[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."[1]
[1]
Editor's Note: Said exhibit is on file in the Town offices.
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.