[[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Editor's Note: Former Ch. 52A, Department of Personnel, adopted 9-14-1982 by L.L. No. 12-1982, was repealed 3-11-1986 by L.L. No. 2-1986.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.
CONSERVATION BOARD
DEPARTMENT
DEPUTY DIRECTOR
DIRECTOR
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]
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.
The Town of Huntington Department of Planning and Environment,
and it shall perform a major function of town government.
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.
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.
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:
(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]
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.
