303. 2018 Res. LL 1, 2018 Change Code & Map Sand Gravel & Topsoil Extraction Heavy Industrial Zones RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2018 TO AMEND
QUEENSBURY TOWN CODE AND TOWN ZONING MAP TO ADD
COMMERCIAL SAND, GRAVEL AND TOPSOIL EXTRACTION TO
RURAL RESIDENTIAL AND HEAVY INDUSTRIAL ZONES
RESOLUTION NO. 303,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, by Resolution No.: 254,2014, the Queensbury Town Board enacted Local Law
No.: 2 of 2014 amending Chapter 179, entitled "Zoning," which, among other things, amended
language and requirements in various locations and made revisions to the Town Zoning Map, including
adding commercial sand, gravel and topsoil extraction as an allowed use in the Rural Residential(RR)
and Heavy Industrial(HI) Zones to the Use Table with a footnote limiting such use in the RR zone to
parcel sites of twenty-five (25) acres or greater, but the language was not added to the text itself in
Chapter 179-10, and
WHEREAS, by Resolution No.: 241,2014, the Town Board determined that such proposed
changes to the Town Code and the Town Zoning Map would not result in any large or important
detrimental impacts and would not have a significant adverse impact on the environment, and
therefore declared a Negative Declaration under the New York State Environmental Quality
Review Act (SEQRA) and authorized the filing of a SEQRA Negative Declaration - Notice of
Determination of Non-Significance for the action, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.:1, of 2018 to
amend its Zoning Law and Map to clarify that commercial sand, gravel and topsoil extraction is an
allowed use in the RR and HI Zones, with such use in the RR Zone to be limited to parcel sites of
twenty-five (25) acres or greater, and
WHEREAS, before the Town Board may amend its Zoning Law and Map, it must hold a
public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law
and the Town of Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the
proposed revised Zoning Code and Zoning Map to the Warren County Planning Department which by
Project Review and Referral Form dated July 18, 2018 found that the Project would not create any
significant intermunicipal or countywide impacts, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the
proposed Zoning Law amendments prior to adoption, and
WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of
Agency regulations, and
WHEREAS, by letter dated July 23, 2018, the Adirondack Park Agency advised that it
reviewed the proposed revised Zoning Law amendments and found that since the proposed
amendments will correct an omission and clarify the review standards as originally intended by the
Town and not otherwise alter the authority of the APA-approved local land use program, the
APA considers such revision to be a technical amendment and therefore formal APA approval is
not required, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public
Hearing prior to the adoption of any Local Law and the Town Board duly held a Public Hearing on
Monday, August 20ffi, 2018 concerning proposed Local Law No.: 1, of 2018 and heard all interested
persons, and
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WHEREAS, the proposed Local Law is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.: 1,
of 2018 to Amend Chapter 179 "Zoning" of Queensbury Town Code and Revise Zoning Map as
described in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions of
the Municipal Home Rule Law and acknowledges that the Local Law will take effect as provided by
law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Clerk and/or Director of Planning, Zoning and Code Compliance to take any and all actions necessary
to effectuate all terms of this Resolution.
Duly adopted this 20ffi day of August, 2018,by the following vote:
AYES Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES None
ABSENT: None
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