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176.2002 RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND ENACTING LOCAL LAW NO. 1,OF 2002 TO AMEND QUEENSBURY TOWN CODE BY REPEALING CURRENT CHAPTER 179 “ZONING” AND REPLACING IT WITH A NEW CHAPTER 179 “ZONING” RESOLUTION NO. 176, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 289, 1999, the Queensbury Town Board authorized engagement of Chazen Companies to assist the Town in preparing an updated Town Zoning Ordinance and Map, and WHEREAS, by Resolution No.: 329, 1999, the Town Board created a Steering Committee concerning the development of the new Zoning Ordinance and Map and appointed its members, and WHEREAS, Chazen Companies, working closely with the Steering Committee and Planning Department Staff, prepared a draft Zoning Ordinance and Map and presented it to the public on th September 6, 2000, and WHEREAS, the Planning Staff prepared further revisions to the Draft Ordinance and the Steering Committee reviewed the proposed Zoning Ordinance and Map and agreed to submit it for public review and comment, and WHEREAS, the Town Planning Department held four (4) public informational sessions in the fall of 2001 concerning the proposed Zoning Ordinance and Map and published an outline of the proposed Zoning Ordinance changes in the Town Report sent to Town residents, and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed Ordinance and obtained a favorable recommendation from the Warren County Planning Board to adopt the new Zoning Ordinance and Map, and WHEREAS, the Town has also obtained the approval of the Adirondack Park Agency to adopt the new Zoning Ordinance and Map, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1 of 2002 to repeal current Queensbury Town Code Chapter 179 entitled “Zoning,” and replace it with a new Chapter 179 “Zoning,” which is the proposed new Zoning Ordinance and Map presented at this meeting, hereinafter referred to as the “legislation,” and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on January 24, 2002 concerning the proposed legislation and heard all interested persons, and WHEREAS, a copy of the proposed legislation has been presented at this meeting and is in form approved by Town Counsel, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed legislation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the action of repealing current Queensbury Town Code Chapter 179 “Zoning” and replacing it with the new Town Code Chapter 179 “Zoning” presented at this meeting, reviewing the Environmental Assessment Form and thoroughly analyzing the proposed action for potential environmental concerns, determines that the action will not have a significant effect on the environment and authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the 2 proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves the SEQRA Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2002 to amend the Queensbury Town Code by repealing current Chapter 179 entitled “Zoning” and replacing it with a new Chapter 179 entitled “Zoning” 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 all applications requiring the review and approval of the Town of Queensbury’s Zoning Administrator received and deemed complete prior to the effective date of this new Local Law shall be reviewed under the zoning regulations applicable at the time of such applications and all applications requiring the review and approval of the Zoning Administrator received after the effective date of this new Local Law No.: 1 of 2002 shall be reviewed according to the requirements of this new Local Law, and 3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Executive Director of Community Development to take any and all action necessary to effectuate all terms of this Resolution. st Duly adopted this 1 day of April, 2002, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None ABSTAIN: Mr. Boor I, Caroline H. Barber, Deputy Town Clerk I of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above st adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 1 day of April, 2002 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this th 10 day of October 2003. SEAL SIGNED:______________________________________ Caroline H. Barber Deputy Town Clerk I Town of Queensbury 4