Town of Huntington, NY Chapter 25 Engineering Services, Department of

[[1]HISTORY: Adopted by the Town Board of the Town of Huntington 7-13-1965 by L.L. No. 1-1965 (Ch. 16 of the 1969 Code of the Town of Huntington); amended in its entirety 9-14-1982 by L.L. No. 11-1982. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 87.

[1] Editor's Note: The title of Ch. 25, formerly "Engineering, Building and Housing, Department of," was amended 3-9-1993 by L.L. No. 5-1993 to read "Engineering Services, Department of."

§ 25-1 Word usage; definitions.

A. Word usage. Whenever used in this chapter, words used in the singular include the plural and vice versa.

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

[Amended 3-9-1993 by L.L. No. 5-1993]

DEPARTMENT

The Town of Huntington Department of Engineering Services, which shall perform a major function of town government.

DEPUTY DIRECTOR

The Deputy Director of the Town of Huntington Department of Engineering Services, who in the absence of the Director shall act generally for and in place of the Director.

DIRECTOR

The Director of Engineering Services, and he shall be the chief executive officer of the Department.

TOWN ENGINEER

The Town Engineer of the Town of Huntington, as defined in the Town Law, who shall be the head of the Division of Engineering of the Town of Huntington Department of Engineering Services.

§ 25-2 Establishment of Department.

A. There shall be in the Town of Huntington a Department of Engineering Services. The principal executive officer and administrative head of such Department shall be the Director, who shall be appointed by the Town Board for the term fixed by law, at such salary as may from time to time be fixed by the said Town Board. The Director shall be appointed on the basis of administrative experience and qualifications for the duties of such office and such additional standards as may be required by the Town Board. The Director shall be the head of the Department, with power and authority to appoint and remove officers and employees under the Department's jurisdiction in accordance with the Civil Service Law and other applicable laws, except the appointment and removal of the Deputy Director and the Town Engineer, who shall be appointed and removed by the Town Board.

[Amended 3-9-1993 by L.L. No. 5-1993]

B. The Deputy Director shall generally act for and in behalf of the Director and shall perform such duties as are vested in and imposed upon that office by the provisions of this chapter, by statute or by other lawful authority.

§ 25-3 Organization.

A. The Director shall have such powers as shall be necessary for the proper administration of the Department consistent with applicable provisions of law.

B. The Department shall be divided into the following Divisions:

(1) Division of Engineering.

(2) Division of Building and Housing.[1]

[1] Editor's Note: Former Subsection B(3), Division of Traffic Safety and Transportation Planning, added 3-9-1993 by L.L. No. 5-1993, which immediately followed this subsection, was repealed 12-4-2007 by L.L. No. 42-2007.

§ 25-4 Powers and duties.

A. Each Division shall be under the administration, direction and control of the Director and shall be supervised by a Deputy Director. The Director may, with approval of the Town Board, establish, consolidate or abolish any divisions or subdivisions now existing or hereafter created in the Department.

[Amended 7-7-2009 by L.L. No. 9-2009]

B. The Divisions of the Department shall have the following powers and responsibilities:

(1) Division of Engineering.

(a) Planning, designing and inspecting the construction and alteration of town buildings, structures, equipment, works and improvements.

(b) Providing consultation, investigation, evaluation, planning, design and other professional engineering services for town departments and officials.

(c) Making and preserving surveys, maps, plans, estimates and drawings relating to streets, highways, parks, public grounds and other town projects, buildings and structures.

(d) Providing consultation, administration, application and inspection services, as required, with respect to laws of the State of New York and the local laws, ordinances and codes of the Town of Huntington.

[Amended 8-23-1988 by L.L. No. 1-1988; 3-9-1993 by L.L. No. 5-1993]

(e) Providing professional engineering services for those special improvement districts which do not have separate commissioners.

[Amended 8-23-1988 by L.L. No. 1-1988]

(f) Acting as administrator of the Dix Hills Water District.

(g) Reviewing plans for major improvements or expansion of special improvement districts.

[Amended 8-23-1988 by L.L. No. 1-1988]

(h) Engineering review of all applications for the development or use of land, including but not limited to, site development and improvement, subdivisions, grade limitations, drainage, site distances, and other engineering assessments.

[Added 7-7-2009 by L.L. No. 9-2009[1]]

[1] Editor’s Note: This local law also redesignated former Subsection B(1)(h) as Subsection B(1)(i).

(i) Performing other duties as may be conferred or imposed upon it by any other general or local law.

[Amended 8-23-1988 by L.L. No. 1-1988]

(2) Division of Building and Housing.

[Amended 6-6-1989 by L.L. No. 4-1989; 3-9-1993 by L.L. No. 5-1993]

(a) Administering and applying the laws of the State of New York, local laws, ordinances and codes of the Town of Huntington pertaining to building, construction, alteration, repair and maintenance.[2]

[2] Editor's Note: Former Subsection B(3), Division of Traffic Safety and Transportation Planning, added 3-9-1993 by L.L. No. 5-1993, which immediately followed this subsection, was repealed 12-4-2007 by L.L. No. 42-2007.

C. In addition to the authority vested in the Director of Engineering Services, such Director shall have all the powers and authority vested in the Town Engineer, the Town Building Inspector and Chief Building Inspector, for the purpose of enforcing the Code of the Town of Huntington and other applicable rule or law.

[Amended 12-4-2007 by L.L. No. 42-2007]

§ 25-5 Effect on powers of Supervisor.

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 the Supervisor.

§ 25-6 Fees.

[Amended 3-9-1993 by L.L. No. 5-1993]

The Director may establish, subject to Town Board approval, a schedule of fees to be collected for services rendered in connection with the work of the Department and which the Director deems it necessary to charge and collect a fee therefor.

§ 25-7 Severability.

If any section, provision or part thereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.

§ 25-8 When effective.

This chapter shall be effective when the appropriate certified copies are filed with the Secretary of State of the State of New York.