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2011-04-18 MTG#12 REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 495 TOWN BOARD MEETING MTG. #12 APRIL 18, 2011 RES. 150-160 7:00 p.m. LL#3 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANEIL STEC COUNCILMAN ANTHONY METIVIER-ABSENT COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH-ABSENT COUNILMAN TIM BREWER ZONING ADMINISTRATOR CRAIG BROWN POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI EAGLE SCOUT AWARD PRESENTATION FOR SEAN MICHAEL LAFLASH Supervisor Stec-It is my honor and privilege tonight to present an Eagle Scout Award to the family of Sean Michael LaFlash. Sean just recently earned his Eagle Scout Award and unfortunately, Sean was the young man that was involved in that fatal ski accident at West Mountain Ski Center earlier this year. I will ask that his family please come up to the dais here and I will present the plaque that he worked so hard for and that he so richly deserves. 1.0 PUBLIC HEARING 1.1 Public Hearing –Determination of Non-Significance Regarding Proposed Rezoning of Certain Lands Owned by Barbara and Joseph Brayton and Local Law To Amend Queensbury Town Code Chapter 179 “Zoning” NOTICE SHOWN PUBLICATION DATE: April 8, 2011 Supervisor Stec-This involves a single tax parcel about thirteen acres located on West Mountain and it is literally straddles the MDR Zoning and the LC-10 Zoning. The property owners desire to be able to have like in the past kept horses. They had them for a little while and they are again now, they discovered that it is not allowed in the MDR Zoning which is moderate density residential which is the vast majority of the towns residential zoning. But, the parcel does straddle and abut the LC-10 acre zoning which is much less intense and does allow for the keeping of animals like a horse. So, they have asked us to consider changing their zoning which is why we have a public hearing for this evening. In our review Councilman Brewer who is champion this along the way, the property is located at 237 Fuller Road, just off West Mountain Road. Also discovered that for the current code it says that in that zone the minimum lot size for keeping of cows and horses is twenty five acres and I think the discussion that he has had with individual Board Members has been that, that is excessive. So, while we consider changing the zoning of this single parcel as the Brayton’s have requested we are also going to consider changing the minimum lot size for cows and horses in that zone from twenty five acres to ten acres. So, it will make it a little more permissive. So, that is the heart of what we are doing here this evening. With that said I will open the public hearing and if there is any members of the public that would like to comment on this proposed rezoning change to the map or to the allowed density I would just ask that you raise your hand and I will call on people one at a time. No one spoke. I will close the public hearing. FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 496 1. Will the proposed action result in physical change to the project site: NO Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Specific land forms: IMPACT ON WATER NO 3. Will proposed action affect any water body designated as protected? Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? NO Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: 5. Will proposed action affect surface or groundwater quality or quantity? NO Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 497 Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? NO Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 498 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 499 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? NO List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? NO Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON PUBLIC HEALTH 18. Will proposed action affect public health and safety? NO Examples that would apply REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 500 Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? NO Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING PROPOSED REZONING OF CERTAIN LAND OWNED BY BARBARA AND JOSEPH BRAYTON AND LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” RESOLUTION NO.: 150, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, in accordance with 6 New York Code of Rules and Regulations ("NYCRR") §617.6, the Queensbury Town Board previously declared its intent to be the Lead Agency under the State Environmental Quality Review Act ("SEQRA") for review of an action consisting of the proposed REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 501 rezoning of a parcel of land owned by Barbara and Joseph Brayton located at 237 Fuller Road, Queensbury (tax map parcel no.: 300.16-1-6) from Moderate Density Residential (MDR) to Land Conservation (LC) – 10 Acres and adoption of a Local Law to amend Queensbury Town Code Chapter 179, “Zoning,” and WHEREAS, the Queensbury Town Board previously notified other Involved Agencies of its intent to be Lead Agency for the SEQRA review of the proposed Local Law, and WHEREAS, although less than 30 days have elapsed since such notifications, all Involved Agency have informed the Town of their consent for the Town Board to be Lead Agency, and the Town Board hereby accepts the role of Lead Agency for the required SEQRA review, and WHEREAS, it appears that the action is a Type I action under SEQRA and, therefore, the Town Board prepared Part 1 of a Full Environmental Assessment Form ("EAF"), and th WHEREAS, on Monday, April 18, 2011 the Town Board held a public hearing regarding the proposed Local Law and rezoning and conducted a SEQRA review of the proposed Local Law and rezoning, and WHEREAS, the Town Board has considered the proposed rezoning, Local Law, reviewed Part 1 of the EAF and completed Part 2 of the EAF, and WHEREAS, the Town Board has determined that the action will not result in any large or important detrimental impacts and, therefore, is one which will not have a significant adverse impact on the environment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the proposed action consisting of the proposed rezoning of a parcel of land owned by Barbara and Joseph Brayton located at 237 Fuller Road, Queensbury (tax map parcel no.: 300.16-1-6) from Moderate Density Residential (MDR) to Land Conservation (LC) – 10 Acres and adoption of a Local Law to amend Queensbury Town Code Chapter 179, “Zoning,” to change the minimum lot size requirements for the keeping of cows, horses or swine from 25 acres to 10 acres within all RR, LC and PR zones, will not have a significant adverse impact on the environment, declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration - Notice of Determination of Non-Significance for this action, and BE IT FURTHER , RESOLVEDthat the Town Board authorizes and directs the Town Clerk to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 502 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner to submit the proposed Local Law, all Tables and the Zoning Map, together with a certified copy of this Resolution, to the Adirondack Park Agency for its formal review and comments, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner to submit the proposed Local Law, all Tables and the Zoning Map, together with a certified copy of this Resolution, to the Warren County Planning Board for its review and comments. th Duly adopted this 18day of April, 2011, by the following vote: AYES : Mr. Montesi, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Metivier, Mr. Strough Discussion held before vote: Supervisor Stec-This will go to the APA, it will come back to us and there will be another resolution approximately a month from now. Councilman Brewer- Then it will be official, we have approved it now we just have to wait for the APA to give it their stamp. 2.0 PRIVILEGE OF THE FLOOR Mr. John Salvador-North Queensbury resident – Re: Trash Plant The issue of the sale of the trash plant is coming up, can we foresee a price increase in our trash? Supervisor Stec-I do not think so, I do not want to guess but I do not think it should be going up. Mr. Salvador-Why not? Supervisor Stec-All the municipal hauls to the burn plant are sixty nine dollars a ton and non municipal hauls are in the forty’s a ton. I would think that we should be able to do better not worse than sixty nine a ton, that is my train of thought. Mr. Salvador-Is it likely that the private hauler rates will go up? Supervisor Stec-I do not know, I do not know if their rates are going to change. Councilman Montesi-I think the overriding issue is that there is a certain amount of volume that they need in order to make money, make electricity and I do not think that they are going to mess around too much with price structure in order to maintain the volume. In fact the volume may be down over the last couple of years. Mr. Salvador-It is down because there are other sources of disposal. Councilman Montesi-Raising the prices will not be a benefit to them, so I think if anything they are going to be more competitive that is a guess. Mr. Pliney Tucker-41 Division Road, Queensbury re: Trash Plant Will they deal with individual towns? Supervisor Stec-The answer is no we are not going to be forced to be stuck with what the County does. It may be to our advantage to stick with the County it may not, but I think we are going to be free to do our own thing. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 503 Mr. Tucker-Re: Sales Tax Do you have information for the first quarter? Supervisor Stec-Up a little bit over last year, it is still lower than it was two, three years ago, but it is better than last year. Councilman Montesi-Even if it is up you have to constantly think that gas is a dollar more a gallon this year than last year and that seven cents for every gallon of gas that is pumped, so if we are up a little bit don’t count on it being retail sales. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION “GREAT STRIDES” WALK-A-THON RESOLUTION NO. 151, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its “Great Strides” walk as follows: SPONSOR : Cystic Fibrosis Foundation EVENT : GREAT STRIDES WALK th DATE : Saturday, May 15, 2011 TIME : 11:00 a.m. PLACE : Beginning and ending at West Mountain (Letter regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 504 th Duly adopted this 18 day of April, 2011, by the following vote: AYES : Mr. Montesi, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Strough, Mr. Metivier RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 152, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant thth Market License to conduct a transient merchant market from June 7 through June 11, 2011 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non-motorcycle products and services in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, and th WHEREAS on March 29, 2011 applicant Kevin Quinn met with Supervisor Dan Stec and Zoning Administrator Craig Brown and acknowledged that while both a helicopter rides operation and an outdoor wood carving use have been approved to operate on this site, neither use would be conducted during the time for which this license is valid, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 505 authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from June 7 through June 11, 2011 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Northeast Realty must comply with all regulations specified in Town Code §160-8; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Zoning Administrator/Code Compliance Officer to send a certified copy of this Resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriff’s Office enforce off-road parking issues on Route 9 and throughout the community. th Duly adopted this 18 day of April, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Montesi NOES : None ABSENT: Mr. Strough, Mr. Metivier Discussion held before vote: Councilman Brewer-Questioned if there was going to be helicopter rides? Supervisor Stec-They are not going to have helicopter rides. Councilman Brewer-The two additional vendors are not going to be there? Zoning Administrator Craig Brown-Not during Americade. RESOLUTION AUTHORIZING HIRING OF JAMES ROBERT SMITH AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO.: 153, 2011 INTRODUCED BY Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Tim Brewer REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 506 WHEREAS, the Town of Queensbury’s Water Superintendent has requested Town Board authorization to hire a part time Laborer to work for the summer for the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of James Robert Smith as a part time Laborer to work for the summer in the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements commencing on or stst about May 1, 2011, and ending on or about October 31, 2011 BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid $13.00 per hour as set forth in Town Board Resolution No.: 57,2011 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of April, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Montesi NOES : None ABSENT: Mr. Metivier, Mr. Strough RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY AMERICAN TOWER CORPORATION RESOLUTION NO.: 154, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, American Tower Corporation (Petitioner) previously commenced an Article 7 Real Property Assessment Review case in 2010 against the Town of Queensbury concerning the assessment on property located at 1 Abbey Lane, Queensbury, identified as Tax Map No.: 302.9-1-29./608, (“Property”), and REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 507 WHEREAS, the Town Assessor has reviewed the case with Town Counsel and has recommended a settlement proposal to the Town Board, and WHEREAS, counsel for the Queensbury Union Free School District advises that District officials will recommend that the School Board approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceeding filed by American Tower Corporation such that the assessment on the Property shall be revised as follows: ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT 2010 $200,000 $148,500 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds, with interest if ordered by the Court, within sixty (60) days after Petitioner serves a copy of the filed Court Order, with Notice of Entry, approving the settlement on the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that in accordance with Real Property Tax Law §727, the Reduced Assessment shall be effective for the 2011, 2012 and 2013 Assessment Rolls unless one of the exceptions to §727 becomes applicable, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 18 day of April, 2011 by the following vote: AYES : Mr. Stec, Mr. Montesi, Mr. Brewer NOES : None ABSENT: Mr. Metivier, Mr. Strough REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 508 RESOLUTION AWARDING BIDS FOR PURCHASE OF: ¾ TON REPLACEMENT CARGO VAN FOR USE BY BUILDING AND GROUNDS DEPARTMENT; ¾ TON TRUCK FOR PARKS AND RECREATION DEPARTMENT AND SINGLE AXLE TRUCK WITH DUMP BODY/SANDER, PLOW FOR HIGHWAY DEPARTMENT RESOLUTION NO. 155, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Resolution No.: 110,2011, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of a new ¾ ton cargo van to replace an existing cargo van in the Building and Grounds Department and a new ¾ ton truck to replace a truck in the Parks and Recreation Department, and WHEREAS, in accordance with Resolution No.: 143,2011, the Purchasing Agent duly advertised for bids for the purchase of a 2004 or newer Heavy Duty Single Axle Truck with Combination Dump Body/Sander, Plow, Wing and all Necessary Hydraulics and Attachments for the Town Highway Department, and WHEREAS, following such advertisements and receipt of bids, all received bids were opened and reviewed by the Purchasing Agent and respective Department Manager, and WHEREAS, Van Bortel Ford, Inc., submitted the lowest responsible bid for the Van in the amount of $16,058.09 and the Facilities Manager and Purchasing Agent have therefore recommended that the Town Board award the bid to Van Bortel Ford, Inc., to be funded from the Capital Reserve #64, and WHEREAS, Basil Ford, Inc., submitted the lowest responsible bid for the ¾ Ton Truck in the amount of $20,405 and the Parks and Recreation Director and Purchasing Agent have therefore recommended that the Town Board award the bid to Basil Ford, Inc., to be funded from the Capital Reserve #64, and WHEREAS, Delurey Sales & Service, Inc., submitted the only, and therefore the lowest, responsible bid for the Heavy Duty Single Axle Truck with Combination Dump Body/Sander, Plow, Wing and all Necessary Hydraulics and Attachments in the amount of $48,975 and the Highway Superintendent and Purchasing Agent have therefore recommended that the Town Board award the bid to Delurey Sales & Service, Inc., to be funded from the Capital Reserve #64, and WHEREAS, the Town Board is authorized to withdraw and expend funds from the Capital Reserve subject to permissive referendum, and NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 509 RESOLVED, that the Queensbury Town Board hereby awards the bid for the new ¾ ton panel cargo van to Van Bortel Ford, Inc.,for an amount not to exceed $16,058.09, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby awards the bid for the ¾ Ton Truck to Basil Ford, Inc.,for an amount not to exceed 20,405, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby awards the bid for the Heavy Duty Single Axle Truck with Combination Dump Body/Sander, Plow, Wing and all Necessary Hydraulics and Attachments to Delurey Sales & Service, Inc.,for an amount not to exceed $48,975, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Increase Appropriation 001-9950-9128-0064 Interfund Transfer by $85,438.09; ? Increase Revenue 001-0000-55031 Interfund Revenue by $36,463.09 ? Increase Appropriation 001-1640-2020 Central Garage by $36,463.09; ? Increase Appropriation 004-5130-2020 Highway Vehicles by $48,975; ? Increase Revenue 004-0000-55031 Interfund Revenue by $48,975; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager, Parks and Recreation Director, Highway Superintendent, Purchasing Agent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution, and REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 510 BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 18 day of April, 2011 by the following vote: AYES : Mr. Montesi, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Metivier, Mr. Strough Discussion held before vote: Supervisor Stec-Noted that these were put out to bid no local bidders. RESOLUTION ENACTING LOCAL LAW NO. 3 OF 2011 TO AMEND QUEENSBURY TOWN CODE CHAPTER A183 “SUBDIVISION OF LAND” RESOLUTION NO. 156, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 3 of 2011 to amend Queensbury Town Code Chapter A183 entitled “Subdivision of Land,” which Local Law would clarify the methods for performing density calculations and provide authority to the Planning Board to alter setback requirements within Conservation Subdivisions, 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 th WHEREAS, on or about April 13, 2011 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 Subdivision 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 REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 511 th WHEREAS, on or about April 15, 2011 the Adirondack Park Agency considered the proposed Local Law and approved its adoption by the Town, and st WHEREAS, the Town Board duly held a public hearing on Monday, March 21, 2011 and heard all interested persons, and WHEREAS, by Resolution No.: 104,2011, 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 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.: 3 of 2011 to amend Queensbury Town Chapter A183 entitled "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. th Duly adopted this 18 day of April, 2011, by the following vote: AYES : Mr. Montesi, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Strough, Mr. Metivier Chapter A183 SUBDIVISION OF LAND REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 512 ARTICLE I General Provisions § A183-1. Plat approval authority; policy; title. A. The Planning Board of the Town of Queensbury is hereby authorized and empowered, pursuant to this chapter and the enabling legislative authority of Article 16 of New York State Town Law, to approve plats showing lots, blocks or sites with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County and to conditionally approve final plats within the Town of Queensbury. B. It is declared to be the policy of the Planning Board to consider land subdivision plats for residential, industrial and commercial uses as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, shall be properly related to the proposals shown on the Comprehensive Land Use Plan and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate to fire protection and to provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds. C. In order that land subdivisions may be made in accordance with this policy, these regulations, which shall be known as and which may be cited as the "Town of Queensbury Land Subdivision Regulations," have been duly enacted by the Town Board on March 5, 2010. D. Nothing in this chapter shall be deemed to supersede, alter, enlarge or impair the jurisdiction of the Adirondack Park Agency, pursuant to the Adirondack Park Agency Act, to review and approve, approve subject to conditions and disapprove subdivisions of land defined therein as "Class A Regional Projects," or otherwise to supersede, alter or impair the statutory functions, duties and responsibilities of the Agency with regard to matters involving a Town in which an Agency- approved local land use program has been validly adopted or enacted, provided that the Adirondack Park Agency cannot, in the context of its Class A Regional Project review, override a local decision not to permit a given subdivision. § A183-2. Compliance required; clearing of land. Whenever any subdivision of land is proposed to be made which is subject to review hereunder and before any land is cleared or vegetation removed, except vegetation removed in connection with required surveying, engineering tests and inspections, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider shall make application for and receive final approval of such proposed subdivision in accordance with the Town of Queensbury Land Subdivision Regulations. No parcel of land may be subdivided which has been clear-cut within the previous five years. § A183-3. Conformance with Comprehensive Land Use Plan. Subdivision plats shall be coordinated so as to compose a convenient system conforming to the Comprehensive Land Use Plan. The lots shown on said plat shall comply with the requirements of the zoning district in which said subdivision is located, and the land shown on such plats shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. § A183-4. Conformance with stormwater management requirements. Subdivisions shall also comply with the provisions of Town of Queensbury Stormwater Management Local Law, Code of the Town of Queensbury, Chapter 147. ARTICLE II Definitions § A183-5. Zoning definitions to apply. 1 Refer to Town of Queensbury Zoning Law Chapter 179 for the definition of all terms used herein. ARTICLE III 1. Editor's Note: See Ch. 179, § 179-2-010. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 513 Environmental Quality Review § A183-6. Coordination. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law (SEQRA) and its implementing regulations, and with New York State Town Law § 276. § A183-7. Sketch plan review. The Planning Board may require that the subdivider include the short-form environmental assessment form (short-form EAF) as part of the sketch plan submittal. If the action is a Type II action, the subdivider shall not be required to submit further information. If the action is Type I or unlisted, the subdivider will be required to submit further environmental information in accordance with SEQRA requirements as part of the preliminary subdivision review application. § A183-8. Preliminary plat review. A. If the action is determined to be Type I or unlisted under SEQRA, the subdivider shall submit the SEQRA long-form environmental assessment form (EAF) as part of the preliminary plat submission. B. The Planning Board shall mail a copy of the completed EAF and application for preliminary plat review to all other involved agencies, including the Adirondack Park Agency, if appropriate, notifying such agencies that within 30 days of the date the application and EAF was mailed, a lead agency must be designated. The Planning Board may indicate in such mailing its desire to be lead agency. C. The Planning Board (if lead agency) shall determine the significance of the action and immediately notify all other involved agencies of its determination prior to the public hearing scheduled for the preliminary plat or, if the Planning Board deems it appropriate in order to receive more information on environmental issues, prior to its decision on the preliminary plat. D. Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. E. If the Planning Board determines that an environmental impact statement (EIS) is required, it shall immediately notify the subdivider and all other agencies involved. F. Because of the extended time required to prepare, submit, review and approve an EIS, the time frames for scheduling a public hearing and making a determination on the preliminary plat are suspended in order to comply with SEQRA time frames. See New York State Town Law § 276 and 6 NYCRR 617.1 et seq. ARTICLE IV Sketch Plans § A183-9. Purpose. A. Before filing an application and before preparing a preliminary plat pursuant to Article V, the applicant may meet with the Town Planning Board at its regularly scheduled meeting to discuss the proposed subdivision in general terms. The applicant should present a sketch plan as required pursuant to this article. B. The purpose of sketch plan review is to provide a cursory review of the proposed subdivision and to receive feedback from the Planning Board prior to incurring the cost of preparing a preliminary plat as well as to make preliminary determinations of the following: (1) The requirements that may apply, if any, pursuant to the State Environmental Quality Review Act. (2) The requirements of the State Department of Health, Department of Environmental Conservation, the Adirondack Park Agency and other state agencies whose approvals may be required by these regulations. (3) The application of clustering, as required under Article X of these regulations. (4) The requirements of local county and Town agencies whose review and/or approvals may be required by these regulations. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 514 (5) The appropriateness of the proposed subdivision layout with regard to the goals and objectives of Town Comprehensive Land Use Plan and other articles of these regulations. § A183-10. Plan details and requirements. A. The applicant shall submit 15 copies of a sketch plan application. Such subdivision sketch plan need not be a survey or be prepared by a licensed professional. B. Such sketch plan shall contain the following elements and information for the purpose of sketch plan review: (1) The sketch plan need not be a survey but should be prepared at a scale and of such accuracy so as to provide a general depiction of the proposal (An enlarged copy of the tax map of the parcel may be used.) and should show: (a) The boundaries of the proposed subdivision. (b) Topographic features, including existing grade contours utilizing existing United States Geological Survey data. (c) General location of existing watercourses, including lakes, ponds, wetlands, streams or intermittent streams. (d) General areas of existing vegetation, including wood lots and individual freestanding trees over six inches diameter at breast height. (e) Approximate areas within the designated one-hundred-year floodplain, as determined by the United States Department of Housing and Urban Development Flood Insurance Program. (f) General location of existing man-made features, including the location and sizes of power lines, pipelines, buildings and structures, storm drains and culverts, wells and septic tanks and fields of adjoining properties. (g) Existing rights-of-way and/or easements across or adjacent to the proposed subdivision. (h) The names and addresses of all applicants, if an individual or partnership, and the names and addresses of principal officers of a corporation. (i) The name and address of the owner(s) of land on which the subdivision is to be located. (j) A location map showing the property included in the proposed subdivision and all contiguous properties of the proposed subdivision and all properties within 500 feet in each direction from the boundary line of the proposed subdivision along any contiguous street or highway. All properties shall be identified by lot and parcel number and names of owners. (k) The location and width of proposed street rights-of-way and pavements. (l) The proposed arrangement and approximate area, width, length and setback requirements of each lot and street pattern for the purpose of demonstrating to the Board that the proposed location of streets allows for lot layout in accordance with the Zoning Law for the zoning district or districts in which the subdivision is located. (m) Additional information. Such additional information and exhibits the developer or the Planning Board may feel necessary to describe the project and its compliance with the requirements of these regulations shall be submitted. (2) Fees. The application for sketch plan approval shall be accompanied by a fee, if any, listed on the current schedule of fees for the Town of Queensbury posted in the Planning Office. § A183-11. Submission and review procedures. A. Submission of sketch plan. If the subdivider desires to receive comment on a proposed subdivision pursuant to the sketch plan review provided in this article and prior to any submission of a preliminary plat pursuant to Article V, the subdivider shall submit to the Planning Board one original and 14 copies of a sketch plan and related elements and information in accordance with § A183-10 above. B. Discussion of requirements and classification. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 515 (1) After submission of a sketch plan, the subdivider shall meet with the Planning Board to discuss the requirements of these regulations, including those relating to street design and construction, placement of utilities, drainage, sewerage, water supply, fire protection and parks and open space areas, as well as the availability of existing services and other pertinent information. (2) If the subdivision is located within the Adirondack Park, the Board shall also determine at this time whether the subdivision shown by the sketch plan is a regional subdivision and thereby subject to the special requirements of Article XII. C. Planning Board recommendations. The Planning Board shall study the sketch plan in conjunction with the maps and information as may be appropriate to determine if the proposed subdivision includes areas where there are severe limitations to development. The Planning Board shall make advisory recommendations which shall be applicable to the proposed subdivision. ARTICLE V Preliminary Plats § A183-12. Purpose. A. The preliminary plat review is the first step in a two-step review process following the sketch plan conference. B. The purpose of the preliminary review is as follows: (1) To ensure that the proposed subdivision meets all requirements of the Zoning Law of the Town of Queensbury and is generally consistent with the Comprehensive Plan. (2) To ensure that the proposed subdivision meets all requirements of Article IX, Design Standards, and other requirements of this chapter and is consistent with the purposes and policies of this chapter. (3) To receive public and agency comments on the proposed subdivision. (4) To ensure that the proposed subdivision addresses all issues raised during the sketch plan conference. (5) To initiate formal review of the proposed subdivision. § A183-13. Plat details and requirements. The applicant is required to submit one original and 14 copies of the preliminary plat application. Such application shall include the following documents and/or information: A. Preliminary plat. The preliminary plat shall be laid out by a licensed professional engineer and/or a licensed professional land surveyor with a properly executed New York State Education Department Exemption N. Such preliminary plat shall be prepared at a scale of one inch equals 50 feet zero inches, clearly showing: (1) The location of all existing and proposed property lines, buildings, watercourses and other important topographic features. (2) Existing and proposed contours showing elevations at two-foot contour intervals and extending at least 100 feet off site. (3) The location, names and widths of all existing and proposed streets, easements, lots and building lines, wells and septic tanks and fields and similar facts regarding property immediately adjacent to or opposite the proposed subdivision. (4) A location map showing: (a) The zoning district or districts in which the land to be subdivided is located; and (b) The property included in the proposed subdivision and all contiguous properties of the proposed subdivision and all properties within 500 feet in each direction from the boundary line of the proposed subdivision along any contiguous street or highway. All properties shall be identified by lot and parcel number and names of owners. (5) The location and size of any existing sewers, water mains, culverts and drain pipes, electric, telephone and cable television lines and proposed sewers, water mains, culverts and drain pipes on the property or immediately adjacent to the property to be subdivided. (6) The proposed arrangement and approximate area, width and length of street frontage and REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 516 setback requirements of each lot for the purpose of demonstrating to the Planning Board that the proposed location of streets makes possible a layout of lots in accordance with the requirements of the Town of Queensbury Zoning Law for the district or districts in which the subdivision is located. (7) All parcels of land proposed to be dedicated to the public use. (8) The date, North arrow and scale. (9) The title under which the proposed subdivision is to be recorded, with the names of the owner and the engineer or land surveyor who prepared the preliminary plat; the license number and seal of the engineer or land surveyor shall be affixed to the drawing. B. Layout plans. Layout plans shall be prepared by a professional licensed engineer or professional licensed land surveyor with a properly executed New York State Education Department Exemption N. Such layout plans shall be incorporated on the preliminary plat and shall show the following: (1) The exact layout and dimensions of proposed streets, including stationing and tie-in to the center-line distances of existing streets with monuments and other points, as required. (2) The location and widths of all streets, pavements, curbs, sidewalks, easements, parks and other open spaces. (3) The proposed names of all streets, and the radii of all curves in the street line. (4) The location of all proposed utilities, including the proposed water supply, sanitary sewers, stormwater drainage system and any other proposed underground utilities. (5) Proposed lot lines. (6) The date, North arrow and scale. (7) The title under which the proposed subdivision is to be recorded, with the names of the owner and engineer or land surveyor who prepared the layout plans; the license number and seal of the engineer or land surveyor shall be affixed to the drawing. C. Construction details. Construction details shall be prepared by a licensed professional engineer or a licensed professional land surveyor with a properly executed New York State Education Department Exemption N. Such details shall include: (1) The proposed sanitary sewer system, including pipe sizes, bedding and profiles. (2) The proposed storm drainage system, including pipe sizes, bedding, catch basin and manhole details, profiles and method of disposal of collected stormwater. (3) The proposed water supply system. (4) Any other proposed underground utilities. (5) A typical cross section of the roadway, including the right-of-way width, pavement width and depth of pavement materials and subbase, the location of utilities, character and dimensions of curbs and sidewalks and side slope grading. (6) Profiles, showing the original ground surface and finished street surface at center lines of all streets, percentage of grades of streets, stationing and elevations of all points of curvature, points of intersection, points of tangency and of proposed sewers, drains, culverts, manholes and other features. Invert elevations and slopes of sewers and drains and both surface and invert elevations of manholes shall be indicated. Profiles shall be drawn to the scale of four feet to the inch vertical and 40 feet to the inch horizontal. The stationing shall show accurate center-line distances. The elevations of the original ground surface shall be to the nearest tenth of a foot and of fixed points to the nearest hundredth of a foot. (7) The location and elevation of all proposed monument locations. (8) The date and scale. (9) The title under which the proposed subdivision is to be recorded, with the names of the owner and engineer who prepared the construction details; the license number and seal of the engineer shall be affixed to the drawing. D. Landscape plan. A landscape plan shall be prepared by a licensed landscape architect for subdivisions greater than 10 lots. Such landscape plan shall include: REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 517 (1) The location and species of street trees, if retained within the right-of-way or proposed to be planted by the subdivider. (2) Details of methods of tree protection and tree planting. (3) Plans and details of any site improvements related to park or recreation planning, including layout, grading, planting and details of any improvements. (4) Plans and details of any other public amenities provided in the subdivision. (5) The date and scale. (6) The title number which the proposed subdivision is to be recorded, with the names of the owner and landscape architect who prepared the landscape plan; the license number and seal of the landscape architect shall be affixed to the drawing. E. Clearing plan. A clearing plan shall be prepared at a scale of one inch equals 50 feet zero inches. Such plan shall show the following details: (1) Existing vegetation prior to any clearing of the site for site investigation purposes. (2) Areas of vegetation removed from the site for investigation purposes. (3) The location of roadways, underground or overhead utilities not in roadways, limits of grading, proposed location of any buildings, septic systems, wells and driveways and any other improvements which might require clearing. (4) Areas where slopes are greater than 20%, as per § A183-26. (5) Limits of proposed clearing of trees. (6) Measures to be taken to protect remaining trees, including details. F. Grading and erosion control plans. A grading plan and erosion control plan shall be prepared at a scale of one inch equals 50 feet zero inches. Such plan shall show the following: (1) A generalized grading and drainage plan (does not require spot grades or slope designation). (2) Any phasing of tree removal and/or construction. G. Environmental report. A long environmental assessment form shall be prepared in accordance with the State Environmental Quality Review Act describing the potential environmental impact of the proposed subdivision. H. Statement of intent. A statement of intent shall be submitted by the applicant. Such statement shall include: (1) Proof of ownership of the land to be subdivided, in a form approved by the Town Attorney. (2) The nature and extent of proposed street improvements. (3) The nature and extent of any recreational features, parks, playgrounds, water supply, sewerage and drainage rights-of-way and easements, retention basins and other land to be dedicated to public use and the conditions under which dedication of these features is to be made to the Town. (4) A statement that the applicant will install all improvements in accordance with the standards prescribed by the departments of the Town having jurisdiction, and set all monuments as shown on the final plat thereof in such manner as the Board may designate. I. A stormwater management plan and a stormwater pollution prevention plan consistent with the requirements of Chapter 147, Stormwater Management. J. Fees. (1) The application for preliminary plat approval shall be accompanied by a fee listed on the current schedule of fees for the Town of Queensbury posted in the Planning Office. (2) In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of the legal and technical assistance to the Planning Board. K. Waivers. If the Planning Board finds that any of the information requirements as set forth above are inappropriate or not necessary to conduct an informed review, it may waive such information REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 518 requirements as it deems appropriate. Any such waiver shall be made in writing, and shall contain statements of the reasons why the waived information requirements are not necessary for an informed review under the circumstances. The Planning Board may grant such waivers on its own initiative or at the written request (that sets forth the specific requirements that are requested to be waived and the reasons for the requested waiver) of an applicant. § A183-14. Submission and review procedures. A. Application. (1) Unless otherwise agreed upon by the Planning Board and the subdivider, the subdivider shall submit an application for preliminary plat review within 12 months after the sketch plan discussion. (2) The subdivider must submit to the Planning Board, at least 21 days before the regularly scheduled Planning Board meeting, one original and 14 copies of the preliminary plat application, including all drawings, fees and reports as set forth in the previous section. (3) The Planning Board, at its regular monthly meeting, shall review and determine the completeness of an application for preliminary plat approval. The date of the official submission of the preliminary plat shall be considered to be the date on which the Planning Board determines that the application is complete, is in compliance with the requirements of § A183-8F and payment of the required fees has been made to the Planning Board. B. Extent of preliminary plat. The preliminary plat shall include the entire subdivision, including all phases of development as presented and discussed during the sketch plan conference. If additional land is proposed to be subdivided or if the proposed preliminary plat is substantially altered from the sketch plan, the applicant shall be required to resubmit a sketch plan for discussion with the Planning Board showing the full extent of the new subdivision prior to submitting such subdivision for preliminary plat review. C. Public hearing. Within 62 days after the date of official submission of the preliminary plat, the Planning Board shall hold a public hearing which shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such a manner as it deems most appropriate for full public consideration of such preliminary plat. D. Notice. The subdivider shall display prominently on the subject property, for 10 days preceding the date of the public hearing, at least one sign, two feet by three feet in size and carrying a legend prescribed by the Town Planning Board, announcing the public hearing. The sign shall be in full public view from the street pavement and shall be legible from the street. If the property is bounded by more than one street, a sign shall be placed on each street that bounds the property. E. Notice to adjacent municipalities. Pursuant to General Municipal Law § 239-nn, whenever an application involves property that is located within 500 feet of an adjacent municipality, notice of the public hearing on said application shall be given by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to such hearing. For purposes of this section, an adjacent municipality is a city, town or village which has a portion of its boundary that is contiguous with the Town's boundaries. Such adjacent municipality may appear and be heard at such public hearing. F. Study of preliminary plat. (1) The Planning Board shall study the preliminary plat, taking into consideration the provisions of these regulations. Particular attention shall be given to the arrangement, location and design of streets and their relation to topography, water supply, sewage disposal, drainage, lot sizes and arrangement, the placement of utilities, the future development of adjoining lands as yet unsubdivided, and the requirements of the Zoning Law, the policies and recommendations of the Comprehensive Plan and the requirements of the State Environmental Quality Review Act. (2) Prior to approval of the preliminary plat, the Planning Board shall submit copies of the preliminary plat to the appropriate Town departments, the County Planning Department and the Adirondack Park Agency, if required, for their review and comment. G. Action on preliminary plat. (1) The subdivider or his duly authorized representative shall attend the public hearing and the meetings of the Planning Board to discuss the preliminary plat. Within 62 days after the completion of the public hearing, the Planning Board shall approve, with or without REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 519 modification, or disapprove such preliminary plat. This time period may be extended by written agreement of the subdivider and the Planning Board. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing such modifications, if any, as it deems necessary for submission of the plat in final form. Within five business days of the approval of such preliminary plat, it shall be certified as having been granted preliminary approval and a copy filed in the Town Clerk's office, a finding sheet mailed to the owner and a copy forwarded to the Town Board. A copy of the resolution shall be mailed to the owner. Failure of the Planning Board to act within such 62 days or otherwise agreed-upon period shall constitute approval of the preliminary plat. (2) When granting approval of a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to: (a) The modifications to the preliminary plat; (b) The character and extent of any required improvement for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals and general welfare; and (c) The amount of improvements or the amount of all bonds therefor which it will require as prerequisite to subdivision plat approval. (3) Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather, it shall be deemed an expression of approval of the layout of lots, streets and design submitted on the preliminary plat and as a guide to the preparation of the subdivision plat. ARTICLE VI Final Plats § A183-15. Purpose. A. The final plat review and approval is the second step in a two-step review process. B. The purpose of the final plat review is as follows: (1) To ensure that the proposed subdivision meets all state and local regulations related to provision of public services. (2) To ensure that the proposed subdivision addresses all issues raised during preliminary plat review. (3) To receive additional public comment when the Planning Board deems it necessary. (4) To facilitate the orderly approval of phases of the proposed subdivision. (5) To review and approve all proposed easements, deed restrictions and other such features of the proposal. § A183-16. Plat details and requirements. The applicant is required to submit one original and 14 copies of the final plat application. Such application shall include the following documents and/or information: A. Final plat. The final plat shall be laid out by a licensed professional engineer with a properly executed New York State Education Department Exemption N or a licensed land surveyor. Such final plat shall be prepared at a scale of one inch equals 50 feet zero inches, clearly showing: (1) The bearing and length of all straight lines and the radii, lengths and central angles of all curves along all property and street lines. (2) The area of each lot in square feet or in acres, if such lot is larger than one acre. (3) The connection by proper measurement between street center lines where such streets are not straight across an intersecting street, both within the subdivision and where opposite existing streets or subdivisions. (4) A system of monuments to be located at all corners of intersections and angle points. (5) The building setback lines for each lot. (6) Fire and school district boundaries within the subdivision area. (7) Existing zoning, with the location of any district boundaries within 200 feet of the property REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 520 to be subdivided. (8) The boundaries of the property, the lines of proposed lots, streets and parks, and the lines of all adjoining streets, their names and exact survey locations. (9) The names of all subdivisions immediately adjacent and opposite or, if not subdivided, the names of the owners of record of adjacent and opposite property. (10) A statement that the plan is in compliance with the Town of Queensbury Zoning Law. (11) A statement reading as follows: "Approved under authority of a resolution adopted __________ by the Planning Board of the Town of Queensbury, New York. __________, Chairman." (12) A title block, showing the name of the subdivision, the owner, the scale, the date and North point. (13) A certificate of the licensed engineer and/or land surveyor making such plan to the effect that the plan is correct and made from an actual survey; the license number and seal of the engineer and land surveyor shall be affixed to the drawing. B. Endorsement of state and county agencies. Evidence shall be supplied that any proposed water supply and sewage disposal facilities associated with the subdivision plat requiring approval by the Department of Environmental Conservation and/or New York State Department of Health have received at least preliminary approval(s) of such facilities and that any special district extensions required have been authorized by the Queensbury Town Board. Any proposed water supply and sewage disposal facility shall meet the Town of Queensbury design and construction standards for 2 such facility. The plat shall not be stamped approved until all state- or county-required approvals for each lot of the subdivision have been received in writing by the Planning Board. C. Other plans and reports. Other plans and reports shall be submitted as follows: (1) A planting plan illustrating species and location of proposed tree planting. (2) A tree clearing plan illustrating areas and methods of protection of existing trees to remain. (3) An erosion control plan illustrating methods and location of erosion control devices and schedule of maintenance of such devices and other actions to reduce erosion. (4) A stormwater management plan and a pollution prevention plan consistent with the 3 requirements of Town of Queensbury Stormwater Management Local Law, and with the terms of preliminary plat approval. (5) Construction plans showing grading and other site improvements and details of those site improvements. D. If the subdivision is to include any protected open space, all appropriate easements, deed covenants, conditions and restrictions approved by the Planning Board and/or the Town Attorney related to such protected lands. E. Homeowners' association or condominium agreements. If the subdivision is to be managed by a homeowners' association or condominium, copies of their regulations and agreements, indicating any restrictions required by the Planning Board, shall be submitted. If the subdivision is to be sold fee simple, copies of deeds indicating any restrictions required by the Planning Board shall be submitted. F. Streets, recreation land or open space. (1) The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of dedication to the Town shall be presented prior to plat approval. Formal offers of dedication to the Town of all streets and parks, not marked on the plat with notation to the effect that such dedication will not be offered, shall be filed with the Planning Board prior to plat approval. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks, or any of them, is made to the public, the filing of the plat in the office of the County Clerk or register shall constitute a continuing offer of dedication of the streets, highways or parks, or any of them, to the public, and said offer of 2. Editor's Note: See Ch. 136, Sewers and Sewage Disposal, and Ch. 173, Water. 3. Editor's Note: See Ch. 147, Stormwater Management. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 521 dedication may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent. (2) The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. If the Town Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require, as a condition to approval of any such plat, a payment to the Town of a sum to be determined by the Town, which sum shall constitute a trust fund to be used by the Town Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. The Planning Board may require the filing of a written agreement between the applicant and the Town Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area. G. Fees. (1) The application for final plat approval shall be accompanied by a fee as established by the Town Board by resolution and as listed on the current schedule of fees for the Town of Queensbury posted in the Planning Office. (2) In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of the legal and technical assistance to the Planning Board. § A183-17. Submission and review procedures. A. Application. (1) Unless otherwise agreed by the Planning Board and the subdivider, approvals for subdivisions of more than 35 lots shall be phased pursuant to Article XI. The subdivider shall submit an application for subdivision within six months after preliminary plat approval. If the subdivision is to be completed in phases, the subdivider shall submit such an application for the first phase (maximum 35 lots) within six months after preliminary plat approval. Failure to do so within such time period may require resubmission of the preliminary plat to the Planning Board. The application shall be on a form provided by the Planning Board and shall include elements described in this article, and the plat shall conform to the preliminary plat as modified by the Planning Board, if such preliminary plat was approved with modifications. The application and fee must be submitted to the Planning Board at least 21 days before the regularly scheduled Planning Board meeting. (2) The Planning Board, at its regular monthly meeting, shall review and determine the completeness of an application for final plat approval. The date of the official submission of the final subdivision plat application shall be considered to be the date on which the Planning Board determines that the application is complete and payment of the required fees has been made. B. Extent and character of final plat. Review and approval of the final plat shall include a maximum of 35 lots, whether or not the subdivision is to be completed in phases. The final plat shall be in substantial agreement with the preliminary plat approved under Article IV of these regulations and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modifications. C. Additional or second public hearing. Within 62 days of the date of official submission of the subdivision plat for approval, the Planning Board shall require a public hearing and re-open the SEQR review if said plat is substantially different from the preliminary plat. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Article IV and modified in accordance with requirements of such approval, if such preliminary plat was approved with modification, the Planning Board shall waive the requirement for such public hearing. D. Notice. If the Planning Board requires a public hearing, the subdivider shall comply with §§ A183- 13J and A183-14D of this chapter. E. Action on subdivision plat. (1) Within 62 days of the date of official submission of a subdivision plat if no hearing is held or, REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 522 in the event that a hearing is held, not more than 62 days after the completion of such hearing, the Planning Board shall, by resolution, conditionally approve, disapprove or grant final approval and authorize the signing of such plat. This time period may be extended by written agreement of the subdivider and the Planning Board. Failure to take action on a final plat within such time period shall constitute final approval of the plat. (2) Upon granting conditional approval of the final plat, the Planning Board shall empower a duly designated officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five business days of such resolution, a certified copy of the resolution shall be mailed to the subdivider. Such requirements, when completed, will authorize the signing of the conditionally approved final plat. All conditions of approval shall be noted on the final plat. Upon completion of such requirements to the satisfaction of the duly designated officer of the Planning Board, the plat shall be deemed to have received final approval, and the Chairman of the Planning Board shall sign the plat accordingly. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such extension is warranted in the circumstances, for one or two additional periods of 90 days each. (3) The final plat shall show the exact location and depth of sewer and water service. It shall also set forth the exact layout and dimensions of proposed streets with the street names and house numbers. (4) Final approval of the subdivision plat shall be limited to that phase of the development approved by the Planning Board. F. Plat void if revised after approval. (1) No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and a duly designated officer thereof has signed the plat, unless: (a) Such plat is first resubmitted to the Planning Board and such Board approves, in writing, any modifications; or (b) Minor changes, subject to the following conditions, are approved by the Zoning Administrator. Minor changes shall be limited to lot line adjustments that meet the following criteria: [1] Adjustments that do not increase an existing or create a nonconforming area condition; [2] Adjustments that do not increase the total number of lots in an approved subdivision; or [3] Adjustments that do not affect the location, function or maintenance of any existing or proposed public infrastructure or any existing or proposed private stormwater management system or device; or [4] Within the Adirondack Park, the adjustments do not involve wetlands to the extent the lot line change would not require an Adirondack Park Agency permit as Class A regional permit. (2) In the event that any such modified or revised subdivision plat is recorded without complying with these requirements, such recording shall be null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk. G. Final approval and filing. (1) Upon receiving final approval pursuant to this article and being properly signed by the duly designated officer of the Planning Board or upon receiving a certificate from the Town Clerk as to the Planning Board's failure to act within the prescribed time period, a subdivision plat may be filed or recorded in the office of the Clerk of Warren County. (2) Any subdivision plat not so filed or recorded within 62 days of the date of such final approval shall become null and void. In addition to such filing or recording, in the case of a Class B regional subdivision within the Adirondack Park, a copy of the permit issued under Article XII shall be recorded by the subdivider, within 60 days, in the Adirondack Park Agency REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 523 Regional Project Permit Book in the office of the Clerk of Warren County. ARTICLE VII Construction § A183-18. Purpose. A. The construction of the subdivision shall proceed in accordance with the final plat approval. B. Requirements of the subdivider during construction are herein stated for the following purposes: (1) To ensure that the subdivision is constructed in accordance with all plans and details submitted and approved under Article VI, Final Plats, of these regulations. (2) To ensure that the proposed subdivision meets all requirements of Article IX, Design Standards, of these regulations. (3) To ensure the public health, safety and welfare during the construction of the subdivision. (4) To finalize all agreements, transfer of land and improvements to be dedicated for public use. § A183-19. Requirements. A. Availability of plans. During construction operations, the subdivider shall maintain a copy of the approved drawings on the site. Such plans will be used for the review of work in process. If such drawings are not available on-site, construction may be stopped until such time as the subdivider can provide and maintain the appropriate plans at the construction site. B. Construction sequence. Prior to installation of road pavement, the developer shall, at his own cost and expense, cause to have installed utilities and services, including storm drains, sanitary sewers and underground electric, cable television, telephone and gas lines, including laterals to the property lines or storm or sanitary sewer. C. Signing. (1) Street signs shall be installed as soon after beginning of construction of the road as possible to ensure proper inspection and for identification by emergency vehicles, especially fire trucks and ambulances. (2) Prior to constructing any buildings, each lot shall have posted, visible from the public road, the lot and block number to ensure proper inspection and identification for emergency vehicles, especially fire trucks and ambulances. (3) Street signs shall conform to Town Highway Department specifications and must be approved by the Highway Department prior to purchase. D. Review by Town officials. The Zoning Administrator and Highway Superintendent shall act as agents to the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. Each phase of road construction, including but not limited to water, sewer and drainage, must be inspected by the appropriate department, and each phase must be inspected and approved by the appropriate department head before commencement of any subsequent phases. At least one days notice must be provided prior to inspection. E. The applicant shall pay the Town's costs of inspection before the subdivision plat is signed for filing as set forth in fee schedules determined by the department staff and authorized and approved by the Town Board. The Planning Board is authorized to contract for professional inspections and/or a licensed professional engineer and shall be reimbursed by applicant. All payments must be made prior to the Town Board's consideration of dedication. If the Town Engineer, Highway Superintendent, the Water Superintendent, Wastewater Supervisor or the Zoning Administrator find, upon inspection, that any of the required improvements has not been constructed in accordance with Planning Board recommendations or the approved construction plans or details, the applicant and the bonding company, if any, will be severally and jointly liable for the costs of completing such improvements according to specifications. F. Professional certification upon completion. (1) Within 30 days after completion of construction set forth in the plans and specifications for the plat, and not less than 21 days prior to submission to the Town Board for acceptance of dedication, the professionals designing the same shall furnish to the Planning Board a certification to the Town of Queensbury that the construction, installation and/or work was performed in accordance with the plans or specifications approved by the Planning Board. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 524 (2) Where the professional designing the plat does not issue such certification, the owner, contractor or subdivider shall provide to the Planning Board satisfactory explanation for the change in professionals and certifying the work performed to the Town. G. Monuments. (1) A system of permanent monuments shall be located at all corners of all lots, intersections and angle points after the subdivision improvements are completed. Such monuments shall be installed by the engineer or land surveyor during the performance of the field work. (2) Monuments at intersections and angle point of streets shall be substantial granite posts with a cross on top, or concrete posts four inches square. Monuments shall be accurately set, not less than three feet in the ground. Monuments at the corners of lots not coincidental with the street corners shall be iron rods set accurately not less than three feet in the ground. H. Driveway permits. A driveway permit shall be required for all lots to be developed in the subdivision. I. Record drawings. Prior to release of any funds in escrow or moneys or commitments held by the Town to the subdivider, approved record drawings conforming to construction records shall be submitted to the Town Planning Office. Such drawings shall be reviewed, approved and signed off by the Highway Department (for drainage), Water Department (for water), Wastewater Department (for sewer) and the Zoning Administrator. § A183-20. Procedures. A. Preconstruction conference. Once the subdivision plat has been filed and prior to any clearing, demolition or excavation on the subdivision site, the subdivider or his authorized agent shall meet with the Town officials to discuss Town requirements, scheduling, inspection procedures and other issues pertinent to the construction phase of the subdivision as set forth in this article. The Zoning Administrator shall coordinate such preconstruction conferences. B. Variance from plans. (1) If, upon inspection, any required improvements are not able to be constructed in accordance with the approved plat or construction plans or details to the extent that the lot lines of the subdivision will be altered or where construction cannot be completed in accordance with the design standards established under Article IX of these regulations, the subdivision shall be resubmitted to the Planning Board for review and approval under Article VI, Final Plats, and approval of these regulations. (2) In the event that any such modification is constructed without Planning Board or Zoning Administrator approval, the plat approval shall be deemed null and void and the Town shall institute proceedings to have the plat stricken from the records of the County Clerk. C. Public streets, sanitary sewer infrastructure, parks and recreation uses. (1) Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not constitute an acceptance by the Town of a street or road in accordance with Article IX, Design Standards, and other Town standards related to the construction of roads and highways. Before the Town accepts the street or road, the Town Highway Superintendent shall review such road or street and make recommendations to the Town Board for acceptance. (2) Public acceptance of sanitary sewer infrastructure. The approval by the Planning Board of a subdivision plat shall not constitute an acceptance by the Town of sanitary sewer infrastructure in accordance with Article IX, Design Standards, and other Town standards related to the construction of sanitary sewer infrastructure. Before the Town accepts the sanitary sewer infrastructure, the Town Wastewater Superintendent shall review such infrastructure and make recommendations to the Town Board for acceptance. (3) Ownership and maintenance of parks and recreation areas. When a park, playground or other recreation area or open space shall have been shown on a plat, the approval of the plat shall not constitute an acceptance by the Town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a declaration of dedication for any such area which shall dedicate that area for the common use approved by the Town Board, which declaration shall be recorded in the Warren County Clerk's office at the developer's expense. Such common area shall be assessed from the time of filing of the approved subdivision plat to all REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 525 parcels in the plat benefiting therefrom. (4) Title insurance and fees. A title insurance policy shall be required for all lands to be dedicated to the Town. The subdivider shall be required to pay any and all deed recording fees and taxes required for the transfer of property. (5) See Article VIII, Public Streets, Sanitary Sewer Infrastructure, Parks, Open Spaces and Natural Features, for requirements and procedures in making an offer of dedication of required improvements. ARTICLE VIII Public Streets, Sanitary Sewer Infrastructure, Parks, Open Spaces and Natural Features § A183-21. Streets. 4 A. The Zoning Law of the Town of Queensbury provides that no building permit shall be issued for any lot or parcel of land that does not front on a public roadway. The Town Board shall not accept any roadway shown on an approved subdivision plat except when the same is built per the specifications as determined by the Highway Superintendent. The Town Board may also decline to accept dedication of any street or road for any reason. However, where the subdivider has constructed a roadway, including the binder, per the specifications hereof, except for application of surfacing materials, the Town Board may accept the offer of dedication if the subdivider files with the Town Accounting Office a cashier's check covering the cost of satisfactorily completing construction of the subject road along with an escrow agreement in a form acceptable to the Town. Such cashier's check shall be deposited by the Town Fiscal Officer in an interest-bearing account. Notwithstanding the above, in extraordinary circumstances, upon the recommendation of the Town Accounting Office and Town Board approval, a letter of credit may be used. B. The Town Board shall, in considering an offer of dedication of a street, roadway or infrastructure, have the right to reject the same if all other municipal improvements concerning the lots fronting on said roadway are not also complete, for reasons of public safety, municipal finance or for any other reason that it deems appropriate. C. In making an offer of dedication of a roadway, the subdivider shall submit the following documents to Town Counsel not less than seven days prior to the meeting of the Town Board at which such offer is to be considered: (1) A policy of title insurance acceptable to Town Counsel insuring the fee interest of such roadway to the Town of Queensbury in an amount determined by the Highway Superintendent. (2) A copy of a survey of the proposed roadway certified to the Town of Queensbury by the professional preparing the same. (3) Continued tax search of the subject premises. (4) Written review of the Highway Superintendent. (5) Written review of the Water Superintendent. (6) Written review of the Director of Wastewater, if applicable. (7) Written review of the Zoning Administrator. (8) If the grantee is a corporation, a franchise tax search or report, certificate of good standing and corporate resolution authorizing the road dedication. (9) Completed environmental assessment form, if necessary. (10) Completed real property forms, combined real estate transfer tax return and credit line mortgage certificate (TP-584) and real property transfer report (RP-5217). (11) Releases, if necessary, from mortgages, encumbrances, etc., and/or other documentation deemed necessary by Town Counsel, to protect the Town's title to the property. (12) Original, fully executed deed. If the Town Board accepts the offer of dedication, the subdivider shall record the deed and any other related documents with the Warren County Clerk and pay all associated recording and title insurance fees. (13) If surfacing material has not been applied, then a cashier's check, in an amount 4. Editor's Note: See Ch. 179, Zoning. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 526 recommended by the Town Highway Superintendent, to cover the cost of satisfactorily completing construction of such roadway, a signed escrow agreement and an affidavit signed by the subdivider agreeing to complete surfacing of the roadway by a particular date within two years of acceptance of the dedication or after the base course has been installed and at least 2/3 of the lots in the subdivision or phase are built upon, whichever is earlier. Said subdivider shall bear the expense of any paving cost overruns if the cashier's check on deposit with the Town, with accrued interest, is insufficient. If any amount of money remains after surfacing is satisfactorily completed, the Town shall refund such money, plus accrued interest, to the subdivider. (14) Such other documents as may be requested by the Town Highway Superintendent. D. No offer of dedication of a roadway shall be considered by the Town Board until the entire area to be dedicated to the Town is clear of any and all construction material, fill, equipment and other obstructions. No items whatsoever may be placed within the area dedicated to the Town following acceptance of such dedication. E. Submissions; site inspection. (1) In making an offer of dedication of sanitary sewer infrastructure, the subdivider shall submit the following documents to the Town Deputy Director of Wastewater not less than 21 days prior to the meeting of the Town Board at which such dedication is to be considered: (a) A copy of the engineer-certified sewer main air test. (b) A copy of all videotapes and field logs of the CCTV internal pipe inspections. (c) Set of "as-built" plans with pipe profiles, lateral ties, manhole inverts, manhole pipe "in" and "out" inverts, easements, etc., certified by a New York State licensed engineer. (d) Set of pump station equipment manuals. (e) Signed easements and/or deeds for all sanitary sewer infrastructure along with proof of title acceptable to Town Counsel. (These must also be submitted to Town Counsel at such time.) (f) Such other documents as may be requested by the Town Supervisor of Wastewater. (2) Once this information is received, the Wastewater Department will schedule a site inspection. All "punch list" items must be addressed at least 10 days prior to the Town Board meeting at which the dedication will be considered. § A183-22. Parks, open spaces and natural features. A. Purposes. The purpose of this section is to provide an equitable and effective development standard for securing adequate land for parks, playgrounds and open space recreation uses in subdivisions throughout the Town of Queensbury. B. If any part of this section is found to be inconsistent with New York Town Law § 277(1), L.1992, Ch. 727, § 2, the Town of Queensbury hereby declares its intention to supersede New York Town Law § 277(1) under its home rule powers. C. Land dedication. The subdivider proposing land dedications shall file with the Town Board a plat detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the subdivider on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the subdivision. Such area or areas may be dedicated to the Town by the developer if the Town Board approves such dedication. All lands designated on the plat as park, playground or other recreation area not in Town ownership shall be subject to such conditions as the Planning Board may establish, such as hours of operation, access to the general public and use and maintenance of such lands as deemed necessary to assure the preservation of such lands for their intended purposes. Such conditions shall be shown on the plat prior to plat approval and recording. The Planning Board shall consider the following in determining the suitability of the reserved land for recreational purposes: (1) The size and shape of the reserved land. (2) Whether the land is usable land, which for purposes of these regulations shall be taken to mean land that is relatively level and dry. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 527 (3) The location of the reserved land, i.e., whether the land is: (a) Located in an area which is heavily populated. (b) Near other recreation areas. (c) Near other recreation areas providing the same type of recreation. (d) In a location which will provide a safe and accessible recreation area for Town residents. D. Fee in lieu of land. (1) When requested by the subdivider or in cases where the Board finds that, due to the size, shape, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, the Town Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition of approval of the plat a payment of recreation fees in lieu of land pursuant to § 124-7 of Chapter 124 of the Code of the Town of Queensbury, Parks and Recreation Areas, in such an amount to be set by the Town Board and for such purposes as set forth in § 124- 10 of Chapter 124. (2) In any case, the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreation purposes. E. Nothing in this section will be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. F. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee- in-lieu-thereof requirements. ARTICLE IX Design Standards § A183-23. Introduction. A. These standards are issued as guides for design and construction of facilities by private developers. They are formulated so that all facilities may eventually be accepted for maintenance by the Town. Within this objective, adequate design life, ease of operation and maintenance and standardization have been given primary consideration. Each facility shall be designed and constructed as part of a future complete system. B. Any standard or specification referred to shall be understood to be the current version of that standard or specification. The Board may require higher standards where it believes they are justified. The Board will also consider approval of a design or construction method which is not included in these standards. C. The list of approved material is under constant review by the Board, and submission of requests for inclusion of such new material is encouraged. Such requests should be substantiated by test results, specifications and other data. Listing of a material or component in the list of approved materials or approval of new material does not prevent the Board from requiring inspections or tests deemed by the Board to be necessary before such material or component is installed. D. In general, the subdivision plat and plans and profiles included in the final submission shall include enough detail to show compliance with design standards. The Board may require the submission of design calculations for review by the Town's Engineer. E. Compliance with all standards cited herein will be required prior to final approval for construction. Failure to do so shall prevent the issuance of building permits for construction on the individual lots. § A183-24. Surveying and mapping. A. General. The procedure shall include tension, temperature and slope corrections to distance measurements, adjustment of closed baseline traverses, presentation of all necessary data clearly and completely and the use of proper methods to obtain the required standards of accuracy cited in the latest revision of the New York State Association of Professional Land Surveyors Code of Practice for Land Surveys. B. Mapping accuracy. The limits of error in any map shall not exceed 1/10 inch between point as scaled on the original map. The elevation error shall not exceed 1/2 the contour interval. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 528 C. Monuments and benchmarks. (1) Monuments shall be reinforced concrete or stone four inches square, a minimum of three feet long. (2) There shall be a minimum of two monuments within each subdivision to control the location of lot corners and road lines. If these monuments are at road intersections or along road lines, they should not be set until the mad has been constructed. They should be in position when the Town Highway Superintendent inspects the road prior to dedication. (3) The number of monuments to be set should depend on the size of the subdivision. In general, a pair of intervisible monuments should be set along each road. (4) The record map should show the location of the monuments to be set, along with the coordinate values and elevation of the top of each monument. The elevation of the monuments should be referred to sea level datum, as established by the United States Geological Survey or other governmental agencies. (5) If an elevation control monument does not exist within one mile of the subdivision, then the elevation shown on the United Stated Geological Survey topographic map, at the nearest road intersection, shall be used as a benchmark and so noted on the subdivision map. D. Permanent markers. Each lot in the subdivision shall be indicated by permanent iron rod markers, set in the ground, designating each corner and change of direction. § A183-25. Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, drainage, flood or other menace. A. Topsoil moved during the course of construction shall be redistributed so as to cover all areas of the subdivision and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the Planning Board. There shall be a minimum of six inches of topsoil redistributed over all leach beds or fields. B. To the fullest extent feasible, all existing trees and shrubbery and endangered/protected species shall be conserved by the subdivider. Special consideration shall be given to the arrangement and ultimate improvement or development of the lots to this end. (1) Property or any part thereof which has been clear-cut within the last five years will not be considered for subdivision. (2) Precautions shall also be taken to protect existing trees and shrubbery and protected plants or endangered species during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees which serves to add interest and variety to the proposed subdivision in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, require modification of such lots. (3) Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written permission from the Planning Board. C. Where a subdivision is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the development and beauty of the subdivision or the utilization of such features by the future residents of the subdivision. All proposed changes in watercourse alignment shall be in accordance with the Environmental Conservation Law. D. Unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural contours and similar features, shall be preserved, if possible. E. The subdivider shall not be permitted to leave any surface depressions which will collect pools of water. This shall not preclude the use of retention or detention basins as part of a stormwater management program. F. The subdivider shall not be permitted to leave any piles or mounds of dirt or other debris or materials around the tract. All surfaces shall be restored within six months of the time of the completion of the phase of the subdivision. G. Floodplain. (1) Mapping. If any portion of the land within the subdivision is subject to inundation or flood REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 529 hazard by stormwater, such fact and portion shall be clearly indicated on the preliminary and subdivision plats and a prominent note placed on each sheet of such map whereon any such portion shall be shown. (2) Use. Land subject to flooding and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. § A183-26. Density. The maximum number of buildable lots for a conventional subdivision shall be calculated as follows: A. From the total area of the property to be subdivided, subtract: (1) Local, state, or federally regulated wetlands. (2) Water bodies, including but not limited to ponds, streams, rivers, etc. (3) Rock outcrops. (4) Slopes in excess of 20% to include both natural and manmade slopes. (5) The area to be set aside for other public use, such as parkland. (6) The area to be occupied by the proposed streets or rights-of-way. (7) The area occupied by other public easements or rights-of-way across the property such as major power or telephone lines. B. Then divide the resulting figure (the remaining acreage) by the density allowed in the zone in which the lots will be located specified in § 179-3-040 in the Town of Queensbury Zoning Law. § A183-27. Layout of streets and roads. The Town streets and roads shall include both public and private streets and roads in all sections of these regulations. A. Relationship to natural features. (1) All streets and roads shall be logically related to existing topography, soil, vegetation and other natural features and shall be coordinated into a logical and efficient system. All roads shall be arranged so as to obtain a maximum number of building sites at or above the grade of the roads. (a) Grades of roads shall conform as closely as possible to the original topography, except that in all cases the provisions concerning road grades of this article shall be observed. (b) Installation of all utility distribution and service lines shall be planned at the time road layout is determined. For these purposes, areas with steep slopes, shallow soils or a water table at or near the surface and soils that are highly susceptible to erosion or slippage shall be avoided insofar as is practical. (c) Road layout shall minimize stream crossings and be perpendicular to the stream, traversing existing slopes exceeding 25% measured perpendicular to the road. (2) Easements. An easement shall be provided for all natural drainageways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and subdivision plat. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose. Except as further required in this section, easements shall have a minimum width of 10 feet. Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement conforming substantially with the lines of such watercourse shall be provided. The easement shall be 20 feet wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, the width shall be determined by the Planning Board. Prior to the completion of the roadway, all utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such location as will minimize the risk of interruption of services. B. Intersections. In general, all streets and roads shall intersect so that for a distance of at least 100 feet each street is approximately at right angles to the street it joins. Local street intersections with collector streets or arterial highways shall be separated by at least 300 feet. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 530 C. Special treatment along certain highways. When a subdivision abuts or contains a regional arterial highway, local arterial highway or collector highway, the Planning Board shall require that no new lots shall front or have direct access on such highway. In subdivisions of four lots or fewer, if the Planning Board finds the foregoing requirement not feasible, then new lots may be created on such highway, but the width for such lots shall be increased by 100% of the authorized density within the applicable zone. The Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or other such treatments as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. Provision of turnarounds shall be required on all lots fronting on arterial or collector streets. D. Local streets. Subdivisions shall be so designed as to provide a street pattern which shall be based upon a local residential street pattern connected to a residential collector street system. Local streets shall be laid out so that their use by through traffic will be discouraged. E. Dead-end streets. Dead-end or loop residential streets will be permitted wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, the Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street, when the Board, in its discretion, feels such easement is necessary or desirable. Subdivisions containing 15 lots or more shall have at least two street connections with existing public streets. In the case of an internalized subdivision, the requirements for two entrances may be satisfied by a provision of a double-width (two times the standard road width) road from the main connecting street to the first intersecting street. A planted center island will be required in a double-width roadway, and an increase in the right-of-way will be required to provide for the planted center island. When a planted island is proposed, the subdivider shall indicate on the plan who shall maintain such. F. Continuation of projection of certain streets. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions and for proper projection of principal streets into adjoining properties which are not yet subdivided in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services, such as sewers, water and drainage facilities. Where, in the opinion of the Town Board, topographic or other conditions make such continuation or projection undesirable or impracticable, this requirement may be modified. Approved future connector links shall be dedicated at the same time the principal streets are dedicated. G. Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited-access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distance shall also be determined with due regard for the requirements of approach grades and future grade separations. H. Location. Streets shall follow low land, except wetlands, whenever feasible. When a subdivision street intersects an existing street, the Board may require the owner to improve the existing street within 100 feet of said intersection to meet the requirements of these regulations for intersection design. I. Street design. (1) Curves. (a) A curve shall be required whenever a collector or local street deflects more than 10°. A curve shall be required for any deflection in an arterial street. The minimum center- line radius for horizontal curves shall be as follows: Street Type Minimum Radius (feet) Collector 300 Local 300 Marginal access 250 (b) A tangent of at least 50 feet shall be required between reverse curves, except where the topographical conditions of the site being subdivided would require a lesser radius or tangent without disturbing major portions of unexcavated soil and foliage. (2) Street grades. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 531 (a) Maximum street grades shall be as follows: Street Type Maximum Grade Collector 8% Local 10% Marginal access 10% (b) Street grades shall not be less than 0.5%. Grades at street intersections shall be held to a maximum of 3% for a distance of 100 feet from the edge of pavement of the intersected street. Vertical parabolic curves shall be introduced at changes of grade exceeding an algebraic difference of 1% and shall provide the following minimum sight distances: Street Type Minimum Sight Distance (feet) Collector 250 Local 100 Marginal access 100 (3) Street intersections. (a) T-intersections shall be used in residential areas where practical. Intersections of more than two streets shall be prohibited. Intersecting streets shall be laid out so as to intersect at 90°. Any change in street alignment to meet this requirement shall be at least 100 feet from the pavement edge of the intersected street. (b) Street right-of-way lines and roadways at intersections shall be rounded with a radius determined from the following table by the higher type of street in the intersection: Street Type Minimum Minimum Right-of-Way Roadway Radius Radius (feet) (feet) Arterial Varies Varies Collector 28 40 Local 10 20 Marginal access 5 20 (c) Intersections with arterial streets shall be held to a minimum and preferably be spaced at least 1,000 feet apart. (d) Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 125 feet between their center lines. (4) Dead-end streets. Dead-end streets shall not be longer than 1,000 feet and shall be provided with a turnaround at the closed end, having a street right-of-way diameter of at least 140 feet and an outside edge of pavement diameter of at least 110 feet. Street length shall be measured from the point where the center line of the proposed road intersected with the right-of-way line for the existing road, thence along the center line of the proposed road the furthest point on the back side of the turnaround or loop. If an island is left in the turnaround, it shall be nearly level to facilitate snowplowing, and there shall be no curbs around the island. The turnaround pavement shall slope to the outside of the circle. The pavement radius at the entrance to the turnaround shall be at least 50 feet for symmetrical turnarounds and greater for offset turnarounds. When a street is extended beyond an intersection to make provision for its future extension, a temporary turnaround shall be provided at the end of the street unless no lots are served by the extension. The temporary turnaround shall meet the requirements for a permanent turnaround. (5) Street access. Access to arterial streets shall be restricted as far as practicable. 5 (6) Street setbacks. Setbacks from existing streets shall be in accordance with the Zoning Law. (7) Fill slopes. Where streets are constructed on new fill, the side slopes of the fill shall be as follows: 5. Editor's Note: See Ch. 179, Zoning. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 532 Fill Height (feet) Slope (vertical to horizontal) 0 to 6 1 to 4 or flatter 6 to 12 1 to 3 or flatter Above 12 Not permitted J. Guardrailing. Where streets are constructed on fills of greater than six feet in height, guardrailing shall be installed along the side of the road, eight feet from the edge of the roadway. K. Street entrances to subdivision. In all subdivisions of 15 lots or more, at least two entrances to the subdivision from an existing public street shall be installed. L. Street signs. The developer shall establish street name signs as approved by the Department of Transportation at appropriate locations as indicated by the Highway Department prior to street construction. (Street names should have a relationship to the subdivision name.) M. Road surfacing. (1) Surfacing materials must be applied in the following manner: (a) Type 3 binder coat may be applied only when the ground surface is at least 40°. (b) Type 6 top coat may not be applied after October 20. (2) These requirements may be waived if, in the sole determination of the Town Highway Superintendent, unusual weather conditions make such requirements unnecessary. § A183-28. Layout of lots. A. The lot size, width, depth, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. B. All lots shown on the subdivision plat shall at least comply with the minimum requirements of the 6 Zoning Law as to area and dimensions for the zone in which the subdivision is located. However, the Planning Board may use its discretion in determining lot sizes to ensure that the land shown on such plats shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. C. Each lot shall abut on a street built to the Town's specifications. The required frontage shall be consistent with the requirements of Chapter 179, and provide actual physical access to and from the lot to be built upon for purposes of ingress and egress to the lot by emergency vehicles, such as fire trucks and/or ambulances. D. Corner lots shall have width sufficient for maintenance of required front yard building lines on both streets as required by the Zoning Law. E. Side lines of lots shall be, as far as practicable, at right angles to straight streets and radial to curved streets. F. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, require modification of such lots. G. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Law and to provide for convenient access, circulation control and safety of street traffic. H. Blocks intended for commercial or industrial use shall be designed specifically for such purposes, with adequate space set aside for off-street parking and delivery facilities. I. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Law there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear except where such natural conditions exist that prohibit such resubdivision. J. Driveway access grades shall conform to specifications as established by the Highway Superintendent. Driveway grades between the pavement and setback line shall not exceed 10%. 6. Editor's Note: See Ch. 179, Zoning. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 533 K. Lots facing on collector or arterial streets shall be of such dimensions as to permit a turnaround to allow resident automobiles to enter onto such collector or arterial street in a forward motion. L. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Planning Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations. § A183-29. Grading. A. Lots. (1) Grading of each building lot shall be such that positive surface drainage is provided for all areas. Minimum site grading slopes of 1% are required. Maximum site grades shall be one vertical on three horizontal, except specially landscaped areas which will not require mowing. Finished grade adjacent to building foundations shall be a minimum of one foot zero inches above the corresponding edge of pavement elevation, where practical. (2) Minimum grades adjacent to buildings shall be a minimum slope of 5% away from the building for a minimum of 10 feet on the side and rear of the structure and a minimum slope of 2% up from the edge of any road or drainage facility to the front of the structure. In addition, a minimum of six inches of block or foundation wall reveal shall be provided between the finished grade and the bottom of the siding. B. Low lots. Lots having driveways sloping away from streets shall have driveways graded so as to provide a high point at or near the right-of-way of the street so as to prevent street runoff from entering the lot. C. Retention of vegetation. Site grading (excavation and filling) shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and shall protect the health, safety and welfare of neighboring properties and the general public. D. Site grading shall not disturb the bank or shoreline of any lake, stream, pond or wetland without a permit required by the New York State Department of Environmental Conservation. E. Site preparation and construction activities shall not result in the encroaching on or blocking or restriction of swales, storm sewer systems, wetlands or surface waters. F. All fill material shall be of a composition suitable for fill and free of brush, stumps and other debris. No organic material shall be disposed of on site. § A183-30. Erosion control. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during and after site preparations and construction in conformity with Town Code Chapter 147, Stormwater Management. § A183-31. Storm drainage. A. General. Storm drainage shall be controlled prior to, during and after site preparation and construction in conformity with Chapter 147, Stormwater Management. B. Supplementary requirements. (1) General. (a) A storm drainage plan must be approved by the Highway Superintendent and the Planning Board. Such plan shall encompass all drainage elements for the drainage of the subdivision, areas feeding the subdivision and areas downstream from the subdivision. Said plan should be submitted with evidence of the use of acceptable engineering standards. (b) Drainage plans and facilities in any new development shall be designed with the goal of minimizing runoff and the potential for any structural damage due to flooding. (c) Drainage patterns and points of stormwater discharge from the subdivision should be the same as before construction. Water retention or detention basins should be used when required to maintain preconstruction stormwater discharge rates. (2) Design of storm sewer systems. Manholes shall be provided at intervals not exceeding 300 feet. The manhole details shall be in accordance with the standard detail sheets. (3) Design of open channels and culverts. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 534 (a) Driveway culverts shall be approved by the Highway Superintendent and be a minimum of 12 inches in diameter and shall have a minimum cover of 12 inches from edge of the driveway pavement to the top of the pipe. All driveway culverts shall be provided with end sections. (b) The design of new development adjacent to existing or new drainage channels shall be done in a manner such that full, usable side and back yard areas are maintained. In instances where easements are required on a drainage channel, the side and rear setback areas specified by zoning shall not include any area within an easement for an open channel. This restriction does not apply to closed storm sewer systems. (c) On new or existing drainage channels where easements to the Town are required, a minimum ten-foot-wide level area at the top of one side of the channel bank will be required for the purposes of future maintenance. (d) Drainage easements of a minimum 20 feet in width shall be provided to the Town for all storm sewers and channels located outside the street right-of-way. (4) Development adjacent to Hudson River, Halfway Brook, Factory Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen Lake or Dunham's Bay Wetland. Particular care shall be taken regarding any development adjacent to the floodplains for the Hudson River, Halfway Brook, Factory Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen Lake or Dunham's Bay Wetland. All structural openings to new buildings shall be a minimum of two feet above the most recent estimate of the one-hundred-year-frequency flood, as specified on the Hudson Flood Prone Areas Map. The Town reserves the right to require more stringent requirements, depending on the nature and location of the proposed development. For all development adjacent to the floodplains for the Hudson River, Halfway Brook, Factory Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen Lake or Dunham's Bay Wetland, the intermediate regional flood level (one-hundred-year-frequency storm) shall be clearly shown on each site plan sheet within the floodplain. § A183-32. Sanitary sewage disposal. A. Sanitary sewers. (1) Where an existing sanitary sewer is within 1,000 feet of the proposed subdivision, the developer shall submit a request to the Wastewater Department and Town Board to extend such sanitary sewer at the developer's expense to adequately accommodate the proposed subdivision. (2) All elements of the sanitary sewer system must be approved by the Wastewater Department and Town Board. The proposal shall be constructed in accordance with the Town's Standard Specifications for Sanitary Sewer Connections, New York State DEC regulations and all other local/regional agencies which have jurisdiction. (3) Installation of sanitary sewers shall be planned at a time when the road layout is determined. B. Individual septic systems. Where the daily discharge of sanitary sewage into an individual system for an individual residential structure is less than 1,000 gallons per day per structure, the waste treatment (septic) system shall be designed and constructed according to the provisions and standards of the Waste Treatment Handbook, Individual Household Systems [Section 201(1)(1) of the Public Health Law, Appendix 75-A or its succeeding regulations], New York State Department of Health Division of Sanitary Engineering. C. Combined septic systems. Where the daily discharge from a structure or group of structures or units into a single sewage treatment system exceeds 1,000 gallons per day, the standards and approval of the New York State Department of Environmental Conservation or the Town of Queensbury, whichever is more restrictive, will be required. § A183-33. Water systems. A. General. (1) Where an existing water main exists within 1,000 feet of the proposed subdivision, a request to the Town to connect to the Town water supply system shall be submitted to the Water Department. (2) All components of the water system shall meet the requirements of the Queensbury Water Department Design and Construction Standards and of the Rural Water Supply Manual of REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 535 the New York State Department of Health. B. Water supply. A source of supply shall be developed which will yield 100 gallons per resident in approximately 16 hours over a prolonged period of time without disturbing the normal groundwater reserve. C. Water quality. Water supplies for community water systems shall meet all requirements of the New York State Public Drinking Water Standards. D. Hydropneumatic pressure system. Pumps, tanks and accessory equipment shall provide adequate pump capacity and pressure with one-day storage. § A183-34. Tree cutting and planting. A. Tree cutting. (1) Subdivisions adjacent to, abutting or including streams, wetlands, rivers or lakes shall 7 comply with shoreland cutting restrictions established in the Zoning Law. (2) Clearing shall be limited to the extent required for regrading or provision of utilities only as approved by the Planning Board. (3) All clear-cutting operations must make provision for protection against erosion in accordance with this article and Chapter 147 of the Code of the Town of Queensbury. B. Landscaping and ground cover. (1) All disturbed areas which are not covered by structures or paving shall be properly seeded by the developer. (2) The developer shall provide a landscaping scheme for the entire subdivision. Each lot shall be provided with a minimum of two trees. This requirement may be waived by the Planning Board in wooded areas where the subdivider intends to maintain existing trees. (3) Individual property owners may, by written agreement with the subdivider and builder, seed and landscape their yards independently. (4) When a proposed subdivision borders upon an existing commercial or industrial establishment or any other use which, in the opinion of the Planning Board, may be visually detrimental to the tranquility of the future residents of the subdivision, the Planning Board may require a landscape screen to buffer the subdivision from the visually noncompatible use. C. Street trees. All street trees should be planted in every subdivision at intervals from 40 feet to 60 feet along both sides of the street. Existing trees may be taken into consideration when determining the above. Trees should be at least three feet from any sidewalk and located on the building side of the walk rather than the street side, wherever practicable. Where dwelling structures are oriented with their rear on the street, street trees shall be at least six feet from the curbline or edge of pavement. Trees should also be at least five feet from any utility line. The average trunk diameter shall be at least two inches, and a minimum height of six feet above finished grade level is required. Such trees shall be of a species and at locations approved by the Planning Board. No tree shall be planted within 25 feet from an existing or proposed streetlight or street intersection. D. Shade trees. Where subdivisions or parts thereof are devoid of trees, the subdivider shall be required to provide shade trees in accordance with this article. Such trees shall be in accordance with standards of size, kind and locational limitations prescribed for trees along the street line. ARTICLE X Conservation Subdivisions § A183-35. Authorization. Pursuant to New York State Town Law § 278, the Planning Board is empowered to modify the minimum 8 lot area, lot width and setback requirements of the Zoning Law in order to enable and encourage flexibility of design and development of land in such a manner as to create conservation subdivisions, however, in no case shall any minimum shoreline setbacks be altered by the Planning Board. The requirements, procedures and standards set forth below shall apply and be adhered to. Note also that 7. Editor's Note: See Ch. 179, Zoning. 8. Editor's Note: See Ch. 179, Zoning. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 536 Article 3 of Chapter 179 requires conservation subdivisions in certain zoning districts and does not allow them in other districts, and specifies the minimum land area required for clustering in each zoning district. As such, Article 3 of Chapter 179 should be referred to in order to determine if a conservation subdivision is required, allowed or prohibited. In addition, the Development Objectives for Conservation Subdivisions set forth in § A183-56 shall be followed. § A183-36. Purpose. The purpose of a conservation subdivision is to preserve large areas of open space along with the natural and scenic resources within them. Well-designed conservation subdivisions also lower building costs by minimizing infrastructure, increase home values for residents, and protect the overall Town environment by, among other things, reducing stormwater runoff. § A183-37. Objectives. In order to realize the purpose of this article, a conservation design shall achieve the following objectives: A. A development pattern which preserves outstanding natural topography and geological features, scenic vistas, fields, and trees and prevents the disruption of natural drainage patterns, including wetlands. B. An efficient use of land resulting in smaller networks of utilities and streets, while creating a network of open space, recreation areas, and paths for pedestrian and bicycle use. C. A development pattern in harmony with the land use intensity, transportation facilities and community facilities objectives of the Comprehensive Land Use Plan. § A183-38. Standards. A. No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units than is permitted in the zoning district wherein such lands lie except as follows: (1) Density bonuses. The Planning Board may award a density bonus to increase the number of dwelling units beyond the base residential density permitted in a zoning district. The density bonuses shall not allow the total number of dwelling units to exceed a maximum of a twenty-percent increase above the calculation of maximum buildable lots as described below in Subsection E. Computations shall be rounded to the lowest whole number. Density bonuses are not applicable within the Adirondack Park. B. If any part of this section is found to be inconsistent with New York State Town Law § 278(3)(b) (formerly § 281, L.1963, c. 963, § 1; amending L.1969, c. 880, §§ 1, 2; L.1982, c. 412, § 1; L.1992, c. 230, § 2; renumber and amended L.1992, c. 727, §§ 3, 4; L.1995, c. 417, § 2; L.1996, c. 235, § 9.) or any other sections, the Town of Queensbury hereby declares its intention to supersede New York State Town Law under its home rule powers. C. The provisions of this article shall not be deemed to authorize a change in the permissible use of such lands as provided in this chapter. D. Open space requirements and ownership. (1) Amount of open space required. The size of the open space shall be determined on a case- by-case basis with the final determination to be made by the Planning Board at its discretion upon review of the subdivision application. The portion of the subdivision tract to be set aside for open space conservation shall be of such minimum dimensions and size as to be functional for its intended purpose, taking into consideration environmental, density and other site-specific factors. There shall be a minimum of 50% of the parcel preserved as open space. (2) Location. Open space areas shall be convenient to the dwelling units they are intended to serve and shall be sited with sensitivity to surrounding land features and development. Open space areas shall be integrated, wherever possible, into a connected open space system within the development as well as outside the development. Open space areas should form a contiguous system with other open space areas in the vicinity of the subdivision development to the maximum extent practicable. (3) Use of open space areas; open space areas may include features and improvements for active and/or passive recreation, provided that such features do not materially detract from the purpose for preservation of the open space. As a general principle, open space areas should be left in their natural state. Accepted conservation management techniques may be REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 537 employed to maintain their natural state and allow for passive (nonmotorized) recreational opportunities such as, but not limited to, hiking trails, cross-country skiing or snow shoeing trails, picnic areas, etc. Where appropriate, active recreational facilities may be included in the open space areas. in addition, farming activities may be allowed to continue on open space areas pursuant to an agricultural easement or other suitable arrangements. Where active agricultural lands are set aside in a conservation design subdivision, such lands may remain in active agricultural use. The Planning Board may consider public access to open space areas where it may be appropriate. (4) Deed restrictions. Any lands set aside for open space purposes shall contain appropriate easements, deed covenants, conditions and restrictions approved by the Planning Board and/or the Town Counsel ensuring that: (a) The open space area or areas will not be further subdivided or developed in the future. (b) The designation of the open space will continue in perpetuity for the purposes specified. (c) Appropriate provisions are made for the continual maintenance, management and use of the open space with the purpose of preserving the open space. (d) The delegation of authority for management of the open space area is appropriately placed in the owner or owners of the open space area. (e) The open space area will not be able to be converted or used for any enterprise except for agricultural uses. (f) Deed restrictions shall be noted on the approved final subdivision plat. (g) The easements, deed covenants, conditions and restrictions related to the open space shall be recorded against the parcel with reference to such recording made in each deed of conveyance of each lot and shall be enforceable by the Town. (h) The Town of Queensbury is deemed to be a beneficiary of the provision(s) creating and reserving the open space, and the Town shall be accorded party status for the purpose of initiating and/or participating in any litigation regarding the open space. (5) Open space ownership. The type of ownership of the land set aside for open space shall be selected by the applicant subject to the approval of the Planning Board and shall be indicated on all plats submitted beginning with sketch through final. An acceptable type of ownership may include, but is not necessarily limited to, the following: (a) Land preservation or conservation organizations or trusts. (b) Public agencies or governmental bodies. (c) The Town, subject to acceptance by the Town Board. The Town Board shall not relinquish any ownership of such dedicated open space without the affirmative vote of a supermajority of the Board. (d) The owner or owners of an individual lot or lots in the subdivision. (e) Homeowners' associations with the following requirements: [1] The homeowners' association must be established prior to the conveyance of any lot or parcel within the proposed subdivision; [2] Membership must be mandatory for each lot owner, and each lot owner must have an equal voting right within the association; [3] The association organizational documents must be submitted to, and approved by, the Planning Board and/or its attorney, as part of the subdivision approval process and must also be approved by the Office of the Attorney General of New York State if required by applicable laws, rules or regulations; [4] An estimate of the association's annual budget must take into account insurance, property taxes, and maintenance of the open space areas as well as other shared common areas or facilities such as access roads, and recreational areas; [5] The association must be able to adjust the homeowners' fees or assessments on REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 538 an annual basis and be able to collect and enforce the payment of annual fees or assessments; [6] The association cannot be dissolved without a vote of the association membership and without the conveyance of the open space and common facilities to an entity acceptable to the Planning Board; and [7] The deed conveying title to each individual lot in the subdivision must include reference to the fact that conveyance is subject to and includes membership in a homeowners' association pursuant to deed covenants either set forth in each deed or recorded against the entire subdivision. Both grantors and grantees should sign deeds of conveyance to ensure purchasers or grantees are aware of the homeowners' association requirements, obligations and fees, if any. (6) View preservation. Where vistas and open field areas are to be preserved, lots shall be clustered at the edges of the open field areas or behind topographic features which block views from the existing public way, whenever possible. Building lots shall be set back away from ridges or military crests in order to protect the natural silhouette of Queensbury's mountain ranges. (7) The lands designated as open space cannot be converted to any other use without approval of the Queensbury Town Board. (8) No more than one half of land areas to be subtracted from the calculation of maximum buildable lots under Subsection E of this section may be included in the lands used to meet the open space requirement. (a) For example, if the zoning allows one unit per acre and the parcel is 100 acres in size and: [1] There are no natural resource constraints as described in Subsection E then 100 units are allowed and 50 acres must be left as open space. The result is 100 homes on 50 acres. [2] Twenty acres are wetlands, then 80 units are allowed and 50 acres must be left as open space with up to 10 acres of wetlands allowed to count towards that total. The result is 80 homes on 40 acres. [3] Fifty acres of wetlands, then 50 units are allowed and 50 acres must be left as open space with up to 25 acres of wetlands allowed to count towards that total. The result is 50 units on 25 acres of land. (b) Nothing in this article shall supersede the Town Board's right and responsibility to determine land to be acquired for Town parks after consulting with the Recreation Commission and Planning Board. E. Calculation of maximum buildable lots. The maximum number of buildable lots for a conservation design subdivision shall be calculated as follows: (1) From the total area of the property to be subdivided subtract any unbuildable areas such as: (a) Local, state, or federally regulated wetlands, including wetlands within the Adirondack Park identified and regulated by the Adirondack Park Agency. (b) Water bodies, including but not limited to ponds, streams, rivers, etc. (c) Rock outcrops. (d) Slopes in excess of 20% to include both natural and manmade slopes. (e) The area to be occupied by the proposed streets or rights-of-way. (f) The area occupied by other public easements or rights-of-way across the property such as major power or telephone lines. (2) Then divide the resulting figure (the remaining acreage) by the lot size allowed in the zone in which the lots will be located. § A183-39. Procedures. A. Required by Planning Board. A conservation design subdivision shall be required in the zoning districts and the minimum acreage and lots as specified in Subsections D and E of § A183-38. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 539 B. Determining design. In order to effectively create a conservation design subdivision, the applicant, in consultation with the Planning Board, should: (1) Identify the area or areas of the parcel to be subdivided which are to be conserved as open space; (2) Locate the house sites; (3) Align streets, trails and infrastructure; and (4) Draw in lot lines. C. Criteria for preservation. In determining the areas to be conserved as open space, in § A183-40, the design of the subdivision and location of the open space should integrate and enable the conservation or preservation of such characteristics or features to the maximum extent practicable: (1) Lands designated as lands of conservation interest by the Town, if mapping is completed; if not, then if it is a site located in a scenic vista or viewshed identified on the Scenic Views- Vistas Map. (2) Lands along waterways, water bodies and wetlands. (3) Significant wildlife or plant habitats. (4) Slopes greater than 15%. (5) Soils with depth to seasonal high water table of 40 inches or fewer occupy over 25% of the site. (6) Sites exposed to views from the waters of Lake George. (7) Sites adjacent to or which incorporate areas, buildings or structures of historic significance. (8) Areas adjacent to other open spaces, either public or private, especially those that have been designated as remaining preserved. (9) Critical environmental areas. (10) Areas that are particularly amenable to active or passive recreation. D. Exception to or waiver of requirements or standards. The Planning Board may permit minor deviations to, or waive, certain open space requirements or standards when it determines that: (1) The objectives underlying the open space standards and requirements can still be met with such deviations or waivers; and/or (2) Because of peculiarities in the tract of land proposed for subdivision or the development proposed, it would be unreasonable to require strict adherence to such requirements or standards. E. Request by subdivider. A subdivider may request the use of this article simultaneously with or subsequent to the submission of the sketch plan for any proposed subdivision in the zoning districts set forth in Subsections D and E of § A183-38. Any submission subsequent to preliminary approval of a plat shall require a resubmission of the sketch plan. F. Alternate sketch plan. The Zoning Administrator or the Planning Board may request that a subdivider present, along with a proposal utilizing the provisions of this article, an alternate sketch plan with lots meeting the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Article 3 of Chapter 179 of the Town Code. G. Plat submission. Upon determination by the Planning Board that the sketch plan utilizing the provisions of this article is suitable, the procedures attendant to and subsequent to the sketch plan submission shall be followed in regular order. § A183-40. Unit types. The dwelling units shall be of the same type permitted in the zoning district to which the procedures of this article are applied. § A183-41. Review of plans. The procedure for the review of subdivision plats or plans shall be the same as for any subdivision as per this chapter of Town law. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 540 ARTICLE XI Phasing § A183-42. Maximum number of lots. Approvals for subdivisions shall be phased. Thirty-five dwelling units shall be the maximum number of units that may be approved in any one phase. The Planning Board shall consider the layout of roads, water lines, drainage facilities and other pertinent facts in determining the exact phasing sequence and number of dwelling units in each phase. SEQR review shall be required for the entire subdivision, including all phases prior to preliminary plat approval. Subsequent phases of a project shall not be submitted for final approval until 60% of the dwelling units in the previous phase have received certificates of occupancy. This section shall not apply to planned unit developments which have an approved staging plan under Article 12 of Chapter 179, Zoning, nor shall it apply to subdivisions of fewer than 35 dwelling units. § A183-43. Compliance with subsequent regulations. Each subsequent phase shall comply with any new standards instituted by the Town of Queensbury since approval of the preliminary plat, except for those phases which are under final plat review by the Planning Board, in accordance with § A183-14A(2) of these regulations, at the date such new standards are adopted by the Town Board. ARTICLE XII Regional Projects Within Adirondack Park § A183-44. Applicability. A. When a proposed subdivision is a regional subdivision (as defined in Article 2 of Chapter 179, Zoning), the provisions of this article shall apply in addition to all other provisions of these regulations. For the purpose of these regulations, if a subdivision constitutes both a Class B regional subdivision and a Class A regional subdivision, it shall be deemed a Class A regional subdivision in its entirety. B. The objectives for regional subdivisions set forth in Appendix C of these regulations (§ A1 83-55) shall be followed for such subdivisions. § A183-45. Special procedures for Class A regional subdivisions. As soon as possible after the Planning Board has received notice that a Class A regional subdivision has been filed with the Adirondack Park Agency, the Planning Board or its designated representative shall consult with the Agency to determine whether the subdivision meets the requirements of the Town land use program. Not later than 30 days following this notice, the Planning Board shall provide the Agency with its determination as to whether the subdivision meets the requirements of the Town Land Use Plan. The Adirondack Park Agency shall not approve a Class A regional subdivision unless it first determines, after consultation with the Planning Board, that the subdivision would comply with all the requirements of the Town Land Use Plan. § A183-46. Special procedures for Class B regional subdivisions. When a proposed subdivision is a Class B regional subdivision, within 10 days following receipt of a completed preliminary application under § A183-8D, the Planning Board shall furnish the Adirondack Park Agency a copy of the application and plat, together with such further pertinent information as the Agency may deem necessary. The Planning Board shall also mail a copy of the notice of public hearing on the subdivision to the Agency at least five days before such hearing. The Agency shall be a full party in interest with standing to participate in the hearing and other proceedings pursuant to this chapter relative to Class B regional subdivisions. § A183-47. Special review for Class B regional subdivisions. A. When a proposed subdivision is a Class B regional subdivision, the Planning Board shall not render any approvals unless the Board first determines that the subdivision would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or upon the ability of the public to provide supporting facilities and services made necessary by the subdivision, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the subdivision. B. In making this determination, the Planning Board shall consider the following: (1) Water resources. (a) Existing water quality. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 541 (b) Natural sedimentation or siltation. (c) Eutrophication. (d) Existing drainage and runoff patterns. (e) Existing flow characteristics. (f) Existing water table and rates of recharge. (2) Land resources. (a) Existing topography. (b) Erosion and slippage. (c) Floodplain and flood hazard. (d) Mineral resources. (e) Viable agricultural soils. (f) Forest resources. (g) Open space resources. (h) Vegetative cover. (i) The quality and availability of land for outdoor recreational purposes. (3) Air quality. (4) Noise levels. (5) Critical resource areas. (a) Rare plant communities. (b) Habitats of rare and endangered species and key wildlife habitats. (c) Wetlands. (d) Unique features, including gorges, waterfalls and geologic formations. (6) Fish and wildlife. (7) Scenic vistas and travel corridors. (8) Historic sites or structures. (9) Site factors. (a) Geology. (b) Slopes. (c) Soil characteristics. (d) Depth to groundwater and other hydrological factors. (e) Adjoining and nearby land uses. (f) Adequacy of site facilities. (10) Governmental considerations. (a) Ability of government to provide facilities and services. (b) Municipal school or special district taxes or special district user charges. (c) Conformance with other governmental controls. § A183-48. Special permit for Class B regional subdivisions. When the Planning Board renders final approval of a Class B regional subdivision, the Board shall issue a permit authorizing the subdivider to undertake the subdivision in accordance with any terms and conditions set forth therein. The Planning Board, in conjunction with its approval of any Class B regional subdivision, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 542 whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that 9 guidelines as to intensity of development as provided in the Zoning Law shall be respected, and the imposition of reasonable conditions to ensure that the subdivision will be adequately supported by services and improvements made necessary thereby and to ensure that the subdivision will be completed in accordance with the terms of the approval and permit. ARTICLE XIII Approvals; Waivers; Severability; Repealer § A183-49. Notice of land transfer; proof of approval. The Planning Office shall be given 10 days' notice of the transfer of land for which final approval has not yet been granted. Further, the subdivider shall provide the Planning Board with written proof that any purchaser of the lands subject to this provision has received in writing any and all conditions imposed upon approval by the Planning Board. § A183-50. Waivers. A. The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision. In no case shall any of the provisions of Article XII, Regional Projects Within Adirondack Park, be waived. B. In granting waivers, the Planning Board shall impose such conditions and will substantially assume that the objectives of the standards or requirements so waived are met. C. If the Town Board finds that, due to special circumstances, it is inappropriate to extend municipal services to the proposed subdivision, access to said municipal services may be denied. § A183-51. Severability. Should any section or provision of the regulations contained herein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the regulations as a whole or any part thereof other than the part so declared to be invalid. § A183-52. Repealer. The regulations entitled "Town of Queensbury Land Subdivision Regulations," adopted as of September 19, 1988, together with all changes and amendments thereto, are hereby repealed and declared to be of no effect. ARTICLE XIV Appendixes § A183-53. Appendix A: Class A Regional Subdivisions. A. Hamlet areas. (1) All subdivisions of land involving wetlands. (2) All subdivisions of land involving 100 or more residential lots, parcels or sites. B. Moderate-intensity use areas. (1) All subdivisions of land located in the following critical environmental areas: (a) Within 1/4 mile of rivers, navigable by boat, designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law during the period of such designation. (b) Involving wetlands. (c) At elevations of 2,500 feet or more. (d) Within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the Master Plan for management of state lands. (2) All subdivisions of land involving 75 or more residential lots, parcels or sites. 9. Editor's Note: See Ch. 179, Zoning. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 543 C. Low-intensity use areas. (1) All subdivisions of land located in the following critical environmental areas: (a) Within 1/4 mile of rivers, navigable by boat, designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law during the period of such designation. (b) Involving wetlands. (c) At elevations of 2,500 feet or more. (d) Within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the Master Plan for management of state lands. (2) All subdivisions of land involving 35 or more residential lots, parcels or sites. D. Rural use areas. (1) All subdivisions of land located in the following critical environmental areas: (a) Within 1/4 mile of rivers, navigable by boat, designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law during the period of such designation. (b) Involving wetlands. (c) At elevations of 2,500 feet or more. (d) Within 1/8 mile of tracts of forest preserve land or water now or hereafter classified as wilderness, primitive or canoe in the Master Plan for management of state lands. (e) Within 150 feet of the edge of the right-of-way of federal or state highways. (f) Within 150 feet of the edge of the right-of-way of county highways designated by rule or regulation of the Agency, adopted pursuant to Subdivision 14 of § 809 of the 10 Adirondack Park Agency Act, as major travel corridors by the Agency. (2) All subdivisions of land involving 20 or more residential lots, parcels or sites. E. Resource management areas. (1) All subdivisions of land involving two or more lots, parcels or sites. § A183-54. Appendix B: Class B Regional Subdivisions. A. Moderate-intensity use areas. (1) Subdivisions of land (and all land uses and development related thereto) involving 15 or more but fewer than 75 lots, parcels or sites. (2) Subdivisions of land (and all land uses and development related thereto) involving fewer than 15 lots, parcels or sites which do not meet the following criteria: (a) In the case of such subdivisions involving land having shoreline, each lot, parcel or site is at least 25,000 square feet in size and complies with all of the provisions of the shoreline restrictions. (b) In the case of such subdivisions not involving land having shoreline, each lot, parcel or site is at least 40,000 square feet in size. Any subdivisions or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject to review as a Class B regional project where the total number of lots, parcels or sites resulting from such subdivision and any prior subdivision or subdivisions exceeds 14. (3) Subdivisions of land involving the clustering of buildings on land having shoreline on the basis of a specified number of principal buildings or buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions in APA Act § 806. (4) Subdivisions of land within 1/2 mile of rivers designated to be studied as wild, scenic or 10. Editor's Note: See Executive Law § 809, Subdivision 14. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 544 recreational in accordance with the Environmental Conservation Law, other than those navigable by boat, during the period of such designation. B. Low-intensity use areas. (1) Subdivisions of land (and all land uses and development related thereto) involving 10 or more but fewer than 35 lots, parcels or sites. (2) Subdivisions of land (and all land uses and development related thereto) involving fewer than 10 lots, parcels or sites which do not meet the following criteria: (a) In the case of such subdivision involving land having shoreline, each lot, parcel or site is at least 50,000 square feet in size and complies with all of the provisions of the shoreline restrictions. (b) In the case of such subdivisions not involving land having shoreline, each lot, parcel or site is at least 120,000 square feet in size. Any subdivision or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject to review as a Class B regional project where the total number of lots, parcels or sites resulting from such subdivision and any prior subdivision or subdivisions exceeds nine. (3) Subdivision of land involving the clustering of buildings on land having shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions in APA Act § 806. (4) Subdivisions of land within 1/2 mile of rivers designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law, other than those navigable by boat, during the period of such designation. C. Rural use areas. (1) Subdivisions of land (and all land uses and development related thereto) involving five or more but fewer than 20 lots, parcels or sites. (2) Subdivisions of land (and all land uses and development related thereto) involving fewer than five lots, parcels or sites which do not meet the following criteria: (a) In the case of such subdivisions involving land having shoreline, each lot, parcel or site is at least 80,000 square feet in size and complies with all of the provisions of the shoreline restrictions of the plan. (b) In the case of such subdivisions not involving land having shoreline, each lot, parcel or site is at least 320,000 square feet in size. Any subdivision or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject to review as a Class B regional project where the total number of lots, parcels or sites resulting from such subdivision and any prior subdivision or subdivisions exceeds four. (3) Subdivision of land involving the clustering of buildings on land having shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions in APA Act § 806. (4) Subdivisions of land within 1/2 mile of rivers designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law, other than those navigable by boat, during the period of such designation. § A183-55. Appendix C: Development Objectives for Use in Review of Regional Subdivisions. A. Soils. (1) Soils, general. (a) Objective: prevent accelerated soil erosion and the potential for earth slippage. (b) General guideline: respect existing natural features, such as slope, soil texture and structure; minimize removal of vegetative cover; rapidly revegetate cleared areas; limit cuts and fills; and employ such erosion control devices and measures as are necessary to promptly stabilize slopes and surfaces and to control runoff. (2) Agricultural soils. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 545 (a) Objective: conserve viable agriculture soils. (b) General guideline: avoid activities on Class I and Class II agricultural soils (as defined by the USDA Natural Resources Conservation Service) presently in agricultural service which would diminish or preclude continuing use thereof for agricultural purposes. B. Topography. (1) Topography, general. (a) Objective: minimize topographic alterations. (b) General guideline: minimize excavation, cuts and fills and site grading by employing to advantage existing topographic features; and avoid development activities on steep slopes where environmental damage and costly development problems could result therefrom. C. Surface waters. (1) Water quality and eutrophication. (a) Objective: maintain or enhance existing physical, chemical and biological water quality characteristics and prevent any undue acceleration of existing rates of eutrophication of bodies of water. (b) General guideline: maintain wide buffer strips of natural vegetation bordering water bodies; minimize channel disturbance and alterations; preserve shoreline vegetation; minimize hydrologic changes which would result from damming or impounding; avoid introduction of nutrients from the use of fertilizers and from sewage effluent; and avoid introduction of toxic materials to water bodies. (2) Surface drainage. (a) Objective: retain existing surface water drainage and runoff patterns and existing flow characteristics. (b) General guideline: minimize alterations to existing drainage patterns and drainage courses; preserve drainageways in their natural state; and provide, where necessary, natural ponding areas and other measures designed to provide natural retention of stormwater runoff if development includes a significant area of impervious surface. (3) Floodplains. (a) Objective: maintain the storage capacity of floodplains and their existing ability to convey water downstream; and avoid activities in floodplains which will result in dangers to life, safety and property if subjected to flooding. (b) General guideline: avoid the placement of buildings intended for human habitation, commercial use and industrial use within floodplains; avoid the use of fill to create elevated sites; and within any floodway special zoning district and any floodway fringe special zoning district, conform all development plans to the floodplain regulations. D. Groundwater. (1) Objective: preserve quality, infiltration rate and levels of groundwater. (2) General guideline: comply, at a minimum, with applicable governmental water pollutant discharge restrictions; particularly avoid discharges of effluent potentially degrading to groundwater quality in proximity to major aquifers and aquifer recharge areas; and avoid impairment of aquifer recharge areas which could result from covering them with impervious surfaces. E. Shorelines. (1) Objective: maintain or enhance the existing physical, biological and aesthetic characteristics of the shoreline of all lakes, ponds, rivers and streams. (2) General guideline: comply, at a minimum, with applicable governmental shoreline restrictions; minimize construction or development of any kind near or on the shorelines; avoid physical modifications of the shorelines themselves; minimize the removal of vegetation along shorelines; locate buildings so as to be partially screened from the shorelines by natural vegetation; and maximize the preservation of stretches of shoreline in REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 546 a natural, unchanged and undeveloped state. F. Mineral resources. (1) Objective: conserve existing known mineral resources. (2) General guideline: avoid activities which would preclude present or future use of important mineral resources that may be of economic significance to the region. G. Air quality. (1) Objective: maintain or enhance existing air quality. (2) General guideline: adhere to applicable governmental air quality standards; provide adequate air pollution abatement devices; and reduce dust levels caused by construction activities. H. Noise levels. (1) Objective: limit additions to noise levels. (2) General guideline: adhere, at a minimum, to applicable governmental noise level standards; utilize noise abatement equipment; and maintain natural buffers, such as existing topographic relief and vegetation. I. Wetlands. (1) Objective: preserve the hydrologic, wildlife, vegetational, aesthetic, educational, open space and recreational values of wetlands. (2) General guideline: avoid development in marshes, bogs, swamps and periodically inundated lands or on lands immediately adjacent thereto if such development could result in environmental damage to the marsh, bog, swamp or periodically inundated land. J. Aquatic communities. (1) Objective: protect, generally, the existing natural aquatic plant and animal communities and preserve rare and endangered aquatic plant and animal species. (2) General guideline: preserve key spawning areas, nursery grounds, food sources and food source areas; preserve habitats of rare and endangered plant and animal species; maintain adjacent vegetated areas generally as habitats and buffer zones; minimize shoreline alterations, such as beach construction and emplacement of docks, rafts, boat launching facilities and breakwaters; and avoid introduction of toxic materials and nutrients to water bodies. K. Terrestrial vegetation. (1) Vegetation, general. (a) Objective: preserve or quickly restore terrestrial vegetation. (b) General guideline: minimize clearing of vegetation in light of development objectives; avoid clearing vegetation where damage will result to remaining vegetation from such factors as wind, erosion and frost; and protect remaining vegetation during the construction period. (2) Rare and endangered terrestrial plant species. (a) Objective: preserve rare and endangered terrestrial plant species. (b) General guideline: locate development and other intensive human activities so as to protect the location and habitats of rare and endangered plant species and allow for the continuing propagation of these species. (3) Productive commercial forest land. (a) Objective: conserve productive forest lands. (b) General guidelines: avoid impairment of productive forest lands for commercial forest production by employing sound forestry practices and by employing such planning techniques as clustering of development. L. Fragile ecosystems at higher elevations. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 547 (1) Objective: minimize disturbance of fragile ecosystems at higher elevations. (2) General guideline: avoid development at elevations of 2,500 feet or more. M. Terrestrial wildlife. (1) Terrestrial wildlife, general. (a) Objective: maximize the preservation of terrestrial wildlife species. (b) General guidelines: preserve key wildlife habitats, such as deer wintering yards, nesting areas, productive feeding areas and important vegetation transition areas; and maintain wildlife diversity to the extent possible in view of project objectives by maintaining a diversity of habitat. (2) Rare and endangered terrestrial wildlife species. (a) Objective: preserve rare and endangered terrestrial wildlife species. (b) General guideline: locate development and other intensive human activities so as to protect the location and habitats of rare and endangered terrestrial wildlife species and allow for the continuing propagation of these species. N. Aesthetics. (1) Aesthetics, general. (a) Objective: preserve and enhance, where possible, impact of the project upon the existing aesthetic qualities of the project site and its environs. (b) General guideline: utilize existing vegetation and topographical features; and employ careful siting methods so as to minimize the visual impact of all development activities. (2) Scenic vistas. (a) Objective: maintain the scenic qualities of views from vistas designated in the Adirondack Park State Land Master Plan. (b) General guideline: avoid visibility of buildings and other development and land use alterations generally from vistas by employment of vegetative screening, existing topography and careful siting methods. (3) Travel corridors. (a) Objective: preserve the scenic qualities of views from public roads and trails and from boats and canoe routes. (b) General guidelines: employ vegetative screening, existing topography and careful siting methods to minimize the visual impact of buildings and other development and land use alterations. O. Open space. (1) Open space, general. (a) Objective: maintain the open space character of the project site, adjacent land and surrounding areas. (b) General guideline: preserve vegetative screening and existing topography; employ clustering and careful siting methods where appropriate to minimize the impact of development activities and land use alterations on open space; and preserve undeveloped areas as large as possible in view of project objectives. (2) Outdoor recreation. (a) Objective: maintain the quality and availability of land for outdoor and open space recreational purposes. (b) General guideline: provide on the project site sufficient open space area for outdoor recreational use by those persons who will use the proposed project, taking into account the existing recreational resources available in the area; and locate buildings and other development so as not to interfere with those areas to be used as hiking, bicycling and cross-country-skiing trails, as well as trail bike, jeep, all-terrain-vehicle REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 548 and horse trails, playgrounds, picnic areas, campgrounds, parks, beaches and similar uses. P. Adjoining and nearby land uses. (1) Surrounding land uses, general. (a) Objective: minimize incompatibility of new development with the character of adjoining and nearby land uses. (b) General guideline: take into account the existing and potential land uses in the vicinity of the project site in determining what new land use activities are suitable for the project site; avoid new intensive development in open space areas; and avoid substantially altering existing residential and other land use patterns. (2) Adjacent state land. (a) Objective: preserve the wild and natural character of adjacent state lands designated as wilderness, primitive or canoe by the Adirondack Park State Land Master Plan. (b) General guideline: minimize development activities which would materially impair the wilderness attributes of these state lands; and design and construct development that is located within 1/8 mile of these state lands so as to minimize its visual and audial impact in these wilderness-like areas, thereby ensuring the continued compatibility of state and private types of ownership. Q. Wild, scenic and recreational study rivers. (1) Objective: protect or enhance the natural qualities of any river designated to be studied for possible inclusion in the state's wild, scenic or recreational river system. (2) General guideline: maintain buffer zones and existing vegetation along designated study rivers; avoid intensive development within 1/4 mile of such rivers; minimize alterations to such rivers and their banks; and preserve the free-flowing character of such rivers. R. Historic sites. (1) Objective: protect archeological sites, historic sites and unique historical structures for their educational and cultural value to the area, region or state. (2) General guideline: preserve and restore archeological sites, historic sites and unique historic structures to the extent warranted by their respective significance; and avoid land uses and development on adjoining and nearby lands which would be incompatible with the significance of such sites and structures. S. Special interest areas. (1) Objective: preserve special interest areas, such as unique natural features and their surrounding environs. (2) General guideline: avoid physical and aesthetic alteration and impairment of the natural condition of unique physical features, such as gorges, waterfalls and interesting geological formations; provide for their continuing protection; and utilize these special interest areas as assets to development. T. Government considerations. (1) Service and finance. (a) Objective: fully explore and assure the ability of government to provide governmental services and facilities made necessary by the project. (b) General guideline: phase development activities to a level commensurate with the financial capability of the various levels of government to provide the governmental services and facilities that will be generated by the development, such as transportation systems, schools, health care, sewage and solid waste disposal systems, water supply systems and fire and police protection; require that, as nearly as possible, the balance between the cost of public services required to adequately serve the development as compared with the anticipated tax and other revenues to be generated by the development be favorable at each level of government or taxing jurisdiction affected by the project; and include in development plans provisions to maintain or improve existing services and alleviate any potential adverse impact upon REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 549 the ability of the government to provide services and facilities. (2) Regulation. (a) Objective: conform development activities to all applicable governmental rules and regulations. (b) General guideline: comply with all applicable ordinances, rules and regulations of all governmental agencies with responsibilities for such activities, including those of towns and villages, counties, the State Departments of Health and Environmental Conservation and the Adirondack Park Agency. U. Public utilities and community resources. (1) Objective: assure the adequacy of such public utility services and community resources as shall be necessary for the project. (2) General guideline: avoid excessive demands on the capabilities of public utilities, such as electricity and communication services; and avoid necessity for major uncompensated increases in community services and activities, such as recreational facilities, social, cultural and health services and transportation facilities. § A183-56. Appendix D: Development Objectives for Conservation Subdivisions. The principal development activities associated with a subdivision to be considered in connection with the determination required by § A183-35 and referred to in § A183-38, together with representative means for avoiding undue adverse impact, include the following: A. Streets and roads. (1) Objective: design and construct roads and streets to provide safe and convenient access without causing undue adverse impacts on natural and public resources. (2) General guideline: conform street and road alignments with existing topography and vegetation; avoid steep slopes, abrupt curves and excessive cuts and fill; provide adequate road surfacing and road bed drainage; preserve existing drainage patterns; and design streets and roads so as to minimize the impacts of construction and maintenance practices. B. Siting and construction of buildings. (1) Objective: design, site and construct buildings to best serve their intended functions and to minimize impact on existing natural and public resources. (2) General guideline: blend buildings with existing topography and their surrounding environs; avoid steep slopes; minimize grade alterations; and avoid complex and costly engineering solutions of site problems with potentially excessive environmental impacts. C. Sewage disposal. (1) Objective: select, design and locate sewage disposal systems to provide adequate treatment of effluent and to avoid contamination of surface water or groundwater. (2) General guideline: comply with all state and local health standards; adhere, at a minimum, to the Adirondack Park Agency Act setback requirements for water bodies; and employ proven design criteria for sewage disposal systems in proper working order. D. Storm drainage. (1) Objective: design, locate and construct storm drainage systems so as to maintain existing drainage patterns in a natural state and to minimize adverse hydrologic effects. (2) General guideline: provide adequate drainage for building sites and roads; avoid altering drainage patterns to the extent possible; utilize natural drainageways for handling stormwater runoff; preserve all natural surface water retention areas, such as wetlands, bogs and marshes; and minimize runoff by such other methods as preserving vegetative cover and avoiding the creation of unnecessary or extensive impervious surfaces. E. Water supply. (1) Objective: locate, design and construct water supply systems so as to provide an adequate supply of potable water without adversely affecting existing water usage patterns or creating adverse effects with regard to aquifers and subsurface drainage patterns. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 550 (2) General guideline: comply with all state and local health standards with regard to the design, location, construction and maintenance of water supply systems. F. Solid waste disposal. (1) Objective: provide for the storage, collection, transportation and disposal of solid waste in a manner which will minimize air, water and visual pollution and in a manner which will not create hazards to the health and welfare of people or wildlife. (2) General guideline: comply with all applicable state and local standards for the disposal areas and recycling facilities; adequately screen disposal areas; locate disposal areas on deep, moderately permeable, well-drained soils and at sufficient distances from water bodies so as to prevent contamination thereof; and avoid locating disposal areas on steep slopes. G. Pesticides and herbicides. (1) Objective: avoid all use of pesticides, herbicides and other biocides potentially detrimental to natural systems. (2) General guideline: strictly adhere to applicable regulations regarding type, quantity and techniques of application of pesticides, herbicides and other biocides to surface waters or wetlands or in a manner which may cause contamination thereto. H. Shoreline development. (1) Objective: design and construct development along shorelines so as to maintain existing aesthetic and ecological characteristics thereof and to avoid all significant impairment of these qualities. (2) General guideline: adhere, at a minimum, to the shoreline restrictions of the Adirondack Park Agency Act and the provisions of the Environmental Conservation Law and all local laws; maximize preservation of undeveloped shorelines by such methods as clustering and preservation of shoreline vegetation; minimize construction of docks and boathouses on shorelines; and minimize aesthetic alterations to shorelines as viewed from water bodies and surrounding areas. I. Noise. (1) Objective: minimize noise insofar as practicable. (2) General guideline: employ such measures as appropriate site selection, appropriate construction methods and maintenance of natural cover for a buffering effect; and adhere, at a minimum, to applicable governmental noise level standards. J. Signs. (1) Objective: avoid signage that detracts from aesthetic and scenic qualities. (2) General guideline: limit signs to the extent necessary to adequately inform viewers concerning the activities to which they relate; utilize signs which are appropriate to the character of the area in which they are located; and avoid use of signs of excessive size, of signs that are insufficiently set back from natural and man-made travel corridors and/or signs containing moving parts or flashing lights. K. Utilities. (1) Objective: locate, design, construct and maintain utilities so as to efficiently accomplish project objectives and preserve natural and public resources. (2) General guideline: locate utilities underground, if feasible, and in such a way that alignments are compatible with existing topography and vegetation; minimize visual impacts on surrounding areas by maintaining and preserving as much vegetative cover as possible and utilizing existing topography; and minimize maintenance practices, such as herbicide spraying, which could have adverse environmental impacts on terrestrial and aquatic ecosystems. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 551 RESOLUTION REGARDING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION RESOLUTION NO.: 157, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 131,2011 the Queensbury Town Board accepted $10,403.95 in grant funds from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements and established appropriations and estimated revenues for such grant funds in the General Fund, and WHEREAS, the Town currently has a Capital Project #168 Town Court Improvement Project which accounts for renovations at Town Court and is the appropriate Fund to show expenditures for improvements to Court security in the amount of $7,440, which is a portion of such Grant Funds obtained by the Town as set forth in Resolution No.: 131,2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the 2011 Town Budget as follows: ? Decrease Appropriation 001-1110-2010 Town Justice Office Equipment by $7,440; ? Increase Appropriation 001-9950-9030 Transfer to Capital Project by $7,440; ? Increase Appropriation 168-1620-2899 Transfer to Capital Project by $7,440; ? Increase Revenue 168-0000-55031 Interfund Transfers by $7,440; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 131,2011 in all other respects. th Duly adopted this 18 day of April, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Montesi NOES : None ABSENT: Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 552 RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF APRIL 19TH, 2011 RESOLUTION NO.: 158, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant th with a run date of April 14, 2011 and payment date of April 19th, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run date of th April 14, 2011 and payment date of April 19th, 2011 totaling $975,056.53, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of April , 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Montesi NOES : None ABSENT: Mr. Metivier, Mr. Strough RESOLUTION AUTHORIZING HIRING OF TEMPORARY, SEASONAL LABORER IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. : 159, 2011 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Ronald Montesi WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire two (2) temporary, seasonal Laborers to work for the Town’s Highway Department, WHEREAS, funds for such position have been budgeted for in the 2011 Town Budget, and REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 553 WHEREAS, the Highway Superintendent has advised the Town Board that such temporary, seasonal Laborer is James Huntley, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board approve the appointment of Town employees’ relatives, and James Huntley is the stepson of Tom VanNess, Deputy Highway Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of James Huntley to work as temporary, seasonal Laborers for paid hours totaling no more than approximately 1,000 nd hours per temporary employee for the Town Highway Department commencing on or about May 2, 2011 th and concluding on or about November 18, 2011, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such temporary, seasonal Laborers shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 57,2011 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of April, 2011, by the following vote: AYES : Mr. Stec, Mr. Montesi, Mr. Brewer NOES : None ABSENT: Mr. Metivier, Mr. Strough 4.0 CORRESPONDENCE NONE 5.0 TOWN BOARD DISCUSSIONS WARD IV COUNCILMAN TIM BREWER a. Received call from a resident on Sherman Avenue, noted dumping of leaves, brush and trees on City property. Spoke to the Mr. Dan Hall of the City, and they cleaned up the site…it was fenced off and signed no dumping…received a second call people are dumping there again…I just want to put the word out on Sherman Avenue where the City used to have a leaf dump is no longer open..there will be a penalty if caught dumping there. REGULAR TOWN BOARD MEETING 04-18-2011 MTG #12 554 b. Residents in that area have voiced concern over the proposed Verizon Tower that the lease was approved by the Town Board a few months ago..this will still have to go to the Planning Board and the residents of that area will be notified of the public hearing. WARD II COUNCILMAN MONTESI a. Questioned when the Dinner on Exit 19 going to be built and when will the old building be taken down? Zoning Administrator Craig Brown-The Town has not heard from the applicants since the Planning Board approval. Awaiting for them to come in for a building permit. Supervisor Stec-Will be calling Attorney Lapper regarding the clean up of the site. b. Recognized the Students from Queensbury School auditing the Town Board Meeting from Mr. Strough’s and Mr. Kane’s class. SUPERVISOR STEC a. Received an e-mail from a lady across the street from the Sherman Avenue dump, and she did contact the Mayor’s Office in the past as well which is certainly the right thing to do, they are the property owners…will forward the e-mails to the Mayor on this situation. I will also communicate to the Sheriff the situation and whatever he can do in the area of enforcement. b. Thanked TV8 and our Sponsors for making this televised meeting happen. We now are the sole community in Warren County that has their business meetings aired on television. c. Web site is www.queensbury.net a new website is in the works. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 160.2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 18 day of April, 2011 by the following vote: AYES: Mr. Montesi, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier, Mr. Strough Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury