[Adopted 7-20-1984 by L.L. No. 8-1984]
This local law shall be known and may be cited
as local law amending Local Law No. 2 of 1973 of the Town of Halfmoon,
entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
providing for the creation of an industrial planned development district
to be known as "Edward Dalheim Industrial Planned Development District."
The local law of the Town of Halfmoon entitled
"Local Law Relating to Zoning for the Town of Halfmoon," including
the Zoning Map of the Town of Halfmoon, be and the same hereby is
amended by changing from Agricultural/Residential A-R a portion thereof,
as hereinafter described, and creating within the boundaries of said
newly described area an industrial planned development district to
be known and described as Edward Dalheim Industrial Planned Development
District.
The area of said Edward Dalheim Industrial Planned
Development District, consisting of approximately 14.80 acres, is
bounded and described as follows:
There shall be constructed within the area of
said Edward Dalheim Industrial Planned Development District the following:
A.
Number of units and density. The existing farmhouse
on the premises shall be used as a one-family residence.
B.
Potable water source: from existing on-site well.
C.
Sanitary sewers and sewage disposal. Edward Dalheim
Industrial Planned Development District shall be served by a sanitary
waste disposal system consisting of a typical subsurface tile field.
The sanitary waste disposal system shall comply with the New York
State Department of Health requirements.
D.
Stormwaters. Stormwater shall be channeled and allowed
to sheet off paved areas onto adjacent vegetated open space. Natural
swales and open space low points shall be used to maintain the existing
ecological balance in groundwater recharge.
E.
Phases:
(1)
Phase I. Existing house and barns will be renovated
and construction equipment will be screened by existing buildings,
topography and fencing. On-site storage of construction equipment
and other machinery shall be limited to 20 pieces during Phase I.
Storage of construction equipment and other machinery beyond the existing
screening shall not begin until the buildings, fencing and screen
plantings of Phase II are in place.
(2)
Phase II. New workshop and repair area will be constructed,
screen planting will be done and new access road to this area will
be constructed; equipment storage area will be screened by buildings,
fencing and vegetation eventually.
F.
Proposed land use. Approximately 6.75 acres will be
the limit of the disturbance by sand and gravel excavation. Approximately
one acre to be affected during 1984 through 1987 triennial Encon mining
permit term, and no mining shall begin until a permit has been obtained
from the New York State Department of Environmental Conservation,
including appropriate bonding for land reclamation and mining haulage-aways.
Land will also be used for storage and repair of construction equipment
and residential use of existing farmhouse.
All improvements shall be designed and constructed
pursuant to plans and specifications in strict compliance with the
New York State Building Code. All construction during performance
thereof and upon completion shall be subject to the inspection and
approval of the Building Inspector of the Town of Halfmoon.
This amendment shall be deemed automatically
revoked and void and the previous regulations shall obtain if, within
12 months from the approval by the Planning Board of the Town of Halfmoon
for construction of the project, commencement of the construction
of Edward Dalheim Industrial Planned Development District has not
begun or if after construction has begun unless substantial progress
continues without undue interruption thereafter or if the development
is not completed within five years of such approval. 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 building or buildings, this local law shall continue
in full force and effect and the area zoned by this local law shall
be the area within which said building or buildings was or were constructed
pursuant to this local law. For proper cause shown, the Town Board
of the Town of Halfmoon may, under such terms and conditions as it
deems proper, extend either the twelve-month period or the five-year
period, or both, and/or may waive the requirement that substantial
progress shall continue without due interruption.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that said Edward Dalheim
Industrial Planned Development District be set forth as supplementary
map numbered ____, which is hereby made part of this local law.
[Added 7-1-1997 by L.L. No. 3-1997]
A.
Title. This local law shall be known and may be cited
as Local Law No. 3 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. 8 of 1984, providing
for the creating of a planned development district known as Edward
Dalheim Industrial 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 and Local Law
No. 9 of 1995 and Local Law No. 1 of the year 1997, be and the same
hereby are amended by modifying the provisions applicable to the planned
development district known and described as "Edward Dalheim Industrial
Planned Development District," which was created by said Local Law
No. 8 of 1984.
C.
Boundaries. The area of said planned development district
is contained on the map entitled "Edward Dalheim Industrial 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 ABD Engineers &
Surveyors, dated January 1997.[1]
[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 Edward Dalheim Industrial Planned Development District
a crushing and recycling facility, with related stockpiling and storage
of material, including concrete, asphalt and road materials, related
trash storage and related activities. The scope of the work, amount
of stockpiling shall not in any way extend or be more prevalent on
the site than is currently in the application and has been represented
by the applicant, Edward Dalheim. In the event that the use by Edward
Dalheim is abandoned or discontinued for any period of time up to
one year or if the property is not used for this intended purpose
for a continuous period of one year; then and in that event the use
and this amendment thereto will be deemed abandoned and discontinued
and the PDD approval will be automatically, and without further action
of the Board, revoked and a nullity. The approval is further conditioned
upon receiving a copy of the existing DEC permit, subject to any and
all further and future amendments to the permit, limitations, etc.
and conditions that are contained in the permit. The approval is further
contingent upon the representation that the unit that will be used
to crush will be portable and will not be larger or have an increased
capacity, any increased noise or be different in size than the existing
one that has been demonstrated to the Board, and that the crusher
will at all times be used during normal business hours from the hours
of 8:00 a.m. to 4:00 p.m. and will not be used on Sundays, and all
of the scrubbing and other safety apparatus will at all times be kept
in good and working order and be functional and operable. The approval
is further conditioned upon there being no expansion or changes in
the scope or amount of storage; in the amount of materials that are
accepted; the number or extent of the stockpiling; nor the amount
of the land used, and all of the work will be done in the area designated
in the back of the parcel, all as represented in the application and
presentation of the applicant.
E.
Construction regulations.
(1)
Before construction of the amended Edward Dalheim
Industrial 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 Edward Dalheim
Industrial 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, is hereby amended
by providing that Edward Dalheim Industrial Planned Development District
be set forth on a supplementary map which is hereby made a part of
this local law as Exhibit B, dated January 1997; the property set
forth on such map is the same real property described in the description
annexed hereto and marked Exhibit A made by ABD Engineers & Surveyors,
dated January 1997.[2]
[2]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
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 amended
Edward Dalheim Industrial 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 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.
(4)
Insofar as not inconsistent herewith, all the terms
and conditions of the previous PDD shall remain in full force and
effect.
[Added 10-2-2001 by L.L. No. 5-2001]
A.
Title. This local law shall be known and may be cited
as Local Law No. 5 of 2001, 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. 8 of 1984 and Local
Law No. 2 of 1997, providing for the creating of a planned development
district known as "Edward Dalheim Industrial Planned Development District"
with amendment thereto.
B.
Establishment of district. Local Law No. 5 of 199,
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. 8 of 1984 and Local Law No. 2 of the year 1997, be and the same
hereby are amended by modifying the provisions applicable to the planned
development district known and described as "Edward Dalheim Industrial
Planned Development District," which was created by said Local Law
No. 8 of 1984 and amended by Local Law No. 2 of 1997 previously.
C.
Boundaries. The area of said planned development district
is contained on the map entitled "Site Plan - Edward Dalheim Industrial
Planned Development District" and is bounded and described as set
forth in Exhibit A attached hereto and made a part hereof and us shown
on a certain amended Site Plan map thereof, prepared by ABD Engineers
& Surveyors dated May, 1999, revised July 27, 2001.[1]
[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 Edward Dalheim Industrial Planned Development one
residential building lot as shown on the above-referenced subdivision
plan with an easement of ingress and egress over the existing gravel
road.
E.
Revocation; regulations for construction completed
at time of revocation; waiver. Insofar as not inconsistent herewith,
all the terms and conditions of the previous PDD as amended shall
remain in full force and effect.
