Loading...
LL 01 Moratorium Uses Within Light Industrial Zone (Please Use this Form 6r filing your Local Law with the Secretary of State) ` Text of law should be gh-en as amended. Do not include matter being - eliminated and do not use italics or underlining to indicate new matter. Gliilldy To a Wr of . . . . .Queensbury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49M3( Local Law No. . . . .. .I. . . . . . . . . . . . . . . . . of the year 19 .90. . . . . . . t A local law .Ptablishiny?.Moratorium relative to certain site plan applications, permits , . . . . . . . . . . . . . . (Insert title) approvals, and allowed uses within a specific Light Industrial Zone of the Town of Queensbury Be It enacted by the . . . . .T.Qwrx Vaand . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . of the (Name of Lepislatne Bod)) Cry of . .Queevsbar'y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town . . . . . . . . . . as follows: Vil BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF O.UEENSBURY AS FOLLOWS: SECTION 1: Title: This Local Law shall be entitled and known as: "A Local Law Establishing a Moratorium Relative to Certain Site Plan Applications, Permits, Approvals, and Allowed Uses Within a Specific Light Industrial Zone of the Town of Queensbury." SECTION 2: Legislative History and Purpose: . This moratorium is designed to address particular uses allowed in the light industrial zoning classification of the Town of Queensbury when and if a certain area of the Town of Queensbury is re-zoned to light industrial use. This moratorium relates in particular to a specific area of the Town of Queensbury, such area lying or located near or adjacent to Corinth Road, which area the Town Board of the Town of Queensbury feels is inappropriately zoned as residential in light of current, existing uses and the zoning designation previously assigned the area prior to October 1, 1988, when the current Zoning Ordinance for the Town of Queensbury became effective. The Town Board Finds that the current uses in the area in question more closely coincide with many of the uses allowed in the light Industrial zoning designation of the Town of Queensbury and that the current zoning imposes an undue hardship on property owners in that area of Town. The Town Board also finds that the Town of t *Queensbury, as a whole, is not benefited by the area in question being zoned as residential, and that immediate action to re-zone the area is warranted. However, the Town Board also finds that although the more appropriate zoning (11 additional space is needed,please attach sheets of the same size as this and number each) ll) Ar. designation for the area in question would be light industrial, and the area and Town thereby benefited, the zoning designation also allows certain uses consisting of extraction of sand, stone, or gravel, enclosed batch plant, truck repair facility, and junkyards, which do not appear to be compatible to the area proposed to be re-zoned, or to the residentially zoned areas in proximity thereto. The Town Board, therefore, hereby determines that the area proposed to be re-zoned, and the Town as a whole, would be benefited by a study and possible revision of the uses allowed in the light industrial zoning classification in that area of Town, with the anticipation that modifications may be made in the Town of Queensbury Zoning Ordinance to more appropriately address the aforesaid uses. It is estimated that the aforesaid study would take approximately six (6) months. The Town Board, however, also finds that it would not be fair for property owners in the area proposed to be re-zoned to wait until the aforesaid study is completed before re-zoning, as immediate action is warranted. On the other hand, it is also determined that any solution or zoning proposal developed by the Town Board and other Town agencies would be impeded by development and use of the properties in the area to be re-zoned, with the uses previously determined to be incompatible. Therefore, the most appropriate solution would be that of a limited moratorium which still allows use of property and yet preserves the rights of all concerned in the area. SECTION 3: Definitions: For purposes of this Local Law, the words, terms, and provisions used herein shall have the meaning assigned to them in the definitions provided by the Town of Queensbury Zoning Ordinance currently effective, and effective as of October 1, 1988. Any word, term, or provision not so defined shall have such definition as assigned to it by the most current edition of Black's Law Dictionary as the common and usual definition, or, if not defined therein, its customary and usual meaning. SECTION 4: Authority and Certain State Law, Zoning Ordinances and Local Laws Amended or Superceded: The authority for this Local Law is the Municipal Home Rule Law of the State of New York. This Local Law shall amend or supercede Town Law §274-a in its entirety; the Town of Queensbury Zoning Ordinance (effective October 1, 1988), §1.050, §4.020-N, and Article 5; and Local Law No. 4, 1983, entitled. "A Local Law to License the Operation of Junkyards and to Regulate the Operation of Junkyards in the Town of Queensbury, Warren County, New York"; and all other conflicting State Laws, Local Laws, and Ordinances. SECTION 5: Moratorium -Prohibition of the Acceptance, Processing, Review, or Approving of Certain Applications: -2- A) A moratorium is hereby established with regard to all applications, receipt of applications, the granting of permits, andlor granting of approvals for extraction of sand, stone, or gravel, establishment, continuation, alteration, extension, change of use and enlargement of enclosed batch plants, truck repair facility, andlor junkyards within that area of the Town of Queensbury lying generally near and on both sides of Corinth Road, east of VanDusen Road, west of Stephanie Lane, and southerly of Sanders Road, such area being more specifically identified as that property appearing on a map submitted to the Town Board at a Town Board Meeting held on or about November 1, 7989, whereat Resolution No.: 623, 7989 was adopted, and specifically containing those properties appearing on said map and lying within the aforedescribed area bearing tax map numbers: 126-1-30, 126-1-31, 726-1-32, 126-1-33, 126-1-34, 126-1-36, 126-1-35, 126-1-38, 726-1-40, 126-1-41. 7, 726-1-41.2, 126-1-42. 1, 126-1-43, 726-1-44, 126-1-45, 126-1-57, 126-1-59, 726-1-60, 126-1-67, 726-1-62, 726-1-63, 726-1-64, 726-1-65, 726-1-66, 726-1-67, 726-1-68. 1, 126-1-68.2, 126-1-69, 726-1-70. 7, 147-1-1. 1, 147-1-7.2, 747-1-3, 747-1-4, 147-1-5, 147-1-6, 147-1-7, 147-1-8, 147-1-9, 147-1-10, 147-1-71, 747-1-72, 147-1-13, 147-1-74, 147-1-15, 147-1-76. 1, and 147-1-16.2. B) No agency within or employee of the Town of Queensbury shall accept, process, review, or grant approval of any site plan, use permit, or any other application for the establishment, alteration, enlargement, change of use, or extension of property for the extraction of sand, stone, or gravel, truck repair facility, enclosed batch plants, andlor junkyards, within that part of the area of the Town of Queensbury previously described in part A and containing those parcels of land identified as having tax map numbers: 126-1-30, 726-1-37, 126-1-32, 126-1-33, 126-1-34, 126-1-36, 126-1-35, 126-1-38, 726-1-40, 726-1-47. 1, 126-1-41.2, 726-1-42. 1, 126-1-43, 126-1-44, 126-1-45, 726-1-57, 726-1-59, 126-1-60, 126-1-61, 726-1-62, 726-1-63, 126-1-64, 126-1-65, 126-1-66, 126-1-67, 126-1-68. 1, 126-1-68.2, 126-1-69, 126-1-70. 1, 747-1-1. 1, 147-1-1.2, 147-1-3, 147-1-4, 147-1-5, 747-1-6, 147-1-7, 747-1-8, 147-1-9, 147-1-10, 747-1-11, 747-1-72, 747-1-13, 147-1-14, 747-1-75, 747-1-16. 7, and 747-1-76.2. C) Not withstanding the provisions of paragraphs A and B hereof: 1. The development of any project effected by this Local Law, for which approval has been given prior to the effective date hereof, may be continued and shall not be effected by the terms and provisions hereof, andlor 2. Currently existing and approved uses in the light industrial zone shall be allowed to be continued and maintained in reasonable repair, but may not be altered, enlarged, established, changed (in use), repaired and restored, or extended. SECTION 6: Application: This Local Law shall apply to only that area of the Town of Queensbury identified in Section V. -3- SECTION 7: Duration: This Local Law shall be in effect for a period of six (6) months from the effective date hereof, and may be terminated sooner by Local Law adopted by the Town Board of the Town of Queensbury. SECTION 8: Violations: Any person, firm, entity, or corporation that shall construct, erect, enlarge, or accept an application and approve the use of property in violation of the provisions of this Local Law shall be subject to a civil penalty in the amount of $500.00 for each day such violation shall result, occur, or exist. SECTION 9: Severability. Should any section or provision of this Local Law be deemed invalid, such decision shall not effect the validity of the remaining provisions of this Law. SECTION 70: Effective Date: This Local Law shall become effective at the earliest time permissible under the provisions of the Municipal Home Rule Law of the State of New York, or upon the re-zoning of the area which is the subject of this Local Law, whichever date is later. -4- (Compltite 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 bode only.) 1 hereby certify that the local law annexed hereto, designated as local law No. . .1... . . . of 19 .9.0.... Gouty of the Town n of . .Quea sbii:yc . . . was duly passed by the . . . Town•Boaro ..of Legislative Body) . . . . . . . . . . XWW on ....Fabruaryl.4 ....... 19 9R.... in accordance with the applicable provisions of law. t2. (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 f Town o . . . . . . . . . . . . . . . .. was duly passed by the . . . . . . . . . . . . . . . . . . : . . .. . . . . . . . . . . . . . Village (Name of Legislative Bode) not disapproved on ............................. 19 ........ and was approved by the . . . . . . . . . . . . . . . . . . . . . . . . . . . . repassed after disapproval Elective Chief Erecuti�e Officer• and was deemed duly adopted on .................................. 19 ......... in accordance with tht; app.irable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. . . . . . . . . of 19 ........ t County of the city of . . . . . . . . . . . . . . . . was duly passed by the . . . . . . . . . . . . . . . . . . . . . . . . . . Town (Name of Legislative Bodyl Village not disapproved on ............................. 19 ........ and was approved by the . . . . . . . . . . . . . . repassed after disapproval Electi�eChief Executi�eOfficcr•� on .................................. 19 .......... 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 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• on . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . ..Such local law was subject to a permissive referendum and no valid petition requesting such referendum'was filed as of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . .. in accordance with the app!:^^"'' . !ions of law. t ,'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a count)-wide basis or,It there be none,the chairman of the count) legislative bod),the mayor of a city or village or the supervisor of a town where such officer is vested with pow er to approve or veto local la As or ordinances. -5- 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 special election held on general . . . . . . • • • • • • ............ 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 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.) 1 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 originaflocal law, and was finally adopted in the manner indicated in paragraph .....1........ above. Clerl,of the ,g#y, Town 9IzI*VX officer designated by local lelislmkc bode t Date: February 27, 1990 (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 Warman................ 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 exed hereto. ' nature ' . .. . . . .. . .Town AU<V >'ey.. . . . .. . ... . . . . . . . . . .. Title QAWy Date: February 27, 1990 *�� of . . .Queembur. . . . ... . . . . . . . . . . . . . own Y ' -6- Date- 3/6/90 _ Local Law(s)No. 1 Year 199 Municipality Town of Queensbury Please be advised that the above-referenced material was received and filed by this office on ___-_`____2/28/90__ Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records DOS-236(4W) NYS Department of State - Bureau of State Records 162 Washington Avenue a Albany, NY 12231-0001 t a . Darleen M. Dougher, Town Clerk Town of Queensbury Town office Building 531 Bay Road Queensbury, NY 12804 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Pdo your name,address and ZIP Code in the space below. • Complete Items 1,2,3,and 4 on the U 8 NIAI� reverse. �p • Attach to front of article if space ye�M,,,7ts, otherwise affix to back of }�cle. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO --► own c eA )641"etgt�, — i and 4. H_.....— ems 1 and 2 when additional services are desired, and complete items Put your address in the"RETURN TO" Space on the reverse side.Failure to do this will prevent this card from being returned to you.The return recei t fee will Provide ou the name of the erson delivered to'and the date of delivery. For ad itiona ees t e o owing services are availa le. onsult postmaster Tor Tees and check box(es) or additional service(s)requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) , 3. Article Addressed to: 4. Article Number Type of Service: ��1;(�`• S ❑ Registered ❑ Insured ©'Certified ❑ COD ��pp ❑ Express Mail ❑ fortMerchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if X 4 requested and fee paid) 6. ignat r � X 7. Date Ot)i PS Form 3811, Apr. 1989 *U.S.G.P.O.1989-238-816 DOMESTIC RETURN RECEIPT