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LOCAL LAWS&ORDINANCES\ENACTMENT\Chapter 137 Septic Inspection Upon Property Transfer-AMENDMENT#2-1-13-20
RESOLUTION ADOPTING LOCAL LAW NO.: 1 OF 2020
AMENDING QUEENSBURY TOWN CODE CHAPTER 137
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Local Law 2 of 2018, the Queensbury Town Board adopted its "Septic
Inspection Upon Property Transfer" which is set forth at Chapter 137 of the Queensbury Town
Code, and
WHEREAS, at that time, the Town Board determined that there would be no significant
adverse environmental impacts resulting therefrom, and
WHEREAS, by Local Law No. 5 of 2019, the Town Board amended Chapter 137 to add
an additional exemption in cases where property owners and/or prospective purchasers already
know or believe that the on-site wastewater treatment system (OWTS) would not pass inspection
and where the System is to be replaced within six (6) months of the property transfer at issue,
and
WHEREAS, the Town Board wishes to consider additional amendments of Chapter 137
to clarify requirements pertaining to inspection procedures, minimum septic tank capacity,
holding take components and the circumstances under which the requirements of the Chapter are
inapplicable or subject to waiver, and
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WHEREAS, a public hearing on proposed Local Law No.: 1 of 2020 was duly noticed
and on Monday, January 131h, 2020 was duly conducted,
NOW, THEREFORE, BE IT
RESOLVED, that Local Law No.: 1 of 2020 constitutes a minor modification of a
previously reviewed SEQRA Action which will not result in any new, different or additional
environmental impacts which were not previously analyzed and, therefore, no additional SEQRA
Review is warranted, and
BE IT FURTHER,
RESOLVED, that Local Law No.: 1 of 2020 is hereby adopted, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk and/or Town Counsel to execute any required documents and take any and all action
necessary to effectuate all terms of this Resolution.
Duly adopted this 131h day of January, 2020, by the following vote:
AYES
NOES
ABSENT :
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Chapter 137—Septic Inspection Upon Property Transfer—Minor Changes—1-13-20
LOCAL LAW NO.: OF 2020
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 137 "SEPTIC SYSTEMS" ARTICLE I
"SEPTIC INSPECTION UPON PROPERTY TRANSFER"
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD 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. Queensbury Town Code by replacing Section 137-4 (B)(1) is hereby replaced
with the following:
(1) Prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone where the property utilizes an on-site wastewater
treatment system (OWTS), the OWTS must be inspected by the Town of
Queensbury Building and Codes Enforcement Office (herein referred to as the
"Building and Codes Enforcement Office"). The inspection shall include a septic
tank pump out by a NYSDEC registered septic hauler and all seepage pits and
septic drainfield distribution boxes (D-box) accepting effluent from a septic tank
must be uncovered and opened by the property owner or their agent prior to
inspection. The property transfer inspection and pump out shall be arranged by
the property owner as early in the conveyance of real property process as possible
in order to obtain an accurate and timely assessment of the OWTS. Upon
submission of a complete Application to the Building and Codes Enforcement
Officer and payment of the applicable fee, the property owner must make
arrangements to schedule the inspection with no less than 48 hours' advance
Note: Language in bold italics is new language to be added;
Language with line a,.^,,.., tiffeug is old language to be deleted.
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notice and shall coordinate with the septic hauler to be on site simultaneously.
The cost of the inspection, as set forth in the Town's Fee Schedule Ordinance,
shall be paid to the Town of Queensbury prior to the inspection. Inspections
must be undertaken within one year of the Application or a renewal Application
with payment of the associated fee will be required.
Section 3. Queensbury Town Code Section 137-4 (13)(5)(a) is hereby replaced with the
following:
(a) All septic tanks and holding tanks must be within 250 gallons of the
minimum volume requirement; minimum volume includes bedrooms,
rooms used for sleeping, Jacuzzi tubs and garbage grinders.
Section 4. Queensbury Town Code Section 137-4 (13)(5)(b) is hereby replaced with the
following:
(b) All holding tanks shall be equipped with a float switch with a 50% level
alarm, and a 100% high level alarm located in a conspicuous place to
indicate when pump out is necessary and a water shut-off device. A copy
of pump out records shall be submitted during the inspection prior to
conveyance of real property;
Section 5. Queensbury Town Code Section 13 7-4 (C)(1) is hereby replaced with the
following:
(1) The property to be sold or transferred will not be inhabited, and the new owner
plans to demolish the existing structure and remove the OWTS within six (6)
months. 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 and the OWTS fully removed
within six (6) months. In addition, a check payable to the Town of Queensbury
Note: Language in bold italics is new language to be added;
Language with line a,..,.,,., thfo g is old language to be deleted.
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in the amount of $2,000 must accompany the notarized affidavit. Such funds
will be held in a non-interest-bearing escrow account and will be released upon
confirmation that demolition and removal have been timely carried out.
Failure will result in forfeiture of the deposit pursuant to Section 137-4 (C)(6)
unless an appeal to the Town Board is timely made pursuant to Section 137-5,
in which case the Town Board may grant an extension.
Section 6. 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 7. 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.
Section 8. Effective Date—This Local Law shall be effective upon filing by the New
York State Department of State.
Note: Language in bold italics is new language to be added,
Language with line drawn tIffeugh is old language to be deleted.
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