190.2005
RESOLUTION ENACTING LOCAL LAW NO.: 1 2005 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” SECTION 179-4-
110 ENTITLED “UNDERGROUND UTILITIES OVERLAY DISTRICT”
RESOLUTION NO. 190. 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2005 to
amend Queensbury Town Code Chapter 179, “Zoning,” Section 179-4-110 entitled “Underground
Utilities Overlay District,” by adding new provisions concerning 1) replacement of individual
telephone or electric poles damaged or destroyed due to automobile accident and/or natural disaster,
and 2) projects which have already been substantially commenced, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal Home
Rule Law §10 and Town Law Article 16, and
WHEREAS, Notice of Public Hearing was provided to neighboring municipalities and the
Warren County Planning Board, and
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WHEREAS, the Town Board duly held a public hearing on March 21, 2005 and heard all
interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in
form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the proposed amendment does not constitute any material change having
any new or different environmental impacts not previously considered, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board therefore reaffirms its previous SEQRA
Negative Declaration as there will be no significant environmental impacts, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: ___ of 2005 to
amend Queensbury Town Code Chapter 179, “Zoning,” Section 179-4-110 entitled “Underground
Utilities Overlay District,” by adding new provisions concerning 1) replacement of individual
telephone or electric poles damaged or destroyed due to automobile accident and/or natural disaster,
and 2) projects which have already been substantially commenced, as presented at this meeting, and
BE IT FURTHER,
§
RESOLVED, that the Town Board reaffirms and readopts 179-4-110 entitled, “Underground
Utilities Overlay District,” as amended, 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.
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Duly adopted this 4 day of April, 2005, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None