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