LL 01 Amending Queensbury Town Code Chapter 137 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
January 28, 2021--
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Caroline H Barber d JAN i•-,1
Town Clerk T QUEENSBURY r
742 Bay Road CLERK'S OFFICE ��
Queensbury NY 12804-5902 0, l .6
RE: Town of Queensbury, Local Law 1 2020, filed on January 17 2020
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
NE I ORK Department
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. 1 of the year 2020
A local law Amending Queensbury Town Code Chapter 137
(Insert Title)
Be it enacted by the Town Board of the
(Name of Legislative Body)
['County City ®Town ❑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. 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
(If additional space is needed,attach pages the same size as this sheet, and number each.)
( 1 )
DOS-0239-f-1 (Rev.06/12) Page 2 of 4
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
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 (B)(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 (B)(5)(b) is hereby replaced with the
following:
(b) All holding tanks shall be equipped with a float switch with a 50% level
alarm, 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 137-4 (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 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.
( 2)
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.
( 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. 1 of 20 2 0 of
the(Scuuty)(Gity(Town -)of Queensbury was duly passed by the
Town Board on January 1 320 20 , 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-1 (Rev.06/12) ( 4 ) Page 3 of 4
(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 t ' office d that the same is a
correct transcript therefrom and of the whole of such original local I , nd was finally ted • the manner indicated in
paragraph , 1 above.
0 LA
Clerk of the county legislative body, C ,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: January 14 , 2020
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DOS-0239-f-I (Rev.06/12) Page 4 of 4