[Adopted 2-18-2015 by L.L. No. 2-2015[1]]
[1]
Editor's Note: This local law superseded former Art. LIX,
Halfmoon Health Care and Assisted Living/Memory Care Campus, adopted
6-5-2013 by L.L. No. 2-2013.
[Amended 4-17-2019 by L.L. No. 5-2019]
This local law shall be known may be cited as "Local Law No.
5 of 2019," a local amending Local Law No. 5 of 1995 of the Town of
Halfmoon, entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
as previously amended and supplemented, and amending Local Law No.
2 of 2015, providing for the creation of a planned development district
known as "Halfmoon Healthcare Campus."
Local Law No. 5-1995 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 Health
Care Campus."
The area comprising said Halfmoon Health Care Campus is approximately
80.99 acres, encompasses Tax Map Parcel Number 272.0-3-42, and is
located on Route 146 approximately 1.3 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]
[1]
Editor's Note: Said exhibit is on file in the Town offices.
A.
There shall be constructed within the area of said Halfmoon Health
Care Campus a project generally consistent with the site plan dated
April 4, 2014, prepared by Lansing Engineering, entitled "Composite
Map Lands of Boni Enterprises, LLC," consisting of one or more phases
of development permitting uses such as hospital, hospital facilities,
health care facilities, medical facilities, medical offices, biomedical
research facilities, nursing homes, convalescent homes, proprietary
adult cares homes, and/or senior independent living facilities for
those 55 and over, consisting of a maximum of 573,050 square feet
of building. Of this square footage, 104,850 square feet shall be
developed as an assisted living/memory care facility with 133 units,
including 111 single-bed units and 22 two-bed units. Two hundred twenty
five thousand square feet of the total square footage detailed above
shall be set aside for a hospital or hospital-like facilities. Senior
living residential units in multistory buildings shall be permitted
for the balance of the allowed square feet, in all 243,200 square
feet. The Town of Halfmoon understands that the traditional terminology
as to what constitutes a "hospital" is changing in the health care
industry. However the applicant/owner and the Town of Halfmoon both
recognize and are determined to address the need in Southern Saratoga
County for comprehensive health care facilities over and above what
is offered by limited "urgent care" type facilities. It is these comprehensive
facilities, within the definition of "health care facilities" and
"hospital," as used in the industry, that are permitted to be located
in the 225,000 square feet detailed above.
[Amended 4-17-2019 by L.L. No. 5-2019]
B.
Any proposed use involving biomedical research shall be approved
by the Town Board after receipt of a detailed description of the specific
type and extent of the research to be conducted prior to application
to the Planning Board for site plan approval. Such approval shall
be by resolution with the need for further public hearings.
C.
The applicant will also construct the necessary infrastructure consistent
with the site plan entitled "Composite Map Lands of Boni Enterprise,
LLC," dated April 4, 2014, attached hereto as Exhibit "B"[1] 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."[2]
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 April 4, 2014. 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 and shall
provide the Planning Board with an updated traffic study as part of
each of the submissions for additional development occurring within
the PDD. 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 for this
project will be installed 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 Health Care 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 Health Care
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.
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.
C.
The Town Board shall determine an appropriate community benefit for
every proposed use prior to final site plan approval by the Planning
Board. No final site plan approval shall be granted unless and until
the Town Board and the applicant have reached an agreement regarding
the appropriate community benefit based upon the proposed use/development.
The Town Board acknowledges that it is possible that the proposed
use in and of itself may constitute a significant community benefit
so as to negate the need for additional benefits. The Town Board shall
determine the appropriate public benefit by resolution without the
need of additional public hearings. No final site plan approval may
be granted without the aforementioned resolution from the Town Board.
D.
The community benefit for the construction of senior living residential
units in multistory buildings shall be the construction of a pole
barn with a footprint of 30 feet by 60 feet, constructed to the Town
Board standards, adjacent to the park's maintenance building located
in the Town park.
[Added 4-17-2019 by L.L.
No. 5-2019]
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 Marshal.
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 Health Care 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.
This local law shall take effect upon being filed in the Office
of the Secretary of State as provided in the Town Law and/or Municipal
Home Rule Law.
The Town of Halfmoon Town Board may, upon the request of the
then-owner of the Halfmoon Health Care 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 original zoning for the parcel shall apply, if within three
years from the effective date of this local law amendment, or within
such additional period as the Town Board may subsequently provide
without a further public hearing, commencement of the construction
of the Halfmoon Health Care Campus Planned Development District has
not begun, or if, after construction has begun, substantial progress,
weather permitting, is not continued without interruption.
