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156.2011 LL32011SubdLand 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 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. 2 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 3