2.04 2.4
RESOLUTIONS\LOCALLAWS\SET PUBLIC HEARINGS\Chapter 179—179-10-070 Commercial Sand Gravel and Topsoil
Extraction to RR and HI Zones—7-16-18
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
NO. _OF 2018 TO AMEND QUEENSBURY TOWN CODE AND TOWN
ZONING MAP TO ADD COMMERCIAL SAND, GRAVEL AND TOPSOIL
EXTRACTION TO RURAL RESIDENTIAL AND
HEAVY INDUSTRIAL ZONES
RESOLUTION NO.: ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 254,2014, the Queensbury Town Board enacted Local Law
No.: 2 of 2014 amending Chapter 179, entitled "Zoning," which, among other things, amended
language and requirements in various locations and made revisions to the Town Zoning Map, including
adding commercial sand, gravel and topsoil extraction as an allowed use in the Rural Residential (RR)
and Heavy Industrial (HI) Zones to the Use Table with a footnote limiting such use in the RR zone to
parcel sites of twenty-five (25) acres or greater, but the language was not added to the text itself in
Chapter 179-10, and
WHEREAS, by Resolution No.: 241,2014, the Town Board determined that such proposed
changes to the Town Code and the Town Zoning Map would not result in any large or important
detrimental impacts and would not have a significant adverse impact on the environment, and
therefore declared a Negative Declaration under the New York State Environmental Quality
Review Act (SEQRA) and authorized the filing of a SEQRA Negative Declaration - Notice of
Determination of Non-Significance for the action, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2018 to
amend its Zoning Law and Map to clarify that commercial sand, gravel and topsoil extraction is an
allowed use in the RR and HI Zones, with such use in the RR Zone to be limited to parcel sites of
twenty-five (25) acres or greater, and
WHEREAS, before the Town Board may amend its Zoning Law and 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, 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 Zoning Law amendments prior to adoption, and
WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of
Agency regulations, and
WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local
Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board formally authorizes and directs the Town
Clerk or Town Director of Planning, Zoning and Code Compliance to forward copies of the proposed
Zoning Law Amendments and proposed revised Zoning Map to the Adirondack Park Agency for its
review and approval in accordance with Article 27 of the Executive Law, §807, and
BE IT FURTHER,
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RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Director
of Planning, Zoning and Code Enforcement to forward copies of the proposed Zoning Law
Amendments and proposed revised Zoning Map to the Warren County Planning Department for its
review and recommendation, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 6t'', 2018
to hear all interested persons concerning proposed Local Law No.: of 2018 which provides for
certain amendments of the Town of Queensbury's Zoning Law and Zoning Map, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public
Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public
Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send the
Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public
officials, agencies, municipalities or individuals, in accordance with New York State Town Law §265
and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or
Town Director of Planning, Zoning and Code Compliance to take such other actions and give such
3
other notices as may be necessary in preparation for the Public Hearing and for the Town Board to
lawfully adopt proposed Local Law No.: of 2018.
Duly adopted this 16ffi day of July, 2018,by the following vote:
AYES
NOES
ABSENT:
4
LOCAL LAWS\Chapter 179—Sand Gravel Topsoil Extraction to RR and HI Zones—August 2018
LOCAL LAW NO.: OF 2018
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE AND REVISE ZONING MAP
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
Section 1. Intent; Authority — The Queensbury Town Board recognizes the potential
benefit of a current and accurate zoning ordinance. This Local Law is adopted in accordance
with the New York State Municipal Home Rule Law.
Section 2. The Queensbury Town Board wishes to adopt this Local Law to clarify that
commercial sand, gravel and topsoil extraction are allowed uses in the Rural Residential (RR)
and Heavy Industrial (HI) Zones, with such uses in the RR Zone to be limited to parcel sites of
twenty-five (25) acres or greater.
Section 3. Amendment of Zoning Law — Queensbury Town Code Chapter 179 entitled
"Zoning" and known as the "Town of Queensbury Zoning Law," Paragraph G of §179-10-070,
entitled "Specific Standards" is hereby amended as follows:
G. Commercial mineral extraction and commercial sand, gravel and topsoil extraction.
commercial. Note that Mining and excavation activity may be regulated by the New York State
Department of Environmental Conservation or other agencies. Mineral extraction in the resource
management, rural use, low-intensity use, and moderate-intensity use areas on the Adirondack
Park Land Use and Development Plan are Class A regional projects subject to the jurisdiction of
the Adirondack Park Agency. [Amended 12-15-2014 by L.L.No. 7-2014]
Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
1
(1) Commercial mineral extraction (defined as above by the Department of
Environmental Conservation threshold) shall be allowed only within the Heavy
Industrial (HI) District. Commercial sand, gravel and topsoil extraction shall only
be allowed within the Heavy Industrial (HI) and Rural Residential (RR) Districts.
Commercial mineral extraction and commercial sand,gravel and topsoil extraction
shall be subject to by special use permit as specified in Tables 2 and 4 of this
Chapter and may only occur in a substantially undeveloped area and must maintain
a buffer of at least 1,000 feet (horizontal distance) from any existing residence. In
addition,for commercial sand, gravel and topsoil extraction, twenty-five (25) acres
of land shall be the minimum allowable property size within a Rural Residential
District.
(2) Any excavation associated with commercial mineral extraction and/or commercial
sand, gravel and topsoil extraction shall not adversely affect the natural drainage of
adjoining properties not in the same ownership, or the structural safety of buildings on
such adjoining properties; the top of any slope of the excavation shall not be closer
than 100 feet to the boundary line of any adjoining property not in the same
ownership, nor closer than 200 feet to any public highway or water body or
watercourse.
(3) Within the above setbacks, natural vegetation shall be left undisturbed, except for
planting pursuant to the requirements hereof. The Planning Board may, in its
discretion, require additional measures to provide suitable screening of the
excavation, such as planting or fencing.
(4) An applicant for a special use permit for commercial mineral extraction and/or
commercial sand, gravel and topsoil extraction shall submit to the Planning Board
copies of all applications and other materials submitted to the New York State
Department of Environmental Conservation in connection with its commercial
resource extraction application.
(5) In issuing a special use permit for commercial mineral extraction and/or commercial
Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
2
sand, gravel and topsoil extraction the Planning Board shall impose conditions
designed to protect the public health, safety, and welfare. Such conditions shall be
limited to the following, unless the laws of New York State allow the imposition of
additional conditions:
(a) Ingress from and egress to public thoroughfares controlled by the Town;
(b) Routing of mineral transport vehicles on roads controlled by the Town;
(c) Requirements and conditions specified in the permit issued by the Department
of Environmental Conservation concerning setback from property boundaries
and public thoroughfare rights-of-way, natural or man-made barriers to restrict
access, dust control, and hours of operation;
(d) Hours of operation; and
(e) Enforcement of reclamation requirements contained in any Department of
Environmental Conservation permit.
(6) In issuing a special use permit for commercial mineral extraction and/or commercial
sand, gravel and topsoil extraction uses not subject to regulation by the Department
of Environmental Conservation, the Planning Board may impose such additional
conditions as it deems necessary.
(7) The Planning Board shall deny a special use permit for commercial mineral extraction
and/or commercial sand, gravel and topsoil extraction for any project which does
not satisfy the requirements of this section and/or Article 10 of this chapter regarding
the general criteria and procedures for special use permits.
Section 4. 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 5. 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
Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
3
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 6. 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 line drawn through is old language to be deleted.
4
NOTICES\Chapter 179-10-070 Commercial Sand Gravel Topsoil Extraction to RR HI Zones—8-6-18
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE QUEENSBURY TOWN BOARD WILL
HOLD A PUBLIC HEARING ON MONDAY, AUGUST 6TH, 2018, BEGINNING AT 7:00
P.M. AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY,
NEW YORK, AT WHICH HEARING ALL INTERESTED PARTIES SHALL HAVE AN
OPPORTUNITY TO BE HEARD CONCERNING ADOPTION OF PROPOSED LOCAL LAW
NO.: OF 2018. SUCH PROPOSED LOCAL LAW WOULD AMEND THE CURRENT
QUEENSBURY TOWN CODE, ZONING LAW AND MAP TO CLARIFY THAT
COMMERCIAL SAND, GRAVEL AND TOPSOIL EXCAVATION IS AN ALLOWED USE
IN THE RURAL RESIDENTIAL AND HEAVY INDUSTRIAL ZONES, WITH SUCH USE IN
THE RURAL RESIDENTIAL ZONE TO BE LIMITED TO PARCEL SITES OF TWENTY-
FIVE (25) ACRES OR GREATER.
A FULL COPY OF THE PROPOSED LOCAL LAW IS AVAILABLE ON THE
TOWN'S WEBSITE AT WWW.QUEENSBURY.NET AND IS ON FILE IN THE TOWN
CLERK'S OFFICE, 742 BAY ROAD, QUEENSBURY, AND MAY BE REVIEWED DURING
NORMAL BUSINESS HOURS. TO OBTAIN FURTHER INFORMATION OR COPIES OF
THE PROPOSED LOCAL LAW, PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S
OFFICE AT(518) 761-8234 DURING NORMAL BUSINESS HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: ,2018
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY
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.: 254,2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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, on May 19th, 2014 by
Resolution No.: 183, 2014 the Town Board 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 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 dated May 30th, 2014 the Adirondack Park Agency consented to the
Town Board serving as Lead Agency, and the Town Board accepted the role of Lead Agency for
the required SEQRA review, and
WHEREAS, by Resolution No.: 241, 2014 adopted by the Town Board on July 7th, 2014,
the Town Board considered the proposed Local Law, reviewed Part 1 of the EAF to analyze
potential environmental impacts, completed Part 2 of the EAF and found that the proposed
changes to the Town Code and the Town Zoning Map would not result in any large or important
detrimental impacts and would not have a significant adverse impact on the environment, and
therefore declared a Negative Declaration under SEQRA and authorized the filing of a SEQRA
Negative Declaration -Notice of Determination of Non-Significance for this action, 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 Public Hearings on
Monday, June 16th and Monday, July 21st, 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
issued a recommendation of"No County Impact''with regard to them, and
2
WHEREAS, on July 10th, 2014, the Adirondack Park Agency approved the proposed
revised Zoning Code and Zoning Map subject to certain minor revisions, which have 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 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 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 and Code Compliance 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 Director of Planning, Zoning and Code Compliance 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
3
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Senior Planner, Director of Planning, Zoning and Code Compliance 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 21st day of July, 2014,by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES : None
ABSENT: None
4
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
•
Local Law Filing Albany,NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
DCounty ['City ®Town DVillage
(Select one:) • •
of Queensbury
Local Law No. 2, of the year 20 14
Alocallaw To Delete Town Code Chapter 105 Land Use Procedures and
(insert Title)
Amend Chapter 179 Zoning and Town Map-
•
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County OCity Brown ❑Village
(Select one:)
of Queensbury as follows:
Section 1. Intent; Authority - The Town Board recognizes the potential benefit of a
current and accurate zoning ordinance. This Local Law is adopted pursuant to New York
Municipal Home Rule Law.
Section 2. Chapter 105 of the Queensbury Town Code, entitled "Land Use Procedures",
was specifically intended to expire,has not been reenacted and is hereby deleted in its entirety.
Section 3. 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. The following definitions included in §179-2-010, entitled "Definitions and word
usage", are amended to read as follows:
AMUSEMENT CENTER
(If additional space is needed,attach pages the same size as this sheet,and number each.)
(1 )
OS-0239-f-I (Rev.06/12) • Page 2 of 4
An indoor or outdoor facility, which may include structures and buildings, where there
are various devices for entertainment, including rides and booths for the conduct of
games and buildings for shows and entertainment. This includes amusement uses, such
as but not limited to, miniature golf, go-karts (riding areas for dirt bikes, ATVs or
snowmobiles),skating facilities,arcades and batting cages.
OUTDOOR RECREATION
Land uses which offer passive or active recreation activities primarily outdoors that are
operated for members or on a commercial basis for the general public
RECREATION,ACTIVE
Nonmotorized leisure activities, usually organized and performed with other persons,
often requiring equipment and taking place at prescribed and nonnatural places, sites, or
fields. Examples include, but are not limited to, baseball, softball, soccer, basketball,
tennis and track and field. Also included are activities which are principally non-
motorized, but in which motorized equipment may facilitate set-up or transportation
within the activity area such as golf or downhill skiing.
RECREATION,PASSIVE
Nonmotorized leisure activities, which are not active recreation and usually can take
place in areas with minimal disturbance to the natural landscape. Examples include, but
are not limited to, hiking, walking, boating,jogging, cross country skiing, biking, plant
study, picnicking, kite flying, Frisbee throwing, bird watching, nature photography,
swimming, nature classes, model boating, wheelchair racing, fishing, dog walking,
feeding of water fowl and sun bathing.
B. The following definitions included in §179-2-010, entitled "Definitions and word
usage",are deleted in their entirety:
Re atie l f cilitie „to he r.,1 public f r ate .�
1\V Vl7r
RECREATIONAL FACILITIES,PRIVATE
and guests,and excluding any use which is open to the public for a charge.
C. Section 179-3-040, entitled "Establishment of zoning districts", is amended as
follows:
(1) Subparagraph A(1)(b)[6], relating to Land Conservation zoning districts, is
amended to read as follows:
[6]Lot width:400 feet.
(2) Subparagraph B(2)(a)[1] relating to Office zoning districts,is amended to read as
follows:
[1] No residential uses shall be allowed within 300 feet of Bay Road.
(2)
D. The parking requirements for adult use establishments and food service as shown
in Table 5 of§ 179-4-090, entitled "Parking and loading requirements", are amended to read as
follows:
Table 5:Parking Requirements
Use Minimum Number of Spaces
Adult use 1 per 4 seats,plus 1 per 2 employees, or if a
establishment nightclub is present,the requirement shall be the
greater of the two uses
Food service 1 per 4 seats,plus 1 per 2 employees,or if a nightclub is
present,the requirement shall be the greater of the two uses
E. Section 179-5-060, entitled "Docks, boathouses and moorings", is amended as
follows:
(1) Subparagraph A(6)is amended to read as follows:
(6) The maximum surface area of any flat superstructure built upon and/or above
any dock shall be 700 square feet. The measurement for this area is to include all
areas bounded by the sundeck railing. For a peaked roof,the maximum surface area
is limited to 1,000 square feet and is measured from eave-to-eave.
(2) The following new subparagraph A(16)is added:
(16) In all Waterfront Residential zones, boathouses may be constructed, subject
to Site Plan Review, on all water bodies that may be regulated by the Town of
Queensbury.
F. Section 179-8-030, entitled "Tree list" and relating to general landscaping and
buffering standards,is amended to read as follows:
Plant species shall generally be selected from the following list of species.
Substitutions may be made at the discretion of the Planning Board.
A. Suggested Deciduous Shade Trees
Red Maple (Acer rubrum)
Hackberry (Celtis occidentalis)
Ginkgo/Maidenhair (Ginkgo biloba)
American Plane (Platanus occidentalis)
Red Oak (Quercus rubra)
White Oak (Quercus alba)
Pin Oak (Quercus palustris)
(3)
•
Little Leaf Linden (Tilia cordata)
B. Suggested Evergreen Shade Trees
Spruce varieties (Picea(varieties))
Cedar/Juniper varieties (Juniperus(varieties))
Pine varieties (Pinus(varieties))
Yew varieties (Taxus (varieties))
Arborvitae varieties (Thuja(varieties))
Hemlock varieties (Tsuja(varieties)
G. Paragraph C. of §179-8-040, entitled "Acceptable tree and plant species" and
relating to shoreline buffers,is amended as follows:
(1) The bracketed numbers before the names of specific plants are deleted throughout
paragraph C.
(2) Two items on the Iist in Subparagraph C(1)(a), entitled "Larger trees (canopy)",
are amended to read as follows:
Northern White Cedar/Arborvitae(Thuja occidentalis).
Eastern or American Larch(Larix laricina).
(3) The following item on the list in Subparagraph C(1)(a), entitled "Larger trees
(canopy)",is deleted:
Black Ash(Fraxinus nigra).
(4) Three items on the list in Subparagraph C(1)(b), entitled""Smaller trees and large
shrubs (understory)",are amended to read as follows:
Mountain Holly(Ilex mueronata).
Red Twig Osier Dogwood(Cornus sericea).
Winterberry Holly(Ilex verticillata).
(5) The following item on the list in Subparagraph C(3)(a), entitled "Larger trees
(canopy)",is deleted:
(6) Two items on the list in Subparagraph C(3)(b), entitled "Smaller trees and large
shrubs (understory)",are amended to read as follows:
Eastern HopHornbeam(Ostrya virginiana).
Shadbush/Serviceberry,Juneberry(Amelanchier canadensis).
(4)
(7) Subparagraph D, entitled "Invasive plant that are not acceptable", is amended as
follows:
(a) The following is added following the title of the subparagraph:
As noted on the NYS DEC Invasive Plant Species List to include, but not
be limited to the following:
(b) Two items are amended to read as follows:
Japanese Knotweed (Fallopia japonica).
Black Swallow-wort(Cyanchum louiseae).
(c) The following four items are added:
Yellow Iris(Iris pseudacorus)
•
Winter Creeper(Euonymous fortunei)
Burning Bush(Euonymous alatus)
Black Locust(Robinia pseudoacacia)
H. The list included in subparagraph (2) of paragraph B. of §179-8-050, entitled
"Multifamily and nonresidential landscaping requirements", is amended by deleting the
following:
Euenymetts
I. The table included at the end of §179-8-060, entitled "Buffer Requirements
Between Adjacent Uses",is amended to read as follows:
Buffer Requirements Between Adjacent Uses
Single-Family Multifamily Commercial! Commerci
Land Uses Residential Residential Office Retail Recreation Industrial
Single-family None B A B C C C
residential
Multifamily B None A A B C
residential
Office A A None A B C
Commercial/ C A A None B C
Retail
Recreation C B B B None C
Industrial C C C C C None
NOTE: Any use not specified above is considered a commercial use,unless otherwise determined by
the Planning Board.
J. The first sentence of paragraph E of Section 179-9-070, entitled "Public hearing
requirement"and relating to Site Plan Review procedures,is amended to read as follows:
The Planning Board shall hold a public hearing on a new application and provide
notice consistent with section 179-16-120.
(5)
•
K. Paragraph Z of§179-10-070, entitled "Veterinary clinics"and relating to specific
standards for issuance of Special Use Permits,is amended to read as follows:
Z. Veterinary clinics. Veterinary clinics shall be located on parcels of at least 20
acres. All dog runs or other areas in which dogs are kept must be located at least
300 feet from any property line.
L. Paragraph B of §179-16-120, entitled "Notice of public hearing" and relating
generally to notices of public hearing under the Zoning Law,is deleted in its entirety.
B. In the case of a subdivision, the applicant shall notify all owners identified
case of site plan review, variances and other appeals to the Zoning Board of
M. Table 2,which is included at the end of Chapter 179,is amended by adding Sand,
Gravel and Topsoil Extraction, Commercial as an allowed use in the Rural Residential Zones
with a Special Use Permit required and adding a footnote limiting such allowed use to parcel
sites of 25 acres or greater.
N. Table 3, which is included at the end of Chapter 179, is amended by adding the
following footnote to the SPR requirement for Apartment House/Condos, Apartment
House/Condos above first floor, Multi-family house/condos and Single Family Dwelling uses in
Office(0)zoning districts:
(2) No residential uses shall be allowed within 300 feet of Bay Road. See
§179-3-040,B. (2).
O. Certain zoning district designations shown on the Town Zoning Map of the Town
of Queensbury are amended as follows and the official Town Zoning Map is modified
accordingly:
(1) The parcel identified as Tax Map No.278-1-18 is changed from Rural Residential
(RR)to Land Conservation—10 Acres(LC10A).
(2) The three parcels identified as Tax Map Nos.266.3-1-79,266.3-1-80 and 266.3-1-
81 are changed from Moderate Density Residential (MDR)to Neighborhood Commercial
(NC).
(3) The three parcels identified as Tax Map Nos. 296.13-1-16, 296.13-1-1 and
296.13-1-83 are changed from Moderate Density Residential (MDR) to Commercial
Moderate(CM).
Section 4. 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 5. 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
(6)
•
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 6. 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.
(7)
Town of Queensbury
Table 2
Summary of Allowed Uses in Residential Districts 7/2/2014
Residential Use Table Land Moderate Density Neighborhood Parkland Rural Waterfront
Conservation Residential Residential Recreation Residential Residential
LC-10 LC-42 MDR NR PR-42 RR-3 RR-5 WR
A•ricultural Service/Retail SPR SPR .
A•ricultural Use SPR SPR SPR
Bed & Breakfast SPR SPR SPR SPR SPR
_
Boat Storage Facility SUP SUP
Boathouse SPR
Campground SUP
Cemetery SPR SPR SPR SPR
Class A Marina SUP
Commercial Boat Sales/Service/Storage SUP
Condominimum Development or Unit PU SPR
Day Care Center cc
Duplex PU (3) Pe PU (3)
Food Service SUP
Golf Course and/or Country Club SUP
Golf Driving Range SUP
Group Camp SPR SPR
Home Occupation PU AU AU AU AU
Kennel SUP ` SUP
Library SPR SPR SPR
Mobile Home (1) PU (1) PU (1)
Motel SUP
Multi-Family Dwelling SPR SPR
Nursery SPR SUP SUP
Outdoor'Recreation SPR SPR SPR _ SPR
Personal Service SUP
Place of worship SPR SPR SPR SPR SPR SPR
Playground SPR SPR SPR SPR
Private School SPR SPR SPR
• Produce Stand < 100 sq. ft. PU PU PU PU PU PU
Produce Stand > 100 sq. ft. SPR SPR SPR SPR SPR SPR
Residential Use Table Land Moderate Density Neighborhood Parkland Rural Waterfront
Conservation Residential Residential Recreation Residential Residential
LC-10 LC-42 MDR NR PR-42 RR-3 RR-5 WR
Public or Semi-Public Building SPR SPR SPR SPR SPR SPR
Riding Academy SPR SPR SPR
Sand, Gravel &Topsoil Extraction, Commercial SUP4
Sawmill, Chipping or Pallet Mill SUP SUP
Single Family Dwelling PU/SPR (2) PU PU PU PU PU
Sportmen's Club/Firing Range SUP
Townhouse SPR •
Veterinary Clinic SPR SUP SUP
Key
AU: Accessory Use or Structure
PU: Permitted Use
SPR: Site Plan Review Use
SUP: Special Use Permit Required
Blank: Not Permitted
(1) Allowed within Mobile Home Overlay District, Additional regulations apply
(2) Site Plan Review required for properties within the Adirondack Park
(3) More than 1 duples per parcel requires Site Plan Review
(4) Limited to parcel sites of 25 acres.or greater
Town of Queensbury
Table 3 _
Summary of Allowed Uses on Commercial Districts 5/1/2014
Commercial Use Table • Commercial Commercial Enclosed Main Neighborhood Recreation
Moderate Intensive Shopping Center Street Commercial Office Commercial
CM Cl ESC MS NC 0 RC
Amusement Center SUP
Apartment House/Condos SPR(2) SPR
Apartment House/Condos above first floor PU SPR(2) SPR
Auto Body/Repair Shop SPR
Automobile service SPR SPR SPR _
Automotive Sales and Service SPR SPR _
Bank SPR SPR SPR SPR SPR •
Business Service _ SPR SPR SPR SPR SPR SPR SPR
Campground
Car Wash SPR O
Cemetery SPR
Commercial Boat Sales/Service/Storage SPR
Convenience Store SPR SPR SPR SPR SPR SPR
Convention Center SPR SPR SPR SPR
Day Care Center SPR SPR _ SPR SPR SPR SPR
Drive In Theater SPR •
Enclosed Shopping Center SUP
Fast Food Establishment SPR
Food Service SPR SPR SPR SPR SUP AU AU
Funeral Home SPR SPR
„ Gallery SPR SPR SPR SPR SPR SPR
Golf Course SPR
Golf Driving Range SUP SUP
Health Related Facility SPR SPR SPR SPR SPR
- Kennel SUP
Library SPR SPR
Limousine Service SPR
Live Theater SPR SPR _
Neighborhood RecreationOomme�� Uae�b� Commercial Commercial Main
Moderate Intensive Shopping Center Street Commercial Office Commercial .
0N ��i NC � O RC
'
- -
Yineral Extraction SUP
Mobile Home Sales 8P8
Motel SPR SPR SPR
Movie Theater SPR SPR
Multi-family house/condos SPRp/ SPR
Municipal Center SPR SPR
Museum ' SPR SPR SPR
Nightclub ' SUP SPR SUP
Nursery { SPR SPR '
Off lee,Lar "J» ^ SPR SPR SPR SUP SPR(') ' GppV>
Office, Small SPR SPR SPR SPR SPR . SPR SPR
Outdoor Concert Events
PsdntbaUFaci||by _
Parking Lot SPR SPR | —.
Parking Structure SUP SUP SPR SPR `—
Personal Service ' SPR SPR -----SPR---- SPR SPR . /\U AU ~~
Place ofWorship SPR SPR SPR SPR
Playground SPR ' SPR _
Produce Stand SPR SPR . _ SPR
Public or Semi-Public Building SPR SPR _ GPF\ SPR SPR SPR SPR
Recreation Center SPR
ReteU SPR ' SPR SPR SPR SPR &U AU
School SPR SPR ' SPR SPR SPR SPR
_
Se0 Storage Facility SUP '
8hopp|ngk4a|yP|aza SPR SPR SPR _'Single �aFamily `D\me|||nR 8pRpy SPR
_
~ 9N Center
TVor Radio Station ' SPR SPR
VetodnaryC%hnkz SPR . SPR SUP SUP |
- Key, AU: Accessory Use; PU: Permitted Use, SPR: Site Plan Review Use; SUP: Special Use Permit Required; Blank: Not permitted
'
. (1) Large Offices are prohibited in the Gurney Lane Office district.
(2) NoResidential Uses allowed within 3OOfeet of Bay Road.See @17Q-3'U40' B.(2).
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2, of 20 14 of
the FEW t)(Town)QO¢mg)of Queensbury was duly passed by the
Town 'RCM rr7 on 7/22/ 20, 14 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(Counfy)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 201 I I,in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
2b , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
•
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
OS-0239-f-1 (Rev.06/12) (1 2) Page 3 of 4
' 6. (City local law concerning Charter revision proposed by petition.)
I hereby certifythat the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section(36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an ap• •priate certification.)
I further certify that I have compared the preceding local law with the original on file in this •'ice=nd that the same is a
correct transcript therefrom and of the whole of such original local w, d was. a -de•fed n the manner indicated in
paragraph , 1 above. 11
Clerk of the county legislative body,Cit , .wn or Village Clerk or
officer designated by local legislative body
(Seal) Date: -J ,;4
•
•
IOS-0239-f-1 (Rev.06/12) Page 4 of 4
(13)
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE
REGARDING LOCAL LAW NO.: OF 2014 TO DELETE QUEENSBURY
TOWN CODE CHAPTER 105 "LAND USE PROCEDURES" AND AMEND
CHAPTER 179 "ZONING" AND TOWN ZONING MAP
RESOLUTION NO.: 241,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 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, in accordance with the State's SEQRA regulations, the Town Board, on May
19th, 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 May 30, 2014 the Adirondack Park Agency consented to
the Town Board serving as Lead Agency, and the Town Board accepted 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, the Town Board has determined that the action will not result in any large or
important detrimental impacts and, therefore, is one which will not have a significant adverse
impact on the environment,
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 Director
of Planning, Zoning and Code Compliance to file any necessary documents relating to this
Negative Declaration in accordance with applicable laws and regulations.
Duly adopted this 7th day of July, 2014,by the following vote:
AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _ OF 2014 TO AMEND QUEENSBURY TOWN CODE
AND THE TOWN ZONING MAP
RESOLUTION NO.: 183,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2014 to
delete Queensbury Town Code Chapter 105 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 the provisions of Town Law §265, 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 Zoning Law amendments 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 Town Board wishes to set a Public Hearing concerning adoption of this
Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board formally authorizes and directs the Town
Clerk or Director of Planning/Zoning to forward copies of the proposed Zoning Law Amendments,
proposed revised Zoning Map and supporting SEQRA documentation to the Adirondack Park
Agency for its review and approval pursuant to Article 27 of the Executive Law, §807, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or
Director of Planning/Zoning to forward copies of the proposed Zoning Law Amendments,proposed
revised Zoning Map and supporting SEQRA documentation to the Warren County Planning
Department for its review and recommendation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead
Agency for SEQRA review of the proposed Zoning Law amendments and directs the Town Clerk
or Director of Planning/Zoning to send a certified copy of this Resolution to the Adirondack Park
Agency, as the only other Involved Agency, together with a letter seeking its consent to the Town
Board acting as Lead Agency, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, June 16th, 2014
to hear all interested persons concerning proposed Local Law No.: of 2014 which provides for
certain amendments of the Town of Queensbury's Zoning Law and Zoning Map, and
2
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of
Public Hearing on the Town's website and public bulletin board at least 10 days before the date of
the Public Hearing, and
BE IT FURTHER
RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of
Public Hearing,together with copies of the proposed Local Law if necessary,to any public officials,
agencies, municipalities or individuals, in accordance with New York State Town Law Section 265
and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed
to take such other actions and give such other notice as may be necessary in preparation for the
Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: of 2014.
Duly adopted this 19th day of May, 2014,by the following vote:
AYES : Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES : None
ABSENT: None
3