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2.1 2.1 WASTEWATEMRoute 9 SeNver Est—Cerrone Builders Sweet Road Subdivision—APPROVE—2-24-14 ORDER APPROVING PROPOSED EXTENSION TO ROUTE 9 SANITARY SEWER DISTRICT TO SERVE PROPOSED SWEET ROAD CONSERVATION SUBDIVISION RESOLUTION NO.: ,2014 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury wishes to extend the Route 9 Sanitary Sewer District to serve the proposed 29-lot Sweet Road Conservation Subdivision (Subdivision) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by VISION Engineering, LLC, concerning the proposed sewer district extension to connect the proposed Subdivision to the existing Route 9 Sanitary Sewer District sanitary sewer main along Sweet Road, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District extension, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State Environmental Quality Review Act (SEQRA) review for the Subdivision which included the proposed sewer district extension and issued a Negative Declaration, and WHEREAS, the estimated annual cost to the "typical property" has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, on February 10, 2014, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order(Public Hearing Order) reciting (a)the boundaries of the proposed Sewer District; (b)the proposed improvements; (c)the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and(g)the time and place of a public hearing on the proposed Sewer District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District was duly held on February 24, 2014 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Route 9 Sanitary Sewer District Extension No. 2 as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, 2 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Route 9 Sanitary Sewer District Extension No. 2 are benefited thereby; 3. All property and property owners benefited are included within the limits of the Route 9 Sanitary Sewer District Extension No. 2; 4. It is in the public interest to establish, authorize, and approve the Route 9 Sanitary Sewer District Extension No. 2 as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District Extension to be as described in the Map, Plan and Report; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Route 9 Sanitary Sewer District Extension No. 2 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report, and construction of the improvements may proceed and service provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3 3. The Town being satisfied that construction of all improvements has occurred in accordance with the Plan; 4. Permissive referendum in the manner provided in New York State Town Law Article 7; and 5. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein, and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 24th day of February, 2014, by the following vote: AYES NOES ABSENT: 4