135.2009
RESOLUTION ENACTING LOCAL LAW NO. 3 OF 2009 TO AMEND
QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 179
“ZONING” AND REPLACING IT WITH NEW CHAPTER 179 “ZONING”
RESOLUTION NO.: 135, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and
appointed members to the Planning Ordinance Review Committee (PORC), which Committee’s task
was to review the Town’s Zoning Code and Map, Subdivision Regulations and Comprehensive Land
Use Plan, and
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WHEREAS, on May 19, 2005, the PORC adopted a Resolution recommending the hiring of
Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga
Associates) to provide professional planning services to the Town, such services to include the
updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision
Regulations, and
WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of
Saratoga Associates to prepare an update to the Town’s Zoning Code and Map, Subdivision
Regulations and Comprehensive Land Use Plan, and
WHEREAS, Saratoga Associates drafted an updated Comprehensive Plan, which was adopted
and approved by the Town Board, and
WHEREAS, Saratoga Associates subsequently drafted comprehensive revisions to the Town’s
Zoning Code (Chapter 179 of the Town Code), and
WHEREAS, on May 17, 2007 the PORC passed a resolution forwarding the draft Zoning
Code revisions to the Town Board for its review and consideration, and
WHEREAS, the Town Board has made additional changes to the draft Zoning Code revisions
and has caused the draft revisions to be put into the form of proposed Local Law No.3 of 2009, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2009 to
repeal current Queensbury Town Code Chapter 179 entitled “Zoning,” and replace it with a new
Chapter 179 “Zoning,” and
WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the
proposed revised Zoning Code to the Warren County Planning Board and obtained a favorable
recommendation from that Board to adopt the proposed revised Zoning Code and Map, and
WHEREAS, the Town has also obtained the approval of the Adirondack Park Agency to
adopt the proposed revised Zoning Code and Map, and
WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of
Agency regulations, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2009 to
repeal current Queensbury Town Code Chapter 179 entitled “Zoning,” and replace it with a new
Chapter 179 “Zoning,” which is the proposed revised Zoning Code 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
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WHEREAS, the Town Board duly held a Public Hearing on Tuesday, February 24, 2009
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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, by Resolution No.: 128,2009, on April 6, 2009 the Town Board, as SEQRA
Lead Agency, reviewed a Long Environmental Assessment Form to analyze potential environmental
impacts of the proposed legislation, determined that the proposed legislation would not have a
significant adverse impact on the environment and declared and authorized the filing of a SEQRA
,
Negative Declaration
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2009 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 as provided by
law, 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
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received after the effective date of this new Local Law No.: of 2009 shall be reviewed according to the
requirements of this new Local Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or
Senior Planner and/or Town Counsel to take any and all action necessary to effectuate all terms of this
Resolution.
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Duly adopted this 20 day of April, 2009, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
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