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2.1B 2.1(B) WASTEWATER-SEWER\Greater Qby Consolidated Extension#2—Tidal Wave Auto Spa-APPROVE after PH—5-3-2022 RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 2 TO SERVE TIDAL WAVE AUTO SPA LOCATED AT 708 QUAKER ROAD, QUEENSBURY RESOLUTION NO. ,2022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708 Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Pennoni Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer District Extension 42 (Extension 42) to connect the proposed Property to the existing Greater Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Extension 42, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, on April 18t", 2022 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be paid for by the property owner and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the estimated annual cost of the Extension to the property in the Extension; (f)the proposed method of financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (h) the time and place of a public hearing on the proposed Extension; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also placed on the Town's website, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Extension to the Property were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, the estimated annual cost of the Extension to the parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, a public hearing on the proposed Extension was duly held on Monday, May 2nd 2022 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has considered the establishment of the Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative 2 Declaration concerning environmental impacts, and WHEREAS, the Town Board wishes to establish the proposed Extension in accordance with Town Law Article 12-A, and NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension; 4. It is in the public interest to establish, authorize, and approve the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 2 to the Greater Queensbury Consolidated Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Extension to be as described in the Map,Plan and Report and Public Hearing Order; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 2 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report and Public Hearing Order and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 3 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any necessary permits or approvals from the New York State Department of Transportation and any other required permits; 4. The Town being satisfied that construction of all improvements has occurred in accordance with the Map, Plan and Report and subsequent dedication of all improvements to the satisfaction of the Town; 5. Permissive Referendum in the manner provided in New York State Town Law Article 7; and 6. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to Permissive Referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file,post and publish such Notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a form to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 2nd day of May, 2022,by the following vote: AYES NOES ABSENT: 4