LL 10.2023 Amending Chapter 137 of the Qby Town Code Titled "Septic Systems" New York State Department of State
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❑County ❑City ❑x Town ❑Village
(Select one.)
of QUEENSBURY
Local Law No. 10 of the year 20 23
A local law AMENDING CHAPTER 137 OF THE QUEENSBURY TOWN CODE TITLED"SEPTIC
(Insert Title)
SYSTEMS"
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
❑County ❑City ❑x Town ❑Village
(Select one.)
of QUEENSBURY as follows:
ARTICLE 1. Section 137-4(C)(5)of the Queensbury Town Code is hereby amended as follows:
(5)There is record of the property's OWTS having passed Town inspection within the last five (5)three years.
ARTICLE 2. Section 137-4(C)of the Queensbury Town Code is hereby amended to include a new subsection (6)
as follows:
(6)The conveyance of real property occurs within the first five(5)years of installation of entirely new OWTS
provided such OWTS were fully lawful when installed and provided further that there are no indicia of system failure,
including, but not limited to, the appearance of surface effluent and/or the presence of effluent odors. Lawful OWTS
shall include those that are lawful by virtue of the issuance of one or more septic variances by the Town Board. For
purposes of this provision,for OWTS to be considered entirely new, their component septic tanks, pump stations
and either leach fields or seepage pits must be new and cannot have been part of the previous OWTS.
ARTICLE 3. Section 137-4(C)of the Queensbury Town Code is hereby amended to include a new subsection (7)
as follows and to renumber the remaining subparagraph of this section accordingly:
(7)The conveyance of real property occurs within five (5)years of a satisfactory inspection performed pursuant to
Article II of this Chapter or within five (5)years of a satisfactory inspection performed by the Lake George Park
Commission pursuant to any
(If additional space is needed, attach pages the same size as this sheet, and number each.)
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regulatory authority it may have over OWTS subject to this Article. This exemption shall
require the proponent to submit proof of such prior satisfactory inspection.
ARTICLE 4. Section 137-15 of the Queensbury Town Code entitled"Exemptions"is hereby
amended as follows:
§ 137-15 Exemptions.
ETUs that replace a conventional septic tank are exempt from pump-out requirements
provided: 1) The owner provides the Town with a maintenance agreement spanning the
following five years; and 2) The owner provides the Town with a written statement of a
certified inspector of such ETU certifying that the ETU is functioning properly and as
designed. Such an inspection will require any distribution box supplying the absorption
area and/or inspection covers in the top of seepage pits to be uncovered and removed. The
statement submitted to the Town must reflect that the inspection of such ETU included the
distribution box(f any) and absorption area and/or seepage pits (drywells). The statement
must include a statementfrom the inspector that the absorption area connected to the ETU
was found to be functioning properly.
ARTICLE 5. 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 6. 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 7. This Local Law shall take effect upon filing in the office of the New York State
Secretary of State.
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Note: Language in bold italics is new language to be added;
Language with 'ifie a........, through is old language to be deleted.
1 M oeb4
(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. 0 of 2023 of
the (a=dyX kA(Town)(C�of QUEENSBURY was duly passed by the
TOWN BOARD on AUGUST 21 20 23 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)(Vil[age)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 20m, 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)(ViI lag e)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-I (Rev.04/14) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
1 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 ap ropriate certification.)
I further certify that I have compared the preceding local law with the original on file in t ' office d that the same is a
correct transcript therefrom and of the whole of such original local I w,Vnd was finally a o d ' the manner indicated in
paragraph above. I
CleFk of the county legisla' e bo ify,Town or-Village Clerk or
officer designated by local legislative body
(Seal) Date:
DOS-0239-f-I (Rev.04/14) Page 4 of 4