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303. 2018 Res. LL 1, 2018 Change Code & Map Sand Gravel & Topsoil Extraction Heavy Industrial Zones RESOLUTION ENACTING LOCAL LAW NO.: 1 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. 303,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden 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.:1, 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 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.: 1, of 2018 and heard all interested persons, and 2 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.: 1, 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 Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES None ABSENT: None 3