[Adopted 7-20-2022 by L.L. No. 1-2023]
This local law shall be known and may be cited as "Local Law
No. 1-2023, 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 "Crescent Commons Planned Development District."
Local Law # 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 by and the same hereby
are further amended by creating the Planned Development District to
be known and described as "Crescent Commons Planned Development District."
The area comprising said Crescent Commons Planned Development
District is identified by Tax Map identification numbers (278.-4-2-)
20, 26, 31.2, 32, 33, 35, 37, 40.1, 40.2, 84, 85 and consists of approximately
13.3 acres, comprised of 1471, 1473 and 1475 State Route 9, 3 State
Route 236, 15 Circle Lane, 19 and 21 Plank Road, and 21 Circle Road
depicted on the map entitled "Master Plan for Crescent Commons," last
revised May of 2022, 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 Crescent
Commons Planned Development District, a project generally consistent
with the site plan last revised May of 2022, prepared by Environmental
Design Partnership, LLP., consisting of a sixty-unit, four-story apartment
expansion, an expansion of the Fred the Butcher Market, a variety
of retail small businesses, a restaurant, a one pad-ready site on
State Route 236 for C-1 commercial uses and special uses together
with the necessary infrastructure and improvements to create a mixed-use
walkable community 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.[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 each equivalent dwelling unit (EDU) for the apartments
for a total of $90,000, together with 9,440 square feet of new retail/commercial
and restaurant area, or 4.93 EDUs for a total of $7,395, for a total
amount of $97,395 for recreation fees. These fees are subject to any
increase approved by the Town Board.
A.
Sanitary sewer service shall be provided in general conformance with
the plans noted above prepared by Environmental Design Partnership,
LLP. 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.
B.
Potable water service for the Crescent Commons 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.
C.
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.
D.
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.
E.
All utilities, accessways, and parking in the Crescent Commons Planned
Development District shall be constructed by the applicant in accordance
with the specifications approved during site plan review.
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 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.
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 article 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 Crescent Commons Planned Development District, modify
any of the provisions of this article 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 article shall be deemed automatically revoked and void,
article and the previous regulations shall apply, if within five years
from the effective date of this article, or within such additional
period as the Town Board may subsequently provide without a further
public hearing, commencement of the construction of the Crescent Commons
Planned Development District has not begun, or if, after construction
has begun, substantial progress, weather permitting, is not continued
without interruption. This time period may extended via resolution
upon the written request of the applicant without need of further
public hearing.
