2023 New York Laws › TWN - Town › Article 11 - Fire, Fire Alarm and Fire Protection Districts › 172-F - Resolution and Hearing for Diminution of Fire District Boundaries.

§  172-f.  Resolution  and  hearing  for  diminution  of fire district
boundaries. 1. Irrespective of the manner of its original establishment,
whenever a board of fire commissioners resolves, by a  two-thirds  vote,
to  diminish  the  boundaries  of  such  fire district, so as to exclude
territory previously situate within such  fire  district,  and  after  a
public  hearing  thereon, held jointly by the fire district and the town
in which such territory to be excluded is  situate,  the  boundaries  of
such fire district may be altered in accordance with such resolution.
2.   Such  resolution  of  proposed  diminution  shall  be  signed  by
two-thirds of the members of the board of fire commissioners  and  shall
be acknowledged or approved in the same manner as a deed to be recorded.
The  members  of  the  board  of fire commissioners shall jointly hold a
public hearing with  the  members  of  the  town  board  in  which  such
territory is located 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 shall be not less than ten  days
nor  more  than  twenty  days  before the day designated therein for the
hearing. Such notice shall specify the time when and the place where the
board of fire commissioners and the town board will  meet  to  hear  all
persons  interested  in  the  subject,  and  shall specify the territory
affected. Cost  of  publication  shall  be  borne  solely  by  the  fire
district.  Such  notice  shall also specify the area to be included in a
proposed fire protection district, which fire protection district  shall
include the area of the fire district proposed to be excluded.
3.  After a hearing held upon notice as hereinbefore provided and upon
the evidence given thereat, the board of fire commissioners and the town
board shall determine by resolution: (a) Whether all  the  property  and
property  owners  within  the  area  proposed  to  be  excluded from the
district and included in the  fire  protection  district  are  benefited
thereby;
(b)  Whether  all  the  property  and  property  owners  benefited are
included within the limits of the proposed fire protection district;
(c) Whether it is in the public interest to grant in whole or in  part
the  diminution  of the district and the creation of the fire protection
district by the town board.
If the board of fire commissioners and the town board shall  determine
that  it  is  in  the  public interest to diminish the fire district and
create the fire protection district but shall  find  that  any  part  or
portion  of  the property or property owners within the proposed area to
be excluded from the fire district are not  benefited  thereby  or  that
certain  property  or  property  owners  benefited thereby have not been
included in the proposed fire protection district,  the  board  of  fire
commissioners  and the town board shall specify the necessary changes of
the boundaries of the area to be excluded from the fire district and the
boundaries of the fire protection  district  in  order  that  only  such
property  and property owners as are benefited, shall be included within
such proposed excluded area and within the fire protection district, and
the board of fire commissioners shall, together  with  the  town  board,
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 published 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 area to be  excluded
and the boundaries of the fire protection district. Such further hearing
shall  be  conducted in the same manner as the original hearing. If, and
when, the board of fire commissioners and the town board shall determine
in the affirmative all of the questions set forth in  this  subdivision,
the  board  of  fire  commissioners may adopt a resolution approving the

diminution of  the  fire  district  and  the  town  board  may  adopt  a
resolution  approving the establishment of the fire protection district,
all as the boundaries shall be finally determined.