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LL 06 Amend Code Review Two Lot Subdivsion Local Law Filing NEW PORK STATE DEPARTMENT OF STATE 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. .Cdt w*x Xxty Queensbur Townof ...........................Y.......................................................................................... X=gveX Local Law No. .......................................... of the year 19 .92.. A local law Zmin..g-SUbdi.Y.isi.on Review, Which Chupter Shall Provide for Jurisdiction (Insert Title) And Review of Two Lot.S.ubdivisioris.............. Beit enacted by the .........................Town Board.........................................................................................of the (Name of Legislative Body) V"At}X Roc of .........Queensbur Town . . .....Y..................................................................................................................as follows: �dI��CX Section 1. The Code of the Town of Queensbury is hereby amended by adding thereto a new chapter, to be Chapter 178, Zoning — Subdivision Review, to read as follows : § 178-1 Title. This Chapter shall be known as "Zoning — Subdivision Review". § 178-2 Statutory Authority. The authority for this Local Law is cited as Municipal Home Rule Law 910 and Town Law §276. § 178-3 Legislative Intent ; Purpose. The intent of this Local Law is to modify the Planning Board' s authorization to review and approve subdivisions in the Town of Queensbury. The desire is to provide for the authorization of -certain two lot residential subdivisions without Planning . Board ' approval. The subdivisions allowed would have to comply with the Zoning Ordinance. The type of two lot subdivision allowed without Planning Board approval would not seem to generally cause any environmental concerns and also would not seem to warrant the expenditure of time and money by all concerned for a review by the Planning Board. Also, as subdivisions in the Adirondack Park may be subject to restrictions or notification procedures under State Law, any subdivision in the Adirondack Park would still be subject to Planning Board review to make it easier, (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS•239 (Rev. 7/90) procedurally, to be sure that law is complied with in the event compliance is necessary. Finally, the subdivisions to which this Local Law would be applicable are extremely limited and the review provided for herein would be ministerial in nature to determine whether or not certain conditions are met. If the conditions are met, the subdivision would be allowed by the Town without Planning Board review. If they are not, then the subdivision would be reviewed by the Planning Board. § 178-4 Local Resolutions Amended or Superseded. This Chapter shall supersede or amend, as may be necessary, Resolution No. 114 of 1963, and any other resolution that may have granted or be deemed to have granted subdivision authority to the Planning Board. § 178-5 Definitions. As used in this Chapter, terms and words shall have such definitions as are established in Chapter 179, Zoning, of the Code of the Town of Queensbury. § 178-6 Jurisdiction and Review of Plats Showing Two Lot Residential Subdivisions. Subdivisions of parcels into two lots for single family dwelling unit residential purposes, shall be permitted in the Town of Queensbury, without Planning Board approval and shall not be considered a subdivision under the jurisdiction of the Planning Board provided that the procedures in §178-7 and 8 hereof and the following terms and conditions are complied with : (a) The parcel to be subdivided is located outside of the Adirondack Park and areas determined to be critical environmental areas in accordance with the State Environmental Quality Review Act ; (b) The proposed subdivision complies with the applicable zoning regulations ; (c) The proposed subdivision does not require new streets nor the creation or extension of improvement districts for the supply of water, sewer or drainage ; (d) The parcel or portion thereof to be subdivided has not have been previously illegally subdivided or subdivided with the (2) approval of the Planning Board or through the use of this procedure ; (e) The proposed subdivision does not propose to establish or create more than two lots ; (f) Payment of applicable recreation fees are made at the time of the application provided for under § 178-7 hereof; and (g) The proposed subdivision and new lots created hereunder are used to construct not more than one single family dwelling unit on each lot. (h) No further resubdivision will be allowed under this provision. § 178-7 Procedure and For■ of Mapping and Application Subdivisions of parcels into two lots for single family dwelling unit purposes shall be permitted by the following procedure : A. An informal plot plan shall be submitted to the Zoning Administrator. The Zoning Administrator will review the plan and then, if the same demonstrates compliance with the terms and conditions set forth in § 178-6 hereof, the same will be stamped permitted with the following notation: plot plan meets all criterion ; no Planning Board review necessary. The applicant may then use the property for single family dwelling unit purposes consistent with the Zoning Ordinance. B. The plot plan required hereunder shall contain the following information : ( 1 ) name and address of property owner (2) date of submission (3) tax parcel number (4) name of subdivider (5) approximate location of the proposed structure to ensure setbacks and septic system can be met (6) north arrow (7) that final grading of the parcel will slope away from the proposed structure for stormwater drainage and disposal (3) 4 § 178-8. Required Filings. The original plot plan submitted hereunder shall remain on file with the Town of Queensbury and a copy shall be given to the person or entity requesting the subdivision. § 178-9. t_fifective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. (4) (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. 6 of 19 92 of the (OOXAtX)((ZX)(Town)(Wx)( ) of Queenshury was duly passed by the on July 15, 1992 , in accordance with the applicable provisions of law. ame of Legislative 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 of Legislativeody on 19 , and was (approved)(not disapproved)(repassed after disapproval) by the and was deemed duly adopted on 19 eetive hie( xecutive (Ester 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 (Count y)(City)(Town)(Village) of was duly passed by the Name of Legislative Body on 19 , and was (approved)(not disapproved)(repassed after 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. (5) r 5. (City lbcal 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 consideped 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. TFe-rk of the oun y leipslative body, CAy,Town or it a er or officer designated by local legilsative body (Seali. Date: Julv 16, 1992 (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 law reto. gnature Town Attorney Title ►0XIXX OiTy n of nueensbury Tow ��89C Date: Julv 16, 1992 (6) NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS MUNICIPALITY 162 Washington Avenue Atbany, NY 12231-0001 Town of Queensbury LOCAL LAW(S) NO. YEAR FILING DATE DATE: 7/L8/y2 6 & / 1992 7/20/92 Local Law Acknowledgment The above-referenced material was received TOWN OF QUEENSBURY and filed by this office as indicated. � ^I 531 BAY ROAD QUEENSBURY NY U 804 Additional local law filing forms will be I- ^� forwarded upon request. DOS-236 (Rev. 6/90) RO� N 40' 92 #2 i79 Uw I l,o o 0 u G/u Cier k f i "'I r • Additional Services General Code Publishers' commitment --) the maintenance of a7 organised body of law for your municipality includes the following additional services which are available to you: • Review and Analysis of Your Code • Printing of Additional Up-To-Date With State Laws. Copies of the Code. • Indexing - Codes and Minutes. • Review and Updating of Land Use j • Pamphlet Reprints of Code Chapters Legislation. i Such as Zoning, Personnel Policies and • Distribution Services For Code Books Subdivision Regulations. and Supplements. I • Sample Laws and Ordinance Drafting • Loose-leaf Supplement Services. iServices. • Codification of Traffic Regulations. i • Expandable Loose-leaf Binders. r t Should you be interested in learning more about any of these services, please contact: GE EARAL CODE PUBLISHERS 72 1linch(y Road CORP. Rochester, New York 14624 716 328-1810 0 FAX: 328-8189