Town of Huntington, NY Chapter 12 Capital Program

[HISTORY: Adopted by the Town Board of the Town of Huntington 2-23-1971 by L.L. No. 2-1971 (Ch. 12 of the 1969 Code of the Town of Huntington); amended in its entirety 7-6-1976 by L.L. No. 3-1976. Subsequent amendments noted where applicable.]

§ 12-1 Purpose.

The purpose of this chapter is the establishment of a capital program and budget procedure to enable the Town of Huntington to meet long-range goals of development as specified in the Comprehensive Plan.

§ 12-2 Scope.

This chapter is intended to complement § 99-g, General Municipal Law, and nothing herein is intended to be inconsistent with § 99-g of the General Municipal Law or the Local Finance Law.

§ 12-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CAPITAL BUDGET

The first year of the capital program, to be incorporated in the annual town budget, together with the necessary funding through direct budgetary appropriation, bonded loans or reimbursements and grants-in-aid.

CAPITAL PROGRAM

A list of all proposed projects to be undertaken during a six-year period, together with the priority of their implementation, their estimated cost and proposed method of financing.

CAPITAL PROJECT

An expenditure which results in the acquisition of or addition to fixed assets and which shall cost $5,000 or more and have a life expectancy as set forth in the Local Finance Law.

DEPARTMENTS

All town departments, including town agencies, authorities, councils and boards. References to department heads shall include heads of town agencies and authorities and chairmen of councils and boards.

§ 12-4 Permissive referendum on capital projects requiring bond issue.

In any year that a capital project is approved which requires a bond issue, the approved capital project shall be subject to a permissive referendum at the next ensuing general election, in accordance with the procedures set forth in Article 7 of the Town Law.

§ 12-5 Procedure for preparation of proposed program and budget.

A. By March 1, the Supervisor shall issue a public policy statement on capital improvements which shall include guidelines for town departments, agencies, authorities and councils for their capital improvement project proposals and an invitation to citizens' groups to submit capital improvement project proposals, and which shall set forth a maximum limit on capital expenditure.

B. By March 15, the Planning Board, acting for the Supervisor, shall request proposals for capital projects and shall send instructions and forms to department heads and provide instructions and forms to citizens' groups on request.

C. By April 30, department heads and citizens' group shall submit capital improvement project proposals, with the following required information, to the Planning Board on the appropriate forms:

(1) Project title.

(2) Location, if the site has been determined; if not, suggested sites.

(3) Detailed description of the project, including, when relevant, size, design, kinds of facilities included, projected capacity and other characteristics which will distinguish the project from existing facilities or other requested facilities.

(4) Narrative justification of the project, to include both an explanation of the potential role of the facility in implementing existing or proposed programs to achieve town goals and an explanation of current need.

(5) Status of plans.

(6) Status of site acquisition.

(7) Estimated land cost.

(8) Estimated construction cost.

(9) Estimated total cost.

(10) Anticipated project construction time.

(11) Anticipated life of the project.

(12) Effect on the operating budget for the first three years of operation and estimated income potential, if any.

(13) Effect on existing facilities.

(14) Effect on the environment.

(15) Suggested methods of financing.

(16) Any other pertinent information which will aid in evaluating the relative priority of the project.

D. A priority ranking for each project proposed will not be indicated on the preliminary project request forms. Departmental priorities among projects will be recommended following separate conferences among department heads, the Director of Planning and Environment, the Town Engineer and the Comptroller.

[Amended 7-13-2021 by L.L. No. 35-2021]

E. A Citizens' Advisory Committee shall be appointed by the Town Board and shall consist of representatives selected from, among others, civic, business, political, housing and conservation groups, special skills and minority groups.

F. The Planning Board, after reviewing all project proposals with heads of departments and with the Citizens' Advisory Committee, shall compile a list of projects in order of their priority, together with a detailed explanation of the reasons for the priority ranking selected. The explanation shall include a statement clarifying the extent to which the proposed projects shall aid in implementing the town's goals and objectives. While reviewing proposed capital items, the Planning Board shall request the appropriate department to aid in collecting any additional required information about projects requested by citizens' groups.

G. Simultaneous with the Planning Board's review of project proposals, the Town Engineer shall review all proposals and report on the technical feasibility of each proposed project. His review of the technical feasibility shall include a report on the accuracy of the cost estimates.

H. Simultaneous with the Planning Board's review of project proposals, the Comptroller shall prepare an analysis of the town's financial status.

I. By June 30, after consultation with the Town Engineer and the Comptroller, the Planning Board shall draft a preliminary capital program and budget and submit it to the Town Board. Copies shall be made available to the Citizens' Advisory Committee.

J. The Town Board shall review the preliminary capital program and budget and hold informal discussions with the Chairman of the Planning Board, Planning and Environment Director, Comptroller, Town Engineer and the heads of those departments, agencies, authorities and councils submitting proposed capital projects, as may be appropriate. The Board may make any modifications of the preliminary program and budget which it deems appropriate.

[Amended 7-13-2021 by L.L. No. 35-2021]

K. In light of any modifications of the preliminary program and budget made by the Town Board, the Planning Board shall complete its preliminary capital program and budget, copies of which shall be made available to the public no less than 10 days prior to public hearing. The Planning Board preliminary capital program and budget, as presented at public hearing, shall include the following elements:

(1) The Supervisor's policy statement relative to capital improvements.

(2) A brief summary of each proposed project, together with probable sources of financing.

(3) A description of the procedure followed in preparing the capital program.

(4) A detailed explanation of each project to include:

(a) Title of project.

(b) Priority of project.

(c) Description of project.

(d) Justification of the project's inclusion and priority ranking.

(e) Estimated total cost of the project.

(f) Proposed method of financing the project.

(5) Appropriate maps, tables and graphs to further illustrate and explain the capital program, including but not limited to the following:

(a) A graphic presentation of the proposed program.

(b) A breakdown of proposed capital outlays by function (e.g., sewers, urban renewal, recreation).

(6) An appendix which shall contain a map of the town showing both existing capital facilities and proposed capital facilities.

§ 12-6 Public hearings.

A. By August 1, the Planning Board shall hold a public hearing on the proposed capital program and budget. The public hearing shall be in the evening in a hall sufficiently large to accommodate all interested citizens. The Planning Board may, at its option, hold more than one hearing.

B. By September 1, following the public hearing on the proposed capital program and budget, the Planning Board shall complete its recommendations and shall submit them to the Supervisor.

§ 12-7 Adoption of capital program and budget.

A. The Supervisor shall review the recommended capital budget and shall prepare a preliminary budget for the ensuing fiscal year, to include the operating budget and the capital budget. The capital budget shall be a separate document from the operating budget.

B. By September 30, the Supervisor shall submit the preliminary budget and the preliminary capital program and budget to the Town Clerk.

C. Prior to October 5, the Town Board shall receive and review the preliminary budget, which includes both the capital and operating budgets for the ensuing fiscal year, and the proposed six-year capital program, and may make adjustments to the budget and program to be presented at public hearing.

D. The Town Clerk shall receive the proposed capital budget and capital program from the Town Board and prepare the public hearing notice before October 10.

E. The Town Board shall hold a public hearing on the capital program and budget, separate from the hearing on the operating budget, not later than the second Thursday in November.

F. Within five days after the public hearing, the Town Board shall adopt the capital program and budget, but may incorporate amendments prior to such adoption, as may be appropriate.