HomeMy WebLinkAboutLL#4 of 2024 (Public Works)
LOCAL LAW NUMBER #4 OF 2024
A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE TOWN CODE TO
ADD A NEW CHAPTER 80, ENTITLED “DEPARTMENT OF PUBLIC WORKS”
The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated
November 20, 2024, does hereby adopt and pass this Local Law Number #4 of 2024, and
therefore, BE IT SO ENACTED as follows:
SECTION 1 – AUTHORITY: This local law is adopted pursuant to the powers granted
by the Town Law of the State of New York, including but not limited to §§ 20 and 64
therein, and Municipal Home Rule Law § 10, which authorize the Town of Lansing to
adopt local laws providing for the governance and management of town affairs.
SECTION 2 – PURPOSE: The purpose of this local law is to formally organize and create
a Department of Public Works.
SECTION 3 – ADOPTION OF TOWN CODE CHAPTER 80: Town Code Chapter 80 is
added to the Town Code of the Town of Lansing, as follows:
PUBLIC WORKS DEPARTMENT
§ 80-1. Creation of Public Works Department.
§ 80-2. Transfer of Highway Department functions.
§ 80-3. Responsibilities.
§ 80-4. Administrative head.
§ 80-5. Salary of administrative head.
[HISTORY: Adopted by the Town Board of the Town of Lansing 11/20/2024 by L.L. No.4 of
2024. Amendments noted where applicable.]
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§ 80-1. Creation of Public Works Department.
Pursuant to New York State Town Municipal Home Rule Law§ 10(1)(ii)(d)(3)
and New York State Town Law § (21-a) there is hereby created in the Town of
Lansing a Public Works Department.
§ 80-2. Transfer of Highway Department functions.
The functions of the Highway Department of the Town of Lansing are hereby
transferred to the Public Works Department.
§ 80-3. Responsibilities.
A. The Public Works Department’s responsibilities shall include the Town’s
highway functions, along with responsibilities for the construction,
improvement, repair, care, and maintenance of the walkways/sidewalks,
highways, bridges, sluices, waterways, culverts for drainage, water and sewer
infrastructure and facilities, buildings and other related facilities, grounds,
cemeteries, and stormwater facilities of the Town, including stormwater
management. The Public Works Department will collaborate and assist the Park
and Recreation Department with the maintenance of the facilities and grounds
of the Town’s parks, trails and ballfields. The Public Works Department shall
have such other responsibilities, not inconsistent with law, as may be assigned
by the Town Board.
B. In addition, the Public Works Department shall provide all services required
or desirable in order to enable the Highway Superintendent to fulfill any duty
or responsibility imposed upon such official, whether or not in their capacity as
Town Highway Superintendent, by this chapter , or by any other local law,
ordinance, or regulation of the Town, or further by any lawful directive of the
Town Board or any statute or regulation of the State of New York.
C. Notwithstanding the foregoing, this chapter shall not prohibit the Town
Board from providing for construction of any public building, street, highway,
road or other facility by public contract.
§ 80-4. Administrative head.
A. The elected Town Highway Superintendent shall be the administrative head
of the Department of Public Works, shall hold office as such administrative head
for the terms set forth in New York Town Law § 20 Subdivision 4, shall have the
powers and duties of a highway superintendent pursuant to the New York State
Highway Law, Town Law, and other applicable laws and regulations of the
State of New York, and shall have such powers as are necessary for the proper
administration of the Department of Public Works consistent with applicable
laws. The Highway Superintendent’s office shall be in the unclassified civil
service. The administrative head shall also hold the Town’s informal
administrative title of “Director of Public Works,” and they may use the titles
of “Highway Superintendent” and/or “ Highway Superintendent/ Director of
Public Works.”
B. During the absence or inability of the Highway Superintendent to act for any
reason, the Deputy Highway Superintendent will assume the roles, powers, and
responsibilities of the Highway Superintendent as afforded by the New York
State Town Law, Article 7 and 8 of the Highway Law, and any authority, duties,
or powers inferred under this chapter.
§ 80-5. Salary of administrative head.
The salary of the Highway Superintendent/ Director of Public Works shall be
fixed annually by the Town Board, and such moneys shall be paid out of the
general fund of the Town as the Town Board shall direct, as well as from any
improvement or benefit district of the Town pursuant to New York State Town
Law Articles 12, 12-A, and 12-C, including but not limited to § 202-a(7), as well as
appliable provisions of the General Municipal Law and, if so charged to any
benefit or improvement district such charges shall not be or be deemed, in
whole or in part, a charge upon any item of the Highway Fund. The salary may
be shown in any budget or notice relating to such budget under the
classification of either Highway Superintendent or Highway Superintendent
/Director of Public Works.
SECTION 4 – SAVINGS AND SEVERANCE: The invalidity or unenforceability of any
section, subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional must not affect the validity or enforceability of any
other section, subsection, paragraph, sentence, clause, provision, or phrase, which must
remain in full force and effect.
SECTION 5 – CODIFICATION: This local law and Chapter 80 as set forth herein shall
be incorporated into the Town Code, and the incorporator may designate such new
section and numerical headings, or other indexed references, as make for a coherent
Town Code, sequentially numbered or marked. Nothing in this local law is intended to
disrupt or affect the existing Town Code, except to the extent any existing code provision
is herein expressly superseded or repealed. All other provisions of the Town Code are
hereby reaffirmed and continued in force and effect, and the codification of these
amendments shall follow the procedure for amending the code as set forth in the code or
the Town’s local laws, including but not limited to Local Law #2 of 2020.
SECTION 6 – EFFECTIVE DATE: This local law shall take effect immediately.
Passed November 20, 2024