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RESOLUTIONS\LOCAL LAWS&ORDINANCES\Chapter 137 Septic Inspection Upon Property Transfer-AMENDMENT t12-12-16-19
RESOLUTION SCHEDULING PUBLIC HEARING
ON PROPOSED LOCAL LAW NO.: 1 OF 2020
AMENDING QUEENSBURY TOWN CODE CHAPTER 137
RESOLUTION NO.: 92019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Local Law No.: 2 of 2018, the Queensbury Town Board adopted its
"Septic Inspection Upon Property Transfer" Law which is set forth at Chapter 137 of the
Queensbury Town Code, and
WHEREAS, by Local Law No. 5 of 2019, the Town Board amended Chapter 137 to add
an additional exemption in cases where property owners and/or prospective purchasers already
know or believe that the on-site wastewater treatment system (OWTS) would not pass inspection
and where the System is to be replaced within six (6) months of the property transfer at issue,
and
WHEREAS, the Town Board wishes to now consider additional amendments of Chapter
137 to clarify requirements pertaining to inspection procedures, minimum septic tank capacity,
holding take components and the circumstances under which the requirements of the Chapter are
inapplicable or subject to waiver,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, January 131n,
2020 to consider proposed Local Law No.: 1 of 2020 and to hear all interested persons, and at that
time may take any other actions authorized by law concerning proposed Local Law No.: 1 of 2020,
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning proposed Local Law No.: 1 of 2020 in the
manner provided by law.
Duly adopted this 16tn day of December, 2019, by the following vote:
AYES
NOES
ABSENT :
Chapter 137—Septic Inspection Upon Property Transfer—Minor Changes— 1-13-20
LOCAL LAW NO.: OF 2020
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 137 "SEPTIC SYSTEMS" ARTICLE I
"SEPTIC INSPECTION UPON PROPERTY TRANSFER"
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
Section 1. Authority — This Local Law is adopted pursuant to Article 16 of the Town
Law and Article 3 of the Public Health Law
Section 2. Queensbury Town Code by replacing Section 137-4 (B)(1) is hereby replaced
with the following:
(1) Prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone where the property utilizes an on-site wastewater
treatment system (OWTS), the OWTS must be inspected by the Town of
Queensbury Building and Codes Enforcement Office (herein referred to as the
"Building and Codes Enforcement Office"). The inspection shall include a septic
tank pump out by a NYSDEC registered septic hauler and all seepage pits and
septic drainfield distribution boxes (D-box) accepting effluent from a septic tank
must be uncovered and opened by the property owner or their agent prior to
inspection. The property transfer inspection and pump out shall be arranged by
the property owner as early in the conveyance of real property process as possible
in order to obtain an accurate and timely assessment of the OWTS. Upon
submission of a complete Application to the Building and Codes Enforcement
Officer and payment of the applicable fee, the property owner must make
arrangements to schedule the inspection with no less than 48 hours' advance
Note: Language in bold italics is new language to be added;
Language with line a,,.,...., thfough is old language to be deleted.
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notice and shall coordinate with the septic hauler to be on site simultaneously.
The cost of the inspection, as set forth in the Town's Fee Schedule Ordinance,
shall be paid to the Town of Queensbury prior to the inspection. Inspections
must be undertaken within one year of the Application or a renewal Application
with payment of the associated fee will be required.
Section 3. Queensbury Town Code Section 137-4 (B)(5)(a) is hereby replaced with the
following:
(a) All septic tanks and holding tanks must be within 250 gallons of the
minimum volume requirement; minimum volume includes bedrooms,
rooms used for sleeping, Jacuzzi tubs and garbage grinders.
Section 4. Queensbury Town Code Section 137-4 (B)(5)(b) is hereby replaced with the
following:
(b) All holding tanks shall be equipped with a float switch with a 50% level
alarm, an4 a 100 o high level alarm located in a conspicuous place to
indicate when pump out is necessary and a water shut-off device. A copy
of pump out records shall be submitted during the inspection prior to
conveyance of real property;
Section 5. Queensbury Town Code Section 137-4 (C)(1) is hereby replaced with the
following:
(1) The property to be sold or transferred will not be inhabited, and the new owner
plans to demolish the existing structure and remove the OWTS within six (6)
months. In order to qualify for the exemption, a notarized affidavit must be
submitted to the Building and Codes Enforcement Office stating that the dwelling
will not be inhabited and that it will be demolished and the OWTS fully removed
within six (6) months. In addition, a check payable to the Town of Queensbury
Note: Language in bold italics is new language to be added;
Language with line drawn4hfeto is old language to be deleted.
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in the amount of $2,000 must accompany the notarized affidavit. Such funds
will be held in a non-interest-bearing escrow account and will be released upon
confirmation that demolition and removal have been timely carried out.
Failure will result in forfeiture of the deposit pursuant to Section 137-4 (C)(6)
unless an appeal to the Town Board is timely made pursuant to Section 137-5,
in which case the Town Board may grant an extension.
Section 6. Severability — The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 7. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed.
Section 8. Effective Date—This Local Law shall be effective upon filing by the New
York State Department of State.
Note: Language in bold italics is new language to be added;
Language with line drawn tiffo gh is old language to be deleted.
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NOTICESWftapter 137—Septic Inspection Law Amendment—1-13-20
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE QUEENSBURY TOWN BOARD WILL
HOLD A PUBLIC HEARING ON MONDAY, JANUARY 13TH, 2020, BEGINNING AT 7:00
P.M. AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY,
NEW YORK, CONCERNING PROPOSED LOCAL LAW NO. 1 OF 2020. THE PROPOSED
LOCAL LAW WOULD AMEND THE TOWN'S "SEPTIC INSPECTION UPON PROPERTY
TRANSFER" LAW SET FORTH AT CHAPTER 137 OF THE TOWN CODE TO CLARIFY
REQUIREMENTS PERTAINING TO INSPECTION PROCEDURES, MINIMUM SEPTIC
TANK CAPACITY, HOLDING TAKE COMPONENTS AND THE CIRCUMSTANCES
UNDER WHICH THE REQUIREMENTS OF THE CHAPTER ARE INAPPLICABLE OR
SUBJECT TO WAIVER.
COPIES OF THE PROPOSED LOCAL LAW ARE ON FILE IN THE TOWN CLERK'S
OFFICE AT 742 BAY ROAD, QUEENSBURY, NEW YORK, AND MAY BE REVIEWED
DURING NORMAL BUSINESS HOURS AND ARE ALSO AVAILABLE ON THE TOWN'S
WEBSITE AT WWW.QUEENSBURY.NET.
PLEASE TAKE FURTHER NOTICE THAT ALL INTERESTED PARTIES WILL
BE HEARD AT THIS TIME AND PLACE.
DATED: ,20_
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY