[Adopted 10-18-2023 by L.L. No. 6-2023]
This local law shall be known and may be cited as "Local Law
6, 2023, 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 "One-Four-Six Marketplace 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 Planned Development District
to be known and described as "One-Four-Six Marketplace Planned Development
District."
The area comprising said One-Four-Six Marketplace Planned Development
District identified by Tax Map identification numbers of 272.10-3-13
(three-unit townhouse parcel), 272.10-1-19, 272.10-1-18, 272.10-1-15,
272.10-1-21.1, 272.10-1-21.2, 272.10-1-20, 272.1-3-1, 272.1-3-2, 272.1-3-9,
272.1-3-4, 272.1-3-5, 272.1-3-6, 272.1-3-7, 272.1-3-8, 272.1-3-3.1,
272.1-3-3.2, 272.1-22, 272.1-21, and 272.1-20 and consists of approximately
21.85 acres, located at the northeast corner of the intersection of
NYS Route 146 and Old Route 146 in the Town of Halfmoon, approximately
1,300 feet west of the intersection of NYS Route 146 and NYS Route
9, comprised of 19 existing lots, a portion of Old Route 146 and a
portion of the right-of-way for Lawrence Circle, depicted on the map
entitled "One-Four-Six Marketplace," last revised March of 2023, which
is attached hereto and made a part hereof as Exhibit A.
There shall be constructed within the area of said One-Four-Six
Marketplace Planned Development District a project generally consistent
with the site plan last revised March of 2023, prepared by Lansing
Engineering, PC, consisting of 10 buildings at the main site off of
Route 146 and Old Route 146 and a three-unit townhouse directly on
Cemetery Road. The main site includes a maximum of 159,000 square
feet total footprint of buildings, including approximately 82,900
square feet of commercial development and approximately 328 luxury
apartments with a total of 1,145 parking spaces with a network of
internal sidewalks and public spaces 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. Landscaping and retaining walls shall be constructed along
the north side to buffer the Inglewood residential development.
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 No. 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 Town-wide 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 EDU for the apartments and three-unit townhouse
for a total of $496,500, together with 82,900 square feet new retail/commercial/restaurant
or 121.13 EDUs for a total of $181,695 for a total amount of $678,195
for recreation fees, subject to change dependent on actual breakdown
of uses. 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 One-Four-Six Marketplace 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 One-Four-Six Marketplace
Planned Development District shall be constructed by the applicant
in accordance with the specifications approved during site plan review.
B. Community benefits.
(1)
In an effort to provide a direct positive impact on the immediate
area, the applicant shall provide a public benefit amounting $500
per EDU for the 452.13 EDUs to the general fund of the Town of Halfmoon
for a total of $226,065, subject to change dependent on actual use
at the time of payment.
(2)
There will also be a direct positive impact based upon the design
changes in the traffic circulation, along with new Town roads from
Old Route 146 through the project site and an improved intersection
as depicted in the site plan map entitled "One-Four-Six Marketplace,"
dated March 23, 2023. Based upon initial NYSDOT comment and input,
the construction cost estimate associated with the Route 146 and Old
Route 146 intersection reconstruction and other potential traffic
improvements is estimated to be approximately $3,700,000.
(3)
The applicant also agrees to permit a "Welcome to Halfmoon"
sign across the site at Route 146 and Plant Road and sign the necessary
construction and maintenance easements for the Town of Halfmoon.
(4)
The applicant has also agreed to add sidewalk connectivity to
other surrounding PDDs and communities to create walkable connectivity
to the commercial components located within the One-Four-Six Marketplace.
The applicant has extended this benefit to the surrounding community
after hearing a desire for connectivity. The cost estimate for extending
the sidewalk connectivity is approximately $200,000.
(5)
None of the approximated costs represent a limitation on the
actual costs at the time of construction.
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 One-Four-Six Marketplace 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 five 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 One-Four-Six Marketplace
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.