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2.1 2.1 LOCAL LAWS\ENACTMENTWoratornun on Multitanuly ni Bay Road Office Zone—EXTEND-8-3-15 RESOLUTION ENACTING LOCAL LAW NO.: _ OF 2015 TO EXTEND TEMPORARY MORATORIUM ON RESIDENTIAL MULTIFAMILY CONSTRUCTION WITHIN BAY ROAD OFFICE DISTRICT 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 entitled, "A Local Law to Extend Temporary Moratorium on Residential Multifamily Construction in the Bay Road Office District for Additional Two (2) Months" which Law shall authorize the extension of a temporary moratorium on site plan review and subdivision applications regarding residential multifamily use properties located within the Town of Queensbury's Bay Road Office District for an additional two (2) months, through October 9th, 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor, whichever date comes first, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, on or about January 22"d, 2015 the Warren County Planning Department considered the moratorium, determined that it involved local issues without any significant impacts on Warren County properties and therefore recommended no County impact, and WHEREAS, on or about January 27th, 2015, the Queensbury Planning Board considered the moratorium and adopted a Resolution whereby it would recommend careful review of projects as currently practiced and develop a plan for sewer expansion in anticipation of future needs versus establishing a moratorium, as well as to meet with the Town Board to review concerns concerning the temporary moratorium, and WHEREAS, the Town Board duly held a public hearing on Monday, August 3rd, 2015 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: of 2015 "A Local Law to Extend Temporary Moratorium on Residential Multifamily Construction in the Bay Road Office District for Additional Two (2) Months" which Law shall authorize the extension of a temporary moratorium on site plan review and subdivision applications regarding residential multifamily use properties located within the Town of Queensbury's Bay Road Office District for an additional two (2) months, through October 9th, 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor, whichever date comes first, 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 3rd day of August, 2015, by the following vote: AYES NOES ABSENT: Moratorium on Multifamily in Bay Road Office District—EXTEND-7-20-15 LOCAL LAW NO. OF 2015 A LOCAL LAW TO EXTEND TEMPORARY MORATORIUM ON RESIDENTIAL MULTIFAMILY CONSTRUCTION IN THE BAY ROAD OFFICE DISTRICT FOR ADDITIONAL TWO (2) MONTHS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: SECTION 1. Title and Authority. The Town of Queensbury hereby extends its temporary moratorium on residential multifamily construction within the Bay Road Office District for an additional two (2) months. This Local Law is adopted in accordance with Municipal Home Rule Law §10 and shall be as follows: A. Purpose. This moratorium was adopted and is to be extended for at least two (2) reasons. First, a recent engineering study has confirmed that the sewer capacity along Bay Road is limited and that, after current proposed approved build-outs occur, further development would likely require costly additional sewer infrastructure investments. Complementing this consideration is the fact that residential uses typically have more demand on sewer capacity than commercial uses. Second, there is concern over the diminishing of the desired commercial development that the town has historically fostered, especially along the Bay Road corridor, and that multifamily uses overly consume properties that would otherwise be used commercially; and there exist studies that demonstrate that commercial uses bring jobs, help reduce taxes and require less in governmental services than residential uses. Therefore, the Town Board has significant concerns regarding the potential impacts of growth and development, particularly as they pertain to sewer capacity, in the Bay Road Office District and believes that this moratorium is necessary in order to allow the Town Board time to study these issues and consider amendment of our Local Laws regulating residential multifamily development in this area. B. Moratorium. The Town of Queensbury hereby extends its imposition of a moratorium on site plan review and subdivision applications regarding residential multifamily properties located in the Town of Queensbury's Bay Road Office District through October 9th, 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. This moratorium shall apply to any site plan review and/or subdivision applications which have not been approved by the Town of Queensbury Planning Board prior to the effective date of this Local Law. C. Extensions. This moratorium may be extended for such additional periods as the Town Board may determine to be necessary to protect the public health, safety and welfare to the citizens of the Town of Queensbury. D. Termination. This moratorium shall be terminated earlier than October 9th, 2015 upon enactment of any local legislation which adopts an updated Town of Queensbury Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. SECTION 2. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York 2 Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by law. 3