[Adopted 5-3-1988 by L.L. No. 1-1988]
This local law shall be known and may be cited
as Local Law 1 of 1988, amending Local Law No. 2 of 1973 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, adopted
October 7, 1986, providing for the creation of a planned development
district to be known as "Northway Exchange Inc. Planned Development
District" as shown on a preliminary map thereof dated June 22, 1987,
made by Environmental Design Partnership.
Local Law No. 2 of 1973 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. 1 of 1984, as previously amended, and supplemented
by the Zoning Ordinance of the Town of Halfmoon adopted on October
7, 1986, be and the same hereby are amended by changing from Residence
District R-1 a certain area in the Town of Halfmoon, described in
Exhibit A annexed hereto, and creating coterminous with the boundaries
of said area a light industry planned development district to be known
and described as "Northway Exchange Inc. Planned Development District."
The area comprising said Northway Exchange Inc.
Planned Development District, consisting of approximately 46.7 acres
in the Town of Halfmoon, is bounded and described as set forth in
Exhibit A attached hereto and made a part hereof.
There shall be constructed within the area of
said Northway Exchange Inc. Planned Development District a project
generally consistent with the preliminary plan dated June 22, 1987,
consisting of a wholesale car auction with such accessory uses as
are generally found in a wholesale auto auction, including auto repair,
reconditioning, auto body repair and cleaning building offices, together
with accessory buildings, open space, green space, parking areas,
zone buffers and improvements appurtenant thereto in general conformity
with the plan attached herewith as Exhibit B and the Zoning Ordinance of the Town of Halfmoon with
relation to planned development districts. There may be constructed
one or more signs as approved pursuant to the Zoning Ordinance of
the Town of Halfmoon by the Planning Board of the Town of Halfmoon.
A. Before the issuance of any building permit, final
plans and specifications shall be submitted to the Planning Board
of the Town of Halfmoon for site review, engineering analysis and
approval and filed with the Town Clerk of the Town of Halfmoon. The
exact location 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.
B. The planned development district will be one light
industrial lot, except the portion thereof located wholly within the
existing commercial zone may be used for appropriate commercial purposes
for the site, with applicable site plan approval.
C. Approval of the Town of Halfmoon for the water distribution
system when connected to a municipal source will be obtained and,
when available, the applicant will connect to the municipal system
at no cost to the Town.
D. Applicant will further comply with any additions to
and/or modifications of the foregoing required by the New York State
Department of Transportation with respect to state roads and the Town
of Halfmoon Engineers with respect to present roads of or roads to
be dedicated to the Town.
E. A NYSDEC-regulated wetland is located in the northeast
corner of the project parcel. Activity associated with the proposed
project will not encroach any closer than 100 feet to the boundary
of the wetland. Rubble parking areas will be a minimum of 350 feet
from the wetland boundary. The preserved buffer area will ensure that
runoff from disturbed areas will be intercepted and prohibit direct
discharge to the wetland area.
F. A detailed stormwater management plan will be developed
during site plan review. Specific details will include an inlet from
the on-site piping system, riprap, a seeded depression for retention,
detention or recharge and a restricted outfall to release waste at
a predetermined rate. A stormwater management system will be installed
to assure that adjacent and downstream properties, both public and
private, will not suffer increased flooding.
G. A traffic study for the project indicates that the
existing shoulder adjacent to the eastbound travel lane on Route 146
will be reconstructed to a full depth pavement section for a length
of 200 feet at the site entrance. Northway Exchange Inc. shall keep
the Town and its Engineer informed of details of the NYSDOT review
process. Permits from the State Department of Transportation for access
to and from Route 146, if applicable, will be obtained.
H. Northway Exchange Inc.'s sponsor will extend the Saratoga
County Sewer Main in the Route 146 right-of-way to the project site.
Plans for the collector system must be approved by the Saratoga County
Sewer District No. 1 and the State Department of Environmental Conservation,
if required by law. Other properties along Route 146 will be permitted
to connect to the sewer if desired.
I. Final site grading work on the northern portion of
the parcel will include a three-foot horizontal to one-foot vertical
ratio or approximately 33%, which is the nature angle of repose for
unconsolidated material. The grading will blend into existing grades,
and seed with mulch will be utilized to stabilize any disturbed areas.
Rubble parking will be a minimum of 1% to ensure adequate drainage
to management areas.
J. A fifty-foot landscape buffer and a hundred-foot open
space buffer shall be provided around the parcel boundaries, as shown
on the conceptual site plan annexed as Exhibit A. A one-hundred-fifty-foot
landscape buffer strip shall be provided at the portion of the parcel
fronting Cemetery Road. Auto storage will not be visible from Cemetery
Road, nor shall it encroach in the one-hundred-foot buffer. No parking,
construction, building, etc. will be placed in the one-hundred-foot
buffer except in an area on the easterly boundary of the parcel as
outlined on the conceptual site plan annexed as Exhibit A and as changed
by variance granted by the Zoning Board of Appeals on May 2, 1988.
To ensure there will be no encroachment into open space and landscaped
areas, automobile storage areas will be defined by steel guide rail
and/or fencing and/or topography.
K. No inoperable vehicles will be stored on the project
site.
L. Tractor trailers used for on-site storage will be
phased out in a three-year period.
M. Approximately 17+ acres of the 60.43+ acre site are
currently paved for automobile access and storage, 9+ acres are oiled
stone and rubble. The northern most 12.0+ acre parcel will be seeded
and utilized for winter storage of automobiles from November to March,
subject to the existing buffer. It will remain as meadow land during
the spring, summer and fall. All areas of the site not scheduled for
pavement or rubble shall be seeded and mulched.
N. Parking for the office area will occur in accordance
with Town zoning requirements.
O. Any additional lighting for the proposed site shall
not be directed, nor impact, any adjacent residential uses.
P. Nonhazardous refuse collection will continue to be
provided by a contracted waste disposal firm.
Q. Testing results for the on-site petroleum tanks (four
five-hundred-gallon tanks and one three-hundred-gallon tank) will
be provided to the Town to ensure compliance with the NYSDEC bulk
storage regulations. All tanks shall be properly registered with the
NYSDEC.
All buildings shall be designed and constructed
in strict compliance with New York State Building Code. The construction
of all buildings shall be subject to the inspection and approval of
the Building Inspector of the Town of Halfmoon and Fire Marshal thereof.
A building permit shall be issued for any building
in the district only upon the approval of the New York State Department
of Transportation (DOT) of a traffic plan.
All utilities, roads and/or streets to be constructed
pursuant to this local law shall be constructed pursuant to specifications
for the construction of Town utilities and highways in the Town of
Halfmoon and dedicated to the Town at the Town's discretion with appropriate
proof of ownership, maintenance and/or construction bids, etc.
A. Before construction of any building in the Northway
Exchange Inc. Planned Development District is started or any building
permit is issued relating thereto, final plans and specifications
shall be submitted to the Planning Board of the Town of Halfmoon and
filed with the Town Clerk of the Town of Halfmoon. Planning Board
site plan approval is required prior to construction and is a condition
precedent for issuance of a building permit.
B. During the construction of Northway Exchange Inc.
Planned Development District, there shall be constructed as set forth
in general conformity with the preliminary plans dated June 22, 1987,
as part of the plans and specifications to be approved by the Planning
Board of the Town of Halfmoon.
C. Approval of the State Department of Health and Town
Engineer will be obtained for the water system, as appropriate.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and in strict compliance with the New York State Building Code. The
Planning Board shall not give approval as referred to in said local
law relating to zoning, Section 1002, paragraph 8, 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 contingent upon the applicant's
obtaining same on all such other necessary approvals. The architect
performing the work herein described shall be employed by and at the
expense of the developer. All construction during 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.
All roads and/or streets to be constructed within the project limits
pursuant to this local law shall be constructed pursuant to specifications
at the time in effect for the construction of Town highways in the
Town of Halfmoon.
Upon satisfactory completion and connection
in accordance with the requirements of the appropriate state agencies,
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.
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.
All buildings will be constructed in accordance
with New York State Building and Fire Codes. All blueprints and building
specifications shall be approved by a duly licensed engineer or architect.
All construction shall be subject to the inspection and approval of
the Town Building Inspector, Town Fire Marshal and Town Engineers.
All buildings shall be equipped with sprinklers in accordance with
New York State Building and Fire Prevention Codes and the standards
of the National Fire Protection Association, if required by applicable
law. Fire hydrants shall be installed in accordance with appropriate
standards and codes, when available, at the developer's sole cost.
All signs within the district shall comply with
the requirements established by the Planning Board during site plan
review.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, as revised, amended and supplemented by the local law
relating to zoning of the Town of Halfmoon adopted October 7, 1986,
is hereby amended by providing that Northway Exchange Inc. Planned
Development District be set forth on a conceptual site plan which
is hereby made a part of this local law as Exhibit A, dated June 22,
1987; the property set forth on such map is the same real property
described in the description annexed hereto and marked Exhibit A made
by Environmental Design Partnership.
The Town Board may, upon the request of the
then owners of the site, modify any of the provisions of this local
law upon such terms as the Town Board shall determine to be reasonable.
[Added 12-17-1991 by L.L. No. 5-1991]
A. This local law shall be known and may be cited as
Local Law No. 5 of 1991, amending and revising Local Law No. 2 of
1988 of the Town of Halfmoon, entitled Northway Exchange Planned Development
District, as previously amended and supplemented by the local laws
and an ordinance relating to zoning of the Town of Halfmoon adopted
October 7, 1986, and November 1988. Said local law providing for the
revision of the planned development district as shown on a preliminary
map thereof dated December 17, 1991, made by Percy C. Cotton and Associates.
B. Local Law No. 2 of 1988 of the Town of Halfmoon, entitled
"Northway Exchange Planned Development District," be and the same
hereby is amended by changing paragraph 4 as follows:
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Parking of cars shall be permitted in the one-hundred-foot
buffer as shown on said map made by Percy C. Cotton and Associates
dated December 17, 1991.
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C. All the other terms, conditions, etc. are hereby ratified
and approved.
[Added 6-21-1994 by L.L. No. 4-1994]
A. This local law shall be known and may be cited as
Local Law No. 4 of 1994, amending and revising Local Law No. 1 of
1988 and Local Law No. 5 of 1991 of the Town of Halfmoon, entitled
Northway Exchange Planned Development District, as previously amended
and supplemented by the local laws and an ordinance relating to zoning
of the Town of Halfmoon, adopted October 1986 and November 1990. Said
local law providing for the revision of the planned development district
as shown on a preliminary map thereof dated February 4, 1994, made
by Percy C. Cotton and Associates.
B. Addition.
(1) Local Law No. 1 of 1988 and Local Law No. 5 of 1991
of the Town of Halfmoon, entitled Northway Exchange Planned Development
District, be and the same hereby are amended by adding to paragraph
4 a provision as follows:
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The property of Betty J. Murray adjacent to
the Northway Exchange Property as shown in the map thereof made by
Percy Cotton Associates dated February 4, 1994 called the "Print Shop"
consisting of 2.29+/- acres shall be added to the planned development
district as if encompassed thereby for purposes of the legislation.
An auto reconditioning with wholesale car sales, not retail, shall
be erected thereon.
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(2) Before the issuance of any building permit, final
plans and specifications shall be submitted to the Planning Board
of the Town of Halfmoon for site review, engineering analysis and
approval and filed with the Town Clerk of the Town of Halfmoon. The
exact location 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.
C. All the other terms, conditions, etc. of the existing
planned development district are hereby ratified and approved.
[Added 6-1-1999 by L.L. No. 3-1999]
A. This local law shall be known and may be cited as
Local Law No. 3 of 1999, amending and revising Local Law No. 1 of
1988 and Local Law No. 5 of 1991, and Local Law No. 4 of 1994 of the
Town of Halfmoon, entitled Northway Exchange Planned Development District.
Said local law provides for the revision of the planned development
district as shown on a preliminary map thereof dated February 24,
1999, made by Percy C. Cotton and Associates.
B. Addition.
(1) Local Law No. 1 of 1988 and Local No. 5 of 1991 and
No. 4 of 1994 of the Town of Halfmoon, entitled Northway Exchange
Planned Development District, be and the same hereby are amended as
follows:
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Section 4 of Local Law No. 1 of 1988 is
amended hereby to provide that the applicant may construct a building
addition to extend approximately 30 feet into the one-hundred-foot
buffer and building setback along the lands of the People of the State
of New York, which lands lie directly north of the "Recon Shop," said
extension to be along and contiguous to the existing shop as shown
on the revised PDD map dated February 24, 1999 made by Percy Cotton
& Associates, PC.
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(2) Before the issuance of any building permit, final
plans and specifications shall be submitted to the Planning Board
of the Town of Halfmoon for site review, engineering analysis and
approval and filed with the Town Clerk of the Town of Halfmoon. The
exact location 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 the local law.
C. All the other terms, conditions, etc. of the existing
planned development district are hereby ratified and approved.