LL 06 Outdoor Furnace Moratorium i
STATE OF NEW YORK
DEPARTMENT OF STATE
4 1 STATE STREET
ALBANY, NY 1 223 1-000 1
GEORGE E. PATAKI Q
RANDY A.,�DANIELS
GOVERNOR January 9, 2004 SEGRETARY"05 STATE
H
r
Darleen M Dougher, Town Clerk
Town of Queensbury H
Town Office Bldg. 742 Bay Rd. o
Queensbury, NY 12804 0
RE: Town of Queensbury, Local Law 5 & 6 , 2003, filed on 12/18/2003
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
WWW.DOS.STATE.NY.US • E-MAIL: INFO@DOS.STATE.NY.US
REGYC-D PAPER
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET;ALBANY,NY IMI
(Use this form to file a local law with the Secretary of State.)
lbxt of law should be given as amended. I)o not include matter being eliminated and do not use
italics or underlining to indicate new matter.
xW QUEENSBURY
of-----------------------------------------------------------------------------------------
Tow .
Local Law No.---------------6'------------------ of the year 20_2
TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 119 ENTITLED"
A local law- -
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WMT 4
OUTDOOR FURNACE MORATORIUM"
' 3
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Be Itenacted*by the ------------------ TOWN BOARD--------------------------------------------------------------- of the
X Of ---------------QUEENSBURY as follows:
lbwn
SECTION 1. Title and Authority_
The Queensbury Town Code is hereby amended by adding a new Chapter 119 entitled
"Outdoor Furnace Moratorium." This Local Law is adopted in accordance with Municipal Home
Rule Law§10 and shall be as follows:
Outdoor furnaces are not currently subject to regulation in the Town. However, several
unregulated outdoor furnaces are currently in use in the Town and installation of additional
outdoor furnaces is anticipated. Concerns have been raised regarding the safety and
environmental effects of these heating devices, particularly the production of offensive odors.
The Town has significant concerns regarding the potential impacts of unregulated outdoor
furnaces and believes that this moratorium is necessary in order to allow the Town Board time to
investigate the relevant issues and adopt a Local Law regulating outdoor furnaces.
§119-2 Definitions_ "ap
"Outdoor furnace" shall mean a heating system which burns wood and/or other
combustible material in a furnace located outside of the premises being heated.
(If additional space is needed,attach pages the same size as this sheet,and number,each.)
DOS 239(Rev.11/99) �1�
§119-3 Moratorinm.
The Town of Queensbury hereby imposes a moratorium on the use of any new outdoor
furnace for a period of one hundred eighty (180) days after the effective date of this Local Law.
This moratorium shall apply to any outdoor furnace which is not in operation prior to the
effective date of this Local Law.
§119-4 Extensinnc_
This moratorium may be extended for such additional periods as the Town Board may
determine to be necessary to protect the public health, safety and welfare to the citizens of the
Town of Queensbury.
§119-5 Termination,
This moratorium shall be terminated earlier than the one hundred eighty (180) day period
upon enactment of any local legislation which constitutes a new Local Law governing the use of
outdoor furnaces in the Town of Queensbury.
SECTION 2. Sev�hilite.
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 3. Re en .aler.
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 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 Municipal Home Rule Law §27 or as otherwise provided by
law.
(2)
r .
(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 20------03
of the J1 D6X� f( Town)()j� . of--------------------CLU- ICI HUBY----------------------------- was duly passed by the
____-_-_JJ''0.WR_RQA1LA_______________________ on--12/15�----- 20__W in accordance with the applicable provisions of law.
(Name of Legislative Bar)
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__.__
of the(CountyXCity)(Town)(Vdlage)of----------------------------------------------------------------- was duly passed by the
----------------------------------------------- on------------------ 20-,-,and was(approvedXnot approvedxrepassed after
(Name af Leaisladve Body)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=-----=--- 20----,
(Ekcave CWExec"-Of—')
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(CountyXCity)(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 submitted
(Elective Chief Exeatave Offl—*)
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(generalXspecialXannual).election held on------------------ 24--.. ,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 Iocal law No. ___________________________________ of 20------
of the(CountyXCity)(Ibwn)(Village)of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(approved)(not approvedXrepassed after
(Name of Legialadre Body)
disapproval)by the-------------------------------------------------- on------------------ 20--- . Such local law was subject to
(Ekedve Chief Extouive Ofj&-)
F
permissive referendum and no valid petition requesting sucg 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.
Q)'
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 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 ltew York,having been submitted to the electors
at the General Election of November---------------------- 20----,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 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 certiflcation.)
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.
—_A("�'
let
Clerk of the County legislative body,City,Two.or ge perk
or oWK=r designated by local legislative body
�•>���
(Seal) Date: •",� -
(Certification to be executed by County Attorney,Corporation Counsel,Zown Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NWYORK WARREN
COUNTY OF
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.
sig"t— Cathi L. Radner
Town Counsel
Title
QUEENSBURY
Town
of
a jj X
Date: December 17, 2003
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