[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.
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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.
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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.