TOWN OF WESTHAMPTON ZONING BY-LAWS

TOWN OF WESTHAMPTON GENERAL BY-LAWS

Article I-Town Meetings
Section 1 Organization and Procedure
1-1-1 The annual election of town officers shall be held on the first Saturday in June of each year and the annual meeting for the transaction of other business shall be held on the second Saturday in May.
Section 2 Polling Hours
1-2-1 The hours of voting in town shall be determined by the Selectboard, but the polls shall be open for at least four hours.
Section 3 Warrants
1-3-1 Notice of every annual town meeting shall be given by posting an attested copy of the warrant calling the meeting on the front of the Town Hall at least seven days prior to such meeting. Special town meeting warrants shall be posted in the same manner at least fourteen days prior to such meeting.
Section 4 Voting on Motions at Town Meetings
1-4-1 All votes on motions shall be taken by a show of hands or voice vote unless a request from the floor calls for vote by secret ballot. When a question is to be determined by secret ballot, every person intending to vote shall have his or her name checked by the checklist of the registrars of voters before depositing the ballot in the receptacle provided.
1-4-1a. When a two-thirds vote is required by statute, the Moderator may declare the vote to be a two-thirds vote without a count, provided, however, that if the vote is immediately questioned, a count shall be taken.
1-4-2 Motions shall be presented in writing upon the request of the moderator. All questions asked shall be through the moderator.
1-4-3 No motion, the effect of which would be to dissolve the meeting, shall be in order until all articles in the warrant have been acted upon, but this shall not preclude the postponement of the meeting at a stated time.
Section 5 Limitations on Speakers
1-5-1 No person shall address the meeting unless recognized by the moderator, nor speak more than once on the same subject to the exclusion of any other who may desire to speak.
Section 6 Quorum
1-6-1 A quorum for the transaction of business at any annual or special town meeting shall consist of at least 15 voters.
Section 7 Moderator
1-7-1 A moderator shall be elected in accordance with Article 2.
1-7-2 The moderator shall appoint all committees established by the town meeting unless the meeting otherwise directs. He may direct that only voters be admitted to the place of meeting or to a definite portion thereof.
1-7-3 The moderator shall be guided by "Town Meeting Time” for all parliamentary procedures.

Article 2
Section 1 Officers to be Elected
2-1-1 The officers to be elected on the official ballot at the annual town election shall include: a moderator, elected for a term of one year; a town clerk, elected for a term of three years; a tax collector, elected for a term of three years; a town treasurer, elected for a term of three years; a tree warden, elected for a term of one year; an auditor, elected for a term of one year.
Section 2 Town Clerk: Duties
2-2-1 The town clerk shall keep and cause to be permanently bound one or more files of the town reports and recover one copy of each past year that is possible. He shall notify all persons chosen or elected by the town or appointed on committees of their election, choice, or appointment. He shall furnish all boards and committees with a copy of all votes affecting them. He shall not allow original papers or documents of the town to be taken from his office except as they remain in his custody or by authority of the law.
2-2-2 The Town Clerk shall furnish the various town officers and committees a copy of such action of the town as affects them within three days of the meeting.
Section 3 Tax Collector: Duties
2-3-1 The Tax Collector shall collect, under the title Town Collector, all accounts due to the town.

Article 3-Elected Town Boards
Section 1 Boards to be Elected
3-1-1 The boards, commissions, and committees to be elected on the official ballot at the annual town election shall be:
(a) a Selectboard of three members, elected for overlapping three-year terms:
(b) a Finance Committee of ten members, elected for overlapping three-year terms:
(c) a Board of Health of three members, elected for overlapping three-year terms, in accordance with Sect. 23 of M.G.L. Chapter 41:
(d) a Board of Assessors of three members, elected for overlapping three year terms:
(e) a Recreation Commission of three members, elected for overlapping three year terms:
(f) a School Committee of three members, elected for overlapping three year terms:
(g) a Planning Board of five members, elected for overlapping three year terms:
one or more members of the Hampshire Regional School Committee, for a term of three years, as Westhampton's enrollment dictates:
three Constables, one each for the North, Center and South Districts of the town, elected for overlapping three year terms:
a Board of Library Trustees of six members elected for overlapping terms of three years, in accordance with Sects. 7 and 8 of M.G.L. Chap. 78:
a Hampshire County Commissioner for a two year term:,
Section 2 Recreation Commission: Duties
3-2-1 The Recreation Commission shall develop and improve the recreational facilities of the town, and shall be responsible for the operation of the Westhampton Recreation Center.
Section 3 Vacancies
3-3-1 A vacancy arising in the Selectboard shall be filled by special election, in accordance with the provisions of general law.
3-3-2 Vacancies arising in other boards established under this article shall be filled by the Selectboard together with the remaining members of the respective boards, in accordance with the provisions of general law.
Section 4 Notice of Meetings
3-4-1 All town boards, commissions, and committees shall notify the Town Clerk of their organization and of the time of their regular meetings.

Article 4-The Selectboard
Section 1 Election
4-1-1 The Board of Selectmen shall be elected in accordance with Article 3.
Section 2 Board to Represent Town
4-2-1 The Selectboard may appear either personally or by the town counsel, or by special counsel before any court, or any state or county board or commission to protect the interests of the town, but are not authorized by these by-laws to commit the town to any course of action.
Section 3 Policy Leadership
4-3-1 The Selectboard shall have the general direction and management of the property and affairs of the town in all matters not otherwise provided for by law or by these by-laws.
Section 4 Board to be Custodians of Town Deeds
4-4-1 The Selectboard shall be the custodian of all deeds, bonds, and insurance policies belonging to the town.
Section 5 Power of Appointment
4-5-1 The Selectboard shall annually appoint: a Town Counsel; a Superintendent of Streets; a Fire Chief; a Police Chief; Registrars of Voters; Election Officers; a Trench Permitting Authority; all inspectors; and all such other appointed officers and employees of the town for whom no other appointive authority is provided by general law or by-law.
4-5-2 The Board of Selectmen shall also appoint:
(a) Five members and three associate members of a Zoning Board of Appeals in accordance with M.G.L. Chap. 40A
(b) a Historical Commission of five members for overlapping terms of three years, in accordance with Sect. 80 of M.G.L. Chap. 40;
(c) a Conservation Commission of five members for overlapping terms of three years, in accordance with Sect. 8C of M.G.L. Chap. 40;
(d) a Council on Aging of seven members for overlapping terms of three years, in accordance with Sect. 88 of M.G.L. Chap. 40;
(e) an Insurance Committee of five members, appointed for overlapping terms of three years, which shall be expected to make budget recommendations.
(f) an Agriculture Commission of seven members, appointed for overlapping terms of three years, to represent the Westhampton farming and forestry communities.
Section 6 Board to Act as Trustees
4-6-1 The Board shall be authorized to act as trustees, on behalf of the town, to administer the Whiting Street bequest.

Article 5-The Finance Committee
Section I Composition
5-1-1 A Finance Committee of ten members shall be elected in accordance with Article 3.
5-1-2 Members of the committee shall serve without compensation.
Section 2 Powers
5-2-1 The Finance Committee shall be the principal budget making and fiscal management advisory board of the town.
5-2-2 The committee shall have the power to consider matters relating to the appropriation, the borrowing, and the expenditure of money by the town, its indebtedness, the methods of administration of its various officers and departments, property valuation and assessments, and other town affairs, and may make recommendations to the town, to any board, officer or committee relative to such matters.
Section 3 The Budget Process
5-3-1 On or before January 15 of each year, town officers, boards, commissions and committees planning to request appropriations from the town meeting shall prepare detailed estimates of the amounts deemed by them to be necessary for the administration of their respective offices for the ensuing fiscal year.
5-3-2 The committee shall duly consider said estimates and may confer with said officers, boards, commissions and committees, and may hold a public hearing, if deemed desirable.
5-3-3 After further deliberation, the committee shall issue its recommendations to the town meeting to either approve or disapprove the amounts requested, in whole or in part, for all officers, boards, commissions and committees of the town.
5-3-4 The committee shall issue a report detailing the matters it has considered and include the recommendations or suggestions relative to the departmental requests.
5-3-5 The report shall be published and distributed at least three days before the business session of the annual town meeting. This report shall also contain a statement of the doings of the committee during the year and may include recommendations on any matter pertaining to the welfare of the town.
5-3-6 The committee shall also consider the proposed fiscal requests of all officers, boards, commissions and committees to be made at any special town meeting. The committee shall make a report on all said requests and issue recommendations relative thereto. Said report shall be published or distributed at least three days before any special meeting.
5-3-7 Any proposed article for any town meeting which anticipates an expenditure of town funds shall be referred to the finance committee at least 15 days before the posting of the warrant. The finance committee shall consider all such articles and shall issue its recommendations to the town meeting to approve or disapprove in whole or in part of the proposed expenditure and shall notify the board, officer, committee or individual (s), which submitted the request.
5-3-8 When an expenditure or appropriation is sought by a department under the control of the Selectboard, the proposal for such expenditure or appropriation shall be submitted to the Finance Committee by the Selectboard.
Section 4 Other Fiscal Matters
5-4-1 The Town shall establish and maintain a revolving fund for the payment of police officers employed in off-duty work, in accordance with Sect. 53C of M.G.L. Chap. 44.
5-4-2 The Town shall annually set aside one percent of the town's total payroll in anticipation of having to pay the unemployment benefits of town employees, in accordance with M.G.L. Chap. 151A.
5-4-3 The assessors shall grant elderly persons the appropriate real estate tax exemptions, as provided by Sect. 5 of M.G.L. Chap. 59.

Article 6-Town Employees
Section I Appointive Authority
6-1-1 The Selectboard shall appoint all town employees.
Section 2 Group Life Insurance
6-2-1 The Town shall pay a subsidiary or additional amount in addition to 50 percent of the premium of group life and health insurance of town employees, in accordance with Sec. 7A of M.G.L., Chap. 32B.
Section 3 Damage to Vehicles
6-3-1 The Selectboard is authorized to pay for damages to police officers’ and firemen’s vehicles damaged while in the line of duty, the total amount not to exceed the deductible amount, and not to exceed $200.
6-3-2 The Town shall compensate any person for damage to men or equipment while rendering aid at a fire, in accordance with Sect. 59 of M.G.L. Chap. 48.

Article 7-Miscellaneous Provisions
Section 1 Town Caucus
7-1-1 The Town Caucus for the nomination of officers shall be held on the last Monday in April.
Section 2 Contracts
7-2-1 No contract, involving an obligation of the town, exceeding fifty dollars shall be made at any time, except by vote of the committee or board thereunto duly authorized having supervision of the department to which the same relates. Such vote shall be recorded and such records shall be open to inspection.
7-2-2 The Town accepts Chapter 687 of the Acts of 1989 M. G. L. Chapter 30B, the so-called Uniform Procurement Act.
Section 3 Parking on Public Streets
7-3-1 The Chief of Police may cause illegally parked vehicles to be towed away, in accordance with Sect. 20A2 of M.G.L. Chap. 90.
Section 4 Snow Removal and Other Highway Maintenance Operations
7-4-1 The Superintendent of Streets, or any other officer having charge of the ways of the Town, shall have the authority for the purpose of removing snow and ice or repairing any way in the Town, to remove or cause to be removed to some convenient place any vehicle or obstruction interfering with such work. The cost of removal, disposition, and storage of any vehicle or obstruction from a Town right of way, shall be paid by the owner before such vehicle or obstruction is released to them. The schedule of such costs is to be fixed from time to time by the Selectboard. No vehicle or obstruction will be removed under this ordinance if the owner or person in charge has contacted town officials explaining the situation and expressed the intention of immediately removing said vehicle or obstruction.
7-4-2 It shall be unlawful for any person to place, or have placed in the street or roadway any snow or ice being removed from driveways or other portions of the property. The property owner or tenant shall be held responsible for any such snow or ice found in the street or roadway and shall be subject to a fine of $50.00 for each offense plus any costs or prosecution.
7-4-3 It shall be unlawful for any person to place, or have placed, any leaves, brush, excavation material, or debris of any kind, in any public rights of way, which includes roadways, shoulders, ditches, culverts, bridges and or any public property. Any person guilty of such offenses shall be subject to a fine of $50.00 for each offense plus any costs of prosecution.
Section 5 Annual Report
7-5-1 An annual report shall be printed and distributed for the use of the inhabitants of the Town.
Section 6 Land for Recreational Purposes
7-6-1 It is a policy of the Town that town boards should pursue a policy of town owned and town regulated land for recreational purposes.
Section 7 Logging Operations Adjacent to Public Right of Way
7-7-1 Any landowner, or logging contractor, working on property adjacent to a public right of way shall comply with the following rules.
There shall be no cutting of trees on the right of way without permission from the Tree Warden. No landings shall be on the streets or roadways and all trucks shall stand on private property while loading or unloading logs, wood, or equipment. No skidders, bulldozers, or other log dragging equipment are to be operated on streets and roadways; except rubber tired equipment, with grouzered tire chains removed, which are being moved to or from an operation site. Access roads and driveways are to be maintained in a firm condition so not to damage streets or roadways, shoulders, or ditches. Pipes shall be used wherever needed to cross ditches or waterways.
All State laws governing timber practices, including Chapters 48 and 132 will be observed and enforced.
A fine of $50.00 plus all repair and prosecution costs will be levied against the offender for each offense.
Section 7 Mandatory Recycling By-Law
7-7-2 There is hereby established a program for the mandatory separation of certain recyclable material from all other rubbish by all residents of the town in order to extend the life of our landfill.
GENERAL
1. Beginning one week after the Material Recovery Facility commences operation, no dumping of rubbish will be allowed at Westhampton Landfill unless in accordance with the following regulations of this by-law.
2. Separate household rubbish into the following categories before depositing
A. Glass, aluminum and other metal items, except containers that contained paint, or petroleum based material, and pressurized aerosol cans.
B. Paper & Cardboard
C. Other Rubbish
3. Recyclables shall not be placed in the same container or otherwise mixed with other forms of rubbish for collection removal or disposal.
Section 8 Operation of Heavy Equipment on Public Streets or Roadways
7-8-1 No bulldozers or other equipment with metal cleats or grouzers shall be operated on public streets or roadways, except that equipment which is being used in the construction or maintenance of said roads.
Whenever it shall be necessary for these pieces of equipment to cross public streets or roadways, any measures necessary to protect road surfaces shall be carefully followed.
A $50.00 fine plus all repair and prosecution costs will be levied the offender for each such offense.
Section 9 Dog Regulations
7-9-1 Any owner of a dog who fails to pay the required licensing fees as set forth in the Massachusetts General Laws, Chapter 140, on or before June 1 of any year, shall, prior to the issuance of any license pay a penalty fee established by the Selectboard, not to exceed $50.00, in addition to all other licensing fees due. This penalty shall not apply to any person who during the licensing period became the owner or keeper of a dog that becomes three (3) months old during the licensing period, provided the licensing fee is paid within thirty (30) days of such event.
Section 10 Repeal
7-10-1 All General By-Laws, with the exception of the Zoning By-Law are repealed as of the date these General By-Laws take effect.
Section 11 Building Numbering
7-11-1 That the Town Clerk is authorized to assign street numbers to all buildings located within the Town. Numbers shall be affixed by the owner at the end of the driveway of said structure. Numbers shall be 4” or larger, of a reflective material, and kept visible from both directions.
Section 12 Unregistered Automobiles and Trucks
7-12-1 The keeping of more than one unregistered automobile or truck, assembled or disassembled, except by a person permitted under State Law, on any premises shall not be permitted unless the said automobiles or trucks are stored within an enclosed building or otherwise out of sight of all abutters and public ways.
A permit to keep more than one unregistered automobile on any premises not within an enclosed building or otherwise out of sight of all abutters and public ways may be granted by the Selectboard, if it finds that such keeping (1) is in harmony with the general purposes and intent of this by-law; (2) will not adversely affect the neighborhood; and (3) will not be a nuisance.
All such permits granted shall limit the number of unregistered automobiles and trucks to be kept on the premises by the permit holder, shall not run with the land and shall be limited to a reasonable length of time.
This article shall not apply to motor vehicles which are designed and used for farming, or to motor vehicles which are used on a seasonal basis for business or recreational purposes.
An application for a permit may be made at any regularly scheduled Selectboard meeting, and must be accepted or rejected on or before the fifth meeting after the application is submitted. The Selectboard must notify all abutters of any such application. The Selectboard may set a fee for such an application.
Whoever violates any provisions of this Section of the By-law shall be liable to a penalty of five dollars ($5.00) per day for each day of violation, commencing ten days following receipt of written notice from the Selectboard.
Section 13 Swimming Pools General Safety Requirement
Any accessory below-ground swimming pool shall be completely enclosed by a fence at least four (4) feet in height, having a self-closing gate with a latch.
Whoever violates any provisions of this Section of the By-Law shall be liable to a penalty of $10.00 per day for each day of violation, commencing ten days following receipt of written notice from the Selectboard.
Section 14 Non-Criminal Ticketing
7-14-1 Whoever violates any provisions of these by-laws, the violation of which is subject to a specific penalty, may be penalized by a non-criminal disposition as provided in Mass. General Laws, Chapter 40,Section 21D. The non-criminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty.
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following by-laws and sections of by-laws are to be included within the scope of this subsection, that the specific penalties as listed here shall apply in such cases and that in addition to police officers who in all cases shall be considered enforcing persons for the purpose of this provision, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections; each day on which any violation exists shall be deemed to be a separate offense.
7-14-2 Zoning By-Laws enforced by the Building Inspector. Fine 100.00
7-14-3 General ByLaws:
Article 7: Section 3: Parking on Public Streets
7-3-1 Illegally parked vehicles 15.00
Section 4: Snow Removal and other Highway Maintenance operations
7-4-1 Removal of Vehicles (Highway Superintendent) cost of removal
7-4-2 Snow Plowed into street (Highway Superintendent) 50.00
7-4-3 Debris on right of way (Highway Superintendent) 50.00
Section 7 Logging Operations Adjacent to Public Right of Way
7-7-1 Logging (Tree Warden) 50.00
Section 8 Operation of Heavy Equipment on Public Streets or Roadways
7-8-1 Heavy Equipment (Highway Superintendent) 50. 00
Section 9 Dog Regulations
7-9-1 Licensing (Selectboard, Dog Officer) 50. 00
Section 12 Unregistered Automobiles and Trucks
7-12-1 Unregistered Vehicles (Selectboard) 5.00
Section 13 Swimming Pools General Safety Requirement 50. 00
Section 15: Deny Permits/Licenses for Non-Payment of Taxes
7-15-1 The Town may deny any application for, or revoke or suspend any local license or permits, including renewals and transfers, issued by any board, officer, or department for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments, or any other municipal charges. This Bylaw shall be in accordance with the provisions of Mass. General Laws, Chapter 40, Section 57, the terms of which are expressly included as if fully set out herein, having been adopted by the Town on March 27, 2000.
Section 16: Right to Farm Bylaw
7-16-1 Section 1 Legislative Purpose and Intent
The purpose and intent of this By-law is to state with emphasis the Right to Farm accorded to all citizens of the Commonwealth under Article 97, of the Constitution, and all state statutes and regulations thereunder including but not limited to Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128 Section 1A. We the citizens of Westhampton restate and republish these rights pursuant to the Town’s authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution, (“Home Rule Amendment”).
This General By-law encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Westhampton by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies. This By-law shall apply to all jurisdictional areas within the Town.
7-16-2 Section 2 Definitions
The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto. The words "farming" or “agriculture" or their derivatives shall include, but not be limited to the following:
• farming in all its branches and the cultivation and tillage of the soil;
• dairying;
• production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities;
• growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations;
• raising of livestock including horses;
• keeping of horses as a commercial and or recreational enterprise; and
• keeping and raising of poultry, swine, cattle, ratites (such as emus, ostriches and rheas) and camelids (such as llamas and camels), and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals.
“Farming” shall encompass activities including, but not limited to, the following:
• operation and transportation of wide, slow-moving farm equipment over roads
within the Town;
• control of pests, including, but not limited to, insects , weeds, predators and disease organism of plants and animals;
• application of manure, fertilizers and pesticides;
• conducting agriculture-related educational and farm-based recreational activities, including agri-tourism, provided that the activities are related to marketing the agricultural output or services of the farm;
• processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto;
• maintenance, repair, or storage of seasonal equipment, or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing, management, or sale of the agricultural products; and
• on-farm relocation of earth and the clearing of ground for farming operations.
7-16-3 Section 3 Right To Farm Declaration
The Right to Farm is hereby recognized to exist within the Town of Westhampton. The above-described agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The benefits and protections of this By-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right To Farm By-law shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law.
7-16-4 Section 4 Disclosure Notification
At the time a municipal lien certificate is issued, the Town will inform the buyer:
“It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include, but are not limited to, activities that cause noise, dust and odors, for example, manure on roadways, noise associated with forestry equipment such as sawmills or chainsaws, and stray livestock. Buyers or occupants are also informed that the location of property within the Town may be impacted by commercial agricultural operations including the ability to use water services for such property under certain circumstances.”
A copy of this disclosure notification shall be provided by the Town to landowners each fiscal year by mail.
7-16-5 Section 5 Resolution of Disputes
Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Selectboard, the Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the grievance. The filing of the grievance does not suspend the time within which to pursue any other available remedies that the aggrieved may have. The Zoning Enforcement Officer or Select Board may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring Town authority within an agreed upon time frame. The Board of Health, except in cases of imminent danger or public health risk, may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health within an agreed upon time frame.
7-16-6 Section 6 Severability Clause
If any part of this By-law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this By-law. The Town of Westhampton hereby declares the provisions of this By-law to be severable.

Article 8 -Capital Improvement Planning Committee
Section 1 Committee
8-1-1 The Westhampton Selectboard shall establish and appoint a committee to be known as the Capital Improvement Planning Committee, composed of five members who shall be residents of the Town of Westhampton and appointed annually as follows: The Selectmen shall appoint three members at large. The Finance Committee and Selectboard shall each select one of their members for appointment. Any vacancy shall be appointed by the Selectboard or the appropriate board for the remainder of the term. The Committee shall choose its own officers.
Section 2. Duties
8-2-1 The Committee shall develop a list of Town assets, and study proposed capital projects and improvements involving major non-recurring tangible assets and projects which:
1) have a useful life of at least five years; and
2) cost over $10,000.
8-2-2 All department heads, boards and commissioners, including the Selectmen, shall, by December 1st of each year, give to the Committee, on forms prepared by it, information concerning all anticipated projects requiring Town Meeting action during the ensuing six years. The Committee shall consider the relative need, impact, timing, cost, completeness of the plan, community support, availability of outside funding, and other factors deemed appropriate to the individual expenditures and the effect each will have on the financial position of the Town.
Section 3. Annual Report
8-3-1 The Committee shall by February 1st prepare an annual report recommending a Capital Improvement Budget for the next fiscal year, and a Capital Improvement Program including recommended capital improvements for the following five fiscal years. Said report shall include its recommendations for the scheduling and financing of capital outlays. The report shall be submitted to the Board of Selectmen and Finance Committee for consideration and agreement.
Section 4. Capital Improvement Program
8-4-1 The Selectboard shall submit the approved Capital Budget/Program to the Annual Town Meeting for adoption by the town. After adoption, the Capital Program shall permit the expenditure on projects included therein of sums from departmental budgets for surveys, architectural or engineering advice, options or appraisals; but no such expenditure shall be incurred on projects which have not been so approved by the town through the appropriation of sums in the current year or in prior years, or for preliminary planning for projects to be undertaken more than five years in the future.
Section 5. Publication
8-5-1 The Committee's report and the Selectboard's recommended Capital Budget shall be published and made available at Annual Town Meeting. The Committee shall file its original report with the Town Clerk.