LL 07 Amend LL 06 1988 Procedure Ord. 58 ..
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended.Do not include mattci being
eliminated and do not use italics or underlining to indicate new matter.
Qbi(ntyx X
M we Xof .. . .. .Q UEENSB UR.Y. .. . ... .. .. .. ....... ... ... ....... . . . .
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Local Law No. . . . .. . . . . .. . . . . . . . . . . . . of the year 19 . 849 . . . . . .
A local law AMENDING A LGClk�A.W ESTABLISHING PROCEDURES AND SUBSTANTIVE
. .. • • trnsert itl
LAW FOR THE REViE ' OF SiTE PLAN, SU"&VISION, PLANNED UNIT DEVELOPMENT
It
AND BOF U E ZONRNGI ORDINANCE NO.S58BOF THE MITTETOWNPRIOR TO THE EFFECTIVE
DATEOF QUEENSBUR Y
Be it enacted by the . . . ..Town Board.. . . . . . .. . . . . . . . . . . . .. .... .. . .. . . ... .. . .. . . . . .. .. . . . . . . of the
(Name or Legislative Body)
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own of .. . . . . . .Q UEENSB UR.Y.. . . . . . .. .. . . .. . . . ... . . . ... .... . . .... . ..... . . . . .. . . . . as follows:
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BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY
AS FOLLOWS:
I. Title: This local law shall be known as: "A LOCAL LAW AMENDING
A LOCAL LAW ESTABLISHING PROCEDURES AND SUBSTANTIVE LAW FOR
THE REVIEW OF SITE PLAN, SUBDIVISION, PLANNED UNIT DEVELOPMENT,
AND BUILDING PERMIT APPLICATIONS, SUBMITTED PRIOR TO THE
EFFECTIVE DATE OF THE ZONING ORDINANCE NO. 58 OF THE TOWN OF
Q UEENSB UR Y."
2. Purpose: The purpose of this local law is to amend and clarify local
law no. 6, 1988.
3. Application: This local law shall apply to all subdivision applications
that were submitted prior to the effective date of the new, amended, and revised
zoning ordinance and subdivision regulations for the Town of Queensbury, the
effective date being October 1, 1988, and therefore the applications affected
are those filed on or before September 30, 1988.
4. Definitions and Word Usage: The definition of any word or term used
in this local law shall be the definition set forth in the zoning ordinance for the
Town of Queensbury, in effect on September 30, 1988. In the event that such
term or word is not defined therein, then such term or word shall have its ordinary
or common meaning.
5. General Provisions: Local Law No. 6, 1988 shall be amended in Sections '
2 and 5 thereof to read as follows:
2. Purpose: It is the purpose of this law to establish procedures and
substantive guidelines for the review of applications for site plan, planned unit
development, subdivision except and not to include those subdivision applications
stayed by the moratorium, and building permit approvals that were submitted
prior to the time that the new, amended, and revised zoning ordinance and
subdivision regulations were effective for the Town of Queensbury, such effective
date being October 1, 1988. A number of applications submitted for approval
have been submitted after the applicants have spent considerable time and money
for the development of proposed projects, the development of the projects and
information a part of the applications, have been based upon zoning ordinances
and subdivision regulations of the Town of Queensbury as they existed prior to
being revised and amended. It would appear unfair to now force the applicants
to re-draft applications and expend further funds to now comply with new and
amended zoning ordinance and subdivision regulations. Also, as some of the
(if additional space Is needed,please attach sheets of the same size as this and number each)
(1)
1 ll
matters are already under review by the various departments and agencies of
the Town of Queensbury, it would cause undue confusion in the handling of the
applications if the ordinances and regulations were to now change. Also, it was
not the intent of the Town Board of the Town of Queensbury, when approving
and passing the new, amended, and revised zoning ordinances and subdivision
regulations, to create such a condition. This local law will establish that the
zoning ordinances and subdivision regulations in effect at the time that the
applications were filed or submitted, shall govern the procedure and substantive
law apt)lic,;blc to such applications.
5. General Provisions (A): All applications for site plan, subdivision except
and net to include those subdivision applications stayed by the moratorium, planned
unit development, and building permit applications, submitted or filed at the
Town of Queensbury or any agency or department thereof, on or before September
30, 1988, shall be reviewed and approved, approved with conditions, or disapproved
or decided in accordance with and pursuant to the terms of the provisions of
the procedural and substantive requirements of the zoning ordinance and
subdivision regulations in effect for the Town of Queensbury on September 30,
1988. Approvals, approvals with conditions, disapprovals, or other decisions made
by the Town Board, Planning Board, Zoning Board of Appeals, and/or Building
Department shall be valid, enforceable and binding as if the some were made
on or before September 30, 1988, and except that there is any applicant appealing
a decision of any Board, the time in which such appeal must be commenced shall
be governed by the actual decision date and filing dates.
General Provisions (B): The local law is being amended only to the extent
that it is clarified that subdivision applications stayed by the moratorium and
submitted prior to the time that the new, amended, and revised zoning ordinance
and subdivision regulations were effective for the Town of Queensbury are not
included in those subdivision applications being allowed for consideration under
the previous zoning ordinance.
6. Severability: if any part of provision of this local law, or the application
thereof to any person or circumstance be adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation to the
part or provision or application directly involved in the controversy in which
said judgment shall have been rendered, and shall not affect or impair the validity
of the remainder of this local law, or the application thereof, to other persons
or circumstances.
7. Effective Date: This local low shall take effect immediately.
The Local Law is Adopted.
(2)
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein 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. ..?..... of 19.88 .
I�OtUGIV
of the at, of .Queensbury. .. . was duly passed by the ...Town Board._,, ,, , , , ,,, , , , , ,
Town (Name of Legislative Body)
v'f'il�,�
on ... November /0, 19..88...m accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ......... of 19.......:
County
of the City of . . . ... . . . ...... . was duly passed by the ........ . ..... . . . . .. .. . . . . .. .. . . . . . . . . .
Town (Name of Legislative Body)
Village
not disapproved
on ............................. 19........ and was approved by the ... . .. . . .... . . . . .... . . . . . . . .
repassed after disapproval Elective Chief Executive Officer*
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
Provisions of law.
3. (Final adoption by referendum.)
hereby certify that the local law annexed hereto,designated as local law No. .... . . .. of 19 ........
County
City
of the Town of .. ... . .. . . .. . ... was duly passed by the .. .... ..... .. . . . .. . . .. .. . . .. . . .
(Name of Legislative Body)
Village
not disapproved
on ............................. 19 ........ and was approved by the . .. .... . . .. .. . . . . . . . . . . . . . . .
repassed after disapproval Elective Chief Executive Officer*
on .................................. 19 .......... 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
general
thereon at the special election held on .............................19 ......... in accordance with the applicable
annual
provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........
County .
City was duly passed by the .
of the Town °f .... .. .......... ...........(Name of Legislative Body) . ..•. .. .. . .
Village
not disapproved
on ............................. 19........ and was approved by the .................. . . .... . . . .
repassed after disapproval EtectiveChief Executive officer*
on .......... 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on.............................19.........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 countywide basis or,if
there be none,the chairman of the county legislative body,the mayor of a city or village or the sopervisor of a town where such
officer is vested with power to approve or veto local laws or ordinaaces.
(3)
S. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19 ........
of the City of ......... having been submitted to referendum pursuant to the
provisions of 137 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 general election held on ... ..... ... .
............ 19......... 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 19.........
of the County of . . . . . ... .... ........ ..State of New York,having been submitted to the Electors at the
General Election of November ........ .. ... 19.......pursuant to subdivisions S 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 Iinif and of 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 appropriate certifica-
tion.)
I further certify that i have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and ?f the whole of such original local law, and was
finally adopted in the manner indicated in paragraph .............above.
Clerk of the County legislative body,City ow r village Clerk or
officer designated by local legislative bWy
Date: November 14, 1988
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF......warren...............„
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enact o t e o w annexed hereto.
... .
Signature
...........Town Attorney..................................... . ... ... . . .. .. .
Tide
t$d(imp
Date: November 14, 1988 G*X of .:....Queensbury .
Town ...... ... . .... .
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(4)
NYS Department of State
Bureau of State Records
162 Washington Avenue
Albany,NY 12231-0001
Town of Queensbury
Town Office Bldg.
Bay at Haviland Rds.
Queensbury, NY 12801
Date_ __—1A/89
Local Law(s)No. 8
Year 1988
Municipality Town of Queensbury
Please be advised that the above-referenced material was received and filed by
this office on__—__—_1212/88
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383802-004(4/87)
NYS Department of State
Bureau of State Records
162 Washington Avenue
Albany, NY 12231-0001
Ms. Darleen Dougher, Town Clerk
Town Office Building
Bay at Haviland Roads
Queensbury, NY 12804
l;=ii
Date 12/13/88
Local Law(s)No. 7
Year 1988
Municipality_ Town of Queensbur
Please be advised that the above-referenced material was received and filed by
this office on___
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383802-004(4187)
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