05-01-2023 MTG #14 Regular Town Board Meeting, 05-01-2023, MTG#14 289
REGULAR TOWN BOARD MEETING MTG #14
MAY 1, 2023 RES. #171-181
7:00 P.M.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
MARK SCHACHNER, ESQ.
PRESS
Look TV
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON TIMOTHY MCNULTY
1.0 PUBLIC HEARING
1.2 PUBLIC HEARING—PROPOSED LOCAL LAW NO.: OF 2023 AND LOCAL
LAW NO.: OF 2023 WHICH REPEAL QUEENSBURY TOWN CODE CHAPTER 88
AND REPLACE IT WITH CHAPTER 88A AND CHAPTER 88B
Publication Date: April 23, 2023
SUPERVISOR STROUGH reviewed proposed Local Law, noting this gets us up to speed with
what New York State expects. So there is a public hearing on this and I'll open the public
hearing. Is there anybody that would like to talk about our changing of Chapter 88 which
basically talks about our Building and Codes? 88A like I said, talks about Enforcement
Officials and Personnel, 88B talks about the State Uniform Code and Energy Code. Is there
anybody here tonight that would like to ask questions or share thoughts on our proposed 88A and
8813? Seeing no interest from the public I'll close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING LOCAL LAW NO.: 4 OF 2023 AND
LOCAL LAW NO.: 5 OF 2023 REPEALING QUEENSBURY TOWN CODE
CHAPTER 88 AND REPLACING IT WITH
CHAPTER 88A AND CHAPTER 88B
RESOLUTION NO.: 171, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Chapter 88 of the Queensbury Town Code currently recognizes the offices of
the Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator and
establishes the process by which these offices are filled and the method by which others are
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appointed to assist such Officials in their duties, and
WHEREAS, Chapter 88 also sets forth certain substantive requirements pertaining to
enforcement of the New York State Uniform Fire Prevention and Building Code and the State
Energy Conservation Construction Code, and
WHEREAS, the New York State Department of State has adopted certain regulatory
changes that impact the substantive requirements applicable to local Code Enforcement programs,
and
WHEREAS, these regulatory changes necessitate amendment of Chapter 88, and
WHEREAS,to best facilitate these changes,the Queensbury Town Board wishes to replace
Chapter 88 with a new Chapter 88A continuing the establishment of Enforcement Officials and
other personnel, and Chapter 88B which complies with the State regulatory changes concerning
the Town's Code Enforcement program, and
WHEREAS, the Town Board has conducted a Public Hearing on Monday, May 1, 2023,
concerning Local Law 4 of 2023 which, if adopted,would replace current Chapter 88 with Chapter
88A, and Local Law 5 of 2023, which, if adopted,would enact Chapter 88B, and
WHEREAS, at that time, the Town Board heard from all members of the public present
that wished to be heard on the issue of adoption of these Local Laws, and
WHEREAS, the Town Board has reviewed the draft Local Laws and considered any
comments provided at the Public Hearing, and finds that it would be appropriate and desirable to
adopt the Local Laws,
NOW, THEREFORE, BE IT
RESOLVED, that adoption of these Local Laws constitute a Type II Action pursuant to
the State Environmental Quality Review Act (SEQRA) and therefore no SEQRA review is
warranted, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 4 of 2023
replacing Chapter 88 with new Chapter 88A, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 5 of 2023
enacting new Chapter 88B, and
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BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file
such Local Laws with the New York Department of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Counsel to execute any required documents and take any and all actions
necessary to effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED,that the Town Board hereby directs the Town Supervisor, Town Clerk and/or
Town Counsel to share these Local Laws with the Adirondack Park Agency.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
LOCAL LAW NO.: 4 OF 2023
A LOCAL LAW REPEALING AND REPLACING TOWN CODE
CHAPTER 88 ENTITLED "FIRE PREVENTION AND BUILDING
CONSTRUCTION" WITH NEW CHAPTER 88A ENTITLED
"ENFORCEMENT OFFICIALS AND PERSONNEL"
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
ARTICLE 1. Intent; Authority Prior to adoption of this Local Law, Chapter 88 set forth the
various officials responsible for enforcing the various provisions of Local and State laws and
regulations and also established certain substantive obligations pertaining to the New York State
Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy
Conservation Construction Code (the Energy Code). Certain State Regulatory changes to 19
NYCRR Part 1203 have necessitated revisions to local provisions concerning such matters. As a
result, it became necessary to divide prior Chapter 88 into Chapter 88A (addressing provisions
pertaining to enforcement officials) and Chapter 88B to (addressing specific changes to
enforcement of the State Uniform Code and Energy Code.
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ARTICLE 2. Chapter 88 of the Town Code entitled "Fire Prevention and Building Construction
is hereby repealed and Chapter 88A of the Queensbury Town Code, entitled "Enforcement
Officials and Personnel" is hereby enacted as follows:
§ 88A-1. Title.
This Chapter shall be known as "Enforcement Officials and Personnel"."
§ 88A-2. Intent.
It is the intent of this Chapter to provide for the continuation of administration and enforcement of
the provisions of all applicable laws, codes, ordinances, regulations
§ 88A-3. Department of Building and Code Enforcement; Director.
A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the
establishment and continuation of the Department known as the "Department of Building
and Code Enforcement," hereinafter referred to as "Department."
B. Purpose. The purpose of this Department is for the administration and enforcement of the
provisions of all laws, ordinances, rules, regulations and orders applicable to the location,
design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy,
removal and demolition of buildings, structures and appurtenances located in the Town,with
the exception of administration and enforcement of Chapter 179 (Zoning), Chapter A183
(Subdivision of Land) and Chapter 140 (Signs) of the Code of the Town of Queensbury,
which shall be administered and enforced by an officer or employee who is designated by
the Town Board of the Town of Queensbury as the Zoning Administrator, as provided for
herein. The Department of Building and Code Enforcement shall continue to be charged
with the duty to enforce said Chapter 179(Zoning), Chapter A183 (Subdivision of Land) and
Chapter 140 (Signs), but shall not otherwise assume the duties assigned to the Zoning
Administrator, other than as expressly set forth herein. Nothing herein shall be deemed to
prevent the assignment or delegation of the duties, responsibilities and/or authority of the
Zoning Administrator to any officer or employee of the Department of Building and Codes.
C. Personnel.
1) Director of Building and Code Enforcement. The Department shall be headed by a
Town official designated as the "Director of Building and Code Enforcement." The
Director of Building and Code Enforcement shall be appointed by the Town Board at
a compensation to be fixed by it. The Director of Building and Code Enforcement shall
report directly to the Town Board and Town Supervisor and shall not be under the
jurisdiction of any other Town department.
2) Assistant Building Inspectors and Code Enforcement Officers. The Town Board may
appoint one or more Assistant Building Inspectors and Code Enforcement Officers as
the need may appear, at a compensation to be fixed by it. The Assistant Building
Inspectors and Code Enforcement Officers shall report to the Director of Building and
Code Enforcement and, when requested, to the Town Board.
3) Other employees. The Town Board may appoint such other employees as may be
deemed necessary or desirable to carry out the functions of the Department. The
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compensation of such employees shall be fixed by the Town Board.
4) Acting Director of Building and Code Enforcement. In the absence of the Director of
Building and Code Enforcement, or in the case of his or her inability to act for any
reason, the Town Supervisor shall have the power, with the consent of a majority of
the Town Board, to designate a person to act on behalf of the Director of Building and
Code Enforcement and to exercise all the powers conferred upon him or her by this
Chapter.
§ 88A-5. Fire Marshal.
A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the
establishment and continuation of the office to be known as the "Office of the Fire Marshal."
B. Purpose. The purpose of this Office is for the administration and enforcement of the
provisions of all laws, ordinances, rules, regulations and orders applicable to fire prevention
and fire/life-safety.
C. Personnel.
1) Fire Marshal. The Office shall be headed by a Town official designated as the "Fire
Marshal". The Fire Marshal shall be appointed by the Town Board and shall hold office
at its pleasure at an annual salary to be determined by the Town Board. The Fire
Marshal shall report directly to the Town Board and Town Supervisor and shall not be
under the jurisdiction of any other Town department.
2) Deputy Fire Marshal. One or more Deputy Fire Marshals may be appointed by the
Town Board at an annual salary to be determined by the Town Board. These
appointments shall continue at the pleasure of the Town Board. Each Deputy Fire
Marshal shall have the authority to make fire prevention inspections under the Fire
Code of New York State. A copy of any inspection report or other report of other
official action shall be filed with the Fire Marshal. Each Deputy Fire Marshal shall
report to the Fire Marshal and, when requested, to the Town Board.
3) Other employees. The Town Board may appoint such other employees as may be
deemed necessary or desirable to carry out the functions of this Office. The
compensation of such employees shall be fixed by the Town Board.
4) Acting Fire Marshal. In the absence of the Fire Marshal or in the case of his or her
inability to act for any reason, the Town Supervisor shall have the power, with the
consent of a majority of the Town Board, to designate a person to act on behalf of the
Fire Marshal and to exercise all the powers conferred upon the Fire Marshal by this
Chapter.
§ 88A-6. Zoning Administrator.
A. The Town Board of the Town of Queensbury does hereby acknowledge and ratify the
establishment and continuation of the position of Zoning Administrator,which administrator
has and shall continue to have the duty and responsibility of administrating and enforcing
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Chapter 179 (Zoning) of the Code of the Town of Queensbury and making such orders,
requirements, decisions or determinations as may be necessary to carry out said duties and
responsibilities. The Zoning Administrator shall also have the duty, responsibility and
authority to administer and enforce Chapter A183 (Subdivision of Land) and Chapter 140
(Signs) of the Code of the Town of Queensbury.
B. The position and duties, responsibilities and authority of Zoning Administrator may be
assigned or delegated by the Town Board of the Town of Queensbury to any qualified
employee or officer of the Town. The position of Zoning Administrator and accompanying
duties, responsibilities and authority may be assigned or delegated to any Town officer or
employee simultaneously with or in addition to any other duties and responsibilities or
authority that that individual officer or employee may otherwise hold. The Town Board may,
but shall not be obligated to, grant additional compensation or alter or change the affected
officer's or employee's duties or responsibilities as a result of the additional zoning
administration duties, responsibilities or authority delegated or assigned to the officer or
employee. In addition to the foregoing, in the event that the Town Board determines that it
shall be necessary, the position and duties, responsibilities and authority of Zoning
Administrator may be assigned to an officer or employee or a person whose sole duties will
be that of full-time or part-time Zoning Administrator. The Town Board may also appoint
such other employees as may be deemed necessary to assist in carrying out the functions of
the Zoning Administrator. Compensation of such other and further additional employees
shall be fixed by the Town Board.
C. The position of Zoning Administrator and the duties,responsibilities and authority incidental
thereto shall be vested in any particular officer or employee at the pleasure of the Town
Board and such position of Zoning Administrator may be revoked or reassigned to other
officers or employees as deemed appropriate by the Town Board.
D. In the absence of the Zoning Administrator or in the case of his inability to act for any reason,
the Town Supervisor shall have the power,with the consent of a majority of the Town Board,
to designate a person to act on behalf of the Zoning Administrator and to exercise all of the
power conferred upon him or her by this Chapter.
§ 88A-7. Powers and duties of Director, Fire Marshal and Zoning Administrator.
A. Director of Building and Code Enforcement. Except as otherwise provided by law,
ordinance, rule or regulation, the Director of Building and Code Enforcement shall have the
authority to administer and enforce all provisions of laws, codes, ordinances, rules,
regulations and orders applicable to the location, design, materials, construction, alteration,
repair, equipment, maintenance, use, occupancy, removal and demolition of buildings,
structures and appurtenances thereto; receive, review, and approve or disapprove
applications for building permits, certificates of occupancy, temporary certificates and
operating permits, and the plans, specifications and construction documents submitted with
such applications, and, upon approval of such applications, issue building permits,
certificates of occupancy, temporary certificates and operating permits, and include in
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building permits, certificates of occupancy,temporary certificates and operating permits such
terms and conditions as the Director of Building and Code Enforcement may determine to
be appropriate;conduct construction inspections, inspections to be made prior to the issuance
of certificates of occupancy, temporary certificates and operating permits, property
maintenance inspections, inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this chapter not specifically
delegated as responsibilities of the Fire Marshal, except that the administration of the Zoning
Ordinance shall be vested in the Zoning Administrator as herein provided. Further, the
Director of Building and Code Enforcement shall have all authority, powers, duties and
responsibilities provided to the Building Inspector, as such position is defined and provided
for under New York State Town Law § 138 and shall have the authority set forth in Town
Code Chapter 88B.
B. Fire Marshal. Except as otherwise provided by law, ordinance, rule or regulation, the Fire
Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and
orders applicable to fire prevention and fire/life-safety. The Fire Marshal shall administer
and enforce the Building Code and Fire Code of New York State and shall have the authority
set forth in Town Code Chapter 88B.
C. Zoning Administrator. Except as otherwise provided by law, ordinance, rule or regulation,
the Zoning Administrator shall administer and enforce Chapter 179 (Zoning), Chapter A183
(Subdivision of Land) and Chapter 140(Signs) of the Code of the Town of Queensbury. The
Zoning Administrator's duties and responsibilities shall consist of the following:
1) Reviewing all applications for variances,permits or other types of approvals requested
of or required by the Town of Queensbury, the Zoning Board of Appeals and/or the
Planning Board of the Town of Queensbury.
2) Reviewing all building permits and sign permits to determine compliance with the
Chapter 179 (Zoning) of the Code of the Town of Queensbury.
3) Making decisions, orders, requirements or determinations as to the applicability of
Chapter 179 (Zoning), Chapter A183 (Subdivision of Land) and Chapter 140 (Signs)
of the Code of the Town of Queensbury.
4) Keeping appropriate records of any orders, requirements, determinations or decisions
made.
5) Attending meetings of the Zoning Board, Planning Board and Town Board when
appropriate.
6) Making site visits when appropriate.
D. Joint responsibilities on the Building Code. The Director of Building and Code Enforcement
and the Fire Marshal shall jointly administer and enforce those provisions of the Building
Code dealing with building construction related to fire prevention and fire/life safety, as set
forth in Chapter 88B.
E. Other duties.
1) The Director of Building and Code Enforcement and/or the Fire Marshal, as may be
appropriate, shall have the authority to issue notices or orders to remove illegal or
unsafe conditions, to require the necessary safeguards during construction or
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demolition and to assure compliance with all applicable laws, codes, ordinances, rules
and regulations.
2) The Director of Building and Code Enforcement, Fire Marshal and Zoning
Administrator shall keep official records of all transactions and activities of their
respective offices, including records of all applications received, all permits and
certificates issued, inspections conducted and notices and orders issued.
3) In addition to duties specified in this Chapter, the Director of Building and Code
Enforcement, Fire Marshal and Zoning Administrator shall have the authority to
perform such other duties as may be assigned by the Town Board by Local Law or
Ordinance.
4) In accordance with the Labor Law of the State of New York, the Town Board of the
Town of Queensbury may,by resolution, cause the Town of Queensbury to assume full
responsibility for enforcing the provisions of Article 17 of the Labor Law of the State
of New York,titled "Public Safety," and rules adopted thereunder. In the event that the
Town Board of the Town of Queensbury adopts said resolution, the Director of
Building and Code Enforcement, his assistants, employees and department may be
assigned and/or delegated any inspection and enforcement duties required by said
Article 17 of the Labor Law by the Town Board of the Town of Queensbury.
§ 88A-8. Powers and duties of assistants and deputies; notification of fire or explosion.
A. All Assistant Building Inspectors, Code Enforcement Officers and Deputy Fire Marshals
provided for herein shall have any or all of the authority, powers, duties and responsibilities
of the Director of Building and Code Enforcement or Fire Marshal, as may be assigned or
delegated by the respective Director or Fire Marshal and with the consent of the Town Board
when required herein or by the Town Board by Local Law or Ordinance.
B. The chief of any fire department or volunteer fire company providing fire-fighting services
for properties within the Town of Queensbury shall promptly notify the Director of Building
and Code Enforcement and the Fire Marshal of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
§ 88A-9. Cooperation of other departments.
The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator may
request and shall receive, so far as may be necessary in the discharge of their duties, the assistance
and cooperation of all other municipal officials exercising any jurisdiction over the construction,
use or occupancy of buildings or the installation of equipment therein.
§ 88-10. Applicability of standards.
The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator, as may
be appropriate, shall have the discretion to permit the continuance of existing conditions within
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their respective areas of authority, not in strict compliance with the terms of this Chapter or other
provisions of this Town Code where the exceptions do not constitute a distinct hazard to life or
property.
ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with
any part of this Local Law are hereby repealed, including Town Code Chapter 88.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State
Secretary of State.
LOCAL LAW NO.: 5 OF 2023
A LOCAL LAW ADOPTING NEW CHAPTER 88B ENTITLED "FIRE
PREVENTION AND BUILDING CONSTRUCTION"
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
ARTICLE 1. This Local Law provides for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy
Conservation Construction Code (the Energy Code) in the Town of Queensbury. This Local Law
is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided
in the Uniform Code, the Energy Code Other State Law, or other section of this Local Law, all
buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions
this Local Law.
ARTICLE 2. Chapter 88B of the Queensbury Town Code, entitled"Fire Prevention and Building
Construction" is hereby enacted as follows:
§ 8813-1 Title.
This Chapter shall be known as "Fire Prevention and Building Construction".
§ 8813-2. Intent
It is the intent of the Town Board of the Town of Queensbury through adoption of this Chapter to
continue to provide for the administration and enforcement of the provisions of the Uniform Code
and Energy Code of the State of New York.
§ 8813-3. Definitions
In this Chapter, the following terms shall have the meanings set forth in this section:
"Assembly Area" shall mean an area in any building, or in any portion of a building, that is
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primarily used or intended to be used for gathering fifty or more persons for uses including, but
not limited to, amusement, athletic, entertainment, social, or other recreational functions;
patriotic,political, civic, educational, or religious functions; food or drink consumption; awaiting
transportation; or similar purposes.
"Building Permit" shall mean a building permit, construction permit, demolition permit, or
other permit that authorizes the performance of work. The term `Building Permit" shall also
include a Building Permit which is renewed, amended, or extended pursuant to any provision
of this Chapter.
"Certificate of Compliance"shall mean a document issued by the Town of Queensbury stating that
work was done in compliance with approved construction documents and the Codes.
"Certificate of Occupancy" shall mean a document issued by the Town of Queensbury certifying
that the building or structure, or portion thereof, complies with the approved construction
documents that have been submitted to and approved by the Town of Queensbury and indicating
that the building or structure, or portion thereof, is in a condition suitable for occupancy.
"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to
section 8813-5 of this Chapter. When exercising his/her authority under section 88B-5(C), this
term shall also include the Fire Marshal and/or Deputy Fire Marshals appointed by the Town
Board.
"Code Enforcement Personnel"shall include the Code Enforcement Officer and all Inspectors and,
in certain circumstances, the Fire Marshal and all Deputy Fire Marshals.
"Codes" shall mean the Uniform Code and Energy Code.
"Energy Code" shall mean the New York State Energy Conservation Construction Code adopted
pursuant to Article 11 of the Energy Law.
"FCNYS"'shall mean the 2020 Fire Code of New York State as currently incorporated by reference
in 19 NYCRR Part 1225.
"Fire Safety and Property Maintenance Inspection" shall mean an inspection performed to
determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications
incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the
publications incorporated therein by reference.
"Hazardous Production Materials" shall mean a solid, liquid, or gas associated with
semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or
instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the
Hazards of Materials for Emergency Response), and which is used directly in research, laboratory,
or production processes which have, as their end product, materials that are not hazardous.
"Inspector" shall mean an inspector appointed pursuant to section 8813-5 of this Chapter.
"Operating Permit" shall mean a permit issued pursuant to section 8813-12 of this Chapter and
shall include any Operating Permit which is renewed, amended, or extended pursuant to any
provision of this Chapter.
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"Order to Remedy" shall mean an order issued by the Code Enforcement Officer pursuant to
subdivision (a) of section 8813-19 of this Chapter.
"Permit Holder" shall mean the Person to whom a Building Permit has been issued.
"Person" shall include an individual, corporation, limited liability company, partnership, limited
partnership, business trust, estate,trust, association, or any other legal or commercial entity of any
kind or description.
"PMCNEV' shall mean the 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
"RCNYS"' shall mean the 2020 Residential Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1220.
"Repair"shall mean the reconstruction,replacement, or renewal of any part of an existing building
for the purpose of its maintenance or to correct damage.
"Stop Work Order" shall mean an order issued pursuant to section 8813-8 of this Chapter.
"Sugarhouse" shall mean a building used, in whole or in part, for the collection, storage or
processing of maple sap into maple syrup and/or maple sugar.
"Temporary Certificate of Occupancy" shall mean a certificate issued pursuant to subdivision (D)
of section 8813-9 of this Chapter.
"Town" shall mean the Town of Queensbury.
"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the
Executive Law.
§ 88B-4. Applicability of standards.
The provisions of this Chapter relating to maintenance, housekeeping and behavior regulations so
as to protect life and property against the hazards of fire, explosion and the release of toxic gases
arising from the storage, handling or use of combustible or hazardous substances, materials or
devices shall apply equally to new and existing buildings and conditions.
§88B-5. Authority to enforce the Uniform Code and Energy Code of the State of New York.
A. In addition to authority otherwise delegated to such officials by law, rule, regulation or order,
the Town Director of Code Enforcement and all Assistant Building Inspectors/Code Enforcement
Officers thereunder, shall have the following authority:
1) To receive,review, and approve or disapprove applications for Building Permits, Certificates
of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating
Permits, and the plans, specifications, and construction documents submitted with such
applications;
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2) Upon approval of such applications, to issue Building Permits, Certificates of Occupancy,
Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to
include in terms and conditions as the Code Enforcement Officer may determine to be appropriate
Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates
of Occupancy, and Operating Permits;
3) To conduct construction inspections; inspections to be made prior to the issuance of
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of
Occupancy, and Operating Permits; fire safety and property maintenance inspections;
inspections incidental to the investigation of complaints; and all other inspections required
or permitted under any provision of this Chapter;
4) To issue Stop Work Orders;
5) To review and investigate complaints;
6) To issue orders pursuant to subdivision (A) of section 8813-19 (Violations) of this
Chapter;
7) To maintain records;
8) To collect fees as set by the Town Board of the Town of Queensbury;
9) To pursue administrative enforcement actions and proceedings;
10) In consultation with the Town's Legal Counsel, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this
Chapter, or to abate or correct conditions not in compliance with the Uniform Code, the
Energy Code or this Chapter; and
11) To exercise all other powers and fulfill all other duties conferred upon the Code
Enforcement Officer by this Chapter.
B. Prior to exercising the authority set forth in this Section, each such official or employee must,
within the time prescribed by law, obtain such basic training, in-service training, advanced in-
service training and other training as the State of New York shall require for code enforcement
personnel, and each such person shall obtain certification from the Department of State pursuant
to the Executive Law and the regulations promulgated thereunder.
C. The Fire Marshal and all those appointed to serve under him/her who obtains the necessary
qualifications shall exercise concurrent jurisdiction and shall also have the authority set forth in
this Section, provided, however, that the authority of the Fire Marshal and Deputy Fire Marshals
is limited to conditions which relate to fire prevention and fire/life safety.
D. The Director of Building and Code Enforcement and Fire Marshal shall have the authority to
permit the continuance of existing conditions within their respective areas of authority,not in strict
compliance with the terms of this Chapter where the exceptions do not constitute a distinct hazard
to life or property.
§88B-6. Building Permits.
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A. Building Permits Required. Except as otherwise provided in subdivision(b)of this section,
a Building Permit shall be required for any work which must conform to the Uniform Code
and/or the Energy Code, including, but not limited to, the construction, enlargement,
alteration, improvement, removal, relocation, or demolition of any building or structure or
any portion thereof, and the installation of a solid fuel burning heating appliance, chimney,
or flue in any dwelling unit. No Person shall commence any work for which a Building
Permit is required without first having obtained a Building Permit from the Town of
Queensbury.
B. Exemptions. No Building Permit shall be required for work in any of the following
categories:
1) Any work that falls within the exemptions contained in 19 NYCRR 2103.3(a)(1); and
2) Construction work which is not structural in nature and does not entail the installation of
plumbing, heating or ventilation systems or components in addition to such systems
already in use.
C. Exemptions are not deemed authorization to perform non-compliant work. The exemption
from the requirement to obtain a building permit for work in any category set forth in
subdivision (B) of this section shall not be deemed an authorization for work to be
performed in violation of the Uniform Code or the Energy Code.
D. Applications for Building Permits. Applications for a Building Permit shall be made in
writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.
The application shall be signed by the owner of the property where the work is to be
performed or an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit a determination
by the Code Enforcement Officer that the intended work complies with all applicable
requirements of the Uniform Code and the Energy Code. The application shall include or
be accompanied by the following information and documentation:
1) A description of the location, nature, extent, and scope of the proposed work;
2) The tax map number and the street address of any affected building or structure;
3) The occupancy classification of any affected building or structure;
4) Where applicable, a statement of special inspections prepared in accordance with the
provisions of the Uniform Code; and
5) At least 2 sets of construction documents (drawings and/or specifications) which (i)
describe the location, nature, extent, and scope of the proposed work; (ii) show that the
proposed work will conform to the applicable provisions of the Codes; (iii) show the
location, construction, size, and character of all portions of the means of egress; (iv) show
a representation of the building thermal envelope; (v) show structural information
including but not limited to braced wall designs, the size, section, and relative locations of
structural members, design loads, and other pertinent structural information; (vi) show the
proposed structural, electrical, plumbing, mechanical, fire-protection, and other service
Regular Town Board Meeting, 05-01-2023, MTG#14 302
systems of the building; (vii) include a written statement indicating compliance with the
Energy Code; (viii) include a site plan, drawn to scale and drawn in accordance with an
accurate boundary survey, showing the size and location of new construction and existing
structures and appurtenances on the site, distances from lot lines, the established street
grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways,
and design flood elevations; and (ix) evidence that the documents were prepared by a
licensed and registered architect in accordance with Article 147 of the New York State
Education Law or a licensed and registered professional engineer in accordance with
Article 145 of the New York State Education Law and practice guidelines, including but
not limited to the design professional's seal which clearly and legibly shows both the
design professional's name and license number and is signed by the design professional
whose name appears on the seal in such a manner that neither the name nor the number is
obscured in any way, the design professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional engineer, the
firm's Certificate of Authorization number.
E. Construction documents. Construction documents will not be accepted as part of an
application for a Building Permit unless they satisfy the requirements set forth in paragraph
(5) of subdivision (D) of this section. Construction documents which are accepted as part
of the application for a Building Permit shall be marked as accepted by the Code
Enforcement Officer in writing or by stamp, or in the case of electronic media, an
electronic marking. One set of the accepted construction documents shall be retained by
the Code Enforcement Officer, and one set of the accepted construction documents shall
be returned to the applicant to be kept at the work site so as to be available for use by the
Code Enforcement Personnel. However, the return of a set of accepted construction
documents to the applicant shall not be construed as authorization to commence work,nor
as an indication that a Building Permit will be issued. No work shall be commenced until
and unless a Building Permit is issued.
F. Issuance of Building Permits. An application for a Building Permit shall be examined to
ascertain whether the proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code and the Zoning Law of the Town of Queensbury. The
Code Enforcement Officer shall issue a Building Permit if the proposed work is in
compliance with the applicable requirements of the Uniform Code and Energy Code and
Town Zoning Law.
G. Building Permits to be displayed. Building Permits shall be visibly displayed at the work
site and shall remain visible until the authorized work has been completed.
H. Work to be in accordance with construction documents. All work shall be performed in
accordance with the construction documents which were submitted with and accepted as
part of the application for the Building Permit. The Building Permit shall contain such a
directive. The Permit Holder shall immediately notify the Code Enforcement Officer of
Regular Town Board Meeting, 05-01-2023, MTG#14 303
any change occurring during the course of the work. The Building Permit shall contain
such a directive. If the Code Enforcement Officer determines that such change warrants a
new or amended Building Permit, such change shall not be made until and unless a new or
amended Building Permit reflecting such change is issued.
L Time limits. Building Permits shall become invalid unless the authorized work is
commenced within 12 months following the date of issuance. Building Permits shall
expire 12 months from the date of issuance. A Building Permit which has become invalid
or which has expired pursuant to this subdivision may be renewed upon application by the
Permit Holder,payment of the applicable fee, and approval of the application by the Code
Enforcement Officer.
J. Revocation or suspension of Building Permits. If the Code Enforcement Officer
determines that a Building Permit was issued in error because of incorrect, inaccurate, or
incomplete information, or that the work for which a Building Permit was issued violates
the Uniform Code,the Energy Code of Town Zoning Law, the Code Enforcement Officer
has the absolute authority to revoke the Building Permit or suspend the Building Permit
until such time as the Permit Holder demonstrates that (1) all work then completed is in
compliance with all applicable provisions of the Uniform Code, the Energy Code and
Town Zoning Law; and(2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code, the Energy Code and Town Zoning
Law.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 88-B-20 (Fees) of this Chapter must be paid at the time of submission of an
application for a Building Permit, for an amended Building Permit, or for renewal of a
Building Permit.
§8813-7. Construction Inspections.
A. Work to remain accessible and exposed. Work shall remain accessible and exposed until
inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the
Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when
any element of work described in subdivision (B) of this section is ready for inspection.
B. Elements of work to be inspected. The following elements of the construction process shall
be inspected, where applicable:
1) Work site prior to the issuance of a Building Permit;
2) Footing and foundation;
3) Preparation for concrete slab;
4) Framing;
5) Structural, electrical, plumbing, mechanical, fire-protection, and other similar service
systems of the building;
Regular Town Board Meeting, 05-01-2023, MTG#14 304
6) Fire resistant construction;
7) Fire resistant penetrations;
8) Solid fuel burning heating appliances, chimneys, flues, or gas vents;
9) Inspections required to demonstrate Energy Code compliance, including but not limited to
insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where
required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and controls;
10) Installation, connection, and assembly of factor manufactured buildings and manufactured
homes; and
11) A final inspection after all work authorized by the Building Permit has been completed.
C. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector
authorized to perform construction inspections, a remote inspection may be performed in lieu
of an in-person inspection when, in the opinion of the Code Enforcement Officer or such
authorized Inspector, the remote inspection can be performed to the same level and quality as
an in-person inspection and the remote inspection shows to the satisfaction of the Code
Enforcement Officer or by such authorized Inspector that the elements of the construction
process conform to the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such authorized Inspector
sufficient information to make a determination, an in-person inspection shall be performed.
D. Inspection results. After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the Permit Holder shall be notified as to the manner in which the
work fails to comply with the Uniform Code or Energy Code, including a citation to the specific
code provision or provisions that have not been met. Work not in compliance with any
applicable provision of the Uniform Code or Energy Code shall remain exposed until such work
shall have been brought into compliance with all applicable provisions of the Uniform Code
and the Energy Code, reinspected, and found satisfactory as completed.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid prior to or at the time of each inspection
performed pursuant to this section.
§88B-8. Stop Work Orders.
A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work
Orders pursuant to this section. The Code Enforcement Officer has the authority to issue
a Stop Work Orders to halt:
1) Any work that is determined by the Code Enforcement Officer to be contrary to any
applicable provision of the Uniform Code or Energy Code,without regard to whether such work
is or is not work for which a Building Permit is required, and without regard to whether a
Building Permit has or has not been issued for such work;
Regular Town Board Meeting, 05-01-2023, MTG#14 305
2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the
Code Enforcement Officer, without regard to whether such work is or is not work for which a
Building Permit is required, and without regard to whether a Building Permit has or has not
been issued for such work; or
3) Any work for which a Building Permit is required which is being performed without the
required Building Permit, or under a Building Permit that has become invalid, has expired, or
has been suspended or revoked.
B. Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated
and signed by the Code Enforcement Officer, (3) state the reason or reasons for
issuance, and(4) if applicable, state the conditions which must be satisfied before work
will be permitted to resume.
C. Service of Stop Work Orders. The Code Enforcement Officer shall have authority to
cause a Stop Work Order, or a copy thereof, to be served on the owner of the affected
property (and, if the owner is not the Permit Holder, on the Permit Holder) personally
or by registered or certified mail. The Code Enforcement Officer shall be permitted,
but not required, to cause the Stop Work Order, or a copy thereof, to be served on any
builder, architect,tenant, contractor, subcontractor,construction superintendent,or their
agents, or any other Person taking part or assisting in work affected by the Stop Work
Order, personally or by registered or certified mail; provided, however, that failure to
serve any Person mentioned in this sentence shall not affect the efficacy of the Stop
Work Order.
D. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the
affected property, the Permit Holder, and any other Person performing, taking part in,
or assisting in the work shall immediately cease all work which is the subject of the
Stop Work Order, other than work expressly authorized by the Code Enforcement
Officer to correct the reason for issuing the Stop Work Order.
E. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive
remedy available to address any event described in subdivision (A) of this section, and
the authority to issue a Stop Work Order shall be in addition to, and not in substitution
for or limitation of, the right and authority to pursue any other remedy or impose any
other penalty under section 88B-19 (Violations) of this Chapter or under any other
applicable local law or State law. Any other remedy or penalty may be pursued at any
time, whether prior to, at the time of, or after the issuance of a Stop Work Order.
§88B-9. Certificates of Occupancy and Certificates of Compliance.
A. Certificates of Occupancy and Certificates of Compliance required. A Certificate of
Occupancy or Certificate of Compliance is required for any work which is the subject of a
Building Permit and for all structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another. Permission to use or occupy
Regular Town Board Meeting, 05-01-2023, MTG#14 306
a building or structure, or portion thereof, for which a Building Permit was previously issued
shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.
B. Issuance of Certificates of Occupancy and Certificates of Compliance. The Code
Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the
work which was the subject of the Building Permit was completed in accordance with all
applicable provisions of the Uniform Code,Energy Code,Town Zoning Laws and all applicable
land use approvals and, if applicable, that the structure, building or portion thereof that was
converted from one use or occupancy classification or subclassification to another complies
with all applicable provisions of the Uniform Code, Energy Code, Town Zoning Laws and all
applicable land use approvals. The Code Enforcement Officer or an Inspector authorized by
the Code Enforcement Officer shall inspect the building, structure,or work prior to the issuance
of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the
following documents,prepared in accordance with the provisions of the Uniform Code by such
person or persons as may be designated by or otherwise acceptable to the Code Enforcement
Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of
Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the
Certificate of Occupancy or Certificate of Compliance:
1) A written statement of structural observations and/or a final report of special
inspections,
2) Flood hazard certifications,
3) A written statement of the results of tests performed to show compliance with the
Energy Code, and
4) Where applicable, the affixation of the appropriate seals, insignias, and
manufacturer's data plates as required for factory manufactured buildings and/or
manufactured homes.
C. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of
Occupancy or Certificate of Compliance shall contain the following information:
1) The Building Permit number, if any;
2) The date of issuance of the Building Permit, if any;
3) The name (if any), address and tax map number of the property;
4) If the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire
structure, a description of that portion of the structure for which the Certificate of Occupancy or
Certificate of Compliance is issued;
5) The use and occupancy classification of the structure;
6) The type of construction of the structure;
7) The occupant load of the assembly areas in the structure, if any;
8) Any special conditions imposed in connection with the issuance of the Building Permit; and
Regular Town Board Meeting, 05-01-2023, MTG#14 307
9) The signature of the Code Enforcement Officer issuing the Certificate of Occupancy or
Certificate of Compliance and the date of issuance.
D. Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to
issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building or
structure, or a portion thereof, prior to completion of the work which is the subject of a Building
Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate
of Occupancy unless the Code Enforcement Officer determines (1)that the building or structure,
or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied
safely, (2) that any required fire and life safety components, such as fire protection equipment
and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational,
and (3) that all required means of egress from the structure have been provided. The Code
Enforcement Officer may include in a Temporary Certificate of Occupancy such terms and
conditions as he or she deems necessary or appropriate to ensure the health and safety of the
persons occupying and using the building or structure and/or performing further construction
work in the building or structure. A Temporary Certificate of Occupancy may also be made
subject to terms and conditions intended to address ongoing obligations to comply with Town
Zoning Laws and/or land use approvals. A Temporary Certificate of Occupancy shall be
effective for a period of time, not to exceed 12 months, which shall be determined by the Code
Enforcement Officer based upon the particular circumstances presented and such term shall be
specified in the Temporary Certificate of Occupancy. During the specified period of effectiveness
of the Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the
building or structure into full compliance with all applicable provisions of the Uniform Code,
Energy Code, Town Zoning Laws and all applicable land use approvals.
E. Revocation or suspension of Certificates. If the Code Enforcement Officer determines that a
Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy
was issued in error or on the basis of incorrect information, and if the relevant deficiencies are
not corrected to the satisfaction of the Code Enforcement Officer within such period of time as
shall be specified by the Code Enforcement Officer,the Code Enforcement Officer shall have the
absolute discretion to revoke or suspend such certificate.
F. Fee. The fee specified in or determined in accordance with the provisions set forth in section
8813-20 (Fees) of this Chapter must be paid at the time of submission of an application for a
Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy.
§ 88B-10. Notification Regarding Fire or Explosion.
The chief of any fire department providing firefighting services for a property within the Town
of Queensbury shall promptly notify the Code Enforcement Officer and Town Fire Marshal of
any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas
vent.
Regular Town Board Meeting, 05-01-2023, MTG#14 308
§ 88B-11. Unsafe Buildings, Structures and Equipment, and conditions of imminent
danger.
Unsafe buildings, structures, and equipment and conditions of imminent danger in the Town of
Queensbury shall be identified and addressed in accordance with the procedures established by
Chapter 60 of the Town Code of the Town of Queensbury.
§ 88B-12 Operating Permits.
A. Operation Permits required. Operating Permits shall be required for conducting any process
or activity or for operating any type of building, structure, or facility listed below:
1) Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed
in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
2) Buildings, structures, facilities, processes, and/or activities that are within the scope and/or
permit requirements of the chapter or section title of the FCNYS as follows:
a) Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation
produces combustible dust;
b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids,
or the application of combustible powders regulated by Chapter 24 of the FCNYS;
c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or
conducting a fruit-ripening process using ethylene gas;
d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal
fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal
fogging performed by the occupant of a detached one-family dwelling;
e) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures."
Operating an air-supported temporary membrane structure, a temporary special event structure,
or a tent where approval is required pursuant to Chapter 31 of the FCNYS;
f) Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities
with more than 500 square feet(including aisles) of high-piled storage;
g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess
of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
h) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and
demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment,
inside or on a structure, except an operating permit is not required where work is conducted under
the authorization of a building permit or where performed by the occupant of a detached one- or
two-family dwelling;
i) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative
activity at a sugarhouse;
j) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling,
Regular Town Board Meeting, 05-01-2023, MTG#14 309
selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the
outdoor use of sparkling devices as defined by Penal Law section 270;
k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces."
Conducting open burning, not including recreational fires and portable outdoor fireplaces; and
1) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and
burning in connection with assembly areas or educational occupancies.
3) Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the
FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS;
4) Buildings containing one or more assembly areas;
5) Outdoor events where the planned attendance exceeds 1,000 persons;
6) Facilities that store, handle or use hazardous production materials;
7) Parking garages as defined in subdivision (A) of section 8813-15 of this Chapter;
8) Buildings whose use or occupancy classification may pose a substantial potential hazard to
public safety, as determined by Resolution adopted by the Town Board of the Town of
Queensbury; and
9) Other processes or activities or for operating any type of building, structure, or facility as
determined by Resolution adopted by the Town Board of the Town of Queensbury.
Any person who proposes to undertake any activity or to operate any type of building listed in this
subdivision shall be required to obtain an Operating Permit prior to commencing such activity or
operation.
B. Applications for Operating Permits. An application for an Operating Permit shall be in
writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such
application shall include such information as the Code Enforcement Officer deems sufficient to
permit a determination by the Code Enforcement Officer that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines
that tests or reports are necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise acceptable to the
Code Enforcement Officer, at the expense of the applicant.
C. Exemptions. Operating Permits shall not be required for processes or activities, or the
buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (A) of this
section, provided that the use is expressly authorized by a certificate of occupancy or certificate
of compliance, fire safety and property maintenance inspections are performed in accordance
with section 8813-13 (Fire Safety and Property Maintenance Inspections) of this Chapter, and
condition assessments are performed in compliance with section 8813-15 (Condition Assessments
of Parking Garages) of this Chapter, as applicable.
D. Inspections. The Code Enforcement Officer or an Inspector authorized by the Code
Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating
Permit. Such inspections shall be performed either in-person or remotely. Remote inspections in
Regular Town Board Meeting, 05-01-2023, MTG#14 310
lieu of in-person inspections may be performed when, at the discretion of the Code Enforcement
Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can
be performed to the same level and quality as an in-person inspection and the remote inspection
shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code
Enforcement Officer that the premises conform with the applicable requirements of the Uniform
Code and the code enforcement program. Should a remote inspection not afford the Town of
Queensbury sufficient information to make a determination, an in-person inspection shall be
performed. After inspection, the premises shall be noted as satisfactory and the operating permit
shall be issued, or the operating permit holder shall be notified as to the manner in which the
premises fail to comply with either or both of the Uniform Code and the code enforcement
program, including a citation to the specific provision or provisions that have not been met.
E. Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (A) of this section is to be conducted at a location, the Code Enforcement Officer
may require a separate Operating Permit for each such activity, or the Code Enforcement Officer
may, in their discretion, issue a single Operating Permit to apply to all such activities.
F. Duration of Operating Permits. Operating permits shall be issued for a specified period of
time consistent with local conditions, but in no event to exceed as follows:
1) 180 days for tents, special event structures, and other membrane structures;
2) 60 days for alternative activities at a sugarhouse;
3) 3 years for the activities, structures, and operations determined per paragraph (9) of
subdivision (A) of this section, and
4) 1 year for all other activities, structures, and operations identified in subdivision (A) of this
section.
The effective period of each Operating Permit shall be specified in the Operating Permit. An
Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer,
payment of the applicable fee and approval of such application by the Code Enforcement Officer.
G. Revocation or suspension of Operating Permits. If the Code Enforcement Officer
determines that any activity or building for which an Operating Permit was issued does not
comply with any applicable provision of the Uniform Code or conflicts with the Town Zoning
Law, such Operating Permit may be revoked or suspended.
H. Fee. The fee specified in or determined in accordance with the provisions set forth in section
8813-20(Fees)of this Chapter must be paid at the time that an application for an Operating Permit,
for an amended Operating Permit or for reissue or renewal of an Operating Permit is submitted.
§8813-13. Fire Safety and Property Maintenance Inspections
A. Inspections required. Fire safety and property maintenance inspections of buildings and
structures shall be performed by the Code Enforcement Officer or an Inspector designated
by the Code Enforcement Officer at the following intervals:
Regular Town Board Meeting, 05-01-2023, MTG#14 311
1) At least once every 12 months for buildings which contain an assembly area;
2) At least once every 12 months for public and private schools and colleges, including
any buildings of such schools or colleges containing classrooms, dormitories, fraternities,
sororities, laboratories, physical education, dining or recreational facilities; and
3) At least once every 36 months for multiple dwellings and all nonresidential occupancies.
B. Remote inspections. At the discretion of the Code Enforcement Officer or Inspector
authorized to perform fire safety and property maintenance inspections, a remote
inspection may be performed in lieu of in-person inspections when, in the opinion of the
Code Enforcement Officer or such authorized Inspector, the remote inspection can be
performed to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer or such authorized
Inspector that the premises conform with the applicable provisions of 19 NYCRR Part
1225 and the publications incorporated therein by reference and the applicable provisions
of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such authorized Inspector
sufficient information to make a determination, an in-person inspection shall be
performed.
C. Inspections permitted. In addition to the inspections required by subdivision (A) of this
section, a fire safety and property maintenance inspection of any building, structure, use,
or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement
Officer or an Inspector authorized to perform fire safety and property maintenance
inspections at any time upon:
1) The request of the owner of the property to be inspected or an authorized agent of such
owner;
2) Receipt by the Code Enforcement Officer of a written statement alleging that conditions or
activities failing to comply with the Uniform Code or Energy Code exist; or
3) Receipt by the Code Enforcement Officer of any other information, reasonably believed
by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that
conditions or activities failing to comply with the Uniform Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as permitting an
inspection under any circumstances under which a Court Order or Warrant permitting such
inspection is required, unless such Court Order or Warrant shall have been obtained.
D. OFPC Inspections.
1) Nothing in this section or in any other provision of this Chapter shall supersede, limit, or
impair the powers, duties and responsibilities of the New York State Office of Fire
Prevention and Control ("OFPC") and the New York State Fire Administrator or other
authorized entity under Executive Law section 156-e and Education Law section 807-b.
2) Notwithstanding any other provision of this section to the contrary, the Code Enforcement
Regular Town Board Meeting, 05-01-2023, MTG#14 312
Officer may accept an inspection performed by the Office of Fire Prevention and Control or
other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or
section 156-e of the Executive Law, in lieu of a fire safety and property maintenance
inspection performed by the Code Enforcement Officer or by an Inspector, provided that:
a) The Code Enforcement Officer is satisfied that the individual performing such inspection
satisfies the requirements set forth in 19 NYCRR section 1203.2(e);
b) The Code Enforcement Officer is satisfied that such inspection covers all elements required to
be covered by a fire safety and property maintenance inspection;
c) Such inspections are performed no less frequently than once a year;
d) A true and complete copy of the report of each such inspection is provided to the Code
Enforcement Officer; and
e) Upon receipt of each such report, the Code Enforcement Officer takes any such appropriate
action prescribed by section 8813-19 (Violations) of this Chapter that he or she deems
appropriate.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in
section 8813-20 (Fees) of this Chapter must be paid prior to or at the time each inspection
is performed pursuant to this section. This subdivision shall not apply to inspections
performed by OFPC.
§88B-14. Complaints.
The Code Enforcement Officer shall have the power and authority to review and investigate
complaints which allege or assert the existence of conditions or activities that fail to comply with
the Uniform Code,the Energy Code,this Chapter,or any other Local Law, ordinance or regulation
adopted for administration and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following steps as the Code Enforcement
Officer may deem appropriate:
A. Performing an inspection of the conditions and/or activities alleged to be in violation, and
documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other
Person who may be responsible for the violation with notice of the violation and opportunity to
abate, correct or cure the violation, or otherwise proceeding in the manner described in section
8813-19 (Violations) of this Chapter;
C. If appropriate, issuing a Stop Work Order;
D. If a violation which was found to exist is abated or corrected, performing an inspection to
ensure that the violation has been abated or corrected, preparing a final written report reflecting
such abatement or correction and filing such report with the complaint.
Regular Town Board Meeting, 05-01-2023, MTG#14 313
§88B-15. Condition Assessments of Parking Garages.
A. Definitions. For the purposes of this section:
1) The term "condition assessment" means an on-site inspection and evaluation of a parking
garage for evidence of deterioration of any structural element or building component of such
parking garage, evidence of the existence of any unsafe condition in such parking garage and
evidence indicating that such parking garage is an unsafe structure;
2) The term "deterioration" means the weakening, disintegration, corrosion, rust, or decay of
any structural element or building component, or any other loss of effectiveness of a structural
element or building component;
3) The term "parking garage" means any building or structure, or part thereof, in which all or
any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:
a) Buildings in which the only level used for parking or storage of motor vehicles is on
grade;
b) An attached or accessory structure providing parking exclusively for a detached one-
or two-family dwelling; and
c) A townhouse unit with attached parking exclusively for such unit;
4) The term "professional engineer" means an individual who is licensed or otherwise
authorized under Article 145 of the Education Law to practice the profession of engineering in the
State of New York and who has at least three years of experience performing structural
evaluations;
5) The term"responsible professional engineer"means the professional engineer who performs
a condition assessment, or under whose supervision a condition assessment is performed, and who
seals and signs the condition assessment report. The use of the term "responsible professional
engineer" shall not be construed as limiting the professional responsibility or liability of any
professional engineer, or of any other licensed professional, who participates in the preparation of
a condition assessment without being the responsible professional engineer for such condition
assessment;
6) The term "unsafe condition" includes the conditions identified as "unsafe" in section
304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
7) The term "unsafe structure" means a structure that is so damaged, decayed, dilapidated or
structurally unsafe, or is of such faulty construction or unstable foundation,that partial or complete
collapse is possible.
B. Condition Assessments — general requirements. The owner operator of each parking
garage shall cause such parking garage to undergo an initial condition assessment as
described in subdivision(C) of this section,periodic condition assessments as described
in subdivision (D) of this section, and such additional condition assessments as may be
required under subdivision (E) of this section. Each condition assessment shall be
conducted by or under the direct supervision of a professional engineer. A written report
Regular Town Board Meeting, 05-01-2023, MTG#14 314
of each condition assessment shall be prepared and provided to the Town in accordance
with the requirements of subdivision (F) of this section. Before performing a condition
assessment (other than the initial condition assessment) of a parking garage, the
responsible professional engineer for such condition assessment shall review all
available previous condition assessment reports for such parking garage.
C. Initial Condition Assessment. Each parking garage shall undergo an initial condition
assessment as follows:
1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition
assessment following construction and prior to a certificate of occupancy or certificate of
compliance being issued for the structure.
2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition
assessment as follows:
a) If originally constructed prior to January 1, 1984, then prior to October 1, 2019;
b) If originally constructed between January 1, 1984 and December 31, 2002, then prior
to October 1, 2020; and
c) If originally constructed between January 1, 2003 and August 28, 2018, then prior to
October 1, 2021.
3) Any parking garage constructed prior to the effective date of this Chapter that has not
undergone an initial condition assessment shall undergo an initial condition assessment prior to
June 1, 2023.
D. Periodic Condition Assessments. Following the initial condition assessment of a parking
garage, such parking garage shall undergo periodic condition assessments at intervals
not to exceed 3 years.
E. Additional Condition Assessments.
1) If the latest condition assessment report for a parking garage includes a recommendation by
the responsible professional engineer that an additional condition assessment of such parking
garage, or any portion of such parking garage, be performed before the date by which the next
periodic condition assessment would be required under subdivision (D) of this section, the owner
or operator of such parking garage shall cause such parking garage (or, if applicable, the portion
of such parking garage identified by the responsible professional engineer) to undergo an
additional condition assessment no later than the date recommended in such condition assessment
report.
2) If the Town becomes aware of any new or increased deterioration which, in the judgment of
the Town, indicates that an additional condition assessment of the entire parking garage, or of the
portion of the parking garage affected by such new or increased deterioration, should be performed
before the date by which the next periodic condition assessment would be required under
subdivision (D) of this section, the owner or operator of such parking garage shall cause such
parking garage (or, if applicable, the portion of the parking garage affected by such new or
Regular Town Board Meeting, 05-01-2023, MTG#14 315
increased deterioration) to undergo an additional condition assessment no later than the date
determined by the Town to be appropriate under the circumstances.
F. Condition Assessment Reports. The responsible professional engineer shall prepare, or
directly supervise the preparation of, a written report of each condition assessment and
shall submit such condition assessment report to the Town within the time directed to do
so. Such condition assessment report shall be sealed and signed by the responsible
professional engineer, and shall include:
1) An evaluation and description of the extent of deterioration and conditions that cause
deterioration that could result in an unsafe condition or unsafe structure;
2) An evaluation and description of the extent of deterioration and conditions that cause
deterioration that, in the opinion of the responsible professional engineer, should be remedied
immediately to prevent an unsafe condition or unsafe structure;
3) An evaluation and description of the unsafe conditions;
4) An evaluation and description of the problems associated with the deterioration, conditions
that cause deterioration, and unsafe conditions;
5) An evaluation and description of the corrective options available, including the
recommended timeframe for remedying the deterioration, conditions that cause deterioration, and
unsafe conditions;
6) An evaluation and description of the risks associated with not addressing the deterioration,
conditions that cause deterioration, and unsafe conditions;
7) The responsible professional engineer's recommendation regarding preventative
maintenance;
8) Except in the case of the report of the initial condition assessment, the responsible
professional engineer's attestation that he or she reviewed all previously prepared condition
assessment reports available for such parking garage, and considered the information in the
previously prepared reports while performing the current condition assessment and while
preparing the current report; and
9) The responsible professional engineer's recommendation regarding the time within which
the next condition assessment of the parking garage or portion thereof should be performed. In
making the recommendation regarding the time within which the next condition assessment of
the parking garage or portion thereof should be performed, the responsible professional engineer
shall consider the parking garage's age, maintenance history, structural condition, construction
materials, frequency and intensity of use, location, exposure to the elements, and any other factors
deemed relevant by the responsible professional engineer in their professional judgment.
G. Review Condition Assessment Reports. The Town shall take such enforcement action
or actions in response to the information in such condition assessment report as may be
deemed necessary or appropriate to protect the public from the hazards that may result
from the conditions described in such report. In particular,but not by way of limitation,
Regular Town Board Meeting, 05-01-2023, MTG#14 316
the Town may, by Order to Remedy or such other means of enforcement as the Town
may deem appropriate, require the owner or operator of the parking garage to repair or
otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe
conditions identified in such condition assessment report pursuant to subdivision (F).
All repairs and remedies shall comply with the applicable provisions of the Uniform
Code. This section shall not limit or impair the right of the Town to take any other
enforcement action, including but not limited to suspension or revocation of a parking
garage's operating permit, as may be necessary or appropriate in response to the
information in a condition assessment report.
H. The Town shall retain all condition assessment reports for the life of the parking garage.
Upon request by a professional engineer who has been engaged to perform a condition
assessment of a parking garage, and who provides the Town with a written statement
attesting to the fact that he or she has been so engaged, the Town shall make the
previously prepared condition assessment reports for such parking garage (or copies of
such reports) available to such professional engineer. The Town shall be permitted to
require the owner or operator of the subject parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment reports (or
copies thereof) available to the professional engineer.
1) This section shall not limit or impair the right or the obligation of the Town:
a) To perform such construction inspections as set forth in section 8813-7 (Construction
Inspections) of this Chapter;
b) To perform such periodic fire safety and property maintenance inspections as set forth in
section 8813-13 (Fire Safety and Property Maintenance Inspections) of this Chapter; and/or
c) To take such enforcement action or actions as may be necessary or appropriate to respond
to any condition that comes to the attention of the Town by means of its own inspections or
observations, by means of a complaint, or by any other means other than a condition assessment
or a report of a condition assessment.
§88B-16. Climatic and Geographic Design Criteria.
A. The Code Enforcement Officer shall determine the climatic and geographic design criteria
for buildings and structures constructed within the Town of Queensbury as required by the Uniform
Code. Such determinations shall be made in the manner specified in the Uniform Code using,
where applicable, the maps, charts, and other information provided in the Uniform Code. The
criteria to be so determined shall include but shall not necessarily be limited to, the following:
1) Design criteria to include ground snow load; wind design loads; seismic category; potential
damage from weathering, frost, and termite; winter design temperature; whether ice barrier
underlayment is required; the air freezing index; and the mean annual temperature;
2) Heating and cooling equipment design criteria for structures within the scope of the RCNYS.
The design criteria shall include the data identified in the Design Criteria Table found in Chapter
Regular Town Board Meeting, 05-01-2023, MTG#14 317
3 of the RCNYS; and
3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall
include, at a minimum, special flood hazard areas as identified by the Federal Emergency
Management Agency in the Flood Insurance Study for the community, as amended or revised with:
a) The accompanying Flood Insurance Rate Map (FIRM);
b) Flood Boundary and Floodway Map (FBFM); and
c) Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and geographic
design criteria determined pursuant to subdivision (a) of this section, shall maintain such record
within the office of the Code Enforcement Officer, and shall make such record readily available to
the public.
§88B-17. Record Keeping.
A. The Code Enforcement Officer shall keep permanent official records of all transactions and
activities conducted by all Code Enforcement Personnel, including records of:
1) All applications received, reviewed and approved or denied;
2) All plans, specifications and construction documents approved;
3) All Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates, Stop Work Orders, and Operating Permits issued;
4) All inspections and tests performed;
5) All statements and reports issued;
6) All complaints received;
7) All investigations conducted;
8) All condition assessment reports received;
9) All fees charged and collected; and
10)All other features and activities specified in or contemplated by sections 8813-6 through
8813-16, inclusive, of this Chapter.
B. All such records shall be public records open for public inspection during normal business
hours. All plans and records pertaining to buildings or structures, or appurtenances thereto,
shall be retained for at least the minimum time period so required by State law and
regulation.
§88B-18. Program Review and Reporting.
A. The Code Enforcement Officer shall annually submit to the Town Board of the Town of
Queensbury a written report and summary of all business conducted by the Code
Regular Town Board Meeting, 05-01-2023, MTG#14 318
Enforcement Officer and the Inspectors, including a report and summary of all transactions
and activities described in section 8813-16 (Record Keeping) of this Chapter and a report and
summary of all appeals or litigation pending or concluded.
B. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of
the Town, on a form prescribed by the Secretary of State, a report of the activities of the
Town relative to administration and enforcement of the Uniform Code.
C. The Code Enforcement Officer shall, upon request of the New York State Department of
State, provide to the New York State Department of State, true and complete copies of the
records and related materials the Town is required to maintain; true and complete copies of
such portion of such records and related materials as may be requested by the Department
of State; and/or such excerpts, summaries, tabulations, statistics, and other information and
accounts of its activities in connection with administration and enforcement of the Uniform
Code and/or Energy Code as may be requested by the Department of State.
§88B-19. Violations.
A. Orders to Remedy. The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building, structure,
or premises in violation of the Uniform Code, the Energy Code, or this Chapter. An Order
to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer;
shall specify the condition or activity that violates the Uniform Code, the Energy Code, or
the Chapter;shall specify the provision or provisions of the Uniform Code,the Energy Code
or this Chapter which is/are violated by the specified condition or activity; and shall include
a statement substantially similar to the following:
"The person or entity served with this Order to Remedy must completely remedy each violation
described in this Order to Remedy by [speck date],which is thirty(30)days
after the date of this Order to Remedy."
The Order to Remedy may include provisions ordering the person or entity served with such Order
to Remedy(1)to begin to remedy the violations described in the Order to Remedy immediately, or
within some other specified period of time which may be less than thirty (30) days; to continue
diligently to remedy such violations until each such violation is fully remedied; and, in any event,
to complete the remedying of all such violations within thirty (30) days of the date of such Order
to Remedy; and/or (2) to take such other protective actions (such as vacating the building or
barricading the area where the violations exist) which are authorized by this Chapter or by any
other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations are being remedied. When
an Order to Remedy is issued, to be effective, the Code Enforcement Officer must cause the Order
to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by
registered mail or certified mail within five (5) days after the date of the Order to Remedy. The
Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, or a
copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction
Regular Town Board Meeting, 05-01-2023, MTG#14 319
superintendent, or their agents,or any other Person taking part or assisting in work being performed
at the affected property personally or by registered mail or certified mail within five (5) days after
the date of the Order to Remedy;provided, however, that failure to serve any Person mentioned in
this sentence shall not affect the efficacy of the Compliance Order.
B. Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to
issue appearance tickets for any violation of the Uniform Code.
C. Penalties. In addition to such other penalties as may be prescribed by State law,
1) any Person who violates any provision of this Chapter or any term, condition, or provision
of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary
Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this Chapter, shall be punishable by a fine
of not more than$50 per day of violation, or imprisonment not exceeding 15 days, or both;
and
2) any Person who violates any provision of the Uniform Code, the Energy Code or this
Chapter, or any term or condition of any Building Permit, Certificate of Occupancy,
Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or
other notice or order issued by the Code Enforcement Officer pursuant to any provision of
this Chapter, shall be liable to pay a civil penalty of not more than $50 for each day or part
thereof during which such violation continues. The civil penalties provided by this
paragraph shall be recoverable in an action instituted in the name of the Town of
Queensbury.
D. Injunctive Relief. An action or proceeding may be instituted in the name of the Town of
Queensbury, in a Court of competent jurisdiction, to prevent, restrain, enjoin, correct, or
abate any violation of, or to enforce, any provision of the Uniform Code,the Energy Code,
this Chapter, or any term or condition of any Building Permit, Certificate of Occupancy,
Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit,
Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this Chapter. In particular, but not by way of limitation, where the
construction or use of a building or structure is in violation of any provision of the Uniform
Code, the Energy Code, this Chapter, or any Stop Work Order, Order to Remedy or other
Order obtained under the Uniform Code, the Energy Code or this Chapter, an action or
proceeding may be commenced in the name of the Town of Queensbury in the Supreme
Court or in any other Court having the requisite jurisdiction,to obtain an order directing the
removal of the building or structure or an abatement of the condition in violation of such
provisions.
E. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the
exclusive remedy or remedy available to address any violation described in this Chapter,
and each remedy or penalty specified in this section shall be in addition to, and not in
substitution for or limitation of, the other remedies or penalties specified in this section, in
section 8813-8 (Stop Work Orders) of this Chapter, in any other section of this Chapter, or
Regular Town Board Meeting, 05-01-2023, MTG#14 320
in any other applicable law. Any remedy or penalty specified in this section may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy
or penalty specified in this section, in section 8813-8 (Stop Work Orders) of this Chapter, in
any other section of this Chapter, or in any other applicable law. In particular, but not by
way of limitation, each remedy and penalty specified in this section shall be in addition to,
and not in substitution for or limitation of, the penalties specified in subdivision (2) of
section 382 of the Executive Law, and any remedy or penalty specified in this section may
be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any
penalty specified in subdivision (2) of section 382 of the Executive Law.
§88B-20. Fees.
A fee schedule shall be established by Resolution of the Town Board of the Town of Queensbury.
Such fee schedule may thereafter be amended from time to time by like Resolution. The fees set
forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be
charged and collected for the submission of applications, the issuance of Building Permits,
amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of
Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance
inspections and other actions of the Code Enforcement Officer described in or contemplated by
Chapter.
§88B-21. Intermunicipal Agreements.
The Town Board of the Town of Queensbury may, by Resolution, authorize the Town Supervisor
to enter into an Agreement in the name of the Town of Queensbury with any other governments to
carry out the terms of this Local Law,provided that such Agreement does not violate any provision
of the Uniform Code,the Energy Code,Part 12-3 of Title 19 of the NYCRR or any other applicable
law.
ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with
any part of this Local Law are hereby repealed.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
1.1 PUBLIC HEARING—PROPOSED LOCAL LAW NO.: OF 2023 TO AMEND
CHAPTER 179 AND CHAPTER A183 OF QUEENSBURY TOWN CODE
Publication Date: April 23, 2023
SUPERVISOR STROUGH reviewed proposed Local Law, noting that it needs to be approved
by the Adirondack Park Agency. Alright, there is a Public Hearing on this tonight so I'll open
the Public Hearing. Any member of the public wish to speak to the stream corridor regulations
and sending it to the APA for the APA's approval? Seeing none I'll close the public hearing.
Any thoughts on behalf of the Town Board?
Regular Town Board Meeting, 05-01-2023, MTG#14 321
PUBLIC HEARING CLOSED
COUNCILMAN FERONE-None
SUPERVISOR STROUGH-Okay, I'll entertain a motion to approve.
TOWN COUNSEL SCHACHNER-Hang on, you should go
SUPERVISOR STROUGH-Oh we've got to do SEQRA.
TOWN COUNSEL SCHACHNER-You should go through the Environmental Assessment Form
first.
SUPERVISOR STROUGH-Yes and Part I is included in that and the Town Board has been
exposed and we're going to do Part II Short Form and Town Counsel is going to lead us through
that.
TOWN COUNSEL SCHACHNER-Yes, as the Supervisor just said Part I is included and was
signed by the Town Supervisor on April 13th. I think you all understand what the proposed
legislative action is so we will run through the 11 questions in Part II of the Short Environmental
Assessment Form.
Short Environmental Assessment Form
Part 2 —Impact Assessment
1. Will the proposed action create a material conflict with an adopted land use plan or
zoning regulation? No
2. Will the proposed action result in a change in the use or intensity of use of land? No
3. Will the proposed action impair the character or quality of the existing community? No
4. Will the proposed action have an impact on the environmental characteristics that caused
the establishment of a Critical Environmental Area (CEA)? No
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway? No
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities? No
7. Will the proposed action impact existing:
A. public/private water supplies? No
B. public/private wastewater treatment utilities? No
8. Will the proposed action impair the character or quality of important historic,
archaeological, architectural or aesthetic resources? No
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)? No
10. Will the proposed action result in an increase in the potential for erosion, flooding or
drainage problems? No
11. Will the proposed action create a hazard to environmental resources or human health? No
TOWN COUNSEL SCHACHNER-Okay, answered all the questions in the negative now if you
want to proceed as the Supervisor indicated, I think you could.
Regular Town Board Meeting, 05-01-2023, MTG#14 322
SUPERVISOR STROUGH-Okay, now I'll entertain a motion to approve.
RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW NO. 6 OF
2023 TO AMEND CHAPTER 179 AND CHAPTER A183
OF QUEENSBURY TOWN CODE
RESOLUTION NO.: 172, 2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Queensbury Town Board wishes to consider adoption of proposed Local
Law No.: 6 of 2023 entitled, "A Local Law To Amend Chapter 179 and Chapter A183 Of
Queensbury Town Code"which Law is intended to update the Town's stream corridor regulations
in substantially the form presented at this meeting, and
WHEREAS,by Resolution No.: 161,2023,the Town Board referred the proposed Local Law
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on or about April 21, 2023 the Town received a recommendation from the
Warren County Planning Department of No County Impact, and
WHEREAS,by Resolution No.: 161, 2023,the Town Board referred the proposed zoning
changes to the Adirondack Park Agency, and
WHEREAS, before the Town Board may amend the Town Code, it must hold a public
hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law,
and
WHEREAS, the Town Board duly held a public hearing on Monday, May 1, 2023 and
heard all interested persons, and
WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA) the
Town Board has reviewed Part 1 and completed Part 2 of the Short Environmental Assessment
Form as required under SEQRA,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board has considered the potential effects of the
proposed Local Law and issues a SEQRA Negative Declaration, finding that it will not adversely
affect the environment, and
Regular Town Board Meeting, 05-01-2023, MTG#14 323
BE IT FURTHER,
RESOLVED, that the Town Board hereby enacts Local Law No.: 6 of 2023 entitled,
"A Local Law To Amend Chapter 179 and Chapter A183 Of Queensbury Town Code" in
substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that such enactment is contingent upon review and approval by the
Adirondack Park Agency in accordance with Article 27 of the Executive Law, §807, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk,
upon Adirondack Park Agency approval, 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 will take effect immediately upon filing by
the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send
a copy of this Resolution and a copy of the approved Local Law No.: 6 of 2023 to the Town
Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and the Warren
County Planning Department, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to
effectuate the intent and provisions of this Resolution.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
LOCAL LAW NO.: 6 OF 2023
A LOCAL LAW TO AMEND CHAPTER 179 AND
CHAPTER A183 OF QUEENSBURY TOWN CODE
Regular Town Board Meeting, 05-01-2023, MTG#14 324
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
Section 1. Intent; Authority—The Town Board seeks to amend the Town of Queensbury
stream corridor regulations in response to Lake George Park Commission regulation changes that
became effective on April 1, 2021. This Local Law is adopted in accordance with the New York
State Municipal Home Rule Law.
Section 2. Amendment of Chapter 179 — Chapter 179 of the Queensbury Town Code,
entitled "Zoning" is hereby amended as follows:
A. Section 179-2-010, entitled "Definitions and word usage" is amended to add the
following definition:
STREAM BED: The flow area of a stream at and below the high water mark of a
stream.
B. Section 179-6-050(D)(2) is amended as follows:
179-6-050(D)(2) Alteration to the shoreline or stream bed.
C. Section 179-6-050(D)(2)(e)[4] is amended as follows:
§179-6-050(D)(2)(e)[4] Shoreline fill or hard surfacing. No fill or hard surfacing shall
be permitted within 50 feet of any lake, pond, river, stream or wetland except by site
plan approval of the Planning Board, except that no review/approval shall be required
for preventative maintenance or repair caused by erosion or other acts of nature. A
maximum of 100 square feet of new impervious area or 400 square feet of porous
pavement (i.e. porous pavers) may be created within 75 linear feet of all regulated
streams, wetlands and rivers. Pfiv^te,afive,: ^ st,-ea af fafthe f exen rte
of the filling shall in no instanee exeeed 40 feet ift width withift wetland afeas with Side
slopes not to exeeed thfee on one slopes The above exceptions shall not be construed
to be relief from any other governmental agency having jurisdiction. Wetlands will be
determined by New York State Department of Environmental Conservation Wetlands
Maps, the Queensbury Planning Board and/or any governmental agency having
jurisdiction.
D. Section 179-6-050(D)(2) is amended to add the following:
§1 79-6-050(D)(2)(f)Standards for Stream Crossings and Stream Bed Disturbances
The following criteria shall apply to all stream crossings and stream bed
disturbances.
Regular Town Board Meeting, 05-01-2023, MTG#14 325
[11 Stream crossing, channelization, or piping is allowed only for utility crossings,
logging roads,public roads (including subdivision roads to be accepted), approved
private roads, and driveways to access private real property.
[21 Separate road and utility crossings shall not be approved when the consolidation
of the proposed crossings is feasible.
[31 When separate road and utility crossings are necessary, the preferred
methodology for utility establishment shall be by directional boring under the stream
bed.
[41 The number of crossings shall be limited to one per site per stream.
[51 When culverts or arches are used, they shall be used so as to maintain the natural
course and bed of the stream.
[61 Culverts and arches must be sized and designed in accordance with standard
design practices, including allowing for safe passage for wildlife and floodplain
flows.
[71 All stream crossings shall be designed to safely pass the fifty(50)year,peak storm
event. The Town may require additional design features it determines necessary to
prevent a hazard to downstream property and natural resources.
[81 Stream crossings shall not impound water during the 10year storm event.
[91 Stream crossing structures shall be designed to span one and one-fourth (1.25)
times the stream bed width.
[101 Culverts shall be embedded twenty percent (20%) along their entire linear
length.
[111 Any stream bed disturbance shall promote the natural shape, slope, and
substrate of a stream.
[121 Any stream bed disturbance shall be limited to the minimum disturbance
necessary.
[131 Creation of land disturbance and impervious areas for driveways shall be limited
to a maximum width of twenty (20)feet. Land disturbance and impervious areas for
roads shall be limited to thirty (30)feet within the Lake George Parr Where fill is
necessary to create such a driveway, the basal area of the filling within wetland areas
with side slopes is not to exceed three on one. If this standard conflicts with
standards at§179-6-050(D)(2), this provision shall control.
Regular Town Board Meeting, 05-01-2023, MTG#14 326
[141 Crossings that convey wastewater shall be depicted on a survey map prepared
and stamped by a professional surveyor licensed to operate in New York State. The
survey map shall be filed with the Office of the Warren County Clerk
[151 No permit shall be issued pursuant to this Subpart unless the Town first
determines that the activity is reasonable and necessary, will not endanger the health,
safety or welfare of the public, and will not cause damage to downstream properties
or natural resources.
Section 3. Amendment of Chapter A183—Chapter Al 83 of the Queensbury Town Code,
entitled "Subdivision of Land" is hereby amended as follows:
A. §A183-27(A)(1)(c)Road layout shall minimize stream crossings and be perpendicular
to the stream, traversing existing slopes exceeding 25% measured perpendicular to the
road. All stream crossings and stream bed disturbances shall comply with the design
standards in§179-6-050(D)(2)(f) of Town Code.
Section 4. Severability — The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 5. 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. In particular, this Local Law is
specifically intended to supersede the amended provisions of the current Town of Queensbury
Stormwater Management code.
Section 6. 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.
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES)
No public comment.
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING TRANSFER OF FUNDS
FROM UNDESIGNATED GENERAL FUND BALANCE
TO REPLENISH CAPITAL RESERVE NO. 64
RESOLUTION NO.: 173, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 400, 2015, in order to comply with the requirements of
Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and
Regular Town Board Meeting, 05-01-2023, MTG#14 327
Governmental Fund Definitions (GASB54), the Queensbury Town Board adopted a Fund Balance
Policy, and
WHEREAS, in accordance with such Fund Balance Policy, the Town Budget Officer has
recommended that the Town Board transfer $1,500,000 from the Town's undesignated, unassigned
General Fund's Fund Balance to Capital Reserve No. 64 in order to fund future capital projects, and
WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to
replenish Capital Reserve No. 64 by appropriating $1,500,000 of undesignated, unassigned Fund
Balance from the General Fund and transfer such amount to the Capital Reserve No. 64,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget
Officer to transfer$1,500,000 from the Town's General Fund undesignated,unassigned Fund Balance
to the Capital Reserve No. 64 and make any adjustments,budget amendments,transfers or prepare
any documentation necessary to establish appropriations and estimated revenues and take all other
actions necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT
FOR EXPENDITURE OF HIGHWAY MONEYS
RESOLUTION NO.: 174, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with New York State Highway Law §284, the Queensbury
Town Board wishes to authorize an Agreement between the Town Board and Town Highway
Superintendent for the Expenditure of Highway Moneys relative to moneys levied and collected
in the Town for the repair and improvement of highways and received from the State for State Aid
for the repair and improvement of highways,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes an
Regular Town Board Meeting, 05-01-2023, MTG#14 328
Agreement for the Expenditure of Highway Moneys between the Town Board and Town Highway
Superintendent relative to moneys levied and collected in the Town for the repair and improvement
of highways and received from the State for State Aid for the repair and improvement of highways
in form acceptable to the Town Board, Town Highway Superintendent, Town Budget Officer
and/or Town Counsel, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town
Board and Town Highway Superintendent to execute such Agreement, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to file
a fully-executed original Agreement with the Queensbury Town Clerk and the Warren County
Department of Public Works and file copies of the fully-executed Agreement in the offices of the
Town Highway Superintendent and Town Budget Officer, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town
Highway Superintendent and/or Town Budget Officer to take such other and further actions as may
be necessary to effectuate the terms of this Resolution.
Duly adopted this Pt day of May, 2023 by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION REFERRING LOCAL LAW NO. 3 OF 2023
TO ADIRONDACK PARK AGENCY
RESOLUTION NO.: 175, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 133, 2023 the Queensbury Town Board adopted Local
Law No.: 3 of 2023 titled "A Local Law to Amend Chapter 147 `Stormwater Management' of
Queensbury Town Code," and
Regular Town Board Meeting, 05-01-2023, MTG#14 329
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for these
adopted Code Amendments, and
WHEREAS, the Town of Queensbury Code Amendments comply with and are in
furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9
NYCRR Part 582 of Agency regulations,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Senior Planner to forward copies of the adopted Code Amendments to the Adirondack Park
Agency for its review and approval in accordance with Article 27 of the Executive Law, §807.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr.Ferone,Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING CONTRACTS WITH EMPIRE BLUE
CROSS BLUE SHIELD FOR EMPLOYEE GROUP HEALTH, DENTAL
AND BLUE VIEW VISION INSURANCE PLANS
EFFECTIVE JULY IST, 2023 -JUNE 30TH, 2024
RESOLUTION NO.: 176, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Town of Queensbury previously entered into agreements for employee group
health, dental and Blue View Vision insurance plans with Empire Blue Cross Blue Shield, and
WHEREAS, the Town Board, in conjunction with Upstate Agency, LLC, has negotiated
renewal contracts for the employee group health, dental and Blue View vision insurance plans with
Empire Blue Cross Blue Shield,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal
contracts for employee group health, dental and Blue View vision insurance plans with Empire Blue
Cross Blue Shield effective July Ist, 2023 through June 30th, 2024, with the-monthly premiums as
follows:
Regular Town Board Meeting, 05-01-2023, MTG#14 330
INDIVIDUAL 2 PERSON FAMILY
PPO 1,148.00 2,238.60 3,329.20
EPO 1,059.20 2,065.44 3,071.68
DENTAL 34.74 83.76 83.76
VISION 4.06 7.71 11.83
and
BE IT FURTHER,
RESOLVED, that in the event that surcharges or fees are mandated or imposed on the
Town's health insurance policies that are beyond the Town's control, resulting rate changes may
be passed on to all employees without further Town Board Resolution, although the Town will
provide notice of any such rate changes to all employees and retirees, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to
take such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING RENEWAL OF DOG CONTROL
SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND SPCA OF UPSTATE NEW YORK, INC.
RESOLUTION NO.: 177,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 126, 2018, the Queensbury Town Board authorized a Dog
Control Services Agreement(Agreement) with the SPCA of Upstate New York, Inc., (SPCA) for a
one(1)year period, and
WHEREAS, by Resolution No.: 95, 2019, the Town Board authorized the renewal of the
Agreement with the SPCA for a one(1)year period and by Resolution No.: 160,2020 authorized the
Regular Town Board Meeting, 05-01-2023, MTG#14 331
renewal of the Agreement with the SPCA for an additional three(3) year period, and,
WHEREAS, the Town Board wishes to renew such Agreement for a period of two (2) years
or from April 1, 2023 through March 31, 2025,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves,authorizes and ratifies a two
(2) year renewal of the Dog Control Services Agreement between the Town of Queensbury and the
SPCA of Upstate New York, Inc., (SPCA) from April 1, 2023 through March 31, 2025 for an annual
fee of:
• $85,000 for 4/l/23 - 3/31/24, in equal monthly installments of$7,083; and
• $87,500 for 4/l/24 - 3/31/25, in equal monthly installments of$7,292; and
with additional charges and/or reimbursements due for emergency responses outside of normal
business hours as set forth in the Agreement, which shall be commemorated in the form of the Dog
Control Services Agreement substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Dog Control Services Agreement and any other needed documentation and the Town
Supervisor, Town Clerk and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO.: OF 2023 TO AMEND CHAPTER 179
"ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING
MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR
PROPERTIES OF GLENS FALLS COUNTRY CLUB
RESOLUTION NO.: 178, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
Regular Town Board Meeting, 05-01-2023, MTG#14 332
WHEREAS, Glens Falls Country Club, Inc. (GFCC) submitted a zoning change
application to the Queensbury Town Clerk's Office on or about March 10, 2023 to allow for
a change of zoning district designation for parcels identified as Tax Map Nos: 296.5-1-6,
296.6-1-12 and 289.18-1-37 from Waterfront Residential (WR) to Rural Residential 3 Acre
(RR-3A), and
WHEREAS, by Resolution No.: 117, 2023,the Town Board referred the application to the
Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning
changes in accordance with §179-15-040 of the Town Zoning Ordinance, and
WHEREAS,by Resolution No.: 144,2023,the Town Board amended Resolution No.: 117,
2023 to declare its intent to be Lead Agency for SEQRA review of the GFCC zoning change
application, and
WHEREAS, at their meeting of April 25, 2023, the Planning Board issued a favorable
recommendation on the proposed zoning change, and
WHEREAS, by Resolution No.: 117, 2023, the Town Board also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on March 31, 2023 the Town received a recommendation from the Warren
County Planning Department dated 3/31/2023 to approve the proposed zoning changes, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023
to change the zoning district designation for parcels identified as Tax Map Nos: 296.5-1-6, 296.6-
1-12 and 289.18-1-37 from Waterfront Residential (WR) to Rural Residential 3 Acre (RR-3A) as
presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map
associated with the Zoning Code (collectively, the "proposed zoning revision"), and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public
hearing prior to the adoption of any Local Law,
NOW, THEREFORE, BE IT
RESOLVED,that the Town Board shall meet and hold a Public Hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, May 15th 2023 to hear all
interested persons concerning the proposed revisions to the Town's Zoning Code and enactment
of"Local Law No.: of 2023 A Local Law To Amend Chapter 179 `Zoning' Of Queensbury
Town Code To Amend Zoning Map To Change Zoning District Designation For Properties Owned
By Glens Falls Country Club, Inc.,"and
BE IT FURTHER,
Regular Town Board Meeting, 05-01-2023, MTG#14 333
RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of
Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the
Public Hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send
copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if
required, to any public officials, agencies or municipalities, in accordance with any applicable
State Laws or Town Code provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make
a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map
associated with the Zoning Code) available for public inspection during regular business hours of
the Clerk's office, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel
to take such other actions and give such other notice as may be necessary in preparation for the
Town Board to lawfully adopt proposed Local Law No.: of 2023.
Duly adopted this Pt day of May, 2023, by the following vote:
AYES Mr.Ferone,Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 05022023
RESOLUTION NO.: 179, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
Regular Town Board Meeting, 05-01-2023, MTG#14 334
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as
Warrant: 05022023 with a run date of 04/27/2023 and a payment date of 05/02/2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 05022023 with a run date of 04/27/2023 and a payment date of 05/02/2023 totaling
$1,694,074.57, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to take such other and further action as may be necessary to effectuate the terms
of this Resolution.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS OF UPSTATE NEW YORK, INC.
FOR BOARDING SERVICES
RESOLUTION NO.: 180, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 160, 2020, the Town of Queensbury authorized a three (3)
year Agreement with the Society for the Prevention of Cruelty to Animals of Upstate New York,Inc.,
(SPCA) for dog control services, and
WHEREAS, by Resolution No.: 408, 2020, the Town and SPCA entered into a separate
Agreement for boarding services and the Town Board wishes to authorize a renewal of the Agreement
with SPCA for an up to two (2) year period or through March 31, 2025 for an amount of$25.00 per
day for each dog boarded by the SPCA under the Agreement,
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 05-01-2023, MTG#14 335
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a two (2)
year renewal of the Agreement between the Town of Queensbury and the Society for the Prevention
of Cruelty to Animals of Upstate New York,Inc.,entitled,"Agreement Between Town of Queensbury
and Society for the Prevention of Cruelty to Animals"for boarding services through March 31, 2025
for an amount of$25.00 per day for each dog boarded by the SPCA under the Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Agreement in substantially the form presented at this meeting and any other needed
documentation and the Town Supervisor, Town Clerk and/or Town Budget Officer to take such other
and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of May, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
4.0 CORRESPONDENCE
• Deputy Town Clerk Betty Murphy-Correspondence has been received regarding
Jenkinsville Municipal Water from Erin Williams, April Chase, Mike and Diana Trackey
and Gary Crossman. (On file in the Town Clerk's Office)
5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
No public comment.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN MCNULTY(WARD IV)
• Referred to the Comprehensive Master Plan Review and noted that the Town is still taking
input online and can be accessed through the Town website. Another meeting will be
scheduled in June to take comments from the residents and try to incorporate them into our
draft. This is a very easy tool to work and if there's any issues residents can contact me
through the website as well.
COUNCILMAN FERONE(WARD II1)
Noted as the weather starts to warm up, please be aware of road safety and speed around
Town. Announced that the Town have portable speed signs and if there is a need in an
area where it seems cars are driving too fast to contact me or the Town Highway
Superintendent or Deputy Superintendent and the signs can be brought to that
neighborhood to check how fast cars are going.
Regular Town Board Meeting, 05-01-2023, MTG#14 336
COUNCILMAN FREER(WARD II)
• Announced that the Town is contemplating LED conversions. The Town had three options
and had correspondence with National Grid this morning that gave an update on just
converting the lights and keeping ownership as is. That seems to be the simplest and least
strict investment. A lot of questions about whether we should jump on board with ownership
and smart designs but not sure if the Town is ready for that at this time. Noted that if any
resident has any opinions about the Town moving to LEDs to save money and energy please
let a board member know and it will be factored into the decision on whether to move forward.
Also mentioned that there is money on the table that the Town can get from the incentives to
switch to LED.
COUNCILMAN METIVIER(WARD I) -Nothing to report
SUPERVISOR STROUGH
• Noted that Saturday April 22nd for depositing your household hazardous waste collections has
passed but there will be another one at the Town Highway garage August 26th at 8a-12p. More
to come as we get closer to August.
• Announced letter received from Connie Tucker, Bay Ridge EMS, explaining that she will be
stepping down. Thanked Connie for all of her hard work and time dedicated to the
community.
• Reviewed the Annual Residential Spring Pick-up noting the restrictions. Only little branches
that fell during the winter. One pile per home, no larger than four-foot-high, four-foot-wide,
six-foot-long. All limbs must have a diameter of four inches or less. No stumps, shrubs or
root balls. All branch piles must be close to the road but not in the road. All leaves and pine
needles must be bagged. Bags must be less than 50 pounds and must be biodegradable.Please
do not put stone or sand in bags because the Town is hoping to get a compost situation started.
Leaf bags and branches need to be out by:
o Ward 4 -May 7th
o Ward 2-May 14d'
o Ward 3 -May 21 st
o Ward 1 -June 4th
• Announced that the Town has a Draft MS4,the Towns Annual Report and that it is available
online at the Town of Queensbury's website, if any resident has thoughts or comments about
the report please email or call the Supervisors office.
• Reported attending the National Crime Victims' Rights Week Ceremony of Warren County.
Commented that Warren County District Attorney Jason Carusone did a good job recognizing
some of the victims of crime and recognizing that crime exists.
• Thanked the public for attending,Joel Barlow and Jessie Jackson of Look TV, Town Counsel
Mark Schachner and Deputy Town Clerk Betty Murphy and the Town Board,thank you all.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 181,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this Pt day of May,2023,by the following vote:
Regular Town Board Meeting, 05-01-2023, MTG#14 337
AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER,RMC
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II