[Adopted 8-19-2008 by L.L. No. 3-2008]
This local law shall be known and may be cited as "Local Law No. 3 of 2008, amending the Zoning Ordinance of the Town of Halfmoon, Local Law No. 5 of 1995, and the map and official regulations relating to zoning of the Town of Halfmoon," as codified in the Code of the Town of Halfmoon and added to Chapter
165 of said Code, creating a planned development district known as "Halfmoon Healthcare and Biomedical Research Campus."
Local Law No.5 of 1995, of the Town of Halfmoon,
entitled "Local Law Relating to Zoning for the Town of Halfmoon" and
the Zoning Map of the Town of Halfmoon, as set forth and enacted in
Local Law No. 5 of 1995, as previously amended, codified and supplemented,
be and the same hereby are further amended by creating the residential
planned development district to be known and described as "Halfmoon
Healthcare and Biomedical Research Campus."
The area comprising said Halfmoon Healthcare
and Biomedical Research Campus is approximately 80.99 acres, encompasses
Tax Map Parcel Number 272.0-3-42, and is located on Route 146 approximately
1.4 miles east of Route 9, Town of Halfmoon, County of Saratoga, State
of New York and is bounded and described as set forth in Exhibit A
attached hereto and made a part hereof.
There shall be constructed within the area of
said Halfmoon Healthcare and Biomedical Research Campus, a project
generally consistent with the site plan dated December 18, 2007, last
revised February 29, 2008, prepared by Lansing Engineering, consisting
of two phases of development. Phase I shall consist of the construction
of a general hospital of approximately 225,000 square feet as that
term is defined in the New York State Public Health Law § 2801(10)
which states that a "general hospital" is a hospital engaged in providing
medical or medical and surgical services primarily to in-patients
by or under the supervision of a physician on a twenty-four-hour basis
with provisions for admission or treatment of persons in need of emergency
care and with an organized medical staff and nursing service, including
facilities providing services relating to particular diseases, injuries,
conditions or deformities. The term general hospital shall not include
a residential health care facility, public health center, diagnostic
center, treatment center, out-patient lodge, dispensary and laboratory
or central service facility serving more than one institution. It
is understood that the applicant shall obtain a certificate of need
prior to any construction at the site and that a parking garage will
be constructed in conjunction with the construction of the general
hospital. At the completion of Phase I, the applicant may proceed
with Phase II which will consist of approximately 240,900 square feet
of office/medical buildings. The applicant will also construct the
necessary infrastructure and improvements in general conformity with
the site plan dated December 18, 2007, last revised February 29, 2008,
attached hereto as Exhibit B and in general conformity with the Zoning
Ordinance of the Town of Halfmoon with relation to planned development
districts and in accordance with the negative declaration hereby approved
by the Town Board of the Town of Halfmoon attached hereto and made
a part hereof as Exhibit C.
Before application is made for any building
permit, preliminary and final site plan approval shall be obtained
from the Planning Board of the Town of Halfmoon and the final plan
shall be signed by all governmental entities having jurisdiction thereof,
including but not limited to the Halfmoon Water Department, Halfmoon
Planning Department, New York State Department of Transportation and
Saratoga County Sewer District No. 1. The final plan shall be filed
either in total, or in phases, as approved by the Planning Board of
the Town of Halfmoon, in the Saratoga County Clerk's office. The exact
location and specifications of roadways, buffers, green space and
other related matters may be changed, altered or amended during the
Town of Halfmoon Planning Board review process in a manner generally
consistent with the site plan dated December 18, 2007, last revised
February 29, 2008. The development shall proceed in accordance with
the traffic study dated December 18, 2006, as updated October 10,
2007, prepared by Creighton Manning Engineering. The applicant agrees
to be financially responsible for the traffic improvements. If, after
completion of Phase I, the traffic impact is determined to have a
negative impact on the surrounding area, the Planning Board retains
the right to decrease the amount of development at the site, in accordance
with the zoning laws of the Town of Halfmoon, the laws of the State
of New York and the public safety and welfare, and to make any future
development contingent upon the applicant completing road improvements
identified by the Town and or its engineers as being in the best interests
of public health, safety and well being.
Sanitary sewer service shall be provided in
general conformance with the plans as approved. All sewer mains and
appurtenants will be installed and improved/upgraded by the applicant
to the Saratoga County Sewer District No. 1 standards and offered
for dedication to the Saratoga County Sewer District No. 1 at no cost
to the Saratoga County Sewer District No. 1 or the Town of Halfmoon,
with delivery to the Saratoga County Sewer District No. 1 of duly
executed deeds, easements and bills of sale as appropriate.
Potable water service for the Halfmoon Healthcare
and Biomedical Research Planned Development District will be provided
by the extension of existing water mains in the vicinity of the parcel
and as approved by the Town Engineer and Water Department.
Approval of the New York State Department of
Health, New York Department of Environmental Conservation and Town
Engineer will be obtained for the potable water system and the sanitary
sewer system, as appropriate.
A stormwater management plan will be developed
during the site plan review process. The applicant shall offer to
the Town of Halfmoon the stormwater management area for dedication
to the Town of Halfmoon, upon request by the Town, and shall post
a one-year maintenance bond or letter of credit upon making the dedication.
In the event that the dedication of the stormwater management area
and any other areas proposed for dedication are not accepted by the
Town of Halfmoon, the applicant shall be responsible for the periodic
maintenance and/or repair of the system to the Town of Halfmoon at
no cost to the Town of Halfmoon.
A. All utilities, roads and/or streets within the Halfmoon
Healthcare and Biomedical Research Campus Planned Development District
shall be constructed by the applicant in accordance with the specifications
approved during site plan review. The roadway shall be constructed
in conformance with the roadway specifications as set forth by the
Town Highway Department and the Town engineers, with the applicant
being responsible for any and all costs associated with the proper
inspection of the road. The roadway shall be dedicated to the Town,
at the Town's discretion with appropriate proof of ownership, maintenance
and/or construction bonds or letter of credit, and title insurance
in an amount approved by the Town Attorney and in accordance with
the Town of Halfmoon Road Dedication Policy.
B. In an effort to provide a direct positive impact on
the immediate area, the applicant shall provide the Town of Halfmoon
the sum of $1,127,700. The applicant shall also preserve existing
vegetation as a buffer along both residential and commercial adjacent
lands and shall provide additional screening plantings.
C. Based upon the studies conducted by the Town, including
but not limited to the Town-wide survey, trail study, recreation study,
the open space work conducted on behalf of the Town, the Comprehensive
Plan, and the studies conducted and reports prepared for the new Town
park, it is clear that although a proper case exists for requiring
a park or parks suitably located for playgrounds or other recreational
purposes, this parcel is not suitable for the location of a park of
adequate size to meet the needs of the Town of Halfmoon; therefore,
the applicant shall be responsible for recreation fees as assessed
by the Planning Board at the time of the subdivision and prior to
the granting of certificates of occupancy.
All buildings and improvements shall be designed
and constructed pursuant to plans and specifications approved by a
duly licensed architect or engineer and in strict compliance with
established construction standards, regulations and codes (including
the New York State Uniform Fire Prevention and Building and Construction
Code). All construction, during the performance thereof and upon completion,
shall be subject to the inspection and approval of the Town of Halfmoon
Code Enforcement Officer, Engineer and Superintendent of Highways,
and Fire Marshall.
The Town of Halfmoon Planning Board shall not
give final site plan approval unless and until all approvals required
by each and every other government or governmental entity have been
obtained. The Planning Board may, in its discretion, give approval
conditioned upon the applicant obtaining such approvals.
Signs within the Halfmoon Healthcare and Biomedical
Research Campus Planned Development District shall comply with the
requirements established by the Town of Halfmoon Planning Board during
site plan review. The architect or engineer performing the work herein
described shall be employed by and at the expense of the developer.
The Town of Halfmoon Town Board may, upon the
request of the then owner of the Halfmoon Healthcare and Biomedical
Research Campus Planned Development District, modify any of the provisions
of this local law upon such terms as the Town Board shall determine
to be reasonable.
This local law shall be deemed automatically
revoked and void, and the previous regulations shall apply, if within
three years from the effective date of this local law, or within such
additional period as the Town Board may subsequently provide without
a further public hearing, commencement of the construction of the
Halfmoon Healthcare and Biomedical Research Campus Planned Development
District has not begun or if, after construction has begun, substantial
progress, weather permitting, is not continued without interruption.