[Adopted 4-6-1999 by L.L. No. 1-1999]
[Amended 6-2-2021 by L.L. No. 3-2021]
This local law shall be known and may be cited as "Local Law No. 3 of 2021," 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 the Boyajian Planned Development District created in 1999.
Local Law No. 2 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 set forth and enacted in Local Law No. 2 of 1995, as previously amended and supplemented by the zoning ordinances of the Town of Halfmoon, as adopted, be and the same hereby are amended by creating the "Boyajian Planned Development District."
[Amended 6-2-2021 by L.L. No. 3-2021]
The area of the Boyajian Planned Development District shall encompass 13.62 acres located at 1620 Route 9 and 29 Sitterly Road in the Town of Halfmoon. The Tax Map identification numbers for the Planned Development District include 272.-1-55 and 272.-1-12. The parcel is further set forth and described on the site plan map dated December 9, 2020, by Lansing Engineering, PC, attached hereto and made a part hereof as Exhibit A.
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
[Amended 6-2-2021 by L.L. No. 3-2021]
There shall be developed within the area of said Boyajian Planned Development District no more than nine building lots for development thereon.
A. 
The following uses shall be permitted upon issuance of a special use permit by the Planning Board subject to meeting the general requirements in § 165-15C of the Zoning chapter, the performance standards of § 165-15D, and in accordance with the procedures outlined in Article XVI, Special Use Permits, of the Zoning chapter.
(1) 
Retail store, restaurants;
(2) 
Business offices;
(3) 
Hotels, motels;
(4) 
Religious institutions;
(5) 
Community centers and government buildings;
(6) 
Personal services;
(7) 
Enclosed accessory uses;
(8) 
Parking;
(9) 
Enclosed light manufacturing, light industrial and assembly;
(10) 
Machinery and equipment sales;
(11) 
Wholesale uses;
(12) 
Enclosed service and repair;
(13) 
Garage for indoor repair of automotive equipment.
(14) 
Indoor recreation;
(15) 
Warehouse;
(16) 
Public utilities;
(17) 
Distribution center;
(18) 
Laboratories for industrial or scientific research;
(19) 
Commercial laundry and dry-cleaning facilities;
(20) 
Printing and publishing;
(21) 
Mechanical, electrical, optical, photographic, scientific or electronic manufacturing that meets the criteria for the definition of "light industry";
(22) 
Multifamily and senior living facilities.
[Added 6-2-2021 by L.L. No. 3-2021]
B. 
For the land fronting on Oak Hill Lane, the following uses may be permitted upon issuance of a special use permit by the Planning Board and subject to § 165-15C and D and Article XVI (in the Zoning chapter):
(1) 
Community centers and government buildings;
(2) 
Personal services;
(3) 
Enclosed accessory uses;
(4) 
Parking;
(5) 
Enclosed light manufacturing, light industrial and assembly;
(6) 
Wholesale uses;
(7) 
Business offices;
(8) 
Hotel/motel;
(9) 
Enclosed service and repair;
(10) 
Indoor recreation;
(11) 
Warehousing;
(12) 
Distribution center;
(13) 
Laboratories for industrial or scientific research;
(14) 
Printing and publishing; and
(15) 
Mechanical, electrical, optical, photographic, scientific or electronic manufacturing that meets the criteria for the definition of "light industry."
C. 
In no event will gas stations or additional used car lots be permitted in any portion of the planned development district.
D. 
The planned development district is subject to the traffic comments and receipt of the Department of Transportation curb cut permit and permit for work in the right-of-way on Route 9.
E. 
The applicant will reserve a sixty-foot strip to benefit the land to be commercially developed along Oak Hill Drive for a future right-of-way from Oak Hill Drive to the internal loop road of the subdivision to be improved by others as a Town road and dedicated to the Town upon direction of the Planning Board of the Town of Halfmoon. There shall be no access from the PDD lands to Oak Hill Drive, including the land fronting on Oak Hill Drive, which land will only access through the PDD roads to be built, except as permitted by the Town Board at a future date upon acceptable traffic improvements/changes to Route 9/Oak Hill Drive. The access road may be constructed on the buffer or such other areas not designated as roadway as the applicant shall determine, subject to the review and approval of the Planning Board.
F. 
There shall be constructed streets together with connecting streets to be connected to existing streets consistent with the preliminary map on file with the Town Clerk herein; all to be constructed to current Town standards of industrial/light industrial roads.
G. 
No lots will be developed before the district is connected to a municipal water source constructed, inspected and certified all in accordance with Town standards. No process or manufacturing use of water will be permitted except as a part of the permitted use.
H. 
Wastewater disposal will be provided by connection to the Saratoga County Sewer District. Plans for the collection system must be reviewed and approved by Saratoga County Sewer District No. 1 and the State Department of Environmental Conservation and NYS Department of Health.
I. 
A stormwater management system will be installed to assure that adjacent and downstream properties, both public and private, will not suffer increased flooding or runoff. An approved stormwater management plan will be submitted with appropriate easements, bonds, letters of credit, title insurance, maps, and a stormwater management district may be created if the Town Board so directs, to encompass the PDD as required; all to be acceptable to the Town Attorney.
J. 
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 lots.
K. 
Visual impacts will be minimized through the use of buffer areas, setbacks, architectural design and screening, such as berms, fences and plant construction materials for the district area as a whole and for each developed site as shown on and approved by the Planning Board during final site plan and subdivision review.
L. 
The applicant will construct the interior loop road and the connecting roads in compliance with Town specifications.
M. 
Permits from the State Department of Transportation for access to Route 9 will be obtained.
N. 
Approval of the State Department of Health will be obtained, as appropriate.
O. 
Approval of the Town of Halfmoon for the water distribution system when connected to a municipal source will be obtained.
P. 
The area described is approximately 36 acres in size and is located on the west side of Route 9, northerly of Sitterly Road.
Q. 
Before construction of Boyajian 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 approval is required prior to subdivision and for site plan and prior to construction on any lot.
R. 
During the construction of Boyajian Planned Development District, there shall be constructed, as set forth as part of the plans and specifications to be approved by the Planning Board of the Town of Halfmoon, parking areas providing sufficient parking for all plants or buildings, with required handicap areas, curbs and walks, landscape, buffer, etc. as required by the Planning Board.
S. 
The traffic study for the site provides analysis for trip generation. No construction or building shall take place without a further amendment to this PDD by the Town Board for peak trip generation anticipated in excess of that set forth in the traffic analysis dated September 24, 1998, made by Creighton Manning Engineering, LLP.
T. 
Currently no traffic signal is planned at Route 9/site driveway due to the proximity to the existing traffic signal at Sitterly Road, the marginal satisfaction of the peak hour volume warrant and the speculative nature of the development scenario. However, further trip generations that exceed that set forth in the Creighton Manning Engineering report, exceed the 355 trip ins in the a.m. peak hour, 342 trip ins in the p.m. peak hour, will require an amendment and additional approval from the Town Board prior to any construction being performed on the site or any other building to be improved which would increase the trip generation above those peak a.m. and p.m. times.
U. 
The buffer(s) shall be an open space buffer, or landscape buffer, with no encroachment of site improvements (building, paving, storage, signage, etc.) and they must be a minimum of fifty-foot or one-hundred-foot buffer(s) as shown on the site plan and approved by the Planning Board. The road may be constructed in buffer if the Planning Board approves.
V. 
Any other buffers required will be installed per Planning Board directory. The State Historic Preservation Office should be contacted and final approval received prior to any construction.
W. 
The allowable uses for the Boyajian Planned Development District shall be expanded to include multifamily and senior living facilities.
[Added 6-2-2021 by by L.L. No. 3-2021]
(1) 
Before application is made for any building permit, approval shall be obtained from the Planning Board of the Town of Halfmoon and the final plan shall be signed by all governmental entities having jurisdiction thereof. 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 amendments and site plan proposed herein.
(2) 
The applicant will provide the Town of Halfmoon $500 per unit to utilize to provide general improvements of the Town facilities. The applicant shall also install a pickleball court at the Town Complex, at its sole expense, within three months from the issuance of the first building permit for the project.
(3) 
The Community Center at Summitt at Halfmoon shall be a dedicated, furnished suite with an indoor pool, recreational facilities, copy and fax machines, a telephone system, computers and broadband connections. In addition, facilities will include a pool/spa, great room, lounge/kitchen, salon, exercise/wellness programs, yoga, dog wash, art gallery, golf simulator, family room, movie theater, library, arts and crafts, chapel, and billiards/game room, with outdoor facilities including pickleball courts, bocce courts and picnic areas. Based upon the studies conducted by the Town, including, but not limited to, the Town-wide survey, trail study, recreation study, the open space work conducted on behalf of the Town, the Comprehensive Plan, and the studies conducted and reports prepared for the new Town park, it is clear that the above amenities and public benefits are properly utilized for recreational purposes. Therefore, the applicant shall not be responsible for recreation fees.
(4) 
All other provisions of the previously approved Boyajian Planned Development District, except as modified herein, shall remain in full force and effect.
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 system must and shall be connected to public or municipal facilities and constructed and inspected according to Town standards.
[1]
Editor's Note: See now § 165-54H in the Zoning chapter.
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.
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.
As per Town rules and regulations.
Upon satisfactory completion in accordance with the approved drawings, 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. The Town may require the developer to create a stormwater management district.
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 Boyajian 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. In the event no application is made to the Planning Board for final site plan approval within one year of this local law, or substantial progress is not made on said application within two years thereafter, this local law shall be deemed automatically revoked and the previous zoning shall apply.
Section _____ of the said Local Law 2 of 1995, Zoning Map, is hereby amended by providing that Boyajian 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 ABD Engineers and Surveyors, 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.