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LL 02 Town Code Ch.179 "Zoning" Relating to Water Extraction & Transport STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 CESAR A. PERALES WWW.DOS.NY.GOV SECRETARY OF STATE April 27, 2015 Town Clerk 742 Bay Road Queensbury NY 12804-5902 RE: Town of Queensbury, Local Law 2 2015, filed on April 27, 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 NEWYORK Department SFATE OF OPPORTUNITY_ of State 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, NY 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 OVillage (Select one.) of Queensbury Local Law No. 2 of the year 20 15 A local law To Amend Queensbury Town Code Chapter 1 79 (Insert Title) "Zoning" Relating to Water Extraction and Transport Be it enacted by the Town Board of the (Name ofLegis/afive Body) ❑County ❑City ]Town ❑Village (Select one.) of Queensbury as follows: Section 1. Intent; Authority — The Town Board acknowledges the absence of any explicit definition of `Water Extraction' or such use of land within Chapter 179 of the Town Code and wishes to exercise its legislative authority to provide for and regulate such land use within the Town. The Town Board recognizes that the extraction of water has occurred for over 125 years on the lands of the City of Glens Falls watershed (the largest landowner within the Town). The extraction of water for on-site residential, industrial, commercial or agricultural water use is not governed by this section. This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 2. Amendment of Zoning Law—Chapter 179 of the Queensbury Town Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: (If additional space is needed,attach pages the same size as this sheet, and number each.) DOS-02394-1 (Rev.06/12) 1 of 6 Page 2 of 4 A. Paragraph C. of Section 179-2-010, entitled "Definitions and word usage" is amended as follows: (1) The following new definition of"Water Extraction"is added: WATER EXTRACTION - means withdrawal, removal, diversion, taking, or collection by any means of water from ground water sources, aquifers, springs, wells, pumps, or similar, and including the infrastructure associated with the water extraction process necessary for its withdrawal and transport offsite. Water Extraction as herein defined does not include the withdrawal of water for on-site uses. B. Article 9, entitled"Site Plan Review" is amended as follows: (I) by adding new Section 179-9-085, entitled "Specific standards", together with the following new subsections: A. Water Extraction applicants shall submit a full site plan review application in conformity with the requirements established by the Town. B. Water Extraction applicants shall provide evidence of fee title ownership of a minimum of 200 contiguous acres within a Land Conservation zone by submission of copies of filed deeds with the application. C. The Town Board of the Town of Queensbury shall establish a non- refundable application fee which shall be provided by Water Extraction applicants at the time of submission. D. Water Extraction applicants shall provide: a copy of a Water Withdrawal Permit from the New York State Department of Environmental Conservation pursuant to Part 601 of the Department's Published Regulations issued pursuant to Environmental Conservation Law Article 15; a copy of an application for such permit or modification thereof; or sufficient evidence that such permit is not required, together with such additional evidence and proof as may be required by the Planning Board of the Town of Queensbury as determined by its review of the submission. E. Upon review by the Planning Board of the Town of Queensbury, the Water Extraction applicants shall provide a statement of the maximum daily quantity of water proposed to be extracted, from all extraction points identified by the applicant, the specific location of the identified extraction points, the method of extraction and copies of any permits (applied for or existing), approvals or denials issued by any state or federal agency having jurisdiction of the extraction method, including the New York State Department of Health, as may be applicable, the hours of operation, projected traffic volumes relative to the water volumes proposed to be extracted, projected noise volumes, area lighting 2 of 6 proposed for the site and any other similar site conditions as may be required by the Planning Board. F. Water Extraction applicants shall provide the Planning Board of the Town of Queensbury with a copy of an independent report issued by a qualified professional of a hydrogeological investigation and study which addresses at least the following: (1) The rates of draw down and recharge of any aquifer or other ground water source as may have been established by a pumping or "stress test" or other similar testing regimen accordance with accepted standards within the geology and engineering professions. (2) The characteristics of the aquifer or other ground source, including rates of draw down and recharge, sustainable extraction rates, aquifer boundaries, recharge areas, impacts on the water table, and impacts on any and all existing water bodies including but not limited to lakes, ponds, rivers, streams, and wetland areas and private wells or other existing extraction locations within the zone of contribution. (3) Possible effects on the aquifer or other ground water resources which might result in the disturbance of existing minerals such as, but not limited to, iron, manganese, arsenic, and uranium, and any health hazards raised by such disturbance(s) or other impacts including issues such as drinking water turbidity, clarity, and aroma. (4) Proposed extraction volumes shall be sustainable as demonstrated by the study based upon the applicant's land holdings being significant enough to produce sustainable draw of at least the proposed amount from the applicant's proportional land holdings. G. Water Extraction applicants shall include on the site plan the location of all water bodies located within 500 feet of the extraction point, the precise surveyed location of the extraction point, the existing network of roadways in the vicinity of the extraction point, any proposed new roadways, and any other relevant and material detail(s) bearing on the proposed extraction process the omission of which would tend to hinder the ability of the reviewing authority, affected land owners or the public from developing a full understanding of the scope and impact of the proposal. H. The Planning Board of the Town of Queensbury shall properly notice and conduct a Public Hearing convened for the purpose of reviewing the application in conformity with the general requirements of site plan review. The Planning Board shall be entitled to adopt whatever procedural rules for the hearing, including the 3 of 6 imposition of reasonable time limits for the presentations of the applicants, opponents if any, and the general public, it deems appropriate, fair, and reasonable calculated to afford a full consideration of the issues pertaining to the application. I. Water transport vehicle access to the extraction site for loading purposes shall occur in such a manner as to safeguard against hazards to traffic and pedestrians on adjacent streets or roads; avoid traffic congestion and traffic safety hazards, or other safety risks identified by the review process. J. Water transport vehicle traffic shall be designed so as to not exceed the capacity of existing town roadways or cause premature failure, aging or diminished utility of those roadways. Site plan approval may be conditioned upon tender of appropriate financial security or direct payment sufficient to repair or improve degraded roadway conditions proximately caused by the water transport vehicle traffic. K. Water extraction points shall be located no closer than One Thousand (1000) feet from the nearest residence. This provision is only applicable to water extraction and transport off-site and is not applicable to on-site residential, industrial, commercial or agricultural purposes. L. Water Extraction Points shall be selected to minimize impact upon the environment and applicants shall limit site clearing and roadway development to the minimum necessary to achieve access. C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is amended as follows: (1) "Water Extraction" is added as a Site Plan Review (SPR) use in the Land Conservation— 10 Acre (LC-10) and Land Conservation—42 Acre (LC-42) zones. Section 3. Severability — 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 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date — This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 4 of 6 (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.) 1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 201 5 of the (Ctty)(,Gity)[ own e) of Queensbury was duly passed by the Town Board on 4/20 201 5 , 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(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) 5 of 6 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 o ' d that the same is a correct transcript therefrom and of the whole of such original local law was finally ado d in t e manner indicated in paragraph . above. `-- l LCA- Clerk of the county legislative body, City,Town or Village Clerk or officer designated by local legislative body (Seal) Date: b iz 6 of 6 DOS-0239-f-I (Rev.06/12) Page 4 of 4 M ►. . . .•. CO C` � For delivery information visit our website,at www.usps.come m Ir O Postage $ 0^ Certified Fee l3 Postmark p Return Receipt Fee Here d (Endorsement Required) C3 Restricted Delivery Fee M (Endorsement Required) rUU Total Postage&Fees �j Il.l Sent To ' ru ra -'_-'-__ _'_"_'_.. --------------------------- --------Street Apt W; (� ''l or PO Box No. ` �� C4-dls �f=1_�.LQ,.)m �__; r \ 1 _'_ Cny,State,ZlP+4 c�csc� r r m Er rim �- Postage $ Ir Certified Fee 1= Postmark p Return Receipt Fee Here Q (Endorsement Required) C3 Restricted Delivery Fee 1 C3 (Endorsement Required) Lf— NTotal Postage&Fees r rU i Sent rU ro & • r' ---------- ----- ..---- C Street,Apt.3Vo.: � or PO .Box No r -�- - -- ..... -- -- Ci fate, +4 PS Form 3800,August 2006 See Reverse for Instructi, SENDER: COMPLETE THIS SECTION 7A- SIg.ature ■ Complete items 1,2,and 3.Also completeitem 4 if Restricted Delivery is desired. <■ Print your name and address on the reverseso that we can return the card to you. ived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, A PR or on the front if space permits. D. is delivery address different from item 1? [3 Yes 1. Article Addressed to: if YES,enter delivery address below: El No vjo�nw( 3. Service Type J ❑Certified Mail• O Priority Mail Express'©Registered E3 Return Receipt for Merchandise tV 1 t3 1 ❑insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 012 2 210 0000 9409 3783 � (transfer from service labs. gA11,July 2013 Domestic Return Receipt G� ' S tad Ga el �4 Np k o NO _ g Ae°� ; �lc.Jry a�atese dg P des ON' else NIS e t s De�ti Less to a��p �,� pX00- e t Sete`�e5�c'� a acre cat oktre 0 C,009��'�R a �`�tet��e oae �<s' (\ t a V �r.T �utrP�e"y5. 6 `i65 paoXtre{t°�6a ` s• Pe9�y�et� ee a� 4ltaFl Ot `G`e plate C' O `r5ot� •T''�\ ®i8a8n ifo GENERAL �78811 Elmgrove Road Pj WC RIM€€1�1'1t IIIJ61t€ p:800/836-8834 fax:5851328-8189 email:sales@generalcode.com 04/25/2015 #307098 34 Ms. Caroline H. Barber: 1 The following material has been received and will be processed for inclusion in your Code as supplemental pages(where applicable): LL No. 2-2015 Town of Queensbury 742 Bay Road Queensbury, NY 12804 i 4