320.2020 LL 9 of 2020 Establishing Renewable Energy Systems & Facilities Regulations
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: 9 OF 2020 TO AMEND QUEENSBURY
TOWN CODE TO ESTABLISH RENEWABLE ENERGY SYSTEMS
AND FACILITIES REGULATIONS
RESOLUTION NO.: 320, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Amanda Magee
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 9 of
2020 to amend its Zoning Law to establish renewable energy systems and facilities regulations, and
WHEREAS, before the Town Board may amend its Zoning Law, 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 duly referred the
proposed Zoning Law amendments to the Warren County Planning Department which by Project
Review and Referral Form dated August 21, 2020 found that the Project would not create any
significant intermunicipal or countywide impacts to the items identified in General Municipal Law
§239, and
WHEREAS, the Town Board also referred the proposed Zoning Law amendments to obtain a
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recommendation from the Town Planning Board and on September 22, 2020, the Planning Board
reviewed the proposed Zoning Law amendments and adopted a Resolution of recommendation to the
Town Board as favorable subject to clarification of items submitted by staff in a report to the Town
Board, 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, the Town must also obtain approval of the Adirondack Park Agency for the
proposed Zoning Law amendments prior to adoption and by letter dated September 17, 2020, the
APA advised that it reviewed the proposed revised Zoning Law amendments and approved them
pursuant to the terms of the Town’s Agency-Approved Local Land Use Program, and
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WHEREAS, the Town Board duly conducted a Public Hearing on Monday, September 28,
2020 concerning proposed Local Law No. 9 of 2020, heard all interested parties and closed the Public
Hearing, and
WHEREAS, the Town Board, as Lead Agency for the environmental review required under
the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 9 of 2020
and found that no significant adverse environmental impacts are expected to result, and
WHEREAS, the Town Board has considered the conditions and circumstances and wishes to
consider adoption of Local Law No.: 9 of 2020 (the “legislation,”) presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
legislation will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning
and Code Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination of
Non-Significance with respect to the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and adopts Local Law No.: 9 of 2020 –
A Local Law Amending Town of Queensbury Zoning Law to Establish Renewable Energy Systems
and Facilities Regulations in substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to submit approved Local Law No. 9 of 2020 to the New York State Secretary of State for filing, in
accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local
Law will take effect immediately upon filing by the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of approved Local Law No.: 9 of 2020 to the Town Planning
Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning
Department in accordance with §179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Zoning Administrator and/or Town Counsel to take any other actions necessary to effectuate the intent
and provisions of this Resolution.
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Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None