[Amended 9-1-1987 by L.L. No. 19-1987; 4-5-1988 by L.L. No. 7-1988; 11-21-1989 by L.L. No. 30-1989, effective 11-27-1989; 11-4-1994 by L.L. No.
17-1994, effective 11-10-1994; 5-7-2002 by L.L. No. 6-2002;
effective 5-10-2002; 9-7-2004 by L.L. No. 22-2004, effective 11-1-2004]
This article shall be known as the "Town of
Brookhaven Department of Planning, Environment and Land Management."
A.
Whenever used in this article, words in the singular
shall include the plural and vice versa, where the context of the
article so requires.
B.
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER (2)
As used in this article, the following terms shall
have the meanings indicated:
The Commissioner of Planning, Environment and Land Management,
who shall be chief executive officer of the Department.
The Town of Brookhaven Department of Planning, Environment
and Land Management.
In the absence of the Commissioner, the Deputy Commissioner(s)
shall act generally for and in place of the Commissioner.
[Amended 11-16-2004 by L.L. No. 37-2004, effective 11-22-2004; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
There shall be in the Town of Brookhaven a Department of Planning,
Environment and Land Management. The principal executive officer and
administrative head of said Department shall be the Commissioner,
who shall be appointed by the Town Board and shall serve at the pleasure
of the Town Board at such salary as may, from time to time, be fixed
by said Town Board. The Commissioner shall be appointed on the basis
of his/her administrative experience and qualifications for the duties
of such office, with considerations to any such additional standards
as may be required by the Town Board. He/She shall be the executive
secretary of any advisory board or commission assigned to his/her
jurisdiction 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/her jurisdiction in accordance with
Civil Service and other applicable laws, except the appointment and
removal of Deputy Commissioners, who shall be appointed and removed
by the Town Board. The Town Board may appoint Deputy Commissioners,
one of whom shall generally act for and in his/her 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.
The Commissioner or his/her Deputy(s) may also serve as a division
head within the Department. In the absence of the Commissioner, one
Deputy Commissioner(s) shall act generally for and in place of the
Commissioner.
[Amended 5-20-2008 by L.L. No. 11-2008, effective 7-7-2008; 5-20-2008 by L.L. No.
12-2008, effective 7-7-2008; 6-3-2008 by L.L. No. 15-2008, effective 7-7-2008; 12-8-2009 by L.L. No.
24-2009, effective 1-4-2010; 12-18-2012 by L.L. No. 39-2012, effective 1-2-2013; 6-4-2013
by L.L. No. 30-2013, effective 6-17-2013; 1-7-2014 by L.L. No.
1-2014, effective 1-9-2014; 12-16-2014 by L.L. No. 36-2014, effective 12-23-2014]
[Amended 11-16-2004 by L.L. No. 37-2004, effective 11-22-2004; 5-20-2008 by L.L. No.
11-2008, effective 7-7-2008; 6-3-2008 by L.L. No. 15-2008, effective 7-7-2008; 12-8-2009 by L.L. No.
24-2009, effective 1-4-2010; 12-18-2012 by L.L. No. 39-2012, effective 1-2-2013; 6-4-2013 by L.L. No.
30-2013, effective 6-17-2013; 1-7-2014 by L.L. No. 1-2014,
effective 1-9-2014]
The powers and duties of such Divisions therein shall be under
the administration, direction and control of the Commissioner, and
each of said Divisions shall be supervised by a division head, who
shall be designated a "Division Director." The Commissioner may, with
the approval of the Town Board after a public hearing, establish,
consolidate or abolish any divisions now existing or hereafter created
in said Department and establish, consolidate or abolish any bureau
or subdivisions now existing or hereafter created in any such division.
A.
Division of Planning. The powers and duties of said Division shall
be as follows: to update the Town of Brookhaven Master Plan and suggest
any modifications thereto and to initiate development policy recommendations
for the Town Board. Additionally, 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 levels of service for its residents.
The Division also shall serve as staff to the seven-member Planning
Board as established under Town Law and will, as necessary, prepare
studies, reports and programs as the Planning Board may require.
B.
The Commissioner, acting by and through any of said existing or hereinafter-named
divisions, shall be empowered to perform such other duties and functions
that are prescribed to be performed by him pursuant to any local law
of the Town Board or lawful directive of the Supervisor. However,
the Commissioner may delegate any of his/her powers to or direct any
of his/her duties to be performed by a Division Director or the Executive
Assistant. The Commissioner shall be the head of the Department, with
the power and authority to appoint or remove all employees under his
or her jurisdiction in accordance with the Civil Service and other
applicable laws. The Town Board may appoint a Deputy Commissioner(s),
who shall act for and in place of the Commissioner at all times. Furthermore,
the Commissioner is hereby authorized and empowered, subject to prior
approval of the Town Board, except in cases of emergency, to retain
and employ private engineers, architects, consultants or firms practicing
such professions for the purpose of:
(1)
Preparing designs, plans and estimates of structures or projects
of any type and character.
(2)
Rendering assistance and advice in connection with any project, whether
defined or proposed, under the supervision of the Commissioner of
Department of Planning, Environment and Land Management.
(3)
Performing such other and necessary services as the Commissioner
may deem necessary in the administration of the Department.
C.
Division of Environmental Protection. The powers and duties of said
Division shall be as follows: to administer, supervise, manage, implement,
initiate and direct all matters to protect the environment of the
Town from all activities which in any way impair, damage, destroy,
infringe or hinder the enjoyment by the present Town residents and
those generations yet unborn of the natural resources of the Town
and for the protection of the environment of the Town; to continue
to administer all local laws of the Code of the Town of Brookhaven
now or formerly assigned to the Department of Environmental Protection;
to conduct a comprehensive bay management program and a shellfish
program; to run educational programs consistent with policy and position
set forth by the Division of Environmental Protection; to set forth
rules and regulations, subject to Town Board approval, to effect the
purposes set forth in this subsection entitled "Division of Environmental
Protection"; and to be responsible for complying with all federal,
state and county laws, rules and regulations pertaining to the environment
and make recommendations to the Town Board, as necessary, concerning
matters affecting the environment and natural resources of the Town
and to be responsible for ensuring such compliance by other parties.
D.
Division of Engineering: to administer, supervise, manage, implement,
initiate and direct all matters pertaining to implementation of capital
projects and other technical matters within the Town.
E.
Division of Energy and Sustainability. The powers and duties of said
Division shall be as follows: to supervise, initiate and assist in
all matters pertaining to the Green Homes and Go Solar programs and
other sustainability initiatives and committees with the Town of Brookhaven.
[Added 12-16-2014 by L.L.
No. 36-2014, effective 12-23-2014]
F.
Division of Special Districts. The powers and duties of said Division
shall be as follows: to administer, supervise, manage, implement,
initiate and direct all matters pertaining to the operation of the
various water and beach erosion control districts within the Town.
G.
Division of Building. The powers and duties of said Division shall
be as follows: to administer, supervise, manage, coordinate and enforce
the zoning laws and applicable local laws, rules and regulations of
the Town of Brookhaven and the applicable building codes, both local
and state, and any other applicable laws of the State of New York,
as legally required throughout the Town of Brookhaven, and to review,
evaluate, judge and advise on applications related thereto.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor as outlined
in the Town Law of the State of New York or any statutory or other
powers which may be lawfully executed by said Supervisor.
The Commissioner may establish a schedule of
fees to be submitted in connection with the following. The schedule
of fees shall be approved by Town Board resolution.
A.
The filing in his/her Department of any map or written
instrument required to be so filed.
B.
The preparation of any copy of a map or written instrument
filed in his/her Department.
C.
Certifying any such map or written instrument.
D.
Any other service rendered in connection with the
work of his/her Department and for which he/she deems it necessary
to charge and collect a fee therefor.
If any section, provision or part thereof in
this article shall be adjudged invalid or unconstitutional by a court
of competent jurisdiction such adjudication shall not affect the validity
of the article as a whole or any section, provision or part hereof
not as adjudged invalid or unconstitutional.
Wherever the term "Department of Planning, Environment
and Development" shall appear in the Town Code, the term "Department
of Planning, Environment and Land Management" shall be substituted.
