LL 05 Modify Underground Overlay District i
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0
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTES-VAZQUEZ
GOVERNOR ALBANY, NY 1 223 1-0001 SECRETARY OF STATE
April 26, 2010
Karen A O'Brien r
Deputy Town clerk 1
742 Bay Road
Queensbury NY 12804-5902
RE: Town of Queensbury,Local Law 5,6 & 7,2010,filed on April 26,2010
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.
Sincerely,
State Records and Law Bureau
(518) 474-2755
WWW.DOS,STATE.NY.US • E-MAIL:INFO U@DOS.STATE.NY.US
Local Law Filing NEW YORICSTATE 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.
�i�ei'nYy .
To of-----Q UXIMSEIIIR`Y----------------------------
wn
Xmhge
Local Law No.-------5--------------------------- of the year 26-Q---
A local law__T0_T�OD L FY,.__RI S.TAT E E__AD1L REAE1221.4UF-E N.SaUR --X0WV--� --
CHAPTER 179 "ZONING" SECTION 179-4-110 ENTITLED
"UNDERGROUND UTILITIES OVERLAY DISTRICT"
Be it enacted'by the -----T—QMI._-5—QARD----------------------------------------------------------------- of the
of----------QUEENSBURY ________________ - as follows;
lbwn
1� e
SECTION 1. Queensbury Town Code Chapter 179, "Zoning", Article 4 entitled
"Schedule of Regulation"is hereby modified and restated in its entirety as follows:
§ 179-4-110. Underground Utilities Overlay District [Added 7-26-2004 by L.L. No.6-20041
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 !jtorms. 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 section is
intended to provide these benefits by requiring the placement of electric, telephone,
(If additional space is needed,attach pages lthe same size as this sheet,and numbereach.)
DOS-239(Rev.11/99) `l�
cable television and telecommunication utilities underground within the overlay
district.
B. Definitions. As used in this section, the following term(s) shall have the meanings
indicated:
UTILITY LINES — Transmission, truck 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 includes all properties located within
125 feet of the center line 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. The underground utilities shall extend and connect to existing overhead
systems located along side streets within the overlay district corridors. The first
structure of the side street overhead system must be located at a point that is one-
hundred twenty five feet (125') or greater from the overlay district roadway corridor
centerline unless otherwise approved by the Town Board. 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 telecommunications 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. [Amended April 19, 2010 by L.L. No.
5-20101
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.
(2)
t �
F. Notwithstanding any other provisions of this section, individual telephone poles or
electric poles (or similar separate and distinct utility structures) which are damaged or
destroyed due to automobile accident of natural disaster (lightning, fire, flood or the
like) may be repaired or replaced at the same or substantially similar aboveground
location at the discretion of the utility company and/or property owner bearing
responsibility for the repair or replacement. [Added 4-4-2005 by L.L. No. 1-2005]
G. The provisions of this section 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. [Added 4-4-2005 by L.L. No. 1-20051
H. The provisions of this section shall not be deemed applicable to new Utility Lines,
including lateral service upgrades to customers, proposed to be placed within the
Underground Utilities Overlay District provided 1) undergrounding has not taken place
in the location at issue and aboveground utility facilities are present, 2) any new Utility
Lines, including lateral service upgrades to customers, utilize the existing aboveground
utility infrastructure and 3) no relocation of such other existing aboveground facilities
is otherwise required. Notwithstanding the foregoing, if thereafter such aboveground
facilities must be relocated in connection with any construction project and the
provisions of this Section are therefore triggered, such facilities must be placed
underground. [Amended April 19, 2010 by L.L.No. 5-2010]
SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence,paragraph, provision 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 local law annexed hereto,designated as local law No. ------------------ of 2010-
of the�tj (T )( ) ---4UEENSBIJBY----------------------------------------- was duly passed by the
H own a of
TOW —0__--_:_ on_4_19=______ 201 ,in accordance with the applicable provisions of law.
(Nance 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(County)(City)(Town)(Yllage)of----------------------------------------------------------------- was duly passed by the
----------------------------------------------- on------------------ 20---,and was(approvedxnot approved)(repassed after.
(Name OIL egia-siveaody)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=--------- 20----,
(Ekcuve 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------
ofthe(County)(City)(Town)(Village)of------------------------- -------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20-.--,and was(approved)(not approvedxrepassed after
(Name of Leghktive Body)
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(elective chief Executive O,Qr-0)
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(generalxspecial)(annual).election held on------------------ 2t1--- ,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(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
(EkcOve Chief&ecudve Offices*)
permissive referendum and no valid petition requesting sucli 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.
(a)
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 the City of---------------------------------------------having been submitted to referendum pursuant to the provisions.of
section(36x37)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------
ofthe 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 cerdflcation.)
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.
Clakof the County kgislative bodyWhy,Town or
or offim"gmted by local legislative body
(Seal) Date: Aril 20 , 2010 -
(Certification to be executed by County Attorney,Corporation Counsel,Zbwn Attorney,'Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNWOF 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 a xed hereto.
Signature Cathi L. Radner
TOWN COUNSEL
Title
Town
of QUEENSBURY
Date: April 20, 2010
, (5)
E:L TOWN OF Q UEENSB URY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
April 22, 2010
To Whom It May Concern:
Enclosed please find copies of the following to be filed in your office.
1. Local Law No. 5, 2010, Local Law to Modify, Restate and Reaffirm Queensbury
Town Code Chapter 179, "Zoning" Section 179-4-110 Entitled "Underground
Utilities Overlay District with Zoning Map.
2. Local Law 6, 2010, Local Law to Amend Queensbury Town Code by Adding
New Chapter No. 44, Entitled, "Hotel and Motel Registered Sex Offender
Occupancy Law.
3. Local Law 7, 2010, Local Law to Amend Queensbury Town Code Chapter 179
"Zoning" Section 179-3-040 (B) (1) (a) And Section 179-3-040 (C) (1) (a)
If you have any questions please feel free to call on this department.
Respectfully,
Karen A. O'Brien
Deputy Town Cleric I
Town of Queensbury
Enc.
"HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE"
SETTLED 1763
C cam. ����►SAS
4::7t TOWN OF Q UEENSB URY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
April 22, 2010
To Whom It May Concern:
Enclosed please find copies of the following to be filed in your office.
1. Local Law No. S, 2010, Local Law to Modify, Restate and Reaffirm Queensbury
Town Code Chapter 179, "Zoning" Section 179-4-110 Entitled "Underground
Utilities Overlay District.
2. Local Law 6, 2010, Local Law to Amend Queensbury Town Code by Adding
New Chapter No. 44, Entitled, "Hotel and Motel Registered Sex Offender
Occupancy Law.
3. Local Law 7, 2010, Local Law to Amend Queensbury Town Code Chapter 179
"Zoning" Section 179-3-040 (B) (1) (a) And Section 179-3-040 (C) (1) (a)
If you have any questions please feel free to call on this department.
Respectfully,
Ck
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
Enc.
"HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE"
SETTLED 1763
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04/26/2010 $
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages(where applicable):
LL No. 5-2010 to LL No. 7-2010
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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