[Adopted 6-14-2004 by L.L. No. 4-2004; amended in its entirety 10-29-2015 by L.L. No. 5-2015]
A.
This local law shall be known as "Local Law Number 5 of 2015 of the
Town of Stillwater" or, "Luther Forest Technology Campus Planned Development
District" (hereinafter the "District" or the "PDD").
B.
The District is intended to be an integrated manufacturing complex
that spans the boundary between the Town of Stillwater and the Town
of Malta. In creating the District, the two Towns have acted in concert
in order to insure that the creation, development and administration
of the District are the products of intermunicipal agreement, cooperation
and shared purpose for the benefit of the citizens of the two Towns
and the region.
C.
The Zoning Code of the Town of Stillwater, as adopted by Local Law No. 1 of 2001, and the Zoning Map of the Town of Stillwater set forth therein and made a part thereof, are amended by changing from the existing zoning district and establishing the aforesaid LFTC PDD, which District is designed to contain one or more world-class quality employers in an environmentally friendly business campus operating nanotechnology manufacturing facilities, nanotechnology research and development facilities, businesses supportive of nanotechnology manufacturing and research and development, offices, commercial, a conference center, and public and recreational trails and facilities. See § 211-161 below, "Definitions."
D.
The area of the District consists of 315 +/- acres of land in the
Town of Stillwater (henceforth "Town") identified by the metes and
bounds description set forth in the margin (henceforth "Stillwater
Parcel").[1] The proposed campus includes not only the District as
formed by this legislation but also 1099.57 +/- acres of adjacent
land in the Town of Malta identified by the metes and bounds description
set forth in the margin (henceforth, the "Malta parcel").[2] The District and the Malta Parcel are collectively referred
to as the "Campus."
(1)
The District shall be laid out in conformance with the maps
set forth in Appendix A hereto (No. 1 Zoning; No. 2 Vegetative Buffers;
No. 3 Roadways; No. 4 Round Lake Bypass; No. 5 Exit 11A; No. 6 Drawings:
Entrances to Village of Round Lake, Views of Campus).
(2)
All land uses, development, construction and operation of facilities
within Development Area 1 shall be conducted in accordance with: i)
this local law; ii) the environmental thresholds and conditions contained
in this local law, including the representative values contained in
the 2008 Industry Requirements Report (Appendix E) as supplemented
by the Industry Requirements Report (Appendix H); iii) the June 14,
2004, findings statements adopted by the Town of Stillwater (Appendix
C); iv) final supplemental environmental impact statement of findings
dated, December 18, 2008 (Appendix E); v) the final second supplemental
statement of findings dated September 19, 2013 (Appendix G); vi) the
third supplemental statement of findings dated October 29, 2015; vii)
the uses and site plans as approved by both Town Boards and Planning
Boards; and viii) any other relevant requirements and conditions of
state and federal environmental laws and permits issued thereunder.
(3)
The development and use restrictions contained within this local
law and any specific conditions to approvals issued hereunder shall
be interpreted so as to bring about the intent of the New York State
Environmental Quality Review Act (hereinafter, SEQRA) and the Town
Zoning Code to protect the public from adverse environmental impacts
to the maximum extent reasonably practicable. To the extent provided
for and allowed under the Municipal Home Rule Law of New York State,
whenever a specified statute, regulation, published industry standard
(e.g., NFPA, ISO) or similar program or provision which is cited herein
is superseded, amended or replaced, the new provision shall be fully
binding. A reasonable period of time shall be allowed for conformance
with a revised industry standard.
(4)
In any instances where specific permitted uses, area or height
standards, development guidelines and/or review procedures specifically
set forth in this local law, as the same are specifically applicable
to the District, conflict with other general provisions or requirements
of the Town of Stillwater Zoning Code, the particular provisions set
forth herein shall take precedence. In all instances not specifically
addressed in this local law, the Code of the Town of Stillwater shall
apply.
(5)
Development within the District, exclusive of Development Areas
1 and 10, shall not exceed two million square feet.
(6)
The development of this District shall not commence and no applications
for development shall be accepted until such time as: 1) the Towns
of Stillwater and Malta have executed and delivered an intermunicipal
agreement for the purpose of sharing tax revenues and payments in
lieu of taxes (PILOT); and 2) the Town of Malta and the Town of Stillwater
have executed and delivered an intermunicipal agreement for the purpose
of administering the governmental approval process required for the
development of the Luther Forest Technology Campus PDD. An intermunicipal
agreement between the Towns of Stillwater and Malta and the affected
School Districts regarding the Luther Forest Technology Campus was
executed on or about August 4, 2005, and made effective February 17,
2005, a copy of which is annexed hereto and incorporated herein as
Appendix B.
(7)
Subject to the provisions and requirements of the Freedom of
Information Law of the state, whenever an entity is required by this
legislation, or rule or regulation promulgated hereunder, to produce
a copy of a document or thing containing trade secrets, the same shall
be provided subject to redaction or other confidentiality protections
authorized by applicable law and reasonably satisfactory to said entity.
(8)
The Town Board of the Town of Stillwater may adopt by resolution
rules and regulations implementing this local law.
[1]
Editor's Note: The metes and bounds description of the Stillwater Parcel is set forth in Appendix A: Luther Forest Technology Campus, included as an attachment to this chapter.
[2]
Editor's Note: The metes and bounds description of the Malta Parcel is set forth in Appendix B: Luther Forest Technology Campus, included as an attachment to this chapter.
As used in this local law, the following terms shall have the
meanings indicated:
An area of woods and undisturbed growth at the perimeter
of the District as set forth on the Maps (Exhibit A), being at least
400 feet in width adjacent to residential areas (except in Development
Areas 4 and 11, which will have a minimum two-hundred-foot buffer),
and 100 feet adjacent to roads, as measured from pavement. Forest
management plans shall provide that mature trees shall be retained
to the maximum extent possible within 100 feet of roadways and residential
areas.
Businesses intended to serve the needs of the Campus community
which are: 1) located within buildings; 2) provide goods, services,
including but not limited to restaurant, fast-food restaurant, retail
business, and goods and services such as dry-cleaning, banking, convenience
stores, day-care center (child), drugstore, fitness center and personal
service shop. The aggregate square footage of this use shall not exceed
50,000 square feet for the entire Campus.
Uses provided by public or not-for-profit entities such as
public or private school, community recreational facilities, public
safety facilities, nursery school, college satellite campus, library,
playground, playing fields and similar uses for the use and benefit
of residents of the surrounding communities as well as users of the
Campus.
A conference center, lodge or retreat to be used by its owner
or the owners for the benefit of its own employees or guests, or for
lease by a single user for its own employees or guests, including
support activities such as food preparation.
Consumer Price Index for all Urban Consumers, North East
Urban, as published by the U.S. Bureau of Labor Statistics.
Persons, businesses, corporations, governmental entities
and quasi-governmental entities (e.g., Saratoga Economic Development
Corp.; public authorities; some emergency and public services entities).
A cycle of planning, implementing, reviewing and improving
the processes and actions that an organization undertakes to meet
its business and environmental goals.
General office, administrative and clerical, marketing, sales
and customer support, including but not limited to businesses in financial
services, insurance, back-office data processing and accounting facilities,
and related nonretail uses.
Forest located within the District either left in an undisturbed
state, or selectively harvested subject to a plan filed with the New
York State Department of Environmental Conservation, and subject to
approval of the Town of Stillwater.
Silicon wafer fabrication facilities, semiconductor manufacturing
and similar nanoelectronics and nanotechnology manufacturing facilities
which use "clean room" manufacturing techniques. Nanotechnology is
the branch of technology that deals with dimensions and tolerances
of 0.1 to 100 nanometers, or with the manipulation of individual atoms
and molecules. Nanotechnology manufacturing is the surface science
and physical chemistry, which focuses on the fabrication of structures
in carbon, silicon, and other inorganic materials. The study of biological
systems that exist primarily in a water-based environment or similar
shall be prohibited, such as biopharmecuticals or bioengineering research
and/or manufacturing uses. Acceptable accessory uses of such nanotechnology
manufacturing facilities would be the provision of services for those
working in such facilities and their guests, for example cafeterias,
day-care facilities, in-house health or medical clinic, ATM machines
or banking branches.
Those businesses and governmental entities which provide/are
related or compatible with nanotechnology manufacturing facilities,
including research and development facilities, as limited by the thresholds
and limitations contained within the SEQRA record for this PDD.
Unless otherwise specified, the word "operator" shall refer
to the person or entity operating a facility within the PDD, whether
or not the operator has any ownership or leasehold interest on the
real property on which the facility is located.
Unless otherwise specified, the word "owner" shall refer
to the title holder of a particular parcel within the PDD, and the
word "owners" shall refer to all owners of property within the PDD,
who shall act through the Landowner's Association described herein,
and whose individual members shall be responsible for the contractual
obligations of the Landowner's Association upon the Association's
default.
A roadway whose primary goal is to accommodate high volume
through traffic movements. The roadway will be no more than two through
lanes (excluding turn lanes) in width in each direction and may be
separated by a median area no less than 20 feet in width. The roadway
may have a separated shared use public pathway as part of its section.
The limits of the primary arterial boulevard are indicated on Exhibit
A-Map No. 3.
Aboveground or underground buildings, structures (including
wires, conductors, conduits, pipes, tunnels, manholes) for the delivery
or transfer of natural gas, electricity, steam, telecommunication
(by cable, radio or microwave transmission) for the benefit of owners
and/or tenants of real property located within the District.
A building or structure built, altered or equipped for experimental
and scientific study or testing and analysis for experimental research,
including laboratories, in the natural, physical, or social sciences
or engineering and development as an extension of investigation with
the objective of creating end products, including the limited construction
of pilot or test models and materials and which does not emit or pass
of sound, vibration, light, odor, smells, smokes and other noxious
or bothersome products beyond the boundaries of the structure, and
does not include activities involving living organisms of any kind.
A paved bikeway constructed to standards adopted by the Town
of Stillwater that is physically separated from motorized vehicular
traffic by an open space or barrier and either within the highway
right-of-way or within an independent right-of-way. Shared use paths
may also be used by pedestrians, skaters, wheelchair users, joggers
and other nonmotorized users. These pathways shall be open to the
general public at all times, and all forms of motorized equipment
shall be prohibited except for motorized wheelchairs and necessary
maintenance vehicles.
Businesses, including technology/research offices, involved
in the production of technologically complex products, new or advanced
materials, products with highly sophisticated designs, and other innovative
products, including processing, packaging, incidental storage, sales
and distribution, and exclusive of uses which emit offensive, noisy
or otherwise objectionable disturbances such as vibration, dust or
odors.
An unimproved, unpaved recreational facility (trail) to service
pedestrians and bicyclists. Trails shall be open to the general public
from dawn to dusk, and all forms of motorized equipment shall be prohibited
except for motorized wheelchairs and necessary maintenance vehicles.
An unenclosed area used by construction contractors to stage
construction material prior to its use and for use postconstruction
for the storage of materials.
The District has been divided into distinct areas as set forth on the Maps, henceforth "Areas". Areas 1 through 11, in which business development is permitted, are also referred to as "Development Areas". The following uses, defined in § 211-161 above, are permitted in the following Areas:
A.
Area 1:
(1)
Allowable uses:
(a)
Nanotechnology manufacturing facilities (up to a maximum of
three manufacturing facilities), at least one to be substantially
located in the Town of Stillwater.[1] Each such facility shall be anchored by a primary fabrication
building, whose footprint shall not exceed 575,000 square feet, and
may include associated accessory buildings (separate or contiguous),
including but not limited to support clean room, manufacturing areas,
a central utility building, a gas separation facility, data center,
other storage and support buildings and one or more administrative
office buildings. Each facility, together with these accessory buildings,
shall not exceed a total building footprint of 980,000 square feet.
[1]
Note: The Town of Malta cannot authorize or prohibit construction
within the Town of Stillwater. The Town of Malta, however, as lead
agency for the SEQRA process underlying the within zoning change,
has evaluated environmental impacts for the Campus in general, and
Development Area 1 in particular, with a maximum of four nanotechnology
manufacturing facilities in the configuration set forth above. Should
a material act be taken in violation of this number or configuration
of nanotechnology manufacturing facilities anywhere within Development
Area 1, the Code Enforcement Officer of the Town of Stillwater or
a court of competent jurisdiction may require that no further construction
be made, and/or no further industrial activity take place, until such
time as the violation has been cured.
(b)
Public and private utilities.
(2)
Uses by special use permit: none.
B.
Areas 2 and 3:
(1)
Allowable uses: nanotechnology manufacturing support businesses;
technology and light industrial; campus commercial, research and development
facilities; community uses; offices; public and private utilities.
(2)
Uses by special use permit: nanotechnology manufacturing facilities
(up to 100,000 square feet of clean room area or less each facility).
C.
Areas 4, 5 and 9:
(1)
Allowable uses: nanotechnology manufacturing support businesses;
technology and light industrial; campus commercial; research and development
facilities; offices; public and private utilities.
(2)
Uses by special use permit: nanotechnology manufacturing facilities
(up to 100,000 square feet of clean room area or less each facility).
All uses identified in this section, whether allowable or permitted
only by special use permit, shall meet the siting criteria and guiding
principles set forth herein.
A.
Uses by special permit. An application for a proposed special use permit shall be accompanied by a demonstration that the proposed use is consistent with the authorized uses set forth in § 211-161 above, as well as the criteria and guiding principles set forth below, as applicable. The Town Board shall approve or deny an application for a special use permit within the time frame permitted by law from receipt of a complete application. If such application is approved, the Planning Board shall complete the site plan review process under the procedures and timetable of Town Law § 274-a relative to site plan approval. In evaluating, interpreting and applying the siting requirements set forth below, as well as the other provisions of this PDD, the Town Board and Planning Board of the Town of Stillwater shall refer to and be guided by the "PDD Master Development Plan, Luther Forest Technology Campus" (henceforth "Master Plan") adopted herewith and set forth as Appendix D. The Master Plan may be amended by the Town Board from time to time following notice and public hearing as required by §§ 264 and 265 of the Town Law regarding zoning amendments. Where the Master Plan and this local law are inconsistent, this local law shall control.
B.
Proposed nanotechnology manufacturing, nanotechnology manufacturing
support businesses, and research and development facilities shall
meet the following siting criteria and guiding principles.
(1)
Business orientation. Entities shall be oriented towards nanotechnology
and related "clean room" development, manufacturing and support.
(2)
Relationships with Campus businesses. Entities shall synergize
with ongoing businesses within the Campus.
(3)
Environmental impacts. Entities shall not produce air emissions,
vibration, excessive traffic, or other adverse impacts which would
be incompatible with the thresholds and limitations set forth in the:
i) June 14, 2004, Statement of Findings (Appendix C); ii) Final Supplemental
Environmental Impact Statement of Findings, December 18, 2008 (Appendix
E); iii) Final Second Supplemental Environmental Impact Statement
of Findings, September 19, 2013 (Appendix G); iv) the representative
values set forth in the 2013 Industry Requirements Report (Appendix
H); v) the October 29, 2015, Supplement Findings Statement; vi) and
all requirements of federal, New York State, Saratoga County and Town
of Stillwater law and regulation.
(4)
Image. Entities shall provide economic stability and high visibility
to the Campus.
(5)
Campus orientation. Entities shall strongly contribute to a
business campus environment by providing compatible architectural
elements and complementary business focus.
(6)
Employment impact. Entities shall provide an expanded employment
base to the region, particularly for technically competent individuals.
New employment opportunities created within the District shall be
posted at the Stillwater Town Hall, Stillwater Village Hall, Saratoga
County Personnel Department and on the internet at a site linked to
the Town's website.
(7)
Intellectual impact. Entities shall add to the intellectual
base of the region.
(8)
Leadership. Entities shall have a demonstrated, long-term commitment
to building public trust and establishing a positive and responsive
relationship within their respective communities through implementation
of successful community participation programs and/or other evidence
of responsiveness to community interest and concerns. Companies will
demonstrate environmental leadership and implement policies that ensure
public accountability. Entities must be committed to promoting the
highest standards of organizational integrity and public responsibility.
(9)
Safety standards. Entities shall have high standards for worker
health and safety as evidenced by their existing compliance record
with OSHA and other state and federal reporting agencies.
(10)
Public trust. Entities shall consistently exercise and promote
the highest standards of organizational integrity and public responsibility.
Owners and operators shall meet all applicable governmental standards
for air, land and water quality and implement environmental management
systems certified to current ISO industry standards. All efforts shall
be made to design, operate and maintain a safe facility and to prevent
accidents.
(11)
Energy conservation. Entities shall conserve energy to the maximum
extent practicable, considering each entity's purpose and mission
and commit to pursuing the highest LEED certification practicable
and economically feasible. Buildings shall be designed, constructed
and operated in substantial accordance with "green building standards."
Tools and equipment will be selected with appropriate consideration
given to energy consumption. Employees shall be encouraged to ride
share or undertake other forms of travel efficiency with the goal
of reducing transportation impacts to the ecosystem. Reference is
made to New York State Energy Research and Development Authority,
LEED; Leadership in Energy and Environmental Design, www.nyserda.org.
(12)
Sustainable use of natural resources. To the maximum extent
practicable, entities shall plan for and commit to the sustainable
use of natural resources, with due consideration given to preservation
of critical habitats identified in the SEQRA process, or subsequently
identified by the Town Board of the Town of Stillwater and communicated
to the landowner in writing.
(13)
Worker protection. Entities shall achieve and maintain high
standards for worker health and safety and implement progressive measures
for risk management and reduction.
(14)
Environmental protection. Entities shall comply with all local,
state, and federal laws and regulations with respect to discharges
into the environment. Furthermore, entities shall agree to appropriate,
relevant and reasonable measures that go beyond compliance with all
applicable local, state, and federal regulations with respect to discharges
into the environment. Such measures shall be incorporated into the
project-specific SEQRA findings statement dated December 18, 2008,
and/or the Second Supplemental Statement of Findings dated September
19, 2013, or another appropriate and binding agreement between the
entity and the Town. Said entities must, to the maximum extent practicable,
continuously reduce potentially harmful discharges into the environment,
and continuously seek and use better substitutes with improved economic
performance for chemicals that have documented adverse environmental
impacts.
(15)
Waste management. Entities shall abide by New York State law, rules and regulation for solid waste management, reuse and recycling. Reference is made to 6 New York Code of Rules and Regulations Part 360; RCRA Title D; Code of Federal Regulations Title 40, Chapter 1, Subchapter I; and www.epa.gov/docs/epacfr40/chapt-1.info/. Companies will proactively seek innovative ways to reuse and recycle waste, thereby minimizing solid and hazardous waste materials that require landfilling.
(16)
Tax sharing agreements, Development Area 1. Nothing herein shall
prohibit entities owing and/or operating businesses in Development
Area 1 from entering into a payment-in-lieu-of-taxes (PILOT) agreement
providing that PILOT payments be allocated in the ratios agreed upon
by and between the Town of Malta, the Town of Stillwater, the Ballston
Spa Central School District and Stillwater Central School District.
Likewise, in the event Development Area 1 is owned by a private entity,
the revenue apportionment ratios shall be made as described above.
(17)
Traffic mitigation. Nanotechnology manufacturing facilities
shall use the "off-peak" shift changes throughout the operating life
of the facility substantially as described in the traffic studies
contained in the Statement of Findings, Exhibit B. No amendment of
this law shall be made to allow for a different sequence or timing
of shift change times for such nanotechnology manufacturing facilities
without the preparation of a supplemental GEIS regarding proposed
variant shift change impacts on adjacent street traffic. The operator
overseeing the construction of the third nanotechnology manufacturing
facility shall ensure that construction shifts are scheduled in such
a manner as to prevent their coinciding with shift changes for nonconstruction
personnel. Compliance with the provision shall require that shift
changes must be separated by at least 30 minutes in order to reduce
commuting congestion.
(18)
Manufacturing activities. All manufacturing uses authorized
within the District shall take place entirely within enclosed buildings,
except for those facilities or portions of facilities such as chemical
bulk, gases (including liquefied cryogenic gases), petroleum, or materials
storage/lay-down facilities or electrical substations which are required
by code, regulation or good engineering practice to be outside of
the manufacturing buildings.
(19)
Environmental management plans. Entities will implement an environmental,
health and safety management program consistent with the Industry
Requirements Report and will attain ISO 14001 certification for the
facility as soon as practicable. Entities will prepare and produce
all environmental plans required by local, state and federal laws.
To the extent such plans are required to be submitted or filed with
any federal, state or local government agencies, entities shall, at
the same time as any such submission or filing, provide a copy of
such plans to the Town of Stillwater, subject to confidentiality protections
authorized by applicable law and reasonably satisfactory to said entities.
(20)
Environmental audits.
(a)
All entities owning or operating businesses within the District
which conduct activities which may have an adverse environmental impact
(e.g., produce wastes or emissions possibly dangerous to human health
or the natural environment, noise, transportation of volatile or dangerous
chemicals or substances) shall operate under an environmental management
system which shall include periodic, independent compliance auditing.
As described in the Industry Requirements Report, the entity conducts
compliance audits corporate wide at all of its manufacturing facilities
and will continue to implement that auditing program.
(b)
Section 211-183G(2) notwithstanding, the entity has an environmental auditing policy that requires periodic third-party compliance auditing of its operations, as described in the Industry Requirements Report, and which may be reviewed and amended from time to time in the discretion of the entity. The entity shall materially comply with its internal environmental auditing policy and all future local, state or federal law or regulations requiring environmental auditing.
(c)
The entity shall contemporaneously provide to the Town of Stillwater
true copies of all reports, records, summaries and conclusions which
are provided to NYS Department of Environmental Conservation and U.S.
Environmental Protection Agency or any other federal, state or local
agency.
(d)
The entity shall contemporaneously provide to the Town of Stillwater
true copies of all permit applications (including supplements or modifications
thereof) to federal, state and local agencies, together with copies
of all permits issued in response thereto.
(21)
Air pollution control. The entity shall comply with all local,
state and federal regulations with respect to air emissions. The first
phase of development will be below Title V thresholds (i.e., not a
major source of air pollutants) and will be permitted under a NYSDEC
state facility permit. Nonetheless, the semiconductor operator shall
design and implement technology equivalent to best available control
technology (BACT) as described in the Industry Requirements Report
and will also develop and implement a compliance assurance monitoring
(CAM) plan which meets the requirements of the provisions of 40 CFR
Part 64 in order to demonstrate and confirm continuous compliance
with permit limits. Neither BACT nor a compliance assurance monitoring
plan is normally a required component of a NYSDEC state facility permit
and, as such, these actions represent voluntary efforts by the entity.
C.
Campus commercial.
(1)
General intent. Commercial uses shall provide such goods or
services primarily for the use and benefit of employees and visitors
to the Campus, so as to reduce environmental impacts by providing
services within the Campus. The intent of this provision is to prohibit
commercial uses that will create a commercial center within the Campus.
(2)
An entity may provide, itself or through a concessionaire, goods
and/or services for its employees, such as a cafeteria, or medical
facility. Such provision of goods and/or services are deemed accessory
to the entity's primary use, provided such goods and/or services are
offered in the entity's own building. The entity may provide, by itself
or through an agent, a fitness facility for the entity's primary use.
(3)
All uses for the provision of goods and/or services other than as described in Subsection C(2) above shall require a special use permit from the Town Board.
(4)
No freestanding structures used exclusively or primarily for
campus commercial uses are permitted in the District.
A.
The development of this District shall not commence and no applications
for development shall be accepted unless the affected municipal corporations
execute an intermunicipal agreement for the purposes of: 1) sharing
tax revenues or payments in lieu of taxes (PILOT); and 2) jointly
administering the planning process required for the development of
the Luther Forest PDD. More specifically, the required intermunicipal
agreements shall provide as follows:
(1)
Subject to the provisions of § 211-163B(16) herein, for revenue sharing, the agreement shall provide for the annual allocation of all real property tax revenues or payments in lieu of taxes, from all real property located within Area 1 such that for Town purposes 75% of the total of all tax revenues or PILOTS shall be allocated, disbursed or paid to the Town of Malta and the Ballston Spa Central School District and 25% shall be allocated, disbursed or paid to the Town of Stillwater and the Stillwater Central School District.
(2)
For site plan review, the agreement shall provide for the creation
of a joint planning board comprised of representatives of each town,
approved by the respective town boards, that will serve as the planning
board for each town in the review of any applications for the development
of the Luther Forest PDD. Any recommendation of the joint planning
board shall be subject to approval by each town board.
(3)
The intermunicipal agreement between the Towns of Stillwater
and Malta regarding the Luther Forest Technology Campus dated August
4, 2005, made effective February 28, 2005, is attached as Appendix
B.
B.
All development shall be subject to site plan review pursuant to
the Town Code of the Town of Stillwater and New York State Town Law.
All building plans shall be approved by an architect duly licensed
by the State of New York or by an engineer duly licensed by the State
of New York. All construction shall comply with current International
Building and Fire Codes as enacted in New York State Code of Rules
and Regulations. All construction shall be subject to inspection by
the Town of Stillwater Code Enforcement Officer, the Town Engineer,
the Town of Stillwater Highway Superintendent, and/or the Town's agent,
as directed by Town of Stillwater Office of Building Inspector - Code
Enforcement Officer.
C.
All roadways denominated herein as primary arterial boulevards and
local streets shall be built to the technical specifications of town
highways in the Town of Stillwater and county highways in the County
of Saratoga for the class of use of the highway in question. The primary
arterial boulevards shall be divided by a median as evidenced in Appendix
A, Map No. 3. If the standards for town and county highways differ,
the more stringent standards shall control. Prior to construction,
plans for such roadways shall be submitted and approved by the Town
of Stillwater Highway Superintendent, Town Engineer and the Saratoga
County Department of Public Works.
D.
All roads, drainage facilities and easements and related rights-of-way
shall be constructed by the developer in conformance with site plan(s)
as submitted and approved by the Stillwater Town Planning Board, and
as approved by the Town's Engineers. All deeds issued for propert(ies)
of or within the District shall be accompanied by a map prepared by
a licensed surveyor showing the proposed transfer and setting forth
the location of all proposed structures and improvements (including
all roads, drainage facilities and easements and related rights-of-way)
whether said proposed improvements are to be made by the transferor,
transferee or a third party, which map shall be reviewed and approved
by the Office of Building Inspector - Code Enforcement Officer prior
to filing with the Saratoga County Clerk. Proof of filing of the deed(s)
and map(s) shall be provided to the Town within 10 days of filing.
E.
It is anticipated that the roads within the District may be offered
to the Town or County for dedication without cost to the Town or County.
The Town or County have no obligation to accept the roads if offered
for dedication. Either the Town or the County may require the dedication
of one or more roads.
F.
Except as otherwise set forth below, no site preparation, clearing,
grubbing, erection of signs or building construction shall be made
without the property owner or its designee having applied for and
received site plan approval from the Town Planning Board, and without
a duly issued building permit.
(1)
Entities may apply for and, upon meeting all necessary requirements,
receive a soil disturbance approval which may permit site preparation,
including but not limited to clearing, grubbing, and excavation and
placement of fill. In order to receive the approval, the entity must
submit a stormwater pollution prevention plan ("SWPPP"). The submission
shall consist of all requirements contained in the Town Code or its
local laws, and any rules and regulations promulgated by the Town
Board hereunder, and SPDES General Permit (GP-0-08-001) for Stormwater
Discharges From Construction Activity.
(2)
Along with the site plan application, the entity may apply for
and may receive a temporary construction site plan approval which
will allow the property to be used temporarily for construction-related
purposes in order to prepare to commence construction of the permanent
structures on site. In order to receive the approval, the entity must
submit an application which complies with any rules and regulations
promulgated by the Town Board hereunder, and which fully identifies:
the layout of the site during construction; temporary structures,
including concrete batch plant, precast plant, temporary offices and
sanitary sewer connections; information pertaining to location and
type of construction materials stored on site; projected start date
and duration; routes for construction vehicles; layout for parking,
temporary utility locations and construction; mitigation plan for
noise, dust, vibration, construction traffic, lighting and emergency
services (including ambulance and fire protection); and any other
information or documentation identified by the Planning Board.
(3)
During site plan review, the Town Planning Board shall review
and may approve site layout, grading and drainage, access, landscaping,
circulation, stormwater management, off-street parking, and lighting.
Upon receipt of site plan approval, the entity shall apply for and
may be issued a building permit to commence activities as set forth
in the resolution for site plan approval. The Town Building Department
may establish an appropriate process for the issuance of phased building
permits as deemed necessary to efficiently process and accommodate
the needs of the project.
(4)
Nothing in this section shall prohibit selective tree harvesting
in nondevelopment areas pursuant to a forestry management plan submitted
to the New York State Department of Environmental Conservation and
following all instructions of the Department, and subject to approval
of the Town of Stillwater.
G.
The hours of allowable outdoor construction shall be from 7:00 a.m.
to 6:00 p.m., Monday through Saturday. Construction at other hours
shall be allowed pursuant to the issuance of a building use permit
to be issued by the Town of Stillwater Office of Building Inspector
- Code Enforcement Officer. Such permits shall be issued in instances
where the applicant can demonstrate that it has, to the greatest extent
practicable, established and implemented mitigation measures for any
construction that will take place outside the proposed hours, and
demonstrate a need for construction outside the allowable construction
times. Such permit shall specify the dates, times and type of construction
that shall be allowed. Notwithstanding the foregoing, the operator
shall use its best efforts to ensure that the third nanotechnology
manufacturing facility shall be commenced and concluded within an
eighteen-month period. In order to facilitate accomplishment of this
goal, construction is permitted at all times on all days of the week,
subject to the conditions which may be imposed by the Stillwater Department
of Building and Planning as set forth in Section 4.15(3) of the Supplemental
Statement of Findings dated December 18, 2008. This period of time
during which such extended construction hours may be employed may
be extended by the Stillwater Town Board by resolution for good cause
shown.
H.
Any application for site plan review hereunder shall contain a narrative
statement of compliance with: i) this local law; and ii) the project
conditions, mitigation measures and relevant impact thresholds which
may be applicable to the development as set forth in the findings
statement adopted in connection with the adoption of this local law.
If required, the applicant shall also complete a Luther Forest Technology
Campus special use permit/site plan application, together with all
required maps, studies, architectural renderings, building elevations
and attachments. An application for site plan review shall also be
subject to the representative values contained in the 2008 Industry
Requirements Report (Appendix E), as supplemented by the 2013 Industry
Requirements Report (Appendix H), the Final Supplemental Environmental
Impact Statement of Findings dated December 18, 2008 (Appendix E),
the Final Second Supplemental Statement of Findings dated September
19, 2013 (Appendix G), and the Third Supplemental Statement of Findings
dated October 29, 2015, incorporated herein by reference.
I.
Where a proposed site plan development presents issues regarding
impacts that were not addressed in the: i) GEIS; ii) Findings statement
dated June 14, 2004 (such as impacts from changed or unanticipated
circumstances); (iii) representative values contained in the 2008
Industry Requirements Report, as supplemented by the 2013 Industry
Requirements Report; iv) Findings statement of the SFEIS dated December
18, 2008; 5) the Second Supplemental Statement of Findings dated September
19, 2013; or 6) Third Supplemental Statement of Findings dated October
29, 2015, the Town Board or Planning Board may request further information
such as a full environmental assessment form or further explanations
to determine the significance of such potential impacts and whether
a supplemental EIS, limited to those new issues, may be required.
A.
The owner of the parcel may subdivide same for purposes of transfer of ownership or a security interest, upon subdivision review and approval from the Planning Board in accordance with subdivision provisions of the Stillwater Town Code. Subdivision within any development area will not require owners to comply with setbacks, frontage and greenspace areas so long as the requirements of § 211-176 herein are otherwise satisfied during the site plan approval process. The Town shall ensure adequate access and parking to all subdivided parcels.
B.
Subdivisions of lands within approved development areas may also contain lands outside of the development areas which are designated for open space or common use, provided that no use or development of those lands shall be permitted which is inconsistent with the buffer or green space designations and/or forestry management provisions or other prescriptions of this PDD, and that all requirements of Subsection A of this section are met with respect to all transferred land.
C.
This section does not apply to the incidental single-family residence uses within Area 10. Proposed subdivisions for residential uses within Area 10 will require such subdivision review and approvals as set forth in the Town of Malta Zoning and/or Subdivision regulations. Residential lots within Development Area 10 shall not have direct access to the industrial uses within other areas, nor shall such lands be included in the covenants and reciprocal access easements which will overlay industrial development lands in the other areas, nor shall the owners of such parcels be required to be members of the landowners' association described in § 211-182.
All entities owning or operating nanotechnology manufacturing facilities (whether an "anchor" facility in Development Area 1 or smaller facility located in any development area), and all businesses leasing, owning or occupying a net habitable area of 100,000 square feet or more, are required to pay a development fee with the Town of Stillwater. Each agreement shall provide for a payment of $0.25 per square foot for the fulfillment of the siting criteria and guiding principles set forth in § 211-162, above, and which shall identify the tangible benefit to the residents of the Town of Stillwater. The Town of Stillwater may direct payment received from the owner to any tangible benefit it deems appropriate. Tangible benefits to the Town mean benefits over and above those identified elsewhere in this local law needed to accommodate or mitigate impacts resulting directly from the construction of facilities. Such benefits shall be substantial and shall contribute to quality of life in the Town and Village of Stillwater. Pursuant to the terms and conditions of the Joint Community Benefit Development Agreement, executed by and between the Towns of Malta and Stillwater and the operator of the third technology manufacturing facility and bearing the date of September 19, 2013, the operator in Development Area 1 has fully satisfied all past and future obligations required within this section.
All development, use and occupancy of lands within the District
shall be within the thresholds, standards, conditions and limitations
set forth in Appendix E, the Findings Statement, dated June 14, 2004,
the 2008 Industry Requirements Report, as supplemented by the 2013
Industry Requirements Report, and the Findings Statement of the SFEIS
and SSFEIS, dated December 18, 2008, and September 19, 2013, respectively.
A.
Violations of the provisions set forth in this local law, including,
but not limited to, violations of the thresholds set forth in the
Findings Statement, may be enforced in either the Town Court of the
Town of Stillwater or in New York State Supreme Court, County of Saratoga.
Enforcement proceedings may be brought on by the State of New York
or the Town of Stillwater. The Supreme Court may issue an injunction
prohibiting violation of this local law, and/or an injunction prohibiting
further development or use of any single parcel or development area
within the District. Where the alleged violation concerns aspects
of the District common to the owners, such as the construction and/or
implementation of traffic mitigation measures or activities within
nondevelopment areas, the Supreme Court may issue an injunction prohibiting
further development anywhere within the District. Violation thresholds
shall also include those set forth in the 2013 Industry Requirements
Report and the Findings Statement of the SFEIS and the SSFEIS dated
December 18, 2008, and September 19, 2013, respectively.
B.
The Code Enforcement Officer of the Town of Stillwater may halt construction
in any single parcel or development area within the District. Where
the alleged violation concerns aspects of the District common to the
owners, the Code Enforcement Officer may recommend to the Town Board
that the demand be made against bond(s) or letter(s) of credit issued
by the landowners' association.
C.
The development and use restrictions contained within this local
law shall be interpreted broadly so as to bring about the intent of
this local law to protect the general public from negative environmental
consequences to the maximum extent reasonably practicable.
D.
In lieu of any fines otherwise provided by law, the sentencing court
shall impose the following fines for the following offenses of this
local law:
(1)
For a violation of provisions of this local law related to noise:
a fine from $500 to $1,000 per violation for the first violation;
from $1,000 to $2,000 per violation for the second violation within
18 months; and from $2,000 to $5,000 per violation for the third violation
within 18 months of a prior violation.
(2)
For a violation of provisions of this local law related to driving
a construction vehicle on Stillwater Town roads: $100 to $200 per
violation for the first violation within 18 months of a prior violation;
$500 to $1,000 per violation for the second violation within 18 months
of a prior violation; $1,000 to $2,000 per violation for the third
violation within 18 months of a prior violation.
E.
For a violation of provisions of this local law related to cutting
of trees: $100 to $200 per caliper inch at breast height, plus replanting
of cut trees.
As directed by the Town of Stillwater Planning Board, the developer
and the landowners' association shall file one or more bonds or letters
of credit with the Town Supervisor in the amounts and form acceptable
to the Town Engineer and Town Attorney to guarantee such performance
and/or completion of the requirements of this PDD, and/or a bond or
letter of credit for each discrete development or phase of development
made or to be made therein, prior to issuance of a building permit
for such development or phase of development. All such bonds and letters
of credit shall remain in place until the satisfactory completion
(including, but not limited to, issuance of a certificate of occupancy)
and maintenance for one year after completion of each such discrete
development or phase of development, including landscaping. Bonds
or letters of credit shall be required as per the Town Code or its
local laws of the Town of Stillwater in the amounts acceptable to
the Town Engineers and Town Attorney, and as customarily coordinated
by the Office of the Building Inspector - Code Enforcement Officer.
All such performance bonds or letters of credit shall, by their terms,
be enforceable in the local, state or federal courts in or encompassing
Saratoga County, New York.
Access and traffic circulation within the Campus shall be provided
by the following:
A.
Site access. The developer shall provide for a connection to the
campus from the Adirondack Northway (I-87) and US Route 9/NYS 67 with
a bypass road around the Village of Round Lake constructed in general
conformance with the plans set forth in Appendix A at Maps 4 and 5,
and secondarily to Cold Springs Road. The site access will connect
to the primary arterial boulevards as herein described. Phasing of
site access shall be governed by the traffic "Athresholds" and other
traffic-related findings.
B.
Primary arterial boulevards shall be the primary circulation roadways
within the Campus and shall connect the various approved development
areas. The boulevards shall be landscaped and shall provide a paved
side path, of similar design and construction to the existing Dunning
Street/Plains Road bike path, for pedestrian and bicycle circulation.
No development shall have frontage on the primary arterial boulevards
to enhance the vehicle capacity of these roadways and the aesthetics
of the overall Campus setting. There shall be a minimum one-hundred-foot-wide
undisturbed buffer from the edge of any road or path to any parking
or other construction within a development area.
C.
Local streets and service roads: to provide circulation within development
areas, as necessary, and connecting facilities and their related parking
areas.
Separate stormwater management plans compliant with New York
State Stormwater Management Design Manual shall be submitted for each
site. In addition to the requirements set forth in the design manual,
predevelopment infiltration into the lacustrine sands will be maintained
for each site. A stormwater pollution prevention plan will be developed
for each site as required by the State Pollutant Discharge Elimination
System regulations and subject to approval in form and content by
the Town of Stillwater Planning Board and New York State Department
of Environmental Conservation. A copy of the NYSDEC letter of acceptance
of the subject notice of intent shall be submitted to the Town prior
to commencing any construction.
Sanitary sewers will be provided throughout the Campus by connection
to the county sewer system. All sewer facilities shall be designed
and constructed in accordance with the standards of the Saratoga County
Sewer District No. 1. The owner and/or development entities shall
enter into agreement with the Saratoga County Sewer District No. 1
("Sewer District") providing for: 1) ownership and operation by an
entity other than the Sewer District subject to the direction of the
Sewer District with performance guarantee through a bond approved
in form by the Sewer District and the Town Attorney; or 2) ownership
by the Sewer District. No sanitary sewers shall operate as transportation
corporations under New York State Law. The Sewer District shall determine
what portion of these facilities are appropriate for public ownership.
The determining factor for acceptance of dedication shall be whether
such sewer facilities will provide service to only one, or potentially
multiple, specific user(s) or entities within the Campus.
A.
Water for the initial 300,000 square feet of development and for
the residential development will be provided by Saratoga Water Services,
Inc. As part of the site plan review process the water supply company
shall provide documentation from the appropriate state agencies indicating
that permitted capacity is available to serve the proposed development.
B.
Water beyond the initial development will be provided directly from
the Hudson River by means of a water main run from the river at a
point in the Town of Stillwater through the lands of the Town, county
or private owners to the Campus, in conformance with plans and descriptions
found in the Findings Statement and Master Plan. Alternatively, water
may be provided from any water delivery system owned and operated
by the County of Saratoga, the Saratoga County Water Authority, or
any entity formed by the County of Saratoga specifically and exclusively
to operate a water delivery system upon site plan approval by the
Town of Stillwater Planning Board.
C.
Upon construction and connection of either of the Hudson River treatment
plants, and the transmission main to the LFTC site, an emergency connection
to the Saratoga Water Services, Inc., water system infrastructure
shall be provided.
Measures shall be taken to protect against terrorism and to
secure all hazards in accordance with best available technology and
guidance of the accepted industry practices, including but not limited
to compliance with 6 CFR Part 27 of the U.S. Department of Homeland
Security regulations, NFPA 1600 and/or other law enforcement agencies.
Spill response plans, risk management plans and emergency response
plans shall be prepared and maintained as required by all local, state
and federal laws and regulations, including but not limited to: NYS
DEC regulations; U.S. OSHA regulations; U.S. EPA regulations; FHA
regulations; and NYS DOT regulations.
A.
All manufacturing facilities and other facilities required by local,
state or federal law shall prepare and file facility emergency response
and hazardous materials management plans with the County Emergency
Management Response Agency; the Stillwater Emergency Management and
Preparedness Committee; the Arvin Hart Fire Department; the Stillwater
Rescue Squad; and the Stillwater Town Police Department, prior to
the issuance of a certificate of occupancy, and shall keep filed plans
updated as directed by the same and as needed. Copies of such plans
shall be filed with the Town of Stillwater. There shall be a standing
fire, emergency and hazardous materials response brigade in place
for each nanotechnology manufacturing facility prior to a certificate
of occupancy being issued. The entity and the Town will collaborate
fully to ensure adequate training and preparation of those resources
to provide for the safety of emergency response personnel, the community,
and business interests.
B.
All manufacturing facilities and other facilities required by state
or federal law shall prepare and file facility security response plan
with the appropriate authorities prior to the issuance of a certificate
of occupancy, and shall keep plans updated as directed by the appropriate
authorities and as needed.
C.
Landowners shall cooperate with the Town in the siting of emergency
warning signs on the landowner's real property where deemed appropriate
by the Town.
The following guidelines shall apply, except that either the
Town Board or Planning Board may modify these guidelines with respect
to individual applications.
A.
Nanotechnology manufacturing and support facilities.
(1)
Pedestrian/public access building areas.
(a)
Building facades shall promote a blend of corporate identity
with the regional architectural influences.
(b)
Rooflines shall not be long flat planes.
(c)
Roof materials shall complement the facades in both color and
material.
(d)
Colors shall harmonize with the surrounding woods.
(e)
Styles using columns, arcades, divided glazed surfaces and pedestrian-scale
details are encouraged.
(f)
Large expanses of undivided reflective glass are discouraged.
(g)
Masonry, brick, stone, metal and cast stone are preferred primary
facade finishes.
(h)
The use of exterior insulation foam systems (EIFs) at pedestrian
contact levels is prohibited.
(i)
Long unbroken horizontal facades are discouraged and facades
that present a unified rhythm with numerous insets and broken planes
are preferred.
(j)
Up-lighting of facades is prohibited.
(k)
Architectural styles that blend the "Modern International Industry"
style building with the dominant regional historic vernacular styles
(i.e., by using colonial, greek revival, victorian or classical influences,
elements, building materials or finishes) are encouraged in "focal
point" areas of public view, where otherwise appropriate and functional.
(2)
Nonpublic/manufacturing and functional building areas.
(a)
Functional need and industrial standards for utilities, deliveries,
mechanical systems, and the like are recognized as requirements for
those nonpublic view portions of the building.
(b)
Guidelines for these areas are to be less restrictive and not
intended to interfere with needs of the business. However, items listed
below will be reviewed for adherence to the building's overall ability
to blend as best as possible to its surrounding setting.
(c)
Rooflines that are flat or slightly pitched are recognized as
industry standard.
(d)
Roof materials shall be selected so that roof colors are not
reflective and are in the earthtone ranges.
(e)
Building facade of concrete, masonry, steel, stone, or glass
are to be permitted. However, attempts to blend with surrounding buildings
and the environment are encouraged.
(f)
Building openings for overhead doors and loading areas shall
be screened from public areas whenever possible.
(g)
Utility service structures and support buildings shall be of
similar building style and design to their corresponding main structures.
(3)
Campus Center facilities. All buildings within the Campus Center
(Development Areas 2, 3, 6, 7, 9 and 18) shall have facades which
front toward the public streets or core pedestrian areas, shall be
constructed in such a manner as to promote pedestrian access to and
throughout the Campus Center, and shall be enhanced by traditional
architecture and appropriate landscaping.
(a)
Building facades shall be designed so that all sides of the
building shall have a unified appearance.
(b)
Rooflines shall be designed to promote interest and avoid long,
unbroken lines.
(c)
Entrances and building accents shall be enhanced through changes
in the roofline.
(d)
Building colors shall complement the entire campus core and
be in harmony with existing and proposed buildings within the Campus
Center; bold differences are discouraged.
(e)
The use of traditional building elements such as columns, arcades,
divided windows, architectural fenestration and pedestrian-scale details
are encouraged.
(f)
Designs that incorporate interpretations of local vernacular
styles are encouraged.
(g)
Masonry, brick, stone, and cast stone facades are preferred.
(h)
The use of extruded foam at pedestrian contact points is discouraged.
(i)
Buildings that incorporate interesting broken expanses along
the facade are encouraged.
(j)
Buildings shall not be higher than 75 feet.
(4)
Landscaping standards and guidelines. The following guidelines
shall apply to landscaping developed areas within the PDD:
(a)
Linkages to the parking, trails, walks, and drop-off points
shall be landscaped in a manner that promotes areas for gathering,
shade, plantings indigenous to the surroundings.
(b)
Plantings shall be primarily smaller deciduous trees, which
would reach a climax height of 30 feet to 50 feet.
(c)
New deciduous trees shall be augmented by flowerbeds of annuals
and perennials.
(d)
Trees, plants and other landscape materials shall be those which
are used typically through Saratoga County and have a specified hardiness
zone classification of 5 or greater (e.g., Zones 1 through 5), and
shall include a mixture of indigenous and adapted hybrid species.
(e)
Two hundred square feet of planting area shall be provided for
every 20 parking spaces within the parking area. The provided planting
area shall not be less than 5% of the total parking area and no more
than 7% of the total parking area. Plantings within the 200 square
feet shall consist of one deciduous tree with understory planting
of shrubs and/or perennials. The minimum width of a planting area
within the parking area shall be no less than 10 feet.
A minimum of 60% of the lands within the PDD shall be green
space. Minimum buffers and setbacks between all adjacent land uses
and zoning districts are identified on Appendix A- Map No. 2- PDD
Buffers and Setbacks. To ensure that the buffers, open space and environmentally
sensitive areas are adequately preserved during construction, buffer
limits and the means of construction protection shall be established
during the site plan review process, and shall include imposition
of protective measures, such as fences.
The owners may construct and maintain monument entrance, directional and informational signs, in addition to normal street signs, within the District. Individual facility owners within the District may use either or both monument signs or building signs to identify their premises, however in no instance shall the signs exceed 200 square feet. Signs may be illuminated, providing that such signs are consistent with the lighting standards in § 211-180 of this legislation and that, with the exception of common Campus entrance signs, signs shall not be visible from outside the campus. Additionally, building-mounted signs shall not be located higher than 35 feet above finished grade, to the top of the sign. Main Campus entrance signs and a wayfinding signage package shall be submitted and approved prior to the first certificate of occupancy being issued for the District.
Maximum building height shall be 110 feet above finished ground
level with all building rooftop appurtenances not to exceed 125 feet
above finished ground level within Development Area 1, and 75 feet
above finished ground level elsewhere within the PDD, including all
rooftop-mounted equipment. Those portions of the third nanotechnology
manufacturing facility with off-site visibility, such as upper portions
of the building and the stacks, shall be screened, fabricated and/or
painted with muted colors such as gray. No reflective material shall
be used on such visible portions of the building or stacks. Rooftop
lighting, if required, shall be minimized. Lighting fixtures shall
be downward facing and shielded. Nanotechnology manufacturing facilities
shall additionally have the following setback and buffer requirements:
A.
Buildings shall be set back within the development area a minimum
of 700 feet to 1,000 feet from primary arterial boulevards to provide
space for employee parking;
B.
An additional front yard setback of 100 feet to 200 feet for entryways
and landscaping shall be provided to screen parking;
C.
Side and rear yard buffers shall be a minimum of 100 feet to provide
room for landscaping and fencing; and
D.
Buildings shall be set back 500 feet to 1,000 feet from major roads
or primary arterial boulevards which may have the potential for vibration.
Parking shall be provided according to the following schedule
applicable to the various allowable uses. The parking schedule set
forth herein is the minimum standard; however, the Town of Stillwater
Planning Board may reduce the amount of parking spaces for a particular
use upon a showing by the applicant that the application of the minimum
parking schedule set forth above would create an excess number of
parking spaces beyond what is reasonably needed, and that reducing
required parking spaces would be environmentally beneficial (e.g.,
by reducing unneeded paving and impermeable surfaces, such as by construction
of multilevel parking structures). Parking garages are strongly encouraged.
A.
Nanotechnology manufacturing facilities: 0.8 parking space per employee
(minimum; per shift).
B.
Nanotechnology manufacturing support businesses: 0.8 parking space
per employee (minimum; per shift).
C.
Campus commercial: 1.0 parking space per 300 square feet net leaseable
floor area. This requirement may be waived if adequate street parking
or common parking lots are otherwise provided within the Campus Commons
area of Development Areas 6, 7, 8, and 11.
D.
Office: 1.0 parking space per 300 square feet net leaseable floor
area, or, alternatively, one space per employee, as determined at
site plan approval phase.
E.
Community uses and conference center: adequacy of parking not subject
to a particular standard; parking plans to be submitted and approved
at site plan approval phase.
Outdoor lighting shall be installed so as to minimize to the
greatest extent possible the lighting of the sky above the Campus.
No outdoor light shall be installed, modified or permitted to be used
which casts a beam of light above a plane horizontal with the earth,
other than temporary construction lighting. All outdoor lighting,
excluding temporary lighting, shall be consistent with the following
criteria:
A.
Proposed area lighting will employ predominantly high-pressure sodium
lighting, with the use of limited metal halide lighting as appropriate
in areas outside of public views.
B.
All lighting fixtures will be focused with full cutoffs installed
in a horizontal position to prevent upward reflection or glow to night
skies, and reduce the amount of light pollution beyond the edges of
illuminated areas.
C.
Lighting fixtures will be set at a height which will limit the amount
of light trespass and encourage the use of 250 watt high-pressure
sodium fixtures, and minimize the usage of higher wattages. Using
lower wattage fixtures at lower heights will help to distribute the
lighting more evenly and eliminate pockets of bright light. Lighting
fixtures shall be set back from the development site boundaries to
mitigate glare to surrounding properties.
D.
The light levels in parking and pedestrian areas shall be in accordance
with Illuminating Engineering Society of North America standards.
Parking areas shall have a minimum maintained level of 0.5 footcandle
with a uniformity ratio of four to one.
E.
Low-level lighting shall be used at each roadway and along boulevards
for safety and security. Light fixtures shall be selected to prevent
upward reflection or glow and prevent light trespass outside of road
rights-of-way.
F.
Security lighting at or near buildings will be lit down and inward
toward the building to mitigate outward glare and reflection. Flood
lighting shall be permitted only when no adequate substitute is available.
G.
Signs may be externally or internally lit. Externally lit signs will
have shielded fixtures to prevent glare and/or light trespass.
H.
Adjacent to residential properties, no direct light source will be
visible at the edge of the development area.
I.
All nonessential lighting must be extinguished after business hours.
J.
Lighting fixtures (luminaries) and bulbs will be selected to optimize
energy efficiency consistent with New York State energy plans.
Areas 12, 13, 14, 15, 17 and 19 may be logged under a forestry
management plan submitted to the New York State Department of Environmental
Conservation ("Department"), shall be subject to all instructions
of the Department, and shall be subject to approval of the Town of
Malta, except that clear-cutting shall not be permitted in any nondevelopment
area. Cutting of trees shall be permitted in Areas 16 and 18 only
to the extent necessary to permit recreational uses. Portions of the
District currently hold a Fisher Act tax exemption through a plan
which has been filed with the Department. Prior to applying to the
Town of Stillwater for site plan review for any property located within
the District, the owner must have taken all steps necessary to remove
Fisher Act classification (tax exempt status) for the development
area in which the property subject to site plan review is located,
and such classification must have been revoked. Immediately upon the
effective date of this legislation, no timber may be cut except in
strict conformance with the conditions set forth herein. The owner
and/or landowners' association shall bond for erroneous cutting, subject
to fines provided herein. The owner shall bear the expense of the
cost of a Town consultant with respect to such plans.
A.
If there is a single owner of the land within the District, he, she
or it shall be solely responsible for the management of common areas
(e.g., nondevelopment areas, roadways, paths). Should the ownership
of the District be in more than one person or entity, each owner shall
be a member of a landowners' association, the contractual terms (including
amendments) of which shall be approved by the Town Board of the Town
of Stillwater, and which terms shall provide for adequate security
and insurance for the District and for the development and maintenance
of common areas (henceforth "landowners' association"). No person
or entity may acquire real property within the District without becoming
a member of the landowners' association, and no person or entity may
conduct any business activity (including construction) without being
a member in good standing of the landowners' association. The landowners'
association's terms shall also provide for the posting of bonds in
amounts and forms approved by (and running in favor of) the Town,
together with the payment of costs, fees and expenses necessary to
provide adequate security and to develop and maintain common areas,
and that the Town of Stillwater and/or any member of the association
may enforce the terms of the association. Each member of the landowners'
association shall be jointly and severally responsible for the contractual
obligations of the association, and the Town of Stillwater may look
to any such member to fulfill the obligations of the association upon
the association's default. Prior to seeking any owner within the Campus
to pay for an obligation of the landowners' association, the Town
of Stillwater shall first give written notice of the obligation to
the landowners' association and its intent to seek payment from a
member thereof, and allow 60 days from the date of the letter. The
public shall have free and unrestricted access to all paths, trails
and walkways during daylight hours. Other language of this paragraph
notwithstanding, the association is not responsible for compliance
within Development Area 10.
B.
The owners may form a business improvement district encompassing the Campus (excluding Development Area 10 and including Area 18 at the option of the Towns of Malta and Stillwater) to provide for security for the District and for the development and maintenance of common areas. Upon the establishment of such a business improvement district, the Town Board may waive some or all of the provisions of Subsection A by resolution.
C.
A recreational master plan encompassing Area 16 and linkages to Areas
16 and 18 shall be completed prior to and as a condition for the issuance
of a certificate of occupancy for the 300,000 square feet of development
within the District, which recreational master plan shall be completed
with the assistance of the Office of Building Inspector - Code Enforcement
Officer.
The following measures will be taken to mitigate the negative
environmental impacts of the PDD, in addition to those set forth in
the Findings Statement.
A.
With respect to all mitigation or impact fees specifically set forth
herein, the amounts of said fees shall be adjusted for inflation annually
in accordance with the Consumer Price Index. Unless otherwise stated,
the mitigation requirements set forth in this local law shall be paid
by the owners. Failure to complete any required mitigation measure,
including the payment of any mitigation fee, shall be grounds for
the Code Enforcement Officer or a court of competent jurisdiction
to suspend and prohibit any further construction activity within the
District until such mitigation measure or payment has been made.
B.
Transportation.
(1)
Round Lake Bypass: in conformance with rendering of gateways
set forth as Appendix A, Drawing(s) 6, which bypass must be constructed
prior to the issuance of a certificate of occupancy for any buildings
within the Campus, except for residential development within Development
Area 10, and except for 300,000 square feet of new building construction
within Development Area 5.
(2)
Additional off-site traffic mitigation as presented in the Second
Supplemental Statement of Findings, dated September 19, 2013, at "I"
and the Second Supplement Final Environmental Impact Statement, dated
July 29, 2013, at Appendix N.
(3)
Thresholds: 600 trips or 500,000 square feet of occupied (i.e.,
nonmechanical) floor area per each development phase. A total of 2,400
trips or two million square feet of occupied floor area shall be permitted,
inclusive of the Luther Forest Campus and the NYSERDA STEP property.
The square footage calculations shall not include the square footage
contained within Development Area 1.
(4)
Should an access road be built into the District from a new
exit on Interstate 87, land belonging to individuals residing on Easy
Street in the Town of Malta could foreseeably be taken through the
eminent domain process. Although the owner of the District may purchase
one or more of these Easy Street properties on terms agreeable to
the parties, and although owners of Easy Street properties are guaranteed
by the New York State any Federal Constitutions and by statute just
compensation for any takings, the entity applying for site plan review
of Development Area 10 ("Developer") shall, as a condition for receiving
subdivision approval, offer to: 1) purchase the parcels of owners
of real property as of the date of this legislation identified by
Tax Map Nos. 240.-2-19.2, 240.-2-19.3 and 240.-2-19.4 for fair market
value, said value to be determined by an MAI appraisal obtained at
the expense of the developer; or 2) exchange with the individual owners
of said parcels their respective parcels for a house and property
located in Development Area 10 of equivalent market value, said values
to be determined by MAI appraisals obtained at the expense of the
developer. This offer must remain in effect for two years from the
date first extended.
C.
Electric power. At critical viewsheds electric transmission lines
will be single-pole, double-davit overhead lines and incorporate necessary
landscaping and screening. All distribution lines within the campus
associated with the project shall be underground. A mitigation fee
of $1,500,000 shall be paid to the Town of Malta as mitigation for
the visual and other impacts of the overhead transmission lines, to
be used for mitigation of other overhead utility lines within visual
proximity of the proposed transmission line. Payment of the mitigation
fee shall be made on or before commencement of construction of the
transmission line. The existing distribution line proximate to 84
Lumber on NYS Route 9 will be buried.
D.
Telecommunications. Cellular communications facilities are restricted to those maximum heights as set within § 211-178 and shall only be permitted as building-mounted structures.
E.
Quality of life. Owners shall have the responsibility of participating
in committees formed from time to time by the Town Board concerning
issues related to the Campus. A committee shall be formed by the Town
of Stillwater named the Luther Forest Technology Campus Community
Response Board, which shall advise the Town Board on issues related
to the Campus, the members of which shall be appointed by the Town
Board for one-year terms.
F.
Growth-inducing impacts.
(1)
Future planning studies: The Town of Stillwater intends to complete
Master Plan and zoning updates as well as a Townwide generic environmental
impact statement prior to completion of the first Fab in Development
Area 1. Throughout build-out of the Campus, the Town and Stillwater
Central School District will also undertake various other planning
studies, and periodically update the Town Master Plan and Zoning Ordinance
as the Town Board deems necessary. Each business/tenant locating within
the LFTC will contribute to a Town Planning fund which will be used
to complete the studies and implement the planning strategies necessary
to meet the Town's goals. Contributions will be due at the time of
site plan approval and will be in the amounts outlined below:
(a)
Nanotechnology manufacturing facility in Development Area 1:
$100,000 for each of the three anchor facilities in Development Area
1; and
(b)
Ancillary development within LFTC: $0.12 per square foot. The
term "ancillary development" includes only development outside of
Development Area 1. [See Statement of Findings, dated June 14, 2004,
at Section IIIA and M(5).]
(2)
Open space and recreation.
(a)
All easements obtained or retained by the owners for placement
or maintenance of water and/or sewer lines shall also contain an easement
for use as public pathways and trails, paved or unpaved. The form
and extent of use of these easements for public pathways and trails
shall be determined by the Town of Stillwater Planning Board during
site plan review, or by later requirement of the Stillwater Town Board
by resolution, on notice to the owner(s) of the affected easement(s)
and the landowners' association, at the expense of the owners. The
Town Board shall have the ability to waive this requirement when it
proves to be impracticable or undesirable, upon consultations with
the Town Parks and Recreation Department and the Town of Stillwater
Office of Building Inspector - Code Enforcement Officer.
(b)
To further minimize the impact of the Campus on the open space
and recreational facilities of Stillwater, an open space and recreation
fee of $0.69 per square foot shall be paid for all nonresidential
structures constructed and $1,000 per residential housing unit.[1] One-half of the sum shall be due and payable at the time
a building permit is issued and the balance of the sum shall be due
when a certificate of occupancy is obtained. It is further understood
that these open space and recreation fees reflect a credit for the
value of the 28 acres of land to be received from within the District.
Open space and recreation fees paid pursuant to this legislation shall
only be expended for open space and parkland acquisition and recreational
capital improvements or for debt service relating to said open space
and recreation capital improvements expenditures. The open space and
recreation fee collected should be expended within 10 years. All open
space and recreation fees shall be calculated by the Town of Stillwater
Office of Building Inspector - Code Enforcement Officer.
[1]
Note: Said fees are based on 2,004 dollars and shall be adjusted
for inflation pursuant to the Consumer Price Index.
G.
Health and safety.
(1)
To further minimize the potential impact of excessive air emissions
from traffic between the Campus and the Town, the owner or landowners'
association shall study (or cause to be studied), in conjunction with
the Town Planning Department, the feasibility of a shuttle system
between the Campus and downtown area of Stillwater. The system may
be designed and operated by the owners or a third party. The study
shall be completed prior to the issuance of a certificate of occupancy
of the first manufacturing facility within Development Area 1. The
study shall be updated prior to the issuance of a certificate of occupancy
of each additional manufacturing facility within Development Area
1, or as requested by the Town of Stillwater.
(2)
Independent environmental audits. The entity has an environmental
auditing policy that requires periodic third-party compliance auditing
of its operations, as described in the Industry Requirements Report,
and which may be reviewed and amended from time to time in the discretion
of the entity. The entity shall materially comply with its internal
environmental auditing policy and all future local, state and federal
laws or regulations requiring environmental auditing.
(3)
Noise.
(a)
The owner operator of each nanotechnology manufacturing facility
shall be required to perform and fund noise monitoring from the real
property line of any residential property at the following milestones
and frequencies:
(b)
The mitigation measures set forth in Section 3.14 of the Second
Supplemental Environmental Impact Statement of Findings, dated September
19, 2013, shall be incorporated into the design and construction of
the electrical service buildings (ESBs) for the third nanotechnology
manufacturing facility within Development Area 1.
H.
Emergency services. It is the Town's goal to maintain the involvement
of its citizens in fire and ambulance services, and to provide excellence
in meeting fire and health-related emergencies. Individual owners
and operators of nanotechnology manufacturing facilities shall prepare
written annual emergency preparedness plans. These plans shall identify
risks and disclose dangers and specify training and equipment needs.
These plans shall be prepared in consultation with the emergency services
providers in the Town of Stillwater and the Stillwater Emergency Management
and Preparedness Committee.
I.
Construction impacts.
(1)
Inspectors. The owners shall pay all costs associated with building
inspections, including the hiring and employment costs (including
fringe benefits and employers' tax contributions) of one or more full-
or part-time building inspectors whose responsibility shall be to
provide inspection services at the Campus. This cost shall be calculated
and billed on an hourly basis.
(2)
Engineering, expert and legal professional fees. Engineers',
experts' and attorneys' fees incurred by the Town of Stillwater in
connection with the inspection, monitoring and review of the development
and build out within the District shall be paid by the owner whose
property and/or application is serviced by those professionals. Owners
shall be required to fund an escrow account as determined and administered
by the Town of Stillwater Office of Building Inspector - Code Enforcement
Officer.
The Luther Forest Technology Campus Economic Development Corporation
or its successor(s)-in-interest substituted therefor shall construct
and maintain paved shared-use public pathways and trails within the
Campus at a minimum of 7.5 miles and as set forth on Exhibit A- Map
2. These trails shall be available to the public on a year-round basis
from dawn to dusk for all nonmotorized vehicular uses. The shared-use
public pathway and trails within the Campus shall be constructed to
the standards established by the Town of Stillwater Town Board. Said
trails shall be connected to the existing public trails within the
Town of Stillwater and in the Town of Malta, including the Zim Smith
Trail, with approval from the Town of Stillwater Town Board. All shared-use
public pathways shall be completed contemporaneously with said adjacent
roadway. A recreational trails master plan shall be developed for
the campus, including Areas 16 and 18. This master plan shall be developed
by the Town Board. This plan shall be approved by the Town Board prior
to the issuance of a certificate of occupancy for the first building
in Development Area 5. Said master plan shall provide that there will
be no hunting or trapping within Area 1. Additionally, one-half of
the trails within Development Area 16 shall be completed prior to
the issuance of a certificate of occupancy for the first building
in Development Area 5. The remaining trails within this area shall
be completed prior to the issuance of a certificate of occupancy for
the first nanotechnology manufacturing facility within Development
Area 1.
The following temporary facilities shall be allowed to service the needs of construction employees, following the issuance of a temporary construction site approval under § 211-164F(2) above, subject to the review and approval by the Planning Board for each such use:
Other provisions of the Code of the Town of Stillwater notwithstanding,
the Town of Stillwater may itself bring on an application to amend
this local law, as it may from time to time be amended, subject to
the provisions of the Code of the Town of Stillwater and New York
State's Town Law. Upon any application for amendment to this PDD,
the Town of Stillwater shall determine whether such changes are environmentally
significant so as to require the preparation of a supplemental EIS
according to the SEQRA standards at 6.[1]
[1]
Editor's Note: So in original.
This local law is hereby adopted pursuant to the provision of
§ 10 of the New York State Municipal Home Rule Law and § 10
of the New York State Statute of Local Governments, it being the intent
of the Town Board to supersede any and all contrary or inconsistent
state laws.
If any clause, sentence, paragraph, word, section or part of
this local law shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment, order and/or
decision shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation of the clause, sentence, paragraph,
worked section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
This local law shall take effect 10 days after being filed in
the office of the New York Secretary of State.
Section 4.11 of the Town of Stillwater Zoning Local Law shall
not apply to this PDD. However, in the event that construction of
the first nanotechnology manufacturing facility is not commenced in
Development Area 1 by January 1, 2010, then this PDD shall expire
and the zoning shall revert to the original zoning of the subject
lands.
All other language in this local law notwithstanding, the following
provisions shall apply only to Development Area 1. All nonconflicting
provisions of this local law, as amended, shall also control Development
Area 1.
A.
Definition. "Development Area 1" is defined as that section "1" in
Appendix A, Map 1, located within the Towns of Malta and Stillwater.
B.
Supplemental Statement of Findings. A Statement of Findings dated
June 14, 2004, is attached as Appendix C. It is supplemented by the
Final Supplemental Environmental Impact Statement of Findings dated
December 18, 2008, annexed hereto and incorporated by reference herein,
as Appendix E and by the Final Second Supplemental Environmental Impact
Statement of Findings dated September 19, 2013, annexed hereto and
incorporated by reference herein, as Appendix G. In the event there
is a conflict between the appendices, Appendix G (the Second Supplemental
Statement) shall control.
C.
Industry Requirements Report. Annexed hereto and incorporated herein
by reference as Appendix F is the AMD Industry Requirements Report
dated July 29, 2008. This replaces in its entirety the 2002 AGI report
which was included as Appendix C to the Draft Generic Environmental
Impact Statement the Campus with respect to Development Area 1. The
GlobalFoundries Industry Requirements Report dated January 2013 serves
to supplement the 2008 Industry Requirements Report.
D.
As between the Towns of Malta and Stillwater, the Town of Stillwater
will have primary responsibility for enforcing the provisions of this
local law with respect to activities occurring in, and facilities
located within, the Town of Stillwater. Similarly the Town of Malta
shall have responsibility for enforcing the provisions of its own
PDD legislation with respect to activities occurring in, and facilities
substantially located within, the Town of Malta.
Any person or entity against whom the terms of this PDD legislation
are enforceable hereby consents to the exclusive jurisdiction and
venue of the local, state and federal courts in or encompassing Saratoga
County, New York, with regard to enforcement or disputes arising out
of this legislation.
