137.2010 LL 2 2010 Subdivision of Land
RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2010 TO AMEND
QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER A183
“SUBDIVISION OF LAND” AND REPLACING IT WITH NEW CHAPTER
A183 “SUBDIVISION OF LAND”
RESOLUTION NO.: 137, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and
appointed members to the Planning Ordinance Review Committee (PORC), which Committee’s task
was to review the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive
Land Use Plan, and
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WHEREAS, on May 19, 2005, the PORC adopted a Resolution recommending the hiring of
Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga
Associates) to provide professional planning services to the Town, such services to include the
updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision
Regulations, and
WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of
Saratoga Associates to prepare an update to the Town’s Zoning Code and Map, Subdivision
Regulations and Comprehensive Land Use Plan, and
WHEREAS, Saratoga Associates drafted comprehensive revisions to the Town’s Subdivision
Code (Chapter A183 of the Town Code), and
WHEREAS, on May 17, 2007 the PORC adopted a Resolution forwarding the draft
Subdivision Code revisions to the Town Board for its review and consideration, and
WHEREAS, the Town Board made additional changes to the draft Subdivision Code revisions
and caused the draft revisions to be put into the form of proposed Local Law No. 2 of 2010, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2010 to
repeal current Queensbury Town Code Chapter A183 entitled “Subdivision of Land,” and replace it
with a new Chapter A183 “Subdivision of Land,” and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed revised Subdivision Code and obtain a recommendation from the Warren County Planning
Board before enacting the legislation, and
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WHEREAS, on or about March 10, 2010 the Warren County Planning Board considered the
proposed Local Law and determined that there would be no County impact, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the
proposed revised Zoning Code prior to adoption, and
WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of
Agency regulations, and
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WHEREAS, on or about March 12, 2010 the Adirondack Park Agency considered the
proposed Local Law and approved its adoption by the Town, and
WHEREAS, by Resolution No.: 120,2010, the Town Board determined that this action would
not have a significant adverse impact on the environment, declared a Negative Declaration under
SEQRA and authorized the filing of a SEQRA Negative Declaration Notice of Determination of Non-
Significance, and
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WHEREAS, the Town Board duly held a public hearing on Monday, March 15, 2010 and
heard all interested persons, and
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WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in
form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2010 to
repeal current Queensbury Town Chapter A183 entitled "Subdivision of Land" and replace it with a
new Chapter A183 “Subdivision of Land” as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to send a copy of this Resolution and a copy of the Local Law to the Town Planning Board, Town
Zoning Board of Appeals, Zoning Administrator, County Planning Board and Adirondack Park
Agency in accordance with §179-15-080(D) of the Town Zoning Law; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions of
the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately
upon filing with the Secretary of State.
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Duly adopted this 15 day of March, 2010, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
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