[Adopted 1-4-2005 by L.L. No. 1-2005]
This local law shall be known and may be cited
as Local Law No. 1 of 2005, 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
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 "Clemente Route 146 Planned Development 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 set forth and enacted
in Local Law No. 5 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 Clemente Route 146 Planned
Development District.
The area of said Clemente Route 146 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 Lansing Engineering, PC, dated November
22, 2004, entitled "Clemente Route 146 Self-Storage Planned Development
District."
[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 Clemente Route 146 Planned Development District the subdivision
of the parcel into a maximum 14 lots. The initial phase of development
will involve a 138,000 square-foot self-storage facility located on
an 8.52 acre parcel at the entrance to the development.
A.
There will be no outside storage whatsoever. There
will be no trailer or tractor-trailer storage.
B.
Water service for the PDD will be provided by installing
a new water main from the existing waterline on Pryun Hill Road to
the project site. Until water is extended as hereafter provided, a
well will supply water for the storage facility.
C.
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 designed in accordance with current New York State
Department of Environmental Conservation regulations 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.
D.
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.
E.
Visual impacts will be minimized through the use of
buffer areas, setbacks, architectural design and screening, such as
berms, fences and plant 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.
F.
Approval of the Town of Halfmoon for the water distribution
system when connected to a municipal source will be obtained.
G.
The area described is approximately 103.8 acres in
size and is located on the south side of Route 146 and west of Routes
4 & 32.
H.
Before construction of Clemente Route 146 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.
I.
During the construction of Clemente Route 146 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.
J.
Buffers required will be installed per Planning Board
direction.
K.
The buffers and the buildings will be set back at
least 500 feet from the Old Champlain Canal, and in the future in
the event the Town wishes to acquire the applicant's portion of the
Old Champlain Canal, a portion which is shown on the site plan as
being encompassed in this parcel, the applicant agrees it will deed
the canal to the Town of Halfmoon if required by the Town at no cost
to the Town of Halfmoon. A declaration reserving this right will be
filed in the Saratoga County Clerk's office in the form and manner
approved by the Town Attorney.
L.
Before building permits or certificates of occupancy
are issued and upon final approval, a bond will be placed for the
extension of the waterline from the Pruyn Hill Road/Farm to Market
Road intersection to the property, in accordance with the direction
of the Superintendent of Water and the Water Committee, plus the installation
of ductile iron pipe for an approximate distance of 5,850 feet from
the intersection of Farm to Market Road and Pruyn Hill Road to the
property of the applicant, at a point crossing Route 146, which point
to be determined by the Water Committee. This will permit a loop in
the system. A bond in the sum of $462,000 shall be posted prior to
the first building permits and/or certificate of occupancy and at
the time of but prior to the stamping of the plans.
M.
Plans provide for the 600,000 foot industrial park
to be developed in phases. The initial phase will consist of a 138,000
square-foot self-storage facility. Subsequent phases will include
development of 262,000 square feet of light industrial/warehousing/office
land use. The report concludes that no improvements to Route 146 will
be necessary as a result of or to support the self-storage facility.
The development of an additional 100,000 square feet in the park will
warrant the addition of a left-hand turn lane from Route 146. The
development of a second 100,000 square feet in the park will warrant
the installation of a traffic signal on Route 146 at the entrance
to the park. All off-site traffic improvements will be at the applicant's
sole cost and expense.
N.
Because the proposed project is located within the
Northern Halfmoon GEIS study area, the applicant is required to pay
mitigation fees to offset the cost of capital improvement projects
made necessary by development in the study area. These improvements
are identified in the GEIS. The improvements to Route 146 recommended
in the traffic study are related to, and made necessary by, the proposed
project, and were not identified in the GEIS. The costs for these
improvements are not included in the mitigation costs that the developer
is required to pay. The costs of these project-specific improvements
must be borne by the developer.
O.
The proposed project is consistent with the goals
established by both the Comprehensive Master Plan and the statement
of findings of the Northern Halfmoon GEIS. As outlined in the GEIS,
no additional SEQRA review is required for projects which are consistent
with the GEIS findings. As such, the Town Board, as lead agency, pursuant
to SEQRA and based upon recommendations from the Planning Board, issues
a negative declaration indicating that this project should not have
a significant impact on the environment.
P.
Turning lanes and traffic signals become necessary
based on the traffic volumes, which do not necessarily relate directly
to building square footages. To try to ensure that monies are available
to make these improvements when they are needed, we suggest that an
estimate be prepared to determine the cost of the work. Based upon
information available in the traffic impact study, the developer shall
be required to provide a schedule that ties the anticipated costs
of all future improvements (turning lanes and traffic signal) to the
traffic generated by the various businesses that build in the proposed
development. The construction estimate, combined with this schedule,
shall be used to develop a per-trip cost for the anticipated improvements.
As each contributing site plan is submitted for approval, a traffic
study would be required to determine what percentage of the traffic
required to reach the various thresholds is generated by that particular
proposal. If approved, the developer would be required to provide
a bond in an amount equal to his share of the estimated construction
costs, based on the percentage of traffic generated by his project
and the per-trip cost. In this manner, when the thresholds are reached
and the improvements are needed, if the developers are unwilling to
contribute to the improvements, the bonds will be used to fund the
work needed at that time.
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.
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 Clemente Route 146 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 Clemente Route 146 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 Lansing Engineering,
P.C., which is hereby made a part of this local law as Exhibit B,
dated April 20, 2004.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
