LL 02 Subdivsion of Land Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET,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.
IBC of--Queensbury
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Town
maw
Local Law No.------2--__------------------------- of the year 2&Q?_
A local law--- --- amend Chapter_A183_"Subdivision-of--Land 1 of Queensbury Town Code
(uI ram)
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Town Board
Beit enacted by the ---------------=------------------------------------------------------------------------- of the
(N—OfLet:d rvaed,)
Iof------gueensbury------------------------------------------------------------------- as follows:
Town
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SECTION 1. Section A183-15 of Chapter A183 of the Queensbury Town Code entitled
"Requirements," is hereby amended by adding new subsection(C)(3)as follows:
C. Signing.
(1) Street signs shall be installed as soon after beginning of construction of the
road as possible to ensure proper inspection and for identification by
emergency vehicles,especially fire trucks and ambulances.
(2) Prior to constructing any buildings, each lot shall have posted, visible
from the public road, the lot and block number to ensure proper inspection
and identification for emergency vehicles, especially fire trucks and
ambulances.
(3) Street signs shall conform to Town Highway Department specifications
and must be approved by the Highway Department prior to purchase.
SECTION 2. Section A183-15(D) of Chapter. A183 of the Queensbury Town Code is
hereby amended as follows:
D. Review by Town officials. The Director of Building and Code Enforcement shall
act as agent to the Planning Board for the purpose of assuring the satisfactory
(If additional space is needed,attach pages/the same size as this sheet,and number each.)
DOS-239(Rev.11/99) (1�
completion of improvements required by the Planning Board and shall determine
an amount sufficient to defray costs of inspection. Each phase of road
construction, including but not limited to water, sewer and drainage, must be
inspected by the appropriate department and each phase must be inspected and
approved by the appropriate department head before commencement of any
subsequent phases. At least one (1) day's notice must be provided prior to
inspection. The applicant shall pay the Town's costs of inspection before the
subdivision plat is signed for filing as set forth in fee schedules determined by the
department head and authorized and approved by the Town Board. The
department head is authorized to contract for professional inspections and shall be
reimbursed by applicant. All payments must be made prior to the Town Board's
consideration of dedication. If the Planning Board or the Zoning Administrator
finds, upon inspection, that any of the required improvements have not been
constructed in accordance with Planning Board recommendations or the approved
construction plans or details, the applicant and the bonding company, if any, will
be severally and jointly liable for the costs of completing such improvements
according to specifications.
SECTION 3. Section A183-15(F)(1) of Chapter A183 of the Queensbury Town Code is
hereby amended as follows:
(1) Within thirty (30) days after completion of construction set forth in the
plans and specifications for the plat, and not less than twenty-one (21)
days prior to submission to the Town Board for acceptance of dedication,
the professionals designing the same shall furnish to the Planning Board a
certification to the Town of Queensbury that the construction, installation
and/or work was performed in accordance with the plans or specifications
approved by the Planning Board.
SECTION 4. Section A183-15(F)(3) of Chapter A183 of the Queensbury Town Code is
hereby deleted.
SECTION 5. Section A183-15(I) of Chapter A183 of the Queensbury Town Code is
hereby amended as follows:
I. Record drawings. Prior to release of any funds in escrow or moneys or
commitments held by the Town to the subdivider, approved record drawings
conforming to construction records shall be submitted to the Town Planning
Office. Such drawings shall be reviewed, approved and signed-off by the
Highway Department (drainage), Water Department (for water) Wastewater
Department (for sewer)and the Zoning Administrator.
SECTION 6. Section A183-16 of Chapter A183 of the Queensbury Town Code entitled
"Procedures," is hereby amended at Section A as follows:
(2)
A. Preconstruction conference. Once the subdivision plat has been filed and prior to
any clearing, demolition or excavation on the subdivision site, the subdivider or
his authorized agent shall meet with the Town officials to discuss Town
requirements, scheduling, inspection procedures and other issues pertinent to the
construction phase of the subdivision as set forth in this Article. The Director of
Building and Code Enforcement (or Zoning Administrator) shall coordinate such
pre-construction conferences.
SECTION 7. Section A183-16(C) of Chapter A183 of the Queensbury Town Code is
hereby amended and subsections renumbered as follows:
C. Public streets, sanitary sewer infrastructure,parks and recreation uses.
(1) Public acceptance of streets. The approval by the Planning Board of a
subdivision plat shall not constitute an acceptance by the Town of a street
or road in accordance with Article VIII, Design Standards, and other Town
standards related to the construction of roads and highways. Before the
Town accepts the street or road, the Town Highway Superintendent shall
review such road or street and make recommendations to the Town Board
for acceptance.
(2) Public acceptance of sanitary sewer infrastructure. The approval by the
Planning Board of a subdivision plat shall not constitute an acceptance by
the Town of sanitary sewer infrastructure in accordance with Article VIII,
Design Standards, and other town standards related to the construction of
sanitary sewer infrastructure. Before the Town accepts the sanitary sewer
infrastructure, the Town Wastewater Superintendent shall review such
infrastructure and make recommendations to the Town Board for
acceptance.
(3) Ownership and maintenance of parks and recreation areas. When a park,
playground or other recreation area or open space shall have been shown
on a plat, the approval of the plat shall not constitute an acceptance by the
town of such area. The Planning Board shall require the plat to be
endorsed with appropriate notes to this effect. The Planning Board may
also require the filing of a declaration of dedication for any such area
which shall dedicate that area for the common use approved by the Town
Board, which declaration shall be recorded in the Warren County Clerk's
office at the developer's expense. Such common area shall be assessed
from the time of filing of the approved subdivision plat to all parcels in the
plat benefiting therefrom.
(4) Title insurance and fees. A title insurance policy shall be required for all
lands to be dedicated to the Town. The subdivider shall be required to pay
any and all deed recording fees and taxes required for the transfer of
property.
(3)
(5) See Article VII, Public Streets, Sanitary Sewer Infrastructure, Parks, Open
Spaces and Natural Features, for requirements and procedures in making
an offer of dedication of required improvements.
SECTION 8. Article VII of Chapter A183 of the Queensbury Town Code presently
entitled "Public Streets,Parks,Open Spaces and Natural Features,"is hereby amended as follows:
ARTICLE VII. Public Streets, Sanitary Sewer Infrastructure, Parks, Open Spaces and Natural
Features
SECTION 9. Section A183-17 of Chapter A183 of the Queensbury Town Code entitled
"Streets"is hereby amended and subsections renumbered as follows:
§ A183-17. Streets.
A. The Zoning Ordinance of the Town of Queensbury provides that no
building permit shall be issued for any lot or parcel of land that does not
front on town-accepted roadway. The Town Board shall not accept any
roadway shown on an approved subdivision plat except when the same is
built per the specifications, as determined by the Highway Superintendent.
However, where the subdivider has constructed a roadway, including the
binder, per the specifications hereof, except for application of surfacing
materials, the Town Board may accept the offer of dedication if the
subdivider files with the Town Comptroller a cashier's check covering the
cost of satisfactorily completing construction of the subject road along
with an Escrow Agreement in a form acceptable to the Town. Such
cashier's check shall be deposited by the Town Fiscal Officer in an interest
bearing account. Notwithstanding the above, in extraordinary
circumstances, upon the recommendation of the Town Comptroller and
Town Board approval, a letter of credit may be used.
B. The Town Board shall, in considering an offer of dedication of roadway,
have the right to reject the same if all other municipal improvements
concerning the lots fronting on said roadway are not also complete or also
for reasons of public safety.
C. In making an offer of dedication of a roadway, the subdivider shall submit
the following documents to Town Counsel not less than seven (7) days
prior to the meeting of the Town Board at which such offer is to be
considered:
(1) A policy of title insurance acceptable to Town Counsel insuring
the fee interest of such roadway to the Town of Queensbury in an
amount not less than thirty-five thousand dollars ($35,000) as
determined by the Highway Superintendent.
(4)
(2) A copy of a survey of the proposed roadway certified to the Town
of Queensbury by the professional preparing the same.
(3) Continued tax search of the subject premises.
(4) Written review of the Highway Superintendent.
(5) Written review of the Water Superintendent.
(6) Written review of the Deputy Director of Wastewater, if
applicable.
(7) Written review of the Zoning Administrator.
(8) If the grantee is a corporation, a franchise tax search or report,
certificate of good standing and corporate Resolution authorizing
the road dedication.
(9) Completed Environmental Assessment Form, if necessary.
(10) Completed real property forms — Combined Real Estate Transfer
Tax Return and Credit Line Mortgage Certificate (TP-584) and
Real Property Transfer Report(RP-5217).
(11) Releases, if necessary, from mortgages, encumbrances, etc. and/or
other documentation deemed necessary by Town Counsel, to
protect the town's title to the property.
(12) Original, fully executed Deed. The subdivider shall record the
Deed and any other related documents with the Warren County
Clerk and pay all associated recording and title insurance fees.
(13) If surfacing material has not been applied, then (i) a cashier's
check, in an amount recommended by the Town Highway
Superintendent, to cover the cost of satisfactorily completing
construction of such roadway, (ii) a signed Escrow Agreement and
(iii) an affidavit signed by the subdivider agreeing to complete
surfacing of the roadway by a particular date within two (2) years
of acceptance of the dedication or after the base course has been
installed and at least two-thirds (2/3) of the lots in the subdivision
or phase are built upon, whichever is earlier. Said subdivider shall
bear the expense of any paving cost overruns if the cashier's check
on deposit with the Town, with accrued interest, is insufficient. If
any amount of money remains after surfacing is satisfactorily
completed, the Town shall refund such money, plus accrued
interest, to the subdivider.
(5)
(14) Such other documents as may be requested by the Town Highway
Superintendent.
D. No offer of dedication of a roadway shall be considered by the Town
Board until the entire area to be dedicated to the Town is clear of any and
all construction material, fill, equipment and other obstructions. No items
whatsoever may be placed within the area dedicated to the Town
following acceptance of such dedication.
E. In making an offer of dedication of sanitary sewer infrastructure, the
subdivider shall submit the following documents to the Town Deputy
Director of Wastewater not less than twenty-one (21) days prior to the
meeting of the Town Board at which such dedication is to be considered:
(1) A copy of the engineer-certified sewer main air test.
(2) A copy of all videotapes and field logs of the CCTV internal pipe
inspections.
(3) Set of "As-Built Plans" with pipe profiles, lateral ties, manhole
inverts, manhole pipe "in" and "out" inverts, easements, etc.,
certified by a New York State licensed engineer.
(4) Set of pump station equipment manuals.
(5) Signed easements and/or deeds for all sanitary sewer infrastructure
along with proof of title acceptable to Town Counsel. (These must
also be submitted to Town Counsel at such time).
(6) Such other documents as may be requested by the Town Deputy
Director of Wastewater.
Once this information is received, the Wastewater Department will
schedule a site inspection. All "punch list' items must be addressed at
least ten (10) days prior to the Town Board meeting at which the
dedication will be considered.
SECTION 10.Article VIII of Chapter A183 of the Queensbury Town Code entitled "Introduction,"
Section A183-23 entitled "Layout of streets and roads" is hereby amended by adding a new
subsection(M)as follows:
M. Road Surfacing. Surfacing materials must be applied in the following
manner:
(1) Type 3 Binder coat may be applied only when the ground surface
is at least 40 degrees.
(6)
(2) Type 6 Top Coat may not be applied after October 201h
These requirements may be waived if, in the sole determination of the
Town Highway Superintendent, unusual weather conditions make such
requirements unnecessary.
SECTION 11. 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 12. 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 13. This Local Law shall take effect upon publication as required by Section
265 of the New York State Town Law and filing in the office of the New York State Secretary of
State.
(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. ___ 2_____________________________ of 20?__
of the(iM%)-�Q%(Town)(MfiX of--Q sb Veenury-__-_______ was duly passed by the
-----------------------------------------------
----Iawn_Baard---------------------------- onAUil__15th- 20=02,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 20------
ofthe(County)(City)(Town)(vllage)of_________________________________________________________________ was duly passed by the
----------------------------------------------- on ------------------ 20 ---,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the__________________________________________________ and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer*)
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 20------
ofthe(County)(City)(Town)(Yllage)of_________________________________________________________________ was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the------------------------------------------------- on------------------- 20---- . Such local law was submitted
(Elective Chief Executive Officer*)
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__________________ 20.___ ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting.
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 20--__-_
of the(County)(City)(Town)(Village)of_________________________________________________________________ was duly passed by the
___________________________________________________ on------------------ 20__-_,and was(approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the__________________________________________________ on------------------ 20--- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of__________________ 20.___ ,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 chairperson 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. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No- ----------------------------------- of 20------
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------------------- 20----,
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 20------
of the County of---------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November---------------------- 20----,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 cit-
ies of said county as a unit and 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 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 in-
dicated in paragraph----1-------above.
Clerk of the County legislative body,City,Town or Village cledo
or officer designated by local legislative body
(Seal) Date: Argil 24th, 2002
(Certification to be executed by County Attorney,Corporation Counsel,Tbwn Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF 440W
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 reto. IIAA
Signature ROB HAFTTER
Town Counsel
Title
of Queensbury
TownXMW
Date: April 25, 2002
d
3
STATE OF NEW YORK
DEPARTMENT OF STATE
4 1 STATE STREET
ALBANY, NY 1 223 1-000 1
GEORGE E. PATAKI RANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
May 2 , 2002
Darleen M Dougher
TOWN OF QUEENSBURY
742 BAY ROAD
QUEENSBURY, NY 12804
RE : Town of Queensbury, Local Law 2, 2002 , filed 04/26/2002
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request .
Sincerely,
UA,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2 755
WWW DOS STATE NY US • E-MAIL INFO@)DOS STATE NY US
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