§ 73 — Alteration of town boundaries

* § 73. Alteration of town boundaries. 1. A petition signed, and\nacknowledged or proved, or authenticated in the manner provided in\narticle six for the purpose of altering the boundary lines or the\ndivision of a town may be filed as herein provided. The petition shall\ndescribe the boundaries with common certainty and shall be accompanied\nby a map or survey showing the alteration proposed. The petition shall\nbe signed, and acknowledged or proved, or authenticated by electors of\neach town affected as provided in section eighty-one of this chapter.\nThe petition shall contain a statement of all town indebtedness and the\nreasons for the change.\n 2. The petition shall be filed with the clerk of the board of\nsupervisors of the county not less than one hundred twenty days\npreceding a biennial town election. The board of supervisors shall fix a\ndate for a public hearing thereon and the clerk of said board of\nsupervisors shall prepare a notice of such hearing which shall recite\nthe filing of the petition and the description of the proposed\nalteration. The notice shall be delivered to the town clerk of each town\naffected thereby, who shall cause the same to be published in a\nnewspaper published in the town, or if none, in a newspaper having\ncirculation in such town, once a week for four successive weeks next\npreceding the hearing and who shall also cause a copy of the notice to\nbe posted on the sign-board of the town maintained pursuant to\nsubdivision six of section thirty of this chapter at least four weeks\nnext preceding the hearing. In the event that the town maintains a\nwebsite, such information may also be provided on the website. The cost\nof publication and posting shall be a town charge and due proof thereof\nshall be filed with the clerk of the board of supervisors at or before\nthe hearing.\n 3. The public hearing may be held either before the board of\nsupervisors or a standing or special committee of the board designated\nfor the purpose. A report of proceedings before a committee shall be\nfiled with the clerk of the board of supervisors within ten days after\nthe public hearing. After such public hearing and upon the evidence\ngiven thereat, the board of supervisors may by a resolution adopted by a\ntwo-thirds vote of the total voting power of the board grant the\npetition and provide for the submission of a proposition to the electors\nof each town affected. A copy of the determination of the board of\nsupervisors duly certified by the clerk of the board shall be filed in\nthe office of the town clerk of each town affected. No county, city or\nvillage boundary shall be altered under or pursuant to the provisions of\nthis section.\n 4. The form of the proposition and the certificate thereof shall be in\nthe manner provided in article three of the county law. When a town is\nto be divided, the board of supervisors shall determine the proposed\nname of each new town.\n 5. The proposition shall be submitted to the qualified electors of\neach town affected at the next biennial town election occurring not less\nthan forty days after the adoption of the resolution of the board of\nsupervisors. All provisions of the election law not inconsistent with\nthis chapter shall apply to the submission of the proposition and to the\ncanvass of the vote and certification of the result. If a majority of\nthe votes cast on such proposition be in the affirmative, the\nproposition shall be adopted and the town or towns shall consist of the\nterritory as so altered or divided.\n 6. The clerk of the board of supervisors shall cause a copy of the\npetition together with a copy of such map or survey, to be filed within\nsixty days after the adoption of the proposition with the secretary of\nstate and state comptroller, and with the county clerk of the county.\n * NB This section partially repealed by chapter 73/64. Certain\nprovisions were retained by opinion of the Atty. Gen. (Inf.) October 1,\n1981;(Inf.) 195/1975; and (Inf.) 143/1977.\n