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167.2010 LL5 Overlay Dist. RESOLUTION ENACTING LOCAL LAW NO.: 5 OF 2010 TO MODIFY, RESTATE AND REAFFIRM QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” SECTION 179-4-110 ENTITLED “UNDERGROUND UTILITIES OVERLAY DISTRICT” RESOLUTION NO. 167, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board (Town) wishes to consider adoption of Local Law No.: 5 of 2010 to modify, restate and reaffirm in its entirety Queensbury Town Code Chapter 179, “Zoning,” §179-4-110 entitled “Underground Utilities Overlay District,” originally enacted by Local Law 6 of 2004 and thereafter amended by Local Law 1 of 2005, and WHEREAS, the Town wishes to alter the bounds of the Underground Utility Overlay District relative to certain portions of adjacent roadways that intersect with the corridors of the Underground Utility Overlay District, and WHEREAS, the Town wishes to clarify when new aboveground facilities can be constructed within the Underground Utilities Overlay District, and WHEREAS, Notice of Public Hearing was provided to neighboring municipalities and the Warren County Planning Board, and th WHEREAS, on March 16, 2010, the Town Clerk duly forwarded the proposed Local Law to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M and the Town has not received any response within the 30 day period set by law, and WHEREAS, if the Town Board does not receive a response from the Warren County Planning Board within 30 days, the Town is authorized to act, and th WHEREAS, the Town Board duly held a public hearing on Monday, April 19, 2010 and heard all interested persons, and 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 Town Board has reviewed a SEQRA Full Environmental Assessment Form relating to the Underground Utilities Overlay Zone and its previous and proposed amendments and determines that the proposed amendment will not result in any new or different environmental impacts not previously identified during the SEQRA review for the enactment of Underground Utilities Overlay District (Local Law # 6 of 2004) and its previous amendment (Local Law # 1 of 2005) and that the proposed amendment will not, in itself, result in any significant adverse environmental impacts, and BE IT FURTHER, RESOLVED, that, both separately and when considered together, the Underground Utilities Overlay District (Local Law # 6 of 2004) and its previous amendment (Local Law # 1 of 2005) and the proposed amendment and the Main Street Utilities Relocation Project will not result in any significant adverse environmental impacts, and BE IT FURTHER RESOLVED, that the Queensbury Town Board therefore reaffirms its prior SEQRA Negative Declarations with regard to the Underground Utilities Overlay District (Local Law #6 of 2 2004, as amended by Local Law #1 of 2005 and proposed Local Law # 5 of 2010) and authorizes the filing of a SEQRA Negative Declaration relating to the Underground Utilities Overlay District as so amended. BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5 of 2010 to modify, restate and affirm Queensbury Town Code Chapter 179, “Zoning,” §179-4-110 entitled “Underground Utilities Overlay District,” as presented at this meeting, and amends the official Town Zoning Map to reflect the enactment of such Local Law, 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 and Zoning Map to the Town Planning Board, Town Zoning Board of Appeals and Zoning Administrator in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, § RESOLVED, that the Town Board modifies, restates and reaffirms 179-4-110 entitled, “Underground Utilities Overlay District,” as amended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law, and the official Town Zoning Map, as amended,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. 3 th Duly adopted this 19 day of April, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None 4