[Derived from Charter Sec. 802(5), (9), (14) and (15)]
Except as otherwise provided in the Charter or by any other
applicable law, the Department of Public Works shall:
A.
Furnish engineering and other services to the County Legislature,
the County Planning Commission and other County departments.
B.
Let all contracts for the construction, maintenance or repair of
County roads and bridges pursuant to the Highway Law and of such other
public works as the County Legislature may direct.
[Amended 3-10-1981 by L.L. No. 13-1981, 12-27-1989 by L.L. No.
3-1990; 6-9-2020 by L.L. No. 23-2020]
C.
Furnish architectural and other services to the County Legislature,
the County Executive, the County Planning Commission and other County
departments.
[Added 10-23-1979 by L.L. No. 31-1979]
D.
Let all contracts for the construction and alteration of County buildings
being authorized by the County Legislature, within the appropriations
provided therefor and pursuant to law. Such contracts shall be executed
by the County Executive on behalf of the County. All furnishings and
equipment therefor shall be purchased pursuant to law by the Suffolk
County purchasing unit.
[Added 10-23-1979 by L.L. No. 31-1979; amended 10-10-1989 by L.L. No.
42-1989]
E.
All contracts authorized pursuant to this section must bear the signatures
of:
[Added 10-10-1989 by L.L. No. 42-1989]
[Derived from Charter Sec. 806]
It shall be the duty of the County Department of Public Works,
as a County charge, to remove snow as rapidly as may be from all highways,
roads, streets, bridges and parking fields under the jurisdiction
of the County.
[Derived from Charter Sec. 808, as added 11-12-1980 by L.L. No.
31-1980; amended 5-19-1998 by L.L. No. 5-1998]
A.
The Commissioner of the Department of Public Works shall plant rows
or groups of suitable trees and/or shrubs along the bounds of existing
County roads or County roads to be constructed in the future, at such
places as he may determine, and may also plant on the banks of such
cuts and fills as were made in constructing, reconstructing or improving
such County roads such shrubs or trees as are necessary and suitable
to prevent or stay erosion thereof. Such trees and/or shrubs shall
be planted in any year in which funds are appropriated for such purpose
by the County Legislature.
B.
The Commissioner may, with the consent of the owner of the abutting
premises, enter upon such premises to plant suitable trees or shrubs
as he may determine as desirable, either for reason of safety or as
replacements for trees and shrubbery lost because of a County road
project, and to maintain such trees and shrubs for a period of at
least two years.
C.
The Commissioner is not required to plant shrubs or trees under the
provisions of this section should such planting already be in existence,
should the soil in any place be too stony for such planting or should
such planting imperil the safety of the public.
D.
The Commissioner of the County Department of Public Works shall,
for every construction project involving the erection and/or installation
of a County building, structure or facility, install one shade tree
for every 50 feet of land at the construction site facing on a road
or street, and/or one shade tree for every 20 parking spaces in a
County-constructed parking lot at such construction site.
E.
Any expenses incurred in carrying out the intent and purpose of this
section shall be within the appropriation of funds as authorized by
the Suffolk County Legislature.
F.
The Commissioner of the County Department of Public Works shall enter
into an agreement to utilize Cornell Cooperative Extension services
for the purpose of implementing the tree and shrub planting.
[Derived from L.L. No.
31-1977; amended 5-8-1979 by L.L. No. 11-1979; 6-9-1981 by L.L. No.
26-1981]
A.
There shall be and hereby is created a Dredging Project Screening
Committee.
B.
The Dredging Project Screening Committee shall be composed of the
following members: the County Executive, the Presiding Officer of
the County Legislature or his designee, one majority member and one
minority member of the County Legislature appointed by the Presiding
Officer, the Chairman of the Public Works and Transportation Committee
of the County Legislature or any successor committee, the Planning
Director, the Commissioner of the Department of Public Works, a representative
from the County Office of Budget and Management, and one representative
from the Council on Environmental Quality appointed by the Council
on Environmental Quality.
[Amended 3-23-2010 by L.L. No. 15-2010]
C.
The purpose and function of the Dredging Project Screening Committee
will be to make preliminary investigations into the feasibility and
desirability of any proposed County dredging projects and to make
findings resulting therefrom. The determination made by the Committee
will be forwarded to the County Legislature, which may reverse the
determination. Unless preliminarily approved by the Committee or the
entire Legislature, no project will be forwarded to the Department
of Public Works for a complete investigation and determination.
[Derived from Res. No.
242-1979; amended 12-23-1986 by L.L. No. 6-1987]
A.
No proposed County dredging project shall be approved by the Dredging
Project Screening Committee nor by the County Legislature unless such
project shall be in the public interest.
B.
A dredging project shall be deemed to be in the public interest if
it supports, advances or enhances the following types of uses, activities
and/or facilities:
(1)
Publicly owned, leased and/or operated marine facilities, including
but not limited to mooring areas, boat basins, marinas, docks and
boat ramps. Boat ramps need not consist solely of paved asphalt but
may be composed of concrete, treated lumber, gravel or crushed stone
extending to the mean low water mark. The parking areas associated
with such a facility must accommodate at least six cars with trailers
and may be composed of smooth grassed area, crushed stone, pavement
or concrete. A public mooring area within an enclosed embayment must
have within its proximity a publicly owned parcel of land fronting
on the embayment permitting public access in order to qualify as a
public purpose.
(2)
Marine commercial uses, including but not limited to boatyards, ship
repair facilities, commercial fishery docks and product transfer sites.
(3)
Industrial, transportation and utility uses, including but not limited
to petroleum product transfer facilities, ferry terminals and power
plants.
(4)
Institutional uses such as education and public safety facilities.
(5)
Recreational uses, including but not limited to boat livery stations,
party boats, charter boats, marinas and yacht clubs open to use by
the general public.
(6)
Reduction of the risk of public health problems based upon a certification
by the Suffolk County Department of Health Services that the public
health will be protected by dredging for the particular year the channel
is proposed to be dredged.
(7)
Open water shoals outside of navigation channels to improve general
navigation.
(8)
Obtaining fill from navigation channels for the purpose of beach
nourishment and shoreline construction.
(9)
Mitigating damage or shoaling caused by the County of Suffolk.
(10)
Reduction of a navigational hazard caused by shoaling at bay-canal
interfaces.
(11)
Improvement of environmental/ecological health and/or marine productivity,
based upon a certification from the Suffolk County Department of Health
Services, Office of Ecology, or the Suffolk County Department of Environment
and Energy. Such determination shall consider factors including, but
not limited to, flow rates, contaminant levels, nitrogen levels, phosphorus
levels, coliform levels, algal growth rates, salinity levels, pH levels,
dissolved oxygen, water temperature, oxygen levels and other such
considerations that may jeopardize the health of the marine ecology
or productivity.
[Added 9-19-2006 by L.L. No. 50-2006]
C.
A dredging project shall be deemed to be in the private interest
in the following circumstances:
(1)
It does not provide direct access to or service for any of the uses or facilities mentioned in Subsection B of this section.
(2)
It provides service solely and exclusively to shoreline homeowners
or a group of homeowners in a civic association, the membership of
which is controlled by a residency requirement, regardless of the
nature of the water body.
(3)
It dredges within privately owned facilities.
(4)
It only maintains privately owned boat slips or basins.
D.
No proposed County dredging project shall be approved by the Dredging
Project Screening Committee nor by the County Legislature unless the
County shall have first conducted soundings or other reliable and
accepted measurements in accordance with normal engineering practices
and procedures of the area to be dredged to determine the estimated
cost of such proposed work.
E.
The specifications accompanying a solicitation for the award of a
contract for dredge services shall require that biodiesel fuel be
employed by dredges in the performance of the dredge project, except
that dredges with a discharge pipe of 16 inches and greater, that
are utilized for deep water operations, are exempt from this requirement.
[Added 4-4-2006 by L.L. No. 25-2006]
[Added 3-28-1989 by L.L. No. 7-1989; amended 6-24-1997 by L.L. No.
19-1997]
A.
No consulting firm retained by the County of Suffolk for the purpose
of designing a County-owned and/or -operated sewage treatment plant
or scavenger waste treatment plant or retained by a municipality receiving
funds from the County of Suffolk, raised by sales taxes or real property
taxes or assessments, for the management and/or operation of a town-
or village-owned sewage treatment plant or scavenger waste treatment
plant shall be utilized for the management and operation of any such
town-, village- or County-owned and/or -operated plants once construction
of the plant is completed and after one year, subsequent to the completion
of the construction of the plant, has elapsed. In the event that the
County Executive declares a public emergency (in writing to the County
Legislature), arising out of or caused by a sudden unforeseen occurrence
or disaster, such as a hurricane, fire, tornado, flood, blizzard,
explosion, airplane crash, earthquake, nuclear war, radiological emergency,
war, civil unrest or disobedience, act of God or comparable event,
then the consulting firm that designed the plant affected by such
emergency may be retained by the County of Suffolk, pertinent town
or pertinent village for the management and operation of said town-,
village- or County-owned and/or -operated plant, one year after construction
has been completed, for a limited period of time not to exceed the
duration of the emergency or three months, whichever period of time
is shorter. Such retention of such a design firm shall, however, be
subject to ratification and approval of the Suffolk County Legislature.
In the case of a town or village receiving aid from the County of
Suffolk for such plants, compliance with the provisions of this subsection
shall be a condition of receipt of such aid.
B.
In the event that the Department of Public Works contracts for the
operation and maintenance of a County-owned or County-operated sewage
treatment plant and/or scavenger waste treatment plant, the contractor
shall be chosen in compliance with procedures set forth in state and
County law governing public bidding.
C.
Any consulting firm or any contractor described hereinabove retained
by the County of Suffolk for the management and/or operation and/or
maintenance of a County-owned and/or County-operated sewage treatment
plant and/or scavenger waste treatment plant shall submit periodic
written reports to the County Department of Public Works and the Chairman
of the Public Works Committee of the Suffolk County Legislature concerning
said firm's management and operation of such plant. The frequency
of said reports, and the information contained therein, shall be as
specified by the Commissioner of the Department of Public Works.
[Added 2-7-2006 by L.L. No. 15-2006]
A.
The Legislature finds and determines it to be in the public interest that public hearings for Department of Public Works' projects, as required by the New York State Eminent Domain Procedure Law, can best be conducted by the Department of Public Works pursuant to Article 2 of said law, and that the Department of Public Works, in order to effectuate the object, intent, and provisions of the New York Eminent Domain Procedure Law, may establish and amend rules and regulations consistent with the provisions of said law, pursuant to Article 7, § 707, of said law.
B.
After the Legislature approves acquisition of an interest in real property for a public works project, the resolution of approval shall delegate unto the Commissioner of the Department of Public Works, and in his or her absence the Chief Deputy Commissioner of the Department of Public Works, the full authority of the Legislature to conduct public hearings and make determinations and findings as to all matters set forth in Article 2 of the New York Eminent Domain Procedure Law.
C.
Public hearings shall be conducted and the notices thereof shall
be published and issued pursuant to §§ 201, 202, 203,
and 204 of the New York Eminent Domain Procedure Law.
D.
The Commissioner of the Department of Public Works, or in his or
her absence the Chief Deputy Commissioner of the Department of Public
Works, shall be deemed a hearing officer with the authority to make
determinations and findings pursuant to § 204 of the New
York Eminent Domain Procedure Law.
E.
The written determination and findings shall be filed with the Clerk
of the County Legislature within 90 days after the conclusion of the
public hearing.
F.
The Commissioner of the Department of Public Works, or in his or
her absence the Chief Deputy Commissioner of the Department of Public
Works, shall publish a brief synopsis of such filed determinations
and findings in at least two successive issues of the official newspapers
and in two successive issues of a newspaper of general circulation
in such locality, and the publication shall state that copies of the
determinations and findings will be forwarded, upon written request,
without cost.
G.
The hearing officer may recommend and permit further field studies
subsequent to the hearing, pursuant to § 205 of the New
York Eminent Domain Procedure Law. The hearing officer may authorize
and permit amendments or alterations to accommodate such field conditions
if deemed necessary, but the Legislature reserves unto itself the
right to approve any changes in the original acquisition maps whereby
additional property is required or whereby the acquisition of properties
approved in the original maps are deleted.
H.
The Commissioner of the Department of Public Works, and in his or
her absence the Chief Deputy Commissioner of the Department of Public
Works, in order to effectuate the object, intent, and provisions of
the New York Eminent Domain Procedure Law, may, from time to time,
make or amend rules and regulations consistent with the provisions
of this section in those instances where such provisions are not expressly
provided in the New York Eminent Domain Procedure Law; and such rules
and regulations or amendments thereto shall be filed with the Clerk
of the Legislature and shall be deemed approved by the Legislature
and become effective 60 days after filing, unless overturned by a
duly enacted resolution of the County of Suffolk.
[1]
Editor's Note: Former § A8-7, Suffolk County Transportation
Board, derived from Charter Sec. 1336, added 11-25-1980 by L.L. No.
30-1980, amended 12-12-1989 by L.L. No. 5-1990, was repealed 4-20-1993
by L.L. No. 16-1993.
[Added 12-18-1990 by L.L. No. 1-1991]
A.
The County Department of Public Works shall tender plans and notify,
by registered mail, all utilities with property which may interfere
with a County construction project that said property must be relocated
from the construction site within 60 days from the date that the Department
tenders such notification.
B.
Any utility which disregards such notification or fails to remove
such property from the construction site within 60 days from such
notification shall be subject to imposition of a civil penalty by
Suffolk County in the amount of not more than $500 for each such violation.
Such a fine shall not, however, be imposed on any utility that cannot
relocate its property due to the failure of another utility to relocate
its property from that of the other; the fine shall be imposed exclusively
on the utility at fault.
C.
In the event that the utility has a bona fide reason for not relocating
its property within the allotted time, the utility shall apply to
the Commissioner of the Department of Public Works, within 60 days
of notification, for a forty-five-day extension. Such an extension
shall be granted at the discretion of the Commissioner.
[Added 2-23-1993 by L.L. No. 7-1993]
A.
The Commissioner of Public Works or his designee is authorized to
promulgate rules and regulations for the dockage of vessels along
the County-owned bulkheading adjoining the Shinnecock Canal.
B.
Any rules or regulations promulgated pursuant to this section shall
be enforced by the County Sheriff, his deputies, members of the Suffolk
County Police Department and any other municipal police department
or law enforcement agency located in Suffolk County having the appropriate
jurisdiction.
C.
Any person violating any rules or regulations promulgated pursuant
to this section shall be guilty of an offense punishable by a fine
not exceeding $200. Each day that such violation exists shall be a
separate and distinct violation.
D.
In lieu of criminal action against any person violating a rule or
regulation promulgated pursuant to this section, a civil penalty in
an amount not to exceed $5,000 may be recovered by Suffolk County
in a civil action with respect thereto.
E.
The Commissioner of Public Works will submit and file said rules
and regulations as promulgated with the Clerk of the Legislature.[1]
[1]
Editor's Note: Former § A8-10, Disposal of surplus
County personal property, added 7-29-2014 by L.L. No. 23-2014, and which immediately followed this section, was repealed 6-9-2020 by L.L. No. 23-2020.
