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LL 01.2021 ToQ Zoning Law Est Tree, Arborist &/or Landscape Service Reg New York State Department of State • Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Local Law FilingAlbany,NY 12231-0001 • www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ['County ❑City ®Town Village (Select one) of Queensbury Local Law No. 1 of the year 20 21 Alocallaw Amending Town of Queensbury Zoning Law to Establish (Insert Title) Tree, Arborist and/or Landscape Service Regulations Be it enacted by the Town Board of the (Name of Legislative Body) ['County ['City ®Town ❑Village (Select one) of Queensbury as follows: Section 1. Authority — This Local Law is adopted in accordance with New York.Town 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 (If additional space is needed,attach pages the same size as this sheet, and number each.) DS-0239-f-I (Rev.06/12) , , Page 2 of 4 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 Special Use Permit 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. 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. ( 2 ) ZONING Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential LC-10 PR-10 RR-3 Residential Use Table LC-42 MDR NR PR-42 RR-5 WR Private school SPR SPR SPR Produce stand less than 100 square feet PU PU PU PU PU PU Produce stand greater than 100 square feet SPR SPR SPR SPR SPR SPR Public or semipublic building SPR SPR SPR SPR SPR SPR Riding academy SPR SPR SPR Sand,gravel and topsoil extraction, SUP° commercial w Sawmill,chipping or pallet mill SUP SUP Single-family dwelling PU/SPR2 PU PU PU PU PU Sportmen's club/firing range SUP Townhouse SPR Tree Service/Landscape Company SUP Veterinary clinic SPR SUP SUP Water extraction SPR ' Allowed within Mobile Home Overlay District;additional regulations apply. 2 Site plan review required for properties within the Adirondack Park. 3 More than one duplex per parcel requires site plan review. ° Limited to parcel sites of 25 acres or greater. s Class A Marinas not allowed on Glenn Lake, Sunnyside Lake and Dream Lake. 179 Attachment 2:3 • (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 2 of the (&&et tty)(gi•ly t own , illage) of Queensbury was duly passed by the Town Boa • on 1 /2 5 20 21 , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 , and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer') on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on - 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer') law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. ( 4 ) )S-0239-f-I (Rev.06/12) Page 3 of 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this ffice and that the same is a correct transcript therefrom and of the whole of such original local la and was final) adopte 'n e manner indicated in paragraph , 1 above. / Clerk of the county legislative body, City,Town or Village Clerk or officer designated by local legislative body (Seal) Date: — oZ 0-�a� 5 ) IS-0239-f-I (Rev.06/12) Page 4 of 4 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 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 Special Use Permit in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts. _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 1 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. 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. _______________________________________________ Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 2