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LL 05 Amend Chapter 137 Zoning STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA ROSADO WWW.DOS.NY.GOV SECRETARY OF STATE l May 30, 2019 (VP EIVED 52019 SBURY Caroline H Barber OFFICE 'YTown Clerk n s#' 742 Bay Road Queensbury NY 12804-5902 RE: Town of Queensbury, Local Law 5 2019, filed on May 23, 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. Sincerely, State Records and Law Bureau (518) 473-2492 NEwvoRK 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. 5 of the year 20 1 9 A local law Amending Queensbury Town Code Chapter 1 37 (Insert Title) • Be it enacted by the .Town Board of the (Name of Legislative Body) ❑County ['City EfTown ❑Village (Select one:) of Queensbury as follows: • Section 1. Authority — This Local Law is adopted pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law Section 2. Amendment of Town Code—Chapter 137 of the Queensbury Town Code is hereby amended by repealing and replacing Section 137-4 (C)with the following: C. Exemption from property transfer inspection.` The following conveyances of real property shall be exempt from the provisions of this article in the following situations and pursuant to the terms identified below (1) The property to be sold or transferred will not be inhabited, and the new owner plans to demolish the existing structure. In order to qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes Enforcement Office stating that the dwelling will not be inhabited and that it will be demolished with no immediate plans to rebuild or the dwelling will not be inhabited,.it will be demolished and rebuilt, in which case the affidavit shall be accompanied by a site plan, including (If additional space is needed,attach pages the same size as this sheet,and number each.) ( 1 ) DOS-0239-f-1 (Rev.06/12) adequate detail to demonstrate a lawful OWTS, together with a check payable to the Town of Queensbury in the amount of$2,000. Such funds will be held in a non-interest- bearing escrow account and will be released in the former case, upon issuance of a demolition permit and, in the latter case, upon issuance of a certificate of compliance from the Building and Codes Enforcement Office. (2) An OWTS inspection was not able to be completed prior to the conveyance of real property due to inclement weather. In order to qualify for the exemption, a notarized affidavit from the new property owner to complete the requisite OWTS inspection within six months of the date of the conveyance of real property, or June 1, whichever comes first, must be filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in the amount of$2,000 will be held in a non-interest-bearing escrow account and shall be released upon the completion of a satisfactory OWTS inspection from the Building and Codes Enforcement Office. (3) The property to be sold or transferred contains an existing OWTS that does not comply with the provisions of this Chapter and the prospective purchasers and/or the Seller wish to forgo an inspection in favor of installing an approved OWTS within 6 months of the transfer of property. In order to qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes Enforcement Office stating that the existing OWTS will be replaced within 6 months from transfer of property. The affidavit must be accompanied by a site plan, including adequate detail to demonstrate that the replacement OWTS will comply with this Chapter, together with a check payable to the Town of Queensbury in the amount of$2,000. Such funds will be held in a non- interest-bearing escrow account and will be released upon issuance of a certificate of compliance from the Building and Codes Enforcement Office. (4) During the OWTS inspection, a failure of the septic system was determined. Due to winter and frozen conditions, the repair to an existing OWTS could not occur or a new OWTS could not be installed before the conveyance of real property. In order to qualify for the exemption, a notarized affidavit from the new property owner to complete the installation or repair of the septic system within six months from the date of the conveyance of real property, or June 1, whichever comes first, must be filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in the amount of$2,000 will be held in a non-interest-bearing escrow account and shall be released upon the completion of the repair or installation of a new septic system and a satisfactory OWTS inspection from the Building and Codes Enforcement Office. (5) There is record of the property's OWTS having passed Town inspection within the last three years. (6) Failure to complete the inspection, obtain the permit or complete all repairs/installations identified in the preceding subsections of this section within the time provided or any subsequent deadline established by the Building and Codes Enforcement (2) Office will result in forfeiture of the moneys held in escrow, and the Town may use such funds toward abating the conditions caused by each such violation of this article. 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. ( 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. 5 of 20 1 9 of the )( (Town)(\illagx)of Queensbury was duly passed by the Town Board on May:2 0 th 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. (4) nnc_mzo_f i /QW, fR119% (City local law concerning Charter revision proposed by petition.) I hereby certify that the focal 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 e a • that the same is a correct transcript therefrom and of the whole of such original local law d was final! adop -d in the manner indicated in paragraph , 1 above. Clerk o the coun egislative body,City, n •r Village Clerk or officer designated by local legislative body (Seal) Date: May 21 , 201 9 • (5) DOS-02394--i (Rev.06/12)