§ 20-36. Powers and duties.

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.

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