LL 01 Amend QSBY Town Code Rec. Fees TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
January 28, 2013
To Whom It May Concern:
Enclosed please find Local Law No. 1, 2013 Entitled Local Law to Amend
Queensbury Town Code Provisions Relating to Recreation Fee Assessments and
Adopting Schedule of Recreation Fees Payable in Lieu of Park Land Dedication that was
adopted at a Regular Town Board Meeting on January 28t1i, 2013 for your filing.
If you have any questions please feel free to contact our office.
Respectfully,
Karen A. O'Brien
Deputy Town Clerk I
Town of Queensbury
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"HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE"
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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
February 14, 2013
Karen A. O'Brien
Town of Queensbury
742 Bay Road
Queensburg, NY 12804-5902
RE: Village of Queensbury, Local Law No. 1 of the Year 2013, filed January 31, 2013
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional local law forms
may be obtained from the Department of State's website at www.dos.ny.gov.
Sincerely,
State Records & Law Bureau
(518) 474-2755
WWW.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing Albany, 12231-0001
vvww.dos.statate.ny.us/corps
(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.
❑County ❑City RTown ❑Village
(Select one.)
of QUEENSBURY
Local Law No. 1 of the year 20 13
A local law TO AMPND OUEENSRURY TOWN CODE PROVISIONS RELATING
(Insert Title)
TO RECREATION FEE ASSESSMENTS AND ADOPTING SCHEDULE
OF RECREATION FEES PAYABLE IN LIEU OF PARK LAND
DEIDIC A T 1 QN
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
❑County ❑City EjTown ❑Village
(Select one.)
of QUEENSBURY as follows:
ARTICLE 1. The Queensbury Town Board wishes to expand the applicability of the
recreation fee provisions of the Town Code to include any new dwelling units, including single-
family dwellings, duplexes or two-family dwellings, multiple-family dwellings, apartments,
condominiums, townhouses and/or manufactured or modular homes, but not including mobile
homes, in recognition of the use of the Town's recreational facilities by residents of these
dwellings. In addition, the Town Board recognizes the need to be able to increase the recreation
fee assessment from time to time in order to keep pace with increased costs and use of Town
recreational facilities.
(If additional space is needed, attach pages thelsame size as this sheet, and number each.)
DOS-0239-f-I (Rev.06112) Page 2 of 4
ARTICLE 2. Chapter 124 of the Queensbury Town Code, entitled "Parks and
Recreation Areas", is amended as follows:
A. Section 124-1, entitled "Title", is amended to read as follows:
This article shall be titled "A Local Law Providing for the Dedication of Parks or
Recreation Areas as a Condition Precedent to Site Plan, Subdivision or Planned Unit
Development Approval or Requiring Payment of a Sum in Lieu Thereof for Certain
Dwelling Units Prior to Issuance of Building Permits."
B. Section 124-3, entitled "Legislative intent; purpose" is amended by adding the
following new paragraph:
The Town Board recognizes that new dwelling units contribute to a demand for
recreational facilities. In order to provide funds for recreational areas which will benefit
these residents as well as prevent overuse of the Town's recreational facilities, the Town
Board is of the opinion that it is appropriate for a sum fixed by the Town Board of the
Town of Queensbury to be paid in connection with construction of these new dwelling
units, including single-family dwellings, duplexes or two-family dwellings, multiple-
family dwellings, apartments, condominiums, townhouses and/or manufactured or
modular homes, but not including mobile homes.
C. Section 124-4, entitled "State law and local ordinance amended and superseded"
is amended by adding the following new sentence:
Provisions relating to single-family dwellings, duplexes or two-family dwellings,
multiple-family dwellings, apartments, condominiums, townhouses and/or manufactured
or modular homes not located in a multi-family development, subdivision or planned unit
development shall not be retroactive.
D. The definition of"Assessable Dwelling Units" included in Section 124-5, entitled
"Definitions", is amended to read as follows:
ASSESSABLE DWELLING UNITS
All dwelling units on any p_plication for a Building Permit for a single-family dwelling,
duplex or two-family dwelling multiple-family dwelling, apartments, condominiums,
townhouses and/or modular or manufactured home on or after the effective date of this
Local Law, but excluding mobile homes as defined pursuant to Chapter 113 of the Town
Code.
E. The last sentence of paragraph A of Section 124-6 shall be amended to read as
follows:
Notwithstanding any approval by the Planning Board or other board or committee, no
area proposed to be dedicated to the Town pursuant to this Section shall be accepted by
2
the Town unless the Town Board of the Town of Queensbury, acting in its absolute
discretion, adopts a resolution approving of such proposed dedication of land to the Town
and authorizing the acceptance of such lands by the Town.
F. The following sentence shall be added at the end of paragraph A of Section 124-6:
In the absence of such a resolution of approval and authorizing acceptance, developer
shall pay recreation fees as provided for pursuant to paragraphs B and C of this Section.
G. The last sentence of paragraph A of Section 124-7 shall be amended to read as
follows:
Notwithstanding any approval by the Planning Board or other board or committee, no
area proposed to be dedicated to the Town pursuant to this Section shall be accepted by
the Town unless the Town Board of the Town of Queensbury, acting in its absolute
discretion, adopts a resolution approving of such proposed dedication of land to the Town
and authorizing the acceptance of such lands by the Town.
H. The following sentence shall be added at the end of paragraph A of Section 124-7:
In the absence of such a resolution of approval and authorizing acceptance, developer
shall pay recreation fees as provided for pursuant to paragraphs B and C of this Section.
I . The next-to-last last sentence of paragraph A of Section 124-8 shall be amended
to read as follows:
Notwithstanding any approval by the Planning Board or other board or committee, no
area proposed to be dedicated to the Town pursuant to this Section shall be accepted by
the Town unless the Town Board of the Town of Queensbury, acting in its absolute
discretion, adopts a resolution approving of such proposed dedication of land to the Town
and authorizing the acceptance of such lands by the Town.
J. The following sentence shall be added after the revised next-to-last sentence of
paragraph A of Section 124-8:
In the absence of such a resolution of approval and authorizing acceptance, developer
shall pay recreation fees as provided for pursuant to paragraphs B, C and D of this
Section.
K. The following new Section 124-9, entitled "Conditions precedent to approval of
certain building permits" is added and the subsequent sections are renumbered
accordingly:
§ 124-9. Conditions recedent to approval of certain building permits.
3
A. In addition to all other requirements set forth in the state statutes of the State of New
York, and/or in Chapter 178 Zoning —Subdivision Review and/or Chapter 179 Zoning of
the Queensbury Town Code, and/or other local laws of the Town of Queensbury, the
developer of any new dwelling unit or units, including a single- family dwelling, duplex
or two-family dwelling, multiple-family-dwelling, apartments, condominiums,
townhouses and/or manufactured or modular home, but not including a mobile home,
hereinafter referred to as "developer," shall pay recreation fees in an amount equal to the
assessment per dwelling unit, established by the Town Board of the Town of Queensbury
as provided for herein, multiplied by the number of assessable dwelling units, except that
the developer shall receive a credit towards the amount due hereunder if the property on
which such dwelling would be located, or any portion thereof, has been previously
subjected to review and approval by the Planning Board of the Town of Queensbury and,
as to such property or portion thereof or proposed improvements thereon, a recreation fee
was paid in the proper amount or land was dedicated to the Town specifically for a park,
playground or recreational area, pursuant to the provisions of this Article.
B. Any amounts paid pursuant to this article shall be paid to the Town Board of the
Town of Queensbury at the time that a building permit application is submitted for
construction of the principal building(s) which contain(s) the assessable dwelling unit(s).
At no time shall a building permit be issued for construction of a principal building
containing assessable dwelling units without payment of the recreation fee as required by
this article unless the proper recreation fee assessment was previously paid to the Town,
or land was dedicated to the Town specifically for a park, playground or recreational
area, pursuant to this Article.
L. Current Section 124-9 (to be re-numbered 124-10)), entitled "Establishment of
recreation fee assessment", is amended by deleting the existing text and replacing it with
the following:
The recreation fee for each Assessable Lot or Assessable Dwelling Unit, if applicable as
set forth herein, shall be in the amounts specified in a Town Fee Schedule, the creation
and establishment of which is hereby authorized. The fee schedule shall list such
recreation fees and may also list such other fees as the Town Board, in its absolute
discretion, may designate and approve from time to time by resolution. The Town Board
shall have the authority to amend the amounts of the recreation fees and any other fees,
and the Town's Fee Schedule, from time to time by resolution.
M. Current Section 124-12 (to be re-numbered 124-13), entitled "Applicability" is
amended by deleting the existing text and replacing it with the following:
The terms and provisions of this article shall apply to any subdivision plat, multiple-
family dwelling site plan or planned unit development reviewed and approved in
accordance with the provisions of Chapter 178 Zoning — Subdivision Review and/or the
provisions of Chapter 179 Zoning, and related Chapters, of the Town of Queensbury
Code, as applicable, adopted on or after October 1, 1988, including any changes or
4
amendments to such Chapters. The terms and provisions of this article shall also apply to
any single-family dwelling, duplex or two-family dwelling, multiple-family dwelling,
apartment, condominium, townhouse and/or manufactured or modular home (exclusive
of mobile homes) for which no recreation fee was paid and no land was dedicated to the
Town specifically for a park, playground or recreational area pursuant to the provisions
of this Article, and for which dwelling an application is made for a building permit
pursuant to Town Code Section 88-12, or other applicable section or chapter of Town
Code, following the effective date of this Local Law.
ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 4. All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local law are hereby repealed.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York
State Secretary of State.
5
(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 2013_of
the (2izt (Uy} (Town)(Vjktge) of QTTFFNSTG LTRY was duly passed by the
TOWN BOARD on 1 _2 R 20 13 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
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 of
the(Co unty)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith 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 (Co unty)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer")
Such local law was submitted 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
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. of 20 of
the (Co unty)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to 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.
DOS-0239-f-I (Rev.06/12) Page 3 of 4
5. (CitylocalAaw 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 cities 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, an rovas finally adopted in the anner�iicated in
paragraph �_ above.
L 2l
Clerk of the county legislative body,-Gitp--Town 44fege Clerk or
officer designated by local legislative body
(Seal) Date:
DOS-0239-f-I (Rev. 06/12) Page 4 of 4
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GENERAL 781 Elmgrove Road
oil Rochester, NY 14624
p:800/836-8834 fax:585/328-8189
email:sales@generalcode.com
01/31/2013 #286997 _-
Ms. Darleen M. Dougher: 4=..
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
----- - -- ------- -
LL No. 1-2013
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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