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LOCAL.LAWS R 0RDINANCES\ENACTn1ENP,CHAPTER 179-179-10-070 Commis Sand Gravel Topsoil Eat to RR and HI Zones—Clarification—8-20-18
RESOLUTION ENACTING 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, 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 Department which by
Project Review and Referral Form dated July 18, 2018 found that the Project would not create any
significant intermunicipal or countywide impacts, 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, by letter dated July 23, 2018, the Adirondack Park Agency advised that it
reviewed the proposed revised Zoning Law amendments and found that since the proposed
amendments will correct an omission and clarify the review standards as originally intended by the
Town and not otherwise alter the authority of the APA-approved local land use program, the
APA considers such revision to be a technical amendment and therefore formal APA approval is
not required, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public
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Hearing prior to the adoption of any Local Law and the Town Board duly held a Public Hearing on
Monday, August 20ffi, 2018 concerning proposed Local Law No.: of 2018 and heard all interested
persons, and
WHEREAS, the proposed Local Law is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.:
of 2018 to Amend Chapter 179 "Zoning" of Queensbury Town Code and Revise Zoning Map as
described in the preambles of this Resolution, 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 the Town Board further authorizes and directs the Town Supervisor, Town
Clerk and/or Director of Planning, Zoning and Code Compliance to take any and all actions necessary
to effectuate all terms of this Resolution.
Duly adopted this 20ffi day of August, 2018,by the following vote:
AYES
NOES
ABSENT:
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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 QUEENSBURYAS
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.
eemmer-eial. N to t + 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. [Atnended 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.
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(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"lust 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 Envirommental 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 dra3 %thy-ough is old language to be deleted.
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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 roan-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 a,.,,.•,., thfough is old language to be deleted.
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 dr-a n*,.-,.ugh is old language to be deleted.
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