[HISTORY: Adopted by the Town Board of the
Town of Islip 4-8-1997 by L.L. No. 3-1997.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 39A, Planning, Department of, adopted 2-6-1990 by L.L.
No. 1-1990.
This local law shall be known as the "Town of
Islip Department of Planning and Development Law."
A.Â
Word usage. Whenever used in local law, words used
in the singular include the plural and vice versa.
B.Â
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER(S)
Definitions. As used in this local law, the following
terms shall have the meanings indicated:
The Commissioner of Planning and Development, Chief Executive
officer of the Department.
The Town of Islip Department of Planning and Development,
which shall perform a major function of Town government.
The Deputy Commissioner(s) of the Town of Islip Department
of Planning and Development, who shall act generally for and in place
of the Commissioner.
A.Â
There shall be in the Town of Islip a Department of
Planning and Development. The principal executive officer and administrative
head of such Department shall be the Commissioner of Planning and
Development who shall be appointed by the Town Board for the term
fixed by law at such a salary as may from time to time be fixed by
said Town Board. The Commissioner of Planning and Development shall
be appointed on the basis of his administrative experience and qualifications
for the duties of such office and such additional standards as may
be required by the Town Board. He shall be the executive secretary
of any advisory board or commission assigned to his jurisdiction by
the Town Board. The Commissioner shall be the head of the Department
with power and authority to appoint and remove officers and employees
under his jurisdiction in accordance with Civil Service Law and other
applicable laws.
B.Â
The Commissioner is empowered herein to appoint two
Deputy Commissioners who shall generally act for and in his behalf
and who shall perform such duties as are vested in and imposed upon
that office by the provisions of this local law, by statute or other
lawful authority. There may be designated a Deputy Commissioner of
Planning who shall have administrative jurisdiction of the Divisions
of Planning and Economic Development. There may also be designated
a Deputy Commissioner of Development who shall have administrative
jurisdiction of the Divisions of Building and Engineering. Both Deputy
Commissioners shall report directly to the Commissioner of Planning
and Development. In the absence of the Commissioner, the Deputy Commissioner
of Planning shall act as the chief executive officer of the Department.
In the absence of the Commissioner and Deputy Commissioner of Planning,
the Deputy Commissioner of Development shall act as the chief executive
officer of the Department. The Commissioner shall be authorized to
modify the divisions assignments and the responsibilities of the Deputy
Commissioners as he shall deem necessary.
[Amended 1-15-2013 by L.L. No. 4-2013]
C.Â
The Commissioner or his deputy(s) may also serve as
a division head within the Department.
A.Â
The Commissioner shall have such powers as shall be
necessary for the proper administration of the Department consistent
with applicable provisions of law.
A.Â
The powers and duties of such Divisions shall be under
the administration, direction and control of the Commissioner, and
each of said Divisions shall be supervised by a division head who
shall be designated as division director.
[Amended 6-8-2010]
B.Â
The Commissioner may, with the approval of the Town
Board, establish, consolidate or abolish any Divisions now existing
or hereafter created in said Department and establish, consolidate
or abolish any bureau or subdivisions now existing or hereafter created
in any such Division.
C.Â
The powers and duties of individual Divisions shall
be as follows:
(1)Â
Division of Building. Its powers and duties are to
administer, supervise, manage, coordinate and enforce the zoning laws
and applicable local laws, ordinances, rules and regulations of the
Town of Islip, the applicable building codes, state and/or local and
applicable laws of the State of New York, as legally required throughout
the properties of the Town of Islip, to review, evaluate, judge and
advise on applications related thereto. The Chief Building Inspector
shall be the director of the Building Division.
[Amended 6-8-2010]
(2)Â
Division of Economic Development. Its powers and duties
are to administer, develop, manage, implement and promote industrial
and business programs serving the interests and welfare of the people
of the Town of Islip.
(3)Â
Division of Engineering and Contracts. Its powers
and duties are to perform the duties of Town Engineer and to have
general charge and supervision of the engineering design of all highways,
roads, streets, sidewalks, bridges, municipal parking areas, drains
and drainage structures of the Town or any of its special districts
and to have general charge and supervision of the engineering design
and construction of Town buildings, parks, grounds and other structures
or improvements in the nature of public works as the Town or any of
its special districts may construct. The division head of the Division
of Engineering and Contracts will be the Town Engineer for the Town
of Islip, who shall be appointed by the Town Board for the term fixed
by law, upon the recommendation of the Commissioner of Planning and
Development.
[Amended 5-28-2008 by L.L. No. 11-2008]
(4)Â
[1]Division of Planning. Its powers and duties are to prepare
and update the Town of Islip Comprehensive Plan, carry out any plans
and programs, including capital programming, and initiate developmental
policy recommendations for the Town Board. In addition, the Division
will perform the duties, studies and supervision as delegated by the
Town Board in order to provide for the orderly growth of the Town
and to achieve the highest and most efficient available levels of
services for its residents. This Division also serves the staff of
the Planning Board and Zoning Board of Appeals and other boards of
commissions assigned to it by the Town Board, as established under
Town Law and will prepare studies, reports and programs, as the Planning
Board may require.
[1]
Editor's Note: Former Subsection C(4), Division of Land Management,
was repealed 1-15-2013 by L.L. No. 4-2013. This local law also provided
for the redesignation of former Subsection C(5) as B(4).
D.Â
The Commissioner, acting by and through any of said
existing or hereafter-named divisions, shall be empowered to perform
such other duties and functions that are prescribed by him in any
law, ordinance or resolution of the Town Board or lawful directive
of any Supervisor. However, the Commissioner may delegate any of his
duties to be performed by a Division Director or an administrative
assistant.
E.Â
Furthermore, the Commissioner is hereby authorized
and empowered, subject to the prior approval of the Town Board, except
that such prior approval will not be required in cases of emergency,
to retain and employ private engineers, architects and consultants,
or firms practicing such profession, for the purposes of:
(1)Â
Preparing designs, plans and estimates of structures
or projects of any type and character.
(2)Â
Rendering assistance and advise in connection with
any project, whether defined or proposed and under the supervision
of the Department of Planning and Development.
(3)Â
Performing such other and necessary services as the
Commissioner may deem necessary in the administration of the Department.
F.Â
Power to erect screening devices.
(1)Â
The Commissioner shall have the power and authority,
with the express approval of the Town Board, to erect, replace, repair
and maintain fences, trees, plantings, shrubbery or other screening
on private property located within the Town of Islip. However, prior
to taking such action, the Commissioner must determine that the following
conditions and procedures have been met:
(a)Â
The owner of the private property has been required
by stipulation or covenant of the Town Board, Planning Board or Zoning
Board of Appeals or by a provision of the Zoning Ordinance of the
Town of Islip to erect such screening on his property.
(b)Â
The owner has failed to comply with the requirements
of said Board or the Zoning Ordinance.
(c)Â
The Town Board has passed a resolution authorizing
the Commissioner to take such appropriate action.
(d)Â
More than 30 days have expired since the owner
of the private property has been served with notice of such pending
action along with a copy of the resolution of the Town Board authorizing
such action. Such notice and resolution shall be sent to the owner
by registered mail.
(2)Â
Upon taking such appropriate action, the Commissioner
shall notify the Town Assessor of the cost of such activity. Any expense
incurred by the Town in erecting, replacing or maintaining such fences,
trees, plantings, shrubbery or other form of screening in or on behalf
of such owner shall be assessed by the Town against the land on which
such screening is located.
All costs and expenses incurred by the Department
or its officers or employees on behalf of a special improvement district
or special Town project shall be charged against such project and
paid from the funds duly appropriated for the purpose of such district
or project.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor, contained
in §§ 29, 52 and 125 of the Town Law of the State of
New York or any other powers which may be lawfully exercised by said
Supervisor.
The Commissioner may establish a schedule of
fees to be collected by him for:
A.Â
The filing in his office or Department of any map
or written instrument required to be so filed.
B.Â
The preparation of any copy of a map or written instrument
filed in his office or Department.
C.Â
Certifying any such map or written instrument.
D.Â
Any other service rendered in connection with the
work of his Department and for which he deems it necessary to charge
and to collect a fee therefor.
If any section, provision or part thereof in
this local law shall be adjudged invalid or unconstitutional by a
court of competent jurisdiction, then such jurisdiction shall not
affect the validity of the local law as a whole, or any section, provision
or part thereof not so adjusted invalid or unconstitutional.
This local law shall be effective 20 days after
the appropriate certified copies are filed with the Secretary of State
of New York.
