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LL 04 Amend Town Code Ch. 179 and rezone Lands of Brayton STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE June 10, 2011 Darleen M Dougher Town Clerk Town Office Building 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law 4 2011, filed on June 10, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, w_ww.dos.state,ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US E-MAIL:INFO@DOS.STATE.NY.US r ��'a` Law L+l]Zng NEW YOMSTATE DEPARTMENT OF STATE �(J 1 6 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. C31o'X of-------4ueenshu.iy--------------------------------------------------------------- 7bwn Vjtfge Local Law No.------------A---------------------- of the year 2011__ A local law r.Amend-_Qiieensbi=-y_TcLwxL-QQ-dL_-Qhapter_-179 "Zoning" of ---------------------------------------- f i ---------------------------------------_------------------------------------------------------------------- Be it enacted'by the _T-Q-k A_-5-QaXd--------------------------------------------------------_--_-__- of the Cif of---'----- - as follows: VWR&e SECTION 1. Queensbury Town Code Chapter 179, "Zoning," §179-5-040 entitled "Agricultural uses,"Section(D)is hereby amended as follows: §179-5-040. Agricultural uses. A. Within any ESC, Cl, CM, CLI, HI, MDR, MS, NR, NC, O, RC, or WR District,-the keeping of livestock, poultry, fowl, including but not limited to emus, lamas, alpacas, ostriches or any large or small farm animals, shall be prohibited. This prohibition shall also apply to established PUD's unless specifically noted in the adopted PUD agreement. B. Within any district other than those cited in Subsection A above, poultry, fowl or small farm animals such as sheep or goats may be kept, however, not including swine or cows, provided that: (1) The property is a minimum of five acres. (2) The animals must be housed at least 50 feet from any property lines. C. Within any district other than those cited above, large farm animals (such as horses,ponies, cows or swine) may be kept for private, noncommercial use, provided that there is a minimum of five acres for the first aimal and a minimum of two additional acres for each additional animal.The animals must be kept a minimum of 100 feet from any property line. D. Within the RR, PR and LC Districts, large farm animals such as cows, horses and swine (If additional space is needed,attach pages the same size as this sheet,and number each.) T)01,-7.39(Rev.11/99) (1) ' may be kept,provided that there is a minimum of 10 acres. SECTION 2. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zone for a parcel of property located at 237 Fuller Road from MDR to Land Conservation (LC) — 10 Acres such property bearing Tax Map Parcel No.: 300.16-1-6. SECTION 3. The Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. 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 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 Iocal legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. _____4----------------------------- of 20__I-a_ of the( _qJyX (Town)W e)of---Qutxtinsb_v r X---------------------------------------- was duly passed by the ._____--__-T_CLWJi_'B4Xaxt3.----------------- on----f..fi=______ 201_1-,in accordance with the applicable provisions of law. (Name of f coladve 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 Iocal law No------------------------------------ of 20------ Of the(County)(City)(Town)(ViIlage)of-----------------------------------------------_---------------- was duly passed by the ----------------------------------------------- on ------------------ 20-,-,and was(approvedxnot approved)(repassed after. (Name ofbegi:lotive-Body) disapproval)by the-----------------—_----------------------------- and was deemed duly adopted on ---- __ 20_(Eked-(Ekca Chief Exeaadve O�icere) ------------ 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)('Ibwn)(Village)of-----------------—--------------------------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----,and was(approved)(not approvedxrepassed after (Nmae ofteaidad_Bady) disapproval)by the--------------------------------------—---_---- on------------------- 20.---. Such local law was submitted (Elective CblefEumtwe OBrcere) to the people by reason of a(mandatory)(pennissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual).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 riled requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 20------ ofthe(County)(City)(Town)(vllage)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 C6ie1&ecutive Officer*) " permissive referendum and no valid petition requesting such 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. OW 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 origins ocal law,and was dopted' the manner in- dicated in paragraph-a--------,above. l Clerk of the County legislative body,.W Town orRMW or offl=designated by local le&iative 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 COUNrYOF WarrAn 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. Ste' Cat_h L. Radner, Esq. Town Counsel Title t t 9PIX Of Q»PpnGhlir,= Town Date: June 7, 2011 fz, m rq _a m m co Postage $ C3 Certified Fee '�' O Return eq Postmark t Fee Here (Endorsementt Required) EM Restricted Delivery Fee r-1 (Endorsement Required) r1J Total Postage&Fees , rt_l LC3 Se Street,Ap.No.; F---sA-pk�----- or PO Box No. ------------ C, ,State,ZIP+4 PS Form 3800,Junc 2002 See Reverse for Instruction � i COMPLETE •N COMPLETE THIS SECTIONDELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. ❑Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by fi3d ) - k ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Service Type StOertift —j Mail ,"3 r ❑Registered I ❑Retu Cl rn ReceiPt for Merchandise ❑insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 2410 0000 8331 6573 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02•M-1540