[Adopted 2-15-2005 by L.L. No. 4-2005]
This local law shall be known and may be cited
as Local Law No. 4 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,
providing for the creation of a planned development district known
as "Vosburgh Road Commercial 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 previously amended,
be and the same hereby are amended and supplemented and are hereby
further amended and supplemented by the creation of the Vosburgh Road
Commercial Planned Development District.
The area of said Vosburgh Road Commercial 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 August
10, 2004, entitled "Vosburgh Road Commercial, Planned Development
District, Town of Halfmoon, Saratoga County, 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 Vosburgh Road Commercial Planned Development District on the
corner of Route 146 and Vosburgh Road on a 3.73 acre commercial parcel
and 58.77 acres of open space, which will be dedicated to the Town
of Halfmoon. The Vosburgh Commercial Center will be built on the 2.5
acre portion of land located south of the corner of Vosburgh Road
and Route 146. The commercial area, a convenience store and three
professional office and/or retail buildings, will be constructed.
An additional 1.23 acre commercial portion will be developed immediately
north of Vosburgh Road. A professional office will be located on the
parcel north of Vosburgh Road. The applicant will provide a gravel
parking area for the donated property to the Town, as is shown on
the proposed development plan. In addition, ten-foot-wide strips of
land on each side of the existing Vosburgh Road right-of-way will
be dedicated to the Town of Halfmoon for future highway improvements.
A.
Off-street parking will be provided per Town of Halfmoon
commercial standards.
B.
Potable water for the district shall be provided by
connection with the Town of Halfmoon Consolidated Water District at
the applicant's sole cost. No use of Town water shall be permitted
for any other land. No connection or use shall be permitted to any
other source of water. Approval of the water distribution system shall
be obtained by the applicant from the Town of Halfmoon.
C.
Wastewater disposal will be provided by connection
to the Saratoga County Sewer District No. 1. Plans for the collection
system must be approved by Saratoga County Sewer District No. 1 and
the New York State Department of Health. The cost of such connection
shall be borne by the applicant.
D.
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.
E.
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses.
A.
Before construction of the amended Vosburgh Road Commercial
Planned Development District is started or any building permit is
issued relative thereto, final site plans and specifications, sufficient
for the site plan review and engineering analysis, shall be submitted
to and approved by the Planning Board of the Town of Halfmoon and
filed with the Town Clerk of the Town of Halfmoon, and said approval
is a condition precedent to any construction.
B.
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 Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
C.
The exact location, number 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 this local law.
D.
The setbacks for all construction on the property
shall be a minimum of 30 feet with opaque buffers or landscape buffers,
as the Planning Board will dictate and based upon the Planning Board's
review and approval of the location and placement of the buildings
and the required open space beyond the boundaries of each building,
but in no event shall the distance for the setback be less than 30
feet from the westerly and southerly boundaries of the parcel, which
location of the setbacks and buildings will be subject to the final
site plan and review of the Town of Halfmoon Planning Board.
E.
During construction of the Vosburgh Road Commercial
Planned Development District, there shall be constructed in general
conformity with the preliminary plans, as a part of the plans and
specifications to be approved by the Planning Board of the Town of
Halfmoon, parking areas and access drives providing sufficient parking
and access for all buildings per Town specification.
Upon satisfactory completion in accordance with
the requirements of the appropriate state agencies, all water distribution
facilities including mains, valves, fittings, hydrants and that portion
of the service connection which lie outside the limits of dedicated
roadways shall be offered to the Town of Halfmoon with delivery to
the Town of Halfmoon of duly executed deeds, title insurance, easements
and bills of sale as appropriate 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,
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.
All signs within the district shall comply with
the requirements established by the Planning Board during site plan
review and must be approved by said Planning Board.
A.
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
the following:
(1)
Return of the site to its original condition after
clearing and grading should this be deemed necessary by the Planning
Board;
(2)
The satisfactory completion of the utilities, paving,
stormwater management and retention areas and other infrastructure
for the project;
(3)
The satisfactory completion and maintenance of SWPPS,
landscaping and drainage on the project site.
B.
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
A.
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 (Generic Environmental Impact Statement).
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.
B.
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.
Local Law No. 5 of 1995 is hereby amended by
providing that the Vosburgh Road Commercial Planned Development District
be set forth on a supplementary map which is hereby made a part of
this local law as Exhibit B, dated August 10, 2004, the property set
forth on such map is the same real property described in the description
annexed hereto and marked Exhibit A made by Lansing Engineering, PC,
dated August 10, 2004.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
A.
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(1)
Commencement of the construction of the Stewart's
Shop within Vosburgh Road Commercial Planned Development District
has not begun within 36 months from the effective date of this local
law;
(2)
Substantial progress is not being made without undue
interruption after construction has commenced within the next 24 months;
(3)
Completion of the Vosburgh Road Commercial Planned
Development District is not completed within five years from the effective
date of this amendment to the local law.
[Amended 1-6-2010; 1-7-2015 by L.L. No.
1-2015]
B.
As to the area within which a building or buildings
have been constructed pursuant to this local laws, there shall be
no voiding of this amendment, and as to said area and buildings, this
amending local law shall continue in full force and effect, and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 30 feet with opaque or landscaped
buffer and stormwater management control of open space beyond the
outside boundaries of each building constructed.
