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RESOLUTIONS\LOCAL LAWS\Set Public Hearing\Chapter 137—Septic Systems Changes—8-7-2023
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _ OF 2023 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 137 "SEPTIC SYSTEMS"
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 137 entitled "Septic Systems" to clarify certain
inspection reporting requirements and to help harmonize the Town's "Septic Inspection Upon Property
Transfer Law"with new Regulations promulgated by the Lake George Park Commission; and
WHEREAS, if adopted, the Local Law would exempt properties conveyed within five years of
a satisfactory septic inspection from otherwise applicable requirements; 2) expand such exemption to
include satisfactory inspection performed by the Lake George Park Commission; 3) include a new
exemption for property conveyances occurring within five years of the installation of a new onsite
wastewater treatment system; and 4) clarify the necessary content of inspection reports submitted to
the Town in reference to inspections performed on enhanced treatment units; and
WHEREAS, this legislation is authorized in accordance with New York State Municipal Home
Rule Law §10 and 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:
LOCAL LAWS\Chapter 13?—Septic Systems Changes—August 212023
LOCAL LAW NO.: _ OF 2023
A LOCAL LAW AMENDING CHAPTERS 137 OF THE
QUEENSBURY TOWN CODE TITLED "SEPTIC SYSTEMS"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
ARTICLE 1. Section 137-4(C)(5) of the Queensbury Town Code is hereby amended as
follows:
(5) There is record of the property's OWTS having passed Town inspection within the
last five (5) three years.
ARTICLE 2. Section 137-4(C) of the Queensbury Town Code is hereby amended to include
a new subsection (6) as follows:
(6) The conveyance of real property occurs within the first five (5)years of installation
of entirely new OWTS provided such OWTS were fully lawful when installed and
provided further that there are no indicia of system failure, including, but not limited to,
the appearance of surface effluent and/or the presence of effluent odors. Lawful OWTS
shall include those that are lawful by virtue of the issuance of one or more septic
variances by the Town Board. For purposes of this provision,for OWTS to be considered
entirely new, their component septic tanks, pump stations and either leach fields or
seepage pits must be new and cannot have been part of the previous OWTS.
ARTICLE 3. Section 137-4(C)of the Queensbury Town Code is hereby amended to include
a new subsection (7) as follows and to renumber the remaining subparagraph of this section
accordingly:
(7) The conveyance of real property occurs within five (5) years of a satisfactory
Note: Language in bold italics is new language to be added;
Language dm n through is old language to be deleted.
inspection performed pursuant to Article II of this Chapter or within five (5) years of a
satisfactory inspection performed by the Lake George Park Commission pursuant to any
regulatory authority it may have over OWTS subject to this Article. This exemption shall
require the proponent to submit proof of such prior satisfactory inspection.
ARTICLE 4. Section 137-15 of the Queensbury Town Code entitled "Exemptions" is
hereby amended as follows:
§ 137-15 Exemptions.
ETUs that replace a conventional septic tank are exempt from pump-out requirements
provided: 1) The owner provides the Town with a maintenance agreement spanning the
following five years; and 2) The owner provides the Town with a written statement of a
certified inspector of such ETU certifying that the ETU is functioning properly and as
designed. Such an inspection will require any distribution box supplying the absorption
area and/or inspection covers in the top of seepage pits to be uncovered and removed.
The statement submitted to the Town must reflect that the inspection of such ETU
included the distribution box (if any) and absorption area and/or seepage pits (drywells).
The statement must include a statement from the inspector that the absorption area
connected to the ETU was found to be functioning properly.
ARTICLE 5. 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 6. 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 7. 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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