[Adopted 6-20-2018 by L.L. No. 4-2018]
This Local Law shall be known and may be cited as "Local Law
No. 4, 2018, 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, creating a Planned Development
District known as Halfmoon Self-Storage Center Planned Development
District."
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 and supplemented be and the same
hereby are further amended by creating the limited Light Industrial/Commercial
Planned Development District to be known and described as "Halfmoon
Self-Storage Center."
The area comprising said "Halfmoon Self-Storage Center Planned
Development District" consists of two separate lots of approximately
8.26 acres and 8.61 acres for a total of approximately 16.87 acres,
located between Route 146 and Farm to Markey Road, west of the Santoro
Warehouse and across Farm to Market Road from Paar Estates as depicted
on the map entitled Proposed Warehouse and Self Storage Development,
dated January 3, 2018, with a last revised date of March 13, 2018,
which is attached hereto and made a part hereof as Exhibit "A."
There shall be constructed within the area of said "Halfmoon
Self-Storage Center Planned Development District," a project generally
consistent with the Site Plan dated January 3, 2018, last revised
March 13, 2018, prepared by Nicolas Costa, PE, from Advance Engineering
and Surveying, PLLC, consisting of a maximum of 48,000 square feet
of self-storage and a maximum of 54,000 square feet of warehouse/storage
buildings as described herein, together with the necessary infrastructure
and improvements in general conformity with the aforementioned site
plan 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 by the Town Board of the
Town of Halfmoon attached hereto and made a part hereof as Exhibit
"B." The maximum size of each self-storage unit shall be 10 feet by
30 feet or 300 square feet. The units will not have electricity and
shall not be utilized to house a business of any sort.
A. Before application is made for any building permit, preliminary and
final subdivision plan and/or 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, and Saratoga County Sewer District No. 1. The
final subdivision 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 Exhibit "A."
B. The project is within the North Halfmoon GEIS. The site has been
created to conform with the statements and recommendations of the
GEIS.
C. Additionally, the applicant will contribute $3,709 in mitigation
costs for each and every one of the 14 units to mitigate the cumulative
impacts of the project on the GEIS study area as is required within
the GEIS for GEIS parcels. The payments will go directly to the GEIS
fund as follows:
Water = 14 EDU x $1,867/EDU =$26,138
|
Culverts = 14 EDU x $81/EDU = $1,134
|
Traffic= 14 EDU x $1,207/EDU= $16,898
|
GEIS Prep. = 14 EDU x $32/EDU = $448
|
Open Space = 14 EDU x $522/EDU = $7,308
|
|
TOTAL = 14 EDU x $3,709/EDU = $51,926
|
D. The applicant is aware and has consented to be responsible for any increase in fees as approved by the Town Board prior to the obtaining of a certificate of occupancy for a lot. Similarly, the applicant hereby acknowledges that they are responsible for the fees as established by the Town Board, including any increases, on the date that the fees are due, regardless of what the fees were at the time of the application, approval, or at issuance of building permit. If the applicant constructs improvements which are identified in the GEIS, the applicant is entitled to a credit against the above fees in an amount equal to the cost of those improvements as determined by the Town Engineer and approved by the Town (see §
166-888 for the specific GEIS improvements proposed, the estimated costs for those improvements and the resulting GEIS fee credits anticipated). Request for said credit must be made as part of the request for final subdivision approval and/or site plan approval to the Planning Board and, if approved, should be so noted in the approval resolution.
E. The applicant further understands that if any uses are approved that
require an increase in the estimated EDUs, the Director of Water shall
advise the applicant of the increase in number of EDUs and the applicant
will be responsible for any increase in fees/payments that occur as
a result.
F. Based upon the studies conducted by the Town including but not limited
to the Townwide 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. Recreation fees will therefore be paid
on based upon the 14 EDUs generated by this property in the amount
of $1,500 per EDU for a total of $21,000. These fees are subject to
any increase approved by the Town Board.
G. The project site will require a Water District extension agreement.
The applicant agrees to enter into that agreement as a condition of
the approval of the planned development district. The project will
be served by the Town of Halfmoon Municipal Water Supply by reason
of an agreement for extension of Town of Halfmoon Consolidated Water
District to be entered into between the applicant and the Town upon
terms and conditions acceptable to the Town Board. The execution of
that agreement for extension of Town of Halfmoon Consolidated Water
District is a condition precedent to the subdivision approval and
any construction, building permits, or development within the subdivision
site. In addition to the improvements noted above, water connection
fees will be paid on a per-lot basis in the amount of $1,500 per EDU.
Therefore, the applicant will be responsible for connection fees for
a maximum of 14 EDUs equaling a maximum of $21,000. These payments
will be phased as outlined in the Water District extension agreement.
The applicant further understands that if any uses are approved that
require an increase in the estimated EDUs, the Director of Water shall
advise the applicant of the increase in number of EDUs and the applicant
will be responsible for any increase in fees/payments that occur as
a result.
Sanitary sewer service shall be provided in general conformance
with the plans noted above prepared by Nicholas Costa, PE, from Advanced
Engineering and Surveying, PLLC. Final plans and profiles for same
shall be provided as part of the final subdivision plans to be reviewed
and approved by the Planning Board and all applicable county and state
agencies. All sewer mains and appurtenances 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 Self-Storage Center 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 subdivision
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 Self-Storage
Center Planned Development District shall be constructed by the applicant
in accordance with the specifications approved during subdivision
review. The roadway shall be constructed in conformance with the roadway
specifications as set forth by the Tow n Highway Department and the
Town engineers with the applicant being responsible for any and all
costs associated with the proper inspection of the road.
B. In an effort to provide a direct positive impact on the immediate
area, the applicant shall pay an additional $500 per trip generated
by the proposed use in an effort to address traffic concerns in the
area. The project, as proposed will generate 44 trips for a total
cost of $22,000. These monies shall be paid prior to the issuance
of any certificates of occupancy at the project site.
C. There will be no outside storage allowed on premises and all work
shall occur within the confines of each rental unit or storage/warehouse
building. Uses that would require client or customer visitations to
the site shall not be permitted. No automotive repair shops or similar
uses that generate customer traffic will be permitted at the site.
Similarly, retail uses shall not be permitted at the site. The site
shall contain storage units and tenant uses of warehousing or the
storage of product or material for wholesale purposes, craftsmen and
service professionals such as woodworkers, carpenters, plumbers and
masons that could craft their product indoors or store their materials
to bring services to offsite work area. Hobby enthusiasts who wish
to rent space for storage and/or to work inside their unit will also
be an allowed use in the planned development district. All proposed
uses in the warehouse/storage buildings shall require approval by
the Halfmoon Planning Board pursuant to the Halfmoon Town Code.
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 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 Self-Storage Center Planned Development
District shall comply with the requirements established by the Town
of Halfmoon Planning Board during subdivision and /or site plan review
and shall be consistent with the sign requirements of the Light Industrial/Commercial
Zoning District. The Planning Board, in its discretion, may further
restrict signage on the site in order to maintain the character of
the Farm to Market Road and Route 146 corridors. The architect or
engineer performing the work herein described shall be employed 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 Self-Storage Center 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 Self-Storage
Center Planned Development District has not begun, or if, after construction
has begun, substantial progress, weather permitting, is not continued
without interruption.