LL 01 Amend Code Ch. 140 "Signs" County Route 28/ Main Street „ a
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STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORT�S-VAzQUEZ
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
February 10, 2009
Town Clerk
742 Bay Road
Queensbury NY 12804
RE: Town of Queensbury, Local Law No. 1, 2009, filed on February 3,
2009
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.US • E-MAIL:INFO@DOS.STATE.NY.US
Local aW FilingNEW YORKSTATE DEPARTMENT OF STATE
41 STATE STREE'9 ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Tent 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----Q u e e n s b u rx------------------------Town
vow
Local Law No._1--------------------------------- of the year 20.2.2.
A local law- Th - ------
ing Local Law No . : 1 of 2009 to---Amend Queensbury Town
---------------------------------------------- -------- -------------------------------
Code. Chapter 140 Entitled , "Signs" Relating to Certain
-----------------------------------•----------•---------------------------------------------------------------
Relocations of Existing Signs Along County Route 28/Main
Street---------------
-------------------------------------------------------------------------------
Town Board ._of the
Beit enacted'by the ---------------------------------------------------------------------------------------
(r-1L9sulai-Da,,)
Queensbury
of------------------------------------------------------------------------------------------- as follows:
Town
1. Intent; Authority - Warren County is undertaking a highway improvement project
involving widening an approximately one mile portion of County Route 28/Main Street from two
to three lanes and the Town is undertaking installation of sewer and water lines, all of which will
require relocation of existing overhead electric, telephone and cable utilities as well as many
existing commercial signs. The Town Board wishes to amend the Town Code requirements to
avoid placing an undue burden on businesses along the Main Street Corridor that may be
required to move their signs to accommodate the improvement of this portion of Main Street.
This Local Law is adopted pursuant to Municipal Home Rule Law Section 10.
2. Amendment - Chapter 140 of the Queensbury Town Code is hereby amended by
adding the following new Section 140-16:
§140-16. Main Street Corridor Project Exemption
A. For purposes of this Section, "Madn Street Corridor Project" shall mean the widening
of and installation of underground infrastructure along Warren County Route 28 from
Exit 18 of the Adirondack Northway (NYS Route I-87) to the City of Glens Falls
municipal boundary.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239(Pev.11199) �1�
B. Any sign which is lawfully in existence on the effective date of this Local Law and
which is required to be relocated as a result of the Main Street Corridor Project shall
be required to obtain a pen-nit under this Chapter if it is relocated pursuant to this
Section 140-16.
C. If a sign is required to be relocated because the land on which it is located has been
conveyed to or acquired by the Town of Queensbury or Warren County for purposes
of the Main Street Corridor Project, the existing sign may be moved or replaced in a
new location by a new sign of the same size, type, text and appearance. The new
location shall be a location which is in compliance with this Chapter and any prior
Town approval or, if compliance is not possible, a location which the Zoning
Administrator determines to be most nearly in compliance. Any prior Town approval
shall be deemed to be amended to allow the new location authorized by the Zoning
Administrator.
D. If an existing sign becomes non-compliant with this Chapter or any applicable
municipal permit as a result of the transfer of adjacent land to the Town of
Queensbury or Warren County for purposes of the Main Street Corridor Project, the
sign may be relocated as described in paragraph C or may continue in its current
location. If the sign is replaced in the future, it shall be relocated as provided in
paragraph C.
E. Relocation of any sign pursuant to this Section must be accomplished within two (2)
years after the Final Acceptance Date shown on the Final Acceptance of Locally
Administered Federal Aid Project form relating to the Main Street Corridor Project.
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.
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.
5. Effective Date—This Local Law shall take effect upon filing in the office of the New
York State Secretary of State or as otherwise provided by law.
(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. 1_______________ ______________ of 20 0 -
of t�e(County)(City)(Town)�llage)of____Qu e e n s_b_u r-Y_______________________---------------_--
was duly passed by the
- d______________________- on ------ 200 9,in accordance with the applicable provisions of law.
(Name of Legislative Body)
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------
ofthe(CountyxCity)(Town)(Village)of----------------------------------------------------------------- was duly passed by the
----------------------------------------------- on ------------------ 20--=,and was(approvedxnot approved)(repassed after
(Name of Legislative Body)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=--------- 20----,
(Ekctive Chief Executive Officer')
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------
( Y)( ty)(T )(� g ) --- - ---- -- ----- -(PP - -- �(----- w duly( P passed b the
of the Count Ci own ilia a of------------------------ - - - - - - - • - Y P Y
--------------------------------------------------- on------------------ 20----,and was a roved not a roved re assed after
(Name ofLegislative Bally)
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive 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(general)(special)(annual).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(County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20---.,and was(approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the-------------------------------------------------- on------------------ 20--- . Such local law was subject to
(Elective Chief Executive Officer')
permissive referendum and no valid petition requesting suck referendum�was filed 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.
5. (City local law concerning Charter revision proposed by petition.)
1
I hereby certify that the local law annexed hereto,designated as local law No. ----- ---------------------- of 20 -9-
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(specialxgeneral)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 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----_ ------
above.
ilk
Clerk of die County legislative body,City,Town or village Clerk
or officer 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 NEW YORK
COUNTY OF 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.
Signature kober4 'T
, 1 er
Title
Town
of Queensbury
Date: I Zvi-69
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riochester,NY 14624
p:800/836-8834 fax:'i65f328-8189
email:sales@generalcode.com
02/02/2009
Ms. Darleen M. Dougher:
1 The following material has been received and will be processed for
inclusion in your Code as supplemental pages(where applicable):
Local Law No. 1-2009
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
I
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