[Adopted 9-20-2005 by L.L. No. 7-2005]
This local law shall be known and may be cited as Local Law No. 7 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 to be known as "A&M Sports Complex 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 to include a planned development district to be known and described as "A&M Sports Complex Planned Development District."
The area of said A&M Sports Complex 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 July 11, 2005, entitled "Planned Development District, A&M Sports Complex, Town of Halfmoon, Saratoga County."
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
There shall be constructed within the area of said A&M Sports Complex Planned Development District a project generally consistent with the preliminary development plan dated July 11, 2005, made by Lansing Engineering PC, said parcel to be approximately 10 acres out of the existing 95.5+/- acres, said 95.5+/- acres located on the corner of McBride Road and Pruyn Hill Road on Tax Map parcel number 267.00-1-50.11, to be subdivided into two lots. Lot 1 will include approximately 10 acres and contain the proposed planned development district, and Lot 2 will include the remaining 85.5 acres and the previously approved special use permit. Recreational uses are proposed for each lot.
A. 
The proposed PDD associated with Lot No. 1 will be accessible from Pruyn Hill Road and includes a twenty-thousand-square-foot gymnasium, a parking lot with the required number of parking stalls and, within the building, there will be two full-size basketball courts, two racquet ball courts, men's and women's locker rooms and a snack bar.
B. 
Lot No. 2 will be accessed from McBride Road and will include the existing soccer fields currently being leased to the Mechanicville Youth Soccer League and the existing house and barns that are currently on the property. For Lot 2 the applicants recently proposed three softball fields, three outdoor basketball courts, a pavilion and parking lots with the required number of parking stalls. The applicants receive approval from the Planning Board for the requested special use permit that includes the above-mentioned appurtenances on May 23, 2005. The remaining portion of this lot is not proposed for development at this time.
C. 
Off-street parking will be provided as shown on the site plan.
D. 
Potable water for the district shall be provided by connection to municipal water on Pruyn Hill Road, which will require a consolidated water district extension agreement.
E. 
Wastewater disposal will be provided by an on site septic system.
F. 
A stormwater management system will be required and the design calculation reviewed by the Town Engineers. This will be installed to minimize the impact of the project on adjacent and downstream properties and shall meet applicable New York State Department of Environmental Conservation and Town of Halfmoon standards and shall be, at the sole option of the Town of Halfmoon, dedicated to the Town, with appropriate title insurance, as-built maps, bonds or letters of credit, etc., as acceptable to the Town Attorney.
G. 
Existing vegetation shall be maintained to the maximum extent possible to fully buffer views into the site from adjacent lands uses, and buffers shall be constructed from adjacent uses as shown on the site plan.
A. 
Before construction of the A&M Sports Complex 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. Further or additional buildings or facilities shall require approval of the Planning Board in the same manner as the initial site plan provisions.
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, recreation facilities, 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. 
During construction of the A&M Sports Complex Planned Development District, there shall be constructed, as set forth 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 specifications.
E. 
The applicant, to the extent possible, will assure that no light migrates from the planned development district property into any of the other adjacent properties, will screen the other properties to the Planning Board's directive and shall construct the improvements, as reasonably as possible, away from the other residential uses or the Fire Department which abut the planned development district properties.
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 and other infrastructure for the project;
(3) 
The satisfactory completion and maintenance of landscaping, stormwater management and screening 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 and approved by the Town Attorney.
Local Law No. 5 of 1995 is hereby amended by providing that A&M Sports Complex Planned Development District be set forth on a supplementary map which is hereby made a part of this local law as Exhibit B, dated July 11, 2005, the property set forth on such map is the same real property described in the description annexed hereto and marked Exhibit A; said map having been made by Lansing Engineering, PC, dated July 11, 2005, entitled "Planned Development District - A&M Sports Complex - Town of Halfmoon, Saratoga County."
[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 amended A&M Sports Complex Planned Development District has not begun within 12 months from the effective date of this local law;
(2) 
Substantial progress is not being made without undue interruption after construction has commenced;
(3) 
Completion of the proposed planned development is not completed within one year from the start of construction.
B. 
As to the area within which a building or buildings have been constructed pursuant to this local law, 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 50 feet of open space beyond the outside boundaries of each building constructed.
C. 
For proper cause shown, the Town Board may, under such terms and conditions as it deems proper, waive either or both of said requirements by resolutions, without first conducting a public hearing thereon and extend the time for completion or construction of additional facilities.
A. 
All architectural elevations and plantings, proposed layout, configuration of the buildings, etc. must be reviewed and approved by the Town of Halfmoon Planning Board during site specific review and the final building elevations and architecture will be reviewed by the Planning Board.
B. 
The property is located within the Northern Halfmoon GEIS, and the applicant shall be required to pay the necessary and approved GEIS fees.
C. 
The applicant has offered to the Town of Halfmoon the use of the facilities, both indoor and outdoor, for the equivalent of $75,000 in rental time at no cost to the Town over the five-year period at $15,000 of a space for use per year at the current market rate charged by the complex, but at no more than the least market rate that is charged.
D. 
It being the intent that the Town of Halfmoon will pay no more per hour of time than the least amount that is charged any user. The amount of free use space may be continued to the next year and may be accumulated and used after the five-year period.
E. 
In the event that A&M Sports Complex intends to donate hours to Halfmoon residents who cannot afford to attend the camp, activities, etc. and include those hours that will come out of the Town of Halfmoon's allotted $15,000 worth of space per year. There must be prior written approval from the Town Council representative from the Halfmoon Town Board who is the Town Board's Recreation Liaison prior to those Halfmoon residents' use of the facilities.
F. 
No deduction from the Town of Halfmoon hours will be permitted or accepted unless and until those hours are approved by the Town Council representative who is the liaison to the Recreation Department, in writing.
G. 
A&M Sports Complex has also advised that they will consider any child recommended by the Town of Halfmoon as a being a worthy candidate and may offer free participation into any event at the A&M Sports Complex. The complex will provide, as early as possible, a list of upcoming events for which the Town of Halfmoon may submit the names of deserving children.
H. 
In the event the parties cannot agree on the timing of the use of the facility, a third party arbitrator will determine the use to be permitted by the Town of Halfmoon, it being the intent of the parties that the Town of Halfmoon have the use of the facilities for their $15,000 per year worth of space at market rate, to be during regular business hours and during the regular hours of the A&M Sports Complex and on an equal basis with any other user of the facility.
I. 
In the event the parties cannot agree on the adequate time to be afforded to the Town of Halfmoon, the arbitrator will be appointed and the determination of the arbitrator as to the time available shall be binding. In the event an arbitrator is required. Any hours not able to be used during the period of time in question, because of the delay caused by arbitration, shall be accumulated and shall be continued into the next year.
J. 
At the end of the five-year term, the applicants will extend to the Town a ten-percent to fifteen-percent reduction in the market rates for the use of their facility as a continued commitment to the Town and community.
K. 
The twenty-five-foot-wide trail corridor will be segregated from the 95.5+/- acre parcel and dedicated to the Town of Halfmoon for the Town's future use as a trail. This twenty-five-foot-wide corridor will extend around the entire perimeter of the 95.5+/- acre parcel.