TOWN OF RIVERHEAD
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 18th day of October, 2022 at 6:00 o’clock p.m. to consider a “Local Law to Override the Tax Levy Limit established by and set forth in General Municipal Law §3-c as follows:
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED BY
AND SET FORTH IN GENERAL MUNICIPAL LAW §3-c
Section 1. Legislative Intent
It is the intent of this Local Law to allow the Town of Riverhead to override the limit on the amount of real property taxes that may be levied by the Town of Riverhead, Suffolk County, New York pursuant to General Municipal Law § 3-c and to allow the Town of Riverhead, Suffolk County, New York to adopt a town budget for town purposes and any other special or improvement districts governed by the town board for the fiscal year 2023 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.
The Town of Riverhead is dependent upon the real property tax to fund town services and the Town does not have the authority to raise sales taxes or income taxes. The non-property tax revenues, sales taxes and New York State Aid to Municipality (“AIM”) payments are subject to market fluctuations and the ability of federal, state and local governments to share revenue with the Town of Riverhead. While the Town of Riverhead has made significant efforts to reduce spending in an effort to avoid piercing the tax levy limit, the decline in revenue and depletion of available fund balance reserves in the general fund, together with the potential increase in costs to provide town services and fund town operations for 2023 will likely require adoption of a budget in excess of the tax levy limit.
Section 2. Authority
This local law adopted pursuant General Municipal Law § 3-c (5) which expressly authorizes a local government’s governing body to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Riverhead, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year 2023 that requires a real property tax levy in excess of the limit established by and set forth in General Municipal Law § 3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, form or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
Dated: Riverhead, New York
October 4, 2022
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK