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RESOLUTIONS\LOCAL LAWS\Set Public Hearing\Chapter 136—ETU Definition and Changes—8-7-2023
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _ OF 2023 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 136 "SEWERS AND SEWAGE DISPOSAL"
RESOLUTION NO. ,2023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2023 to amend Queensbury Town Code Chapter 136 entitled "Sewers and Sewage Disposal" to
better protect the lands and waters proximate to onsite wastewater treatment systems; and
WHEREAS, if adopted, the proposed Local Law would amend Chapter 136 to include a
definition of"Enhanced Treatment Unit or ETU"; require a minimum separation distance of 500 feet
between septic leaching facilities and Lake Sunnyside and/or within the Round Pond Critical
Environmental Area (CEA), Rush Pond CEA and Glen Lake and surrounding area CEA and disallow
application of a certain reduction of absorption area and trench length requirements otherwise available
to ETUs under State Regulations, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal Home
Rule Law §10, Town Law Article 16 and the Town's inherent police powers; 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, August 21, 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 Queensbury Town Clerk
to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2023 in the
manner provided by law.
Duly adopted this 7t'day of August, 2023,by the following vote:
AYES
NOES
ABSENT:
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LOCAL LAWS\Chapter 136—ETt]Units and Changes—August 21 2023
LOCAL LAW NO.: OF 2023
A LOCAL LAW AMENDING CHAPTERS 136 "SEWERS AND SEWAGE
DISPOSAL" OF THE QUEENSBURY TOWN CODE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
ARTICLE 1. Section 136-6 of the Queensbury Town Code entitled "Definitions" is hereby
amended to insert the following definition in alphabetical order:
ENHANCED TREATMENT UNIT or ETU
A premanufactured structure that provides enhanced treatment of wastewater prior to
discharge to a subsurface soil absorption area. Such units provide for the biological and
physical treatment of wastewater to reduce the amount of biochemical oxygen demand and
total suspended solids of wastewater effluent prior to distribution to an absorption area.
Such units typically lack one or more component parts typical of conventional OWTS.
ARTICLE 2. Section 136-9(A) of the Queensbury Town Code is hereby amended as
follows:
A. The natural ground intended for the leaching facility must have a minimum depth of
three feet of usable soil above bedrock, impervious material or maximum high seasonal
groundwater within 1,000 feet of the shoreline of Lake George and/or within 500 feet of
the mean-high water of Lake Sunnyside and/or within the Round Pond CEA, Rush Pond
CEA and Glen Lake and Surrounding Area CEA. See Appendix F for high groundwater
determination and percolation test procedure.
ARTICLE 3. A new subdivision D of Section 136-9 of the Queensbury Town Code is
hereby added as follows and the remaining subsection lettering is adjusted accordingly:
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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D. The reduction in absorption area and trench length allowed by Appendix 75-A or
DEC Design Standards for ETUs (10 NYCRR Appendix 75-A.6(b)(6)(ii)(d)) as well as
open bottom gravelless chambers (10 NYCRR Appendix 75 A.8(c)(3)(i)) shall not apply to
Wastewater Treatment Systems within the Town of Queensbury for systems installed or
modified after the effective date of this provision.
ARTICLE 4. The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 5. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict
with any part of this Local Law are hereby repealed.
ARTICLE 6. This Local Law shall take effect upon filing in the office of the New York
State Secretary of State.
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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