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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:
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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
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Note: Language in bold italics is new language to be added;
Language with line drawn `` roug is old language to be deleted.
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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.
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Note: Language in hold italics is new language to be added;
Language is old language to be deleted.
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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