[Adopted 11-9-1989 by L.L. No. 2-1989]
This local law shall be known and may be cited as "Local Law No. 2-1989, Amending Local Law No. 2, 1986 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 Ordinances relating to zoning of the Town of Halfmoon providing for the creation of a planned development district to be known as "Halfmoon Flea Market Planned Development District" as shown on a preliminary map thereof dated May 31, 1989 drawn by DJR Engineering, Tamm Construction and R.J.D. Landscape Architecture and a survey thereof, dated December 7, 1988 made by Robert J. MacFarlane L.S. consisting of some 63.83 acres of land.
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
Local Law No. 2 of 1986 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. 2 of 1986, as previously amended and supplemented, be and the same hereby are amended by changing from Residence District R-1 commercial district and agricultural district, a certain area in the Town of Halfmoon, described in Exhibit A annexed hereto, and creating coterminous with the boundaries of said described area, a flea market planned development district to be known and described as "Halfmoon Flea Market Planned Development District."
The area comprising said "Halfmoon Flea Market Planned Development District," consisting of approximately 63.83 acres in the Town of Halfmoon, is bounded and described as set forth in Exhibit A attached hereto and made a part thereof and as shown on the survey thereof dated December 7, 1988, made by Robert J. MacFarlane L.S., as set forth in Exhibit C annexed hereto.
[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 Halfmoon Flea Market Planned Development District a project generally consistent with the preliminary plan dated May 31, 1989, consisting of a flea market auction with such accessory uses as are generally found in a flea market 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 lot. 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 any roads to be dedicated to the Town or improvements to existing state roads. Use will be limited to the area on the site plan.
C. 
Phase I of the project will include a "flea market" containing initially 129 dealer spaces and 376 parking spaces. Ultimately the project will include a maximum of 300 dealer spaces and 1,000 parking spaces.
D. 
There will be no permanent structures as part of the project except a three-car garage and food storage building as shown on the site plan therefor made by DJR Engineering, Tamm Construction and RJD Landscape Architecture and dated May 31, 1989.
E. 
The proposed flea market will only be seasonal and operate on Sundays and holiday Mondays, May through October.
F. 
Self-contained port-a-johns will be used for sanitary waste disposal. A schedule will be established for port-a-john maintenance to ensure there are adequate sanitary facilities. The total number of port-a-johns shall meet NYSDOH requirements.
G. 
Two exit lanes from the proposed project site will be provided to serve the proposed facility. An intersection warning sign will be installed on NYS Route 146. All other NYSDOT requirements shall be complied with for necessary improvements.
H. 
All food preparation operations shall obtain NYSDOH permits if required.
I. 
Landscaping will be provided for the proposed use to reduce the visual impact of the project.
J. 
A closed drainage system shall be provided to ensure there is adequate stormwater management.
K. 
Electric service to the site shall be provided by underground conduit to the extent available from NYSEG.
L. 
Dumpsters shall be enclosed with six-foot-high stockade fencing.
M. 
Driveway entrance shall be paved macadam and all accessways shall have a crushed stone surface, and parking areas shall be as directed by the Planning Board based upon soil condition as determined during site plan reviews.
N. 
Signage for the proposed use shall be a maximum of six feet by three feet installed four feet above grade.
O. 
Erosion control shall be provided during construction.
P. 
Any additional lighting for the proposed site shall not be directed, nor impact, any adjacent residential uses.
Q. 
Nonhazardous refuse collection will continue to be provided by a contracted waste disposal firm.
All buildings shall be designed and constructed in strict compliance with the 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 approval of the New York State Department of Transportation (DOT) of the traffic plan and curb cuts.
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.
Before construction of any parking or building in the Halfmoon Flea Market 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.
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. Any proposed Town 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.
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 No. 2 of 1986 relating to zoning of the Town of Halfmoon adopted October 7, 1986, is hereby amended by providing that Halfmoon Flea Market Planned Development District, as set forth on a conceptual site plan which is hereby made a part of this local law as Exhibit B dated May 31, 1989. The property set forth on such map is the same real property described in the description annexed hereto and marked Exhibit A, made by DJR Engineers, and as shown on the survey thereof annexed hereto marked Exhibit C, made by Robert J. MacFarlane and dated December 7, 1988.
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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.
This amendment shall be deemed automatically revoked and void and the previous regulations and laws shall obtain if, within one year from the approval of the Planning Board of the Town of Halfmoon for the construction of the project, commencement of the construction of Halfmoon Flea Market 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 two 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 the amendment and, as to said area and building or buildings, this amending 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 amending local law unless the use is abandoned as set forth below. For proper cause shown, the Town Board of the Town of Halfmoon may, upon such terms and conditions as it deems proper, extend either the one-year period or the two-year period, or both, and/or may waive the requirement that substantial progress shall continue without undue interruptions. Any such extension of time or waiver may be made by the Town Board without a public hearing. In any event, if the use of a flea market is abandoned or discontinued at any time for a period in excess of one year, then and in that event, this local law shall be deemed automatically revoked and void and the previous regulations and laws shall obtain.
[Added 5-16-1995 by L.L. No. 4-1995]
A. 
This local law shall be known and may be cited as Local Law No. 1 of 1995 amending Local Law No. 2 of 1989, amending Local Law No. 2 of 1986 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 ordinances relating to zoning of the Town of Halfmoon, providing for the creation of a planned development district to be known as Halfmoon Flea Market Planned Development District, as shown on a preliminary map thereof dated May 31, 1989, drawn by DJR Engineering, Tamm Construction and R.J.D. Landscape Architecture, and a survey thereof, dated December 7, 1988, made by Robert J. MacFarlane L.S., consisting of some 63.83 acres of land.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
B. 
Local Law No. 2 of 1989, Local Law No. 2 of 1986 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. 2 of 1986, as previously amended and supplemented, be and the same hereby are amended by further changing from Residence District R-1 to Commercial District and Agricultural District a certain area in the Town of Halfmoon, described in Exhibit A annexed hereto, and creating coterminous with the boundaries of said described area a flea market and golf driving range planned development district known and described as "Halfmoon Flea Market Planned Development District."
C. 
The area comprising said Halfmoon Flea Market Planned Development District, consisting of approximately 63.83 acres in the Town of Halfmoon, is bounded and described as set forth in Exhibit A attached hereto and made a part thereof and as shown on the survey thereof dated December 7, 1988, made by Robert J. MacFarlane L.S., as set forth in Exhibit C annexed hereto.
D. 
There shall be constructed within the area of said amended Halfmoon Flea Market Planned Development District a project generally consistent with the preliminary plan dated May 31, 1989, and Local Law No. 2 of 1989 together with a golf driving range and practice center, etc.
E. 
All of the other terms and conditions and provisions of Local Law No. 2 of 1989, except as herein specifically modified, shall remain in full force and effect. This local law shall take effect upon being filed in the Office of the Secretary of State and the Office of the Comptroller as provided in the Municipal Home Rule Law.
F. 
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.
G. 
This amendment shall be deemed automatically revoked and void and the previous regulations and laws shall obtain if, within one year from the approval of the Planning Board of the Town of Halfmoon for the construction of the project, commencement of the construction of Halfmoon Flea Market 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 two 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 the amendment and, as to said area and building or buildings, this amending 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 amending local law unless the use is abandoned as set forth below. For proper cause shown, the Town Board of the Town of Halfmoon may, upon such terms and conditions as it deems proper, extend either the one-year period or the two-year period, or both, and/or may waive the requirement that substantial progress shall continue without undue interruptions. Any such extension of time or waiver may be made by the Town Board without a public hearing. In any event, if the use of a flea market is abandoned or discontinued at any time for a period in excess of one year, then and in that event, this local law shall be deemed automatically revoked and void and the previous regulations and laws shall obtain.