2.1(B)
2.1(B)
WASTEWATER - SEWER\\Route 9 Sewer Extension #3 Roberts Gardens - APPROVE - – 12-16-19
RESOLUTION APPROVING ROUTE 9 SANITARY SEWER DISTRICT
EXTENSION NO. 3
RESOLUTION NO. ________________________________________________________, 2019
INTRODUCED BY: ________________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: _________________________________________________________
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Town’s
Route 9 Sanitary Sewer District (hereinafter the “District”) to be known as the Route 9 Sanitary Sewer
District Extension No. 3 (hereinafter the “Sewer District Extension”), and
WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering, engineers
licensed by the State of New York regarding the proposed Sewer District Extension to permanently
serve an existing apartment development known as Robert Gardens North on one (1) parcel bearing
tax map identification no.: 296.17-1-41 and located at 220 Weeks Road as more specifically set forth
and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been accepted and approved by the Town and has
been filed in the Queensbury Town Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer
District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system
and method of operation, and
WHEREAS, the Town Board has considered the establishment of the Sewer District
Extension in accordance with the provisions of the State Environmental Quality Review Act and has
adopted a Negative Declaration concerning environmental impacts, and
nd
WHEREAS, on December 2, 2019 subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries
of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be
paid for by the property owner and not the Town of Queensbury; (e) the estimated cost of hook-up
fees (if any) and the cost of the Sewer District Extension to the only one property in the Sewer District
Extension so it is the typical property); (f) the proposed method of financing to be employed; (g) the
fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office;
and (h) the time and place of a public hearing on the proposed Sewer District Extension; and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the Office of the State Comptroller, all as required by law, and also placed on the Town’s website,
and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the parcel were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the Office of the State Comptroller, all as required by law, and
WHEREAS, the estimated annual cost of the District Extension to the parcel has been filed
with the Town Clerk and is made a part of the Map, Plan and Report, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
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Monday, December 16, 2019 and the Town Board has considered the evidence given together with
other information, and
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WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in
accordance with Town Law Article 12-A and plans to later consolidate the Sewer District Extension
with the Route 9 Sanitary Sewer District in accordance with General Municipal Law Article 17-A, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that:
1. Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient;
2. All property and property owners within the Sewer District Extension are benefited
thereby;
3. All property and property owners benefited are included within the limits of the Sewer
District Extension;
4. It is in the public interest to establish, authorize, and approve the Route 9 Sanitary
Sewer District Extension No. 3 to the existing Route 9 Sanitary Sewer District as described in the
Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited
properties of the Sewer District Extension to be as described in the Map, Plan and Report;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Route 9
Sanitary Sewer District Extension No. 3 in accordance with the boundaries and descriptions set forth
above and in the previously described Map, Plan and Report and construction of the improvements
may proceed and service provided subject to the following;
1. The obtaining of any necessary permits or approvals from the New York State
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Department of Health;
2. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. The obtaining of any necessary permits or approvals from the New York State
Department of Transportation and any other required permits;
4. The Town being satisfied that construction of all improvements has occurred in
accordance with the Plan;
5. Permissive Referendum in the manner provided in New York State Town Law Article
7; and
6. The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to Permissive Referendum in the manner provided
by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes
and directs the Queensbury Town Clerk to file, post and publish such Notice of this Resolution as may
be required by law and to cause to be prepared and have available for distribution proper forms for the
petition and shall distribute a form to any person requesting such petition, and if no such petition is filed
within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State
Department of Audit and Control.
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Duly adopted this 16 day of December, 2019, by the following vote:
AYES :
NOES :
ABSENT:
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