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RESOLUTIONS\LOCAL LAWS&ORDINANCES\Chapter 179-Add Definition of Tree Arborist Landscape Services-
12-21-2020
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO REVISE §179-2-010(C)
"DEFINITIONS" AND TABLE 2: SUMMARY OF ALLOWED USES IN
RESIDENTIAL DISTRICTS
RESOLUTION NO.: , 2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: of
2021 to allow for the addition of Tree Service/Landscape Company uses as allowed by
Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre
(RR-5A) Zoning Districts, and
WHEREAS, before the Town Board may amend the Zoning Code, 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 Code, and
WHEREAS, zoning code changes may be forwarded to the Planning Board for
recommendations in accordance with §179-15-040 of the Town Zoning Law, and
WHEREAS, zoning changes are subject to Warren County Planning Department review in
accordance with§239-m ofNYS General Municipal Law,and
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for
the proposed Zoning Code 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, the Town Board wishes to set a Public Hearing concerning adoption
of this Local Law,
NOW THEREFORE BE IT
RESOLVED, the Queensbury Town Board formally authorizes and directs the
Town Clerk or the Director of Planning, Zoning & Code Compliance to forward copies of
the proposed Zoning Code amendments to the Planning Board for a recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board formally authorizes and directs the Town Clerk or
Town Director of Planning, Zoning and Code Compliance to forward copies of the proposed
Zoning Law Amendments to the Adirondack Park Agency for its review and approval in
accordance with Article 27 of the Executive Law, §807, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk or
Director of Planning, Zoning and Code Enforcement to forward copies of the proposed Zoning
Law Amendments to the Warren County Planning Department for its review and
recommendation, and
BE IT FURTHER,
RESOLVED, that the 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
11 t, 2021 to hear all interested persons concerning proposed Local Law No.: _ of 2021
which provides for certain amendments of the Town of Queensbury's Zoning Code, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
provide the public with at least 10 days'prior notice of the Public Hearing by causing a Notice
of Public Hearing to be timely published in the Town's official newspaper and by posting the
Notice of Public Hearing on the Town's website and public bulletin board at least 10 days
before the date of the Public Hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
send the Notice of Public Hearing, together with copies of the proposed Local Law if
necessary, to any public officials, agencies, municipalities or individuals, in accordance with
New York State Town Law §265 and any other applicable State Laws or Town Code
provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or
Town Director of Planning, Zoning and Code Compliance to take such other actions and give
such other notices as may be necessary in preparation for the Public Hearing and for the Town
Board to lawfully adopt proposed Local Law No.:_ of 2021.
Duly adopted this 2 1"day of December,2020, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS\Chapter 179—Definition-Tree Arborist Landscape Services— 1-11-2021
LOCAL LAW NO. OF 2021
A LOCAL LAW AMENDING TOWN OF QUEENSBURY
ZONING LAW TO ESTABLISH TREE,ARBORIST AND/OR
LANDSCAPE SERVICE REGULATIONS
Be it Enacted by the Queensbury Town Board as Follows:
Section 1. Authority — This Local Law is adopted in accordance with New York Town
Law Article 16 and the Municipal Home Rule Law.
Section 2. Amendment of Section 179 "Zoning" — Chapter 179 of the Queensbury
Town Code, entitled "Zoning," is hereby amended to establish Tree, Arborist and/or Landscape
Service regulations and Table 2 is hereby revised to provide for said use as an allowable use
subject to a Special Use Permit and Site Plan review as noted below.
A. Definitions. §172-1-010(C) is hereby amended to add the following definition:
TREE SERVICE/LANDSCAPE COMPANY - A business that sells services such as
tree/plant removal, pruning, arborist service and landscaping. This service might also
diagnose pest problems or plant diseases, and provide fertilization services. On site
administration and sales office, storage and maintenance of company equipment, temporary
storage of by-products created by business such as logs or wood chips would be typical to this
use. On site processing, such as cutting, trimming, milling, chipping and grinding is not
allowed with this use.
Note: Language in bold italics is new language to be added,
Language with line dr-a.,.., th..,,ugh is old language to be deleted.
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B. Table 2: Summary of Allowed Uses in Residential Districts, is hereby amended to add
"Tree Service//Landscape Company" as permitted by Site Plan Review in the Rural Residential 3
Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts.
Section 3. Severability —The provisions of this Local Law are severable. The
invalidity of any clause, sentence, paragraph or provision of this Local Law shall apply
only to the clause, sentence, paragraph or provision adjudged invalid and shall not
invalidate any other clause, sentence, paragraph or part thereof and the rest of this Local
Law shall remain valid and effective.
Section 4. 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 5. Effective Date — This Local Law shall take effect upon filing by the
office of the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language with line dr-a.,~ thfough is old language to be deleted.
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ZONING
Land Moderate Density Neighborhood Parkland Rural Waterfront
Conservation Residential Residential Recreation Residential Residential
LC-10 PR-10 RR-3
Residential Use Table LC-42 MDR NR PR-42 RR-5 WR
Private school SPR SPR SPR
Produce stand less than 100 square feet PU PU PU PU PU PU
Produce stand greater than 100 square feet SPR SPR SPR SPR SPR SPR
Public or semipublic building SPR SPR SPR SPR SPR SPR
Riding academy SPR SPR SPR
Sand,gravel and topsoil extraction, SUP°
commercial
Sawmill,chipping or pallet mill SUP SUP
Single-family dwelling PU/SPW PU PU PU PU PU
Sportmen's club/firing range SUP
Townhouse SPR
Tree Service/Landscape Company SPR
Veterinary clinic SPR SUP SUP
Water extraction SPR
Allowed within Mobile Home Overlay District;additional regulations apply.
Z Site plan review required for properties within the Adirondack Park.
3 More than one duplex per parcel requires site plan review.
d Limited to parcel sites of 25 acres or greater.
s Class A Marinas not allowed on Glenn Lake,Sunnyside Lake and Dream Lake.
179 Attachment 2:3