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LL 08 Amend LL 06 1986 Rec. Land Fees ze is Fom for Filing your 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. Townof ..Queensbury............................ ................. waii'ec Local Law No. ......8 ................. of the year 19 A8_ ...... A local law, ,, Amendinq Local Law.No.,6,, /986 And Proyigipq F.4r the Ressr.vation.of.)Recraation.. . . (Insert title) Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval Be it enacted by the ...., Town,Board ........ ........ . . .............. ........ . .... ... ... . . . of the (Name of Legislative Body) 9y ,queensbury .. .. .... .. . .. .. . .. ......... . ... .. .. . as follows: Townof ..... . . ................... . BE IT ENACTED AS FOLLOWS: SECTION 1. Legislative Intent. It is the purpose of this Local Law to amend Local Law No. 6, 1986 to amend the provision concerning the amount to be required as a recreation fee in lieu of land. The purpose of this legislation is to* require developers of multiple family dwelling units to reserve recreation areas or money in lieu thereof as a condition precedent to site plan approval in order to provide the people of of the Town of Queensbury with certain planned neighborhood recreational areas, and to preserve open space for that time when the Town may be largely developed. the term multiple family dwelling shall have the definition set forth in Section 2.020 (a) (73) of the Town of Queensbury Zoning Ordinance. The term recreational areas for purposes of this local law shall have the same definition as "open space recreation use" set forth in Section 2.020 (a) (79) of the Town of Queensbury Zoning Ordinance except that it shall also include land used for conservation purposes. The list provided for in Section 2.020 (a) (79) is not exclusive and other similar uses shall be permitted at the Planning ` Board's discretion. SECTION 2. Authority. This local law is enacted pursuant to the provisions of Section 10 of the Municipal Home Rule Law of the State of New York. SECTION 3. The developer of a multiple family dwelling unit, hereinafter referred to as developer, proposing land dedication shall file with the Planning Board a site plan detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the developer on the basis of at least 1000 sq. feet per lot, but in no case shall the amount be more than /0% of the total area of the development. Such area or areas may be dedicated to the Town by the developer is the Town Board approves such dedication. All lands designated on the site plan as park, playground, or other recreation area not in Town ownership shall be subject to such conditions as the Planning Board may establish such as hours of operation, access to the general k public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for their intended purposes. Such conditions shall be shown on the site plan prior to site plan approval and recording. The Planning Board shall consider the following in determining the suitability of the reserved land for recreational purposes: (if additional space is needed,please attach sheets of the same site as this and somber each) (1) 1. The size and shape of the reserved land. 2. Whether the land is usable land, which for purposes of these regulations shall be taken to mean land that is relatively level and dry. 3. The location of the reserved land, i.e. whether the land is: A. located in the area which is heavily populated B. near other recreation areas, C. near other recreation areas providing the same type of recreation, D. in a location which will provide a safe and accessible recreation area for Town residents. SECTION 4. When requested by the developer, or in cases where the Planning Board finds that due to the size, shape, topography, or location of the development, land for park, playground or other recreation purpose cannot be properly located therein, the Board may waive the requirement that the site plan show land for such purposes. The Board shall then require as condition of approval of the site plan a payment of recreation fees in lieu of land, in an amount equal to $500.00* per dwelling unit. Such amount shall be paid to the Town Board at the time of final site plan approval and no site plan shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for: 1. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabitants of the town's residential neighborhoods, and 2. The improvement of new or existing park, playground and open space lands which serve the town's residential neighborhoods. In any case, the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreation purposes. SECTION 5. Nothing in this section will be construed as prohibiting a developer form reserving other land for recreation purposes in addition to the requirements of this section. SECTION 6. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof requirements. SECTION 7. This local Law to the extent it is inconsistent with Local Law No. 6, 1986, repeals Local Law No. 6, 1986. i November 1988* *Modification made by this Local Law i' i (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. ...8.... of 19 ..88.. of the Nr of .QueensburX.... was duly passed by the .... Town.Board. , . ... ...._ .. Town (Name of Legislative Body) Vfl�e� on.November 29th...._. 19.88.,:in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or so disapproval by Elective Chief Executive Officer,t 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.) 1 hereby certify that the local law annexed hereto,designated as local law No. ...... . . of 19 ........ County City ofthe Town of ................ was duly passed by the .. .......... .... . . ... .. .. . . .... . Village (Name of Legislative Body) not disapproved on ............................. 19........ and was approved by the ....... ...... .. . . . . . . . . . . ... repassed after disapproval Elective Chief Executive Officer* on .................................. 19 ......r... Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive 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 ofthe Town of ................ was duly passed by the ........... .... ..... . .... (Name of Legislative Body) Village not disapproved on............................. 19........ and was approved by the .................. . ....... .. repassed after disapproval Ele{tive Chief Executive officcr• 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 supervisor of a town where such officer is vested with power to approve or veto local laws or ordinances. f 3) • S. (City local law concerning Charter revision proposed by petition.) 1 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 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 l 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, snd having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit 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 of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ......1......above. Clerk of the County legislative body,City, Town er*W&pClerk or officer designated by local legislative body Date: November 29, 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........wWMZO .............. 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 enactme w annexed hereto. • •.•• ••••••••••Signature .........T.Qwa.AUPrt7Py . .......... ........ ...... Title C6VMy X X Date: November 29, 1988 atyx of ....... ..Que wpyury................. Town (4) 14-164(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSO -1,, 2 PROJECT ME ,•d- 3. PROJECT LOCATION:,�y Municipality L��t ��IJV' County 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? El Yes �No If yes, list agency(s)and permitlapprovals 11. DOES ANY ACT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No if yes, list agency name and permiUapproval i - 12. AS A RESULT OF ROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanVsponsor name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXC ED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes KNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another Involved agency. ❑Yes o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems?Explain briefly: f C2. Aesthetic,agricultural,archaeological, historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: i� C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. C5. Growth,subsequent development,or related activities likely to be Induced by the proposed action?Explain briefly. C6. Long term,short term,cumulative,or other effects not Identified In C1-05?Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)?Explain briefly. D. IS THERE,OR IS_I#ERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes No If Yes,explain briefly PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether It is substantial,large,Important or otherwise significant. Each effect should be assessed In connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency j Print'or Tyl Name of Responsible Officer in Lead Agency Title of Respons' e O icer \-1-1 Lin le )� ^�.—A Signature of Responsible Officer in Lead Agency Signature o Prep rer i ere t r responsible officer) U 11 (i`) Tom ate 2 14-16.4(2/87)—Text 12 PROJECT I.D. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (ro be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSO� 2 PROJECT ME 3. PROJECT LOCATION: Municipality �v Q."cam is 0 UY County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPCT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes, list agency name and permitiapproval 12. AS A RESULT OF ROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: P If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXC ED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes X. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems?Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: 1 C4. A community's existing plans or goals as officially adopted,or a change In use or Intensity of use of land or other natural resources?Explain briefly t C5. Growth,subsequent development,or related activities likely to be Induced by the proposed action?Explain briefly. C6. Long term,short term,cumulative,or other effects not Identified In C1-05?Explain briefly. C7. Other impacts(Including changes In use of either quantity or type of energy)?Explain briefly. D. IS THERE,OR IS ThiERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes �XNo If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether It is substantial,large,Important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility;(e) geographic scope; and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 9. \Name ot Lead Agency Print or Ty Name of Responsible Officer in Lead Agency -Title of Respons le Officer c� Signature of Responsible Officer in Lead Agency Signature of Prep rer(Tt differeht frdm responsible officer) —�—�— - Date-2 /Pkes Loca( Lw RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW 1988 AMENDING LOCAL LAW 6, 1986 RESOLUTION NO. , 1988 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town Board of the Town of Queensbury is desirous of amending Local Law No. 6, 1986 with respect to the amount to be required as a recreation fee in lieu of land, and WHEREAS, the proposed Local Law No. 8, 1988 amending Local Law No. 6, 1986 has been prepared, a copy of which is annexed hereto, and WHEREAS, the proposed Local Law is worthy of consideration for legisla- tive action, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held concerning the proposed adop- tion of said Local Law and that said public hearing be held at 7:30 p. m., in the meeting room of the Town of Queensbury Office Building, Bay at Haviland Road, in the Town of Queensbury, Warren County, New York, on the 22nd day of November, 1988, at which time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. j ` • Duly adopted this day of 1988, by the following vote: AYES NOES ABSENT I :oiS c � LOCAL LAW NUMBER 8, 1988 646/Lpct4u) 2ec r � A LOCAL LAW AMENDING LOCAL LAW NO. 6, 1986 AND PROVIDING FOR ` THE RESERVATION OF RECREATION AREAS OR MONEY IN LIEU THEREOF AS A CONDITION PRECEDENT TO SITE PLAN APPROVAL BE IT ENACTED AS FOLLOWS: SECTION 1. Legislative Intent. It is the purpose of this Local Law to amend Local Law No. 6, 1986 to amend the provision concerning the amount to be required as a recreation fee in lieu of land. The purpose of this legislation is to* require developers of multiple family dwelling units to reserve recreation areas or money in lieu thereof as a condition precedent to site plan approval in order to provide the people of the Town of Queensbury with certain planned neighborhood recreational areas, and to preserve open space for that time when the Town may be largely developed. The term multiple family dwelling shall have the definition set forth in Section 2.020 (a) (73) of the Town of Queensbury Zoning Ordinance. The term recreational areas for purposes of this local law shall have the same definition as "open space recreation use" set forth in Section 2.020 (a) (79) of the Town of Queensbury Zoning Ordinance except that it shall also include land used for conservation purposes. The list provided for in Section 2.020 (a) (79) is not exclusive and other similar uses shall be permitted at the Planning Board's discretion. SECTION 2. Authority. This local law is enacted pursuant to the provisions of Section 10 of the Municipal Home Rule Law of the State of New York. SECTION 3. The developer of a multiple family dwelling unit, herein- after referred to as developer, proposing land dedication shall file with the Planning Board a site plan detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the developer on the basis of at least 1000 sq. feet per lot, but in no case shall the amount be more than 10% of the total area of the development. Such area or areas may be dedicated to the Town by the developer if the Town Board approves such dedication. All lands designated on the site plan as park, playground, or other recreation area not in Town ownership shall be subject to such conditions as the Planning Board may establish such as hours of operation, access to the general public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for their intended purposes. Such conditions shall be shown on the site plan prior to site plan approval and recording. The Planning Board shall consider the following in determining the suit- ability of the reserved land for recreational purposes: 1. The size and shape of the reserved land. 2. Whether the land is usable land, which for purposes of these regulations shall be taken to mean land that is relatively level and dry. 3. The location of the reserved land, i.e.. whether the land is: a. located in an area which is heavily populated, b. near other recreation areas, c. near other recreation areas providing the same type of recreation, d. in a location which will provide a safe and accessible recreation area for Town residents. SECTION 4. When requested by the developer, or in cases where the Planning Board finds that due to the size, shape, topography, or location of the development, land for park, playground or other recreation purpose cannot be properly located therein, the Board may waive the requirement that the site plan show land for such purposes. The Board shall then require as condition of approval of the site plan a payment of recreation fees in lieu of land, in an amount equal to $500.00* per dwelling unit. Such amount shall be paid to the Town Board at the time of final site plan approval and no site plan shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for: 1. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabi- tants of the Town's residential neighborhoods, and 2. The improvement of new or existing park, playground and open space lands which serve the Town's residential neighborhoods. In any case, the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreation purposes. SECTION 5. Nothing in this section will be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. SECTION 6. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof requirements. SECTION 7. This Local Law to the extent it is inconsistent with Local Law No. 6, 1986, repeals Local Law No. 6, 1986.* NOVEMBER 1988* * MODIPWATION MADE BY THIS LOCAL LAW A P V vr; - �t1 y h lei I.. ykx yx � tpi'? 5 t �F Ysf-. cWd frail" the"RETURN T&I __ ► "u,T - aw raves 1 .F , re he d to tr tiD dog {jam for a x 1�for *no towhom �onal,t yk�Msk we e• eu1; = Article Womber T"*Of Zj Mall ►► s.s ,re-Ad - V.Sly � X Agent - 7. of QMitv�y �y .. w g' SE IAM w ' ., Rut y©uc- ••RETURN TEY' ' " s, + ng tMrhodPuffunater for tam. !" ►' '. ' Apevent thb del -ate fdraddt �+trrfaNi�f t, t Show to whom dam;deft,and �,'�.Art1 . 'DLpr, �'3t ST C Trw+ot COP A7Y AJMYS obWn skostw* or S.S' apnt OW 6.stpnewro t A, x 7.Date PS Form 5811,F�.19 '