LL 19 Recreation Fees 1 ocal Law Filing NEW YORK STATE DEPARTMENT Of srArE
162 WASHINGTON 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.
Ct ooxty
T� of ........�2ueensbury......................................
..................................................
VAU4e
Local Law No. ...........1.9..................................... of the year 19 ...9.1.
A local law, ..T.v.A mend.the..Code..o. .the..T..oIvn..af..Queensb.ury.,..Ch.op.ter...1.2.4..T.hereof.,Eryti.tled, ',Parks and
Recreation Areas: to add a new paragraph exempting certain lots as no longer ossessahlefor Recreation
Fees
Be it enacted by the .........T.awn-Board..........................
....... the
(Name of Legislative Body)
Aly
CkX Town of ............................Queensbury..............................................................................................as follows:
Vk)#Xe
Be it enacted by the Town Board of the Town of Queensbury as
follows :
Section 1. Chapter 124 of the Code of the Town of Queensbury is
hereby amended to add a new paragraph following paragraph A. (2)
of Section 124-5 to be known as Section 124-5 A. (3) and to read
as follows :
§ 124-5 A. (3) Any unbuildable lot created at the time a
Planning Board issues final subdivision, site plan or
planned unit development approval.
R
Section 2. Chapter 124 of the Code of the Town of Queensbury is
hereby amended to add a new definition following the definition
provided therein for assessable lots in § 124-5 A. to read as
follows :
UNBUILDABLE LOT - Any lot upon which it is not possible to
erect a dwelling unit due to wetlands, inability to comply
with zoning ordinances of the Town of Queensbury, or any
other governmental regulation, or upon which the owner
agrees not to build a dwelling unit at the time subdivision
approval is granted. If at anytime a dwelling unit is built
upon what is believed to be an unbuildable lot the same
shall not be considered unbuildable and will lose the
exemption for the Recreation Fee.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
• (1)
DOS•239 (Rev. 7/90)
Section 3. Effective Date : This local law shall become
effective as soon after filing with the Secretary of State as is
permissible by law. This local law shall have retroactive
application with respect to any site plan, subdivision plan or
planned unit development approved by the Planning Board of the
Town of Queensbury since January 1, 1991 provided that the effect
of such retroactive activity shall be limited to the
establishment of a right for any person or business entity who
has previously paid a recreation fee which was greater than that
now required as a result of this amendment, to demand a refund of
such a fee paid in excess of the fee required hereby provided
further, however, that in no event shall said person or business
entity be entitled to a refund of any amount greater than that
already paid to the Town of Queensbury on a particular site plan,
subdivision plan or planned unit development. All refunds
claimed due and owing as a result of this local law, must be
claimed within one ( 1 ) year from the date hereof.
(2)
(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. i4 of 19 91
of the (>aa=ty)Wky)(Town)WMage) of Queensbury was duly passed by the
on neremher 74 19--U in accordance with the applicable provisions of law.
ame o egu s ive y
Z. (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
on 19_, and was (approved)(not disapproved)(repassed after
ame of egislative Body
disapproval) by the and was deemed duly adopted on 19
ectiva Chief xecutive ffieer
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
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive 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.
(3)
5. (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 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 5 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 1 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 I above.
12c
er of t unty egv ative y, jty,Town or JWjIXCIerk
or officer designated by local iegilaative body
(Seal) Date: December 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 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 enactment of the local law anne ereto.
gnature
itle
Cavwy
guy of n"
Town �nchur�.
V jJWe
Date: 130camheP 20� P-01
(4)
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS MUNICIPALITY
162 Washington Avenue
Albany, NY 12231-0001 town of queensbury
12/31/91 LOCAL LAW(S) NO. YEAR FILING DATE
DATE: 19 1991 12/24/91
Local Law Acknowledgment
The above-referenced material was received
and filed by this office as indicated.
I DARLEEN DOUGHER TOWN CLERK I
TOWN OF QUEENSBURY
TOWN OFFICE BUILDING
531 BAY ROAD
QUEENSBURY NY 12804 Additional local law filing forms will be
I_ _I forwarded upon request.
DOS•236 (Rev. 6/90) r
0
12/30/91 ~-
Ey"
The following material has been
received and will be processed for
inclusion in your Code as supplemental
pages (where applicable):
Local Law No. 19 of 1991.
Town of Queensbury
C/O Clerk's Office
531 Bay Road
Queensbury, NY 12804
i:,:ii„i,il::l:i►::::i:,ii,l„i,,,{„i,ii,:i:i,i„i
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