[Adopted 1-6-2007 by L.L. No. 1-2007;
amended 9-5-2018 by L.L. No. 6-2018]
This local law shall be known and may be cited
as Local Law No. 1 of 2007, a local law amending Local Law No. 5 of
1995 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 the "Pino 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 Pino Planned Development
District.
The area of said Pino 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 January 16, 2006, as revised
June 19, 2006, entitled "Pino Parcel Commercial/Light Industrial Park,"
consisting of approximately 64.8 acres located on the north side of
NYS Route 146 approximately 760 feet east of the NYS Route 146 and
County Route 109 intersection, west of US Route 4/NYS Route 32, further
described as Tax Map No. 267.00-2-11.1.
There shall be developed within the area of
said Pino Planned Development District the subdivision of the parcel
into a maximum of five lots. The area to be developed comprises approximately
64.8 acres of land. The area will not have public water unless and
until the Clemente Planned Development District provides public water
to the site. There will be no development at this site until public
water is available. There will be no outside storage whatsoever. There
will be no trailer or tractor-trailer storage.
A. 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.
B. 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.
C. 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. There will be
a two-hundred-foot buffer along the front of NYS Route 146.
D. Approval of the Town of Halfmoon for the water distribution
system when connected to a municipal source will be obtained. The
execution of the water district extension agreement is a condition
precedent to the subdivision approval and any construction, building
permits, or development within the subdivision site. As a part of
the agreement for extension of water to the site the applicant will
be required to extend waterlines from the current Town of Halfmoon
system to the project site and loop those lines in accordance with
the requirements of the Town of Halfmoon Water Superintendent, which
requirement and agreement will be a part of the water district extension
agreement.
E. Before construction of Pino 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.
F. During the construction of Pino 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.
G. Buffers required will be installed per Planning Board
direction.
H. A twenty-five-foot trail shall be constructed at the
expense of the applicant extending from the northwest corner of the
property to a cul-de-sac proposed in the center of the parcel across
the remainder of the property toward and eventually connecting with
a path along the old canal. The trail shall be constructed in compliance
with the standards as set forth by the Halfmoon Trails Committee.
I. A traffic study has been conducted regarding the impacts
of this project and the Clemente Planned Development District. The
report concludes that the development of an additional 100,000 square
feet in either park will warrant the addition of a left-hand turn
lane from Route 146. The development of a second 100,000 square feet
in either park will warrant the installation of a traffic signal on
Route 146 at the entrance to the park. Depending on the timing of
these improvements, it may be necessary for the applicant to improve
the sight distance at the driveway with NYS Route 146. This will also
need to be coordinated with NYSDOT as part of the access permit prior
to final stamping of plans. All off-site traffic improvements will
be at the applicant's sole cost and expense. Failure of either applicant
to provide the required improvements shall result in an automatic
termination of the planned development district, a return of the property
to its original zoning and a termination of the uses on both sites
that are not in conformance with the original zoning.
J. 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.
K. 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.
L. 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.
M. The applicant shall be responsible for the payment
of $75,000 to the Town of Halfmoon to be utilized by the Town of Halfmoon
for the public benefit and shall deliver, at the cost of the applicant
and only at the request of the Town of Halfmoon, the lighting fixtures
from the previous use of the facility.
N. Based upon the studies conducted by the Town, including
but not limited to the Townwide 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, although a proper case exists for requiring
a park or parks suitably located for playgrounds or other recreational
purposes, this parcel is not suitable for the location of a park of
adequate size to meet the needs of the Town of Halfmoon, therefore
the applicant shall be responsible for recreation fees as assessed
by the Planning Board at the time of the subdivision and prior to
the granting of certificates of occupancy.
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.
As per Town rules and regulations.
Upon satisfactory completion in accordance with
the approved drawings of all stormwater management facilities within
the limits of dedicated streets, they 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 the Pino 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 5 of 1995, Zoning Map, is hereby
amended by providing that the Pino 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.
[Added 9-5-2018 by L.L.
No. 6-2018]
A. Title. This Local Law shall be known and may be cited as Local Law
No. 6 of 2018, 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 amendment of a Planned Development District known as the Pino
Planned Development District created by Local Law No. 1 of 2007, now
renamed the Halfmoon Commercial Planned Development District.
B. Establishment of 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, 1995, as previously amended and supplemented by
the zoning ordinances of the Town of Halfmoon, as adopted, and by
Local Law No. 1 of 2007 be and the same hereby are further amended
by the Halfmoon Commercial Planned Development District.
C. Boundaries. The area of said Halfmoon 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 July 31, 2018, entitled "Halfmoon Commercial PDD" consisting
of approximately 65.3 acres located on the north side of NYS Route
146 approximately 760 feet east of the NYS Route 146 and County Route
109 intersection, west of US Route 4/NYS Route 32 further described
as tax map numbers 267.00-2-11.1 and 267.00-2-38.
D. Development. The area of said Halfmoon Commercial Planned Development
District is intended to be subdivided into lots, the actual number
of which shall be determined based on the needs and types of users
intending to establish businesses consistent with the uses permitted
in a Light Industrial-Commercial zone including development for use
for sports facilities in the Halfmoon Commercial Planned Development
District. The area to be developed comprises approximately 65.3 acres
of land. The area has public water as a result of the owners of Clemente
Planned Development District, the Halfmoon Commercial Planned Development
District and the developer of Paar Estates (collectively, the "developers")
having extended the existing Town water facilities located at Pruyn
Hill Road and Farm to Market Road to the site. There will be no outside
storage on any lot with frontage on NYS Route 146 unless adequate
screening is provided as determined during site plan review. Subject
to the preceding sentence, construction trailers shall be permitted
during the construction of buildings on the site unless otherwise
prohibited by the Planning Board.
(1)
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, which may be dedicated to the Town of Halfmoon if the Town Board
so directs to encompass the PDD as required all to be acceptable to
the Town Attorney.
(2)
No facilities which require exhaust stacks for manufacturing
processes or process emissions will be permitted. Minor exhaust stacks
may be allowed for ventilation and for maintenance and repair activities
which are incidental to the primary use of the lots. Any other nonmanufacturing
exhaust stacks may be permitted upon receipt of all required governmental
approvals therefore, and upon approval of the Town of Halfmoon Planning
Board.
(3)
Visual impacts, especially those on adjacent properties, will
be minimized through the use of buffer areas, setbacks, architectural
design and screening, such as berms, fences and plant materials for
the Halfmoon Commercial Planned Development District area as a whole
and for each developed site as shown on and approved by the Planning
Board during final site plan review, application for any changes in
tenants, and during subdivision review. There will be a 100-foot buffer
along the front of NYS Route 146 with respect to the Parcel 267.00-2-11.1.
(4)
Approval of the Town of Halfmoon for the water distribution
system being connected to a municipal source will be obtained and
as each portion is developed, the fees as outlined in the water district
extension agreement shall be paid in conformance with the agreement.
(5)
Site plan/subdivision approval shall be required before application
may be for a building permit in the Halfmoon Commercial Planned Development
District.
(6)
During the construction of the Halfmoon Commercial 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 during site plan review, parking areas providing
sufficient parking for all plants or buildings with required handicap
areas, curbs and walks, landscape, buffers, etc. as required by the
Planning Board.
(7)
A traffic study was conducted regarding the impacts of this
project and the Clemente Planned Development District. The study concluded
that the development of either PDD will warrant the addition of left
hand turn lanes from Route 146. The installation of a traffic signal
on Route 146 at the entrance to the PDD's, and that improvements of
the sight distance at the driveway with NYS Route 146 may be required.
An update to this study may be required by the Planning Board during
site plan review or during review of a change of tenant application.
The actual improvements within the right-of-way of NYS Route 146 shall
be determined by the New York State Department of Transportation and
may include, if required, turn lanes, site distance improvements and
traffic control devices. All off-site traffic improvements will be
at the applicant's sole cost and expense. Failure of the owner of
the PDD to provide the improvements required of it by NYSDOT shall
result in an automatic termination of the Planned Development District
and the return of the property in the PDD to its original zoning but
the uses that have been established prior to such termination may
be continued.
(8)
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 related to the proposed project 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, subject to Subsection
D(11) below. The costs of these project specific improvements must be borne by the developer.
(9)
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, previously
issued a negative declaration indicating that this project should
not have a significant impact on the environment.
(10)
The applicant shall be responsible for the payment of $75,000
to the Town of Halfmoon to be utilized by the Town of Halfmoon for
the benefit of the Town to be paid prior to the issuance of any certificates
of occupancy.
(11)
Based upon the studies conducted by the Town, including but
not limited to the Town-wide survey, trail study, recreation study,
open space study, Comprehensive Plan, and the studies conducted for
the Town Park on NYS Route 236, it is clear that although a proper
case exists for requiring a park or parks suitably located for playgrounds
or other recreational purposes, this parcel is not suitable for the
location of a park of adequate size to meet the needs of the Town
of Halfmoon, therefor, the applicant shall be responsible for recreation
fees as assessed by the Planning Board at the time of the subdivision
and prior to the granting of the certificate of occupancy.
E. Construction regulations. 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 §
165-54H of the Town's Zoning Code, 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 and/or the Town Engineers. 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. The water distribution system for the PDD shall be connected to public or municipal facilities and constructed and inspected according to Town standards.
F. Construction inspection escrow. As per Town rules and regulations.
G. Stormwater management facilities; dedication. The stormwater management
facilities shall be constructed in conformance with the approved drawings.
These facilities shall be maintained by the owner who shall provide
the Town of Halfmoon with an easement to access the facilities for
maintenance if the owner fails to keep facilities in a condition that
is satisfactory to the Highway Superintendent. Any costs associated
with the Town conducting maintenance and/or repairs shall be the responsibility
of the owner of the property. If such costs are not paid in a timely
manner, the costs shall be added to the next tax bill for the property.
At the Town's request, the owner shall provide 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.
H. Stormwater management facilities; easements. 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.
I. Revocation; regulations for construction completed at time of revocation;
waiver. This amendment shall be deemed automatically revoked and void,
and the previous regulations and laws shall obtain, if within two
years from the effective date of this Local Law, the construction
of the project has not begun, or if after construction has begun,
if substantial progress does not continue without undue interruption
thereafter, or if the development is not complete within 15 years
of such effective date. 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, and this 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 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 two-year period or the fifteen-year period or both
and/or may waive the requirement that substantial progress shall continue
without undue interruption via Town Board resolution. Any such extension
of time or waiver may be made by the Town Board without a public hearing.