[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."
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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[1] 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.[2]
[2]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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.
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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,[1] 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.
[1]
Editor's Note: See now § 165-54H in the Zoning chapter.
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:
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.
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:
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.
(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:
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.
(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.