[Added 12-31-1974 by L.L. No. 19-1974; amended in its entirety 4-5-1994 by L.L. No. 3-1994]
[1]
Editor's Note: The title of this article was changed from Department of Planning and Economic Development to Department of Planning and Environmental Protection 12-14-2010 by L.L. No. 16-2010.
A. 
Whenever used in this local law, words used in the singular include the plural and vice versa.
B. 
As used in this local law, the following terms shall have the meanings indicated:
[Amended 12-14-2010 by L.L. No. 16-2010]
COMMISSIONER
The Commissioner of the Department of Planning and Environmental Protection, as chief executive officer of said Department.
DEPARTMENT
The Town of North Hempstead Department of Planning and Environmental Protection, a major function of Town government.
DEPUTY COMMISSIONER
The Deputy Commissioner of the Town of North Hempstead Department of Planning and Environmental Protection, who shall generally act for and in place of the Commissioner.
SECRETARY TO THE COMMISSIONER
A designated officer of the Department appointed by the Commissioner to oversee office administrative functions, including timekeeping, purchasing and maintenance of records.
A. 
Commissioner. There shall be in the Town of North Hempstead a Department of Planning and Environmental Protection. The principal executive officer and administrative head of such Department shall be the Commissioner, who shall be appointed by the Town Board for the term fixed by law 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 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. He may appoint one Deputy and one Secretary.
[Amended 12-14-2010 by L.L. No. 16-2010]
B. 
Before entering upon the duties of his office, the Commissioner shall execute and file with the Town Clerk an official undertaking, if the same is required by the Town Board, in such sum as prescribed by the Town Board and in such form as approved by the Town Attorney.
[Amended 12-14-2010 by L.L. No. 16-2010]
The Commissioner shall have such powers as shall be necessary for the proper administration of the Department consistent with applicable provisions of law.
[Amended 12-14-2010 by L.L. No. 16-2010]
A. 
Under the administration, direction and control of the Commissioner, the Department shall have the following duties and responsibilities:
(1) 
Land use policy. It shall prepare studies, reports, plans and programs for the Town Board for the purpose of fostering, maintaining and monitoring the orderly growth and development of the Town and shall oversee the review of all applications for zoning amendments and major development proposals as specified in the applicable zoning regulations.
(2) 
Zoning administration. It shall administer, supervise, manage, implement, initiate and direct all matters related to the Board of Zoning and Appeals as delegated to it under the law and especially by § 267 of the Town Law of the State of New York.
(3) 
Environmental impact review. It shall oversee compliance with the applicable statute (State Environmental Quality Review Act,[1] National Environmental Policy Act[2]) for both privately sponsored and Town-initiated projects.
[1]
Editor's Note: See New York Environmental Conservation Law § 8-0101 et seq.
[2]
Editor's Note: See 42 U.S.C. § 4321 et seq.
(4) 
Capital projects. It shall participate in the formulation of the annual capital budget and the forecasting of long-term infrastructure needs.
(5) 
Historic preservation. It shall administer, supervise, manage, implement, initiate and direct all matters related to the Historic Landmarks Preservation Commission as delegated to it by the Town Board.
(6) 
Transportation. It shall prepare studies, reports, plans and programs concerning transportation demand and recommend infrastructure and capacity improvements to roadways, bus systems, mass transit and alternative transportation modes.
(7) 
Economic development. It shall coordinate and manage programs relating to the economic development of the Town of North Hempstead in order to provide an efficient and positive atmosphere for business growth and location within the Town.
B. 
The Commissioner, acting by and through any of the said existing or hereafter-named officers, 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. However, the Commissioner may delegate any of his powers to or direct any of his duties to be performed by a Deputy Commissioner.
All costs and expenses incurred by the Department or its officers or employees on behalf of a special improvement 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 services rendered in connection with the work of his Department and for which he deems it necessary to charge and to collect a fee therefor.
If any section, provision or part thereof in this local law shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the local law as a whole, or any section, provision or part thereof not so adjudged invalid or unconstitutional.
This local law shall be effective immediately upon filing with the Secretary of State.