4.02 4.2
RESOLUTIONSTOCAL LAWS\SET PUBLIC REARINGS\Chapters 136 Sewers and 173 Water—Service and Charges—11-2-2020
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO._ OF 2020 AMENDING TOWN CODE PROVISIONS
RELATING TO WATER AND SEWER SERVICE AND CHARGES
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board is considering adoption of Local Law No.: of
2020 to (A) eliminate the Wastewater's Department involvement in constructing sewer laterals
which would become the sole responsibility of the property owner (Code Sections 136-55 and
136-95); (B) allow the Wastewater Director to waive the requirement for separate building
sewers (Code Section 136-56); (C) provide that the Town Board may make changes to Sewer
Rents by Resolution upon five (5) days' Public Notice (Code Sections 136-137 and 136-137.2)
and (D) allow water service to be discontinued upon Resolution of the Town Board without a
hearing (Code Section 173-29), and
WHEREAS, this legislation is authorized in accordance with New York Municipal Home
Rule Law §10,and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public
hearing prior to the adoption of any Local Law;
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,November 16th,
2020 to consider proposed Local Law No.: — of 2020 and to hear all interested persons, and at
that time may take any other actions authorized by law concerning proposed Local Law No.: —of
2020,and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning proposed Local Law No.: _ of 2020 in
the manner provided by law.
Duly adopted this 2"d day of November,2020,by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS\Chapters 136 and 173-Water and Sewer Service and Chatges-November 16 2020
LOCAL LAW NO.: OF 2020
A LOCAL LAW AMENDING CHAPTERS 136"SEWERS AND SEWAGE
DISPOSAL"AND 173"WATER" OF QUEENSBURY TOWN CODE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS
FOLLOWS.-
Section 1. Intent;Authority—The Town Board wishes to achieve greater flexibility in
establishing sewer rents, enforcing compliance requirements with Town water regulations and
other aspects of the Town's sewer and water services. This Local Law is adopted pursuant to
New York Municipal Home Rule Law.
Section 2. CHAPTER 136 of the Queensbury Town Code,entitled"Sewers and Sewage
Disposal"is hereby amended as follows:
A. Section 136-55,entitled"Installation of lateral",is amended to read as follows:
§ 136-55.Installation of lateral.
Where a new building is constructed and there is no Town service lateral from the main
to the property line,the installation of this lateral and the tapping of the main will be
1._ the ;e -a � the ic:,ponsibilir; of the properr, ot�aer. The cost of this work,
including excavation, pipe work, backfill, replacement of pavement, etc., will be 1a41"
to the property owner. Viiis billedatiio '' '
the rropertc �Mllc• =x contractor trust provide plans
andacciYic�tiors Io t� loun 'tipt�tc�a-lt J}epa mn1 1i�r appra�al priur to any site
dtsturbat)cc Orrice the Pl uts an: -ai[)l(1%edl ld�e p1-0t)`t', 0",% or contr:tcti»f must obtaal
Al reouired permits including-uM LIeru5it.needed feu c +n>t izcti«r «itiri t a ix+blic right_
Note: FOR DRAFT LOCAL LAW ONLY AND DELETED FOR FILING:
Underlined text is new text to be added;
Text with tine drawn through is old text to be deleted.
1
of-�aav or under a pubtic road. Construction must be scheduled in consultation kith the
Wastewatet Department so that a I my n representatil e can be present during construction.
No actual connection to the Tovan's se«-er s-stem may be made until the Waste�atcr
Director has issued a permit to connect.
B. Section 136-56,entitled"Separate building sewers required", is amended to read
as follows:
§ 136-56.Separate building sewers required.
A separate and independent building sewer shall be provided for every building, except
that where one building stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear building through an adjoining alley,
easement, courtyard or driveway, the front building sewer may be extended to the rear
building and the whole considered as one building sewer. The Town does not, and will
not, assume any obligation or responsibility for damage caused by or resulting from the
use of any single connection aforementioned.
Noril ithstandiu� the above. the Director nix, m iiv e the requirement for [spacing:
tted:Indent:Left: 0.5",Space Before: 12 pt,Line
1.5 lines
set�arttc bu h'lll«sesycr;choir applieauon h� the propeetc owner and detci ill illation ur the
Directors ;otc discretion that the system <<ili not be ad�crseh.
affected m ipplication 60r rr<tirar must include a t'ormal rzreement bem"n the
parties L)l-0p0sin2 to use the 7har;d sevyer conricction. fhe 1-11 eerrc1Jt mutt ineludc
prov isiun; relating to how r spou t;iutie; ioi the,fared line;and costs cv ill be allocated
hemeer+ the parties Ain r«c ement related to atloeation of cost; \citl not att,�ct the
fog - Boards ri>ht to cstahtrsh rate.. prror al of the tureement nurst be received from
both loan Counsel and the W isienuter Director prior to <mN ,Lich rrair-er. Such
aareement must be recorded in the Warren County Clerks Office refcrencingy the entire
propertv(ics'i and a copv provided to the loran W'a;teecater Department as the final
requirement for receiyin<g a yand rraieer.
Note: FOR DRAFT LOCAL LAW ONLY AND DELETED FOR FILING:
Underlined text is new text to be added;
Text with line drawn thfett ' is old text to be deleted.
2
C. Section 136-95,entitled"Sewer taps in streets",is amended to read as follows
§ 136-95. Sewer taps in streets.
Where it is necessary to tap the existing sanitary sewer in the street because no Town
service lateral has been previously installed, it will be necessary to make these
connections, excavations, backfillings, etc., in accordance with Town law or state or
County Public Works Department regulations, as jurisdiction may apply. Work done in
streets and other public rights-of-way shall be 'e 1'^^ c . Di t
e>€tEeiat leeig�tze the responsihilitti of the property ok�nor,including the installation of the
service lateral to the property line. All of this work, including any permit fees or
expenses,shall be paid for by the owner. See also,�U36-55.
D. The introductory paragraph of Section 136-137,entitled"Charges established",is
amended to read as follows:
§ 136-137. Charges established.
There is hereby established and imposed a scale of sewer rents for services rendered by
the sewer system to the real property within the limits of the following sewer districts as
set forth below. Subsegacn( Lhtt2es to tlic rwci of th wa rout shall be made h�
resolution of the 10v�a 130a1-d after public hLarina on fire t day noricc
E. Section 136-137.2,entitled"Properties not served by municipal water supply",is
amended to read as follows
§ 136-137.2 Properties not served by municipal water supply.
In all sewer districts, for all occupied residential properties which are not served by the
municipal water supply and therefore do not have water meter readings on which to base
sewer rents, charges pursuant to § 136-135 hereof shall be $440 per year for each
Note: FOR DRAFT LOCAL LAW ONLY AND DELETED FOR FILING:
Underlined text is new text to be added;
Text with line drawn thfough is old text to be deleted.
3
residential unit, billed on a quarterly basis at the rate of$110 per quarter. Subsequent
changes to the rates of the sever rent shaII be made bt resolution Of the lutrn Board after
public hearing on tit-e(5)dm s'notice:. For purposes of this section,a"residential unit"is
defined as a single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation_
Section 3. CHAPTER 173 of the Queensbury Town Code, entitled "Water" is hereby
amended as follows:
A. Paragraph A of Section 173-29,entitled"Penalties for offenses;discontinuance of
service",is amended to read as follows:
§ 173-29.Penalties for offenses;discontinuance of service.
A. The Town Board of the Town of Queensbury may discontinue water service and shut
off the supply from any premises, the owner or occupant of which has failed to
comply with the provisions of this article and the I oven's Water Department current
Design and Construction Standards or any rules and regulations relating to the
character and construction and maintenance of pipes and connections and the use of
the water and py ment of tcatar bill". In the 'n ens of,such a iailurc to comjlt. the
Town Board mat adopt an order t urn that am bill be paid or other,
uffen,e cured teithin thirst (30)da or,%at,�r ser;ice to the pt,miks:,mav\ be shut ol'f
and discOntinurd. [he AA atcr :Superintend mt shrill turn scree the [been Board order
on the plohcrtt acid the occupam(s) of thepvinkes be registered mail and
bt regular mail to the address used to send real property taxes to the premiss. It the
overdue bill is not paid or ot}ic-1 offense cured vcahin thirty t30) dabs after such
;Cn ice by mail of the order. the ti ater SuperintendMt mac .hut of rrrd discvntinuc
carer service to tlrc premise,. Such service will not be resumed until the cause for
such discontinuance is removed and the expense of shutting off and turning on the
water is paid.44i,i ifi irtt+tH-&e cx- the hitit+tt «ffi f stet httN......t44k-+~ECAcr ttt,+f
Note: FOR DRAFT LOCAL LAW ONLY AND DELETED FOR FILING:
Underlined text is new text to be added;
Text with line a_^.,",th fo g is old text to be deleted.
4
This remedy may be used alone or in
conjunction with any other remedies set forth herein.
Section 4. 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 5. 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. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Code.
Section 6. Effective Date—This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: FOR DRAFT LOCAL LAW ONLY AND DELETED FOR FILING:
Underlined text is new text to be added;
Text• ith line dra n thfoug is old text to be deleted.
5
NOTICES\Chapters 136 Sewers and 173 Water—Service and Charges—11-16-2020
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE QUEENSBURY TOWN BOARD WILL
HOLD A PUBLIC HEARING ON MONDAY, NOVEMBER 16, 2020, BEGINNING AT 7:00
P.M. AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY,
NEW YORK, AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY
TO BE HEARD CONCERNING ADOPTION OF PROPOSED LOCAL LAW NO.: OF
2020. LOCAL LAW NO. WOULD AMEND THE CURRENT QUEENSBURY TOWN
CODE RELATING TO SEWER AND WATER SERVICE AND CHARGES. AMONG OTHER
THINGS, IT WOULD (A) ELIMINATE THE WASTEWATER'S DEPARTMENT
INVOLVEMENT IN CONSTRUCTING SEWER LATERALS WHICH WOULD BECOME
THE SOLE RESPONSIBILITY OF THE PROPERTY OWNER (CODE SECTIONS 136-55
AND 136-95); (B) ALLOW THE WASTEWATER DIRECTOR TO WAIVE THE
REQUIREMENT FOR SEPARATE BUILDING SEWERS (CODE SECTION 136-56); (C)
PROVIDE THAT THE TOWN BOARD MAY MAKE CHANGES TO SEWER RENTS BY
RESOLUTION UPON FIVE (5) DAYS' PUBLIC NOTICE (CODE SECTIONS 136-137 AND
136-137.2) AND (D) ALLOW WATER SERVICE TO BE DISCONTINUED UPON
RESOLUTION OF THE TOWN BOARD WITHOUT A HEARING (CODE SECTION 173-29).
THE PROPOSED LOCAL LAW IS AVAILABLE ON THE TOWN'S WEBSITE AT
WWW.QUEENSBURY.NET AND IS ALSO ON FILE AND MAY BE REVIEWED IN THE
TOWN CLERK'S OFFICE, 742 BAY ROAD, QUEENSBURY. TO OBTAIN FURTHER
INFORMATION OR COPIES OF THE PROPOSED LOCAL LAW, PLEASE CONTACT THE
QUEENSBURY TOWN CLERK'S OFFICE AT(518) 761-8234.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: OCTOBER_,2020
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY