LL 04 Amend Code 179 Zoning RX Date/Time 06/12/2019 11:50 518 473 0730 P.002
06/12/2019 11: 00AM 518-473-0730 NYS DOS PAGE 02/02
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
GOvPRNOA
99 WASNINGTON AVENUE
ALBANY,NY 12231-0001 R0s5ANA ROSADO
WWW.DOS.NY.GOV SECRETARY OF STATE
June 12, 2019
Town Clerk
742 Bay Road
Queensbury NY 12804
RE: Town of Queensbury, Local Law 4 2019, filed on May 10 2019
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.
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State Records and Law Bureau
(518) 473-2492
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NEwYORK Department
STATE.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 ❑Village
• (Select one:)
of
Queensbury
Local Law No. 4► of the year 20 19
A local law To Amend Chapter 179 "Zoning" of Town Code to
(Insert Title)
Make Certain Changes to Waterfront Residential Zones
i to Better Protect Town Waterbodies
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ['City [rTown ❑Village
(Select one:)
of Queensbury as follows:
Section 1. Intent; Authority—The Town Board wishes to amend its Zoning Code in an
effort to improve its land management practices to better protect the Town's waterbodies and
water quality. This Local Law is adopted in accordance with New York State 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:
A. Section 179-2-010 entitled, "Definitions and word usage" is amended as follows:
MARINA, CLASS B —As defined in the regulations of the Lake George Park Commission, and
subject to amendment by the Lake George Park Commission from time to time. As of February
15, 2008, a Class B marina was defined by the Lake George Park Commission as any dock,
wharf or mooring made available for use by any person as a berthing place for one motorized
vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the
• property, regardless of remuneration or profit, except:
(If additional space is needed,attach pages the same size as this sheet, and number each.)
( 1 )
DOS-0239-f-1 (Rev.06/12)
(1) The use of residential or association docks, wharfs or moorings by the owner of the
property, the owner's family or such use by a person as part of the single-family
residential rental of a residence or a residential unit which includes the use of a dock,
wharf or mooring;
(2) Docks or wharfs used as an accessory use to a hotel, motel, inn, housekeeping
cottage, campground or recreational vehicle park, used exclusively by registered
guests;
(3) Docks, wharfs, and moorings used as an accessory use to a restaurant, used
exclusively by patrons while dining at such restaurant; and
(4) Docks, wharfs and moorings used exclusively by persons engaged in the sale of
fishing products or the sale and service of SCUBA products.
B. Section 179-3-040 entitled, "Establishment of zoning districts," Subsection (A)(5)(a) is
amended as follows:
(5) Waterfront residential. The purpose of the Waterfront Residential (WR) District is to
protect the delicate ecological balance of the Town's lakes and the Hudson River as
well as to enhance the aesthetics of waterfront areas while providing adequate
opportunities for development. This area of the Town is described in the
"Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007, and
formerly consisted of WR-3A and WR-1A Zoning Districts set forth in the Town's
2002 Zoning Law.
(a) Uses allowed. This district allows single-family residences, boathouses and
hunting and fishing cabins (of less than 500 square feet) as permitted uses
(requiring only a zoning permit) and allows and commercial boat sales,
servicing and storage uses by special use permit. Class A marinas are permitted
by special use permit on all Waterfront Residential properties except for those
with shoreline on Glen Lake, Sunnyside Lake and Dream Lake. Class B
marinas are permitted on all Waterfront Residential properties. A complete list
of uses allowed in this district is set forth on Table 2 of this chapter.
C. Section 179-4-010 entitled, "Residential design requirements," is amended to delete
Subsection (G)(4)(c)[6] as follows (and accordingly renumber the remaining subsections upon its
deletion):
{6] Within 15 feet extending inland from all points along the mean high water
mark, no vegetation may be removed. This area shall be maintained as an
undisturbed natural buffer strip. This distance shall be measured in the
following manner:
[a] Lake George: perpendicular and horizontal from the mean high
water mark and inland.
(2)
[b] Other water bodies: 35 feet perpendicular and horizontal from the
shoreline and inland. [Amended 1 28 2011 by L.L. No. 2 2011}
D. Section 179-6-050 entitled, "Shoreline regulations," is amended at Subsection (B)(1)(a)
and (B)(1)(b) as follows:
B. Regulations. In the case of the shorelines of all lakes, ponds, streams, or wetlands and the
shoreline of the Hudson River, the following restrictions shall apply:
(1) Cutting restrictions. The removal of vegetation, including trees, shall be permitted on
shorefront lots, provided that the following standards are met:
(a) Within 35 feet extending inland from all points along the mean high-water mark
of all lakes and ponds and within 75 feet of all regulated streams, wetlands and
rivers, no vegetation may be removed within the first six feet (6') from the
shoreline and no woody vegetation greater than one inch (1") in dbh may be
removed between the six foot (6') mark and the 35 foot or 75 foot mark
respectively. This area shall be maintained as an undisturbed natural buffer
strip.
(b) The general exception to this standard shall be an allowance for water access
and beaches. The creation of a contiguous clear-cut opening in the buffer strip
shall not exceed 30% of the shoreline frontage on any individual lot or a
maximum of 75 linear feet, whichever is less. The clearcut shall be sited on the
lot (such as angled across the lot) so as to allow for a view and access, but also
to reduce runoff. The pathway created shall be constructed or surfaced at a
width of no more than 10 feet and in a manner to be effective in controlling
erosion. The ground cover planting requirements of 179-8-040, B shall still be
applicable in this area.
E. Section 179-6-065 entitled, "Construction within a Critical Environmental Area," is
hereby added as follows:
§ 179-6-065. Construction within a Critical Environmental Area
A. Site plan review required
(1) In any Critical Environmental Area, site plan review shall be required for the
following:
(a) Any construction including new buildings and additions to existing buildings
that results in the creation of or increase in floor area.
F. Section 179-8-040 entitled, "Shoreline buffers," Subsection B, `Buffer requirements" is
amended as follows:
§ 179-8-040. Shoreline buffers.
(3)
B. Buffer requirements.
(1) Minimum width. Where no vegetative buffer exists, one shall be created with an
effective horizontal width measurement from the shoreline as follows: (if a roadway-
private or public - is located within the required buffer area such roadway area shall
not be used in the buffer calculation and the remaining, necessary buffer area shall be
created on the other side of the roadway).
(a) 20 feet for properties on Glen Lake, Sunnyside Lake, Dream Lake and Round
Pond
(b) 35 feet for properties on Lake George and the Hudson River and all DEC
classified streams and all regulated wetlands
Existing buffers are subject to the requirements of§ 179-6-050B.
(2) Buffer composition and density. (The allowed clearing area provided for in 179-6-
050 shall be included in the density calculation however, such area is exempt from
the large tree planting requirement only. All required shrubs and herbaceous plants
shall be installed)
(a) For every 700 square feet of shoreline buffer:
[1] One large tree,minimum three-inch diameter at breast height.
(b) For every 350 square feet of ground cover buffer:
[1] 7 —24" native shrubs from approved species list 179-8-040 C
[2] 14 herbacious plants from approved species list 179-8-040 C.
SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Attachment 2:1 entitled,
"Table 2: Summary of Allowed Uses in Residential Districts," is hereby amended to exclude Class
A marinas on Glen Lake, Sunnyside Lake and Dream Lake.
SECTION 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.
SECTION 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.
SECTION 5. 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.
( 4)
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( 7)
•
(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. 4 of 20 1 9 of
the(r& bl?9XlMy)(Town)(V Itm of Qitef.nsbury was duly passed by the
Town BOard on May 6 , 20 1 9 , 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 20 , 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) (8)
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 d tha the same is a
correct transcript therefrom and of the whole of such original local law, was final) o d in nner indicated in
paragraph , 1 above. Ltir2\
q
Clerk o e county legislative ody,City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: q( 19
DOS-0239-f-1 (Rev.06/12) ( 9)