2023 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.