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of adoption should be rescinded and the Local Law readopted only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rescinded its previous resolution whereby it adopted the Local Law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.