LL 07 Moratorium Construction Communication Towers ---I
I
FAX TRANSMITTAL SHEET
TO WN OF Q UEENSB UR Y
TOWN CLERK/,RECEIVER OF TAXES
742 BAY ROAD, Q UEENSB UR Y, N. Y. 12804
PHONE NUMBER 518 761-8234
FAX NUMBER 518 745-4474
SENT B Y: TOWN CLERK
RECEIVER OF TAXES
DATE: / / 97
DELIVER TO: _�-�.--
FAX NUMBER:
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COMMENTS:
NEW YORK STATE DEPARTMENT OF STATE
Lcical 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.
6ik
CILYX Queensbury
Townof ........................................................................................................................
Local Law No. ..................................................... of the year 19 ........
OF THE TOWN OF QUEENSBURY ESTABLISHING A TEMPORARY MORATORIUM ON
Alocal law ...........................................................................................................................................................................
(Insert Title) CONSTRUCTION OF COMMUNICATION TOWERS
TOWN BOARD
Beit enacted by the ................. ........................................................................................................................of the
(Name of Legislative Body)
CUIXY
XCM of QUEENSBURY as follows:
Town .............................................................................................................
SECTION 1 . Purpose.
The purpose of this Local Law is the protection of the general
welfare, health, safety and well-being of the persons and property
of the Town of Queensbury. The Town Board hereby finds that the
construction of communication towers fifty feet (50 ' ) or more in
height.presents unique problems relating to zoning and planning and
that such structures and towers may adversely affect the aesthetic
resources of the Town. This Local Law will protect the general
welfare, health, safety and well-being of the persons and property
of the Town and the integrity of the Town Master Plan and Zoning
Ordinance by temporarily prohibiting the construction of any
communication towers fifty feet (50) ' or more in height pending the
Town' s review and possible revision of the Master Plan and Zoning
Ordinance regarding such towers . This Local Law is adopted
pursuant to §10 of the Municipal Home Rule Law and Article 16 of
the Town Law.
SECTION 2 .
After the effective date of this Local Law, no Town official,
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 7/90)
department or board may accept, review, or approve any applications
for the review or construction of any communication tower fifty
feet (501 ) or more in height nor may any such tower be constructed
in the Town during the effective period of this Law unless such
tower has already previously received site plan approval from the
Town Planning Board as of this date. This restriction shall not
apply to amateur radio towers as regulated by the Federal
Communications Commission.
SECTION 3 . Severability.
If any part of this Local Law shall be declared invalid by a
Court of competent jurisdiction, such declaration shall not affect
or impair in any way any other provision and all other provisions
shall remain in full force and effect.
SECTION 4. Effective Period.
This Local Law shall take effect immediately upon filing in
the Office of the New York Secretary of State as provided in §27 of
the Municipal Home Rule Law and shall expire one-hundred eighty
( 180) days after its effective date.
(2 )
.---� -- ---- -------_—••_� •-- .... F-fiAAFAS uIa& 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 de �' nated as local law No. 7, of 19 96
of the (_ Town)(Y}� of QUEEI�SB KY was dui
TOWN on Op 19 y passed by the
' _, in accordance with the applicable provisions of law.
(Name of LegislativeBody)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officere.)
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_,
echve hie
xecutive f icer
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
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)
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 137 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 election held on ............
general
............19.........became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local taw 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 S 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 appropriate certifica-
tion.)
1 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..... ......above.
Clerk of the County legislative body,City,Town or Village CI k or
officer designated by local legislative body
Date: 1 J v_ t
(Seal)
(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 forego' &Signalurc
Kawr,�
c xt and that all
proper proceedings have been had or taken for the enact o.
................
...................................................
TOWN COUNSEL T111t
Date: fxx ....QUEENSBURY..............................
of
. 44
(4)
W
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
December 3, 1996
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 7, 1996, filed 11/26/96
The above referenced material was received and filed by this office as
indicated. Additional local lava -filing forms will be forwarded upon
request.
Please be advised only 1 original local law is required to be
filed in our office.
Sincerely,
C1,�tx-
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
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