[Amended 2-10-2004 by L.L. No. 4-2004]
This article shall be known as the "Town of Oyster Bay Department of Environmental Resources Law."
[Adopted 4-23-1991 by L.L. No. 2-1991]
The purpose in creating the Department of Environmental Resources is to better ensure the preservation, conservation and protection of the natural resources within the Town of Oyster Bay, including but not limited to the Town's marine life, waterways, wetlands, air, soil, wildlife, groundwater, flora and fauna for the benefit of the Town's present and future citizens.
A.
Whenever used in this article, words used in the singular include the plural and vice versa.
B. COMMISSIONER DEPARTMENT DEPUTY COMMISSIONER ENVIRONMENTAL CONSERVATION OFFICER
As used in this article, the following terms shall have the meanings indicated:
The Commissioner of Environmental Resources, as chief executive officer of said Department.
The Town of Oyster Bay Department of Environmental Resources.
The Deputy Commissioner of the Town of Oyster Bay Department of Environmental Resources, who shall generally act for and in place of the Commissioner.
Individual who is responsible for overseeing environmental surveillance and enforcement of the environmental protection standards established by the Department, and with the authority to issue summonses for violations as warranted.
[Added 2-10-2004 by L.L. No. 4-2004]
A.
There shall be in the Town of Oyster Bay a Department of Environmental Resources. The principal executive officer and administrative head of such department shall be the Commissioner of Environmental Resources, who shall be appointed by the Town Board at such salary as may from time to time be fixed by the said Town Board.
B.
The Commissioner of Environmental Resources 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. 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 Civil Service Law and other applicable laws.
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.
[Amended 2-10-2004 by L.L. No. 4-2004]
Before entering upon the duties of his or her office, the Commissioner shall execute and file an official undertaking, if the same shall 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. Except as otherwise provided for herein, the Commissioner of Environmental Resources shall have charge of the administration of the Department.
[Amended 2-10-2004 by L.L. No. 4-2004; 6-26-2018 by L.L. No. 6-2018; 3-15-2022 by L.L. No. 3-2022; 3-15-2022 by L.L. No. 5-2022]
The Commissioner shall have such powers as shall be necessary for the administration of the Department consistent with applicable provisions of law. Until such time as the same may be either amended or modified, the Department shall be divided into the following divisions:
[Amended 2-10-2004 by L.L. No. 4-2004]
A.
The powers and duties of such division therein shall be under the administration, direction and control of the Commissioner of Environmental Resources, and each of said divisions shall be supervised by a division head who shall be designated as superintendent or other appropriate title.
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 now existing or hereafter created in any such division.
[Amended 2-10-2004 by L.L. No. 4-2004; 3-15-2022 by L.L. No. 3-2022; 3-15-2022 by L.L. No. 5-2022]
The divisions are as follows:
A.
Division of waterways conservation. To undertake the creation, implementation and revision of a comprehensive bay management plan, and related activities, including, but not limited to, the following:
(1)
Shellfish hatchery: to oversee planning and operational activities relative to the shellfish hatchery and shellfish seeding operations.
(2)
Develop, implement and coordinate programs for water conservation, preservation of the marine environment and marine life.
(3)
Wetlands protection, and wildlife and habitat protection; to develop and assist in the implementation of programs for the proper management of shellfish and marine life; to perform environmental monitoring and to undertake appropriate actions to correct problems or deficiencies encountered, including enforcement activities by an Environmental Conservation Officer as may be warranted.
B.
Division of environmental planning and technical review. To oversee planning activities relating to the protection or enhancement of environmental resources in the Town; to assist Town departments and agencies in obtaining requisite environmental permits; to review and provide comments regarding remediation activities under the purview of federal and state agencies, and to communicate with involved agencies/interested parties on behalf of the Town; to investigate opportunities for grant funding from outside agencies and other sources, and to complete or assist in the completion of applications to procure said funding in order to facilitate projects to advance the environmental goals of the Town;
(1)
To review, analyze, investigate and process all appropriate administrative and technical undertakings pertaining to the environmental impacts of applications presented for approval to the Oyster Bay Town Board or to other Oyster Bay Town agencies, and to submit reports, conclusions and recommendations to said Board or agencies, for their findings and determinations, all in accordance with Chapter 110 of the Oyster Bay Town Code, Article 8 of the Environmental Conservation Law of the State of New York, and Part 617, Title 6 of the State of New York Official Compilation of Codes, Rules and Regulations.
(2)
To review, analyze, attend public meetings and information sessions, and to provide comments during federal and state designated comment periods on remedial programs, applications, and/or actions within or substantially contiguous to the Town of Oyster Bay that have the potential to impact the environment and suburban quality of life.
(3)
Conduct environmental review and provide comments on significant projects in neighboring municipalities that have the potential to impact the Town of Oyster Bay.
C.
Division of environmental conservation and preservation. To develop, implement and coordinate programs for the preservation, and protection of lands and existing natural resources and to manage and maintain facilities, equipment and personnel necessary for the proper administration of the above.
(1)
Tree and natural resource preservation; to develop and assist in the implementation of programs for the proper management of the town's tree inventory; to perform environmental monitoring and to undertake appropriate actions to correct problems or deficiencies encountered.
(2)
Flora and fauna; to develop programs to enhance, restore and preserve the native flora and fauna of the Town.
(3)
Management of designated town lands that have unique or significant environmental characteristics in terms of their undisturbed nature, natural habitat for native species and animals.
D.
Division of environmental education and outreach. To develop, implement and coordinate environmental education programs for the public and for Town governmental facilities, including, but not limited to, hazardous substance disposal, natural resource conservation, environmental stewardship, and water quality protection; to address inquiries from the public regarding environmental issues in the Town; to consult with other Town departments on matters of environmental education and public outreach; to coordinate with, and assist and advise other departments and agencies, both inside and outside the Town, in order to ensure that projects undertaken within the Town are environmentally sound.
E.
Division of animal shelter and wildlife rehabilitation. To oversee and manage animal control and shelter operations; to assist in wildlife rehabilitation efforts; and to manage and maintain facilities, equipment and personnel necessary for the proper administration of the above.
The Commissioner, acting by and through any of the existing or hereafter created 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. The Commissioner may delegate his authority to or direct any of his duties to be performed to a Deputy Commissioner or head of a division.
All costs and expenses incurred by the Department or its officers or employees on behalf of a special 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, subject to Town Board approval, a schedule of fees to be collected by him for the filing in his office or department of any environmental impact statement or similar 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.[1]
[1]
Editor's Note: Former § 4-155, Effective date; repealer, which immediately followed this section, was repealed 2-10-2004 by L.L. No. 4-2004.