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LOCAL LAWS&ORDINANCES\ENACTMENT\CHAPTER 179—Water Extraction and Transport—4-20-15
RESOLUTION ENACTING LOCAL LAW NO.: OF 2015 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 "ZONING"
RELATING TO WATER EXTRACTION AND TRANSPORT
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2015 to amend Queensbury Town Code Chapter 179, entitled"Zoning,"to add a definition of
"Water Extraction"and provide for and regulate such land use within the Town of Queensbury, and
WHEREAS, the Town of Queensbury Planning Board received a Full Environmental
Assessment Form relating to a proposal by"JUST Beverages, LLC," on behalf of the City of Glens
Falls concerning its proposed use of water supply from the City of Glens Falls Watershed Property
located off of Butler Pond Road(the"Project"), and
WHEREAS,the Project requires the following approvals/permits:
• Town Board — Addition of Water Extraction as an allowed use within the LC10
zone;
• Town Planning Board—Site Plan Approval;
• NYS DOH—Permit for Water Source;
• NYS DEC—Water Supply Permit Modification and Water Withdrawal Permit;
and
WHEREAS, together these proposals constitute an "Action" for purposes of review under
the New York State Environmental Quality Review Act(SEQRA),and
WHEREAS, prior to the Town Board taking any further action or making a decision about
water extraction as an allowed use in the Town's LC 10 Zone, it was necessary for the proposed
zoning change, Site Plan review and related approval steps to be reviewed as one "Action" in a
Coordinated Review under SEQRA,and
WHEREAS, the Planning Board has the necessary knowledge and experience to review and
evaluate the potential environmental effects of the Action, and therefore, by Resolution No.
93,2015, the Town Board consented to the Planning Board serving as Lead Agency,and
WHEREAS, on March 24th, 2015, the Planning Board, as SEQRA Lead Agency,
considered the proposed Local Law, reviewed the Full Environmental Assessment Form,
thoroughly analyzed the Local Law and related steps for potential environmental concerns,
determined that the Action would not have a significant effect on the environment, authorized and
directed the Planning Board Chairman to complete the Full Environmental Assessment Form by
checking the box indicating that the proposed Action would not result in any significant adverse
environmental impacts, approved a SEQRA Negative Declaration and authorized and directed the
filing of any necessary documents in accordance with the provisions of the SEQRA Regulations,
and
WHEREAS, before the Town Board may amend its Zoning Law and/or Map, it must hold a
public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule
Law and the Town of Queensbury Zoning Law,and
WHEREAS, by Resolution No. 94,2015, the Town Board set its required public hearing
and duly held such public hearing on Monday, April 6th, 2015 and on Monday, April 20th, 2015,
heard all interested persons and closed such public hearing, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the
proposed Local Law and Site Plan Review application to the Warren County Planning Office and
on or about February 24th, 2015,the Warren County Planning Office considered the proposed Local
Law and Site Plan Review application and responded"no county impact,"and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency (APA)
for proposed Zoning Law amendments prior to adoption and on April 17th, 2015, the APA
considered the proposed Local Law and adopted Resolution 2015-1 approving the Town's
proposed Local Law, and
WHEREAS, this legislation is authorized in accordance with New York Municipal Home
Rule Law §10,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board, hereby enacts Local Law No.: of 2015
to amend Queensbury Town Code Chapter 179 entitled "Zoning," to add a definition of"Water
Extraction" and provide for and regulate such land use within the Town of Queensbury, 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 Department 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 20th day of April, 2015,by the following vote:
AYES :
NOES :
ABSENT:
LOCAL LAWS\Chapter 179—Water Extraction and Transport—4-6-15
LOCAL LAW NO. OF 2015
A LOCAL LAW AMENDING
TOWN OF QUEENSBURY ZONING LAW RELATING
TO WATER EXTRACTION AND TRANSPORT
Be it Enacted by the Queensbury Town Board as Follows:
Section 1. Intent; Authority — The Town Board acknowledges the absence of any
explicit definition of `Water Extraction' or such use of land within Chapter 179 of the Town
Code and wishes to exercise its legislative authority to provide for and regulate such land use
within the Town. The Town Board recognizes that the extraction of water has occurred for
over 125 years on the lands of the City of Glens Falls watershed (the largest landowner within
the Town). The extraction of water for on-site residential, industrial, commercial or
agricultural water use is not governed by this section. This Local Law is adopted pursuant to
New York Municipal Home Rule Law.
Section 2. Amendment of Zoning Law —Chapter 179 of the Queensbury Town Code,
entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as
follows:
A. Paragraph C. of Section 179-2-010, entitled "Definitions and word usage"
is amended as follows:
(1) The following new definition of"Water Extraction" is added:
WATER EXTRACTION - means withdrawal, removal, diversion,
taking, or collection by any means of water from ground water sources,
aquifers, springs, wells, pumps, or similar, and including the
Language in bold italics is new language to be added;
Language is old language to be deleted.
(1)
infrastructure associated with the water extraction process necessary for
its withdrawal and transport offsite. Water Extraction as herein defined
does not include the withdrawal of water for on-site uses.
B. Article 9, entitled "Site Plan Review" is amended as follows:
(1) by adding new Section 179-9-085, entitled "Specific standards", together
with the following new subsections:
A. Water Extraction applicants shall submit a full site plan review
application in conformity with the requirements established by the Town.
B. Water Extraction applicants shall provide evidence of fee title ownership
of a minimum of 200 contiguous acres within a Land Conservation zone by
submission of copies of filed deeds with the application.
C. The Town Board of the Town of Queensbury shall establish a non-
refundable application fee which shall be provided by Water Extraction
applicants at the time of submission.
D. Water Extraction applicants shall provide: a copy of a Water
Withdrawal Permit from the New York State Department of Environmental
Conservation pursuant to Part 601 of the Department's Published Regulations
issued pursuant to Environmental Conservation Law Article 15; a copy of an
application for such permit or modification thereof; or sufficient evidence that
such permit is not required, together with such additional evidence and proof as
may be required by the Planning Board of the Town of Queensbury as
determined by its review of the submission.
E. Upon review by the Planning Board of the Town of Queensbury, the
Water Extraction applicants shall provide a statement of the maximum daily
quantity of water proposed to be extracted,from all extraction points identified
by the applicant, the specific location of the identified extraction points, the
Language in bold italics is new language to be added;
Language is old language to be deleted.
(2)
method of extraction and copies of any permits (applied for or existing),
approvals or denials issued by any state or federal agency having jurisdiction of
the extraction method, including the New York State Department of Health, as
may be applicable, the hours of operation,projected traffic volumes relative to
the water volumes proposed to be extracted, projected noise volumes, area
lighting proposed for the site and any other similar site conditions as may be
required by the Planning Board.
F. Water Extraction applicants shall provide the Planning Board of the
Town of Queensbury with a copy of an independent report issued by a qualified
professional of a hydrogeological investigation and study which addresses at
least the following:
(1) The rates of draw down and recharge of any aquifer or other ground water
source as may have been established by a pumping or "stress test"or other
similar testing regimen accordance with accepted standards within the
geology and engineering professions.
(2) The characteristics of the aquifer or other ground source, including rates of
draw down and recharge, sustainable extraction rates, aquifer boundaries,
recharge areas, impacts on the water table, and impacts on any and all
existing water bodies including but not limited to lakes, ponds, rivers,
streams, and wetland areas and private wells or other existing extraction
locations within the zone of contribution.
(3) Possible effects on the aquifer or other ground water resources which might
result in the disturbance of existing minerals such as, but not limited to, iron,
manganese, arsenic, and uranium, and any health hazards raised by such
disturbance(s) or other impacts including issues such as drinking water
turbidity, clarity, and aroma.
Language in bold italics is new language to be added;
Language is old language to be deleted.
(3)
(4) Proposed extraction volumes shall be sustainable as demonstrated by the
study based upon the applicant's land holdings being significant enough to
produce sustainable draw of at least the proposed amount from the
applicant's proportional land holdings.
G. Water Extraction applicants shall include on the site plan the location of
all water bodies located within 500 feet of the extraction point, the precise
surveyed location of the extraction point, the existing network of roadways in
the vicinity of the extraction point, any proposed new roadways, and any other
relevant and material detail(s) bearing on the proposed extraction process the
omission of which would tend to hinder the ability of the reviewing authority,
affected land owners or the public from developing a full understanding of the
scope and impact of the proposal.
H. The Planning Board of the Town of Queensbury shall properly notice
and conduct a Public Hearing convened for the purpose of reviewing the
application in conformity with the general requirements of site plan review.
The Planning Board shall be entitled to adopt whatever procedural rules for the
hearing, including the imposition of reasonable time limits for the
presentations of the applicants, opponents if any, and the general public, it
deems appropriate, fair, and reasonable calculated to afford a full
consideration of the issues pertaining to the application.
I. Water transport vehicle access to the extraction site for loading purposes
shall occur in such a manner as to safeguard against hazards to traffic and
pedestrians on adjacent streets or roads; avoid traffic congestion and traffic
safety hazards, or other safety risks identified by the review process.
J. Water transport vehicle traffic shall be designed so as to not exceed the
capacity of existing town roadways or cause premature failure, aging or
diminished utility of those roadways. Site plan approval may be conditioned
Language in bold italics is new language to be added;
Language is old language to be deleted.
(4)
upon tender of appropriate financial security or direct payment sufficient to
repair or improve degraded roadway conditions proximately caused by the
water transport vehicle traffic.
K. Water extraction points shall be located no closer than One Thousand
(1000) feet from the nearest residence. This provision is only applicable to
water extraction and transport off-site and is not applicable to on site
residential, industrial, commercial or agricultural purposes.
L. Water Extraction Points shall be selected to minimize impact upon the
environment and applicants shall limit site clearing and roadway development
to the minimum necessary to achieve access.
C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is
amended as follows:
(1) "Water Extraction"is added as a Site Plan Review(SPR) use in the Land
Conservation— 10 Acre (LC-10) and Land Conservation—42 Acre (LC-42)zones.
Section 3. Severability — The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or
part thereof
Section 4. Repealer— All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular,
this Local Law is specifically intended to supersede the amended provisions of the current
Town of Queensbury Zoning Law.
Section 5. Effective Date — This Local Law shall take effect upon filing in the
office of the New York State Secretary of State or as otherwise provided by law.
Language in bold italics is new language to be added;
Language with li e drawn through is old language to be deleted.
(5)
Feb15-17
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on February 24, 2015
Project Name: Town of Queensbury
Owner: Town of Queensbury
ID Number: QBY-15-LL-02
County Project#: Feb15-17
Current Zoning:
Community: Queensbury
Project Description:
Per Resolution No.93 of 2015,applicant is propoing Queensbury Planning Board seek Lead Agency status regarding
proposed zoning amendment and City of Glens Falls'site plan application for proposed modification of public water
supply and consenting to Planning Board serving as Lead Agency.
Site Location:
Tax Map Number(s):
Staff Notes:
The issues here appear to be of a local nature involving local issues without any significant impacts on County properties
or resources. Staff recommends no county impact with a recommendation based on the information submitted according
to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project.
Local actions to date(if any):
County Planning Department:
NCI
Local Action:/Final Disposition:
llf E h/y}d 027 „4r/3'
Warren County Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
Feb15-18
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on February 24, 2015
Project Name: Town of Queensbury
Owner: Town of Queensbury
ID Number: QBY-15-ZA-01
County Project#: Feb15-18
Current Zoning:
Community: Lake-Luzerne
Project Description:
Per Resolution No.94 of 2015,applicant is proposing to amend Town Code Chapter 179 entitled,"Zoning"relating to
water extraction and transport.
Site Location:
Tax Map Number(s):
Staff Notes:
The issues here appear to be of a local nature involving local issues without any significant impacts on County properties
or resources. Staff recommends no county impact with a recommendation based on the information submitted according
to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project.
Local actions to date(if any):
County Planning Department:
NCI
Local Action:/Final Disposition:
.6.11,--X1 027 P1 ao,a r-
Warretkounty Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
EWYORK Adirondack
STATE OF
OPPORTUNITY, Park Agency
LEJLANI CRAFTS ULRICH TERRY MARTINO
Chairwoman Executive Director
April 17, 2015
Honorable John Strough
Town of Queensbury
742 Bay Road
Queensbury, NY 12804 -
Dear Supervisor Strough:
I am pleased to enclose a copy of Resolution 2015-01 adopted by the Adirondack Park
Agency at its April 17, 2015 meeting. The resolution unanimously approved the
proposed April 2015 amendments to portions of the Town of Queensbury's Agency-
approved local land use program involving the addition of"water extraction" as a
defined use with review standards. Please be advised that the Town must provide the
Agency with a clerk-certified copy of the amendments upon enactment by the Town and
filing of the amended local law with the NYS Department of State.
If you have any questions, please contact Kathy Regan, Deputy Director, Planning.
Agency staff look forward to assisting the Town on future planning efforts.
Sincerely,
Terry Martino
Executive Director
Enclosure
cc: Darleen Dougher, Town Clerk
Craig Brown, Director of Planning
Stuart Baker, Senior Planner
Kathy Regan, APA
Robyn Burgess, APA
P.O.Box 99•1133 NYS Route 86•Ray Brook.NY 12977•Tel:518 891-4050•Fax:518 891-3938•www.apa.ny.gov
NEWYORK Adirondack
STATE OF
OPPORTUNITY. par . Agency
LEILANI CRAFTS ULRICH TERRY MARTINO
Chairwoman Executive Director
RESOLUTION 2015-1
AMENDMENTS TO THE TOWN OF QUEENSBURY
LOCAL LAND USE PROGRAM
April 17, 2015
WHEREAS, the Town of Queensbury ("Town") administers a local land use program
("local program) conditionally approved by the Adirondack Park Agency ("Agency")
pursuant to Section 807 of the Adirondack Park Agency Act, the Agency having
approved the local program on August 6, 1982; and
WHEREAS, the Town proposes to amend its local program by adding "water extraction"
as an allowable use in the Town's LC-10 and LC-42 districts by site plan review subject
to specified standards for review and approval; and
WHEREAS, the Town submitted the proposed amendment to the Agency for review
and approval on February 23, 2015 pursuant to municipal resolution #94-2011; and
WHEREAS, after consultation with Agency staff, the Town submitted a revised,
proposed amendment, dated April 6, 2015, to the Agency for consideration; and
WHEREAS, among other requirements intended to ensure the protection of water
resources in the Town associated with water extraction proposals, the proposed
amendment would require applicants to provide a Water Withdrawal Permit issued by
the New York State Department of Environmental Conservation or other sufficient proof
of compliance with that agency's statutory and regulatory requirements pertaining to the
State's protection of water resources; and
WHEREAS, the revised, proposed amendment satisfies the approval criteria set forth in
Section 807(2) of the Adirondack Park Agency Act; and
WHEREAS, on March 24, 2015, the Town Planning Board, as lead agency, issued a
negative declaration pursuant to the State Environmental Quality Review Act finding
that the proposed amendment would not have a significant effect on the environment.
P.O.Box 99•1133 NYS Route 86•Ray Brook, NY 12977•Tel:518 891-4050•Fax:518 891-3938•www.apa.ny.gov
NOW, THEREFORE, BE IT RESOLVED that the Town's April 6, 2015 proposed
amendment to its local program is hereby approved by the Adirondack Park Agency.
BE IT FURTHER RESOLVED that upon adoption by the Town, the Town shall provide
a copy of the final version of the amended local law to the Agency's Planning Division
so that the Agency may update its copy of the Town's zoning law.
BE IT FINALLY RESOLVED that the Agency further directs its staff to continue to
provide technical assistance to the Town on its local program plan and to coordinate in
the review of projects of regional significance.
Resolution adopted on this date, April 17, 2015.
AYES: Chairwoman Ulrich, L. Mahoney, R. Booth, A. Lussi, W. Thomas, B. Austin, S.
Craig, R. Stegemann
NAYS: none
ABSTENTIONS: none
ABSENCECES: K. Feldman, D. Wilt
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