[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.
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER
SECRETARY TO THE COMMISSIONER
As used in this local law, the following terms shall
have the meanings indicated:
[Amended 12-14-2010 by L.L. No. 16-2010]
The Commissioner of the Department of Planning and Environmental
Protection, as chief executive officer of said Department.
The Town of North Hempstead Department of Planning and Environmental
Protection, a major function of Town government.
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.
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)
(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.
