[Added 2-7-2012 by L.L. No. 16-2012]
[1]
Editor's Note: Former Art. XXXV, Economic Development Advisory
Board, added 12-12-1989 by L.L. No. 1-1990, was repealed 9-16-2003
by L.L. No. 27-2003.
There shall be in the Department of Economic Development and
Planning a Division of Planning and Environment, the head of which
shall be the Planning Director. The Planning Director shall be appointed
by the Commissioner of the Department of Economic Development and
Planning. The Planning Director shall consult with the Planning Commission.
The Division of Planning and Environment shall have the following
powers, duties and responsibilities:
B.
To make recommendations relating to planning functions of municipalities, as provided in § A14-12 of the Suffolk County Administrative Code.
C.
At the request of municipalities within the County, to render planning services for the municipalities, as provided in § A14-13 of the Suffolk County Administrative Code.
D.
To consider certain proposed municipal zoning actions, applications for variances and special permits and subdivision plats as provided in § A14-14 et seq., of the Suffolk County Administrative Code.
E.
To continue the updating of the Suffolk County Official Map.
F.
To advise local, state and federal government on development projects,
plans and activities having environmental impact.
G.
To implement the directives of the Council on Environmental Quality.
H.
To formulate and coordinate all long-range facilities planning among
County departments.
I.
To make recommendations to the Commissioner of the Department of
Economic Development and Planning, the County Legislature and the
County Executive as to what County-owned properties should be dedicated
to the County nature preserve, historic trust, conservation of agricultural
lands, or bird sanctuary, and what properties not owned by the County
should be acquired for environmental, health or open space purposes.
J.
To oversee and manage the Suffolk County Brownfields Program; open
space acquisitions; farmland rights acquisitions and conservation
easements.
L.
To supervise and manage the Suffolk County Shellfish Aquaculture
Leasing Program.
M.
To perform such other responsibilities and duties as may be assigned
by law or by the County Executive or the Commissioner of the Department
of Economic Development and Planning.
There shall be in the Department of Economic Development and
Planning a Division of Real Property Acquisition and Management, the
head of which shall be the Director of Real Estate. He or she shall
be appointed by the Commissioner of the Department of Economic Development
and Planning.
A.
At least one staff member of the Division of Real Property Acquisition
and Management shall be a New York State certified general appraiser
in good standing.
(1)
No officers or employees of the Division of Real Property Acquisition
and Management shall engage in any outside business activity in the
field of real estate, and no officers or employees of the Division
of Real Property Acquisition and Management shall be a party officer.
For the purposes of this section, "party officer" shall mean one who
holds any party position or any party office, whether by election,
appointment or otherwise, including committeemen, and "party" shall
mean any political organization which at the last preceding election
for Governor polled at least 50,000 votes for its candidate for Governor.
These requirements shall apply to all management and civil service
positions consistent with the New York Civil Service Law and any applicable
rules.
(2)
The staff of the Division of Real Property Acquisition and Management
is hereby prohibited from engaging in any outside business activity
in the real estate field, which requirement shall apply to management
exempt as well as positions secured by competitive Civil Service examination,
consistent with the application of Civil Service rules.
B.
In addition to discharging such other functions as may be assigned,
the Director of Real Estate shall maintain current records of all
real property in which the County has any interest and manage all
such property other than that assigned to the Trustees of the College
or Parks, Recreation, and Conservation; property acquired for sewers
as provided in § 272 of the New York County Law; or property
acquired for the County Department of Public Works. Real property
acquired through tax sale shall be under the jurisdiction of the Division
of Real Property Acquisition and Management, and the Division shall
have the responsibility for the repair or demolition of unsafe structures,
ensuring the safety and security of the property, and determining
whether there should be disposal of any property not currently used
for County purposes. Where a determination to dispose of property
has been made, the Director of Real Estate shall forward such report
to the County Executive and the County Legislature with his or her
comments. The Division of Real Property Acquisition and Management
shall also:
(1)
Let all contracts for outside surveys and appraisals, except for
those concerned with highways, bridges, or erosion control works,
and the rental, repair, demolition, or disposal of real property on
behalf of the County.
(2)
Negotiate all leases, lease renewals, licenses, license renewals,
and user agreements for any interest in real property, within appropriations
provided therefor at the request of the County departments, offices,
boards, commissions, Legislators, and the Administrative Judge of
the Supreme Court. Such leases, licenses, and agreements shall be
executed by the Director of Real Estate or his or her designee, on
behalf of the County. No lease, lease renewal, license, license renewal,
or user agreement for any interest in real estate, other than for
executive, legislative, or judicial office space, may be executed
unless such lease, lease renewal, license, license renewal, or user
agreement is authorized by the County Legislature. For the purpose
of this subsection, "executive office space" shall include only that
office space which is necessary for the budgeted functions of the
Office of the County Executive. The Division of Real Property Acquisition
and Management shall prepare a rent survey and fair market analysis
for each proposed lease or lease renewal of space for County use.
(3)
Prepare title abstracts and prepare in-house appraisals or in-house
review appraisals for lands to be acquired by the County or of lands
actually acquired by the County.
(4)
Perform such other duties as may be assigned by the County Executive,
the County Legislature, or the Commissioner of the Department of Economic
Development and Planning.
C.
In the performance of its functions, duly designated employees of
the Division shall also have the power and duty to enter upon any
real property for the purpose of inspection, making surveys, examinations,
investigations, preparing maps and for such other purposes as may
be necessary in the performance of its duties under the Suffolk County
Charter and Code or the New York Eminent Domain Procedure Law.
D.
In the event consideration is given to an application affecting an
interest in real property for which the County of Suffolk has been
authorized to commence a process for the acquisition thereof, which
application is for a special permit, variance, municipal zoning, or
subdivision plat, the contract of sale for such acquisition shall
contain a provision that no such acquisition shall be consummated
nor payment made for such acquisition unless the application for the
special permit, variance, municipal zoning, or subdivision plat which
is the subject of the application has been approved.
E.
There shall be within the Division of Real Property Acquisition and
Management a pool of at least 10 qualified title insurance companies,
which companies shall be designated by the Director of Real Estate
of the Division of Real Property Acquisition and Management with the
approval of the County Legislature by duly enacted resolution. Such
information as may be reasonably necessary to evaluate the title insurance
companies, including but not limited to certifications and licenses,
shall be included with the resolution submitted for approval. Designation
and approval of the pool of qualified title insurance companies by
the County Legislature shall occur no less frequently than every three
years.
[Amended 7-30-2013 by L.L. No. 35-2013]
(1)
At a minimum, any title insurance company must be qualified as a
New York licensed title insurance company and must maintain such license
in good standing for so long as it is involved in County real estate
transactions. Proof of such license and certifications shall be submitted
to the Director of Real Estate of the Division of Real Property Acquisition
and Management on or before December 31 of each year. Further, any
title insurance company in the pool must disclose to the Division
of Real Property Acquisition and Management the organization of the
company (i.e., sole proprietorship, partnership, corporation, limited-liability
corporation, etc.), the identity of licensed agents who have the capacity
to bind the company, and any other information relevant to the company
or underwriter operations. No company utilizing the services of an
agent or underwriter with a record of a felony conviction within the
preceding 10 years shall be eligible to be enrolled in this pool.
(2)
The Director of Real Estate of the Division of Real Property Acquisition
and Management shall select on a rotating basis from the pool of title
insurance companies to conduct County real estate transactions.
(3)
The Division of Real Property Acquisition and Management shall issue
a request for qualification at least once every three years to identify
qualified title insurance companies.
F.
There shall be within the Division of Real Property Acquisition and
Management, or any successor thereto, a pool of at least 20 qualified
real property appraisers whose members shall be designated by the
Director of Real Estate of the Division of Real Property Acquisition
and Management with the approval of the County Legislature by duly
enacted resolution. Such information as may reasonably be necessary
to evaluate the appraisers or appraisal firms, including but not limited
to curriculum vitae, certifications and other applicable licenses,
shall be included with the resolution submitted for approval. Designation
and legislative approval of the pool of qualified appraisers or appraisal
firms shall occur no less frequently than every three years. The Director
of Real Estate of the Division of Real Property Acquisition and Management
shall select from the pool as many outside appraisers as are necessary
to conduct County appraisals. At a minimum, any real property appraisers
must be qualified as New York certified general appraisers and must
maintain such certification in good standing for so long as they conduct
County appraisals. Appraisers must maintain such professional licenses
or other certifications or qualifications which, in the opinion of
the Director of Real Estate of the Division of Real Property Acquisition
and Management, are necessary to properly conduct County appraisals.
Proof of such certification and licenses shall be submitted to the
Director of Real Estate of the Division of Real Property Acquisition
and Management on or before December 31 of each year. The Director
of Real Estate of the Division of Real Property Acquisition and Management
shall promptly forward copies of all such proof to the County Executive
and the Clerk of the County Legislature. The selection of appraisers
to perform services for the County in connection with the acquisition
or disposition of any interest in real estate, from the legislatively
approved list, shall be done in a manner that includes administratively
established professional criteria. The Division of Real Property Acquisition
and Management will issue a request for qualification at least once
every three years to identify qualified appraisers.
[Amended 7-30-2013 by L.L. No. 35-2013]
G.
There shall be within the Division of Real Property Acquisition and
Management a pool of qualified surveyors. The pool of surveyors shall
be designated by the Director of Real Estate with the approval of
the County Legislature, which approval shall be required once every
three years. Such information as may be necessary to reasonably evaluate
the qualifications of the surveyors, including, but not limited to,
certifications and licenses, shall be included with the resolution
submitted to the Legislature for approval. At a minimum, a surveyor
must be licensed by the State of New York and must maintain such license
in good standing in order to remain in the County’s pool of
approved surveyors. The Division of Real Property Acquisition and
Management will issue a request for qualifications at least once every
three years to identify qualified surveyors.
[Added 7-30-2013 by L.L. No. 35-2013]
H.
There shall be within the Division of Real Property Acquisition and
Management a pool of qualified environmental assessment professionals,
which shall be designated by the Director of Real Estate with the
approval of the County Legislature, which approval shall be required
once every three years. Such information as may be necessary to reasonably
evaluate the qualifications of the environmental assessment firms,
including, but not limited to, curriculum vitae, certifications and
applicable licenses, shall be submitted to the Legislature for approval.
At a minimum, an environmental assessment professional must meet the
minimum qualifications of an "environmental professional" as defined
at 40 CFR § 312.10 and be capable of providing Phase I and Phase
II Environmental Site Assessments pursuant to the most current ASTM
standards to remain in the County’s pool of approved environmental
assessment professionals. The Division of Real Property Acquisition
and Management will issue a request for qualifications at least once
every three years to identify qualified environmental assessment firms.
[Added 7-30-2013 by L.L. No. 35-2013]
