It is the purpose of this chapter to establish,
pursuant to Article 3A of the Town Law, a new department entitled
"Department of Building and Planning" in order to provide effective
and efficient administration and enforcement of laws relating to planning,
zoning, fire safety and prevention, building construction, the environment,
development, master planning and such other areas the Town Board may
deem appropriate in the Town of Malta.
The Department of Building and Planning of the
Town of Malta is hereby established.
The structure of the Department of Building
and Planning is as follows:
A. Department Head. The head of the Department of Building
and Planning shall be known as the Building and Planning Coordinator.
B. Classification. The position of the Building and Planning
Coordinator shall be considered in the unclassified service as the
term is defined by the New York State Civil Service System.
C. Appointment and term of office. The Building and Planning
Coordinator shall be appointed by the Town Board and shall hold office
until the first day of January next succeeding the first biannual
Town election held after their appointment, and thereafter, shall
hold office for the term of two years and until their successor shall
have qualified; provided however, that the appointees to such office
shall be removable at the pleasure of the Town Board. This position
shall be in the unclassified service. The residency requirement for
the office of Building and Planning Coordinator of the Town of Malta
shall be the State of New York.
[Amended 2-4-2002 by L.L. No. 3-2002]
D. Salary. The salary of the Building and Planning Coordinator
shall be determined in the same manner as the salaries of the other
Town officers are established and shall be in accordance with budgetary
guidelines.
E. Duties and authority.
(1) The Building and Planning Coordinator shall be the
principal executive officer of the Department.
(2) The Coordinator shall have the duty to oversee the
enforcement, administration of and compliance with the laws relating
to planning, zoning, fire safety and prevention, building construction,
the environment, development, master planning and such other areas
the Town Board may deem appropriate as set forth in the following,
as amended or may be amended: the Code of the Town of Malta; the Town
Law of the State of New York; the General Municipal Law of the State
of New York; the New York Codes, Rules and Regulations; the New York
State Uniform Fire Prevention and Building Code Act; and other applicable
laws and regulations.
(3) The Building and Planning Coordinator shall be subject
to the supervision and direction of the Town Board and the Town Supervisor.
F. Bureaus within the Department of Building and Planning.
The Department of Building and Planning shall consist of the following
bureaus: Bureau of Building and Zoning Enforcement; and Bureau of
Planning.
The Bureau of Building and Zoning Enforcement
is hereby created and shall consist of a Code Enforcement Officer
and such deputy code enforcement officers and clerks as the Town Board
may appoint. The Code Enforcement Officer, deputies and clerks shall
be subject to the supervision and direction of the Building and Planning
Coordinator. The Bureau of Building and Zoning Enforcement shall oversee
the enforcement, administration of and compliance with the laws relating
to building construction and fire safety and prevention as set forth
in the Code of the Town of Malta, as amended or may be amended; the
New York State Uniform Fire Prevention and Building Code Act, as amended
or may be amended; and other applicable laws and regulations relating
to building construction and fire safety and prevention. Additionally,
the Bureau of Building and Zoning Enforcement shall oversee the enforcement,
administration of and compliance with the laws relating to zoning
as set forth in the Code of the Town of Malta, as amended or may be
amended, and other applicable laws and regulations relating to zoning.
The Bureau of Planning is hereby created and
shall consist of a Planner and such clerks as the Town Board may appoint.
The Planner and clerks shall be subject to the supervision and direction
of the Building and Planning Coordinator. The primary purpose of the
Bureau of Planning shall be to oversee the administration of and compliance
with the laws relating to planning as set forth in the Code of the
Town of Malta, as amended or may be amended, the Town Master Plan
and other applicable laws and regulations.
The Building Department is hereby reconstituted
as part of the Department of Building and Planning; Bureau of Building
and Zoning Enforcement.
The Code Enforcement Officers, Zoning Enforcement
Officers, deputies and clerks thereto shall be appointed by the Town
Board on the basis of Civil Service classification, including competitive
examination where appropriate, and shall not be removed except in
accordance with the Civil Service Law of the State of New York.
[Added 1-8-2018 by L.L.
No. 2-2018]
Town of Malta Code Enforcement Officers must reside within the
Town of Malta or within the County of Saratoga or a contiguous county.