[Adopted 9-6-1994 by L.L. No. 7-1994]
This local law shall be known and may be cited
as Local Law No. 7 of 1994, a 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," 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 known as "County Waste Planned Development
District."
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 creating the County
Waste Planned Development District.
The area of said County Waste Planned Development
District is bounded and described as set forth in Exhibit A attached
hereto and made a part hereof and as shown on a certain site plan
map thereof prepared by Ingalls Smart Association, dated March 11,
1994, entitled "County Waste - Town of Halfmoon, Town of Clifton Park,
New York."
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
There shall be developed within the area of
said County Waste Planned Development District a truck terminal and
administrative office, dispatch and garaging of collection vehicles,
maintenance of vehicle and storage of containers for solid waste collection.
No process or manufacturing use of water will be permitted.
A.
A stormwater management and runoff collection or runoff
system will be installed to assure that adjacent and downstream properties,
both public and private, will not suffer increased flooding. An approved
stormwater management and collection system will be submitted with
appropriate easements, bonds, letters of credit, title insurance,
maps, etc., all to be acceptable to the Town Attorney.
B.
No facilities which require exhaust stacks for manufacturing
processes or process emissions will be permitted. Minor exhaust stacks
may be allowed for maintenance and repair activities which are incidental
to the primary use of the site.
C.
Visual impacts will be minimized through the use of
buffer areas, setbacks, architectural design and screening, such as
beams, fences and plant construction materials for the district area
as a whole and for each developed site.
D.
The applicant will construct the road to N.Y.S. Route
9 and the connecting roads in compliance with Town specifications.
E.
Permits from the State Department of Transportation
for access to Route 9 will be obtained.
F.
Approval of the State Department of Health will be
obtained as appropriate.
G.
The area described is approximately 4.6 acres in size,
in the Town of Halfmoon and is located on the east side of Route 9,
southerly of Ushers Road.
H.
Before construction of County Waste 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 and Town Board approvals are required prior
to construction of any improvements.
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 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 architect
or engineer 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 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. Any water distribution or sanitary sewer system
hereafter created must and shall be connected to public or municipal
facilities if said became available to this site.
If and when available, upon satisfactory completion
in accordance with the requirements of the appropriate local and state
agencies, all water distribution facilities including mains, valves,
fittings, hydrants and that portion of the service connection which
lies within the limits of dedicated roadways shall be offered to the
Town of Halfmoon with delivery to the Town of Halfmoon of duly executed
deeds, easements, title insurance and bills of sale, as appropriate
and acceptable to the Town Attorney, at no cost to the Town of Halfmoon,
with title insurance and documents as required by the Town Attorney.
If and when available to the site 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.
Upon satisfactory completion and connection
in accordance with the requirements of the appropriate state agencies
of 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.
Upon satisfactory completion in accordance with
the approved drawings, any and 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.
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 and when requested by the Town of Halfmoon at any time.
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 County Waste 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 complete within four 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. 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 four-year period, or both, and/or may waive the requirement
that substantial progress shall continue without undue interruption.
Any such extension of time or waiver may be made by the Town Board
without a public hearing.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that County Waste PDD be
set forth on a supplementary map which is hereby made a part of this
local law as Exhibit B. The property set forth on such map is the
real property described in the description annexed hereto, made by
the Ingalls Smart Association, which is hereby made a part of this
local law as Exhibit B.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
[Added 8-17-1999 by L.L. No. 4-1999]
A.
This local law shall be known and may be cited as
Local Law No. 4 of 1999, amending and revising Local Law No. 7 of
1994 of the Town of Halfmoon entitled "County Waste Planned Development
District." Said local law provides for the revision of the planned
development district as shown on a preliminary map thereof dated May
27, 1999, made by ABD Engineers & Surveyors.
B.
Local Law No. 7 of 1994 of the Town of Halfmoon, entitled
"County Waste Planned Development District," be and the same hereby
are amended as follows:
|
Section 4 of Local Law No. 7 of 1994 is
amended hereby to add to the permitted use the sorting and processing
of recyclables, construction and demolition debris.
| |
|
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.
[Added 4-4-2000 by L.L. No. 1-2000]
A.
Title. This local law shall be known and may be cited
as Local Law No. 1 of 2000, 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,
and amending Local Law No. 7 of 1994, as amended by Local Law No.
4 of 1999, providing for the creation of a planned development district
known as County Waste.
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 previously amended, be and the same hereby are amended and supplemented
and are hereby further amended and supplemented by the creation of
the Fairway Estates Planned Development District.
C.
Boundaries. The area of said County Waste Planned
Development District is bounded and described as shown on a certain
site plan map prepared by Ingalls Smart Association, dated March 11,
1994, entitled "County Waste, Town of Halfmoon, Town of Clifton Park,
New York." Said boundary is hereby amended to incorporate a 0.47 acre
parcel contained on a map entitled "Map Showing Portion of Lands N/F
of Soloski ((L. 1002 P. 161) to be Combined with 1927 Route 9 (County
Waste)," prepared by ABD Engineers & Surveyors, and dated February
2000. The property is located on the east side of NYS Route 9, south
of Ushers Road and adjacent to the currently facility.[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
Section 402 of the said Local Law No. 2 of 1973, Zoning
Map, is hereby amended by providing that County Waste PDD be set forth
on a supplementary map which is hereby made a part of this local law
as Exhibit B. The property set forth on such map is the real property
described in the description annexed hereto, made by the Ingalls Smart
Association, which is hereby made a part of this local law as Exhibit
B.
[Added 2-19-2002 by L.L. No. 2-2002]
A.
Title. This local law shall be known and may be cited
as Local Law No. 2 of 2002, 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,
and amending Local Law No. 7 of 1994, as amended by Local Law No.
4 of 1999, providing for the creation of a planned development district
known as County Waste, as further amended by Local Law No. 1 of 2000.
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 previously amended, be and the same hereby are amended and supplemented
and are hereby further amended and supplemented by the creation of
"County Waste Planned Development District."
C.
Boundaries. The area of said County Waste Planned
Development District is bounded and described as shown on a certain
site plan map prepared by Ingalls Smart Association, dated March 11,
1994, entitled "County Waste Town of Halfmoon, Town of Clifton Park,
New York." Said boundary was previously amended to incorporate a 0.47
acre parcel contained on a map entitled "Map Showing Portion of Lands
N/F of Soloski ((L. 1002 P. 161) to be Combined with 1927 Route 9
(County Waste)," prepared by ABD Engineers & Surveyors, and dated
February 2000. The property is located on the east side of NYS Route
9, south of Ushers Road and adjacent to the currently facility. The
said boundary is further amended to add an 8.5 acre parcel contiguous
to and immediately southeast of the existing plot to the plot and
further providing said additional 8.5 acre parcel shall not be a separate
lot but shall be considered a part of and be combined with the existing
parcel so no new separate plot will be created. The additional 8.5
acre parcel is shown on a map thereof made by ABD Engineers &
Surveyors, dated August 2001, entitled "Lands of Wunderlich" and denominated
as Lot B on said plot.[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
The said Local Law No. 5 of 1995, Zoning Map, is hereby
amended by providing that the County Waste PDD be set forth on a supplementary
map which is hereby made a part of this local law as Exhibit B. The
property set forth on such map is the real property described in the
description annexed hereto, made by ABD Engineers & Surveyors,
which is hereby made a part of this local law as Exhibit A.
E.
Effective date. 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. The
original planned development district legislation and the subdivision
plan, made by ABD Engineers & Surveyors, dated November 9, 2002,
will provide that the land will be used for storage of trucks and
containers. There will be no increase in the number of employees or
trucks servicing the business, and the area involved will be used
for clean, empty box storage. No refuse is to be stored or handled
within this area. A minimum one-hundred-foot no disturbance buffer
along the Dwasskill will be created, as per the Town Engineers and
Surveyors, Clough Harbour Associates' representative Mike Bianchino's
letter of January 24, 2002.
[Added 10-7-2003 by L.L. No. 5-2003]
A.
Title. This local law shall be known and may be cited
as Local Law No. 5 of 2003, 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,
and amending Local Law No. 7 of 1994, as amended by Local Law No.
4 of 1999, providing for the creation of a planned development district
known as County Waste, as further amended by Local Law No. 1 of 2000,
and Local Law No. 2 of 2002.
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 previously amended, be and the same hereby are amended and supplemented
and are hereby further amended and supplemented by the creation of
the "Amended County Waste Planned Development District."
C.
Boundaries. The area of said County Waste Planned
Development District is bounded and described as shown on a certain
site plan map prepared by ABD Engineers and Surveyors, dated August
1, 2003, entitled "County Waste Town of Halfmoon, Town of Clifton
Park, New York," and a map made by ABD Engineers & Surveyors,
dated May 2003, entitled "County Waste Recycling Facilities, 1927
Route 9, Site and Grading Plan." Said boundary was previously amended
to incorporate a 0.47 acre parcel contained on a map entitled "Map
Showing Portion of Lands N/F of Soloski ((L. 1002, P. 161) to be Combined
with 1927 Route 9 (County Waste)," prepared by ABD Engineers &
Surveyors, and dated February 2000. The property is located on the
east side of NYS Route 9, south of Ushers Road and adjacent to the
currently facility. The said boundary was further amended previously
to add an 8.5 acre parcel contiguous to and immediately southeast
of the existing plot to the plot and further providing said additional
8.5 acre parcel shall not be a separate lot, but shall be considered
a part of and be combined with the existing parcel so no new separate
plot will be created. The additional 8.5 acre parcel is shown on a
map thereof made by ABD Engineers & Surveyors dated August 2001,
entitled "Lands of Wunderlich," and denominated as Lot B on said plot.[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
The said Local Law No. 5 of 1995, Zoning Map, is hereby
amended by providing that the County Waste PDD, as amended herein,
be set forth on a supplementary map which is hereby made a part of
this local law as Exhibit B. The property set forth on such map is
the real property described in the description annexed hereto made
by ABD Engineers & Surveyors, which is hereby made a part of this
local law as Exhibit A.
E.
The original planned development district legislation
and the site plan, made by ABD Engineers & Surveyors, dated August
1, 2003, will provide that the planned development district will be
amended to allow construction of two new buildings to be used for
the sorting and transfer up to 1,000 tons of construction and demolition
(hereinafter C&D) and municipal solid waste (hereinafter MSW)
materials per day.
(1)
The plus or minus twenty-acre site also has facilities
for maintaining the 120 vehicle fleet of trucks and tractors used
to collect the waste, in addition to the existing offices also proposed.
(2)
The project will benefit from capital improvements.
The project is identified in the North Halfmoon GEIS as such that
the applicant must contribute to the mitigation fees established in
the GEIS Statement of Findings. The mitigation costs for this project
using the EDU factors established in the GEIS Statement of Findings
for Warehouse Operations under GEIS would require a total payment
at the time of application for the building permit of $15,918, broken
down as follows:
|
Water
|
5.5 EDUs x $1,151.00/EDU =
|
$6,330.00
| |
|
Sewer
|
5.5 EDUs x $594.00/EDU =
|
$3,267.00
| |
|
Culverts
|
5.5 EDUs x $50.00/EDU =
|
$275.00
| |
|
Traffic
|
5.5 EDUs x $745.00/EDU =
|
$4,098.00
| |
|
GEIS preparation
|
5.5 EDUs x $31.00/EDU =
|
$171.00
| |
|
Open space
|
5.5 EDUs x $323.00/EDU =
|
$1,777.00
| |
|
$15,918.00
|
(3)
County waste's plan includes:
(a)
A new maintenance garage, 60 feet by 250 feet
(15,000 square feet), for servicing its fleet of over 100 garbage
trucks.
(b)
A new building, 100 feet by 250 feet (25,000
square feet), to house its C&D debris and proposed MSW sorting
area.
(c)
Conversion of the existing maintenance building
into a truck washing facility and welding shop.
(d)
A new state-of-the-art fueling facility.
(e)
Additional parking and storage areas for its
employees, trucks and waste containers.
(f)
A new storage facility, 60 feet by 125 feet
(7,500 square feet), containing bunkers for recyclable materials.
(g)
An expanded office area.
(h)
A gated security entrance.
(i)
Connection to the Saratoga County Sewer System.
(j)
New stormwater management facilities.
(4)
The applicant's modification to the planned development
district to permit the handling and transfer of up to 1,000 tons per
day of C&D and MSW will be essentially the same as waste that
is currently handled at the facility. It will not include hazardous
waste, medical waste, industrial sludge and other wastes that are
typically nonrecyclable or environmentally sensitive as per New York
State Department of Environmental Conservation definitions.
(5)
Further, it will not include wastes where the liquid
content exceeds 60%.
(6)
The proposal provides that the planned development
district will include recycling of material, which will be a positive
effect in meeting local county and state recycling objections.
(7)
The truck washing area in the garage of the C&D
and MSW sorting building will all be equipped with appropriate oil/water
separators, grit chambers and holding tanks. The truck washing area
will recycle all wash water.
(8)
The approximately 120 vehicles, garbage trucks and
tractors, that are stationed at the site, will enter and exit the
site via the Route 9 driveway.
(9)
All new and renovated facilities will be designed
and built to meet or exceed all current NYSDEC Part 360 requirements
and all local building and zoning codes.
(10)
The types of waste to be accepted, as defined
in Part 6 NYCRR Part 360, are as follows:
(a)
“Municipal solid waste" means combined
household, commercial and institutional waste materials generated
in a given area. No odiferous, putrescible waste that will cause a
local nuisance will be accepted at the facility. No liquid or sludges
will be accepted at the facility. All waste will be screened upon
entering the facility. Any waste not meeting the facility's acceptable
waste criteria will be reloaded and immediately removed from the site.
(b)
"Construction and demolition (C&D) debris"
means uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads,
and uncontaminated solid waste resulting from land clearing. Such
waste includes, but is not limited to bricks, concrete and other masonry
materials, soil, rock, wood (including painted, treated and coated
wood and wood products), land clearing debris, wall coverings, plaster,
drywall, plumbing fixtures, non-asbestos insulation, roofing shingles
and other roof coverings, asphalt pavement, glass, plastics that are
not sealed in a manner that conceals other wastes, empty buckets ten-gallons
or less in size and having no more than one inch of residue remaining
on the bottom, electrical wiring and components containing no hazardous
liquids, and pipe and metals that are incidental to any of the above.
Solid waste that is not C&D debris (even if resulting from the
construction, remodeling, repair and demolition of utilities, structures
and roads and land clearing) includes, but is not limited to, asbestos
waste, garbage, corrugated container board, electrical fixtures containing
hazardous liquids such as fluorescent light ballasts or transformers,
fluorescent lights, carpeting, furniture, appliances, tires, drums,
containers greater than 10 gallons in size, any containers having
more than one inch of residue remaining on the bottom and fuel tanks.
Specifically excluded from the definition of construction and demolition
debris is solid waste (including what otherwise would be construction
and demolition debris) resulting from any processing technique, other
than that employed at a Department-approved C&D debris processing
facility, that renders individual waste components unrecognizable,
such as pulverizing or shredding. Also, waste contained in an illegal
disposal site may be considered C&D debris if the Department determines
that such waste is similar in nature and content to C&D debris.
(c)
"Commercial waste" means solid waste generated
by stores, offices, restaurants, warehouses and nonmanufacturing activities
at industrial facilities. No putrescible waste generated from the
food industry (i.e., restaurants and cafeterias) will be handled through
the transfer facility.
(d)
"Household waste" means solid waste discarded
from single or multiple dwellings, hotels, motels, campsites, public
and private recreation areas, ranger stations and other residential
sources.
(11)
Operation of the facility will be regulated
under Part 360, Title 6 of the New York Code of Rules and Regulations
(6 NYCRR Part 360), Solid Waste Management Facilities.
(12)
The operation and maintenance will be pursuant
to the Operation and Maintenance Manual submitted to the Town of Halfmoon,
a copy of which is annexed hereto, except as determined not to be
applicable by the Planning Board during the review process or the
New York State Department of Environmental Conservation.
[Added 6-7-2017 by L.L.
No. 2-2017]
A.
Title. This local law shall be known may be cited as Local Law No.
2 of 2017, 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, and amending Local
Law No. 7 of 1994, as amended by Local Law No. 4 of 1999, providing
for the creation of a planned development district known as County
Waste, as further amended by Local Law No. 1 of 2000, Local Law No.
2 of 2002, and Local Law No. 5 of 2003.
B.
Boundaries. The area of County Waste PDD shall be expanded by 6.75
acres to include the Tabor Road Flex and Truck Terminal Park as further
described on the site plan entitled "Tabor Road Flex and Truck Terminal
Park," dated December 21, 2016, last revised April 28, 2017.
C.
Use. An additional maximum of five "flex" space buildings shall be
permitted as detailed in the Tabor Road Flex and Truck Terminal Park
as further described on the site plan entitled "Tabor Road Flex and
Truck Terminal Park," dated December 21, 2016, last revised April
28, 2017 allowing up to 46,500 square feet of light industrial and
commercial development, together with any uses permitted in the planned
development district. The exact location and specifications of roadways,
buffers, green space and other related matters may be changed, altered
or amended during the Town of Halfmoon Planning Board review process
in a manner generally consistent with the site plan detailed above.
D.
The property being added to the planned development district, as
amended, is identified in the Northern Halfmoon GEIS. The amendment
is in compliance with the findings of the GEIS. The applicant hereby
acknowledges and accepts responsibility to pay the GEIS fees and the
water district extension fees as set by the Town Board at the time
the buildings are constructed. If the fees were determined today,
the total cost would be $25,675. The applicant acknowledges that it
is responsible for the fees as set at the time of the development.
The Northern Halfmoon GEIS Capital Improvement Plan identified the
extension of a twelve-inch waterline from its current terminus to
the Northern Sites subdivision. Prior to the issuance of any certificates
of occupancy associated with this amendment, the applicant shall extend
the twelve-inch waterline approximately 4,600 linear feet along Tabor
Road, providing municipal water to the existing residents. The applicant
will receive a credit to the Northern Halfmoon GEIS fees and any fees
associated with a water district extension agreement based upon the
costs associated with the engineering and construction of the twelve-inch
waterline, estimated to cost $552,000. Any and all amounts not utilized
as a credit towards fees owed shall be a public benefit for the Town
of Halfmoon.
E.
All other provisions of the previously approved County Waste Planned
Development planned development district, together with previously
approved amendments, except as modified herein, shall remain in full
force and effect.
[Added 11-1-2017 by L.L.
No. 6-2017]
A.
Title. This local law shall be known and may be cited as Local Law
No. 6 of 2017, 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, and amending
Local Law No. 7 of 1994, as amended by Local Law No. 4 of 1999, providing
for the creation of a planned development district known as County
Waste, as further amended by Local Law No. 1 of 2000, Local Law No.
2 of 2002, Local Law No. 5 of 2003, and Local Law No. 2 of 2017.
B.
Boundaries. The area of County Waste PDD shall be expanded by 0.4
acres to include Tax Map ID 260-1-39 as part of the Tabor Road Flex
and Truck Terminal Park as further described on the site plan entitled
"Tabor Road Flex and Truck Terminal Park" dated September 13, 2017.
C.
Use. The additional property will increase the allowable square footage
to an amount not to exceed 51,300 square feet of light industrial
and commercial development, together with any uses permitted in the
planned development district.
D.
The property being added to the planned development district, as
amended, is identified in the Northern Halfmoon GEIS. The amendment
is in compliance with the findings of the GEIS. The applicant hereby
acknowledges and accepts responsibility to pay the GEIS fees and the
water district extension fees as set by the Town Board at the time
the buildings are constructed. The applicant acknowledges that they
are responsible for the fees as set at the time of the development.
The Northern Halfmoon GEIS Capital Improvement Plan identified the
extension of a twelve-inch waterline from its current terminus to
the Northern Sites subdivision. Prior to the issuance of any certificates
of occupancy associated with this amendment, the applicant shall extend
the twelve-inch waterline approximately 4,600 linear feet along Tabor
Road, providing municipal water to the existing residents. The applicant
will receive a credit to the Northern Halfmoon GEIS fees and any fees
associated with a water district extension agreement based upon the
costs associated with the engineering and construction of the twelve-inch
water line, estimated to cost $552,000. Any and all amounts not utilized
as a credit towards fees owed shall be a public benefit for the Town
of Halfmoon.
E.
All other provisions of the previously approved County Waste Planned
Development District, together with previously approved amendments,
except as modified herein, shall remain in full force and effect.
