N.Y. Town Law § 73: Alteration of town boundaries

* § 73. Alteration of town boundaries. 1. A petition signed, and

acknowledged or proved, or authenticated in the manner provided in

article six for the purpose of altering the boundary lines or the

division of a town may be filed as herein provided. The petition shall

describe the boundaries with common certainty and shall be accompanied

by a map or survey showing the alteration proposed. The petition shall

be signed, and acknowledged or proved, or authenticated by electors of

each town affected as provided in section eighty-one of this chapter.

The petition shall contain a statement of all town indebtedness and the

reasons for the change.

2. The petition shall be filed with the clerk of the board of

supervisors of the county not less than one hundred twenty days

preceding a biennial town election. The board of supervisors shall fix a

date for a public hearing thereon and the clerk of said board of

supervisors shall prepare a notice of such hearing which shall recite

the filing of the petition and the description of the proposed

alteration. The notice shall be delivered to the town clerk of each town

affected thereby, who shall cause the same to be published in a

newspaper published in the town, or if none, in a newspaper having

circulation in such town, once a week for four successive weeks next

preceding the hearing and who shall also cause a copy of the notice to

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

subdivision six of section thirty of this chapter at least four weeks

next preceding the hearing. In the event that the town maintains a

website, such information may also be provided on the website. The cost

of publication and posting shall be a town charge and due proof thereof

shall be filed with the clerk of the board of supervisors at or before

the hearing.

3. The public hearing may be held either before the board of

supervisors or a standing or special committee of the board designated

for the purpose. A report of proceedings before a committee shall be

filed with the clerk of the board of supervisors within ten days after

the public hearing. After such public hearing and upon the evidence

given thereat, the board of supervisors may by a resolution adopted by a

two-thirds vote of the total voting power of the board grant the

petition and provide for the submission of a proposition to the electors

of each town affected. A copy of the determination of the board of

supervisors duly certified by the clerk of the board shall be filed in

the office of the town clerk of each town affected. No county, city or

village boundary shall be altered under or pursuant to the provisions of

this section.

4. The form of the proposition and the certificate thereof shall be in

the manner provided in article three of the county law. When a town is

to be divided, the board of supervisors shall determine the proposed

name of each new town.

5. The proposition shall be submitted to the qualified electors of

each town affected at the next biennial town election occurring not less

than forty days after the adoption of the resolution of the board of

supervisors. All provisions of the election law not inconsistent with

this chapter shall apply to the submission of the proposition and to the

canvass of the vote and certification of the result. If a majority of

the votes cast on such proposition be in the affirmative, the

proposition shall be adopted and the town or towns shall consist of the

territory as so altered or divided.

6. The clerk of the board of supervisors shall cause a copy of the

petition together with a copy of such map or survey, to be filed within

sixty days after the adoption of the proposition with the secretary of

state and state comptroller, and with the county clerk of the county.

* NB This section partially repealed by chapter 73/64. Certain

provisions were retained by opinion of the Atty. Gen. (Inf.) October 1,

1981;(Inf.) 195/1975; and (Inf.) 143/1977.