[Adopted 4-23-1991 by L.L. No. 2-1991]
[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."
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.
