[HISTORY: Adopted by the Town Board of the Town of Smithtown 12-11-1984 by L.L. No.
16-1984; amended in its entirety 5-10-1988 by L.L. No.
1-1988. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Conservation Board — See Ch. 21.
Historical Advisory Board — See Ch. 39.
Beaches and parks — See Ch. 101.
Dredging — See Ch. 138.
Environment and coastal quality review — See Ch. 151.
Excavations and regrading — See Ch. 154.
Freshwater wetlands — See Ch. 170.
Shellfish — See Ch. 233.
Trees — See Ch. 285.
Water pollution — See Ch. 315.
It is the intent of the Town Board of the Town of Smithtown
to create a Department of Environment and Waterways to further the
following purposes and objectives:
A.
To assure for all the people of the Town of Smithtown safe, healthful,
productive and aesthetically and culturally pleasing surroundings.
B.
To attain the widest range of beneficial uses of the environment
without degradation, risk to health or safety or other undesirable
consequences.
C.
To preserve important historic, cultural and natural aspects of our
heritage and maintain an environment which supports diversity and
variety of individual choices.
D.
To achieve a balance between population and resource use which will
permit high standards of living and a wide sharing of life amenities
among all the residents of the Town of Smithtown, not only during
this generation but in each succeeding generation.
E.
To protect the people of the Town of Smithtown against such activities
as would tend to impair, damage, destroy or otherwise infringe upon
the natural resources of the Town of Smithtown.
F.
To manage all uses of the wetlands, waterways and shellfish resources
of the Town of Smithtown so as to maintain and, wherever possible,
improve the long-term ecological health and environmental quality
of these resources for the benefit and enjoyment of all the residents
of the Town of Smithtown, not only during this generation but in each
succeeding generation.
G.
To administer and ensure the wise, safe and efficient use of the
wetlands, waterways and related facilities of the Town of Smithtown
for boating, shellfishing and all other appropriate recreational,
educational and commercial pursuits.
There is hereby created, as a separate Department in the Town
of Smithtown, the Department of Environment and Waterways, and there
is hereby established the office of Environment and Waterways Supervisor.
A.
The Department of Environment and Waterways shall have cognizance,
jurisdiction and control over and shall be charged with the protection
of the people of the Town of Smithtown against such activities as
would tend to impair, damage, destroy or otherwise infringe upon the
natural resources and environment of the Town of Smithtown or on their
enjoyment of the present or future people of the Town of Smithtown.
These powers include but are not limited to the sections of the Code
of the Town of Smithtown dealing with pesticides, marine conservation,
waterways (including oil spillage control), shellfish and any other
environmental ordinances which may from time to time be passed by
the Town Board.
B.
The following departments and boards shall consult with the Department
of Environment and Waterways on all matters within their jurisdiction
which may have an ecological impact:
(1)
Sanitation Department.
(2)
Engineering Department.
(3)
Building Department.
(4)
Highway Department.
(5)
Department of Parks and Recreation.
(6)
Town Historian and Historical Advisory Board.
(7)
Conservation Board.
(8)
Planning Board.
(9)
Planning Department.
[Added 3-20-1990 by L.L. No. 5-1990]
(10)
All other boards, councils and committees concerned with environmental
matters that shall be from time to time constituted and approved by
the Town Board.
C.
The Department of Environment and Waterways shall advise the above-mentioned
departments or boards and all of their subdivisions, either on the
initiative of the authorized department head making the request or
on the initiative of the Department of Environment and Waterways,
when and if it is determined that such advice would foster the policy
and purpose of this chapter.
D.
The Department of Environment and Waterways shall be
authorized to render reports, advice and recommendations to the Planning
Board, the Planning Department, the Board of Zoning Appeals, the Board
of Site Plan Review, the Conservation Board and any other Town departments,
boards or council as necessary to implement the policy and purpose
of this chapter with respect to the environment and natural resources
of the Town of Smithtown.
