LL 06 Underground Utilities Overlay District L ocaZ LQW'FLZLng NEW YORKSTATE DEPARTWM OF STATE
41 STATE S1RF.E'1;ALBANY,NY IMI
(Use this form to file a local law with the Secretary of State.)
1bXt of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
of-_.Oueensbury__ __»_._� --------------
Town
Local Law No.---------6--»-------------- -- of the year 20!?A--
to Amend Chapter 179 "Zonip of Queensbury Town Code to
A local law_ ram
Create an Underground Utilities Overlay District
i
-----»------------------------------------------------------
--- --- »_»»__---__------------- --
Belt enacted-by the _» Town Bgard -- --- of the
X -_
of_ -»Queensburx----------------------------------- ------------------------- as follows.
Town -
SECTION 1. Queensbury Town Code Chapter 179,"Zoning,"Article 4 entitled "Schedule
of Regulations" is hereby amended by adding a new section 179-4-110 as follows:
§ 179-4-110. Underground Utilities Overlay District.
A. Purpose and Findings. The Town _of Queensbury is currently experiencing
significant new construction and reconstruction in developed areas which involve
either installation or relocation of electric, telephone, cable television and
telecommunication utility lines. Placement of these utilities underground would
improve the safety and welfare of Town residents and visitors for several reasons.
A multitude of-utility poles close to the street constitutes -a traffic hazard by
increasing visual clutter and the likelihood of accidents related to the resulting
distraction as well as by presenting a collision obstacle for vehicles which leave
the lane of travel for any reason. Utility poles and overhead utility lines also pose
a threat to public safety as they are vulnerable to being downed by ice and wind
storms. Finally, the appearance of the major arterials in the Town contributes
significantly to the overall impression of the community held by residents,visitors
and commuters. Placingo�.utilities underground will improve this general
perception and positively impact the appeal of the community. This Local Law is
intended to provide these benefits by requiring the placement of electric,
(If additional space is needed,attach pages the same size as this sheet,and number each.)
telephone, cable television and telecommunication utilities underground within
the overlay district.
B. Definitions.
"Utility Lines" shall mean transmission, trunk and lateral distribution lines,
including electric, telephone, cable television, telecommunication and all other
wires and cables.
C. Creation of Overlay District. An overlay district is hereby created to be known as
the Underground Utilities Overlay District which include all properties located
within 125 feet of the centerline of the following roads:
1. Warren County Route 28 (Main Street)from Exit 18 of the Adirondack
Northway(NYS Route I-87) to the City of Glens Falls municipal boundary;
2. NYS Route 9 from NYS Route 149 to the City of Glens Falls municipal
boundary;
3. All of Quaker Road (NYS Route 254) lying within the Town; and
4. Aviation Road (NYS Route 254)from west of the bridge over the Adirondack
Northway(NYS Route I-87)to NYS Route 9.
D. Undergrounding Required. Any utility lines within the Underground Utilities
Overlay District which are required to be relocated in connection with any
construction project and any new utility lines to be installed within the Overlay
District shall be installed underground. Utility companies shall obtain all
necessary approvals and permits prior to commencement of construction.
Wherever practicable, trenches through utility easements shall be occupied jointly
by electric and telecommunication utility lines. Whenever main distribution and
trunk utility lines are located or relocated underground, lateral distribution lines
from those lines to individual structures shall also be located or relocated
underground. All new or relocated lateral distribution lines shall be located
underground whether or not the main distribution and trunk lines are
underground.
E. Removal of Existing Poles and Overhead Lines. The utility company which owns
existing utility poles and overhead utility lines shalt remove such poles and lines
immediately following installation and activation of the underground lines.
SECTION 2. 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.
(2)
ti
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.
(3)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
6
herebycertify that the local law annexed hereto,designated as local law No. ----------- '_____________________ of 20-Q4_
f�the OXTown N of- eensb.uzy-- ---------------------------------- was duly passed by the
Boar _--___-_-- on----Ju 26j--__- 2(P4-,in accordance with the applicable provisions of law.
--------------------------------
ra w ojLesbudw Body)
(Passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
hereby certify that the local law annexed hereto,designated as local law No.----- ------------------------- of 20------
if the(CountyXCity)(Town)(Village)of----------------_—_—__---------—------_-----------__----_- was duly passed by the --
---------------------------------------------- on----------_------- 20- ,and was(approvedXnot approved)(repassed after.
Vaare o/Ltdialalive Body)
Hsapproval)by the-------------------------------------------------- and was deemed duly adopted on --------------- 20----,
(Ek—motel •)
n accordance with the applicable provisions of law.
S. (Final adoption by referendum.)
hereby certify that the local law annexed hereto,designated as local law No. ------------------------------------of 20------
A the(CountyXCity)(Tbwn)(ViIlage)of------—--------------------------------------------------------= was duly passed by the
.-------------------------------------------------- on------------------ 20.---,and was(approvedXnot approvedxrepassed after
IVMe o/Legwaave Day)
iisapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Eke ckief Exeatdve QFsc-4)
:o 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------------------ 20.--- ,in
rxordance 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(CountyXCity)(lbwn)(V llage)of----------------------------------------------------------------- was duly passed by the
-------------------------------------------------- on------------------ 20--,and was(approved)(not approvWXrepassed after
(N_alledbdadrrBody)
disapproval)by the------------------------------------------------ 4n------------------ 20-- . Such local law was subject to
Mkcdve ebklF.xemdw 0%-*)
permissive referendum and no valid petition requesting such referendum-was Sled 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.
a=
;. (City local law concerning Charter revision proposed by petition.)
hereby certify that the local law annexed hereto,designated as local law No.-----=----------------------------- of 20------
)f the City of---------------------------------------------having been submitted to referendum pursuant to the provisions,of
:ection(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
lalified electors of such city voting thereon at the(speciafteneral)election held on-------------------20---,
Became operative.
S. (County local law concerning adoption of Charter.)
[hereby certify that the local law annexed hereto,designated as local law No. of 20-_----
A the County of-----------------------------•--------------------- State of 14ew York,having been submitted to the electors
,it 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 certification.)
I further certify that I have compared the preceding local law with the original on:file in ce and that the same
is a correct transcript therefrom and of the whole o h original loc and w y a in the manner in-
dicated in paragraph----1------,above.
Li
CWkof&c Comte sbfm � or YMe Qat
Caroline Barber
1st Deputy Town Clerk July 28, 2004
(Seal) Date:
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NSW PORK
COUNTY OF
I,the undersigned,hereby certify that the foregoing local law contains the convect text and That all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Robert H. Hafner
TGwn Counsel
Tick
OW
of Queen;bury
IbWa
Date:
(5)
WARREN COUNTY AFFIDAVIT NOTIHEEORINPUBLIC
NOTICE IS HEREBY
GIVEN ; IN
ACCOR6ANCE WITH A
RESOLUTION `DULY
=1 ADOPTED BY THE
STATE OF NEW YORK: (aUEENSBURY TOWN
1`— BOARD ON JULY 12TH,
i� 2004 THAT A PUBLIC
j Q[ HEARING WILL BE
V HELD ,�QN -MONDAY,
County of Warren, SS; JULY 26TH, 2004 AT
,Q I 7:00 P.M. IN THE
QUEENSBURY
ACTIVITIES .CENTER,
- 742 BAY ROAD,
r` QUEENSBURY AT
WHICH HEARING ALL
C✓ 4111,ybe'ing u y INTERESTED PARTIES
SHALL HAVE AN
OPPORTUNITY TO BE
says that (s)he is principal clerk for Glens Falls Newspapers, Inc., publishers of TEE POST STAR, +AHEAD
DOPTTION NCERNIOF
PROPOSED LOCAL
LAW NO.` _,OF, 2004
a daily newspaper published in Glens Falls, Warren County, State of New York, and that the printed TO AMEND
QUEENSBURY;. TOWN
CODE CHWkk 179
notice attached hereto was published cut from the said POST STAR, and that the said notice was ENTITLED "ZONING."
P THE.,.PROPOSED..LAW.
VNOIJI.(J,; .'i�M{A�ND
therein, namely ARTICLE 4'" �NT "ED
SCHEDULE OF:
��. REGULATIONS' TO
ADD A NEW ;SECTION
E N 'T I'T L S D
20 "UNDERGROUND
UTILITIES OVERLAY
DISTRICT"TO'/CREATE
Signed this day Oil OL, U
ZO AN uDERGROUND
_ UTILITIES OVERLAY
/ DISTRICT WITHIN THE
TOWN OF
QUEENS,BURY THIS
LEGISLATION' IS
AUTHORIZED BY NEW
YORK STATE
MUNICIPAL HOME
RULE LAW 310 AND
TOWN- LAW ARTICLE
TO OBtAIN.,FUATHER
INFORMATION: OR
COPIES:., OF. THE
PROPOSED' , ,LOCAL
Aj LAW, PLEASE
CONTACTT THE
Sworn-to before me this QCLEEN$BURY OWN
OFFI742
BAY OAD
day of 2QZ^ QUEENSBURY R(518)
761-6234 DURING
NORMAL BUSINESS
HOURS.,
BY ORDER OF-:THE
QUEENSBURY `TOWN
BOARD.
CAROLINE MANN
BARBER
1 1:�n i 1°1 RD'SILLARD TOWN OF
2t''.G �wc:'dl y0f{ QUEENSBURY.
�i
Pub.July 1'6,2004
�l y i OMTFI,116�':Jn 'r>> ', IMIFy 10,20 OZ
_4
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE
AND REAFFIRMING ENACTMENT OF LOCAL LAW NO. 6 OF 2004 TO
AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO
CREATE AN UNDERGROUND UTILITIES OVERLAY DISTRICT
RESOLUTION NO. 543,2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, after duly conducting a public hearing on July 26th, 2004, the Queensbury
Town Board,by Resolution No. 364, 2004, enacted Local Law No. 6 of 2004 to amend Queensbury
Town Code Chapter 179 entitled "Zoning," Article 4 entitled "Schedule of Regulations" by adding
a new section 179-4-110 entitled "Underground Utilities Overlay District," to create an
Underground Utilities Overlay District in the Town of Queensbury(Local Law), and
WHEREAS, such legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and Town Law Article 16, and
WHEREAS, the Executive Director of Community Development forwarded copies of the
Local Law and Resolution to the Warren County and Town of Queensbury Planning Boards for
review and recommendation, and
WHEREAS, on or about October 26th, 2004, the Queensbury Planning Board considered
the Local Law and adopted a Resolution recommending approval of the Local Law, and
WHEREAS, on or about September 8th, 2004, the Warren County Planning Board also
considered the Local Law and recommended approval, and
WHEREAS, the Town Board wishes to conduct a State Environmental Quality Review Act
(SEQRA) environmental review of the Local Law, and
WHEREAS, a copy of the Local Law and Short Environmental Assessment Form have
been presented at this meeting and are in form approved by Town Counsel,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board, after considering Local Law No. 6 of 2004
to amend Queensbury Town Code Chapter 179 entitled "Zoning," Article 4 entitled "Schedule of
Regulations" by adding a new section 179-4-110 entitled"Underground Utilities Overlay District,"
to create an Underground Utilities Overlay District in the Town of Queensbury, reviewing the
Environmental Assessment Form and thoroughly analyzing the Local Law for potential
environmental concerns, determines that the Local Law will not have a significant effect on the
environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Environmental Assessment Form by checking the box indicating that the Local Law
will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and
directs the Town Clerk's Office to file any necessary documents in accordance with the provisions
of the general regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby reaffirms enactment of Local Law No. 6 of 2004
to amend Queensbury Town Code Chapter 179 entitled "Zoning," Article 4 entitled "Schedule of
w -,.
Regulations" by adding a new section 179-4-110 entitled"Underground Utilities Overlay District,"
to create an Underground Utilities Overlay District in the Town of Queensbury as presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule.
Duly adopted this I"day of November, 2004,by the following vote:
AYES Mr. Turner,Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES None
ABSENT: None
6.12
ENACTMEN WHAPTER 179-Underground Utilities Overlay District-7-26-04
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE
AND REAFFIRMING ENACTMENT OF LOCAL LAW NO. 6 OF 2004 TO
AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO
CREATE AN UNDERGROUND UTILITIES OVERLAY DISTRICT
RESOLUTION NO. 2004
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY: IY>
WHEREAS, after duly conducting a public hearing on July 26ih, 2004, the Queensbury
Town Board, by Resolution No. 364, 2004,enacted Local Law No. 6 of 2004 to amend Queensbury
Town Code Chapter 179 entitled "Zoning," Article 4 entitled "Schedule of Regulations" by adding
a new section 179-4-110 entitled "Underground Utilities Overlay District," to create an
Underground Utilities Overlay District in the Town of Queensbury (Local Law), and
WHEREAS, such legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and Town Law Article 16, and
WHEREAS, the Executive Director of Community Development forwarded copies of the
Local Law and Resolution to the Warren County and Town of Queensbury Planning Boards for
review and recommendation, and
WHEREAS, on or about October 26th, 2004, the Queensbury Planning Board considered
the Local Law and adopted a Resolution recommending approval of the Local Law, and
WHEREAS, on or about September 8ih, 2004, the Warren County Planning Board also
I
considered the Local Law and recommended approval, and
WHEREAS, the Town Board wishes to conduct a State Environmental Quality Review Act
(SEQRA) environmental review of the Local Law, and
WHEREAS, a copy of the Local Law and Short Environmental Assessment Form have
been presented at this meeting and are in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering Local Law No. 6 of 2004
to amend Queensbury Town Code Chapter 179 entitled "Zoning," Article 4 entitled "Schedule of
Regulations" by adding a new section 179-4-110 entitled"Underground Utilities Overlay District,"
to create an Underground Utilities Overlay District in the Town of Queensbury, reviewing the
Environmental Assessment Form and thoroughly analyzing the Local Law for potential
environmental concerns, determines that the Local Law will not have a significant effect on the
environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Environmental Assessment Form by checking the box indicating that the Local Law
will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and
directs the Town Clerk's Office to file any necessary documents in accordance with the provisions
of the general regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby reaffirms enactment of Local Law No. 6 of 2004
to amend Queensbury Town Code Chapter 179 entitled "Zoning," Article 4 entitled "Schedule of
Regulations" by adding a new section 179-4-110 entitled "Underground Utilities Overlay District,"
to create an Underground Utilities Overlay District in the Town of Queensbury as presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule.
Duly adopted this 1st day of November, 2004,by the following vote:
AYES
NOES
ABSENT:
PROJECT- ID NUMBER 617.20 SEAR
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1.APPLICANT/SPONSOR 2.PROJECT NAME
Town of Queensbury Underground Utilities Overlay District
&PROJECT LOCATION:
Town of Queensbury Warren
Municipality County
4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map
Warren County Route 28 (Main St.)from 1-87 Exit 18 to City of Glens Falls boundary; NYS Rte. 9 from NYS Rte. 149 to
City of Glens Falls boundary;All of Rte.254(Quaker Rd.); NYS Rte. 254 (Aviation Rd.)from west of the bridge over 1-87
to NYS Rta 4
5.IS PROPOSED ACTION: R] New El Expansion ❑Modification/alteration
6.DESCRIBE PROJECT BRIEFLY:
All new construction and reconstruction that involve either installation or relocation of electric,telephone, cable
television, and telecommunicaiton utility lines, along the arterial roadways noted, and within a distance of 125 ft.of the
arterial roadway center lines, shall require such utilities to be installed underground.
7.AMOUNT OF LAND AFFECTED:
Initially 290 acres Ultimately 290 acres
8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
Yes ❑✓ No If no,describe briefly:
This is a zoning amendment.
9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
PIResidential Z Industrial n Commercial DAgriculture Park/Forest/Open Space Other (describe)
Recreational
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
Yes Z No If yes, list agency name and permit / approval:
11,DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes ZNo If yes, list agency name and permit / approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
❑Yes Q No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant / Sponsor Name Date:
Signature J
If the action is a Costal Area,and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II - IMPACT ASSESSMENT To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF.
Yes � No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative
declaration may be superseded by another involved agency.
Yes No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible)
C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal,
potential for erosion,drainage or flooding problems? Explain briefly:n
c)
C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly:
O
C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly:
I -h C>
C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly:
' 1 l7
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly:
NO
C6. Longterm,short term,cumulative,or other effects not identified in C1-05? Explain briefly:
nb
C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly:
nb
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA EEA2 If xes,ex lain briefl :
Yes ®No
E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain:
Yes 1`171 No
PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each
effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e)
geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked
yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
ElCheck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FULL
EAF and/or prepare a positive declaration.
Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actin
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi
determination.
tjefAsjatLj -rcI.on Pmrc� 11-301L4
Name of Lead Agency Date
won le ( G- Sic -Too n S iae ry t'S o r"
Print or Type Name ot Kssponsible Officer in Lead Agency Title of R sponsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer)
12-12-79(3/99)-9c SEQR
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project Number Date 11-1-04
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8(State Environmental Quality Review Act)of the Environmental Conservation Law.
The Queensbury Town Board as lead agency, has determined that the
proposed action described below will not have a significant environmental impact and a Draft
Impact Statement will not be prepared.
Name of Action: Underground Utilities Overlay District
SEAR Status: Type 1
Unlisted
Conditioned Negative Declaration: Yes
No
Description of Action: All new construction and reconstruction that involve either installation or
relocation of electric,telephone,cable television and telecommunication utility lines along the
arterial roadways noted on EAF and within a distance of 125'of arterial roadway center lines shall
require such utilities to be installed underground.
Location: (Include street address and the name of the municipality/county. A location map of
appropriate scale is also recommended.)Warren County Route 28(Main St)from 1-87 to City of Glens Falls
boundary; NYS Route 9 from NYS Route 149 to City of Glens Falls boundary;All of Route 254(Quaker
Road); NYS Route 254(Aviation Road)from west of the bridge over 1-87 to NYS Route 9 in the Town of
Queensbury, New York 12804
SEQR Negative Declaration Page 2 of 2
Reasons Supporting This Determination:
(See 617.7(a)-(c)for requirements of this determination ;see 617.7(d)for Conditioned Negative Declaration)
If Conditioned Negative Declaration,provide on attachment the specific mitigation measures
imposed, and
identify comment period (not less than 30 days from date of pubication In the ENB)
For Further Information:
Contact Person:
Address:
Telephone Number:
For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent
to:
Chief Executive Officer,Town/City/Village of
Other involved agencies(If any)
Applicant(If any)
Environmental Notice Bulletin, Room 538,50 Wolf Road, Albany NY, 12233-1750(Type One Actions only)
TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY. 12804-5902
Memorandum
To: Town Board
CC: Town Counsel; Planning staff
From: Marilyn Ryba, Exec. Dir., Community Developmeni� � �
Date: October 27, 2004
Re: Underground Utilities Overlay District PZ-5-2004
Attached you will find:
• Map of proposed Underground Utilities Overlay Distri
• SEQRA short EAF
• Planning Board October 26, 2004 recommen
During their review, the Planning Board noted that underground utilities were
desirable. The Planning Board wanted to know who pays for installation, and
also wanted to know the role NIMO and other utility providers have in this
proposal.
Town counsel should be available to answer any questions.
H:\Underground Utilities\PB recommendation to TB 10-27-04.doc
TOWN OF QUEENSBURY COMMUNITY DEVELOPMENT DEPARTMENT
TOWN OF BURY
742 Bay Road, Queer ft' R 804-5902
2004 OCT 28 Aft 1133
Queensbury Planning Board
Record of Resolution
Craig MacEwan, Chairman Chris Hunsinger, Secretary
TO: Town Board RE: PZ 5-2004
Recommendation
Underground Utilities
Law
DATE:October 26, 2004
RESOLVED:
MOTION TO THE TOWN BOARD FROM THE PLANNING BOARD IN SUPPORT OF
THE UNDERGROUND UTILITIES LAW, PZ 5-2004, Introduced by Richard Sanford who
moved its adoption, seconded by Robert Vollaro:
Duly adopted this 26th day of October 2004 by the following vote:
AYES: Mr. Vollaro, Mr. Sanford, Mr. Metivier, Mr. Hunsinger, Mrs. Steffan, Mr. Seguljic, Mr.
MacEwan
NOES: None
Sincerely,
ctalfn' _.fw p'j
Craig MacEwan
Chairman
C M/pw
Cc: Town Clerk, Town Counsel
"Home of Natural Beauty ... A Good Place to Live "
Sep04-26
Warren County Planning Board r-ti-
Project Review and Referral Form
Reviewed b Board on September 8 20
04 Y P ,
Project Name: Town of Queensbury �w�,� f
�ffi.t
Owner: Town of Queensbury
ID Number: QBY-04-ZA-02
County J P Pro'ect#: Se 04-26 S P 1 7 20C4
Current Zoning: TOVa'^J 0!= G;!F7 __x�.;,cnURY
,
Community: Queensbury PL/-,� G O F! E
Project Description:
Applicant proposes to amend the Zoning Ordinance by creating an underground utilities overlay district.
Site Location: - - -- - -- - - -- - I
Underground utilities in Queensbury.
Tax Map Number(s):
Staff Notes:
Zoning Amendment: The Town of Queensbury proposes to add a new section to their ordinance,"Underground Utilities
Overlay District". The Town is encouraging that all new construction that require utility lines electric
telecommunications,etc.)be located underground. This also includes the relocation of these types of lines. The change
also covers the removal of poles and overhead lines once underground lines are installed and activated.
Staff re
commends approval based on the information submitted recognize that this benefit will assist in the safety of the
Town. --- ---- - -
Local actions to date Y)
if any):
(
County Planning Board Recommendation:
Approve
Local Action:/Final Dispensation (Provide reason if local action is contrary to Warren County Planning Board recommendation):
Warren County Planning Board v Date Signe Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING BOARD WITHIN 30 DAYS OF FINAL ACTION.
MEMO TO FILE
1-13-2005
RE: Local Law#6 of 2004
That after its passage by the Town Board on November Ist. I have contacted the Secretary
of State they informed me that this was an identical law#6 of 2004 that there was no
requirement to file with the Secretary of State and if we had done so it would have been
returned.
f h ,
TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY. 12804-5902
Queensbury Planning Board
Record of Resolution
Craig MacEwan, Chairman Chris Hunsinger, Secretary
TO: Town Board RE: PZ 5-2004
Recommendation
Underground-Utilities
Law
DATE:October 26, 2004
RESOLVED:
MOTION TO THE TOWN BOARD FROM THE PLANNING BOARD IN SUPPORT OF
THE UNDERGROUND UTILITIES LAW, PZ 5-2004, Introduced by Richard Sanford who
moved its adoption,seconded by Robert Vollaro:
Duly adopted this 26th day of October 2004 by the following vote:
AYES: Mr. Vollaro, Mr. Sanford, Mr. Metivier, Mr. Hunsinger, Mrs. Steffan, Mr. Seguljic, Mr.
MacEwan
NOES: None
Sincerely,
C� I )' W-&ao pL'-)
Craig MacEwan
Chairman
C M/pw
Cc: Town Clerk,Town Counsel
"Home of Natural Beauty ... A Good Place to Live "
QUEENSBURY
TOWN CLERK
STATE OF NEW YORK
2004 JUL 33 RM 11 41 DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 1 223 1-000 1
GEORGE E. PATAKI July 30, 2004 RANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
Darleen M Dougher
Town Clerk
Town Office Building
742 Bay Rd
Queensbury NY 12804
RE: Town of Queensbury, Local Law 6, 2004 filed on July 29, 2004
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
WWW.DOS.STATE.NY.US E-MAIL: INFO@DOS.STATE.NY.US
RECYCLED PMER
RESOLUTION ENACTING LOCAL LAW NO.: 6, OF 2004 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO CREATE AN
UNDERGROUND UTILITIES OVERLAY DISTRICT
RESOLUTION NO. 364,2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 6 of 2004 to
amend Queensbury Town Code Chapter 179, "Zoning," Article 4 entitled "Schedule of
Regulations"by adding a new section 179-4-110 entitled"Underground Utilities Overlay District,"
to create an Underground Utilities Overlay District in the Town of Queensbury, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and Town Law Article 16, and
WHEREAS, the Town Board duly held a public hearing on July 26th, 2004 and heard all
interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in
form approved by Town Counsel,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 6 of 2004 to
amend Queensbury Town Code Chapter 179 entitled "Zoning," Article 4 entitled "Schedule of
Regulations"by adding a new section 179-4-110 entitled"Underground Utilities Overlay District,"
to create an Underground Utilities Overlay District in the Town of Queensbury as presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State.
Duly adopted this 26th day of July,2004,by the following vote:
AYES Mr. Strough,Mr. Brewer,Mr. Stec, Mr. Boor,Mr. Turner
NOES None
ABSENT: None
RECEIPT
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tom-M-t�-
al Code Publishers
72 Hinchey Road ..r.�-
Rochester, NY 14624
Phone:800/836-8834 Fax:585/328-91* r
Email:salesQa generalcode.com '; ..
07/30/2004 #2089
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
Local Law No. 6-2004.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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