LL 05 Freshwater Wetlands .L octal Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET;ALBANY,NY IM1
(Use this form to Me 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
italics or underlining to indicate new matter.
XVM of------------------- - ---------Q1LQ e-EL1 b_ur_y- ----------------------------------
Town
xX n x
Local Law No------------- of the year 20._0 7
A local law-fir_T_Q---AmeAsl__Q.ue.en.sbux_y__
Entitled Freshwater W e t l a n d s_______________—__---_-_-____ _ _-____
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____._-----------------------------------------__-----»------------_--------_--_---«-------_---
i
--------------------------------------------------------------------------------------------------------'---__
Be it enacted'by the ---------------------------- s�-----—--------------------------- -- of the
Town °f----=----------------------------Q n�en.s-bu-r 3'------------------------------------
as follows:
XypmX
Section 1. Purpose and Intent.
This Local Law provides for amendments to Chapter 94 of the Code of the Town of
Queensbury to regulate-development in and adjacent to wetlands, which wetlands may not be =
regulated under maps currently filed with the Town.
Section 2. Amendment to §94 of the Code of the Town of Queensbury.
A. The definition of FRESHWATER WETLANDS is repealed and replaced, in its entirety,
with the following:
FRESHWATER WETLANDS- Any [area of land] as depicted on the Town of
Queensbury Freshwater Wetland Map including wetlands as regulated by NYSDEC, APA, or
any Federal Agency or as delineated in the field and approved by the appropriate
aforementioned agency.
y4
B. The definition of FRESHWATER WETLANDS MAP is amended as follows: ;
FRESHWATER WETLANDS MAP-- A'' nap on which are indicated the boundaries
of any freshwater wetland and which has been filed with the Clerk of the Town of
(If additional space is needed,attach pages the same size as this sheet,and number each.)
Doh 239(Rev.11/99) �1�
r .
Queensbury in accordance with Environmental Conservation Law, as such map may from
time to time be amended by DEC, the APA, or any Federal Agency, or by any field
delineation.
C. The definition of AGENCY is amended as follows:
AGENCY-- The Planning Board of the Town of Queensbury, or any Lead Agency of the
Town of Queensbury for SEQRA purposes.
Section 3. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the
application thereof to any person, individual, corporation, firm, partnership, entity, or
circumstance shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section, or part of this Local Law, or in its application to the
person, individual, corporation, firm, partnership, entity, or circumstance directly
involved in the controversy in which such order or judgment shall be rendered.
Section 4. Effective Date.
This Local Law shall take effect upon filing with the New York State Secretary of State.
(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-___-_-___-5 ______________________ of 26-)- .-
of the( W)P* (Town)JiV of-------_-- --D Fui pns.b_u_r_ _______________________________ was duly passed by the
9�24
__-_______Tnwn__Haar d__________________ on- 20 0-7'in accordance with the applicable provisions of law.
(Naas ofLeaislariveBody)
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive OMcer*.)
I hereby certify that the local law annexed hereto,designated as local law No.------------- of 20------
of the(CountyXCity)(`Ibwn)(Village)of---------------- ----------- ------ -------- -- was duly passed by the
---
----------------------------------------------- on------------------ 20-,.,and was(approvedXnot approvWXrepassed after.
(Wore ofteshusi-Body)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on
(Meeg tchwmwcrotve .) --------=-----=--- 20----,
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—of LegbAig a Body)
disapproval)by the------------------------------------------------- om------------------ 20_---. Such local law was submitted
(Ekcrhv chief p--*-Offi—y
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(generalXspecia)Xannual).election held on------------------ 2a-__ ,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(CountyXCityX bwn)(Vltage)of-----------------------------------------------------------------
was duly passed by the
--------------------------------------------------- on---------------
--- 20----,and was(approved)(not approved)(repassed after
(Wane of Le$Wx6ve Body)
disapproval)by the-------------------------------------------------- -- 20--- . Such local law was subject to
(Ekave chief Exe udw Opicery
4
permissive referendum and no valid petition requesting sucli referendum-was filed as of__________________ 20L___ ,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.
(3).
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 on ' local law,and was finally adopted in the manner in-
dicated in paragraph------1------above.
yt �:--
ctakot at cowq legisiativc body.Chy,'Tows or village Ckr
or offim designated by local legislative body
(Seal) Date:
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NUW YORK 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 I& iexed he to.
Sign' J. ARK NOOR
Town Counsel
Title
tam
of QueenSbury
Town
Date: Sep .Pmbern 2007
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE 6TREET
ALBANY, NY 12231-0001
ELIOT SPITZER October LORRAINE A CORTts-VAzouEZ
GOVERNOR SEMUMY OF STATE
Darleen M Dougher
Town Clerk
Town Office Building
742 Bay Rd
Queensbury NY 12804
RE: Town of Queensbury, Local Law No. 5, 2007, filed on October 1, 2007
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us/corp/misc.htm1.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
www.DoS.STATE.NY.UB • E-MAIL:INR0QD08.8TATE.NY.U8
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GENERAL 72 Hinchey Road
DIP Rochester, NY 14624
p:8001836-8834 fax:585/328-8189
email:sales@generalcode.com
10/01/2007 #239766
Ms. Datleen 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. 5-2007.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
i.::. III fill 11117t 111011111)1111 J AIIIIHI l}1111 i111111111 idilt