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LL 12 Amend Chapter 136 Sewers and Sewage Disposal Local L d W 1 11111r, 162 WASHINGTON AVENUE, ALBANY, NY 1Z231 (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. XWAXW t2*X of gVEENSBURY Town .. . .. .. ..................................................................................... vmft1(X Local Law No. .........112...................................... of the year 1992.... . A local law•. ..To.Amend The Code Of The Town Of Queensbury, Chapter 136 thereof, entitled . .. ......................................................................................................................................... (Insert Title) 'Sewers and Sewage Disposol'; to amend and revise certain provisions thereof. Be it enacted by the .......Town Board ....... ..............................................................................................................of the (Name of Legislative Body) �GV411'2� aOyX of .......,•OUEENSB UR Y as follows: Town SECTION 1 . Chapter 136 of the Code of the Town of Queensbury, Article XXIII, Section 136-135, is hereby amended to read as follows : S 136-135. Statement of policy. There is hereby established a Sewer Rent Law, pursuant to Article 14-F of the General Municipal Law and the Municipal Home Rule Law of the State of New York in order to pay costs for the respective Sewer Districts identified herein, including: ' All costs for the operation, maintenance, repair of the sewer system hereinafter defined, and all other costs, including sums, if any, to be paid to the City of Glens Falls or others for sewage treatment. SECTION 2 . Chapter 136 of the Code of .the Town of Queensbury, Article XXIII, Section 136-136, is hereby amended to read as follows : 136-136 . Definitions . As used in this Part 5, the following terms shall mean and include: NONRESIDENTIAL PROPERTY - Includes a building, structure or land use designed and occupied for any commercial activity or business use. PART - Includes all lateral sewers or all branch sewers or all interceptor sewers or all trunk sewers and sewage treatment and disposal works and each part with necessary appurtenance, including sewage pumping stations . (If additional space Is needed. attach pages the same size as this sheet, and number each.) (1) DOS•239 (Rev. 7/90) x RESIDENTIAL PROPERTY - Includes a building, structure or land use designed and occupied exclusively as a human dwelling and upon and in which no commercial activity or business use is maintained, unless such activity or use is in compliance with Chapter 179, Zoning, as a home occupation. SEWAGE - Includes the water-carried human waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture with sewage, as above defined, of "industrial waste" or "other waste, " as hereafter defined, also shall be considered "sewage" within the meaning of this Part 5. A. INDUSTRIAL WASTE - Includes any liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources . B. OTHER WASTE - Includes garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, tar, dyestuff, acids, chemicals and other discarded matter not sewage or industrial waste. C. Provided, however, that none of the foregoing uses of the sewer system for the items as defined may be made unless in conformity with Part 3 of this chapter and all other applicable rules and regulations of the Town of Queensbury, County of Warren and State of New York. SEWER RENTS - As established by the Town Board of the Town of Queensbury for the respective Sewer District identified herein. SEWER SYSTEM - The sewer system owned and operated by each respective Sewer District, and includes all sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment and/or disposal of sewage, industrial wastes and other wastes, and which are owned, operated or maintained by the Sewer District, including pumping stations and sewage treatment and disposal works and all extensions, additions and improvements, which may be made to such system. Whenever the term sewer system is used herein, it shall refer to a particular Sewer District or all Sewer Districts as may be required by the context of the paragraph or section where the word appears . (2 ) SECTION 3 . Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, is hereby amended to modify certain fees, delete certain provisions, and delete Section 136-137B and to read as follows : S 136-137. Annual charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following Sewer Districts as set forth below: A. Annual charges pursuant to S 136-135(AJ hereof for the Central Queensbury\Quaker Road Sewer District: ( 1) For residential properties: fifty dollars ($50. ) annually for each residential unit, plus two dollars and seventy-five cents ($2 .75) per thousand gallons of water consumption in excess of fifty thousand (50,000) gallons per year as indicated by the current water meter readings billed on a quarterly basis . (2) For nonresidential properties : four dollars and seventy cents ($4 .70) per thousand gallons of water consumption as indicated by the current water meter readings billed on a quarterly basis . (3) For nonresidential properties that are not equipped with functioning meters, the following schedule of charges shall apply: (a) All properties except restaurants, taverns, bars or similar uses with one ( 1) rest room; two hundred thirty-five dollars ($235 . 00) , annually. (b) All properties except restaurants, taverns, bars or similar uses with two (2) or more rest rooms: four hundred seventy dollars ( $470 . 00) annually. (c) Properties with restaurants, taverns, bars or similar uses : seven hundred five dollars ($705 . 00) annually. SECTION 4 . Chapter 136 of the Code of the Town of Queensbury, Article XXV, Section 136-145, is hereby amended to read as follows : S 136-145. Penalty for nonpayment. (3) s If bills are not paid by the last business day of the calendar month when rendered, a penalty of ten percent ( 10%) shall be added to each billing not paid, except that there shall not be assessed a penalty on a penalty, until October 31 when said bills shall be turned over to Warren County for payment and assessed on taxes due the next year. SECTION 5 . This Local Law shall take effect January 1, 1993. Sections, fees, words or paragraphs repealed hereby are intended to be repealed only to the extent that the same shall not apply for sewer rents assessed against properties in the effected Districts after January 1, 1993 . Nothing herein shall be construed to waive fees, bills, or charges incurred by virtue of the repealed fees or charges prior to January 1, 1993 . ( 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. 12 of 19 92 of the (XXiXkAQCi.XTown)(JKMM)Xof Queensbury was duly passed by the on December 28, 1992 , in accordance with the applicable provisions of law. (Name of Legislative o 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 Legislative Body on 19 , and was (approved)(not disapproved)(repassed after - disapproval) by the and was deemed duly adopted on 19 active hie[ xecutive fficer — 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. ( 5 ) S. (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.) 1 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. 1 Clerk of the County legislative y,City, own or VillagaVUlerk or officer designated by local legilsative body (Seal) Date: December 29th, 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 Warren 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 annexed hereto. ignat re To-wn Attorney -Title )06xdtx XXX of Pueensbury Town ldit ilex Date: DerembaF 29 1992 — (6) w KtCORDS hUNICIPALTTY washington Avenue Albany, NY 12231-0001 LOCAL LAW(S) NO. YEAR FILING DATE DATE: 1/5/93 12 1992 12/31/92 Local Law Acknowledgment The above-referenced material was received (— DARLEEN M DOUGHER — and filed by this office as indicated. 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) _..,Mete items 1 and/or 2 for additional services. 0. I also wish to receive the • Complete items 3,and 4a&b. ` following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person deliver and the date of delivery. Consult postmaster for fee. 13. Article Addressed to: 4a. Article Number State Records & Low Bureau P 007 621 844 Deportment of State 4b. Service Type ❑ Registered ❑ Insured 16? Washington Avenue ® Certified ❑ COD Ablony, New York 12231 ❑ Express Mail ❑ Return Receipt for Merchandise 7. of Delivery 10 5. Sig a 8. Addressee's Ad s(Only if requested and fee is paid) 6. Signature (Agent) PS Form 3811, November 1M aU.S.GP0.1991- 287466 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE { s !+ Official Business PENALTY FOR PRIVAVE USE, $300 1 Print your name, address and ZIP Code here .a1, e�i�-lM:-t�ugher, Ta%urr�ferk Qu-eensbury Town Office Bldg 531 Bay Rood Queensbury, New York 12804 i JAN 0 1 9 81J1 4,7 7 F) The following material has been receivcad and will be processed for inclusion in your Code as supplemental pages (where applicable) : Local 1-aw No. 12-92 , Town of Uueensbm y C/O C ler k's office 531 Bay Road Queens- buiry, NY 12,8 0 1 Additional Services General Code Publishers' commitment to the maintenance of an organized 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. 1 • Indexing — Codes and Minutes. • Review and Updating of Land Use • Pamphlet Reprints of Code Chapters Legislation. Such as Zoning, Personnel Policies and • Distribution Services For Code Books Subdivision Regulations. and Supplements. • Sample Laws and Ordinance Drafting • Loose-leaf Supplement Services. j Services. • Codification of Traffic Regulations. 9 Expandable Loose-leaf Binders. Should you be interested in learning more about any of these services, please contact: GENERAL CODE PUBLISHERS 72 Hinchey Road CORP. Rochester, New York 14624 716/328-1810 • FAX: 328-8189 TOWN OF Q UEENS B UR Y 5 31 Bay at Haviland goad, Queensbury, NY 12804-9725 (518) 7 4 5-4 4 0 0 This Fax Number is 745-4474 TRANSMITTAL SHEET DELIVER TO: FAX NO: _ CLd 3I � 1 ��! o� xS` DATE: FROM: TOTAL PAGES (including this sheet) : 2— IF INCOMPLETE, PLEASE CALL (518) 745-4400 OPERATOR: COMMENTS r "HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE" SETTLED 1763 S: \USERS\PAMELA\NOTICES\ADOPTLL. 179 NOTICE OF ADOPTION OF AMENDMENT TO ZONING ORDINANCE NOTICE IS HEREBY GIVEN THAT IN ACCORDANCE WITH A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WHICH WAS DULY ADOPTED ON THE 23RD DAY OF NOVEMBER, 1992, A LOCAL LAW AMENDING THE TOWN ZONING ORDINANCE AS CODIFIED AND MADE A PART OF THE CODE OF THE TOWN OF QUEENSBURY, AND NOW REFERRED TO AS CHAPTER 179 THEREOF ENTITLED ZONING WAS ADOPTED, WHICH AMENDMENT AMENDED AND REVISED PROVISIONS OF THE ZONING ORDINANCE AS CODIFIED HERETO. A SUMMARY OF THE AMENDMENTS AND CORRESPONDING APPLICABLE SECTIONS OF THE CODE OF THE TOWN OF QUEENSBURY ARE OUTLINED AS FOLLOWS: $ 179-22 (D) - REGARDING PLAZA COMMERCIAL ZONES; S 179-23(D) - REGARDING HIGHWAY COMMERCIAL ZONES; S 179-25(D) - REGARDING NEIGHBORHOOD COMMERCIAL ZONES; § 179-26(D) - REGARDING LIGHT INDUSTRY ZONES; AND $ 179-27(D) - REGARDING HEAVY INDUSTRY ZONES; ARE REVISED TO CLARIFY THAT PERMITTED USES IN THE ZONES INCLUDE ACCESSORY USES; TO INDICATE THAT SITE PLAN REVIEW SHALL NOT BE REQUIRED FOR ALLOWED ACCESSORY USES, AND IN PLAZA COMMERCIAL ZONES, HIGHWAY COMMERCIAL ZONES, AND NEIGHBORHOOD COMMERCIAL ZONES THAT ACCESSORY USES SHALL ALSO INCLUDE CUSTOMARY ACCESSORY USES AND ACCESSORY USE STRUCTURES INCIDENTAL TO A PERMITTED USE OR AN EXISTING NON-CONFORMING RESIDENTIAL USE, AND IN LIGHT INDUSTRIAL ZONES AND HEAVY INDUSTRIAL ZONES, TO INDICATE THAT ACCESSORY USES SHALL ALSO INCLUDE ACCESSORY USE STRUCTURES INCIDENTAL TO PERMITTED USES OR AN EXISTING NON-CONFORMING RESIDENTIAL USE. THE AUTHORITY FOR THE AMENDED LOCAL LAW IS THE TOWN LAW AND THE MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK. FOR FURTHER INFORMATION REGARDING THE AMENDED LOCAL LAW OR TO OBTAIN COPIES OF THE SAME, OR TO INSPECT THE SAME, ALL INTERESTED PERSONS MAY CONTACT OR VISIT THE OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY, 531 BAY ROAD, TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, (518) 745-4420 . BY ORDER OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY. Dated: Jonuory 16. 1993 DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY 2 v** t#*oo 4 o cot MT VERIFICATION 01/14.."3 10: 25 DESTIHATION 979231311245 MODE SSTAtIDARD PAGE-'.':S F,E,5ljLT + # o:0.4 1 c+ 4 + o.. It GTA FA,:+—:-20 + c cc CA-4 )K- + +: *.4 4 +.+'+ 1 + +::hA + 4 XTIT ',EFIF I�--:AT I Of Cl 1,.'14/9'31 10:29 IK E ES:TI I T I Of J 9 K7'DI 3,11 45 A k. 13 3 'S TAf JE,-"RE) h, E C14 r. PE'DiLT Dk: + +A+.+ + C+ + +.+ r s:\users\pamela\notices\adoption. 179 NOTICE OF ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE NOTICE IS HEREBY GIVEN THAT IN ACCORDANCE WITH A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WHICH WAS DULY ADOPTED ON THE 23RD DAY OF NOVEMBER, A LOCAL LAW AMENDING THE TOWN ZONING ORDINANCE AS CODIFIED AND MADE A PART OF THE CODE OF THE TOWN OF QUEENSBURY, AND NOW REFERRED TO AS CHAPTER 179 THEREOF ENTITLED ZONING WAS ADOPTED, WHICH AMENDMENT AMENDED AND REVISED PROVISIONS OF THE ZONING ORDINANCE AS CODIFIED HERETO. A SUMMARY OF THE AMENDMENTS AND CORRESPONDING APPLICABLE SECTIONS OF THE CODE OF THE TOWN OF QUEENSBURY ARE OUTLINED AS FOLLOWS: S 179-7 - AMENDMENT TO REVISE THE DEFINITION OF ACCESSORY USE AND ADD A SPECIAL NOTE TO THE DEFINITIONS OF LOT, CORNER; YARD, FRONT; YARD, REAR; YARD, SIDE. S 179-12(c) (5) - AMENDMENT TO REQUIRE SUBDIVISION APPROVAL WHERE MORE THAN ONE PRINCIPAL BUILDING IS LOCATED ON A SINGLE LOT LESS THAN TWO ACRES. S 179-23, D ( 1) (A) - AMENDMENT TO HIGHWAY COMMERCIAL ZONE CRITERIA TO REQUIRE SITE PLAN REVIEW FOR PROJECTS REQUIRING NEW BUILDINGS OR FACILITIES NOT LOCATED WITHIN AN EXISTING BUILDING AND FOR PROJECTS IN THE ADIRONDACK PARK FOR REPLACEMENT OF A USE BY THE SAME USE AFTER 5 YEARS OR MORE OR FOR CERTAIN NEW USES REPLACING DIFFERENT USES IF SAID USES ARE OTHERWISE CONSIDERED CLASS B REGIONAL PROJECTS. S 179-30, C - AMENDMENT TO PROVIDE THAT TWO (2) TIMES THE LOT WIDTH ON COLLECTOR OR ARTERIAL ROADS WILL NOT BE REQUIRED IN CERTAIN INSTANCES. S 179-30. 1 - AMENDMENT TO ADD A NEW SECTION CONCERNING THE EFFECTS OF ZONING REQUIREMENTS ON LOTS BOUNDED BY TWO ROADS. 179-38(C) AND S 179-66 . 1 - AMENDMENT TO ADD THAT THE PLANNING BOARD SHALL DETERMINE, IN CERTAIN INSTANCES, WHETHER IT IS FEASIBLE TO LINK PARKING AREAS TO ALLOW FOR INTERNAL FLOW OF TRAFFIC AND TO CONSIDER INTERCONNECTION OF RETAIL AREAS TO ALLOW FOR PEDESTRIAN ACCESS AND CIRCULATION. S 179-76, S 179-77, AND S 179-78 CONCERNING EXCEPTIONS TO MINIMUM AREA REQUIREMENTS FOR LOTS LOCATED IN THE ADIRONDACK PARK, EXEMPTIONS FOR LOTS OF APPROVED SUBDIVISIONS, AND REVIEW OF PREEXISTING SUBDIVISIONS FOLLOWING EXEMPTION PERIOD, ARE ALL DELETED, AND A NEW SECTION S 179-76 CONCERNING GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS OF THE ORDINANCE HAS BEEN ADDED. S 179-88 - AMENDMENT TO DELETE THE CURRENT REQUIREMENTS FOR THE GRANTING OF USE AND AREA VARIANCE AND SUBSTITUTE THEREFORE CRITERIA OR REQUIREMENTS SET FORTH IN SECTIONS 267-A AND 267-B OF THE TOWN LAW OF THE STATE OF NEW YORK. S 179-91 - AMENDMENT TO DELETE AND REPEAL PARAGRAPHS A AND B OF SAID SECTION IN THEIR ENTIRETY AND TO ADD NEW PARAGRAPHS A, B AND C AND RENUMBER FORMER PARAGRAPH C TO D. SAID NEW PARAGRAPHS CONCERN PROCEDURE BEFORE THE ZONING BOARD AS ALLOWED OR REQUIRED BY TOWN LAW SECTIONS 267-A, B & C AND STATUS OF, NOTICE OF AND RIGHTS OF THE ADIRONDACK PARK AGENCY ON VARIANCE APPLICATIONS. S 179-98 - AMENDMENT TO CHANGE THE TIME AN APPLICANT HAS TO APPEAL A DECISION BY THE ZONING ADMINISTRATOR FROM THIRTY (30) DAYS TO SIXTY (60) DAYS OF SUCH DECISION OR ACTION. S 179-104 & 105 - AMENDMENT TO CHANGE THE REQUESTS OF "BUILDING" PERMITS TO "ZONING" PERMITS, AND TO ALLOW THE ZONING ADMINISTRATOR, RATHER THAN THE DIRECTOR OF BUILDING AND CODE ENFORCEMENT, TO ISSUE "ZONING" PERMITS, AND TO CHANGE SUBMITTAL REQUIREMENTS CONCERNING "ZONING" PERMITS, FORMERLY "BUILDING" PERMITS, AND TO DELETE PARAGRAPH 179-1-4(C) REGARDING PERMIT AND 2 CERTIFICATION. $ 179-106 - AMENDMENT TO DELETE AND REPEAL THIS SECTION ENTITLED, "CERTIFICATES OF OCCUPANCY" IN ITS ENTIRETY, AND TO MARK SECTION AS "RESERVED FOR FUTURE USE. " THE AUTHORITY FOR THE AMENDED LOCAL LAW IS THE TOWN LAW AND THE MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK. FOR FURTHER INFORMATION REGARDING THE AMENDED LOCAL LAW OR TO OBTAIN COPIES OF THE SAME, OR TO INSPECT THE SAME, ALL INTERESTED PERSONS MAY CONTACT OR VISIT THE OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY, 531 BAY ROAD, TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, (518) 745-4420. BY ORDER OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY. Dated: Jonuory 16, 1993 DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY 3 TOWN OF QUEENSB URY 5 31 Bay at Haviland Road, Queensbury, NY 12804-9725 (518) 7 4 5-4 4 0 0 This Fax Number is 745-4474 TRANSMITTAL SKEET DELIVER TO: i , C"+ FAX NO: Q,4/- )-�/)- DATE: FROM: C- TOTAL PAGES (including this sheet) : Z IF INCOMPLETE, PLEASE CALL (518) 745-4400 OPERATOR: COMMENTS f "HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE" SETTLED 1763 NEW YORK STATE DEPARTMENT OF STATE ocal Law Filing 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. Town of ...........Queencb.Lcry.................................................... Local Law No. ............. .................................. of the year 19 IT- A local law ..To Amend The.Code Ofj-..T9Wv?._O Queensbury,,,Chap .fir„JCQ..T.h..ef�.of.. n i.tled, (Insert Title) Transient Merchant, Peddlers and Solicitors Be it enacted by the ..........Town Board.......................................................................................................of the ........... (Name of Legislative Body) �Civx>Rky 'tf of .........Queensbury...................................... .......................as follows: Town YcRkmexx Section 1. Chapter 160 of the Code of the Town of Queensbury, Section 160- 5, Definitions, is hereby amended to amend the definition of transient merchant to read as follows: TRANSIENT MERCHANT - A person, corporation, partnership, association or any other organization who, for a period of less than six (6) consecutive months, engages in a business of selling and/or delivering goods, wares, merchandise and/or services and, in furtherance of such purpose, hires, leases, uses or otherwise occupies any building, structure, motor vehicle, including a truck or tractor trailer, car, boat, room or space in hotels, motels, lodging houses, apartments, shops, malls or parking lots within the Town of Queensbury for the exhibition and sale of such goods, wares, merchandise or services to the general public, either privately or at public auction. Section 2. Chapter 160 of the Code of the Town of Queensbury is hereby amended to add a new paragraph following paragraph C of Section 160-14, Exemptions, to be known as and lettered as paragraph D and to read as follows: D. 1 . Any person, corporation or other entity deemed a "transient merchant" or "market for transient merchants and/or solicitors" pursuant to the provisions of this chapter shall be relieved from compliance with the provisions of this chapter provided that said person, corporation or other entity engages in the retail business activities regulated by this chapter from within a commercial zone and from within a building owned and operated for retail business purposes by a person or business entity having an established place of business in the Town of Queensbury. (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS-239 (Rev. 7/90) 4 2. A person or business entity shall be deemed to have an established place of business in the Town of Queensbury if said person or business entity engages in business at a fixed location within the Town of Queensbury for a period of more than six (6) consecutive months. 3. The terms and provisions of this amendment shall take effect immediately upon filing of this Local Law with the Secretary of State in accordance with the terms and provisions of the General Municipal Law and any person, corporation or other entity, since January 1, 1991, deemed transient merchant or as having a market for transient merchants and/or solicitors, and having complied with the previous rules and regulations of the Town of Queensbury, shall be entitled to all rights, privileges and benefits of this amendment as if the same were effective as of January 1, 1991. t ( 2 ) 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. 12 of 19 91 of the (QAWy)(Qxi4y)(Town)(Yj of Queensbury was duly passed by the Town B on July 22nd 19 91 , in accordance with the applicable provisions of law. (Name of Legislative body) 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 LegislativeBody) on 19 , and was (approved)(not disapproved)(repassed after disapproval) by the and was deemed duly adopted on 19 active hie xecutive fficer 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 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 (man datory)(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. y 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 Legislative Body on 19_, and was (approved)(not disapproved)(repassed after' 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.. (Ciq local law concerning Charter revision proposed by petition.) I hhereby certify that the local law annexed hereto, designated as local law No. of 19i 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 taw 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 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. f_)II own or Clerk o the y or officer designated by local legilsative body Date: July 23, 1997 (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 hereto. ure Town Attorney Title CYbyx of 0_ueensbury Town xXl Date: July 23, 1991 (4) ._ � 1 i r ,itt 1 ,, E t t` f i ;4 �` {i t 1 l �i NYS DEPARTMENT OF STATE ' *` BUREAU OF STATE RECORDS MUNICIPALITY 162 Washington Avenue Albany, NY 12231-4001 Town of Queensbury LOCAL LAWS) NO. YEAR `FILING DAje DATE: 7/25/91 12 1991 7/24/91 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 QUEESSBURY NY 12804 forwarded upon request. ,,on) � ��c7yr 2%��� » ��Z, 08/01/91 - � The following material has been received and will be processed for | in lu ion in your Code as S pa plement l pages (whew applicable); LOCal Law No. 12-91 and an ordinance amending Town Dump Ordinance. Town of Qu ensb m3 C/O Clerk 's Office 531 Bay Road Queers, bur, NY 12804 �witional Services � Code Publishers' commitment to the maintenance of an organized body of law k 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. 0 Indexing — Codes and Minutes. • Review and Updating of Land Use • Pamphlet Reprints of Code Chapters Legislation. i Such as Zoning, Personnel Policies and • Distribution Services For Code Books 4 Subdivision Regulations. and Supplements. 4 • Sample Laws and Ordinance Drafting • Loose-leaf Supplement Services. Services. • Codification of Traffic Regulations. a • Expandable Loose-leaf Binders. ` Should you be interested in learning more about any of these services, please contact: i GENERAL i CODE PUBLISHERS 72 Hinchey Road CORP. Rochester, New York 14624 716,328-181() • FAX: 328-8189 UNITEd STATES POSTAL SERVICE ( I (( OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and 21P Gods (n the specs below. • Complete Items 1,2,3,and 4 on the Maras. tLS.MAIL • Attach to front of article If space �O Permits, otherwise affix to back of article' PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, d300 Requested"adjacent to number. RETURN Print Sender's name, address,and ZIP Code in the space below. TO Darleen Al. rougher. Town Clerk Queensbury Town Office Building 531 Bay Road Queensbury, New York 12804 _ —fiai services are desired, and complete items .,,vv 10"Space on the reverse side. Failure to do this will prevent this card co you.The return recei t fee will rovide ou the name of the erson delivered to and a.e of delivery. For ad �tiona ees t e oI owing services are ava�lab e. onsuit postmaster tor Ta,es and check ox(es or additional services!requested. 1. ❑ Show to whom delivered, date,and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number State Records & Law Bureau P 406 833 534 Dept. Of State Type of Service: ❑ Registered ❑ Insured 162 Washington Avenue Q Certified ❑ COD Albany, New York 12231 El Express Mail ❑ Re Merchanippdise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY7f X requested and fee paid) t & Signature — Agent i 7. Date of D 1( ._, �,„ `2 4,1791 PS Farm 381 Y,-Apr. 1989 •U.S.G.P.O.1989-238.815 DOMESTIC RETURN RECEIPT 0