LL 03 Amend Town Code 179 "Zoning" "Administration" ,q
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
March 31, 2006
GEORGE E. PATAKI
GOVERNOR
Town of Queensbury
Town Clerk
Town Office Bldg., 742 Bay Rd.
Queensbury, NY 12804
RE: Town of Queensbury, Local Law 3, 2006, filed on 3/24/2006
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:INFOQDOS.STATE.NY.US
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TOWN OF QUEENSBURY
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742 BAY ROAD
QUEENSBURY9 NEW YORK 12804
PHONE NUMBER: 518-761-8234
FAX NUMBER: 518-745-4474
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QUEENSBURY, NEW YORK 12804
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Local haw .Filing NEW YoxCsTaTE DEPARTMW r OF STATE
41 STATE SIR=ALBANY,NY IMI
(Use this form to file a local law with the Secretary of State.)
Jbat of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
QUEENSBURY
Town
-----•----------- ------------- _------ ------------------
Local Law No.-----------------3 of the year 20 6
AlocallawA-M.EI�1D�liE1;LyS$UBY__TI)WKLf.C1DE_CHUTER_17.9__::Z9Al "
EI�T �� �1?M�AIISIJ3AISII�I'�LOMC.Ef3QLIH�AL�EADIA ME-MBEBEQI.IUN OF
. i
TOWN PLANNING BOARD AND TOWN ZONING BOARD OF .APEEAa_M___�_
--•-� _
Be it enacted'by the ------------------ TOWN BOARD___-----------------------—-----------------------of the
of--------------- --------
QUEENSBURY as
Town -------------------- -----------. ------- -------- follows.
'
SECTION 1. Queensbury flown Code Chapter 179 "Zoning," Article 16 "Administration"
is hereby amended at Section 179-16-020 as follows:
§ 179-16-020. Planning Board.
A. Pursuant to §271 of Town Law, the.Town of Queensbury has created a Planning
Board. Said Board consists of seven (7) members appointed by the Town Board in
such manner and for such terms as provided in the Town Law. The Planning Board
shall have all the powers and perform all the duties prescribed by statute and by this
chapter. The Planning Board shall have original jurisdiction for all matters
pertaining to this chapter pursuant to§274-a of the Town Law(site plan review).
B. The Town Board shall appoint two (2) alternate members of the.Planning Board to
substitute for any regular member in the event of a conflict of interest or other factor
such as illness,'vacation or;,aother absences. The alternate member(s) shall be
appointed by Resolution of4he Town Board for a term of seven (7) years. The
chairperson of the Planning Board shall designate an alternate member to substitute
for a regular member whenever any.regular member is unable to participate in an
(If additional space is needed,attach pages the same size as this sheet,and number each.)
application or matter before the Board. The chairperson shall alternate appointment
of the two (2) alternate members so that the alternate members have approximately
equal opportunities to serve on the Planning Board to the maximum extent possible.
When so designated, the alternate member shall possess all of the powers and
responsibilities of such regular member. Such designation shall be entered into the
minutes of the initial Planning Board meeting at which the substitution is made. All
provisions relating to Planning Board member training and continuing education,
attendance, conflict of interest, compensation, eligibility, vacancy in office, removal
and service on other Boards shall also apply to alternate members, with
compensation provided to the alternate members only for meetings at which they
actually serve on the Board.
SECTION 2. Queensbury Town Code Chapter 179 "Zoning," Article 16 "Administration"
is hereby amended at Section 179-16-030 as follows:
§ 179-16-030. Zoning Board of Appeals.
A. Pursuant to §267 of Town Law, the Town of Queensbury has created a Zoning
Board of Appeals consisting of seven (7) members appointed by the Town Board in
such manner and for such term as provided in the Town law. The Zoning Board of
Appeals shall have all the powers and perform all the duties prescribed by statute
and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction
for all matters pertaining to this chapter. Pursuant to the procedures described in
§267, Subdivision 11 of the Town Law, alternate members may be established for
the Zoning Board of Appeals. See Article 14,Variances.
B. The Town Board shall appoint two (2) alternate members of the Zoning Board of
Appeals to substitute for any regular member in the event of a conflict of interest or
other factor such as illness, vacation or other absences. The alternate member(s)
shall be appointed by Resolution of the Town Board for a term of seven (7) years.
The chairperson of the Zoning Board of Appeals shall designate an alternate
member to substitute for a regular member whenever any regular member is unable
to participate in an application or matter before the Zoning Board of Appeals. The
chairperson shall alternate appointment of the two (2) alternate members so that the
alternate members have approximately equal opportunities to serve on the Zoning
Board of Appeals to the maximum extent possible. When so designated, the
alternate member shall possess all of the powers and responsibilities of such regular
member. Such designation shall be entered into the minutes of the initial Zoning
Board of Appeals meeting at which the substitution is made. All provisions relating
to Zoning Board of Appeals member training and continuing education, attendance,
conflict of interest, compensation, eligibility, vacancy in office, removal and service
on other Boards shall also apply to alternate members with compensation provided
to the alternate members only for meetings at which they actually serve on the
Board.
(2)
SECTION 3. This Local Law is adopted in accordance with Municipal Home Rule
Law §10 and is specifically intended to supersede the provisions of Town Law §267(11) and
§271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning
Boards to instances of conflict of interest.
SECTION 4. 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 5. 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 6. This Local Law shall take effect upon publication as required by New York
State Town Law§265 and filing in the Office of the New York Secretary of State.
(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 local law annexed hereto,designated as local law No, 3
of the(1�)PO))(Town)(M)1'*)of---------11LlEfityS. UEX-------------------------------------- was duly passed by the
-------------IOW_flQAM----------------- on MANCH_.2Q____ 200fi_,in accordance with the applicable provisions of law.
(N—e OfLegislaare Body)
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
f
I hereby certify that the local law annexed hereto,designated as local law No. of 20--
of the(CountyXCity)(lbwn)(Village)of-------------------------------------------------------------- was duly passed by the
----------------------------------------------- on------------------ 20 ,and was(approvedXnot approvWXrepassed after
(Nance of egbkshvBody)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on -----__----------- 20----,
( CW -offic-0)
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. -------------------_-----_ ___ 6f 20_-___
of the(CountyXCity)(1bwn)(Vllage)of-----------------—--------------------------------------------: was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(Nance*UziA96_Body) (approvedxnot approvedXrepassedaftcr
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Erect CkWExecaave Ork►•)
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------------------ 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.-M__------------—-----w___ of 20----_
of the(CountyXCity)(1bwn)(V lIage)of-------------------------------------_------------------------- was duly passed by the
--------------------------------------------------- on----------------- 20---.,and was(approved)(not approved)(repassed after
(N~o/Leg&kdwe Body)
disapproval)by the------------------------------------------------- 4n----------------- 20-- . Such local law was subject to
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.
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 Ikew 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 certmeation.)
I further certify that I have compared the preceding local law with the original on fie in this office and that the same
is a correct transcript theTafrom and of the whole of such original local law,and was finally adopted in the manner in-
dicated in paragraph-------------above.
Clerk of 16e(�oWtJ 1.91siafin Wy.QV,,Towa or Map Cla
cc officer destatod by local k*Wm body
(Seal} Date:
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locallty.)
sTAnOF NEW WRK WARREN
ODUNIY OF
I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been hall or taken for the enactment of the local law annexed hereto.
Robert H. Hafner
Town Counsel
CXtltW
OVIX of QUEENSBURY
Town
Mimed(
Date:
March 2006
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72 Hinchey Road
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Phone:$ /83 -8 34 Fax:585l32 9-
Email:sales@generalcode.com
03/27/2006 A224901
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. 3-2006.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Qucensbury, NY 12304