Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[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."
Whenever used in this article, words used in the singular include the plural and vice versa.
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.
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.
[Amended 5-6-1980 by L.L. No. 3-1980]
Until such time as the same may be either amended or modified, the Department shall be divided into the following divisions:
Administration of Board of Appeals.
Commerce, Industry and Labor.
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.
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]
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.
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.
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.