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This entry was published on 2014-09-22
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SECTION 172-A
Alteration of boundaries of fire districts
Town (TWN) CHAPTER 62, ARTICLE 11
§ 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.