Notice of Adoption: Town of Riverhead: Local Law "Town Officers and Employees"

TOWN OF RIVERHEAD
NOTICE OF ADOPTION

PLEASE TAKE NOTICE that the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, adopted a local law amending Chapter 103, entitled "Town Officers and Employees" of the Code of the Town of Riverhead (“Riverhead Town Code”), at its regular meeting held on January 18, 2017.

Be it enacted by the Town Board of the Town of Riverhead as follows:

CHAPTER 103

Town Officers and Employees

Article V. Zoning Officer

§ 103-17. Title.

This article shall be known as "Zoning Officer of the Town of Riverhead."

§ 103-18. Purpose; intent.

This article is adopted to codify a series of resolutions adopted in 1976 creating the position of Building and Zoning Administrator, substituting the title "Building Inspector" in place of the title "Building and Zoning Administrator," and defining duties, including enforcement of the Zoning Code, referred to as "Ordinance 29," now known as "Chapter 301." In addition, it is the intent of this article to clarify and designate additional Town personnel to interpret and enforce the zoning provisions set forth in Chapter 301.

§ 103-19. Administrator of Building Department.

The Administrator of the Building Department, also known as the "Town Building and Planning Administrator," shall be the principal executive officer and administrative head of the Building Department.

§ 103-20. Powers and duties of Administrator of Building Department.

The Administrator of the Building Department shall administer, supervise, manage, coordinate and enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead, including issuance of appearance tickets as set forth in § 107-1; issue stop-work orders as set forth in § 217-4 and § 301-319; and such other powers or duties set forth in the provisions of the Town Code or as in his judgment may be necessary for the benefit or protection of the Town in any of its rights or property. In addition, the Administrator of the Building Department shall have the authority to review, evaluate, judge and advise on applications related to the Town Code of the Town of Riverhead, and such other applicable laws, ordinances and regulations of the Town of Riverhead and applicable laws of the State of New York. The Administrator of the Building Department, in conformance with the Civil Service Law, may designate such Building Inspectors as he/she deems necessary to enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local and applicable laws of the State of New York. Nothing hereinabove shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Building Administrator, Senior Building Inspector, Building Inspector or such other officers or persons employed in the Building Department.

§ 103-21. Investigation Unit of Office of Town Attorney.

The Investigation Unit of the Office of the Town Attorney, commonly referred to as "Code Enforcement," shall have authority to enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead. In addition, the Town Investigator and such other persons who are certified as Code Enforcement Officials as provided by Title 19 NYCRR Part 434 are authorized to issue appearance tickets as defined by § 150.10 of the Criminal Procedure Law, summonses or any other notices as permissible by law for violation of the sections of the Town Code of the Town of Riverhead over which they have jurisdiction. Nothing hereinabove shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the departments, officers or employees identified above. Nothing hereinabove shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Investigation Unit, Senior Town Investigator, Town Investigator and such other officers or persons employed in the Investigation Unit.

§ 103-22. Building and Planning Administrator; Planning Director.

The Town Building and Planning Administrator and the Planning Director of the Town of Riverhead shall be vested with authority to make, issue and render determinations regarding compliance with the provisions of Chapter 301, Zoning and Land Development, for site plan, special permit and subdivision applications; however, the Director of Planning shall not have authority as granted to authorized issuing officers as set forth in § 107-1 of the Town Code. Nothing hereinabove shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Planning Director or such officers or persons under the supervision of the Planning Director.

§ 103-23. Statutory authority; supersession of Town Law.

The provisions set forth in this article are enacted pursuant to Town Law §§ 268 and 138 and Municipal Home Rule Law § 10, Subdivision 1(ii)a(1) and 1(ii)d(3), and are intended to supersede Town Law § 65, Subdivision 1.

Article V: Department of Land Management

§ 103-17. Title.

This article shall be known as "Department of Land Management of the Town of Riverhead."

§ 103-18. Purpose; Intent.

A. During a major reorganization of several departments within the Town of Riverhead, including those concerned with planning, building, zoning, natural resources and other related matters, the Town Board created the Department of Land Management. The Department includes several distinct but interrelated divisions and offices: Planning Department, Building Department and the Fire Protection office.

B. The Department of Land Management's mission is focused on providing the highest level of service to the citizens of Riverhead. The overall mission statement of the Department is as follows:

 

(1) Administer, coordinate, develop and enforce all land development and environmental programs, procedures and regulations.

(2) Process all land development applications in a timely, coordinated and efficient manner.

(3) Undertake and implement short- and long-range plans to guide land development and conservation of the natural environment.

(4) Promote and support business retention and attraction.

(5) Provide professional and technical support services to the Planning Department, Planning Board, Zoning Board of Appeals, Conservation Advisory Council, Architectural Review Board, Landmarks Preservation Commission and citizen and related advisory committees appointed by the Town Board in connection with various comprehensive planning initiatives.

(6) Manage and participate in the planning of capital improvements, environmental conservation and related projects and programs.

(7) Coordinate community housing projects and programs to facilitate affordable housing opportunities, working with both the public sector and private sector.

 

C. The Town Board also created the positions of Building and Planning Administrator and in the absence or unavailability of the Building and Planning Administrator, Chief Building Inspector, to oversee and manage the Department of Land Management.

 

D. The Building and Planning Administrator is charged by the Town Board with significant and independent authority to manage the Town's overall planning, development and conservation of land resources and implementation of policy.

 

E.  In addition, it is the intent of this article to clarify and designate additional Town personnel to interpret and enforce the zoning provisions set forth in Chapter 301.

§ 103-19. Administrator of Department of Land Management.

 

The Administrator of the Department of Land Management, also known as the "Town Building and Planning Administrator," shall be the principal executive officer and administrative head of the Department of Land Management.

§ 103-20. Chief Building Inspector.

 

In the absence or unavailability of the Administrator of the Department of Land Management, the Chief Building Inspector shall act as the executive officer and administrative head of the Department of Land Management.  

§ 103-21. Powers and duties of Building and Planning Administrator.

The Building and Planning Administrator shall have such duties as the Town Board may from time to time prescribe, including but not limited to the following:

A. Assist the Town Board with the establishment and implementation of land use and development legislation, priorities, policies, projects and programs.

B. Assist the Town Board and Financial Administrator with financial and related analysis pertaining to development projects and programs.

C. Coordinate the efforts of the Planning Department, Building Department and Fire Marshal’s office of the Department of Land Management during the review of development projects and programs.

D. Represent the Town on various development-oriented committees, task forces and forums.

E. Lead the implementation of design and development projects, programs and strategies recommended by the Comprehensive Plan update.

F.  Manage professional and administrative staff assigned to the Department, including all data entry, accounting, clerical and related support services required by each division.

G. Under the direction of the Town Attorney, review all legal matters arising within the divisions of the Department.

H. Provide reports and assistance on various applications and requests, including under Chapter 219 Coastal Erosion Hazard Areas, and Chapter 295, Wetlands.

I. Serve as the coordinator for the State Environmental Quality Review Act (SEQRA) for various Town-initiated legislation, priorities, projects, and programs, as well as petitions

submitted for the Town Board's consideration regarding change of zones and other related requests.

J. Shall administer, supervise, manage, coordinate and enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead.

§ 103-22. Investigation Unit of Office of Town Attorney.

 

The Investigation Unit of the Office of the Town Attorney, commonly referred to as "Code Enforcement," shall have authority to enforce the zoning laws and applicable local laws, ordinances, rules and regulations of the Town of Riverhead and the applicable building codes, state and/or local and applicable laws of the State of New York as legally required throughout the properties of the Town of Riverhead. In addition, the Town Investigator and such other persons who are certified as Code Enforcement Officials as provided by Title 19 NYCRR Part 434 are authorized to issue appearance tickets as defined by § 150.10 of the Criminal Procedure Law, summonses or any other notices as permissible by law for violation of the sections of the Town Code of the Town of Riverhead over which they have jurisdiction. Nothing hereinabove shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the departments, officers or employees identified above. Nothing hereinabove shall be deemed to diminish or restrict the performance of such duties as are vested in and imposed upon the Investigation Unit, Senior Town Investigator, Town Investigator and such other officers or persons employed in the Investigation Unit.

§ 103-23. Statutory authority; supersession of Town Law.

The provisions set forth in this article are enacted pursuant to Town Law §§ 268 and 138 and Municipal Home Rule Law § 10, Subdivision 1(ii)a(1) and 1(ii)d(3), and are intended to supersede Town Law § 65, Subdivision 1.

  • Overstrike represents deletion(s)

  • Underscore represents addition(s)

 

Dated:  Riverhead, New York

           January 18, 2017

BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM, Town Clerk