme  court
  for  review  by  a  proceeding  under article seventy-eight of the civil
  practice law and rules.  Such  proceeding  shall  be  instituted  within
  thirty days after the filing of a decision of the board in the office of
  the town clerk.
2.  Costs  of  appeal. Costs shall not be allowed against the board of
  appeals unless it shall appear to the court that  it  acted  with  gross
  negligence  or  in  bad  faith  or  with  malice  in making the decision
  appealed from.
3. Preference of appeal to court. All issues in any  proceeding  under
  this  section  shall  have  preference  over all other civil actions and
  proceedings.
4. Power of court. If upon the hearing at the supreme court, it  shall
  appear  to  the  court  that  testimony  is  necessary  for  the  proper
  disposition of the matter, it may take evidence or appoint a referee  to
  take  such  evidence  as  it may direct and report the same to the court
  with his or her findings of fact and conclusions  of  law,  which  shall
  constitute a part of the proceedings upon which the determination of the
  court  shall be made. The court may reverse or affirm, wholly or partly,
  or may modify  the  decision  brought  up  for  review  determining  all
  questions which may be presented for determination.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 268 - Enforcement and Remedies.

§  268.  Enforcement  and  remedies.  1. The town board may provide by
  local law or ordinance for the enforcement of this article  and  of  any
  local  law, ordinance or regulation made thereunder. A violation of this
  article or of such local law, ordinance or regulation is hereby declared
  to be an offense, punishable by a fine not exceeding three hundred fifty
  dollars or imprisonment for a period not to exceed six months,  or  both
  for  conviction  of  a first offense; for conviction of a second offense
  both of which were committed within a period of five  years,  punishable
  by  a fine not less than three hundred fifty dollars nor more than seven
  hundred dollars or imprisonment for a period not to exceed  six  months,
  or  both;  and, upon conviction for a third or subsequent offense all of
  which were committed within a period of five years, punishable by a fine
  not less than seven hundred dollars nor more than one  thousand  dollars
  or imprisonment for a period not to exceed six months, or both. However,
  for  the  purpose  of  conferring  jurisdiction upon courts and judicial
  officers generally, violations of this article or  of  such  local  law,
  ordinance  or  regulation  shall  be  deemed  misdemeanors  and for such
  purpose only all provisions of law relating to misdemeanors shall  apply
  to  such  violations. Each week's continued violation shall constitute a
  separate additional violation.
2.  In  case  any  building  or  structure  is  erected,  constructed,
  reconstructed,  altered,  converted  or  maintained,  or  any  building,
  structure or land is used, or any land is divided into lots, blocks,  or
  sites  in  violation  of  this article or of any local law, ordinance or
  other regulation made under  authority  conferred  thereby,  the  proper
  local  authorities  of  the  town,  in  addition  to other remedies, may
  institute any appropriate action or proceedings to prevent such unlawful
  erection,   construction,   reconstruction,   alteration,    conversion,
  maintenance, use or division of land, to restrain, correct or abate such
  violation, to prevent the occupancy of said building, structure, or land
  or to prevent any illegal act, conduct, business or use in or about such
  premises;  and  upon the failure or refusal of the proper local officer,
  board or body of the town to institute any such  appropriate  action  or
  proceeding  for a period of ten days after written request by a resident
  taxpayer of the town so to proceed, any  three  taxpayers  of  the  town
  residing  in the district wherein such violation exists, who are jointly
  or severally aggrieved by such violation, may institute such appropriate
  action or proceeding in like manner as such local officer, board or body
  of the town is authorized to do.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 269 - Conflict With Other Laws.

§  269.  Conflict with other laws. Wherever the regulations made under
  authority of this article require a greater width or size  of  yards  or
  courts, or require a lower height of building or less number of stories,
  or  require a greater percentage of lot to be left unoccupied, or impose
  other higher standards than are required in any other statute  or  local
  law,  ordinance  or  regulation,  the provisions of the regulations made
  under authority of this article shall govern. Whenever the provisions of
  any other statute or  local  law,  ordinance  or  regulation  require  a
  greater  width  or size of yards or courts, or require a lower height of
  building or a less number of stories, or require a greater percentage of
  lot to be left unoccupied, or impose other higher  standards,  than  are
  required  by  the  regulations made under authority of this article, the
  provisions of such statute, or local law, ordinance or regulation  shall
  govern.
In towns where the town boards have already adopted a zoning ordinance
  or  local  law,  pursuant  to  the  provisions  of chapter three hundred
  twenty-two of the laws of nineteen hundred twenty-two, or chapter  seven
  hundred  fourteen  or  chapter  seven  hundred  fifteen  of  the laws of
  nineteen hundred twenty-six, such boards shall not be required to  adopt
  a  new ordinance or local law, and all actions taken and proceedings had
  by such town boards and boards of appeal under the  provisions  of  said
  chapter, are hereby ratified and confirmed.
All  necessary  expenses incurred by any such board in connection with
  the adoption and enforcement of the zoning ordinance or local law  shall
  be a town charge.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 270 - Official Map, Establishment.

§  270.  Official  map, establishment. The town board may establish an
  official map of that  part  of  the  town  outside  the  limits  of  any
  incorporated  city  or  village  showing the streets, highways and parks
  theretofore laid out,  adopted  and  established  by  law  and  drainage
  systems  may  also  be  shown  on  such map. Such map shall be final and
  conclusive with respect  to  the  location  and  width  of  streets  and
  highways,  drainage  systems  and  the  location of parks shown thereon.
  Such official map is hereby declared to be established to  conserve  and
  protect  the  public  health,  safety  and general welfare. The clerk of
  every town which has established such an official map shall  immediately
  file  a  certificate  of  that  fact  with the clerk or registrar of the
  county in which said town is located.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 273 - Official Map, Changes.

§  273.  Official  map,  changes.  Such  town  board is authorized and
  empowered, whenever and as often as  it  may  deem  it  for  the  public
  interest,  to change or add to the official map of the town so as to lay
  out new streets, highways, drainage systems or parks,  or  to  widen  or
  close  existing streets, highways, drainage systems or parks within that
  part of the town outside the limits of any incorporated city or village.
  At least ten days' notice of a public hearing  on  any  proposed  action
  with reference to any such change in the official map shall be published
  in  a  newspaper  of general circulation in such town. Before making any
  such addition or change, the town board shall refer the  matter  to  the
  planning  board  for report thereon, but if the planning board shall not
  make its report within thirty days of such reference, it  shall  forfeit
  the  right  further  to suspend action. Such additions and changes, when
  adopted, shall become a part of the official map of the town, and  shall
  be deemed to be final and conclusive with respect to the location of the
  streets, highways, drainage systems and parks shown thereon. The layout,
  widening or closing, or the approval of the layout, widening or closing,
  of  streets,  highways, drainage systems or parks, by the town board, or
  the town superintendent of highways, under provisions of law other  than
  those  contained  in  this article, shall be deemed to be an addition or
  change of the official map, and shall be subject to all  the  provisions
  of this article with regard to such additions or changes.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 279 - Subdivision Review; Record of Plats.

§  279.  Subdivision  review;  record of plats. 1. Filing of plat with
county clerk or register. (a) No plat of a subdivision of  land  showing
lots,  blocks  or sites, shall be filed or recorded in the office of the
county clerk or register until it has been approved by a planning  board
which  has  been empowered to approve such plats. Further, such approval
must be endorsed in writing on the plat in such manner as  the  planning
board may designate.
(b)  Such  endorsement shall stipulate that the plat does not conflict
with the county official map, where one exists, or, in cases where plats
do front on or have access to or  are  otherwise  related  to  roads  or
drainage  systems  shown  on the county official map, that such plat has
been approved in the manner specified by subdivision two of section  two
hundred thirty-nine-f of the general municipal law.
2. Notification of filing. It shall be the duty of the county clerk or
register  to  notify  the planning board in writing within three days of
the filing or recording of any plat approved  by  such  planning  board,
identifying  such  plat  by  its title, date of filing or recording, and
official file number.
3. Effect of filing. After  such  plat  is  approved  and  filed,  the
streets,  highways  and  parks  shown on such plat shall be and become a
part of the official map or plan of the town.
4. Cession or dedication  of  streets,  highways  or  parks.  (a)  All
streets, highways or parks shown on a filed or recorded plat are offered
for  dedication  to the public unless the owner of the affected land, or
the owner's agent, makes a notation on the plat to the contrary prior to
final plat approval. Any street, highway or park shown  on  a  filed  or
recorded  plat  shall  be deemed to be private until such time as it has
been formally accepted by a resolution of the local legislative body, or
until it has been condemned by the town for  use  as  a  public  street,
highway or park.
(b)  In  the  event  that  such approved plat is not filed or recorded
prior to the expiration date of the plat approval as provided in section
two hundred seventy-six of this article, then such offer  of  dedication
shall  be  deemed to be invalid, void and of no effect on and after such
expiration date.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 280 - Permits for Buildings in Bed of Mapped Streets.

§ 280. Permits for buildings in bed of mapped streets. For the purpose
  of preserving the integrity of such official map or plan no permit shall
  hereafter be issued for any building in the bed of any street or highway
  shown  or  laid  out on such map or plan, provided, however, that if the
  land within such mapped street or highway is not yielding a fair  return
  on its value to the owner, the board of appeals, or other similar board,
  in  any  town  which  has  established such a board having power to make
  variances or exceptions in zoning regulations, shall  have  power  in  a
  specific case by the vote of a majority of its members to grant a permit
  for  a  building  in  such  street  or  highway  which will as little as
  practicable increase the cost of opening such street or highway, or tend
  to cause a change of such official map  or  plan,  and  such  board  may
  impose  reasonable  requirements as a condition of granting such permit,
  which requirements shall inure to the benefit of the town. Before taking
  any action authorized in this section, the board of appeals  or  similar
  board shall give a hearing at which parties in interest and others shall
  have  an  opportunity to be heard. At least ten days' notice of the time
  and place of such hearing shall be published in a newspaper  of  general
  circulation  in  such town. Any such decision shall be subject to review
  in the same manner and pursuant to the same  provisions  as  in  appeals
  from the decisions of such board upon zoning regulations.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 281 - Municipal Improvements in Streets.

§  281.  Municipal improvements in streets. No public municipal street
  utility or improvement shall be constructed by the town in any street or
  highway within  that  part  of  the  town  outside  the  limits  of  any
  incorporated  city  or  village  until  it has become a public street or
  highway and is duly placed  on  the  official  map  or  plan,  provided,
  however,  that subject to the discretion of the town board, a subsurface
  utility or improvement operated for revenue by the town or by a  special
  district  may be constructed by the town in a private street, provided a
  public easement satisfactory to the town  board  is  obtained  for  such
  utility or improvement.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 282 - Court Review.

§  282.  Court  review.  Any  person  or persons, jointly or severally
  aggrieved by any decision of the planning board concerning such plat  or
  the  changing  of  the  zoning regulations of such land, or any officer,
  department, board or bureau of the town, may have the decision  reviewed
  by a special term of the supreme court in the manner provided by article
  seventy-eight   of  the  civil  practice  law  and  rules  provided  the
  proceeding is commenced within thirty  days  after  the  filing  of  the
  decision in the office of the town clerk.
Commencement  of  the  proceeding  shall  stay  proceedings  upon  the
  decision appealed from.
If, upon the hearing, it shall appear to the court that  testimony  is
  necessary for the proper disposition of the matter, it may take evidence
  or  appoint  a referee to take such evidence as it may direct and report
  the same to the court with his findings of fact and conclusions of  law,
  which  shall  constitute  a  part  of  the  proceedings  upon  which the
  determination of the court shall be  made.  The  court  may  reverse  or
  affirm,  wholly  or  partly,  or  may modify the decision brought up for
  review.
Costs shall not be allowed against the planning board, unless it shall
  appear to the court that it acted with gross negligence or in bad  faith
  or with malice in making the decision appealed from.
All  issues in any proceeding under this section shall have preference
  over all other civil actions and proceedings.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 283 - Issuance of Licenses and Permits in Certain Towns.

§  283.  Issuance of licenses and permits in certain towns. If, in any
  town of the first class at the time of the enactment  of  this  chapter,
  there exists a building department, set up as an adjunct of the planning
  board,  all  licenses or permits, whenever and in the manner required by
  any building zone ordinance, local law or building code, shall be issued
  by said department, and all fees therefor be collected  as  provided  by
  the  requirements  of the building zone ordinance, local law or building
  code.
2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 285 - Separability Clause.

§  285.  Separability clause. If any part or provision of this article
  or the application thereof to any person  or  circumstance  be  adjudged
  invalid  by  any court of competent jurisdiction, such judgment shall be
  confined in its operation to the part, provision or application directly
  involved in the controversy in  which  such  judgment  shall  have  been
  rendered and shall not affect or impair the validity of the remainder of
  this   article   or   the   application  thereof  to  other  persons  or
  circumstances and the legislature hereby declares  that  it  would  have
  enacted this article or the remainder thereof had the invalidity of such
  provision or application thereof been apparent.
2023 New York Laws › TWN - Town › Article 17 - Cemeteries › 290 - Duties of Town Board.

§  290. Duties of town board. The town board shall lay out into burial
  lots any burial grounds conveyed to them;  and  within  one  year  after
  conveyance  to them they shall cause to be recorded in the office of the
  clerk of the county in which they reside a plot or plots of  the  ground
  so  laid  out  by  them,  which  shall  clearly  indicate the number and
  location of the several lots, which plots shall be  duly  certified  to,
  under  the  hands  and  seals  of  the  supervisor  and  town clerk, and
  acknowledged  before  an  officer   authorized   to   take   proof   and
  acknowledgment of deeds. They shall designate and set aside certain lots
  which  shall  be  free  from  the  interment  of the remains of indigent
  persons, deceased, and shall sell and convey, by direction of a majority
  of the board, under the hands and  seals  of  the  supervisor  and  town
  clerk,  burial  lots,  at  such  terms as may be agreed upon between the
  parties, and expend the moneys realized from such sale in improving  and
  preserving  the particular burial ground from the sale of whose lots the
  moneys were received. All moneys realized from the sale of  burial  lots
  shall,  upon  the receipt thereof, be paid over to the supervisor of the
  town to be retained by him as a separate fund and paid out only  on  the
  order of a majority of such town board.
2023 New York Laws › TWN - Town › Article 17 - Cemeteries › 292 - Transfer of Burial Grounds to Cemetery Corporation.

§  292.  Transfer  of burial grounds to cemetery corporation. Any town
  may convey and transfer its right, title  and  interest  in  any  burial
  grounds  within the limits of and belonging to the town, or belonging to
  the town and individual lot owners, to a cemetery corporation authorized
  to hold and maintain property within the  town  for  cemetery  purposes,
  organized  or to be organized under the membership corporations law. The
  deed of conveyance shall be executed by the supervisor, after  the  town
  board shall have authorized such conveyance.
2023 New York Laws › TWN - Town › Article 17 - Cemeteries › 292-A - Cemetery and Funeral Home Combinations.

§  292-a.  Cemetery  and  funeral home combinations. 1. No town shall,
directly or indirectly:
(a) sell, or have, enter into or perform a lease of any  of  its  real
property dedicated to cemetery purposes or adjacent thereto to a funeral
entity, or use any of its property for location of a funeral entity;
(b) commingle funds used for cemetery purposes with a funeral entity;
(c) direct or carry on its cemetery related business or affairs with a
funeral entity;
(d) authorize control of its cemetery related business or affairs by a
funeral entity;
(e)  engage in any sale or cross-marketing of goods or services with a
funeral entity;
(f) have, enter into or perform a management or service  contract  for
cemetery operations with a funeral entity; or
(g)  have, enter into or perform a management contract with any entity
other than a not-for-profit or religious  corporation,  or  governmental
entity.
2. Only the provisions of paragraphs (a) and (b) of subdivision one of
this  section  shall  apply  to  towns with thirty acres or less of real
property dedicated to cemetery purposes, and only to the extent the sale
or lease is of real property dedicated to cemetery  purposes,  and  such
cemeteries  shall  not  engage  in  the  sale  of  funeral home goods or
services, except if such goods and services are otherwise  permitted  to
be sold by cemeteries.
3.  For the purposes of this section, "funeral entity" means a person,
partnership, corporation, limited liability company  or  other  form  of
business  organization  providing  funeral  home  services,  or  owning,
controlling,  conducting  or  affiliated  with  a  funeral   home,   any
subsidiary  thereof or any officer, director or stockholder having a ten
per centum or  greater  proprietary,  beneficial,  equitable  or  credit
interest in a funeral home.
2023 New York Laws › TWN - Town › Article 17 - Cemeteries › 293 - Exception.

§  293.  Exception.  All  provisions of the preceding sections of this
  article  which  are  inconsistent  with  the   provisions   of   chapter
  seventy-six  of  the  laws of eighteen hundred sixty-nine, as amended by
  chapter  four  hundred  thirty-two  of  the  laws  of  eighteen  hundred
  ninety-nine, shall not apply to Greenfield cemetery in Hempstead, Nassau
  county, or to the trustees or management thereof.
2023 New York Laws › TWN - Town › Article 17 - Cemeteries › 294 - Armed Forces' Burial Plot.

§  294.  Armed  forces'  burial plot. 1. The town board in each of the
  towns of this state may upon the application in writing of  any  veteran
  armed forces' association in the town, or upon a petition of any writing
  of  five  or  more  veterans of the armed forces of the United States in
  towns where no veteran armed forces  organization  exists,  purchase  or
  provide  an armed forces' plot in one or more cemeteries where no burial
  plots are now owned by armed forces organizations, in which burial plots
  deceased members of the  armed  forces  of  the  United  States  may  be
  interred  and,  except in the county of Broome, may also provide for the
  annual care of armed forces' burial plots in cemeteries, at the rate  of
  not  to  exceed  twenty  dollars for each grave of a member of the armed
  forces in such burial plot or plots, and the expense shall  be  included
  in  the town expenses, assessed, levied and collected in the same manner
  as other town expenses are levied and collected.
2. In the county of Broome, the board of supervisors shall provide for
  the annual care of armed forces'  burial  plots,  either  heretofore  or
  hereafter  established,  in  all  cemeteries in such county, at the rate
  aforesaid, and the expense thereof shall be  a  county  charge  audited,
  assessed,  levied  and  collected in the same manner as are other county
  charges.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 300 - Apportionment of Division Fence.

§  300.  Apportionment  of division fence. Each owner of two adjoining
  tracts of land,  except  when  they  otherwise  agree,  shall  make  and
  maintain a just and equitable portion of the division fence between such
  lands,  unless  both  of  said adjoining owners shall agree to let their
  said lands lie open, along the division line, to the use of all  animals
  which  may be lawfully upon the lands of either; provided, however, that
  the owner of an adjoining tract of land who does not keep  such  animals
  thereon  within  five  years  of the date of the erection or repair of a
  division  fence  shall  not  be  obligated  or  liable   for   erecting,
  maintaining  or  repairing  such  a  division  fence under this article.
  Unless otherwise agreed, an adjoining owner  who  erects  or  repairs  a
  division  fence shall be entitled to recover from the owner of the other
  adjoining tract,  twenty  percent  of  the  proportionate  cost  thereof
  otherwise  ascribable  to such other owner for each year or part thereof
  in which the other adjoining tract is regularly used for keeping animals
  occurring within five years of the date of such erection or repair. When
  the adjoining lands shall  border  upon  any  of  the  navigable  lakes,
  streams  or  rivers of the state, the owners of the lands shall make and
  maintain the division fence between them down to the line of  low  water
  mark, in such lakes, streams or rivers except those lands which overflow
  annually so as to be so submerged with water that no permanent fence can
  be  kept  thereon, and known as low flat lands; and when adjoining lands
  shall be bounded by a line between the banks of  streams  of  water  not
  navigable,  and  the  owners  or occupants thereof cannot agree upon the
  manner in which the division fence between them shall be maintained, the
  fence viewers of the town shall direct upon which bank  of  the  stream,
  and  where  the  division  fence shall be located, and the portion to be
  kept and maintained by each adjoining owner.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 301 - Lands Lying Open.

§  301.  Lands  lying  open.  When the owners of adjoining lands shall
  choose to let them lie open,  as  provided  in  section  three  hundred,
  neither  of  such  owners  shall be liable to the other in any action or
  proceeding for any damages done by animals  lawfully  upon  the  other's
  premises  going  upon the lands so lying open or upon any other lands of
  the owner thereof through such lands so lying open. Either owner of  any
  lands  so  lying  open  and adjoining may, unless the agreement is for a
  specified period, and after such agreement has expired may then have the
  same inclosed, by giving written notice to that effect to the owners  or
  occupants of the adjoining lands, whereupon it shall be the duty of both
  parties  to  build  and maintain their several proportions of a division
  fence.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 302 - Division Fence on Change of Title.

§  302.  Division  fence on change of title. Whenever a subdivision or
  new apportionment of any division fence shall become necessary by reason
  of transfer of the title of either of the adjoining owners, to the whole
  or any portion of the adjoining lands, by conveyance, devise or descent,
  such subdivision or new apportionment shall thereupon  be  made  by  the
  adjoining  owners  affected  thereby;  and  either adjoining owner shall
  refund to the other a just proportion of the value at the time  of  such
  transfer of title of any division fence that shall theretofore have been
  made  and  maintained  by such other adjoining owner, or the person from
  whom he derived his title, or he shall  build  his  proportion  of  such
  division fence. The value of any fence, and the proportion thereof to be
  paid  by  any  person,  and  the proportion to be built by him, shall be
  determined by any two of the fence viewers  of  the  town,  in  case  of
  disagreement.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 303 - Settlement of Disputes.

§ 303. Settlement of disputes. If disputes arise between the owners of
  adjoining  lands,  concerning  the  liability of either party to make or
  maintain any division fence, or the proportion or particular part of the
  fence to be made or maintained by either of them, such disputes shall be
  settled by any two of the fence viewers of the town, one of  whom  shall
  be  chosen  by  each  party;  and  if  either neglect, after eight days'
  notice, to make such choice, the other party may select both. The  fence
  viewers,  in  all  matters  heard by them, shall see that all interested
  parties have had  reasonable  notice  thereof,  and  shall  examine  the
  premises  and hear the allegations of the parties. If they cannot agree,
  they shall select another  fence  viewer  to  act  with  them,  and  the
  decision  of  any  two  shall  be  reduced  to  writing,  and  contain a
  description of the fence, and the proportion to be maintained  by  each,
  and  shall be forthwith filed in the office of the town clerk, and shall
  be final upon the parties to such dispute, and all parties holding under
  them.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 304 - Powers of Fence Viewers.

§ 304. Powers of fence viewers. Witnesses may be examined by the fence
  viewers  on  all  questions  submitted to them; and either of such fence
  viewers may issue subpoenas for witnesses. A subpoena issued under  this
  section  shall  be  regulated  by the civil practice law and rules. Each
  fence viewer thus employed shall be entitled to  one  dollar  and  fifty
  cents  per  diem.  The  party  refusing  or  neglecting to pay the fence
  viewers or either of them shall be liable to an action for the same with
  costs.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 305 - Neglect to Make or Repair Division Fence.

§  305. Neglect to make or repair division fence. If any person who is
  liable to contribute to the erection or repair of a division fence shall
  neglect or refuse to make and maintain his proportion of such fence,  or
  shall permit the same to be out of repair, he shall be liable to pay the
  party   injured  all  such  damages  as  shall  accrue  thereby,  to  be
  ascertained and appraised by any two fence viewers of the town,  and  to
  be  recovered  with costs. The appraisement shall be reduced to writing,
  and signed by the fence viewers making it. If such  neglect  or  refusal
  shall  be continued for the period of one month after request in writing
  to make or repair the fence, the party injured may make  or  repair  the
  same,  at  the  expense  of  the  party so neglecting or refusing, to be
  recovered from him with costs.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 306 - Fence Destroyed by Accident.

§ 306. Fence destroyed by accident. Whenever a division fence shall be
  injured  or  destroyed by floods, or other casualty, the person bound to
  make and repair such fence, or any part thereof, shall  make  or  repair
  the same, or his just proportion thereof, within ten days after he shall
  be  so required by any person interested therein. Such requisition shall
  be in writing, and signed by the party  making  it.  If  the  person  so
  notified  shall  refuse  or  neglect to make or repair his proportion of
  such fence, for the space of ten days  after  such  request,  the  party
  injured  may  make  or  repair  the  same at the expense of the party so
  refusing or neglecting, to be recovered from him with costs.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 307 - Damages for Insufficient Fence.

§  307.  Damages  for insufficient fence. Whenever the electors of any
  town shall have made any rule or regulation prescribing  what  shall  be
  deemed  a  sufficient  division fence in such town, any person who shall
  thereafter neglect to keep a fence according to such rule or  regulation
  shall  be precluded from recovering compensation for damages done by any
  beast lawfully kept upon the adjoining lands that may enter therefrom on
  any lands of such person, not fenced in conformity to the said  rule  or
  regulation,  through any such defective fence. When the sufficiency of a
  fence shall come in question in any action, it shall be presumed to have
  been sufficient until the contrary be established.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 308 - Damages for Omitting to Build Fence.

§  308.  Damages  for omitting to build fence. If any person liable to
  contribute to the erection or repair of a division fence  shall  neglect
  or  refuse  to  make and maintain his proportion of such fence, or shall
  permit the same to be put out of repair, he shall not be allowed to have
  and maintain any action for damages incurred  by  beast  coming  thereon
  from  adjoining lands, where such beasts are lawfully kept, by reason of
  such defective fence, but shall be liable to pay to  the  party  injured
  all  damages  that shall accrue to his lands, and the crops, fruit trees
  and shrubbery thereon, and fixtures  connected  with  the  land,  to  be
  ascertained  and  appraised by any two fence viewers of the town, and to
  be recovered, with costs; which appraisement shall be reduced to writing
  and signed by the fence viewers making the same, but shall be only prima
  facie evidence of the amount of such damages.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 309 - Use of Barbed or Other Wire for Division Fence.

§ 309. Use of barbed or other wire for division fence. Barbed or other
  wire  may  be  used in the construction of any division fence, provided,
  that such fence, be built in the following manner:  The fence  shall  be
  of  at  least  four  strands of wire with the posts and supports of such
  fence, at such distances apart, as the fence viewers  of  the  town  may
  prescribe, but the posts thereof shall be no further apart than fourteen
  feet;  and  such  fence  shall  be  otherwise  substantially built and a
  reasonable sufficient inclosure for holding the particular kind or class
  of cattle or animals usually pastured  on  either  side  of  the  fence.
  Nothing  contained  in section three hundred seven shall be construed to
  authorize the electors of any town to prohibit the use of  wire  fences,
  for division fences, if such fences comply with the requirements of this
  section.  Whenever  such  fence  shall  become so out of repair as to be
  unsafe, it shall be the duty of  the  owner  or  owners  to  immediately
  repair the same. But this section shall not be so construed as to permit
  railroad  corporations  to use barbed wire in the construction of fences
  along their lines contrary to the provisions of section fifty-two of the
  railroad law.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 310 - Lien Upon Strays.

§  310.  Lien  upon strays. Whenever any person shall have any strayed
  horses, cattle, sheep, swine or other beast upon his inclosed  land,  or
  shall find any such beast on land owned or occupied by him doing damage,
  and such beast shall not have come upon such lands from adjoining lands,
  where  they  are  lawfully  kept, by reason of his refusal or neglect to
  make or maintain a division fence required of him by  law,  such  person
  may have a lien with priority over all other liens upon such beasts, for
  so  long  as such person shall retain possession of such beasts, for the
  damage sustained by reason of their so coming upon his lands  and  doing
  damage,  for  his  reasonable charges for keeping them, and all fees and
  costs made thereon, and he may  keep  such  beast  until  such  damages,
  charges,  fees  and  costs  are  paid,  or such lien is foreclosed, upon
  complying with the provisions of this article relating thereto.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 311 - Notice of Lien to Town Clerk.

§  311.  Notice of lien to town clerk. If such beasts are not redeemed
  within five days after coming upon such lands, the  person  entitled  to
  such lien shall deliver to the town clerk of the town, within which such
  lands or some part thereof shall be, a written notice subscribed by him,
  containing  his residence, and a description of the beasts so strayed or
  coming upon his lands, as near as may be, and that he claims a  lien  on
  such  beasts  for  such damages, charges, fees and costs. The town clerk
  shall record the notice in a book to be kept by him  for  that  purpose,
  for  which  he shall receive ten cents for each beast, to be paid by the
  person delivering the notice. Such books shall always be kept  open  for
  inspection, and no fees shall be taken by the clerk therefor.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 312 - Impounding Strays.

§ 312. Impounding strays. Within six days after such beasts shall have
  come upon such lands, such owner or occupant may cause them to be put in
  the  nearest  pound  in  the same town, if there be one, there to remain
  until they be redeemed, sold or reclaimed according to law. If there  be
  no  such  pound, or he elect to keep such beasts, he shall cause them to
  be properly fed and cared for until they are redeemed, sold or reclaimed
  according to law.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 313 - Notice of Strays to Owner.

§  313.  Notice  of strays to owner. Within thirty days after any such
  beasts may have come or been found upon any lands, the owner or occupant
  of the lands shall serve a written notice, either personally or by mail,
  upon the owner of the beasts, if known, that they are upon his lands, or
  in pound, as the case may be, and are held by him as  strays  or  beasts
  doing  damage,  as  the  case may be; and if such owner is not known, he
  shall publish such notice, within such time, in the nearest newspaper of
  the county for at least two successive weeks.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 314 - Charges for Notice of Strays.

§  314. Charges for notice of strays. The person delivering the notice
  to the town clerk shall be entitled to receive therefor, in addition  to
  the  fees paid the town clerk, fifteen cents each for all horses, mules,
  cattle and swine, and five cents for each other beasts described in  the
  notice.  If  the  charges,  damages,  costs and fees are not agreed upon
  between the person delivering the notice and the owner  of  the  beasts,
  they  shall  be determined by two fence viewers of the town, one of whom
  shall be selected by the person claiming the  lien,  the  other  by  the
  fence viewer so selected. If such fence viewers cannot agree, they shall
  select  another  to  act  with them, and the decision of any two of them
  shall be final.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 315 - Fees of Fence Viewers as to Strays.

§  315. Fees of fence viewers as to strays. Each fence viewer shall be
  entitled to receive ten cents for every mile  he  shall  be  obliged  to
  travel  from  his  residence to the place where the beasts are kept, and
  seventy-five cents for a certificate of the charges  as  ascertained  by
  them.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 316 - Foreclosure of Lien Upon Strays.

§  316.  Foreclosure  of lien upon strays. If the owner of such beasts
  shall not redeem the same within one month after delivery of the  notice
  to  the  town  clerk, the person delivering the notice may foreclose his
  lien by action, or by a sale of the beasts, as herein provided.  When  a
  person  claiming a lien, as herein provided, shall fail to establish the
  same, he shall not be entitled to receive anything for damages, charges,
  fees or costs, but shall be liable to pay all fees, costs  and  expenses
  incurred  by  reason  of  his  keeping  such  beasts and the proceedings
  thereon.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 317 - Notice of Sale of Strays by Fence Viewers.

§  317.  Notice  of  sale  of  strays by fence viewers. After such one
  month, a fence  viewer  of  the  town,  on  application  of  the  person
  delivering  the notice, shall give at least ten days' previous notice of
  the time and place of the sale of such beasts, by  advertisement  posted
  in  at  least  five public places in the town where such beasts may have
  been kept, one of which shall be at or near the outside door of the town
  clerk's office. In the event that the town  maintains  a  website,  such
  information  may  also be provided on the website. At the time and place
  mentioned, such fence viewers shall sell  such  beasts  to  the  highest
  bidder, unless redeemed by the owner.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 318 - Proceeds of Sale of Strays.

§ 318. Proceeds of sale of strays. Out of the proceeds from such sale,
  the fence viewer shall retain and pay the sums charged for such notices,
  fees  and costs, together with the sums specified in the certificate for
  keeping the beasts, and damages done by them; and the like  charges  for
  the  sale  as  are  allowed  on  sales  under  executions  issued out of
  justices' courts, and he shall pay the  residue  to  the  owner  of  the
  beasts, if he shall appear and demand the same.
2023 New York Laws › TWN - Town › Article 18 - Fences, Strays and Pounds › 319 - Notice to Owner of Strays of Fence Viewers' Meeting.

§  319.  Notice to owner of strays of fence viewers' meeting. When the
  owner of such beasts is known and resides in the same  town  where  such
  beasts  are kept, five days' notice of the time and place of meetings of
  the fence viewers to determine the damages done by such beasts, and  the
  charges  for  keeping  them,  shall  be  personally served on him; if he
  resides elsewhere, and his post-office address  is  known,  such  notice
  shall be served by mail or personally.