[Adopted 11-25-2008 by L.L. No. 12-2008]
This article shall be known as "Town of Oyster Bay Highway Department Law."
The purpose in creating the Highway Department is to effectively manage and maintain the Town's roadway system in order to provide for the safe, convenient and efficient movement of traffic and pedestrians throughout the Town of Oyster Bay.
Whenever used in this article, words used in the singular include the plural and vice versa.
All words used in the present tense include the past and the future tense. Words used in the masculine gender include the feminine and neuter, and vice versa, unless the natural construction of the wording indicates otherwise.
As used in this article, the following terms shall have the meanings indicated:
- ASSISTANT TO THE COMMISSIONER
- A designated officer of the Department to aid and advise the Commissioner in planning and coordinating the projects and policies of the Department.
- The Commissioner of the Highway Department, who shall also be known as the "Commissioner of Highways," and who shall be the chief executive officer of the Department. The Commissioner of Highways shall also have all of the powers and duties of a Town Superintendent of Highways as prescribed by law.
- The Town of Oyster Bay Highway Department, which shall perform a major function of Town government.
- DEPUTY COMMISSIONERS
- The two Deputy Commissioners of the Town of Oyster Bay Highway Department, who shall generally act for and in place of the Commissioner.
- Supervisor of the Town of Oyster Bay.
There shall be in the Town of Oyster Bay a Highway Department. The principal executive officer and administrative head of said Department shall be the Commissioner of Highways, also to be known as the "Superintendent of Highways," who shall be appointed by the Town Board at such salary as may from time to time be fixed by the Town Board. The Commissioner 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 the power and authority to appoint and remove officers and employees under his jurisdiction in accordance with the 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.
Before entering upon the duties of the 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 Highways shall have charge of the administration of the Department.
The Commissioner shall have such powers as shall be necessary for the proper 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 division:
The powers and duties of each such division therein shall be under the administration, direction and control of the Commissioner of Highways, and each such division shall be supervised by a division head who shall be designated as superintendent or other appropriate title.
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.
The Highway Division of the Department of Public Works, existing prior to the enactment of the legislation herein, is hereby transferred in its entirety, including all property, equipment and budgetary appropriations, to the Highway Department. The employees of said Division shall be continued as employees in the Highway Department with the same classifications, pension and retirement rights and privileges as they had immediately prior to such transfer.
The divisions of the Highway Department shall be as follows:
Division of Administration: to administer, supervise, manage, implement, initiate and direct all matters concerning the Office of Administration of the Highway Department; to assume responsibility for all personnel records and actions for the Department; to plan and coordinate policies, procedures and programs concerning personnel; to provide, manage and maintain all telephone communication services and permitting processes for the Department; to assume responsibility for accounts and processes for payment of all claims as well as maintaining records of said claims and petty cash; to coordinate data from divisions for preparation of the fiscal budget for the Department. The division head of the Division of Administration acts as liaison for the Commissioner of Highways with all divisions and bureaus of the Department of Highways as well as all departments within the Town of Oyster Bay.
Division of Road Maintenance and Drainage: to have charge and supervision of the design, construction, repair, reconstruction, improvement, maintenance, snow removal, sanding or salting operations for all highways, roads, streets, sidewalks and bridges under Town jurisdiction or any special districts thereof; to construct, repair, reconstruct, improve and maintain public ditches, drainage pipes, storm drain systems and sumps under Town jurisdiction; to perform such other duties as may be designated by the Commissioner of Highways and other Town departments.
Division of Curbs, Sidewalks and Trees: to provide maintenance, alteration and repair of sidewalks, curbs and gutters under Town jurisdiction; to care for, preserve, prune, plant, replant, remove or dispose of trees in parks, along streets and in other public areas as directed by the Commissioner of Highways; to maintain a list of approved trees to be planted in the Town; to perform such other duties as may be designated by the Commissioner of Highways and other Town departments.
Division of Public Parking, Street Lighting and Signage: to provide for, maintain and operate municipal off-street public parking areas, including metered parking, and to further supervise and to have jurisdiction over any improvement districts related thereto; to administer, supervise, manage, implement, initiate and direct all matters pertaining to the installation, development and maintenance of all street lighting facilities within the Town; to have charge and supervision over the fabrication, maintenance, service, repair, installation and removal of street signs; to install and maintain line striping, pavement markings and regulatory traffic control signs in conformance with current regulations; to perform such other duties as may be designated by the Commissioner of Highways and other Town departments.
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.
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 Highway Department; 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 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.