[Adopted 7-6-2004 by L.L. No. 7-2004]
This local law shall be known and may be cited
us Local Law No. 7 of 2004, a local law amending Local Law No. 2 of
1995 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 "Forum Industries Planned Development District."
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 "Forum Industries Planned
Development District."
The area of said Forum Industries 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 ABD Engineers & Surveyors, dated July,
2004, entitled "Planned Development District - Industrial Concept
Plan Office & Yard for AJS Masonry."
[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 Forum Industries Planned Development District the main office
and maintenance/storage yard of AJS Masonry, and a nine-thousand-six-hundred-square-foot
maintenance\storage garage.
A.
The storage yard would not be used to stock job materials.
The yard will store leftover pallets or masonry block to be used for
future repair and maintenance of buildings constructed by AJS. There
will be no waste piles of materials stored. The storage and maintenance
building will be used to store tools, mixers, etc. and to maintain
equipment.
B.
The existing building previously used as an office\maintenance
garage for the junkyard will be reconstructed to be used as an office
area. The building will be re-sided with masonry with a small auto
parking lot constructed in front. Existing overhead doors will be
removed and installed on the rear of the building.
C.
The front of the property will be improved with removing
the chain link fence and adding berms and landscaping. Remaining car
parts and tires will be removed. The fence along the south property
line will be replaced with a solid wood fencing and evergreen trees,
all pursuant to the approved site plan.
D.
Water service will be provided by connecting to the
existing waterline on Dunsbach Road. The buildings will be served
by individual on-site septic system.
E.
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, and maps.
F.
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.
G.
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.
H.
Approval of the Town of Halfmoon for the water distribution
system when connected to a municipal source will be obtained.
I.
The area described is approximately 18.9 acres in
size and is located on Dunsbach Road.
J.
Before construction of Forum Industries 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.
K.
Remediation of the contaminated areas of the site
shall be completed in accordance with the environmental audit submitted
as part of the application.
L.
During the construction of Forum Industries 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.
M.
Buffers required will be installed per Planning Board
directions.
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.
As per Town rules and regulations.
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 Forum Industries 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.
Said Local Law 2 of 1995, Zoning Map, is hereby
amended by providing that Forum Industries 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.
