LL 03 Sewers & Sewage Disposal Article VIII NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE ST1tEE'>G ALBANY,NY 1=1
(Use this form to file a local law with the Secretary of State.)
Teat of law should be given as amended. Do not include matter being eliminated and do not use
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Local Law No----------------a_----------------- of the year 20DE--
A local law .UEFJ1I.SBIiRY_a[vdlSi_�Ilp -CJJAP_T.EB__J 3f_''_S,EldERS J�t.0—____—
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Be it enacted-by the -------------:-now I_Bama------------------------------------------------------of the
of--------------------QUEENS.Ei11KY------------------------------------------------------ as follows:
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SECTION 1. Section 136-44 of Queensbury Town Code Chapter 136, Article VIII "Use of Public
Sewers Required," is hereby amended as follows:
§ 136-44. Connection to sewers required.
The owner(s) of all houses, buildings or other structures and any properties used -for human
occupancy, employment, recreation or other purposes situated within the sewer district and located
within 250 feet of a public sanitary sewer of the sewer district is (are) hereby required, at the
owner's expense, to install suitable sanitary facilities therein and to connect such facilities directly
with the public sewer within one year, in accordance with the provisions of this Part 3, unless a
greater distance or an earlier date is mandated by the New York State Health Department or unless
there are substantial physical obstructions, in which case the owner(s) may appeal to the
Queensbury Town Board, whose decision shall be final and binding. After one year such
properties shall be deemed to be connected to and using the public sewer and the owner(s) of
such properties shall be charged the full and usual sewer rents, assessments and taxes as if the
properties were actually connected to and using the public sewer unless a variance or waiver has
been granted as provided in Section 13644:4°
Y '
SECTION 2. Queensbury Town Code Section 13 6-44.1(C)(5)(a) is hereby amended to read as
follows:
(If additional space is needed,attach pages the same size as this sheet,and number each.)
t2)
§ 13644.1. Variances or waivers from required sewer connections.
C. Variance or waiver procedure and criteria for Town Board decision thereon.
(5) In the event that the Town Board finds any or all of the above circumstances
or conditions, the Town Board may grant the following relief:
(a) In the event that circumstances giving rise to the request are due to
physical obstructions, costs significantly greater than the usual
sewer connection costs, a distance greater than 250 feet from the
sewer pipeline to the building or structure to be connected or a
documented inability to obtain an easement or right-of-way over
which a sewer line must pass in order to connect to the Town
sewer system, and the property owner is willing to pay the full and
usual sewer rents, assessments and taxes accruing against the
property, the Town Board may grant a temporary waiver from the
requirement that the subject property be connected, provided that
the sewage disposal system currently serving the property is
operational in accordance with the Town of Queensbury laws and
regulations and appropriate New York State agency rules and
regulations. Such waiver shall be effective for one or two years as
the Town Board may determine is appropriate. Prior to the
expiration of the waiver, the property owner may reapply for a
further variance or waiver on any of the grounds set forth herein,
including the original grounds for which a waiver was requested.
If the property owner fails to reapply for a further variance or
waiver or such an application is denied, the property shall be
deemed to be connected to and using the public sewer and the
owner of such property shall be charged the full and usual sewer
rents, assessments and taxes as if the property were actually
connected to and using the public sewer as provided in Section
136-44.
SECTION 3. SEVERABILITY. 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. REPEALER. 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 5. EFFECTIVE DATE. 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.
(2)
(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. -___3---------_---- ------------ of 20-.D5_
RUEEMB-MX---------- -------------------- -_
of theMIXE
�§�(XTownX)j��a}ge)of---- -------- ____-- was duly passed by the
3MBE13.2.6----------------------)bbKX---------------- 20.44 in accordance with the applicable provisions of law.
(Nano oJLeB vt soar)
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)(Yillage)of---------------------------------------------------------------- was duly passed by the
----------------------------------------------- on------------------ 20---,and was(approvedXnot approved)(repassed after
(Nava ofl agid--Body)
disapproval)by the------------------=------------------------------- and was deemed duly adopted on --------=--------- 20----,
(Ekctive CFiafEx—d-Ofiee►V
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-----
of the(CountyXCity)(Town)(Village)of---------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20.---,and was(approved)(not approved)(repassed after
(N—oftevda-Day)
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Ekcllva CGWE—*- v)
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(generalXspecialxannua]).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-----
of the(CountyXCity)(Town)(Village)of---------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(approved)(not approvedxrepassed after
(Nano ofUSiAr6-B0a51
disapproval)by the-------------------------------------------------- �n------------------ 20-- . Such local law was subject to
a(EkcdveChWEX-vd Of"i—I t'
permissive referendum and no valid petition requesting such referendum-was filed as of------------------ 24--- ,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.
fl^ 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 14ew 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 c"'Uncation.)
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-----L------above.
Ck&Ottk � � e`caai�(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,lbwn Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
ppUNn OF Warren
C,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.
Ste` CATHI L. RADNER
--
Town Counsel
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of Queensbury
Ibwn
Date. . September 27, 2005
(3)
General Code Publishers
72 Hinchey Road
Rochester, NY 14624
Phone:800/836-8834 Fax:5851328-8189
Email:sales@generalcode.com
09/29/2005 A219785
Ms. Darieen 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. 3-2005.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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