§ 85-103. Assignment and delegation of powers, functions and responsibilities.

A. 

Legislative intent. Certain powers, functions and responsibilities previously delegated to the Planning Board were not mandated by any statute or other law. The intent of this section is to delegate certain nonmandated powers, functions and responsibilities previously performed by the Planning Board to various boards, departments and officers of the Town of Brookhaven as determined appropriate and in the best interest of the Town by the Town Board. It is not the intent of this section to delegate the following former Planning Board functions out of the Planning Board:

(1) 

Subdivision (including land division and resubdivision) applications.

(2) 

Commercial and residential site plan applications.

(3) 

Any other power or function mandated by Town Law.

B. 

The powers, functions and responsibilities currently reposed in the Planning Board be and hereby remain in the Planning Board, except that the following powers, functions and/or responsibilities are hereby delegated or assigned as follows:

(1) 

Appeals of Chapter 57A (Signs) to the Zoning Board of Appeals to be processed as variances.

(2) 

Tree preservation Planning Board powers to the Commissioner of Planning, Environment and Land Management.

(3) 

Bond default recommendations to the Planning Division.

(4) 

Road improvements on existing mapped roads, establishing road specifications, bond approvals and releases thereon, to the Planning Division.

(5) 

Recommendations to Zoning Board of Appeals on Zoning Board of Appeals applications to the Planning Division.

(6) 

Review and recommendations on change of zone and special exception applications to the Planning Division.

C. 

General severability. If any clause, sentence, paragraph, section or item of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.

D. 

This section shall take effect the date upon which it is filed in the office of the Secretary of State.