[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.
[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;
(5) Community centers and government buildings;
(9) Enclosed light manufacturing, light industrial and
assembly;
(10)
Machinery and equipment sales;
(12)
Enclosed service and repair;
(13)
Garage for indoor repair of automotive equipment.
(18)
Laboratories for industrial or scientific research;
(19)
Commercial laundry and dry-cleaning facilities;
(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;
(5) Enclosed light manufacturing, light industrial and
assembly;
(9) Enclosed service and repair;
(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, 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.
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.