[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.
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.
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, 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.
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.
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.
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.