§ 171 — Petition and hearing

§ 171. Petition and hearing. 1. A petition to establish or extend a\nfire, fire alarm or fire protection district pursuant to the provisions\nof section one hundred seventy of this article shall be signed, and\nacknowledged or proved in the same manner as a deed to be recorded, or\nauthenticated in the manner provided by the election law for the\nauthentication of nominating petitions, by resident taxpayers owning\ntaxable real property aggregating at least one-half of the assessed\nvaluation of all the taxable real property of the proposed district or\nextension thereof owned by resident taxpayers, as such valuations appear\nupon the latest completed assessment roll of said town or towns, except\nthat where there are no resident taxpayers within a proposed fire\nprotection district or fire alarm district or a proposed extension of a\nfire district, fire protection district or fire alarm district then the\npetition shall be signed by non-resident taxpayers owning taxable real\nproperty aggregating at least one-half of the assessed valuation of all\nthe taxable real property in the proposed district or extension as shown\non such last completed assessment roll. If a portion only of a parcel of\nsuch real estate appearing upon the assessment roll is situated within\nthe proposed district or extension, then the town board or boards may\ndetermine the relative value of that part thereof within the proposed\ndistrict or extension, based upon the valuation of the entire parcel as\nthe same appears upon the assessment roll. If the boundaries of a\nproposed fire district as described in the petition therefor shall be\ncoterminous with those of an existing water supply district having no\nbonded indebtedness, the petition may provide for the dissolution of\nsuch water supply district upon the establishment of said fire district\nand the assumption by said fire district of all the liabilities and\nindebtedness of such water supply district.\n 2. a. The town board or town boards shall hold a public hearing upon\nsuch petition and shall cause a notice thereof to be published at least\nonce in a newspaper having general circulation in the territory\naffected, the first publication thereof to be not less than ten days nor\nmore than twenty days before the day designated therein for the hearing,\nand the town clerk or town clerks shall cause copies of such notice to\nbe posted on the sign-board of the town maintained pursuant to\nsubdivision six of section thirty of this chapter, and conspicuously in\nsuch other places within or without the territory affected as the town\nboard or town boards may direct, not less than ten nor more than twenty\ndays before the day designated for the hearing as aforesaid. In the\nevent that the town maintains a website, such information may also be\nprovided on the website. Such notice shall contain a description of the\nproposed district or extension, state the estimated rate per thousand\ndollars of assessed valuation, based on the aggregate assessed valuation\nof taxable real property of the proposed district or extension district\nshown in the latest completed final assessment roll, projected to be\nassessed, levied and collected for purposes of the proposed district or\nextended district for the fiscal year of its operation and specify the\ntime when and the place where the town board or boards will meet to\nconsider such petition and to hear all persons interested in the subject\nconcerning the same. If the petition shall provide for the dissolution\nof an existing water supply district upon the establishment of the fire\ndistrict, the notice of hearing shall so specify. If, upon the\nestablishment or extension of a fire district, the fire district would\nbecome the sponsor of a service award program pursuant to section two\nhundred sixteen-b of the general municipal law, the notice of hearing\nshall so specify and contain a statement of the estimated annual cost of\nthe service award program to the fire district; provided, however, that\nif, upon the establishment or extension of a fire district, the ensuing\nfire district would become the sponsor of a service award program\npursuant to section two hundred sixteen-b of the general municipal law,\nthe resolutions establishing the districts shall be submitted in each\nsuch town in the manner provided by article seven of this chapter. Prior\nto the publication of the notice, the board or boards shall cause to be\nprepared, and file for public inspection with the town clerk, a detailed\nexplanation of how the estimated rate of assessment for the proposed\ndistrict or extended district was computed.\n b. (1) If the permission of the state comptroller is not required\npursuant to section one hundred seventy-three of this article because it\nis not proposed to finance an expenditure for the district or extension\nby the issuance of bonds, notes, certificates or other evidences of\nindebtedness of the fire district, a certified copy of the notice shall\nbe filed with the state comptroller on or about the date of the\npublication of such notice.\n (2) Notwithstanding the provisions of subparagraph one of this\nparagraph the state comptroller shall not be precluded from requiring\nthe submission of additional information or data in such form and detail\nas the state comptroller shall deem sufficient or from causing an\ninvestigation to be made with respect to the establishment or extension\nof a district or an increase in the maximum amount to be expended.\n 3. After a hearing held upon notice as hereinbefore provided and upon\nthe evidence given thereat, the town board or boards shall determine by\nresolution:\n (a) Whether the petition is signed, and acknowledged or proved, or\nauthenticated as required by law and is otherwise sufficient;\n (b) Whether all the property and property owners within the proposed\ndistrict or extension are benefited thereby;\n (c) Whether all the property and property owners benefited are\nincluded within the limits of the proposed district or extension;\n (d) Whether it is in the public interest to grant in whole or in part\nthe relief sought.\n If the town board shall determine that the petition is not signed, and\nacknowledged or proved, or authenticated as required by law or that it\nis otherwise insufficient, or if it is determined that it be not in the\npublic interest to grant in whole or in part the relief sought, the town\nboard shall deny the petition.\n If the town board shall determine that the petition is signed, and\nacknowledged or proved, or authenticated as required by law and is\notherwise sufficient and that it is in the public interest to grant the\nrelief sought, either in whole or in part, but shall find that any part\nor portion of the property or property owners within the proposed\ndistrict or extension are not benefited thereby or that certain property\nor property owners benefited thereby have not been included therein, the\ntown board shall specify the necessary changes of the boundaries of the\nproposed district or extension to be made in order that all of the\nproperty and property owners and only such property and property owners\nas are benefited shall be included within such proposed district or\nextension, and the board shall call a further hearing at a definite\nplace and time not less than fifteen nor more than twenty-five days\nafter such determination. Notice of such further hearing shall be\nposted, published and mailed in the manner provided in this section\nexcept that such notice shall also specify the manner in which it is\nproposed to alter the boundaries of the proposed district or extension.\nSuch further hearing shall be conducted in the same manner as an\noriginal hearing upon a petition. If and when the town board shall\ndetermine in the affirmative all of the questions set forth in this\nsubdivision, the board may adopt a resolution approving the\nestablishment or extension of the district as the boundaries shall be\nfinally determined, but no such resolution so approving shall be adopted\nunless the petition shall comply with the requirements of this section\nas to sufficiency of signers as the boundaries of the proposed district\nor extension shall be finally determined.\n