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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
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Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by
law.
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