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299.2011 LL5 Fertilizer RESOLUTION ENACTING LOCAL LAW NO.: 5 OF 2011 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 107 ENTITLED, “LAWN FERTILIZER AND PESTICIDE RUNOFF CONTROL” RESOLUTION NO.: 299, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 5 of 2011 to amend the Queensbury Town Code by adding a new Chapter 107 entitled "Lawn Fertilizer and Pesticide Runoff Control,” in an effort to better regulate land use management practices specifically by limiting water body exposure to nitrates, phosphorus compounds and pesticide-related chemicals, reduce water body contamination, improve water body ecosystem integrity and assure healthier human, animal and plant habitats, such regulations pertaining to the shores of Glen Lake, Lake Sunnyside and the portion of Lake George within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing concerning such proposed Local Law th on Monday, September 12, 2011 and heard all interested persons, and WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA), the Town Board must determine the environmental significance of the proposed Local Law; and WHEREAS, the Town Board has determined that the proposed Local Law is an Unlisted Action under the State Environmental Quality Review Act ("SEQRA"), has determined to conduct uncoordinated SEQRA review and has completed Parts I and II of the SEQRA Short Environmental Assessment Form ("EAF"); NOW, THEREFORE, BE IT RESOLVED, that the Town Board determines that there will be no adverse environmental impacts from proposed Local Law No.: 5 of 2011 and adopts and authorizes the filing of a Negative Declaration for the proposed Local Law under the State Environmental Quality Review Act ("SEQRA") in substantially the same form as attached to this Resolution; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5 of 2011 to amend the Queensbury Town Code by adding a new Chapter 107 entitled "Lawn Fertilizer and Pesticide Runoff Control,” 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 26 day of September, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi