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1.1 1.1 RESOLUTIONSTOCAL LAWSTNACTMENIThapter 136—ETU Definition and Changes—11-20--2023 RESOLUTION ENACTING 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, 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 duly held a public hearing on Monday, August 21' and November 20, 2023 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: of 2023, "A Local Law Amending Chapter 136 `Sewers and Sewage Disposal' of the Queensbury Town Code" in substantially the form presented at this meeting, 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. Duly adopted this 20t'day of November, 2023,by the following vote: AYES NOES ABSENT: r L0 CAL LAW51Chapter 136 — FTU Units and Changes — 11-20-2023 LOCAL LAW NO.. OF 2023 A LOCAL LAW .AMENDING CHAPTER. 136 "SEWERS AND SEWAGE DISPOSAL" OF THE QUEENSBURY TOWN CODE BE IT EIVACTED BY THE TO"W BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: ARTICLE 1 . Article I of Town Code Chapter 136 entitled "General Provisions" is hereby amended to insert at Section 136-6 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. Article II of Town Code Chapter 136 entitled "Standards" is hereby amended by altering Section 136-9(A) 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, within 500 feet of the shoreline of Lake Sunnyside and within the Critical Environmental Areas known as "Round Pond". "Rush Pond" and "Glen Lake and Surrounding Area". See Appendix F for high groundwater determination and percolation test procedure. ARTICLE 3. Article II of Town Code Chapter 136 entitled "Standards" is hereby amended by adding a new subdivision D to Section 136-9 as follows and to adjust the lettering of the --------------------------------------------------------------------------------------- Note: Language in bold italics is new language to be added; Language with line drawn `` roug is old language to be deleted. 1 remaining subsection accordingly: D. For systems installed or modified after the effective date of this provision, the reduction in absorption area and trench length allowed by Appendix 75 A of DEC Design Standards for ETUs (10 NYCRR Appendix 75 A.6(h)(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 1000 feet of the shoreline of Lake George and/or within 500 feet of the shoreline of Lake Sunnyside and/or within the Round Lake Pond CEA, Rush Fond CEA and Glen Lake and Surrounding Area CEA. ARTICLE 4, Appendix B Table 2 incorporated into Chapter 136 is hereby repealed and replaced with the attached Table to reflect the text changes to Section 136-9(A). 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 hold italics is new language to be added; Language is old language to be deleted. 2 r SEWERS AND SEWAGE DISPOSAL 136 Attachment 2 Town of Queensbury Appendix B Table 2 VerticaI Distances From Base of Sewage Treatment Facilities to Elements Listed Below (feet) � Sn i Y i; r Absorption field 2 3 3 3 3 Seepage pit 3 3 3 3 3 Fill or built-up system 1 2 3 Not allowed2 Not allowed2 Not allowed2 Evapotranspiration- 2 3 Not allowed Not allowed l Not allowedl absorption system l Sanitary privy pit 2 3 3 3 3 Privy, watertight pit 2 2 2 2 2 NOTES: I Vertical distances from the base of the fill material. 2 Holding tanks would be acceptable alternatives. 3 This column pertains to land within the Round Pond CEA, Rush Pond CEA and the Glen Lake and Surrounding Area CEA. 136 Attachment 2: 1