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137.2010 LL 2 2010 Subdivision of Land RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2010 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER A183 “SUBDIVISION OF LAND” AND REPLACING IT WITH NEW CHAPTER A183 “SUBDIVISION OF LAND” RESOLUTION NO.: 137, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th 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 comprehensive revisions to the Town’s Subdivision Code (Chapter A183 of the Town Code), and WHEREAS, on May 17, 2007 the PORC adopted a Resolution forwarding the draft Subdivision Code revisions to the Town Board for its review and consideration, and WHEREAS, the Town Board made additional changes to the draft Subdivision Code revisions and caused the draft revisions to be put into the form of proposed Local Law No. 2 of 2010, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2010 to repeal current Queensbury Town Code Chapter A183 entitled “Subdivision of Land,” and replace it with a new Chapter A183 “Subdivision of Land,” and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed revised Subdivision Code and obtain a recommendation from the Warren County Planning Board before enacting the legislation, and th WHEREAS, on or about March 10, 2010 the Warren County Planning Board considered the proposed Local Law and determined that there would be no County impact, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed revised Zoning Code prior to adoption, 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 th WHEREAS, on or about March 12, 2010 the Adirondack Park Agency considered the proposed Local Law and approved its adoption by the Town, and WHEREAS, by Resolution No.: 120,2010, the Town Board determined that this action would not have a significant adverse impact on the environment, declared a Negative Declaration under SEQRA and authorized the filing of a SEQRA Negative Declaration Notice of Determination of Non- Significance, and th WHEREAS, the Town Board duly held a public hearing on Monday, March 15, 2010 and heard all interested persons, and 2 WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2010 to repeal current Queensbury Town Chapter A183 entitled "Subdivision of Land" and replace it with a new Chapter A183 “Subdivision of Land” as 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 Local Law to the Town Planning Board, Town Zoning Board of Appeals, Zoning Administrator, County Planning Board and Adirondack Park Agency in accordance with §179-15-080(D) of the Town Zoning Law; 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 immediately upon filing with the Secretary of State. th Duly adopted this 15 day of March, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None 3