Loading...
2.1 2.1 LOCAL.LAWS&ORDINANCESTNACTMENTMCHAPTER 179-Mary Changes—6-16-14 RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2014 TO DELETE QUEENSBURY TOWN CODE CHAPTER 105 "LAND USE PROCEDURES" AND AMEND CHAPTER 179 "ZONING" AND TOWN ZONING MAP RESOLUTION NO. ,2014 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2014 to delete Queensbury Town Code Chapter 105, entitled"Land Use Procedures," and amend Chapter 179, entitled "Zoning" to amend language and requirements in various locations, and to make revisions to the Town Zoning Map, and WHEREAS, before the Town Board may amend its Zoning Law and Map, it must hold a Public Hearing in accordance with provisions of the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed amendments to the Town's Zoning Law and Zoning Map prior to adoption, and WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the proposed changes to the Town Zoning Law and Town Zoning Map constitute a Type I action under SEQRA and the Town Board therefore prepared Part 1 of a Full Environmental Assessment Form(EAF)for use in the SEQRA environmental review, and WHEREAS, in accordance with the State's SEQRA regulations, the Town Board, on May 19�', 2014 by Resolution No.: 183, 2014, declared its intent to be the Lead Agency for the required SEQRA environmental review for the proposed zoning revisions and map changes, and WHEREAS, the Queensbury Town Board previously notified the only other Involved Agency, the Adirondack Park Agency, of the Town Board's intent to be Lead Agency for the SEQRA review of the proposed zoning revisions, and WHEREAS, by letter received , 2014 the Adirondack Park Agency consented to the Town Board serving as Lead Agency, and the Town Board hereby accepts the role of Lead Agency for the required SEQRA review, and WHEREAS, the Town Board has considered the proposed Local Law, reviewed Part 1 of the EAF to analyze potential environmental impacts of proposed Local Law No.: 2 of 2014, and completed Part 2 of the EAF, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public Hearing prior to the adoption of any Local Law and the Town Board duly held a Public Hearing on Monday, June 16th, 2014 concerning proposed Local Law No.: 2 of 2014 and heard all interested persons, and WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the proposed revised Zoning Code and Zoning Map to the Warren County Planning Board, which has issued a recommendation of"No County Impact"with regard to them, and 2 WHEREAS, the Adirondack Park Agency has approved the proposed revised Zoning Code and Zoning Map [subject to certain minor revsions, which hcn�e been incorporated] and WHEREAS, the proposed Local Law is in a form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes to the Town Code and the Town Zoning Map will not result in any large or important detrimental impacts and will not have a significant adverse impact on the environment, and therefore declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration -Notice of Determination of Non-Significance for this action, and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Senior Planner to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.: 2 of 2014 to delete Queensbury Town Code Chapter 105, entitled "Land Use Procedures," and amend Chapter 179, entitled "Zoning" to amend language and requirements in various locations, and to make revisions to the Town Zoning Map, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk 3 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 as provided by law, and BE IT FURTHER, RESOLVED, that all applications requiring the review and approval of the Town of Queensbury's Director of Planning/Zoning which are received and deemed complete prior to the effective date of this Local Law shall be reviewed under the zoning regulations applicable at the time of such applications, and all applications requiring the review and approval of the Zoning Administrator received after the effective date of this new Local Law No.: 2 of 2014 shall be reviewed according to the zoning requirements established by this Local Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Senior Planner, Director of Planning/Zoning and/or Town Counsel to execute any required documents and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 16t`day of June, 2014, by the following vote: AYES NOES ABSENT: 4