2023 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.