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