LL 17 Sewers and Sewage • NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASM[NGTON AVENUE, ALBANY, NY 12231
(Use this form to file a 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.
cu"X
O(OX Queensbury
Townof ...................................................................................................................
XRIX90
Local Lave No. .........1.7....................................... of the year 10.1.....
To Amend The Code of The Town of Queensbury, Chapter 736 Thereof, Entitled °Sewers
A local law ...................................,.......
And Sewage Disposal' f., To Amend Section 136-44-Thereo �And"To-Add-A--Nei -S- ection•Providing.Far...The
Gronting of Vorionces or Woivers From Sewer Connection Requirements
Be it enacted by the Town Boord
.................................. ...............................................................................of the
(Name of Legislative Body)
Q"tv
6X Queensbury
Townof .................................................................................................................. as follows:
SECTION 1 :
Chapter 136 of the Code of the Town of Queensbury, Section
136-44, is hereby amended to read as follows :
119136-44. Connection to sewers required.
The owner (s) of all houses, buildings or
other structures and any properties used for
human occupancy, . employment, recreation or
other purposes, situated within the sewer
district and located within two hundred fifty
(250) feet of a public sanitary sewer of the
sewer district, is (are) hereby required at
the owner' s expense to install suitable
sanitary facilities therein and to connect
such facilities directly with the public
sewer within one ( 1) year, in accordance with
the provisions of this Part 3, unless a
greater distance or an earlier date is
mandated by the New York State Health
Department or unless there are substantial
physical obstructions, in which case_ the
owner (s) may appeal to [the New York State
Health Department] and the Queensbury Town
Board, whose decision shall be final and
binding. "
SECTION 2:
Chapter 136 of the Code of the Town of Queensbury is hereby
amended to add a new section following Section 136-44, to be
known as Section 136-44. 1, as follows :
Section 136-44. 1 — Variances or Waivers from required
sewer connections.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1}
DOS•239 (Rev. 7l90)
f
A. Variances or Waivers Authorized. The Town Board of
the Town of Queensbury is hereby authorized, upon request, to waive
the sewer connection requirement of Section 136-44 hereof, or vary
the time in which such connection must be made, provided that the
following standards and criteria or conditions are met or
demonstrated and provided further that the following procedure is
followed.
B. Variance or Waiver Request. Requests for variances
or waivers from said Section 136-44 shall be made in writing by the
person, corporation, partnership or association having fee title
ownership to the building and real property for which the variance
or waiver is requested. If there is more than one owner, all
owners must join in the request. Such request shall be submitted
to the Town Clerk for the Town of Queensbury and shall provide the
following information, the furnishing of which may be waived by the
Board:
1) Names and addresses of all owners of the
building(s) and real property for which the variance or waiver is
requested.
2) Post Office Address, Street Address and the Map
Number of the subject property.
3) The estimated distance, in feet, from the
building to the Town sewer pipeline to which connection is
required.
4 ) A statement as to whether any physical
obstructions exist which may make the connection difficult or
impossible.
5) If the cost of connection is provided as a basis
for the variance or waiver requested, the estimated cost of the
connection.
6) Description of the current sewage disposal
system providing sewage service to the premises, with a statement
as to whether the same is currently properly functioning.
C. Variance or Waiver Procedure and Criteria for Town
Board Decision Thereon.
1) The Town Clerk of the Town of Queensbury, upon
receipt of a written request for a variance or waiver from the
provisions of Section 136-44 hereof, shall present the same to the
Town Board of the Town of Queensbury at the next regularly
scheduled Town Board Meeting following receipt, provided that such
request is received at least two (2) full business days prior to
said meeting. In the event such request is not received by the
required time period, the Town Clerk shall submit the same to the
( 2 )
Town Board at its next or second regularly scheduled Town Board
Meeting following receipt of the request, with such submission date
to be determined by the Town Supervisor.
2) Upon presentation of the request for a variance
or waiver, the Town Board shall set a date for a hearing upon the
request, which hearing date shall be not more than ninety (90) days
from the date the request is presented to the Town Board. The
hearing shall be on written notice to the applicant, and said
applicant shall be entitled to a maximum of ten (10) days written
notice. The notice may be waived by the applicant by affirmative
action or appearance at the time and place of the hearing. By
application for the variance, the applicant agrees to the use of
the United States Postal Service for service of all written
communications between the Town Board and the applicant. Notice
shall be deemed to have been given to the applicant when the same
is mailed by appropriately wrapping, addressing and placing the
appropriate postage on the same and depositing the same in a United
States Postal Service Receptacle for mail pick-up or given to an
appropriate United States Postal Employee.
3) At the hearing, the applicant may be represented
by an attorney and shall be given the opportunity to speak to the
Town Board and present any written or other evidence, including
that consisting of the testimony of an expert or other witnesses
that the applicant feels is supportive of the application for a
variance or waiver. The Town Board shall have the opportunity to
ask any questions or request such other evidence or information
that it feels is relevant to the applicant' s request.
4 ) In granting a variance or waiver, the Town Board
may consider one or all of the following circumstances :
(a) . The distance from the building to the
Town sewer pipeline to which connection is required.
(b) . The cost of the connection.
(c) . The existence or nonexistence of any
physical obstructions.
(d) . The financial loss to be sustained by the
property owner in the event of nonuse of the current system.
(e) . Whether the current sewage disposal
system is properly functioning.
( f) . Whether any right-of-ways or easements
are needed in order for the applicant to make the connection to the
Town Sewer System.
(g) . Whether strict application of the
(3)
connection requirement of Section 136-44 would result in a
specified difficulty to the applicant, for which the applicant has
not been given a reasonable time to respond to or address, and
whether the variance or waiver would be materially detrimental to
the purposes of this Chapter or the property and the district in
which the property is located or otherwise conflict with the
description or objectives of the plan or policy of the Town, and
that the interests of justice are served.
5) In the event that the Town Board finds any or
all of the above circumstances or conditions, the Town Board may
grant the following relief:
(a) . In the event that circumstances giving
rise to the request are due to physical obstructions, costs
significantly greater than the usual sewer connection costs, a
distance greater than 250 feet from the sewer pipeline to the
building or structure to be connected, or a documented inability to
obtain an easement or right-of-way over which a sewer line must
pass in order to connect to the Town sewer system, the Town Board
may grant a permanent waiver from the requirement that the
applicant connect the subject property, provided that the sewage
disposal system currently serving the property is operational, in
accordance with the Town of Queensbury Laws and Regulations and
appropriate New Yorks State Agency Rules and Regulations .
(b) . In the event that circumstances giving
rise to the request are due to excessive costs of connection, the
financial loss to be sustained by the property owner in the event
of nonuse of the current system or another specified difficulty
which makes it difficult or impractical for the applicant to
connect to the Town sewer system and the applicant is willing to
pay the full and usual sewer rents or taxes accruing against the
property, the Town Board may grant an extension of time not
exceeding two (2) years in which to connect to the Town sewer
system, provided that the sewage disposal system currently serving
the property is operational, in accordance with the Town of
Queensbury Laws and Regulations and appropriate New Yorks State
Agency Rules and Regulations . Prior to or after the expiration of
the extension of time provided by the Town Board, the applicant may
reapply for a further variance or waiver on any of the grounds set
forth herein, including the original grounds for which a variance
or waiver was requested.
6) The Town Board shall have 60 days from the date
of the hearing in which to render its decision, which shall be
rendered by resolution adopted by majority vote of the entire Town
Board. A copy of the resolution shall constitute the decision and
shall be mailed to the applicant following the meeting at which the
same is adopted.
7) In the event that the applicant wishes to appeal
(4)
I ,
or have the decision of the Town Board reviewed, the appeal or
request for review shall be made to the Supreme Court of the State
of New York within the time period and in accordance with the rules
and procedures set forth in CPLR Article 78. Other than this right
of appeal or review, the applicant shall have no other legal
recourse and the Town Board. The Town of Queensbury shall bear no
monetary liability in connection with any grant or denial of a
waiver or variance in connection with this Section.
SECTION 3. EFFECTIVE DATE
This Local Law shall become effective upon the filing of the
same with the Secretary of State, in accordance with the provisions
of the Municipal Home Rule Law of the State of New York.
(5 )
1
s
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that 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. 17 of 1991
of the (XMAUWXXW(Town)tMdV of Queensbury
was duly passed by the
Town Board on November 18, 19 91, in accordance with the applicable provisions of law.
(Name oULegislative y
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly
passed by the
(Name o Legislative Body)
on 19—, and was (approved)(not disapproved)(repassed after
disapproval) by the and was deemed duly adopted on 19
(Elective Chief Executive Officer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19—, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer —
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislativeody
on 19—, and was (approved)(not disapproved)(repassed after
disapproval) by the on 19 Such local law was subject to
(Elective Chief xecutive Officer
permissive referendum and no valid petition requesting such referendum was filed as of 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
county-wide 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 the power to approve or veto local
laws or ordinances.
(8)
• 5. (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 section (36)(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)(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 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 appropritate certification.)
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.
X61:2J� A
t
-Merk of the 6Launty legislative y, ,Town o er
or officer designated by local legilsative body
(Seal) Date: November.20, 1991
(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 Worren
I, 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 enactment of the local w annexed hereto.
re
Title Town Attorney
)MX�9�i>eil�'�C •-
n of Oueensbury
Towat�1Xg�
Date: November 20, 1991
(7)
12/30/91 ,
The following material has been
received and will be processed for
inclusion in your Code as supplemental
pages (where applicable):
Local Law No. 17-91, 18-91.
Town of Queensbury
C/O Clerk's Office
531 Bay Road
Queensbury, NY 12804
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TO
TO ~'
y
• a
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS MUNICIPALITY
162 Washington Avenue
Albany, NY 12231-0001 Town of Queensbury
DATE: 12/3/91 LOCAL•LAW(S) NO. YEAR FILING DATE
17 & 1 1 11 2 1
Local Law Acknowledgment
The above-referenced material was received
and filed by this office as indicated.
DARLEEN M DOUGHER
TOWN OF QUEENSBURY
TOWN OFFICE BUILDING
531 BAY ROAD Additional local law filing forms will be
QUEENSBURY NY 12804 _� forwarded upon request.
DOS-236 (Rev. 6/90)