LL 02 Parkland/Rec Zones (PR-42) West Side on I-87 to (PR-10) STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES
GOVERNOR ALBANY, NY 12231-0001 SECRETARrOFSTATE
March 25, 2013
Miss Darleen M Dougher
Town Clerk
742 Bay Road
Queensbury NY 12804-5902
RE: Town of Queensbury, Local Law 2 2013, filed on March 25, 2013
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 474-2755
WWW.DOS.NY.GOV E-MAIL:INFOa@DOS.NY.GOV
v
RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2013 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REZONE
ALL PARKLAND/RECREATION ZONES- FORTY TWO ACRES (PR-42)
THAT LIE ON THE WEST SIDE OF NYS INTERSTATE I-87 TO
PARKLAND/ RECREATION ZONES- TEN ACRES (PR-10)
RESOLUTION NO.: 143,2013
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2013 to
amend Queensbury Town Code Chapter 179 entitled"Zoning,"to rezone all Parkland/Recreation—
Forty-Two Acre Zones (PR-42) that lie on west side of NYS Interstate I-87 to Parkland/Recreation
—Ten Acre Zones (PR-10), and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and Town Law Article 16,and
WHEREAS, on or about March 1st, 2013, the Warren County Planning Office considered
the proposed rezoning and recommended"no county impact,"and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in
form approved by Town Counsel, and
WHEREAS, the Town Board duly held a public hearing on Monday, March 18t", 2013 and
heard all interested persons, and
1
WHEREAS, as State Environmental Quality Review Act (SEQRA) Lead Agency, the
Town Board has reviewed a Full Environmental Assessment Form to analyze potential
environmental impacts of the proposed Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law,
reviewing the Full Environmental Assessment Form and thoroughly analyzing the Local Law for
potential environmental concerns, determines that the Local Law will not have a significant effect
on the environment and the Town Board hereby authorizes and directs the Town Supervisor to
complete the Full Environmental Assessment Form by checking the box indicating that the
proposed action will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves a State Environmental Quality Review Act
(SEQRA) Negative Declaration and authorizes and directs the Town Clerk's Office and/or
Community Development Department to file any necessary documents in accordance with the
provisions of the general regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law,
reviewing information from the 2007 Town of Queensbury Comprehensive Land Use Plan along
with the 2003 Open Space Vision Plan and thoroughly analyzing the Local Law for consistency,
determines that the Local Law is consistent with the strategies and recommendations of these two
documents and that together with this Local Law the Town Board is also, separately, actively
pursuing opportunities, with the City of Glens Falls and others, to continue to provide open spaces
and recreational opportunities, not only on the lands subject to this Local Law, but throughout the
Town and that the Local Law supports and continues to allow for the preservation of the natural
2
resources in the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2013 as
presented at this meeting to amend Queensbury Town Code Chapter 179 entitled "Zoning," to
rezone all Parkland/Recreation — Forty Two Acre Zones (PR-42) that lie on west side of NYS
Interstate I-87 to Parkland/Recreation—Ten Acre Zones (PR-10), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State.
Duly adopted this 18`h day of March 2013,by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES None
ABSENT: None I,Darleen M.Dmigher,Town Clerk of the Town of Queenshury.Warren County,
New York,do 1, ri , r- i:fY that I have compared the foregomc. ,� ,!;the
original ies, 1, :brave adopted at a � mp-,,
of the Town r,' .. ,u of("T! ,ensbury held on the /Q
z1 .vhich a quorum vra:. r ;i , .
same is a ccc^i— erei um and of the whole ori,,,,,
to date,
IN W1 J i Lave heieto set my hand and the SLAL;
of Queensb c y -,,u / 9day of k;i Q cam.`- a 13
y
3
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing vvwAlbany, 12231-0001
w.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 K]Town ❑Village
(Select one.)
of Town of Oueensbury
Local Law No. 2 of the year 2013
A local law To Amend Queensbury mown (,ode ('hapt-pr 179 "7.QNTN(;" To
(Insert Title)
RP7nne Al 1 Parkl and./garra;;t-i nn zones — FnrtV Twn Acres
(PR-42 ) That Lie On the West Side Of NYS Interstate I-87
To Parkland/Recreation Zones - Ten Acres (PR-10 )
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City mown ❑Village
(Select one.)
Of Qu t-i-n Gh„r�r as follows:
SECTION 1. Queensbury Town Code Chapter 179, "Zoning," §179-3-040 entitled
"Purpose and establishment of zoning districts," subsection A(6)is hereby amended as follows:
§ 179-3-040. Establishment of zoning districts.
The zoning districts established by this chapter, subject to future amendment, including an
aggregate of all of the area of the Town, are and shall be as follows:
A. Residential Districts.
(6) Parkland Recreation PR-42A and PR-10A. The PR Districts encompass
areas where lands are controlled by municipalities and are set aside for the
protection of natural resources or recreational activities and which can
support minimal development or low-impact land uses of very low densities.
This area of the Town is described in the "Neighborhoods" section of the
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-I (Rev.06/12) Page 2 of 4
Comprehensive Plan, adopted on August 6, 2007, and this district remains
unchanged from what was provided under the 2002 Zoning Law.
(a)Uses allowed. The uses allowed in this district are set forth on Table 2
of this chapter.
(b) Dimensional requirements. All uses in this district must comply with
the requirements of Table 1 of this chapter and as follows (Note that
all are minimum requirements except density and building height
which are maximum restrictions.):
[1] Density: 42 acres per principal use/structure.
[2] Front yard setback: 100 feet.
[3] Side yard setback: 100 feet.
[4] Rear yard setback: 100 feet.
[5] Shoreline/stream/wetland setback: 150 feet.
[6] Lot width: 800 feet.
[7] Lot depth: 800 feet.
[8] Road frontage: 400 feet.
[9] Water frontage: 800 feet.
[10] Building height: 35 feet.
[11] Percent permeable: 90%.
(c) Subdivision requirements.
[1] Minimum area for conservation subdivision: 210 acres.
[2] Design standards and requirements: as set forth in § 179-4-010 of
Article 4.
(d)Nonresidential development standards. The standards and requirements
set forth in Article 4 of this chapter shall apply to all nonresidential
uses in this district where applicable.
SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Table 1 entitled "Summary
of Allowed Uses in Residential Districts" is hereby amended as attached and made part of this Local
Law,to add "PR-10A"under the section entitled "Parkland/Recreation."
SECTION 3. Queensbury Town Code Chapter 179, "Zoning," Table 4 entitled "Summary
of Dimensional/Bulk Requirements" is hereby amended as attached and made part of this Local
Law,to add the section and references pertaining to"PR-10A."
SECTION 4. The Town Zoning Map of the Town of Queensbury shall be changed so that
all properties currently zoned Parkland Recreation PR-42A and are located on the westerly side of
NYS Interstate 1-87 shall now be, as of the effective. date of this Local Law, Parldand Recreation
PR-10A.
SECTION 5. 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 6. 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 7. 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.
(Complete the certification in the paragraph that applies to the filing of this local law and
J 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. 2 of 20 13 of
the (CRWO y)(Town)(1Ydiaglg) of nnaanshnry was duly passed by the
on 3-1 8— 20 13 , in accordance with the applicable
(NameLegl o sla ive o y)
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 (COunty)(C(ty)(Town)(Viiiage) of d b `h
v"vuS duly pcaSSc by u
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 u nty)(C ity)(Town)(Vi I lage)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 (County)(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. (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 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 was finally adopted in the anner indicated in
paragraph ,�_ above. //��,,
')""'- A10
/"t.
Clerk of t e county legislative body, &ty, Tow or VII aga- rk or
officer designated by local legislative body
(Seal) Date: 3_1q_2 01 3
DOS-0239-f-I (Rev.06/12) Page 4 of 4
r
a
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _ OF 2013 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 179 "ZONING" TO REZONE ALL PARKLAND/
RECREATION ZONES - FORTY-TWO ACRES (PR-42) THAT
LIE ON WEST SIDE OF NYS INTERSTATE I-87 TO
PARKLAND/ RECREATION ZONES - TEN ACRES (PR-10)
RESOLUTION NO.: 125,2013
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _of 2013 to
amend Queensbury Town Code Chapter 179 entitled"Zoning,"to rezone all Parkland/Recreation—
Forty-Two Acre Zones (PR-42) that lie on the west side of NYS Interstate I-87 to
Parkland/Recreation—Ten Acre Zones(PR-10), and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law§10 and Town Law Article 16, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this
Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, March 18"',
2013 to hear all interested persons and take any necessary action provided by law concerning
proposed Local Law No.: of 2013, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of
2013 in the manner provided by law and send the Notice of Public Hearing to the Glens Falls City
Clerk, Clerk of the Warren County Board of Supervisors, Warren County Planning Department
and other communities or agencies that it is necessary to give written notice to in accordance
with New York State Town Law §265, the Town's Zoning Regulations and the Laws of the State
of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren
County Planning Department for its advisory recommendation and directs the Community
Development Department to take all actions necessary to effect such referral, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for State
Environmental Quality Review Act (SEQRA) review of this project and directs the Department of
Community Development to notify any other Involved Agencies, and
BE IT FURTHER,
RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed
Local Law after the public hearing at its Monday, March 18th, 2013 meeting.
Duly adopted this 25th day of February, 2013,by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: Mr. Montesi
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH A RESOLUTION DULY
ADOPTED BY THE QUEENSBURY TOWN BOARD ON MONDAY, FEBRUARY 25TH, 2013
THAT A PUBLIC HEARING WILL BE HELD ON MONDAY, MARCH 18TH, 2013 AT 7:00
P.M. IN THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT
WHICH HEARING ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE
HEARD CONCERNING ADOPTION OF PROPOSED LOCAL LAW NO.: OF 2013 TO
AMEND QUEENSBURY TOWN CODE CHAPTER 179 ENTITLED "ZONING." THE
PROPOSED LAW WOULD AMEND LANGUAGE IN THE TOWN CODE TO REZONE ALL
PARKLAND/RECREATION - FORTY-TWO ACRE ZONES (PR-42) THAT LIE ON THE
WEST SIDE OF NEW YORK STATE INTERSTATE I-87 TO PARKLAND/RECREATION -
TEN ACRE ZONES (PR-10). THIS LEGISLATION IS AUTHORIZED BY NEW YORK
STATE MUNICIPAL HOME RULE LAW §10 AND TOWN LAW ARTICLE 16.
TO OBTAIN FURTHER INFORMATION OR COPIES OF THE PROPOSED LOCAL
LAW, PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD,
QUEENSBURY(518) 761-8234 DURING NORMAL BUSINESS HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: MARCH 8,2013
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY
. i
LOCAL LAW NO.: OF 2013
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO CONVERT ALL
PARKLAND/RECREATION ZONES—FORTY TWO ACRES (PR-42) THAT
LIE ON THE WEST SIDE OF NYS INTERSTATE I-87 TO
PARKLAND/RECREATION ZONES—TEN ACRES (PR-10)
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 179, "Zoning," §179-3-040 entitled
"Purpose and establishment of zoning districts," subsection A(6) is hereby amended as follows:
§ 179-3-040. Establishment of zoning districts.
The zoning districts established by this chapter, subject to future amendment, including an
aggregate of all of the area of the Town, are and shall he as follows:
A. Residential Districts.
(6) Parkland Recreation PR-42A and PR-IOA- The PR Districts encompasses
areas where lands are controlled by municipalities and are set aside for the
protection of natural resources or recreational activities and which can
support minimal development or low-impact land uses of very low densities.
This area of the Town is described in the "Neighborhoods" section of the
Comprehensive Plan, adopted on August 6, 2007, and this district remains
unchanged from what was provided under the 2002 Zoning Law.
Note: Language in hold italics is new language to be added;
Language with Fine d,.a.,,., through is old language to be deleted.
1
(a) Uses allowed. The uses allowed in this district are set forth on Table 2
of this chapter.
(b) Dimensional requirements. All uses in this district must comply with
the requirements of Table 1 of this chapter and as follows (Note that
all are minimum requirements except density and building height
which are maximum restrictions.):
[1] Density: 42 acres per principal use/structure.
[2] Front yard setback: 100 feet.
[3] Side yard setback: 100 feet.
[4] Rear yard setback: 100 feet.
[5] Shoreline/stream/wetland setback: 150 feet.
[6] Lot width: 800 feet.
[7] Lot depth: 800 feet.
[8] Road frontage: 400 feet.
[9] Water frontage: 800 feet.
[10] Building height: 35 feet.
[11] Percent permeable: 90%.
(c) Subdivision requirements.
[1] Minimum area for conservation subdivision: 210 acres.
[2] Design standards and requirements: as set forth in § 179-4-010 of
Article 4.
(d)Nonresidential development standards. The standards and requirements
set forth in Article 4 of this chapter shall apply to all nonresidential
uses in this district where applicable.
SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Table 1 entitled "Summary
of Allowed Uses in Residential Districts" is hereby amended as attached and made part of this Local
Law, to add"PR-10A"under the section entitled"Parkland/Recreation."
Note: Language in bold italics is new language to be added;
Language with line draw tIffough is old language to be deleted.
2
SECTION 3. Queensbury Town Code Chapter 179, "Zoning," Table 4 entitled "Summary
of Dimensional/Bulk Requirements" is hereby amended as attached and made part of this Local
Law,to add the section and references pertaining to"PR-10A."
SECTION 4. The Town Zoning Map of the Town of Queensbury shall be changed so that
all properties currently zoned Parkland Recreation PR-42A and are located on the westerly side of
NYS Interstate I-87 shall now be, as of the effective date of this Local Law, Parkland Recreation
PR-10A.
SECTION 5. 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 6. 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 7. 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.
Note: Language in bold italics is new language to be added;
Language with line a,.,,.,.,, thfough is old language to be deleted.
3
GENERAL 781 Elmgrove Road
Rochester, NY 14624
p 800/836-8834 fax:585/328-8189
email:sales@generalcode.com
03/21/2013 #288179
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where appiicab!e):
LL No. 2-2013
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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