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RESOLUTIONS\LOCAL LAWS\SET PUBLIC HEARINGS\Chapters 179 and 183—Update Stream Corridor Regulations—4-17-2023
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO.: _ OF 2023 TO AMEND CHAPTER 179 AND
CHAPTER A183 OF QUEENSBURY TOWN CODE
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law
No.: of 2023 entitled, "A Local Law To Amend Chapter 179 and Chapter A183 Of
Queensbury Town Code," which Law is intended to update the Town's stream corridor
regulations, and
WHEREAS, adoption of this legislation is authorized in accordance with New York
State Environmental Conservation Law and regulations, New York State Municipal Home
Rule Law §20 and New York State Town Law Article 16, and
WHEREAS, zoning changes are subject to Warren County Planning Department
review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, the Town of Queensbury proposed amendments comply with and are in
furtherance of approval standards contained in §807 of the Adirondack Park Agency Act
and 9 NYCRR Part 582 of Agency regulations, and
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the
proposed Zoning Code amendments prior to adoption, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of
this Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at
the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, May
1", 2023 to hear all interested persons and take any necessary action provided by law
concerning proposed Local Law No.: of 2023, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the proposed Local Law to the Warren County Planning Department for New York
State General Municipal Law §239-m review, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner
to forward copies of the proposed Zoning Code amendments to the Adirondack Park
Agency for its review and approval in accordance with Article 27 of the Executive Law,
§807, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish, post and distribute a Notice of Public Hearing concerning proposed
Local Law No. of 2023 in the manner provided by law.
Duly adopted this 171h day of April, 2023, by the following vote:
AYES
NOES
ABSENT:
rJ
LOCAL L.AW S1Chapters 179 and 183 — Stream Corridor— Lake George Pars: Commission Changes — 5-1-2023
LOCAL LAW NO.: OF 2023
A LOCAL LAW TO AMEND CHAPTER 179 AND
CHAPTER A183 OF QUEENSBURY TOWN CODE
BE IT ENACTED BY THE QUEENSB'URY TOWN BOARD AS FOLLOWS:
Section 1. Intent; Authority — The Town Board seeks to amend the Town of
Queensbury stream corridor regulations in response to Lake George Park Commission regulation
changes that became effective on April 1 , 2021 . This Local Law is adopted in accordance with
the New York State Municipal Home Rule Law.
Section 2. Amendment of Chapter 179 — Chapter 179 of the Queensbury Town Code,
entitled "Zoning" is hereby amended as follows:
A. Section 179-2-010, entitled "Definitions and word usage" is amended to add the
following definition:
STREAM BED.* The flow area of a stream at and below the high water mark of a
stream.
B. Section 179-6-050(D)(2) is amended as follows:
179-6-050(D)(2) Alteration to the shoreline or stream bed.
C. Section 179-6-050(D)(2)(e)[41 is amended as follows:
§ 179-6-050(D)(2)(e)[4j Shoreline fill or hard surfacing. No fill or hard surfacing
shall be permitted within 50 feet of any lake, pond, river, stream or wetland except by
Note: Language in bold italics is new language to be added;
Language . :*k ' i-V e a--a A c" !h "g' is old language to be deleted.
1
site plan approval of the Planning Board, except that no review/approval shall be
required for preventative maintenance or repair caused by erosion or other acts of
nature. A maximum of 100 square feet of new impervious area or 400 square feet of
porous pavement (Le. porous pavers) may be created within 75 linear feet of all
regulated streams, wetlands and rivers. Private dFiya.. ays effesSing a stre-
driveway, the basal area of the filling shall in -ne iffst.enee. exeeed 40 feet in width
The above
exceptions shall not be construed to be relief from any other governmental agency
having jurisdiction. Wetlands will be determined by New York State Department of
Environmental Conservation Wetlands Maps, the Qiueensbury Planning Board and/or
any governmental agency having jurisdiction.
D. Section 179-6-050(D)(2) is amended to add the following:
§179-6-050(D)(2)09 Standards for Stream Crossings and Stream Bed Disturbances
The following criteria shall apply to all stream crossings and stream bed
disturbances.
[11 Stream crossing, channelization, or piping is allowed only for utility crossings,
logging roads, public roads (including subdivision roads to be accepted), approved
private roads, and driveways to access private real property.
f21 Separate road and utility crossings shall not be approved when the
consolidation of the proposed crossings is feasible.
[31 When separate road and utility crossings are necessary, the preferred
methodology for utility establishment shall be by directional boring under the
stream bed.
[41 The number of crossings shall be limited to one per site per stream.
Note: Language in hold italics is new language to be added;
Language with lifie dfavom thEough is old language to be deleted.
2
[51 When culverts or arches are used, they shall be used so as to maintain the
natural course and bed of the stream.
[61 Culverts and arches must be sized and designed in accordance with standard
design practices, including allowing for safe passage for wildlife and floodplain
flows.
171 All stream crossings shall be designed to safely pass the fifty (50)year, peak
storm event. The Town may require additional design features it determines
necessary to prevent a hazard to downstream property and natural resources.
[81 Stream crossings shall not impound water during the 10 year storm event.
19.1 Stream crossing structures shall be designed to span one and one fourth (1.25)
times the stream bed width.
1101 Culverts shall be embedded twenty percent (2094) along their entire linear
length.
1111 Any stream bed disturbance shall promote the natural shape, slope, and
substrate of a stream.
1121 Any stream bed disturbance shall be limited to lire minimum disturbance
necessary.
"31 Creation of land disturbance and impervious areas for driveways shall be
limited to a maximum width of twenty (20) feet. Land disturbance and impervious
areas for roads shall be limited to thirty (30) feet within the Lake George Park.
Where fill is necessary to create such a driveway, the basal area of the filling within
wetland areas with side slopes is not to exceed three on one. If this standard
conflicts with standards at §179-6-05O(D)(2), this provision shall control.
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
3
[141 Crossings that convey wastewater shall be depicted on a survey map prepared
and stamped by a professional surveyor licensed to operate in New York State. The
survey map shall be filed with the Office of the Warren County Clerk.
[151 No permit shall he issued pursuant to this Subpart unless the Town first
determines that the activity is reasonable and necessary, will not endanger the
health, safety or welfare of the public, and will not cause damage to downstream
properties or natural resources.
Section 3. Amendment of Chapter A183 — Chapter A 183 of the Queensbury Town
Code, entitled "Subdivision of Land" is hereby amended as follows:
A. §A183-27(A)(1 )(c) Road layout shall minimize stream crossings and be
perpendicular to the stream, traversing existing slopes exceeding 25% measured
perpendicular to the road. All stream crossings and stream bed disturbances shall
comply with the design standards in §1 79-6-050(D)(2)09 of Town Code.
Section 4. Severability — The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 5. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Stormwater Management code.
Section 6. Effective Date — This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language • ith line a..,,..... ` wetig is old language to be deleted.
4
Short Environmental Assessment Farm
Part I - Project Information
Instructions for Completing
Part I — Project Information. The applicant or project sponsor is responsible far the completion of Park I. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete ease answer 1 based n
information currently available. If additional research or investigation would be needed to fully respond to any item, g
thoroughly as possible based an current information.
Complete all items in Part I . You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
F
Project and Sponsor information
f Action or Project:of LL No.: of 2023 Amending Chapter 179 and Chapter A183 of Queensbury Town Code
rego
I_.ocation (describe, and attach. a location map):
Queensbury, Warren County
escription of Proposed Action:n Board seeks to amend the Town of Queensbury stream corridor regulations in response to Lake fiaeorge Pa anges is to make pier 179 anon hapter(LGP }
Tally cansstem k b h LGpC eyulations furl to support the common goal orf Pro9posed de ch a p n water 4aliry 1and Chapter A183
of Applicant or Sponsor: Telephone: 818-761-8229
Town Board. Town of Queensbury
E-Mail: r]bygupervisor�Queensbury.nel
Address:
742 Bay Road State: Zip Code:
City1P0: Ny 12804
Queensbury NO YES
1 . Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
adtnin'tstrative rule, or regulation? ❑ �_/ {
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
maybe affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other government Agency? YES
If Yes, list agency(s) name and permit or approval:
acres
3. a. Total acreage of the site of the proposed action? acres
b. Total acreage to be physically disturbed?
c. Total acreage (project site and any contiguous properties) owned acres
or troiled by the applicant or project sponsor?
4. Check all land uses that occur on, are adjoining or near the proposed action:
Q Urban [] Rural (non-agriculture) Industrial 0 Commercial Residential (suburban)
0 Forest 0 Agriculture Q Aquatic other(Specify):
0 Parkland
sEAF tots
Page 1 of 3
5. Is the proposed action, N(7 Y
ES
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ Q
?. Is the site of the proposed action located in, or does it adjoin, a state listed {Critical Environmental Area? NO YES
If Yes, identify_
0 F1
S. a. Will the proposed action result in a substantial increase in traffic above present levels? km
ES
b. Are public transportation services available at or near the site of the proposed action? D
EJ
C. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposedE
action? Q
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements, describe design features and technologies:
10. Will the proposed action connect to an existing public/private water supply? N
O
If No, describe method for providing potable water:
11 , Will the ,proposed action connect to existing wastewater utilities?
NO
If No, describe method for providing wastewater treatment:
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or distwhich is listed on the National or State Register of Historic Places, .or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for ❑ ❑archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodics regulated by a federal, state or local agency? NO YES
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ❑ El
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 0
Page 2 of 3
o A
f
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
[]Shoreline Q Forest [] Agricultural/grasslands [] Early mid-successional
0 Wetland M Urban C1 Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, Iisted by the State or NO YES
Federal government as threatened or endangered?
a a
16. Is the project site located in the 100-year flood plan? NO YES
17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES
If Yes,
a. Will storm water discharges flow to adjacent properties? F -
b. Will storm water discharges be directed to established conveyance systems (runoff and stonn drains)?
If Yes, briefly describe: El El
I8. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids (e.g., retention pond, Waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment: El
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid Waste NO YES
management facility?
If Yes, describe:
� El
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES
completed) for hazardous waste?
If Yes, describe- f�
tJ
I CERTIFY THAT THE INFORMATION PROVIDED ,ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsortna own Board, Town of eenabury, Date- 3.
Signature. Title: Town Supervisor
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