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1.1 1.1 RESOLUTIONS\LOCAL LAWS\ENACTMENT\Chapter 179 and 183 Stream Corridors Update—5-1-2023 RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW NO. OF 2023 TO AMEND CHAPTER 179 AND CHAPTER A183 OF QUEENSBURY TOWN CODE RESOLUTION NO.: ,2023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to consider adoption of proposed 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 in substantially the form presented at this meeting, and WHEREAS, by Resolution No.: 161, 2023, the Town Board referred the proposed Local Law to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on or about April 21, 2023 the Town received a recommendation from the Warren County Planning Department of No County Impact, and WHEREAS, by Resolution No.: 161, 2023, the Town Board referred the proposed zoning changes to the Adirondack Park Agency, and WHEREAS, before the Town Board may amend the Town Code, it must hold a public hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law, and WHEREAS, the Town Board duly held a public hearing on Monday, May 1, 2023 and heard all interested persons, and WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA) the Town Board has reviewed Part 1 and completed Part 2 of the Short Environmental Assessment Form as required under SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board has considered the potential effects of the proposed Local Law and issues a SEQRA Negative Declaration, finding that it will not adversely affect the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby enacts Local Law No.: of 2023 entitled, "A Local Law To Amend Chapter 179 and Chapter A183 Of Queensbury Town Code" in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that such enactment is contingent upon review and approval by the Adirondack Park Agency in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk, upon Adirondack Park Agency approval, 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 will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: of 2023 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and the Warren County Planning Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this I"day of May, 2023, by the following vote: AYES NOES ABSENT: LOCAL I AWMChapters 179 and 183 — Stream Corridor — Lake George Park Commission Changes — 5-[-2G23 LOCAL LAW NO.. OF 2023 A LOCAL LAW TO AMEND CHAPTER 179 AND CHAPTER A183 OF +QUEENSSURY TOWN COME BE 1T EAACTED By THE QUEENSBURY TOWNBOARD 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. erection 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 BE17: The flow area of a stream at and below the high water mark of a stream, 130 Section 179-6-050(D)(2) is amended as follows: i 79-6-050(D)(2) Alteration to the shoreline or stream bed. C. Section 179-6-050(D)(2)(c)[4] is amended as follows: § 179-6-050(D)(2)(e)[4] 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 iterlics is new language to be added; Language with line drawn thFough 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 (i.e. porous pavers) may be created within 75 linear feet of all regulated streams, wetlands and rivers. J + a > dr-Areway x the basal area of the filling shall in He instanee exreeed 40 feet in NAridth "rithin "re0and areas with side slopes not to exseed thfee an ene slopes. 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 Queensbury Planning Board and/or any governmental agency Leaving jurisdiction. D. Section 179-6-OSO(D)(2) is amended to add the following: §179--6-050(D)(2)09 Standards for Streanx Crossings and Stream Bed Disturbances The following criteria shall apply to all stream crossings arzd 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. [21 Separate road and utility crossings shall not be approved wirer: the consolidation of the proposed crossings is feasible. 131 When separate road and utility crossings are necessary, the preferred methodology for utility establishment shall be by directional boring tender the stream bed. [41 The number of crossings shall be limited to one per site per stream. Note: Language in bold italics is new language to be added; Language is old language to be deleted. 2 15f 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 mast be sized and designed in accordance with standard design practices, including allowing for safe passage for wildlife and floodplain flows. [7[ All stream crossings shall be designed to safely pass the fifty (50)year, peak storm event. The Town may rewire additional design features it determines necessary to prevent a hazard to downstream property and natural resources. 18,1 Stream crossings shall not impound water during the 10 year storm event. [91 Stream crossing structures shall be designed to span one and one-fourth (1.25) times the stream bed width. [141 Culverts shall be embedded twenty percent (21I916) along their entire linear length. [111 Any stream bed disturbance shall promote the natural shape, slope, and substrate of a stream. [12] Any stream bed disturbance shall be limited to the minimum disturbance necessary, [13] Creation of land disturbance and impervious areas for• driveways shall be limited to a maxinxum 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 theflling within wetland areas with side slopes is not to exceed three on one. If this standard conflicts with standards at §179-6-050(I1)(2), this provision shall control. Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 3 [141 Crossings that convey wastewater shall be depicted on a survey wrap 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. f15J No permit shall be 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 AE83 --- Chapter A183 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 conxply with the design standards in fi179-6-050(D){2}(/} 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 S. 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 • .:th_ lin-0 d_.,.. n t _aug is old language to be deleted. 4 r i Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part I — Project Information. The applicant or project sponsor is responsible for the completion of Part 1, Responses become part of the application for approval or funding, arc subject to public review, and may be subject to further verification_ Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on 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. Part 1 -- Project and Sponsor Information Name of Action or Project. Adoption of ILL No.: _ of 2023 Amending Chapter 179 and Chapter A183 or Queensbury Town Code Project Location (describe, and attach a location map): Town of Queensbury, warren Counly Brief Description of Proposed Action: The Town Board seeks to amend the Town of Queensbury stream corridor regulations In response to Lake George Park Commission (LGPC) regulations changes that became effective on April t, 2021. Then intent of the proposed code changes is to make Chapter 179 and Chapter At83 au bate ntially consistent with LGPC reputations for to support the common goal of improving and protecting water quality. Name of Applicant or Sponsor: Telephone.• 518-76l a229 Town Board, Town of Queensbury E-Mail: QbySupervisorQqueensbury.nst Address: 742 Bay Read City/PO: State: Zip Code: Queensbury NY 12804 1 . Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? IfYes, attach'a narrative description of the intent ofthe, proposed action and the environmental reisources.:thatEl 0 may be 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 Ageney? NO YES If Yes, list agency(s) name and permit or approval: ❑ ❑ 3. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor`? acres 4. Check all land uses that occur on, are adjoining or near the proposed action. [ Urban Rural (non-agriculture) 0 Industrial d Commercial © Residential (suburban) Forest Agriculture F-1 Aquatic t7ther(Specify): 0 Parkland Page 1 of 3 SEAF 2019 { t 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ b. Consistent with the adopted comprehensive plan? ] ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: El El NO YES B. a. Will the proposed action result in a substantial increase in traffic above present levels? O D b. Are public transportation services available at or near the site of the proposed action? C. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ action? 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: ❑ FA 10. Will the proposed action connect to an existing publi&private water supply? NO YES If No, describe method for providing potable water: 11 . Will the proposed action connect to existing wastewater utilities? NO YES 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 district NO YES which 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 NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ❑ b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? EJ 0 If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 r 14. Identify the typical habitat types that occur on, or are likely to be found an the project site. Check all that apply: I]Shorclinc p Forest 0 Agricultural/grasslands E3 Early mid-successional 0 Wetland 0 Urban 0 Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? 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, 0 0 a. Will storm water discharges flow to adjacent properties? ❑ '0 b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? Q 0- If Yes, briefly describe: 19. 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: EJ 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: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE ARID ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/na own Board, Town of eanabury 17ate: 3, t/—,13'�d Signature: Title: Town Supervisor r PRINT FORM page 3 of 3 Agency Use Only [If applicable] Project- LL No. _ of 2023 - Ch. 179 & At83 Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Park 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1 . Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 1:3 El 2. Will the proposed action result in a change in the use or intensity of use of land? 0 Q 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ El establishment of Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing, level of traffic or EJ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El El available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public J private water supplies? El 0 b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g-, wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage El ❑ problems? 11 . WiIi the proposed action create a hazard to environmental resources or human health? PRINT FORM Pagel of`2 SEAF 2019 M` Agency Use Only [If applicable] Project, LL NO. _ of 2023 - Ch Date: Shorn Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town Board, Town of Queensbury May 1 , 2023 Name of Lead Agency Date John F. Strough, III Town Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of