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LOCAL.LAWS&ORDINANCESTNACTMENTMCHAPTER 179-Mary Changes—6-16-14
RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2014 TO DELETE
QUEENSBURY TOWN CODE CHAPTER 105 "LAND USE PROCEDURES"
AND AMEND CHAPTER 179 "ZONING" AND TOWN ZONING MAP
RESOLUTION NO. ,2014
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2014 to
delete Queensbury Town Code Chapter 105, entitled"Land Use Procedures," and amend Chapter 179,
entitled "Zoning" to amend language and requirements in various locations, and to make revisions to
the Town Zoning Map, and
WHEREAS, before the Town Board may amend its Zoning Law and Map, it must hold a
Public Hearing in accordance with provisions of the Municipal Home Rule Law and the Town of
Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the
proposed amendments to the Town's Zoning Law and Zoning Map prior to adoption, and
WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of
Agency regulations, and
WHEREAS, the proposed changes to the Town Zoning Law and Town Zoning Map
constitute a Type I action under SEQRA and the Town Board therefore prepared Part 1 of a Full
Environmental Assessment Form(EAF)for use in the SEQRA environmental review, and
WHEREAS, in accordance with the State's SEQRA regulations, the Town Board, on May
19�', 2014 by Resolution No.: 183, 2014, declared its intent to be the Lead Agency for the required
SEQRA environmental review for the proposed zoning revisions and map changes, and
WHEREAS, the Queensbury Town Board previously notified the only other Involved
Agency, the Adirondack Park Agency, of the Town Board's intent to be Lead Agency for the
SEQRA review of the proposed zoning revisions, and
WHEREAS, by letter received , 2014 the Adirondack Park Agency consented
to the Town Board serving as Lead Agency, and the Town Board hereby accepts the role of Lead
Agency for the required SEQRA review, and
WHEREAS, the Town Board has considered the proposed Local Law, reviewed Part 1 of
the EAF to analyze potential environmental impacts of proposed Local Law No.: 2 of 2014, and
completed Part 2 of the EAF, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public
Hearing prior to the adoption of any Local Law and the Town Board duly held a Public Hearing on
Monday, June 16th, 2014 concerning proposed Local Law No.: 2 of 2014 and heard all interested
persons, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the
proposed revised Zoning Code and Zoning Map to the Warren County Planning Board, which has
issued a recommendation of"No County Impact"with regard to them, and
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WHEREAS, the Adirondack Park Agency has approved the proposed revised Zoning Code
and Zoning Map [subject to certain minor revsions, which hcn�e been incorporated] and
WHEREAS, the proposed Local Law is in a form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes to
the Town Code and the Town Zoning Map will not result in any large or important detrimental
impacts and will not have a significant adverse impact on the environment, and therefore declares
a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative
Declaration -Notice of Determination of Non-Significance for this action, and
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Senior
Planner to file any necessary documents relating to this Negative Declaration in accordance with
applicable laws and regulations, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.: 2 of
2014 to delete Queensbury Town Code Chapter 105, entitled "Land Use Procedures," and amend
Chapter 179, entitled "Zoning" to amend language and requirements in various locations, and to make
revisions to the Town Zoning Map, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
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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 as provided by
law, and
BE IT FURTHER,
RESOLVED, that all applications requiring the review and approval of the Town of
Queensbury's Director of Planning/Zoning which are received and deemed complete prior to the
effective date of this Local Law shall be reviewed under the zoning regulations applicable at the time of
such applications, and all applications requiring the review and approval of the Zoning Administrator
received after the effective date of this new Local Law No.: 2 of 2014 shall be reviewed according to
the zoning requirements established by this Local Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Clerk, Senior Planner, Director of Planning/Zoning and/or Town Counsel to execute any required
documents and take any and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 16t`day of June, 2014, by the following vote:
AYES
NOES
ABSENT:
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