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LL 01 Underground Utilities S[,t Fx�R 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 April 19, 2005 SECRETARY OF STATE Darleen M Dougher Town Clerk Town Office Bldg 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law 1, 2005, filed on April 11, 2005 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 £� 6 Wd ZZ Udy SOOZ MU310 NMol AdngsN33no WWW.DOS.STATE.NY.US • E-MAIL: INFO Q?D05.STATE.NY.US RECYCLED PAPER NOTICE OF PUBLIC WARREN COUNTY AFFIDAVIT HEARING NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH A RESOLUTION DULY ADOPTED. BY THE QUEENSBURY- TOWN BOARD ON FEBRUARY 28TH, 2005 'THAT A STATE OF NEW YORK: PUBLIC HEARING WILL BE HELD ON MONDAY, MARCH 21ST,'2005 AT 7:t�0 ;P:M: IN THE 'Q'UEE47 BU RY County of Warren, ss: ACTIVITIES CENTER; 742 BAY ROAD, QUEENSBURY AT 17 WHICH HEARING ALL INTE1 " RESTED SHALLHAVE '- AN �-�69117 being duly sworn, REAAb CONCERNING R BE HEARD CONCERNING ADOPTION OF PROPOSED -LOCAL says that (s)he is principal clerk for Glens Falls Newspapers, Inc., publishers of THE POST STAR, TOw,NQ.: _.AMEND QUEENSBURY TOWN a dailynewspaper ty� p CODE CHAPTER 179 . published in Glens Falls, Warren County, State of New York, and that the printed "ZONING," SECTION 179-4-110 ' ENTITLED "UND-ERGROUND notice attached hereto was cut from the said POST STAR, and that the said notice was published U ILI ICIEST." OVERLAY SUCH PROPOSED' LOCAL therein, namely LAW WOULD ADD NEW / P R'.O;VIS'IONS CONCERNING 1il y( REPLACEMENT O 20 IIV VIDUAL r ✓ TELEPHONE OR ELgCTRIC POLES DAMAGED. OR TO Signed this day of 20 A U�T OYED M ODBE.L E ACCIDENT AND/OR- NATURAL DISASTER AND 2) PROJECTS WHICH HAVE ALREADY BEEN SUBSTANTIALLY COMMENCED WITHIN THE TOWN OF QUEENSBURY. THIS LEGISLATION IS AUTHORIZED BY NEW YORK 'STATE MUNICIPAL HOME- RU4,E LAW B10 AND. TOWN'. LAW ARTICLE 16. Sworrr,to before me this (FORMAT INFORMATION COPIES OF , THE 1,� PROPOSED LOCAL Clay Of__ CiC y` �,Q _ LAW, PLEASE CONTACT. THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY' I I ;ROAD, QUEENSB&RY -(54'8). 761-8234 DURING ✓�--- NORMAL BUSINESS, HOUR'S. r "'`' CyMM1 J {fI0MI0 ! BY ORDER OF THE y NO "�tPW*,3bb of Now Yo* BOARDS$URY TOWN 0v4ftd it W4 COYMIr DARLEEN M. Rp.a��Mt1Mq DOUGHER �f frq#�titEr�irel� tf s�gl�S TOWN CLERK -- NEW T T ;L���al'�aw Filing YORKSTATE 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. COX CRk�k�y Town -------IIU EEDIS�Uf3Y---------------------------- .------•---------•------------------- Local Law No------------- ----------------------- of the year 202L Alocal law 179_"ZONING"-________�____ a~arT,de� . "'UNDERGROUND UTILITIES OVERLAY DISTRICT" t -------------------------------------------------------------------------------------------------- -------------- ---------- I Be it enacted-by the ____QNEENSBURY TOWN BOARD -------------------------------------------------------------------------of the C�(iDti(4�► Tbbwwn of-------------------QLLE.ERSIMIRY------------------------------------------------------ as follows: SECTION 1. Queensbury Town Code Chapter 179,"Zoning,"Article 4 entitled"Schedule of Regulations" is hereby amended by adding new provisions F and G to 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 the 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. Placing utilities.•underground will improve this general perception and positively impact the appeal of the community. This Local Law is (If additional space Is needed,attach pages!the same size as this sheet,and number each.) DOS 239(Rev.11199) `il intended to provide these benefits by requiring the placement of electric, 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 1-87)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 shall remove such poles and lines immediately following installation and activation of the underground lines. F. Notwithstanding any other provisions of this Local Law, individual telephone poles, electric poles [or similar separate and distinct utility structures] which are damaged or destroyed due to automobile accident, natural disaster (lightning, fire, flood or the like) may be repaired or replaced at the same or substantially similar (2) above-ground location at the discretion of the utility company and/or property owner bearing responsibility for the repair or replacement. G. The provisions of this Local Law shall be deemed to be applicable to any activity or project which has not already been substantially commenced. For this purpose, "substantial commencement" shall mean that the physical, on-site construction or work associated with the project or activity has actually begun in the field and was substantially underway at the time of enactment. 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 3. 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. 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.) 1. (Final adoption by local legislative body only.) I hereby certify that the local05law annexed hereto,designated as local law No. ---------1------------------------ of 20- - j of the(M ft#o MM",9f------CLUE.E USBUBLY------------------------------------------ was duly passed by the --------------------------------------------------- on--A4-z-04=------ 2005•,in accordance with the applicable provisions of law. (Naas ojLegist-Ove Body) 2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Offker*.) I hereby certify that the local law annexed hereto,designated as local law No.---•----•-•------------•----------- of 20---- of yX ty� � g ) - was duly passed by the of the Count Ci wn ilia a of-----------------------------------•---------------------------- ----------------------------------------------- on------------------ 20-,-,and was(approvedXnot approvedXrepassed after. (Naves Of L;99110—Bole) disapproval)by the-------------------------------------------------- and was deemed duly adopted on -- 20----, ---------------- (Eke-CWFseer -Offl—') 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)(vllage)of----------------------------------------------------------------- was duly passed by the -------------------•------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after (Naas oJLegiAadve Bolt) disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Ekcave Chief Excauive 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(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 local law No.----------------------------------- of 20------ ofthe(CountyXCity)(Town)(Village)of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----,and was(approved)(not approvedXrepassed after (Nacre of Legislative Bolt') disapproval)by the-------------------------------------------------- 4n------------------ 20--- . Such local law was subject to (Ekaive Gkk(Exsartive OQfrcd-) permissive referendum and no valid petition requesting such"re'ferendum-was filed as of------------------ 20Q--- ,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. M 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. ' Ckrk of the Comm kOsb&e body.City,Iowa or Clerk or ot6cer desigmtod by local le&la ive body (Seal) Date: 04-05-2005 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNPYOF 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. SiP&w* ROBERT 14AFNER TOWN COUNSEL Tide of QUEENSBURY Town • Xl� April 2005 Date: ( 1 LOCAL LAW NO.: 1 OF 2005 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" SECTION 1794-110 ENTITLED "UNDERGROUND UTILITIES OVERLAY DISTRICT" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179,"Zoning,"Article 4 entitled "Schedule of Regulations" is hereby amended by adding new provisions F and G to 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. Placing utilities underground will improve this general Note: Language in bold italics is new language to be added; Language with line.a,-.,w thfou is old language to be deleted. 1 perception and positively impact the appeal of the community. This Local Law is intended to provide these benefits by requiring the placement of electric, 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 Note: Language in bold italics is new language to be added; Language with line ,r-a-,", thfo„gh is old language to be deleted. 2 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 shall remove such poles and lines immediately following installation and activation of the underground lines. F. Notwithstanding any other provisions of this Local Law, individual telephone poles, electric poles [or similar separate and distinct utility structures] which are damaged or destroyed due to automobile accident, natural disaster (lightning,fire, flood or the like) may be repaired or replaced at the same or substantially similar above ground location at the discretion of the utility company and/or property owner bearing responsibility for the repair or replacement. G. The provisions of this Local Law shall be deemed to be applicable to any activity or project which has not already been substantially commenced For this purpose, "substantial commencement" shall mean that the physical, on-site construction or work associated with the project or activity has actually begun in the field and was substantially underway at the time of enactment. 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. Note: Language in bold italics is new language to be added; Language. ith line draw `hfou''' is old language to be deleted. 3 SECTION 3. 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. 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. Note: Language in bold italics is new language to be added; Languages line.7.-a.,,., thr-oug is old language to be deleted. 4 SENDER: • • �� ■ Complete items 1,2,and 3.Also complete A . !nature item 4 if Restricted Delivery is desired. U mu ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you, by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: It YES,enter delivery address below ❑No APR l .t 2D0� (...�C.6 3. ServooRSrpe f t M Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ,Article Number (Transfer fink,semke�abel)�" i s "Q11.February 2004 Domestic Return Receipt 10259s-o2-M-1lfr6 'S EE R 2 General Code Publishers 72 Hinchey Road Rochester, NY 14624 Art a' 4 Phone:800/836-8834 Fax:585/328-8189 �� Email:sales@generalcode.com 04/12/2005 #215429 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. 1-2005. Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 y �ilii�l111ti�4l?1??{ III,AIM II�il1?'li1ii� General Code Publisi40rrs 72 Hinchey Road ; Rochester, NY 14624 Phone:800/836-8834 fax:585/328-81'6.='-';_:.;.....,..: .,. Email:sales@generalcode.com T 04/07/2005 #215305 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. 1-2005. Town of Queensbury CIO Clerk's Office 742 Bay Road Queensbury, NY 12804