6.15 6.15
RESOLUTIONS\LOCALLAWS\SET PUBLIC HEARINGS\Chapter 179—Waterfront Residential Zoning Changes—4-15-19
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. OF 2019 TO AMEND QUEENSBURY TOWN CODE AND
TOWN ZONING MAP TO MAKE CERTAIN CHANGES TO
WATERFRONT RESIDENTIAL ZONES TO BETTER PROTECT
TOWN WATERBODIES
RESOLUTION NO.: ,2019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2019 to amend its Zoning Law and Map to make certain changes to its waterfront residential
zones in an effort to improve its land management practices to better protect the Town's
waterbodies and water quality, and
WHEREAS, before the Town Board may amend its Zoning Law and Map, it must hold a
public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule
Law and the Town of Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer
the proposed Zoning Law amendments and obtain a recommendation from the Warren County
Planning Department before enacting the legislation, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the
proposed Zoning Law amendments prior to adoption, and
C �
WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582
of Agency regulations, and
WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this
Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board formally authorizes and directs the Town
Clerk or Town Director of Planning, Zoning and Code Compliance to forward copies of the
proposed Zoning Law Amendments and proposed revised Zoning Map to the Adirondack Park
Agency for its review and approval in accordance with Article 27 of the Executive Law, §807, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or
Director of Planning, Zoning and Code Enforcement to forward copies of the proposed Zoning Law
Amendments and proposed revised Zoning Map to the Warren County Planning Department for its
review and recommendation, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, May 6th, 2019
to hear all interested persons concerning proposed Local Law No.: of 2019 which provides for
certain amendments of the Town of Queensbury's Zoning Law and Zoning Map, and
BE IT FURTHER,
2
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of
Public Hearing on the Town's website and public bulletin board at least 10 days before the date of
the Public Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send
the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any
public officials, agencies, municipalities or individuals, in accordance with New York State Town
Law §265 and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or
Town Director of Planning, Zoning and Code Compliance to take such other actions and give such
other notices as may be necessary in preparation for the Public Hearing and for the Town Board to
lawfully adopt proposed Local Law No.: of 2019.
Duly adopted this 15th day of April, 2019,by the following vote:
AYES :
NOES :
ABSENT:
3
Chapter 179—Zoning—Waterfront Residential Changes—5-6-19
LOCAL LAW NO.: OF 2019
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO MAKE CERTAIN CHANGES TO
WATERFRONT RESIDENTIAL ZONES
TO BETTER PROTECT TOWN WATERBODIES
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY AS FOLLOWS:
Section 1. Intent; Authority— The Town Board wishes to amend its Zoning Code in an
effort to improve its land management practices to better protect the Town's waterbodies and
water quality. This Local Law is adopted in accordance with New York State Municipal Home
Rule Law.
Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code
entitled, "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as
follows:
A. Section 179-2-010 entitled, "Definitions and word usage" is amended as follows:
MARINA, CLASS B As defined in the regulations of the Lake George Park Commission, and
subject to amendment by the Lake George Park Commission from time to time. As of February
15, 2008, a Class B marina was defined by the Lake George Park Commission as any dock,
wharf or mooring made available for use by any person as a berthing place for one motorized
vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the
property, regardless of remuneration or profit, except:
(1) The use of residential or association docks, wharfs or moorings by the owner of the
Note: Language in bold italics is new language to be added;
facility property, the owner's family or the owner's gratuitous guest, or such use by a
person as part of the single-family residential rental of a residence or a residential unit
which includes the use of a dock, wharf or mooring;
(2) Docks or wharfs used as an accessory use to a hotel, motel, inn, housekeeping
cottage, campground or recreational vehicle park, used exclusively by registered
guests;
(3) Docks, wharfs, and moorings used as an accessory use to a restaurant, used
exclusively by patrons while dining at such restaurant; and
(4) Docks, wharfs and moorings used exclusively by persons engaged in the sale of
fishing products or the sale and service of SCUBA products.
B. Section 179-3-040 entitled, "Establishment of zoning districts," Subsection (A)(5)(a) is
amended as follows:
(5) Waterfront residential. The purpose of the Waterfront Residential (WR) District is to
protect the delicate ecological balance of the Town's lakes and the Hudson River as
well as to enhance the aesthetics of waterfront areas while providing adequate
opportunities for development. This area of the Town is described in the
"Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007, and
formerly consisted of WR-3A and WR-1A Zoning Districts set forth in the Town's
2002 Zoning Law.
(a) Uses allowed. This district allows single-family residences, boathouses and
hunting and fishing cabins (of less than 500 square feet) as permitted uses
(requiring only a zoning permit) and allows and commercial boat sales,
servicing and storage uses by special use permit. Class A marinas are
permitted by special use permit on all Waterfront Residential properties except
for those with shoreline on Glen Lake, Sunnyside Lake and Dream Lake.
Class B marinas are permitted on all Waterfront Residential properties. A
Note: Language in bold italics is new language to be added;
complete list of uses allowed in this district is set forth on Table 2 of this
chapter.
C. Section 179-4-010 entitled, "Residential design requirements," is amended to delete
Subsection (G)(4)(c)[6] as follows (and accordingly renumber the remaining subsections upon its
deletion):
r6] Within i c feet exte„ding inl ra f or, all r nts along+hem „ high water
mark, no vegetation may be removed. This area shall be maintained as an
undisturbed natural buffer strip. This distance shall be measured in the
following manner:
[a] Lake George: perpendicular and horizontal from the mean high
water mark and inland.
[b] Other water bodies: 35 feet perpendicular and horizontal from the
shoreline and inland. [Amended 1 28 2011 by L.L. No. 2 2011]
D. Section 179-6-050 entitled, "Shoreline regulations," is amended at Subsection (B)(1)(a)
and (B)(1)(b) as follows:
B. Regulations. In the case of the shorelines of all lakes, ponds, streams, or wetlands and the
shoreline of the Hudson River, the following restrictions shall apply:
(1) Cutting restrictions. The removal of vegetation, including trees, shall be permitted on
shorefront lots, provided that the following standards are met:
(a) Within 35 feet extending inland from all points along the mean high-water mark
or shoreline of all lakes and ponds and within 75 feet of all DEC classified
streams, regulated wetlands and rivers, no woody vegetation greater than 1
inch in dbh may be removed. This area shall be maintained as an undisturbed
natural buffer strip.
Note: Language in bold italics is new language to be added;
(b) The general exception to this standard shall be an allowance for lake water
access and beaches. The creation of a contiguous clear-cut opening in the buffer
strip shall not exceed 30% of the shoreline frontage on any individual lot or a
maximum of 75 linear feet, whichever is less. The clearcut shall be sited on the
lot (such as angled across the lot) so as to allow for a view and access, but also
to reduce runoff. The pathway created shall be constructed or surfaced at a
width of no more than 10 feet and in a manner to be effective in controlling
erosion. The ground cover planting requirements of 179-8-040, B shall still
be applicable in this area.
E. Section 179-6-065 entitled, "Construction within a Critical Environmental Area," is
hereby added as follows:
§179-6-065. Construction within a Critical Environmental Area
A. Site plan review required
(1) In any Critical Environmental Area, site plan review shall be required for the
following:
(a) Any construction including new buildings and additions to existing buildings
that results in the creation of or increase in floor area.
F. Section 179-8-040 entitled, "Shoreline buffers," Subsection B, "Buffer requirements" is
amended as follows:
§ 179-8-040. Shoreline buffers.
B. Buffer requirements.
(1) Minimum width. Where no vegetative buffer exists, one shall be created with an
effective horizontal width measurement from the shoreline as follows: ( if a
Note: Language in bold italics is new language to be added;
roadway- private or public - is located within the required buffer area such
roadway area shall not be used in the buffer calculation and the remaining,
necessary buffer area shall be created on the other side of the roadway) with a
width of at least a fifteen foot perpendicular horizontal measurement from the
shoreline.
(a) 20 feet for properties on Glen Lake, Sunnyside Lake, Dream Lake and Round
Pond
(b) 35 feet for properties on Lake George and the Hudson River and all DEC
classified streams and all regulated wetlands
Existing buffers are subject to the requirements of§ 179-6-050B.
(2) Buffer composition and density.
(The density calculation for large tree and smaller tree/large shrub canopy will
include clearing area.):
[1] One large tree, minimum three inch diameter at breast height.
[2] One smaller tree or large shrub.
50 linear f et (incl„ding clearing ). ller tree shr b
(c) For every 100 square feet of ground-eover--bu - allowed clog areas are
exempt): 10 herbaceous plants. Ground cover density minimums may have to be
altered to d to largo trees and/o,.e sting, etation
(d) Use of existing natural vegetation is generally preferred.
(2) Buffer composition and density. (The allowed clearing area provided for in 179-6-
050 shall be included in the density calculation however, such area is exempt from
Note: Language in bold italics is new language to be added;
the large tree planting requirement only. All required shrubs and herbaceous
plants shall be installed)
(a) For every 700 square feet of shoreline buffer:
[1] One large tree, minimum three-inch diameter at breast height.
(b) For every 350 square feet of ground cover buffer:
[11 7—24"native shrubs from approved species list 179-8-040 C
[2] 14 herbacious plants from approved species list 179-8-040 C.
SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Attachment 2:1 entitled,
"Table 2: Summary of Allowed Uses in Residential Districts," is hereby amended to exclude Class
A marinas on Glen Lake, Sunnyside Lake and Dream Lake.
SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence,paragraph or part thereof.
SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local Law are hereby repealed.
SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York Municipal Home Rule Law§27.
Note: Language in bold italics is new language to be added;
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NOTICES\Chapter 179 Zoning—Waterfront Residential Changes—NOTICE-5-6-19
NOTICE OF PUBLIC HEARING
IN ACCORDANCE WITH A RESOLUTION OF THE QUEENSBURY TOWN BOARD
DULY ADOPTED ON MONDAY, APRIL 15TH, 2019, NOTICE IS HEREBY GIVEN THAT
THE TOWN BOARD WILL CONDUCT A PUBLIC HEARING ON MONDAY, MAY 6TH, 2019
AT 7:00 P.M. IN THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD,
QUEENSBURY, NY 12804, AT WHICH HEARING THE TOWN BOARD SHALL HEAR ALL
INTERESTED PARTIES CONCERNING PROPOSED LOCAL LAW NO.: OF 2019 WHICH
WOULD AMEND CHAPTER 179 "ZONING" OF THE QUEENSBURY TOWN CODE TO
MAKE CERTAIN CHANGES TO WATERFRONT RESIDENTIAL ZONES TO BETTER
PROTECT THE TOWN OF QUEENSBURY'S WATERBODIES AND WATER QUALITY.
THE PROPOSED LOCAL LAW WOULD BE ADOPTED IN ACCORDANCE WITH THE
NEW YORK STATE MUNICIPAL HOME RULE LAW.
COPIES OF PROPOSED LOCAL LAW NO.: OF 2019 WILL BE AVAILABLE FOR
PUBLIC REVIEW AND INSPECTION AT THE OFFICE OF THE QUEENSBURY TOWN
CLERK, 742 BAY ROAD, QUEENSBURY, NY DURING REGULAR BUSINESS HOURS.
FOR FURTHER INFORMATION, PLEASE CALL THE TOWN CLERK'S OFFICE AT (518)
761-8234 OR VISIT THE CLERK'S OFFICE DURING BUSINESS HOURS.
ANYONE WISHING TO COMMENT ON THE PROPOSED LOCAL LAW MAY DO
SO EITHER PERSONALLY OR BY AUTHORIZING A REPRESENTATIVE TO
COMMENT. COMMENTS CAN BE MADE VERBALLY AT THE PUBLIC HEARING.
COMMENTS MAY ALSO BE SUBMITTED IN WRITING, EITHER AT THE PUBLIC
HEARING OR VIA UNITED STATES MAIL ADDRESSED TO: QUEENSBURY TOWN
BOARD, 742 BAY ROAD, QUEENSBURY, NY 12804, OR VIA E-MAIL TO
CARO LINEB @ QUEEN S B URY.NET.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: APRIL ,2019
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY