055.2021 LL 1 of 2021 Amend Zoning to Revise Definitions Allowed used in Residential Dist.
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: 1 OF 2021 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 ENTITLED, “ZONING” TO
REVISE §179-2-010(C) "DEFINITIONS" AND TABLE 2: SUMMARY
OF ALLOWED USES IN RESIDENTIAL DISTRICTS
RESOLUTION NO.: 55, 2021
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: 1 of
2021 entitled, “A Local Law Amending Town of Queensbury Zoning Law to Establish
Tree, Arborist and/or Landscape Service Regulations” to allow for the addition of Tree
Service/Landscape Company uses as allowed by Special Use Permit and 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 the Town
made the referral, and
WHEREAS, zoning changes are subject to Warren County Planning Department review in
accordance with §239-m of NYS General Municipal Law and the Town duly made the necessary
referral, and
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the
proposed Zoning Code amendments prior to adoption and the Town duly made the necessary
referral, and
WHEREAS, by letter of January 8, 2021, the Adirondack Park Agency advised that
it reviewed and has approved the proposed Zoning Code amendments pursuant to the
terms of the Town’s Agency-Approved Local Land Use Program, and
WHEREAS, on or about January 5, 2021 the Warren County Planning Department
considered the proposed Local Law and determined that it would have no County impact, and
WHEREAS, on or about January 19, 2021 the Town Planning Board considered the
proposed zoning change and did not identify any significant adverse impacts that cannot be mitigated,
and
WHEREAS, the Town Board duly conducted a public hearing concerning proposed Local
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Law No.: 1 of 2021 on January 11 and again on January 25, 2021, heard all interested parties and
closed the public hearing, and
WHEREAS, the Town Board, as Lead Agency for the environmental review required under
the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 1 of 2021
as well as potential impacts of certain related changes to the Town’s Comprehensive Plan and finds
that no significant adverse environmental impacts are expected to result, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposed Local Law, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1 of 2021 as
presented at this meeting, hereinafter referred to as the “legislation,”
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes
to the Town Zoning Code will not result in any large or important detrimental impacts and will
not have a significant adverse impact on the environment, and therefore declares a Negative
Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative
Declaration - Notice of Determination of Non-Significance for this action, and
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or
Director of Planning, Zoning and Code Compliance to file any necessary documents relating to
this Negative Declaration in accordance with applicable laws and regulations, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: 1 of 2021 to amend
Queensbury Town Code Chapter 179, “Zoning,” entitled, “A Local Law Amending Town of
Queensbury Zoning Law to Establish Tree, Arborist and/or Landscape Service Regulations”
to allow for the addition of Tree Service/Landscape Company uses as allowed by Special
Use Permit and Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural
Residential 5 Acre (RR-5A) Zoning Districts as substantially in the form presented at this meeting,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 1 of 2021 to the
Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren
County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and
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BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit
approved Local Law No.: 1 of 2021 to the New York State Secretary of State for filing, in
accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local
Law will take effect immediately upon filing by the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to
effectuate the intent and provisions of this Resolution.
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Duly adopted this 25 day of January, 2021, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
LOCAL LAW NO. 1 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
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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. §179-2-010(C) is hereby amended to add the following definition:
TREE SERVICE/LANDSCAPE COMPANY - A business that provides services such as
tree/plant removal, pruning, arborist service and landscaping. This service could 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 may be included in this
use. On-site processing, such as cutting, trimming, milling, chipping and grinding is not
included in this use.
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.
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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.
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