[Amended 1-28-2013 by L.L. No. 1-2013]
This article shall amend and supersede Town Law §
274-a, Subdivision 1a and b; Town Law §
277, Subdivision 1 (as in effect on the date of adoption of this article); §§ 179-38 and 179-55 of Chapter
179, Zoning; §§ A183-18C, D and E of Chapter
A183, Subdivision of Land; Town of Queensbury Local Law No. 6-1986, entitled "A Local Law Providing For the Reservation of Recreational Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval"; and Town of Queensbury Local Law No. 8-1988 entitled "A Local Law Amending Local Law No. 6, 1986 and Providing for the Reservation of Recreation Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval" in their entirety as set forth herein. The proposed amendment and supersession of the aforesaid state statutes, local laws, ordinances and subdivision regulations is only to the extent that this article shall require, as a condition precedent to site plan, subdivision and planned unit development authorization and approval by the Town Board or Planning Board of any subdivision, multifamily dwelling or planned unit development, the reservation and dedication to the Town of Queensbury of park or recreational areas or facilities or the payment of certain sums as more fully set forth herein. The aforesaid sections of the state statutes, Town Zoning Ordinance, Town Subdivision Regulations, and Town local laws and all other requirements, duties and obligations or benefits derived thereunder or therefrom shall not be affected other than as indicated herein, except that the provisions or lack thereof concerning the dedication of recreation land or payment of fees in lieu thereof in the aforesaid state statutes, § 179-55 and § A183-18C, D and E and Local Law Nos. 6-1986 and 8-1988 shall no longer apply to subdivisions, multifamily developments or planned unit developments approved on or after October 1, 1988, by the Town Board or the Planning Board for the Town of Queensbury but, rather, this article shall be controlling, thereby being given retroactive effect to October 1, 1988. Provisions relating to single-family dwellings, duplexes or two-family dwellings, multiple-family dwellings, apartments, condominiums, townhouses and/or manufactured or modular homes not located in a multifamily development, subdivision or planned unit development shall not be retroactive.