(b) Whether all the property and property owners benefited are
included within the limits of the proposed fire protection district;
(c) Whether it is in the public interest to grant in whole or in part
the diminution of the district and the creation of the fire protection
district by the town board.
If the board of fire commissioners and the town board shall determine
that it is in the public interest to diminish the fire district and
create the fire protection district but shall find that any part or
portion of the property or property owners within the proposed area to
be excluded from the fire district are not benefited thereby or that
certain property or property owners benefited thereby have not been
included in the proposed fire protection district, the board of fire
commissioners and the town board shall specify the necessary changes of
the boundaries of the area to be excluded from the fire district and the
boundaries of the fire protection district in order that only such
property and property owners as are benefited, shall be included within
such proposed excluded area and within the fire protection district, and
the board of fire commissioners shall, together with the town board,
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 published 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 area to be excluded
and the boundaries of the fire protection district. Such further hearing
shall be conducted in the same manner as the original hearing. If, and
when, the board of fire commissioners and the town board shall determine
in the affirmative all of the questions set forth in this subdivision,
the board of fire commissioners may adopt a resolution approving the
diminution of the fire district and the town board may adopt a
resolution approving the establishment of the fire protection district,
all as the boundaries shall be finally determined.
Structure New York Laws
Article 11 - Fire, Fire Alarm and Fire Protection Districts
170 - Establishment and Extension of Fire, Fire Alarm and Fire Protection Districts.
172-A - Alteration of Boundaries of Fire Districts.
172-C - Alteration of Boundaries of Fire Protection District.
172-E - Change of Name of Fire District.
172-F - Resolution and Hearing for Diminution of Fire District Boundaries.
172-G - Filing of Determination.
173 - Filing of Determination.
175 - Election of Fire District Officers.
175-A - Registration for Voters.
175-B - Absentee Ballots for Fire District Elections; Special Provisions.
175-C - Notice of Hearings and Elections.
176 - Powers and Duties of Fire District Commissioners.
176-A - Duties of Chief and Assistant Chiefs of Fire Department of Fire District.
176-B - Volunteer Members of Fire District Fire Companies.
176-C - Removal of Fire Commissioners.
176-D - Funding of Fire Districts.
176-E - Training Requirements for Fire Commissioners.
177 - Powers and Duties of Fire District Treasurer.
177-B - Powers and Duties of Deputy Fire District Treasurers.
177-C - Powers and Duties of the Director of Purchasing.
178 - Powers and Duties of Fire District Secretary.
178-A - Expenses Incurred in Attending Town and County Officers Training School.
178-B - Expenses of the Association of Fire Districts of the State of New York.
178-C - Expenses of Fire District Officers, Officials and Employees.
178-D - Costs, Expenses and Damages a Fire District Charge in Certain Cases.
179 - Special District Elections to Vote Upon Appropriations.
180 - Actions and Proceedings Against Fire Districts.
181 - Annual Budget and Levy of Taxes.
181-B - Independent Audit of Fire Districts.
182 - Effect of Incorporation of Village or City Including Lands Within a Fire District.
184 - Fire Protection Districts.
184-A - Contract for Water Supply Outside of Fire Districts.
184-C - Water Supply Outside of Fire Districts.
187 - Exclusion of a Fire District From a Water Supply District.
188 - Use of Surplus Town Moneys for Purchase of Fire Apparatus for Use in Town Fire Districts.