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ENACTMENT\Chapter 136—Appendix F—Highway Groundwater Determination—3-9-2020
RESOLUTION ADOPTING LOCAL LAW NO.: OF 2020
TO AMEND TOWN CODE CHAPTER 136 ENTITLED
"SEWERS AND SEWAGE DISPOSAL" APPENDIX F
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2020 to amend Queensbury Town Code Chapter 136 "Sewers and Sewage Disposal,"
Appendix F thereof, subparagraph "High Groundwater Determination," to authorize the Town's
Director of Building and Codes Enforcement, rather than the Local Board of Health, to approve
qualified persons to make determinations concerning seasonal high groundwater evaluations
during months other than March, April, May or June, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law, and the Town Board duly held a
public hearing concerning such proposed Local Law on Monday, March 9th, 2020 and heard all
interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2020
to amend Queensbury Town Code Chapter 136 "Sewers and Sewage Disposal," Appendix F
thereof, subparagraph "High Groundwater Determination," as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement, Town Counsel and/or Town Clerk to take such other
and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 9th day of March, 2020, by the following vote:
AYES :
NOES :
ABSENT :
Chapter 136-Sewer Appendix F—Seasonal Groundwater Timeframe—Director of B&C to Select Qualified Person—3-9-2020
LOCAL LAW NO.: OF 2020
A LOCAL LAW TO AMEND CHAPTER 136 OF QUEENSBURY TOWN CODE
"SEWERS AND SEWAGE DISPOSAL" APPENDIX F CONCERNING
"HIGH GROUNDWATER DETERMINATION"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY AS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 136 "Sewers and Sewage Disposal" is hereby
amended at Appendix F, subsection"High Groundwater Determination,"as follows:
Appendix F
High Groundwater Determination
A. Subsurface conditions shall be determined by digging a hole five feet deeper than the
anticipated depth of the proposed leaching facility.
B. The determination of the seasonal high groundwater level shall be made during the
months of March, April, May or June, within six weeks of the time that the frost leaves
the ground; such determination may be made by monitoring the water level in the open
soil test pit, as described above, for a period of not less than 24 hours and recording the
highest level observed. If such determination is made at other than such times, the
seasonal high groundwater shall be evaluated and certified by a qualified person
approved by the local Board of Health Director of Building and Codes Enforcement.
SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence,paragraph or part thereof.
Note: Language in bold italics is new language to be added;
Language with-lifie-drawn-t-Iffeugh is old language to be deleted.
SECTION 3. 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 4. This Local Law shall take effect immediately upon filing in the Office of the New
York Secretary of State.
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.