[Adopted 6-3-2020 by L.L. No. 3-2020]
This Local Law shall be known and may be cited as "Local Law
3-2020, amending the zoning ordinance of the Town of Halfmoon, Local
Law # 5 of 1995, and the map and official regulations relating to
zoning of the Town of Halfmoon," creating a Planned Development District
known as Impact Athletic Center Planned Development District.
Local # 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 # 5 of
1995, as previously amended and supplemented be and the same hereby
are further amended by creating the Planned Development District to
be known and described as Impact Athletic Center Planned Development
District."
The area comprising said "Impact Athletic Center Planned Development
District" is identified by tax map identification number 272.-4-49.22
and consists of approximately 32.65 acres, located directly south
of the intersection of Werner Road and NYS Route 146 depicted on the
map entitled "Impact Athletic Center PDD," dated June 1, 2020, which
is attached hereto and made a part hereof as Exhibit A.
There shall be constructed within the area of said "Impact Athletic
Center Planned Development District" a project generally consistent
with the site plan dated June 1, 2020, prepared by Lansing Engineering,
PC, consisting of one two-story indoor athletic complex with a footprint
of approximately 57,615 square feet and a total area of approximately
80,555 square feet, and an outdoor beach and volleyball area, 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, although the front and side yard minimums setbacks
have been reduced due to the unique composition of the property and
the setbacks of nearby development, 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.
A. 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 Board, and Saratoga
County Sewer District # 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
Exhibit A.
B. 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 site plan approval, which fees in the amount
of $1,500 per 3,000 square feet (total of $40,500) shall be paid contemporaneously
with the granting of a building permit. These fees are subject to
any increase approved by the Town Board.
Sanitary sewer service shall be provided in general conformance
with the plans noted above prepared by Lansing Engineering, PC. Final
plans and profiles for same shall be provided as part of the site
plan 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 Impact Athletic Center Planned
Development District will be provided by the Town of Halfmoon Municipal
Water Supply, as approved by the Town Engineer and Water Department,
as detailed above.
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 in accordance
with current New York State Department of Environmental Conversation
Regulations during the subdivision review process. The applicant shall
be responsible for the periodic maintenance and/ or repair of the
system at no cost to the Town of Halfmoon.
A. All utilities,
accessways, and parking in the Impact Athletic Center Planned Development
District shall be constructed by the applicant in accordance with
the specifications approved during site plan review.
B. In an
effort to provide a direct positive impact on the immediate area,
the applicant shall complete the traffic improvements as detailed
in the traffic study reviewed and approved by the New York State Department
of Motor Vehicles prior to the issuance of the first certificate of
occupancy. This includes the installation of a traffic signal at the
new intersection and associated left-turn lanes on NYS Route 146,
also detailed on the aforementioned plan.
C. Further,
the applicant shall provide the Town of Halfmoon opportunities to
utilize the facility for Town programs including but not limited to
programs for senior citizens, recreation, and youth programs.
The building 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.
Any signage will be pursuant to the discretion of the Planning
Board of the Town of Halfmoon after receipt and review of the proper
application.
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 Impact Athletic 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, without need of additional
public hearing so long as the modification is minor.
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 Impact Athletic Center
Planned Development District has not begun, or if, after construction
has begun, substantial progress, weather permitting, is not continued
without interruption.