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356.91 RESOLUTION TO ENACT LOCAL LAW NO.: 10, 1991 A LOCAL LAW TO AMENDED THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO AMEND AND ADD A NEW PARAGRAPH CONCERNING STANDARDS FOR LEACHING FACILITIES RESOLUTION NO. 356, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law, entitled, "A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof Entitled, 'Sewers and Sewage Disposal' to Amend and Add a New Paragraph Concerning Standards for Leaching Facilities," and WHEREAS, a copy of the aforesaid proposed Local Law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof Entitled 'Sewers and Sewage Disposal Ordinance' to Amend and Add a New Paragraph Concerning Standards for Leaching Facilities" was previously presented to the Town Board at a time when it also contained provisions pertaining to single family septic systems, and WHEREAS, on June 3, 1991, a public hearing was held with regard to the Local Law as then written which included references to single family septic system, and WHEREAS, following said public hearing, the Town Board of the Town of Queensbury determined that it would be appropriate to delete those portions of the law dealing with single-family septic systems and retain those portions of the law concerning standards for leaching facilities, and then adopted said Local Law, and WHEREAS, the remaining section of the law desired to be adopted by the Town Board of the Town of Queensbury following the public hearing has not in any manner been altered or revised and the Town Board, therefore, determines that it is not necessary to conduct a further public hearing, and WHEREAS, the Town Attorney has advised that the previous resolution of adoption should be rescinded and the Local Law readopted only after the same has been before the Board in final form for seven days or after the supervisor has issued a certificate as to the necessity for immediate passage, and WHEREAS, the Town Supervisor has certified as to the necessity for immediate passage of this Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinded its previous resolution whereby it adopted the Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, after due consideration of the Supervisor's Certificate of Necessity, hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof now entitled "A Local law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof Entitled 'Sewers and Sewage Disposal' to Amend and Add a New Paragraph Concerning Standards for Leaching Facilities," to be known as Local Law Number 10, 1991, the same to be titled and contain such provisions as set froth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Law will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None LOCAL LAW NO. 10, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF ENTITLED SEWERS AND SEWAGE DISPOSAL TO AMEND AND ADD A NEW PARAGRAPH CONCERNING STANDARDS FOR LEACHING FACILITIES BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Chapter 136 of the Code of the Town of Queensbury, Section 136-8 paragraph B is hereby amended to read as follows: B. No component of a leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading, unless same has been approved by a New York State licensed engineer and specifically designed for placement under driveways, roads, parking areas or areas subject to heavy loading. The foregoing shall not be interpreted to apply to absorption fields which shall not be built under driveways, parts of buildings or swimming pools or other areas subject ot heavy loading. Surface waters shall be diverted form the vicinity of the system. Section 2. This Local Law shall take effect immediately as provided by the Municipal Home Rule Laws of the State of New York.