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LL 01 Temp. Moratorium on Res. Multifamily Const. Bay Rd Office Dis. I 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 18, 2015 Rose Mellon Deputy Town Clerk II 742 Bay Road Queensbury NY 12804-5902 RE: Town of Queensbury, Local Law 1 2015, filed on February 17, 2015 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 VWVW.DOS.NY.GOV E-MAIL:INFOLDOS.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, at 12231-0001 www.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 Queensbury Local Law No. 1 of the year 20 15 A local law To Establish A Temporary Six( 6) Month Moratorium on Residential (Insert Title) Multifamily Construction In The Bay Road Office District Be it enacted by the Town Board of the (Name of Legislative Body) ❑County []City [Town ❑Village (Select one.) of Queensbury as follows: SECTION 1. Title and Authority. The Town of Queensbury hereby enacts a temporary, six (6) month moratorium on residential multifamily construction within the Bay Road Office District. This Local Law is adopted in accordance with Municipal Home Rule Law §10 and shall be as follows: A. Purpose. This moratorium is adopted for at least two (2) reasons. First, a recent engineering study has confirmed that the sewer capacity along Bay Road is limited and that, after current proposed approved build-outs occur, further development would likely require costly additional sewer infrastructure investments. Complementing this consideration is the fact that residential uses typically have more demand on sewer capacity than commercial uses. Second, there is concern over the diminishing of the desired commercial development that the town has historically fostered, especially along the Bay Road corridor, and that multifamily uses overly consume properties that would otherwise be used commercially; and there exist studies that demonstrate that commercial uses bring jobs, help reduce taxes and require less in governmental services than (if additional space is needed,attach pages the same size as this sheet, and number each.) DOS-02394-1 (Rev.06/12) ( 1 ) Page 2 of 4 residential uses. Therefore, the Town Board has significant concerns regarding the potential impacts of growth and development, particularly as they pertain to sewer capacity, in the Bay Road Office District and believes that this moratorium is necessary in order to allow the Town Board time to study these issues and consider amendment of our Local Laws regulating residential multifamily development in this area. B. Moratorium. The Town of Queensbury hereby imposes a moratorium on site plan review and subdivision applications regarding residential multifamily properties located in the Town of Queensbury's Bay Road Office District through August 9t', 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. This moratorium shall apply to any site plan review and/or subdivision applications which have not been approved by the Town of Queensbury Planning Board prior to the effective date of this Local Law. C. Extensions. This moratorium may be extended for such additional periods as the Town Board may determine to be necessary to protect the public health, safety and welfare to the citizens of the Town of Queensbury. D. Termination. This moratorium shall be terminated earlier than August 9 h, 2015 upon enactment of any local legislation which adopts an updated Town of Queensbury Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. SECTION 2. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by law. ( 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 local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ' of 20 15 of the O&K0tMAWX9J(Town)(\XXX% of Oii nsb )z was duly passed by the on FebruaYyr 9.20 15 , in accordance with the applicable (Name of Legis a 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)(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 (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) ( 3) Page 3 of 4 C 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 officp d that the same is a correct transcript therefrom and of the whole of such original local law, s finally adopt d in thp manner indicated in paragraph . above. - Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: ( 4) DOS-0239-f-I (Rev.06/12) Page 4 of 4 RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2015 TO ESTABLISH TEMPORARY MORATORIUM ON RESIDENTIAL MULTIFAMILY CONSTRUCTION WITHIN BAY ROAD OFFICE DISTRICT RESOLUTION NO.: 67,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 1 of 2015 entitled, "A Local Law to Establish a Temporary Moratorium on Residential Multifamily Construction in the Bay Road Office District" which Law shall authorize a temporary, six (6) month moratorium on site plan review and subdivision applications regarding residential multifamily use properties located within the Town of Queensbury's Bay Road Office District through July 26th, 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor,whichever date comes first, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, on or about January 22"d, 2015 the Warren County Planning Department considered the proposal, determined that it involved local issues without any significant impacts on Warren County properties and therefore recommended no County impact, and WHEREAS, on or about January 27th, 2015, the Queensbury Planning Board considered the proposal and adopted a Resolution whereby it would recommend careful review of projects as currently practiced and develop a plan for sewer expansion in anticipation of future needs versus establishing a moratorium, as well as to meet with the Town Board to review concerns concerning the temporary moratorium, and �� s WHEREAS, the Town Board duly held public hearings on Monday, January 26`h and Monday, February 9th, 2015 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2015 "A Local Law to Establish a Temporary Moratorium on Residential Muliifamily Construction in the Bay Road Office District"which Law shall authorize a temporary, six (6)month moratorium on site plan review and subdivision applications regarding residential multifamily use properties located within the Town of Queensbury's Bay Road Office District through August 9th, 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor,whichever date comes first, 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 9th day of February, 2015,by the following vote: AYES : Mr. Clements, Mr. Irish, Mr. VanNess,Mr. Strough, Mr. Metivier NOES : None ABSENT: None o O = ' For delivery information visit our website at WWW.Usp$.COM& it a �- Postage $ FT Certified Fee C:J Postmark Q Return Receipt Fee Here p (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) fU Total Postage&Fees fU t To r-I d Street,Apt No.; or PO Box No. r` - ------- -------- —-----� n `' �- i---------------- Citj ZtP+4 a L- PS Form 3800,Au ust 2006 See Reverse for Instructions r 0" m m tr 0 Pt 7 Postage $ f Ir II Certified Fee C3 Postmark la Return Receipt Fee p (Endorsement Required) Here O Restricted Delivery Fee Q (Endorsement Required) r-1 rU Total Postage&Fees $ t ruru S t To �* �' --- o ------ S a Street,Apt.No.; or PD Box No. �C" y City,State,ZIP+4 "'" ""' f t Z! :90 August 2006 See Reverse for Instructior SENDER- SECTION ■ Complete items 1,2,and 3.Also complete A sIre item 4 if'4�estricted Delivery is desired. 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Article Number 7 012 2 210 0000 9409 3400 (Transfer from service label) —3811,July 2013 Domestic Return Receipt Nook • nat+�; • fete >` . 21 and 3.Also comp fate items 1 d pefivery is desired' printed Namef s Comp on the reverse B Received by item 411 Restricted d address to you « t Print your namereturn the card ail iece, �6 .�" Vtl 1 so that we can to the back of them p D.is delivery address this card permits- It YEs,enter delivery address beVow: pttac the front if space or on � t, Article Addressed to: Mail Express erchandise f r Cy.• 3rvice C7 P fYP fait® rior�tY 0� _ Certified R,turn Receipt for M 2.. ;��'� 3 Registered Cl coileCt on Delivery Mall Yes f insured Deifvery� ��fee) � 4. Restricted 39� �nao �,4og 3 70 22113 2. Article Number eturn Receipt (transfer from Serylce labeo Domestic R 3811,Suit'2013 GENERAL 781 Elm'gr(� Road - - Rochester, N n14624', p:8001836-8834 fax:5A5L328-8189 F email:sales@generalcode.corn A34 02/17/2015 #305366 I Ms. Caroline H. Barber: The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): LL Ido. 1-2015 t t 4 r Town of Queensbury 742 Bay Road i Queensbury, NY 12804 f�2}fl�illlt�li l�illltFtf�{fll�it�ll�#Ikt�IIFI(titiftllil�t jl�tf� t tIII