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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 thth 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,” 2 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 3 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. th 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 4 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. 5 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. 6