[Adopted 12-5-1972 by L.L. No. 9-1972]
This article shall be known as the "Town of Oyster Bay Planning
and Development Law."
A.
Whenever used in this article, words used in the singular include
the plural and vice versa.
B.
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONERS
As used in this article, the following terms shall have the meanings
indicated:
The Commissioner of Planning and Development, chief executive
officer of the Department.
The Town of Oyster Bay Department of Planning and Development,
which shall perform a major function of Town Government.
The two Deputy Commissioners of the Town of Oyster Bay Department
of Planning and Development who shall act generally for and in place
of the Commissioner.
[Amended 4-27-2010 by L.L. No. 3-2010]
There shall be in the Town of Oyster Bay a Department of Planning
and Development. The principal executive officer and administrative
head of such Department shall be the Commissioner of Planning and
Development and 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 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, and 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 the Civil Service Law and
other applicable laws.
[Amended 4-27-2010 by L.L. No. 3-2010]
The Commissioner is empowered herein to appoint two deputies
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 article, by statute or by other lawful authority.
Before entering upon the duties of his office, the Commissioner
shall execute and file with the Town Clerk an official undertaking,
if the same be required by the Town Board, in such sum as prescribed
by the Town Board and in such form as approved by the Town Attorney.
[Amended 5-6-1980 by L.L. No. 3-1980; 3-15-2022 by L.L. No. 4-2022]
A.
The Commissioner shall have such powers as shall be necessary for
the proper administration of the Department consistent with applicable
provisions of law. The Commissioner shall be deemed the building inspector
of the Town of Oyster Bay within the meaning of statutory law and
shall have all of the duties and powers contemplated by the office
of building inspector as contained in the Town Law of the State of
New York.
A.
The powers and duties of such divisions therein 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 superintendent.
B.
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.
[Amended 5-6-1980 by L.L. No. 3-1980; 11-25-2008 by L.L. No.
13-2008; 3-15-2022 by L.L. No. 4-2022]
A.
Division of Administration of Board of Appeals. To administer, supervise,
manage, implement, initiate and direct all matters related with the
office of the Board of Appeals as delegated to it under the law and
especially by § 267 of the Town Law of the State of New
York.
B.
Division of Building. To administer, supervise, manage, coordinate
and enforce the zoning laws of the Town of Oyster Bay and the applicable
building codes as legally required throughout the properties of the
Town of Oyster Bay; to review, evaluate, judge and advise on applications
related thereto.
C.
Division of Economic Development, Commerce, Industry and Labor. To
administer, develop, manage, implement and promote commercial and
industrial business programs; to promote economic and social well-being
of the Town, its residents, taxpayers and commercial community, including,
but not limited to, community development and revitalization, travel
and tourism development, and open space protection; to develop, coordinate
and maintain statistics and information related to employment and
trends thereon.
D.
Division of Planning. To prepare studies, reports, plans and programs
for the Town Board for the purpose of fostering, maintaining and monitoring
the orderly growth and development of the Town, and in seeking to
achieve the highest and most efficient available levels of service
for the Town and its residents. A commission is hereby established,
comprised of seven members, appointed by the Town Board, to implement
the function of the Division. The Chairman of said commission shall
be the superintendent of this division and shall administer the responsibilities
related thereto.
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 to be performed by him in
any law, ordinance or resolution of the Town Board or lawful directive
of the Supervisor; however, the Commissioner may delegate any of his
powers to or direct any of his duties to be performed to a Deputy
Commissioner or head of a division. 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: preparing designs, plans and estimates of structures or projects
of any type and character; rendering assistance and advice in connection
with any project, whether defined or proposed and under the supervision
of the Department of Planning and Development; and performing such
other and necessary services as the Commissioner may deem necessary
in the administration of the Department.
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 district or 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 the filing in his office or Department of any map or written
instrument required to be so filed; the preparation of any copy of
a map or written instrument filed in his office or Department; for
certifying any such map or written instrument; and for 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.
