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LL 06 Amend Code 107 Lawn Fertilzer and Pesticide Runoff Control Law TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 November 17, 2014 New York Department of State One Commerce Plaza 99 Washington Avenue Albany,NY 12231-001 Enclosed please find a copy of Local Law No, 6, 2014 To Amend Queensbury Town Code Chapter 107 Entitled"Lawn Fertilizer And Pesticide Runoff Control Law" for your filing that was adopted at a Regular Town Board Meeting on November 17th, 2014. If you have any questions please feel free to contact our office. Respectfully, Karen A. O'Brien Deputy Town Clerk I Town of Queensbury Enc. "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 7 W to 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 November 20, 2014 Karen A O'Brien Deputy Town Clerk ' 742 Bay Road Queensbury NY 12804-5902 RE: Town of Queensbury, Local Law 6 2014, filed on November 20, 2014 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) 473-2492 WWW.DOS.NY.GOV E-MAIL:INFOU@DOS.NY.GOV e New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing wwAlbany, 12231-0001 w.dos.state.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 ®Town ❑Village (Select one.) of oueensbury Local Law No. 6, of the year 20 14 A local law To Amend Queensbury Town Code Chapter 1 07 (Insert Title) Entitled '.'LawTI Fertilizer And Pesticide Runoff Control Law" Be it enacted by the mown Board of the (Name of Legislative Body) ❑County ❑City [jTown ❑Village (Select one.) Of C)iippmssbury as follows: A. Town Code Section 107-3 is hereby replaced with the following: §107-3 Intent. The intent of this Chapter is to better regulate land use management practices, specifically by limiting water body exposure to nitrates, phosphorus compounds and pesticide-related chemicals, to reduce water body contamination, improve water body ecosystem integrity and assure healthier human, animal and plant habitats. This Chapter applies to shores of Glen Lake, Lake Sunnyside, and the portion of Lake George within the Town of Queensbury as well as all natural streams, tributaries, springs and wetlands within that portion of the Lake George Watershed located within the Town of Queensbury. B. Town Code Section 107-4 is hereby amended to include the following definition in alphabetical order: REGULATED WATER BODY (If additional space is needed,attach pages the same size as this sheet, and number each.) DOS-02394-1 (Rev.06112) ( 1 ) Page 2 of 4 The waters of Glen Lake, Lake Sunnyside, Lake George and shall also include all natural streams, tributaries (whether perennial or intermittent), springs and wetlands located within the Town of Queensbury and also located within the Lake George Park as defined in New York Environmental Conservation Law § 43-0103 (1). C. Town Code Section 107-5 (A) is hereby replaced with the following: A. No person shall, whether knowingly or negligently by virtue of insufficient control, apply or authorize any person by way of service contract or other arrangement to apply, any lawn fertilizer on vegetation within fifty feet (50') of any Regulated Water Body within the Town of Queensbury. D. Town Code Section 107-5 (B) is hereby replaced with the following: B. No person shall, whether knowingly or negligently by virtue of insufficient control, apply or authorize any person by way of service contract or other arrangement to apply, any lawn fertilizer on any privately-owned impermeable surface that directs stormwater flow into any Regulated Water Body. E. Town Code Section 107-5 (C) is hereby replaced with the following: C. Only lawn fertilizer labeled as containing no phosphorus (or other compound containing phosphorus, such as phosphate) may be applied fifty feet (50') or more from any Regulated Water Body, provided that such use not violate the prohibition set forth in New York State Environmental Conservation Law Section 17-2103 (3). Fertilizer use beyond fifty feet (50') of any Regulated Water Body must comply with all applicable provisions of State Law including Article 17, Title 21 of the New York State Environmental Conservation Law. F. Town Code Section 107-5 (D) is hereby repealed. D.Fef lizeF use ve]vdc0feet of+r a shorelines of Glen Lake, Take StHH"'ysi e a a bake Geer-ge are not r-egula4ed by this law. G. Town Code Section 107-5 (E) is hereby amended as follows: D. No person shall, whether knowingly or negligently by virtue of insufficient control, apply or authorize any person by way of service contract or other arrangement to apply lawn fertilizer to any impermeable surface including parking lots, roadways, and sidewalks anywhere within the Town. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or other appropriate vegetation or placed in an appropriate container and properly disposed of. H. Section 107-7 (D) is hereby replaced with the following: (D) Application of lawn fertilizer where a continuous natural vegetative buffer, at least fifteen feet (15') wide, exists between the turf or lawn area where the application is to occur and any Regulated Water Body or an impermeable surface. This buffer must ( 2) conform to the requirements of Town Code §179-8-040. — Shoreline Buffers. This Local Law will also apply to the Town Code §179-8-040 Buffer Area. ARTICLE 2. 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 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. ARTICLE 4. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. ( 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. b� of 20 14 of the (CARgJdJ (Town)(\)�" of Qiiepnchil -y was duly passed by the ard on 1 1 /1 7/ 20 1 4 in accordance with the applicable (Name o Legis a eveBody) 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)(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 (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 (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(genera l)(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. ( 4 ) DOS-0239-f-I (Rev.06/12) Page 3 of 4 S. (6ty 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 t . e and that the same is a correct transcript therefrom and of the whole of such original local I nd was nally adopt in the manner indicated in paragraph . 1 above. "'X4 Clerk of the county legislative bo , City, Town or Village Clerk or officer designated by local legislative body (Sea/) Date: IH 9 -4 DOS-0239-f-I (Rev.06/12) Page 4 of 4 ( 5) CO E .. 0 Postage $ fU p Certified Fee CO Postmark p Return Receipt Fee Here (Endorsement Required) M Restricted Delivery Fee Q' (Endorsement Required) m C3 Total Postage&Fees $ . L) O e To Street,apT.N�o.: or PO Hox No. State,ZIP+4 .... .A_. - nu 1-i4a • � r ru r'- For delivery Information visit our website at www.usps.come ru Er Postage $ Q-' Certified Fee C3 Postmark C3 R41Wn Receipt Fee Here r3 (Endorsement Required) M R sled Delivery Fee (End�sement Required) rUU Total Postage&Fees \ I fU e._ Sept TO nj Street Apt.No.; or PO Box No c �cS. - - -- City,stare,Zf a Y, t lay 3 PS Form 3800,Augist ,r. ■ Complete items 1,2,and 3.Also complete 7A.. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse t ������[[[ ❑Addressee so that we can return the card to you. Received by(Printed Name) C. Date 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 1? ❑Yes 1. Article Addressed to: If YES,enter delivery addrQssJaobawRr,^ No j�r�dES�BRAN i Service T prtified Mail ❑Express Mail ❑fi�gistere or Me handise l� ►day t ❑ r ,N_I r.;. }46', , '- 4 R.Wk ❑Yes 2. Article Number 7005 0390 0002 9054 4981 (fransfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3.Also complete 7A. a7ture �r�� ✓� item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse - ❑Addressee so that we can return the card to you. ived by(Printed ipey>i , very ■ Attach this card to the back of the mailpiece, �� �/ ITIVITIP-1 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No 0� tr"e 3. Service Type `^ E3 Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Transfer from service label) ?012 2 212 0000 9409 2?2 4 PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-1540 GENERAL 781 Elmgrove Road rent Roch p:800/836-8834 fax:5851328-8189 email:sales@generalcodTvWf-jFr "Tf Y PN1 `; _ 12/18/2014 #303702 Ms. Caroline H. Barber: The following material has been received and will be processed for n inclusion i your Code as supplemental pages (where applicable): --------------- -- ----- ------ LL No. 6-2014 Town of Queensbury C/O Clerk's Office 742 Bay Road a ,, trt nsbu�, NY 12804