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LL 06.2023 Chapters 179 and 183 - Stream Corridor - Lake George Park Commission Changes - 5-1-2023 New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing Albany, NY 12231-0001 www.dos.ny.gov (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑County ❑City ['Town Village (Select one.) of QUEENSBURY Local Law No. 6 of the year 2023 A local law AMEND CHAPTER 179 AND CHAPTER A183 OF QUEENSBURY TOWN CODE (Insert Title) Be it enacted by the TOWN BOARD of the (Name of Legislative Body) County ❑City ©Town ❑Village (Select one:) of QUEENSBURY as follows: Section 1. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0739-f-I (Rev.nano) I V b areas with side slopes not to exceed three 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: §179-6-050(D)(2)(f)Standards for Stream Crossings and Stream Bed Disturbances The following criteria shall apply to all stream crossings and stream bed disturbances. [1]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. [2]Separate road and utility crossings shall not be approved when the consolidation of the proposed crossings is feasible. [3] When separate road and utility crossings are necessary, the preferred methodology for utility establishment shall be by directional boring under the stream bed. [4]The number of crossings shall be limited to one per site per stream. [5] When culverts or arches are used, they shall be used so as to maintain the natural course and bed of the stream. [6] Culverts and arches must be sized and designed in accordance with standard design practices, including allowing for safe passage for wildlife and floodplain flows. [7]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. Note: Language in bold italics is new language to be added; Language with line d f wn through is old language to be deleted. R)T20C(0 [8]Stream crossings shall not impound water during the 10-year storm event. [9]Stream crossing structures shall be designed to span one and one-fourth (1.25)times the stream bed width. [10]Culverts shall be embedded twenty percent(20%) along their entire linear length. fly Any stream bed disturbance shall promote the natural shape,slope, and substrate of a stream. [12]Any stream bed disturbance shall be limited to the minimum disturbance necessary. [13]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 Park. 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. [14]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. [15]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 A183 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)(1)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. Note: Language in bold italics is new language to be added; Language with line draw through is old language to be deleted. 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. Note: Language in bold italics is new language to be added; Language with line draw^ through is old language to be deleted. kae4 b (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 6 of 2023 of the (.. (Town) yQl�, ) of QUEENSBURY was duly passed by the TOWN BARD' on MAY 1 2023 , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on - 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer`) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer') Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer`) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-1 (Rev.04/14) Rot 6 cC 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20_ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20_ of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an a propriate certification.) I further certify that I have compared the preceding local law with the original on file in t office a d that the same is a correct transcript therefrom and of the whole of such original local la , d was finally a d i he manner indicated in paragraph ,1 _ above. Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: 5-I —;0 3 COOS-02Ze-f-I Rev.04/14 �1 ( ) 0/1/1P�,rCtn LOCAL LAW NO.: 6 OF 2023 A LOCAL LAW TO AMEND CHAPTER 179 AND CHAPTER A183 OF QUEENSBURY TOWN CODE 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 Note: Language in bold italics is new language to be added; Language with lifte df ,:„ fh,-,,,,g is old language to be deleted. 1 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. Pfivate dfiveways efessing a stfeam afe ffi fther- basal afea of the filling shall ift fie instanee exeeed 40 feet ift width within wetlan 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: §179-6-050(D)(2)(f)Standards for Stream Crossings and Stream Bed Disturbances The following criteria shall apply to all stream crossings and stream bed disturbances. [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. Note: Language in bold italics is new language to be added; Language with line df ,:„ fh,-,,,,g is old language to be deleted. 2 [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§1 79-6-050(D)(2), this provision shall control. Note: Language in bold italics is new language to be added; Language with line df ,:„ fh,-,,,,g is old language to be deleted. 3 [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 A183 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§1 79-6-050(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. Note: Language in bold italics is new language to be added; Language with lifte df ,:„ fh,-,,,,g is old language to be deleted. 4