N.Y. Town Law § 171: Petition and hearing

§ 171. Petition and hearing. 1. A petition to establish or extend a

fire, fire alarm or fire protection district pursuant to the provisions

of section one hundred seventy of this article shall be signed, and

acknowledged or proved in the same manner as a deed to be recorded, or

authenticated in the manner provided by the election law for the

authentication of nominating petitions, by resident taxpayers owning

taxable real property aggregating at least one-half of the assessed

valuation of all the taxable real property of the proposed district or

extension thereof owned by resident taxpayers, as such valuations appear

upon the latest completed assessment roll of said town or towns, except

that where there are no resident taxpayers within a proposed fire

protection district or fire alarm district or a proposed extension of a

fire district, fire protection district or fire alarm district then the

petition shall be signed by non-resident taxpayers owning taxable real

property aggregating at least one-half of the assessed valuation of all

the taxable real property in the proposed district or extension as shown

on such last completed assessment roll. If a portion only of a parcel of

such real estate appearing upon the assessment roll is situated within

the proposed district or extension, then the town board or boards may

determine the relative value of that part thereof within the proposed

district or extension, based upon the valuation of the entire parcel as

the same appears upon the assessment roll. If the boundaries of a

proposed fire district as described in the petition therefor shall be

coterminous with those of an existing water supply district having no

bonded indebtedness, the petition may provide for the dissolution of

such water supply district upon the establishment of said fire district

and the assumption by said fire district of all the liabilities and

indebtedness of such water supply district.

2. a. The town board or town boards shall hold a public hearing upon

such petition 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 town clerk or town clerks shall cause copies of such notice to

be posted on the sign-board of the town maintained pursuant to

subdivision six of section thirty of this chapter, and conspicuously in

such other places within or without the territory affected as the town

board or town boards may direct, not less than ten nor more than twenty

days before the day designated for the hearing as aforesaid. In the

event that the town maintains a website, such information may also be

provided on the website. Such notice shall contain a description of the

proposed district or extension, state the estimated rate per thousand

dollars of assessed valuation, based on the aggregate assessed valuation

of taxable real property of the proposed district or extension district

shown in the latest completed final assessment roll, projected to be

assessed, levied and collected for purposes of the proposed district or

extended district for the fiscal year of its operation and specify the

time when and the place where the town board or boards will meet to

consider such petition and to hear all persons interested in the subject

concerning the same. If the petition shall provide for the dissolution

of an existing water supply district upon the establishment of the fire

district, the notice of hearing shall so specify. If, upon the

establishment or extension of a fire district, the fire district would

become the sponsor of a service award program pursuant to section two

hundred sixteen-b of the general municipal law, the notice of hearing

shall so specify and contain a statement of the estimated annual cost of

the service award program to the fire district; provided, however, that

if, upon the establishment or extension of a fire district, the ensuing

fire district would become the sponsor of a service award program

pursuant to section two hundred sixteen-b of the general municipal law,

the resolutions establishing the districts shall be submitted in each

such town in the manner provided by article seven of this chapter. Prior

to the publication of the notice, the board or boards shall cause to be

prepared, and file for public inspection with the town clerk, a detailed

explanation of how the estimated rate of assessment for the proposed

district or extended district was computed.

b. (1) If the permission of the state comptroller is not required

pursuant to section one hundred seventy-three of this article because it

is not proposed to finance an expenditure for the district or extension

by the issuance of bonds, notes, certificates or other evidences of

indebtedness of the fire district, a certified copy of the notice shall

be filed with the state comptroller on or about the date of the

publication of such notice.

(2) Notwithstanding the provisions of subparagraph one of this

paragraph the state comptroller shall not be precluded from requiring

the submission of additional information or data in such form and detail

as the state comptroller shall deem sufficient or from causing an

investigation to be made with respect to the establishment or extension

of a district or an increase in the maximum amount to be expended.

3. After a hearing held upon notice as hereinbefore provided and upon

the evidence given thereat, the town board or boards shall determine by

resolution:

(a) Whether the petition is signed, and acknowledged or proved, or

authenticated as required by law and is otherwise sufficient;

(b) Whether all the property and property owners within the proposed

district or extension are benefited thereby;

(c) Whether all the property and property owners benefited are

included within the limits of the proposed district or extension;

(d) Whether it is in the public interest to grant in whole or in part

the relief sought.

If the town board shall determine that the petition is not signed, and

acknowledged or proved, or authenticated as required by law or that it

is otherwise insufficient, or if it is determined that it be not in the

public interest to grant in whole or in part the relief sought, the town

board shall deny the petition.

If the town board shall determine that the petition is signed, and

acknowledged or proved, or authenticated as required by law and is

otherwise sufficient and that it is in the public interest to grant the

relief sought, either in whole or in part, but shall find that any part

or portion of the property or property owners within the proposed

district or extension are not benefited thereby or that certain property

or property owners benefited thereby have not been included therein, the

town board shall specify the necessary changes of the boundaries of the

proposed district or extension to be made in order that all of the

property and property owners and only such property and property owners

as are benefited shall be included within such proposed district or

extension, and the board shall 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

posted, published and mailed 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 proposed district or extension.

Such further hearing shall be conducted in the same manner as an

original hearing upon a petition. If and when the town board shall

determine in the affirmative all of the questions set forth in this

subdivision, the board may adopt a resolution approving the

establishment or extension of the district as the boundaries shall be

finally determined, but no such resolution so approving shall be adopted

unless the petition shall comply with the requirements of this section

as to sufficiency of signers as the boundaries of the proposed district

or extension shall be finally determined.