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3.01 k 3.1 RESOLUTIONS\LOCAL LAWS&ORDINANCES\Chapter 179-Add Definition of Tree Arborist Landscape Services- 12-21-2020 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REVISE §179-2-010(C) "DEFINITIONS" AND TABLE 2: SUMMARY OF ALLOWED USES IN RESIDENTIAL DISTRICTS RESOLUTION NO.: , 2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: of 2021 to allow for the addition of Tree Service/Landscape Company uses as allowed by Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts, and WHEREAS, before the Town Board may amend the Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Code, and WHEREAS, zoning code changes may be forwarded to the Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law, and WHEREAS, zoning changes are subject to Warren County Planning Department review in accordance with§239-m ofNYS General Municipal Law,and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed Zoning Code amendments prior to adoption, and WHEREAS, the Town of Queensbury amendments comply with and are in 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 set a Public Hearing concerning adoption of this Local Law, NOW THEREFORE BE IT RESOLVED, the Queensbury Town Board formally authorizes and directs the Town Clerk or the Director of Planning, Zoning & Code Compliance to forward copies of the proposed Zoning Code amendments to the Planning Board for a recommendation, and BE IT FURTHER, RESOLVED, that the Town Board formally authorizes and directs the Town Clerk or Town Director of Planning, Zoning and Code Compliance to forward copies of the proposed Zoning Law Amendments to the Adirondack Park Agency for its review and approval in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk or Director of Planning, Zoning and Code Enforcement to forward copies of the proposed Zoning Law Amendments to the Warren County Planning Department for its review and recommendation, and BE IT FURTHER, RESOLVED, that the 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, January 11 t, 2021 to hear all interested persons concerning proposed Local Law No.: _ of 2021 which provides for certain amendments of the Town of Queensbury's Zoning Code, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to provide the public with at least 10 days'prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Town Director of Planning, Zoning and Code Compliance to take such other actions and give such other notices as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.:_ of 2021. Duly adopted this 2 1"day of December,2020, by the following vote: AYES NOES ABSENT: LOCAL LAWS\Chapter 179—Definition-Tree Arborist Landscape Services— 1-11-2021 LOCAL LAW NO. OF 2021 A LOCAL LAW AMENDING TOWN OF QUEENSBURY ZONING LAW TO ESTABLISH TREE,ARBORIST AND/OR LANDSCAPE SERVICE REGULATIONS Be it Enacted by the Queensbury Town Board as Follows: Section 1. Authority — This Local Law is adopted in accordance with New York Town Law Article 16 and the Municipal Home Rule Law. Section 2. Amendment of Section 179 "Zoning" — Chapter 179 of the Queensbury Town Code, entitled "Zoning," is hereby amended to establish Tree, Arborist and/or Landscape Service regulations and Table 2 is hereby revised to provide for said use as an allowable use subject to a Special Use Permit and Site Plan review as noted below. A. Definitions. §172-1-010(C) is hereby amended to add the following definition: TREE SERVICE/LANDSCAPE COMPANY - A business that sells services such as tree/plant removal, pruning, arborist service and landscaping. This service might also diagnose pest problems or plant diseases, and provide fertilization services. On site administration and sales office, storage and maintenance of company equipment, temporary storage of by-products created by business such as logs or wood chips would be typical to this use. On site processing, such as cutting, trimming, milling, chipping and grinding is not allowed with this use. Note: Language in bold italics is new language to be added, Language with line dr-a.,.., th..,,ugh is old language to be deleted. 1 B. Table 2: Summary of Allowed Uses in Residential Districts, is hereby amended to add "Tree Service//Landscape Company" as permitted by Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts. Section 3. Severability —The provisions of this Local Law are severable. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall apply only to the clause, sentence, paragraph or provision adjudged invalid and shall not invalidate any other clause, sentence, paragraph or part thereof and the rest of this Local Law shall remain valid and effective. Section 4. 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. Section 5. 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: Language in bold italics is new language to be added; Language with line dr-a.,~ thfough is old language to be deleted. 2 ZONING Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential LC-10 PR-10 RR-3 Residential Use Table LC-42 MDR NR PR-42 RR-5 WR Private school SPR SPR SPR Produce stand less than 100 square feet PU PU PU PU PU PU Produce stand greater than 100 square feet SPR SPR SPR SPR SPR SPR Public or semipublic building SPR SPR SPR SPR SPR SPR Riding academy SPR SPR SPR Sand,gravel and topsoil extraction, SUP° commercial Sawmill,chipping or pallet mill SUP SUP Single-family dwelling PU/SPW PU PU PU PU PU Sportmen's club/firing range SUP Townhouse SPR Tree Service/Landscape Company SPR Veterinary clinic SPR SUP SUP Water extraction SPR Allowed within Mobile Home Overlay District;additional regulations apply. Z Site plan review required for properties within the Adirondack Park. 3 More than one duplex per parcel requires site plan review. d Limited to parcel sites of 25 acres or greater. s Class A Marinas not allowed on Glenn Lake,Sunnyside Lake and Dream Lake. 179 Attachment 2:3