[Adopted 9-12-1972 by L.L. No. 1-1972]
This local law shall be known and may be cited
as local law amending the local law of the Town of Halfmoon entitled
"Local Law Relating to Zoning for the Town of Halfmoon," providing
for the creation of a large-scale planned development district to
be known as "Planned Development District, Parkford Development."
The Zoning Map is amended so as to create and
define the boundaries of a large-scale planned district which shall
be designated M-P (Manufacturing Development), all as is shown on
the map which accompanies and with all explanatory matter thereon
is hereby made a part of this local law and is bounded and described
as follows:
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All that tract, piece or parcel of land situate
in the Town of Halfmoon, Saratoga County, New York, lying along the
Northerly margin of New York State Route No. 146, being more particularly
bounded and described as follows: Beginning at a point in the Northerly
Margin of New York State Route No. 146 where said road margin is intersected
by the division line between lands of Frank D. Allen on the East and
the herein described parcel on the West, and runs thence along said
Northerly margin of New York State Route No. 146, North 83 degrees
44 minutes 36 seconds West, 10.59 feet to the lands of Leander D.
Butler and Elizabeth A. Butler; thence along said lands of Butler
the following five (5) courses; North 14 degrees 14 minutes 35 seconds
East, 277.92 feet to a point of curvature; thence along a curve to
the right of radium 1190.76 feet, a distance of 77.67 feet to a point;
thence north 76 degrees 05 minutes 40 seconds West, 141.05 feet to
a point; thence North 15 degrees 08 minutes 20 seconds East, 157.63
feet to a point; thence North 80 degrees 25 minutes 40 seconds West,
402.37 feet to a point in the Easterly line of lands now or formerly
of Johnson; thence along said lands of Johnson, North 05 degrees 38
minutes 20 seconds East, 1333.36 feet to a point in the Southerly
line of lands now or formerly of Christopher; thence along said lands
of Christopher, South 85 degrees 02 minutes 00 seconds East, 1001.05
feet to a point; thence along lands now or formerly of Jeske the following
two (2) courses; South 07 degrees 18 minutes 00 seconds West, 483.31
feet to a point; thence South 07 degrees 40 minutes 00 seconds West,
315.18 feet to the Northwesterly corner of lands new or formerly of
Harold J. Wagoner the following three (3) courses: South 20 degrees
24 minutes 00 seconds West, 805.35 feet to a point; thence North 75
degrees 26 minutes 00 seconds West, 187.95 feet to a point; thence
South 14 degrees 39 minutes 00 seconds West, 71.57 feet to a point
in the Northerly line of lands now or formerly of Frank D. Allen;
thence along said lands of Allen the following two (2) courses: North
75 degrees 45 minutes 25 seconds West, 13.75 feet to a point; thence
South 14 degrees 14 minutes 35 seconds West, 269.50 feet to the Northerly
margin of New York State Route No. 146 and the point or piece of beginning,
containing approximately 31.916 acres of land.
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[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
There shall be constructed within the area of
said planned development district Parkford Development the improvements
set forth on a site plan entitled "Map of a Large-Scale Planned M-1
(Manufacturing District) to be known as Parkford Development, Town
of Halfmoon, Saratoga County, N. Y.," made by G. Alan Cruickshank,
Professional Land Surveyor, and dated June 26, 1972, and setting forth,
in general, a proposed land use of manufacturing and warehouse facilities.
All construction shall be designed and constructed
pursuant to plans and specifications prepared under the direction
of a fully licensed architect or professional engineer and in strict
compliance with the New York State Building Code. The plans and specifications
shall be approved by the Town Planning Board and, upon approval by
the Town Planning Board, immediately thereafter shall be filed in
the office of the Town Clerk. All construction shall be performed
subject to the direction and control of a duly licensed architect
or professional engineer and, when completed, shall be certified by
said architect or engineer to the Town Building Inspector as having
been constructed in full compliance with the New York State Building
Code and with the plans and specifications as approved by the Town
Planning Board. The architect or professional engineer performing
the work herein described shall be employed by and at the sole expense
of the developer. All construction, during performance thereof and
upon completion, shall be subject to the inspection and approval of
the Town Building Inspector. No use shall be made of any land within
such planned development district unless such use is permitted by
and under the local law relating to zoning for the Town of Halfmoon.
The Planning Board may provide for and require such performance bond
or bonds as it may deem reasonable.
Private sewage and water systems must and shall
be connected to public or municipal facilities when available and
at no cost to the Town of Halfmoon, The developer may not proceed
prior to approval by the New York State Department of Health and the
New York State Department of Environmental Conservation relating to
water supply and sewage treatment facilities.
This amendment shall be deemed automatically
revoked and void and the previous regulations shall obtain, if within
one year from the effective date of this local law commencement of
the construction of the development has not begun or if, after construction
has begun, substantial progress does not continue without undue interruption
thereafter. However, in the event of catastrophic events strikes,
national emergencies or similar circumstances, the Town Board may
grant extensions of time for the performance of the construction as
the need arises. Any such extension may be made by the Town Board
without a public hearing.
[Added 3-4-1997 by L.L. No. 2-1997]
A.
Title. This local law shall be known and may be cited
as Local Law No. 2 of 1997, a local law amending Local Law No. 5 of
1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented
by the local laws and an ordinance relating to zoning of the Town
of Halfmoon, and further amending Local Law No. 3 of the year 1971,
providing for the creating of a planned development district known
as Parkford Planned Development District and Local Law No. 1 of 1991,
amending same.
B.
Establishment of district. Local Law No. 5 of 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, and Local Law
No. 3 of 1971, and Local Law No. 1 of 1991, be and the same hereby
are amended by modifying the provisions applicable to the planned
development district known and described as "Parkford Planned Development
District," which was created by said Local Law No. 3 of 1971, amended
by Local Law No. 1 of 1991.
C.
Boundaries.[1] The area of said planned development district is contained
in one lot to be added to the Parkford Planned Development District
and is bounded and described as set forth in Exhibit A attached hereto
and made a part hereof and as shown on a certain amended site plan
map thereof prepared by VanAlsytne Associates, P.C., dated December
3, 1996, entitled "Preliminary Development Plan, Proposed Parkford
PDD Amendment."
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
Development. There shall be developed within the area
of said amended Parkford Planned Development District a total of an
addition of one lot, with an addition of one building, with ancillary
structures, facilities, roads or streets, as follows:
(1)
Off-street parking will be provided as instructed
by the Planning Board.
(2)
Connection to the existing Town roads, as shown on
the preliminary map on file with the Town Clerk, shall be constructed.
(3)
Potable water for the district shall be provided by
the existing connection with the Town of Halfmoon Water Supply Area
at the applicant's sole cost. Approval of the water distribution system
shall be obtained by the applicant from the Town of Halfmoon and the
New York State Department of Health.
(4)
Wastewater disposal will be provided by connection
to the Saratoga County Sewer District No. 1. Plans for the collection
system must be approved by Saratoga County Sewer District No. 1 and
the New York State Department of Health. The cost of such connection
shall be borne by the applicant.
(5)
A stormwater management system will be installed to
minimize the impact of the project on adjacent and downstream properties
and shall meet applicable New York State Department of Environmental
Conservation and Town of Halfmoon standards and shall be, at the sole
option of the Town of Halfmoon, dedicated to the Town, with appropriate
title insurance, as-built maps, etc., as acceptable to the Town Attorney.
(6)
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
land uses.
E.
Construction regulations.
(1)
Before construction of the amended Parkford Planned
Development District is started or any building permit is issued relative
thereto, final site plans and specifications, sufficient for the site
plan review and engineering analysis, shall be submitted to and approved
by the Planning Board of the Town of Halfmoon and filed with the Town
Clerk of the Town of Halfmoon, and said approval is a condition precedent
to any construction.
(2)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3)
The exact location, number and size of buildings,
parking areas, green space, sidewalks, interim roads and other related
matters may be changed, altered or amended during the Town of Halfmoon
Planning Board site plan review process in a manner generally consistent
with the preliminary plan and this local law.
(4)
During construction of the amended Parkford Planned
Development District, there shall be constructed, as set forth in
general conformity with the preliminary plans, as a part of the plans
and specifications to be approved by the Planning Board of the Town
of Halfmoon, parking areas and access drives, providing sufficient
parking and access for all buildings per Town specifications.
F.
Water distribution facilities; dedication. Upon satisfactory
completion in accordance with the requirements of the appropriate
state agencies, all water distribution facilities, including mains,
valves, fittings, hydrants and that portion of the service connection
which lie outside the limits of dedicated roadways, shall be offered
to the Town of Halfmoon with delivery to the Town of Halfmoon of duly
executed deeds, title insurance, easements and bills of sale as appropriate
at no cost to the Town of Halfmoon with title insurance and documents
as required by the Town Attorney.
G.
Water distribution facilities; easements. For those
portions of the water distribution system, including mains, valves,
fittings and hydrants, which lie outside the limits of dedicated highways,
easements for the maintenance, repair and replacement of the system
shall be conveyed to the Town of Halfmoon at no cost to the Town of
Halfmoon with appropriate title insurance and documents satisfactory
to the Town Attorney together with title insurance and documents as
required by the Town Attorney.
H.
Sewage facilities; dedication. Upon satisfactory completion
and connection in accordance with the requirements of the appropriate
state agencies, Saratoga County Sewer District, all sewage facilities
including mains, manholes and pumping stations shall be offered to
Saratoga County Sewer District No. 1 at no cost to said district with
delivery to said Saratoga County Sewer District No 1 of duly executed
deeds, easements and bills of sale as appropriate, together with easements
for the maintenance, repair and replacement of all those portions
of the system which lie outside the limits of the dedicated streets.
Parcels of land for pumping station and access thereto shall be offered
in fee to said district with delivery to said district of a duly executed
deed or deeds at no cost to said district if necessary.
I.
Stormwater management facilities; dedication. Upon
satisfactory completion in accordance with the approved drawings,
all stormwater management facilities within the limits of dedicated
streets shall be offered to the Town of Halfmoon with duly executed
deeds, easements and bills of sale as appropriate at no cost to the
Town of Halfmoon, which the Town in its sole discretion may accept
for dedication at any time it determines, together with title insurance
and documents as required by the Town.
J.
Stormwater management facilities; easements. For all
those portions of the stormwater management facilities, including
pipes, catch basins, manholes and retention areas which lie outside
the limits of dedicated streets, easements for the maintenance, repair
and replacement of the system shall be conveyed to the Town of Halfmoon
at no cost to the Town of Halfmoon, if requested by the Town of Halfmoon
at any time, together with title insurance and documents as required
by the Town.
K.
Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor by the development
serviced by said areas, for the development area.
L.
Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review and must be approved by said Planning Board.
M.
Letter of credit.
(1)
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
the following:
(a)
Return of the site to its original condition
after clearing and grading should this be deemed necessary by the
Planning Board;
(b)
The satisfactory completion of the utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping on the project site.
(2)
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
N.
Zoning Map. Local Law No. 5 of 1995 and the Official
Zoning Map, as revised, amended and supplemented, are hereby amended
by providing that Parkford Planned Development District be set forth
on a supplementary map which is hereby made a part of this local law
as Exhibit B, dated August 29, 1996; the property set forth on such
map is the same real property described in the description annexed
hereto and marked Exhibit A, made by VanAlstyne Associates, P.C.,
dated December 3, 1996.
O.
Revocation; regulations for construction completed
at time of revocation; waiver.
(1)
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(a)
Commencement of the construction of the amended
Parkford Planned Development District has not begun within 12 months
from the effective date of this local law;
(b)
Substantial progress is not being made without
undue interruption after construction has commenced;
(c)
Completion of the proposed planned development
is not completed within one year from the start of construction.
(2)
As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment, and as to said area and buildings, this
amending local law shall continue in full force and effect and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
(3)
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolutions, without first conducting a public
hearing thereon.
[Added 5-6-2008 by L.L. No. 1-2008]
A.
Title. This local law shall be known and may be cited
as Local Law No. 1 of 2008, a local law amending Local Law No. 5 of
1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented
by the local laws and an ordinance relating to zoning of the Town
of Halfmoon, and further amending Local Law No. 1 of the year 1972,
providing for the creating of a planned development district known
as Parkford planned development district and Local Law No. 2 of 1997,
amending same.
B.
Boundaries.[1] The area of said planned development district is to include
the area already detailed in the Parkford Planned Development District
as previously amended together with the Schedule A description attached
hereto and made a part hereof as further detailed on the map attached
hereto and made a part hereof as Exhibit B, prepared by Hershberg
and Hershberg, dated August 14, 2007, last revised February 11, 2008,
entitled "Subdivision of the Lands of Johnson, Tax Map No. 272.00-3.44.111,"
stamped by Francis G. McCloskey.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
C.
Public benefit. The applicant will contribute $15,000
to the Town of Halfmoon. The funds will go to the Town to be disbursed
by the Town Board as it deems fit. The payment will be made prior
to the receipt of a certificate of occupancy for the proposed building.
D.
Zoning map. Local Law No. 5 of 1995 and the Official
Zoning Map, as revised, amended and supplemented, is hereby amended
by providing that Parkford Planned Development District be set forth
on a supplementary map which is hereby made a part of this local law
as Exhibit B, dated August 14, 2007, and last revised February 11,
2008, the property set forth on such map is the same real property
described in the description annexed hereto and marked Exhibit A,
made by Hershberg and Hershberg, dated August 14, 2007.
E.
Revocation; regulations for construction completed
at time of revocation; waiver.
(1)
This amending local law shall be automatically
revoked and void and the previous statutory regulations shall apply
under the following circumstances:
(a)
Commencement of the construction of amended
Parkford Planned Development District has not begun within 12 months
from the effective date of this local law; or
(b)
Substantial progress is not being made without
undue interruption after construction has commenced;
(c)
Completion of the proposed planned development
is not completed within one year from the start of construction.
(2)
As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment and, as to said area and buildings, this
amending local law shall continue in full force and effect an the
areas zoned by this local law, shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law, plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
(3)
For proper cause shown, the Town Board may,
under such terms and conditions as it deems proper, waive either or
both of said requirements by resolutions, without first conducting
a public hearing thereon.
[Added 4-1-2015 by L.L.
No. 4-2015]
A.
Title. This local law shall be known and may be cited as Local Law
No. 4 of 2015, 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, as codified in the Code of the
Town of Halfmoon and added to Chapter 155 of said Code, amending the
Planned Development District known as "Parkford" and renaming the
amended area to create the 421 Halfmoon Flex Park Planned Development
District.
B.
Establishment of district. Local Law No. 5 of 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, codified and supplemented,
be and the same hereby are further amended by amending the existing
Parkford Planned Development District by adding the area defined herein
and renaming the Planned Development District to be known and described
as "421 Halfmoon Flex Park."
C.
Boundaries.[1] The area to be added to the Parkford Planned Development
District to comprise said 421 Halfmoon Flex Park is approximately
9.38 acres, encompasses Tax Map Parcel Number 272-3-14.1 (421 Route
146), 272-2-6 (417 Route 146), and lot line adjustment for 272-4-87
(4 Enterprise Avenue), and is located on the northern side of NYS
Route 146, approximately 500 feet east of the intersection of NYS
Route 146 and Parkford Drive, and east of the NYSEG PDD, Town of Halfmoon,
County of Saratoga, State of New York, and is bounded and described
as set forth in Exhibit A attached hereto and made a part hereof.
[1]
Editor's Note: PDD maps and plans are on file in the Town's
offices.
D.
Development. There shall be constructed within the area of said 421 Halfmoon Flex Park a project generally consistent with the site plan dated October 10, 2014, last updated March 15, 2015, prepared by Lansing Engineering, entitled "421 Halfmoon Flex Park," consisting of two manufacturing and flex space buildings with footprints consisting of 44,000 square feet for Building 1 and 15,000 square feet for Building 2. The buildings are designed to be utilized by multiple entities for the manufacture, storage and distribution of goods in accordance with designated used permissible in the M-1 Zone detailed further in § 166-14 of the local laws of the Town of Halfmoon. A fifty-foot buffer shall be provided for the adjoining residences which shall be landscaped and fenced. The applicant will also construct the necessary infrastructure consistent with the site plan entitled "421 Halfmoon Flex Park," dated October 10, 2014, last updated March 15, 2015 prepared by Lansing Engineering, 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 hereby approved by the Town Board of the Town of Halfmoon attached hereto and made a part hereof as Exhibit B.[2]
[2]
Editor's Note: Exhibit B is on file in the Town's offices.
E.
Plan approvals required. 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 Department, New York State Department of Transportation 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 the site plan dated October 10, 2014, and last updated
March 15, 2015. The development shall proceed in accordance with any
traffic study prepared. The applicant agrees to be financial responsible
for the traffic improvements.
F.
Sewer service requirements. Sanitary sewer service shall be provided
in general conformance with the plans as approved. All sewer mains
and appurtenants 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.
G.
Water service. Potable water service for the 421 Halfmoon Flex Park
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.
H.
Water system and sewer system approval. 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.
I.
Stormwater management facilities; maintenance. A stormwater management
plan will be developed during the site plan review process. The applicant
shall retain ownership of the system and responsibility for maintaining
the system in an operable state. The applicant shall provide easements
for the Town of Halfmoon to enter and maintain the system in case
of the applicant's failure to maintain in a manner consistent with
Town standards.
J.
Utilities; road construction; public benefit.
(1)
All utilities, roads and/or streets within the 421 Halfmoon
Flex Park Planned Development District shall be constructed by the
applicant in accordance with the specifications approved during site
plan review. The roadway shall be constructed in conformance with
the roadway specifications as set forth by the Town Highway Department
and the Town engineers with the applicant being responsible for any
and all costs associated with the proper inspection of the road. The
roadway shall be dedicated to the Town at the Town's discretion with
appropriate proof of ownership, maintenance and/or construction bonds
or letter of credit, and title insurance in an amount approved by
the Town Attorney and in accordance with the Town of Halfmoon Road
Dedication Policy.
(2)
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 the subdivision and prior to
the granting of certificates of occupancy.
(3)
The applicant shall provide $30,000 to be used as a public benefit
to offset the costs of snow removal and/or to purchase additional
equipment for the Highway Department. This shall be paid at the time
the site plan is approved.
K.
Construction regulations. 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.
L.
Approvals needed. 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.
M.
Signs. Signs within the 421 Halfmoon Flex Park Planned Development
District shall comply with the requirements established by the Town
of Halfmoon Planning Board during site plan review. The architect
or engineer performing the work herein described shall be employed
by and at the expense of the developer.
N.
When effective. 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.
O.
Modification of local law. The Town of Halfmoon Town Board may, upon
the request of the then-owner of the 421 Halfmoon Flex Park Planned
Development District, modify any of the provisions of this local law
upon such terms as the Town Board shall determine to be reasonable.
P.
Revocation; application of previous regulations. This local law shall
be deemed automatically revoked and void, and the original zoning
for the parcel shall apply, if within three years from the effective
date of this local law amendment, or within such additional period
as the Town Board may subsequently provide without a further public
hearing, commencement of the construction of the 421 Halfmoon Flex
Park Planned Development District has not begun, or if, after construction
has begun, substantial progress, weather permitting, is not continued
without interruption.
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EXHIBIT A
METES AND BOUNDS SURVEY
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All that certain tract, piece or parcel of land situate in the
Town of Halfmoon, County of Saratoga, State of New York, lying along
the northerly line of New York State Route 146 and being further bounded
and described as follows:
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Beginning at the point of intersection of the common division
line of the easterly line of lands of Deets and Claeys as described
by Instrument Number 2008034605 and the westerly line of lands of
More Property, LLC, as described by Instrument Number 2013044752,
with the northerly line of New York State Route 146, thence from said
point of beginning, along said common division line and the northerly
line of said lands of Deets and Claeys and lands of Murray as described
by Instrument Number 2009033919 the following two courses: 1.) North
01° 34' 20" West, 215.00 feet to a point, thence 2.) North 88°
59' 20" West, 127.53 feet to the point of intersection of said northerly
line with the easterly line of lands of OC LLC, as described in Book
1657 of Deeds at Page 620, thence along said easterly line, North
07° 09' 20" East, 876.73 feet to the point of intersection of
said easterly line with the southerly line of lands of Atlantic British
Associates, LLC, as described by Instrument Number 2010008919, thence
along said southerly and westerly lines of said lands of Atlantic
British Associates, LLC, the following three courses: 1.) South 82°
15' 20" East, 212.38 feet to a point, thence 2.) South 06° 14'
30" East, 366.92 feet to a point, thence North 88° 21' 50" East,
177.14 feet to a point, thence through lands of Vending Property,
LLC, as described by Instrument Number 2011025914, South 01° 37'
00" East, 527.69 feet to a point in the northerly line of lands of
Daigle, as described in Book 970 of Deeds at Page 1039, thence along
said northerly and westerly lines of said lands of Daigle the following
two courses: 1.) South 82° 56' 20" West, 134.04 feet to a point,
thence 2.) South 06° 04' 40" East, 117.63 feet to a point in the
northerly line of New York State Route 146, thence along said northerly
line the following two courses: 1.) South 83° 48' 20" West, 158.21
feet to a point, thence 2.) South 81° 34' 40" West, 141.76 feet
to the point of beginning and containing 9.34± acres of land.
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The above-described parcel includes all of lands conveyed to
More Property, LLC, as described by Instrument Number 2013041189 (Tax
Map Parcel 272.2-2-6), and all lands conveyed to More Property, LLC
as described by Instrument Number 2013044752 (Tax Map Parcel 272.-3-14.1),
and a portion of lands conveyed to Vending Property, LLC, as described
by Instrument Number 2011025914 (Tax Map Parcel 272.-4-87). The intent
is to combine the parcels into one.
|
[Added 1-17-2018 by L.L.
No. 1-2018]
A.
Title. This local law shall be known and may be cited as Local Law
No. 1 of 2018, a local law amending Local Law No. 5 of 1995 of the
Town of Halfmoon entitled "Local Law Relating to Zoning for the Town
of Halfmoon," as previously amended and supplemented, and Local Law
No. 3 of 1971, Local Law No. 1 of 1991, Local Law No. 2 of 1997, Local
Law No. 1 of 2008, and Local Law No. 4 of 2015, which renamed the
Planned Development District to "421 Halfmoon Flex Park Planned Development
District." This amendment will also amend the Saratoga Economic Development
Corporation Industrial Park Planned Development District created as
Local Law No. 2 of 1973 as previously amended and supplemented by
Local Law No. 1 of 1986, Local Law No. 4 of 1997, Local Law No. 1
of 2001, Local Law No. 8 of 2007 and Local Law No. 4 of 2017.
B.
Boundaries. The area of 421 Halfmoon Flex Park Planned Development
District shall be expanded by 8.65 acres which is being removed from
4 Enterprise Drive, Tax Map ID 272-4-87.1, via lot line adjustment
as further detailed on the aerial site photo entitled "421 Halfmoon
Flex Park."[1]
[1]
Editor's Note: Said photo is on file in the Town offices.
C.
Use. The additional property will increase the allowable square footage
of development of the property to increase to accommodate additional
business development for the property consistent with the development
goals of the previously approved 421 Halfmoon Flex Park, together
with any uses permitted in the planned development district.
D.
All other provisions of the previously approved 421 Halfmoon Flex
Park Planned Development planned development district and the Saratoga
Economic Development Corporation Industrial Park Planned Development
District, together with previously approved amendments, except as
modified herein, shall remain in full force and effect.
[Added 5-15-2019 by L.L.
No. 6-2019]
A.
Title. This local law shall be known may be cited as "Local Law No.
6 of 2019," a local law amending Local Law No. 5 of 1995 of the Town
of Halfmoon, entitled "Local Law Relating to Zoning for the Town of
Halfmoon," as previously amended and supplemented, and Local Law No.
3 of 1971, Local Law No. 1 of 1991, Local Law No. 2 of 1997, Local
Law No. 1 of 2008, Local Law No. 4 of 2015, which renamed the Parkford
Planned Development District to "421 Halfmoon Flex Park Planned Development
District," and Local Law No. 1 of 2018.
B.
Boundaries. The area of the 421 Halfmoon Flex Park Planned Development
District shall be expanded by 0.79 acre which is located at 413 Route
146, Tax Map ID 272.00-4-44, via lot line adjustment as further detailed
on the aerial site photo entitled "421 Halfmoon Flex Park-PDD Amendment."
C.
Use. The additional property will increase the allowable square footage
of development of the property to increase to accommodate additional
business development for the property consistent with the development
goals of the previously approved 421 Halfmoon Flex Park, together
with any uses permitted in the planned development district.
D.
Based upon the studies conducted by the Town, including, but not
limited to, the Town-wide survey, Trail Study, Recreation Study, Open
Space Study, Comprehensive Plan, and the studies conducted for the
Town park on New York State Route 236, 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 the certificate of
occupancy.
E.
All other provisions of the previously approved 421 Halfmoon Flex
Park Planned Development Planned Development District and the Saratoga
Economic Development Corporation Industrial Park Planned Development
District, together with previously approved amendments, except as
modified herein, shall remain in full force and effect.
