[[1]HISTORY: Adopted by the Town Board of the Town of Huntington 8-23-1988 as Section 2 of L.L. No. 1-1988; amended in its entirety 4-7-1998 by L.L. No. 14-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Department of Maritime Services — See Ch. 43.
[1]
Editor's Note: Former Ch. 52A, Department of Personnel, adopted 9-14-1982 by L.L. No. 12-1982, was repealed 3-11-1986 by L.L. No. 2-1986. In addition, L.L. No. 7-1987, adopted 7-21-1987, regarding benefit provisions of collective bargaining agreements, which was subsequently included in this Code as Art. I of Ch. 52A, Personnel Policies, has been removed from the Code at the request of the Town, as it was never the intent of that local law that it be included in this Code.
A. 
It is the purpose of the Town Board in enacting this chapter to implement the policy of the Board of Trustees of the Town of Huntington with respect to the environment and natural resources of the Town of Huntington and to meet all of the responsibilities of the Town Board itself, gathered from all laws of the State of New York.
B. 
In order to implement the policy of the Board of Trustees of the Town of Huntington, this Department is hereby created to:
(1) 
Assure for all the people of the Town of Huntington safe, healthful, productive and aesthetically and culturally pleasing surroundings.
(2) 
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable consequences.
(3) 
Preserve important historic, cultural and natural aspects of our heritage and maintain an environment which supports diversity and variety of individual choice.
(4) 
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities among all the residents of the Town of Huntington, not only during this generation but in each succeeding generation.
(5) 
Protect the people of the Town of Huntington against such activities as would tend to impair, damage, destroy or otherwise infringe upon the natural resources of the Town of Huntington.
A. 
Word usage. Whenever used in this chapter, words used in the singular include the plural and vice versa.
B. 
Definitions. Unless otherwise stated in the section where the term is used herein, the meanings of terms used in this chapter shall be as stated below:
[Amended 5-5-1998 by L.L. No. 21-1998; 6-2-1998 by L.L. No. 26-1998]
CONSERVATION BOARD
Volunteer advisory board appointed by the Town Board to provide specific review of land use applications affecting properties mapped on the Town Open Space Index pursuant to Article 12-F, § 239-y, of the New York State General Municipal Law; applications made pursuant to Chapter 137 of the Code of the Town of Huntington; and other environmental issues.
DEPARTMENT
The Town of Huntington Department of Planning and Environment, and it shall perform a major function of town government.
DEPUTY DIRECTOR
The Deputy Director of the Town of Huntington Department of Planning and Environment, who, in the absence of the Director, shall act generally for and in place of the Director.
DIRECTOR
The Director of the Town of Huntington Department of Planning and Environment who shall be the chief executive officer of the Department. Any reference to the title of "Director of Environmental Control" in any other chapter of the Code of the Town of Huntington shall henceforth mean the Director of Planning and Environment in all matters dealing with environmental review, studies, reports and programs, and town applications for federal and state environmental permits.
A. 
There shall be in the Town of Huntington a Department of Planning and Environment. The principal executive officer and administrative head of such Department shall be the Director, who shall be appointed by the Town Board for a term fixed by law, at such salary as may from time to time be fixed by said Town Board. The Director shall be appointed on the basis of his administrative experience and professional qualifications for the duties of such office and such additional standards as may be required by the Town Board. The Director shall be the head of the Department with power and authority to appoint and remove employees under his jurisdiction in accordance with the Civil Service Law and other applicable laws; except the appointment and removal of the Deputy Director, who shall be appointed and removed by the Town Board.
B. 
The Deputy Director shall generally act for and on behalf of the Director and shall perform such duties as are vested in and imposed upon that office by the provisions of this chapter, by statute or by other lawful authority.
A. 
The Director shall have such powers as shall be necessary for the proper administration of the Department consistent with applicable provisions of law.
B. 
The Department shall be divided into the following divisions:
[Amended 5-5-1998 by L.L. No. 21-1998; 7-7-2009 by L.L. No. 8-2009]
(1) 
Division of Planning.
(2) 
Division of Environmental Review.
(3) 
Division of Land Management.
A. 
Each Division shall be under the administration, direction and control of the Director, and shall be supervised by a division head who shall be so designated. In addition, the Department shall have the following powers and duties:
[Amended 5-5-1998 by L.L. No. 21-1998; 7-7-2009 by L.L. No. 8-2009]
(1) 
The Department shall have cognizance, jurisdiction and control over, and the Director shall be charged with, the protection of the people of the town against such activities as would tend to impair, damage, destroy or otherwise infringe upon the natural resources and environment thereof by the present or future people of the town.
(2) 
In order to facilitate implementation of the policy of the Board of Trustees of the Town of Huntington with respect to the environment and natural resources and to assure coordination among those activities by agents, employees and departments of the town, the following shall report directly to the Director of the Department of Planning and Environment:
(a) 
Beautification Council.
(b) 
Conservation Board.
(c) 
All advisory boards, councils and committees concerned with environmental matters that shall be, from the to time, constituted and approved by the Town Board.
(3) 
All departments shall consult with the Director of Planning and Environment on all matters within their jurisdiction which have an ecological impact.
(4) 
The Director shall advise all departments and their subdivisions, either on the initiative of the authorized department head making the request or on the Director's own initiative, when and if the Director determines that such advice would foster the policies of the Board of Trustees and/or the Town Board of the Town of Huntington.
(5) 
The Director shall be authorized to render reports, advice and recommendations to the Planning Board, Zoning Board of Appeals, Huntington Town Board, the Historic Preservation Commission and any other town agency or department as is necessary to implement policies of the Board of Trustees and/or the Town Board of the Town of Huntington with respect to the environment and natural resources of the town.
(6) 
Subject to the approval of the Board of Trustees and/or Town Board of the Town of Huntington, the Director shall be permitted to intervene in proceedings before the Planning Board, the Zoning Board of Appeals and the Historic Preservation Commission of the town in any matter, petition, application or proceeding which in the Director's judgment affects the environment and natural resources of the town to the extent that such intervention will protect them.
(7) 
The Director may, with the approval of the Town Board, establish, consolidate or abolish the divisions or subdivisions now existing or hereafter created in the Department.
B. 
Powers and duties of individual divisions.
(1) 
Division of Planning. Its powers and duties are to prepare and update the Comprehensive Plan, carry out any plans and programs, including capital programming, and initiate developmental policy recommendations for the Town Board. In addition, the Division will perform all the duties. studies and supervision as delegated by the Town Board in order to provide for the orderly growth of the town and to achieve the highest and most efficient available levels of service for the residents of the town. This Division shall serve as the staff of the Planning Board, Zoning Board of Appeals and Historic Preservation Commission and prepare studies, reports and programs as may be required. The Division shall also be responsible for review of important historic, cultural and natural aspects of our heritage, and make recommendations to the various boards in the town to maintain an environment which supports diversity and variety of individual choice.
(2) 
Division of Environmental Review. Its powers and duties are for the preparation of environmental impact statements and related documentation, notices and permits required by federal, state and local laws and regulations for town programs, projects and activities. The Division is designated as the agency responsible for maintaining the environmental standards promulgated under the New York State Environmental Quality Review Act[1] for all matters that require town review or approval. The Division shall also serve as the staff to the Planning Board, Zoning Board of Appeals and Historic Preservation Commission and prepare studies, reports and programs as they may require.
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
(3) 
Division of Land Management. Its powers and duties are to manage the Geographic Information System (GIS), to inventory and maintain records on Board of Trustees and town-owned real properties and to inventory and maintain records of leased or surplus Board of Trustees and town-owned real properties. The Division shall prepare all necessary reports commensurate with its duties and shall aide the Town Attorney in implementing the acquisition and sale of surplus property as directed by the Town Board in accordance with all applicable laws.[2]
[2]
Editor's Note: Former § 52A-5B(5), concerning the Division of Maritime Services, which immediately followed this subsection, was repealed 5-5-1998 by L.L. No. 21-1998. See now Ch. 43, Maritime Services, Department of.
A. 
The Director may establish, subject to Town Board approval, a schedule of filing fees to be collected by the Department for services rendered in connection with the work of the Department for which it is deemed necessary to charge and collect such fee.
B. 
Fees and costs for SEQRA review.
(1) 
Pursuant to applicable state regulations, there is hereby imposed upon each and every applicant for a determination by either the Town Board or the Planning Board as lead agency under the State Environmental Quality Review Act (SEQRA) a fee to recover the actual cost of either preparation of an environmental impact statement (EIS) or review of an EIS presented by an applicant. In either event, the fee shall be equal to the actual cost to the town, in time and support facilities, incurred by each specific application. No fee shall exceed two percent (2%) of the total project cost as defined at Section 617.17(b) of Title 6 of the New York Codes, Rules and Regulations for residential projects, nor one-half of one percent (1/2 of 1%) of the total project cost as defined at Section 617.17(c) of Title 6 of the New York Codes, Rules and Regulations for nonresidential projects.
(2) 
Assessment of fees. The Director, with the assistance of the Director of Audit and Control, shall formulate policies and procedures to properly assess the actual cost to the town of EIS preparation and review.
(3) 
Appeals. An applicant may dispute the fee assessment by submitting a written request for an explanation. The Director shall forward such request, the fee assessment and other pertinent documentation to the Director of Audit and Control for a determination. Upon review by the Director of Audit and Control or his designee, the Director of Audit and Control shall give the applicant a written determination, setting forth reasons why the applicant's claims are valid or invalid, in whole or in part. The determination by the Director of Audit and Control shall constitute a final administrative determination of the fees and costs. Such appeal procedure shall not interfere with or cause delay in the EIS process or prohibit action from being undertaken.
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 the Supervisor.
If any section, provision or part thereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.
This chapter shall be effective when the appropriate certified copies are filed with the Secretary of State of the State of New York.