Montgomery Town City Zoning Code
§ 235-7.13
Gaming facility resort development.
A.
Intent. It is the intent of these gaming facility resort development regulations to provide flexible land use and design through the use of criteria on designated areas of land to allow development of self-contained and integrated development, with primary access to one or more state highways, in a setting of natural features and suitable topography, with primary focus on gaming facility resort development consisting of short-term transient visitor accommodations associated with a range of developed on-site indoor and/or outdoor recreational facilities.
B.
Objectives. In order to carry out the intent of this section, a gaming facility resort development shall achieve the following objectives:
(1)
Recognize and promote the scenic quality and natural features that are desirable for a wide range of commercial recreational uses.
(2)
Advance the Town's Economic Development Plan by encouraging uses that will help bolster Town businesses helping them to grow and prosper, and located to take advantage of the Interstate 84, NYS Route 17K, and NYS Route 747 interchanges.
(3)
Allow flexibility in the range of uses consistent with the gaming facility overlay regulations to encourage economic diversity and tourism consistent with the theme or concept for the approved resort development plan.
C.
Approvals required. Whenever any gaming facility resort development is proposed, and before any permits for the erection of a permanent or temporary structure in such development shall be granted and before any subdivision plat or part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and obtain a special permit use permit from the Town Board, subdivision approval, if necessary, from the Planning Board, and site plan approval from the Planning Board. Compliance with the State Environmental Quality Review Act is required in connection with review and action on any application for such special permit use permit, application for site plan approval, and, if necessary, application for subdivision approval. In addition, the developer shall have obtained a license from the New York Gaming Facility Siting Board for the gaming facility component of the resort development prior to issuance of any such building or grading permits.
D.
Special permit use permit standards. An application for a gaming facility resort development must meet the standards set forth in §§ 235-7.7 and 235-15.4 of this chapter and the general and specific design standards set forth below. To the extent that there are any conflicts between requirements, the provisions of this section shall control.
E.
Planning Board review. Upon receipt of a special permit use permit application for a gaming facility resort development, the Town Board shall refer the application to the Planning Board for its review and comment. The Planning Board shall report to the Town Board during the course of the Town Board's review of the special permit use permit application. The Planning Board's final report will be due within 60 days of the Town Board referral. Should the Planning Board fail to provide a final report within the time to do so, the Town Board may take action on the special permit use permit application.
F.
General design standards for gaming facility resort developments. A gaming facility resort development application for special permit use permit is subject to approval by the Town Board. An applicant applying for a special permit use permit shall meet the following general design standards:
(1)
Location of resort developments. Gaming facility resort developments are allowed only in the Gaming Overlay Zoning District.
(2)
Minimum area. The minimum area necessary to qualify for a gaming facility resort development shall not be less than 200 contiguous acres, excluding wetlands or steep slopes.
(3)
Ownership. The tract of land proposed for gaming facility resort development may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the gaming facility resort development application. In the case of multiple ownership, a plan once approved shall be binding on all owners, their successors and assigns.
(4)
Utilities. Gaming facility resort developments shall be served by adequate water supply and sewage treatment systems. Such systems shall be constructed in accordance with New York State standards and specifications, and additional standards adopted by the Town, if any.
(5)
Specially permitted uses. The following uses are permitted within a gaming facility resort development upon issuance of a special permit use permit by the Town Board, and subject to site plan review by the Planning Board:
(b)
Gaming facility indoor commercial recreational use. Gaming facility indoor commercial recreational uses as defined in § 235-3.2 of this chapter.
(c)
Gaming facility outdoor commercial recreational use. Gaming facility outdoor commercial recreational uses as defined in § 235-3.2 of this chapter.
(d)
Gaming facility cultural and performing arts center. Gaming facility cultural and performing arts center as defined in § 235-3.2 of this chapter.
(e)
Accessory commercial, service and nonresidential uses. Accessory commercial, service and other nonresidential uses shall be required in a gaming facility resort development in accordance with the provisions below.
(f)
A gaming facility resort development may include a mix of the above uses, which shall be located on a single lot or lots which shall be combined into one parcel.
(g)
A gaming facility resort development must provide primary access to a state highway.
G.
Gaming facility resort development application procedure and approval process. The gaming facility resort development application procedure and approval process shall consist of the following steps:
(1)
Special permit use permit application with accompanying land development plan, requiring Planning Board review and Town Board review and approval.
(2)
Site plan and/or subdivision plan submission requiring Planning Board review and approval.
(3)
The above steps may proceed concurrently, provided that the Planning Board shall not issue any approval prior to the Town Board's issuance of a resort development special permit use permit.
H.
Application for gaming facility resort development special permit use permit.
(1)
An applicant shall submit to the Town Clerk an original plus 12 copies of a signed application complying with § 235-7.13H(2) and (3), together with filing fee and escrow requirements to be established by the Town Board.
(2)
Contents of the special permit use permit application. A gaming facility resort development in the GO District shall fully comply with the State Environmental Quality Review Act, including the preparation of an environmental impact statement as may be determined by the lead agency. In addition to any documentation relative to an evaluation of the application pursuant to the State Environmental Quality Review Act, the special permit use permit application shall consist of the following items:
(a)
A land development plan. The land development plan shall be approximately to scale, though it need not be so precise as to consist of finished engineering drawings. It shall include the following:
(b)
A general statement as to how open space is to be owned and maintained.
(c)
A proposed time schedule for development and, if staged, a general indication of how staging is to proceed.
(d)
Traffic impact study, identifying the potential impact of traffic generated by the proposed development on the regional roadway network.
(e)
Community services study, identifying the capacity of community services and facilities, the anticipated demand placed on such services and the potential expansion or introduction of services that may be required to service the development.
(f)
Fiscal impact study, identifying community facility, infrastructure and other associated costs required to service the development and its impact on the Town and applicable service districts. Said study shall analyze the fiscal impact at each stage of the development.
(g)
Drainage study, analyzing preconstruction and post-construction stormwater runoff conditions. The drainage study shall demonstrate compliance with all state and local stormwater permit standards.
(h)
An explanation of the character of the resort development, including a visual rendering from any residential area located within 500 feet of the development site.
(i)
Evidence that the proposal is compatible with the goals of the Town's Economic Development Plan.
(j)
A market feasibility study and other possible study techniques demonstrating the short- and long-term demand for the principal proposed uses within the proposed site.
(k)
The present ownership of all lands included within the gaming facility resort development.
(l)
A study of impact upon current emergency services, including but not limited to police, fire, EMS, and ambulance, from the operation of the gaming facility resort development, and the need to expand and/or upgrade such emergency services to adequately meet the needs of such gaming facility resort development, and further to assess emergency access to and within the subject facility.
(3)
Evidence of the applicant's financial ability to carry out the project and a description of previous experience with projects of a similar scale and magnitude.
(4)
Specific design standards of the special permit use permit. Unless a parameter within the sole jurisdiction of the Town is waived by the Town Board, the application shall demonstrate compliance with the following additional design standards:
(a)
Lot area and yard requirements. The applicant shall submit layouts and design standards for minimum lot size, frontage, yard requirements and other bulk standards at the time of special permit use permit application.
(b)
Natural features. Existing natural features, such as streams, rock outcrops, topsoil, trees, shrubs, stone walls and wetlands, shall be preserved and incorporated in the landscaping of the development to the extent practicable.
(c)
Street design. The arrangement, character, extent, width, grade and location of all streets on the project site shall be considered in relation to existing and planned public streets, topography and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said streets; said streets on the project site shall remain private and shall otherwise conform to all other street and road requirements of the Town as set forth in § 235-7.8 of this chapter.
(d)
Access. The resort development shall provide its principal access to a state highway.
(e)
Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special permit use. The location and arrangement of structures shall not be detrimental to existing adjacent development or to the existing or prospective development of the Town.
(f)
Boundary setbacks, buffer areas and transitional uses. Buffer areas shall be provided along the periphery of development sites consistent with the requirements of § 235-11.9 (Performance buffering). Buffers shall be provided along the periphery of the gaming facility resort development, and between any component uses of the development that are located on lots which may be conveyed or owned separately from adjacent lots.
[Amended 11-3-2022 by L.L. No. 13-2022]
(g)
Off-street parking and loading requirements. Sufficient and adequately designed off-street parking spaces and loading areas shall be provided, and the internal circulation system shall be adequate to provide safe accessibility within the site. Parking shall also be provided for use by the residents of the Town as determined by the Town Board.
(h)
For gaming facility resort developments, the percentage of lot coverage shall mean the area of the site covered by principal and accessory buildings and structures, and shall not include parking areas, walkways or other areas that are improved with permeable pavement, pavers or other permeable or pervious surfaces.
(i)
Underground utilities. To improve the quality of the environment and to reduce inconvenience during bad weather, where possible, utilities, including electric and cable, shall be installed underground within the gaming facility resort development.
(j)
Utilities and drainage facilities. Utilities and drainage facilities shall be designed in accordance with New York State and local requirements and industry standards and best management practices and planned, installed and operated in a manner acceptable to the Town Board.
(k)
Permanent open space. Open space shall be provided and permanently protected in an amount, location and manner as determined by the Town Board.
(l)
For purposes of gaming facility resort developments, the restriction on maximum building height shall mean the vertical distance, measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street, to the highest point of such structure. In no case shall the building height of any structure in a gaming facility resort development exceed 210 feet.
(m)
The provisions of § 235-15.4C(28)(a) through (d) of this chapter regarding restrictions on hotels and motels shall not apply to hotels within a gaming facility resort development. The provisions of § 235-15.4C(28)(e) of this chapter shall apply to hotels within a gaming facility resort development.
(n)
Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the subdivision regulations. However, where a conflict exists between the development standards contained in this section and any of the above, this section shall govern.
(o)
The provisions of § 235-9.1H of this chapter regarding recreation center devices shall not apply to a gaming facility resort development in the GO Zoning District; however, the addition of any recreation center devices to an existing gaming facility resort development shall require amendment to the special permit use permit and site plan.
I.
Public hearing. The Town Board shall hold a public hearing within 45 days from the day the special permit use permit application is deemed complete. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date of the hearing. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Planning Board, then to the extent practicable, a joint hearing shall be held by both boards on all related pending applications. Any notice for a joint public hearing must satisfy the minimum requirements of the relevant applicable notice provisions for site plan and/or subdivision applications.
J.
County planning review. At least 30 days before the public hearing, the Town Board shall mail notices thereof to the Orange County Planning Department as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement describing and including the special permit use permit application. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Planning Board, then to the extent practicable, a joint referral shall be made for all related pending applications.
K.
Decisionmaking.
(1)
No special permit use permit may be granted in the absence of a license issued by the NYS Gaming Commission, although a conditional final approval may be granted conditioned upon the receipt of such license. The Town Board shall render its decision on the special permit use permit within 62 days after the close of the public hearing. The failure to act within such sixty-two-day period shall not result in a default approval. The time within which the Town Board must render its decision may be extended by the consent of the applicant. The decision of the Town Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
(2)
Community appearance and architectural review. The gaming facility resort development shall become subject to community appearance and architectural review upon application for site plan and/or subdivision approval; and the entire plan, showing such detail as shall enable the Planning Board to review said plan, shall be submitted simultaneously with the site and/or subdivision plan application.
(3)
If the applicant has filed concurrent applications for site plan and/or subdivision approval with the Planning Board, and in the event of a joint public hearing has been held and closed by the Town Board and Planning Board pursuant to § 235-7.13G(3) hereof, the Planning Board shall render its decisions on the related applications pending before it within 62 days following the Town Board's decision on the special permit use permit. The failure to act within such sixty-two-day period shall not result in a default approval. The time within which the Planning Board must render its decision may be extended by the consent of the applicant.
(4)
No building permit for the construction of any permanent or temporary structure shall be issued by the Town until i) the New York Gaming Facility Siting Board has issued a license for the gaming facility component of the resort development; ii) compliance with the State Environmental Quality Review Act has been completed; iii) the Town Board has completed its review and approved a special permit use permit; and iv) the Planning Board has completed its review and issued site plan approval and, if necessary, subdivision approval.
L.
Conditions. The Town Board, at its discretion, may attach any reasonable conditions on an approved gaming facility resort development special permit use permit as necessary to assure conformance of the gaming facility resort development with the intent and objectives of these regulations, and other applicable state and local requirements including a host community benefits package and related agreements. Any special permit use permit issued by the Town Board hereunder is expressly conditioned upon site plan review by the Planning Board and, if necessary, subdivision review by the Planning Board.
M.
Special permit use permit approval shall expire if construction has not commenced within two years after the date of the special permit use permit approval.
N.
Requests for changes to the special permit use permit. If in the course of detailed site development and/or subdivision review it becomes apparent that certain elements which have been approved by the Town Board are not feasible, or are materially inconsistent with the proposed site plan or amendment thereto, the Planning Board shall refer said changes to the Town Board for its review. The Town Board shall determine whether said improvements are minor and are generally consistent with the approved special permit use permit or whether said improvements are major and require reapproval of the special permit use permit. Said determination shall be made by resolution of the Town Board within 30 days after referral by the Planning Board. If the Town Board determines that such changes are minor, no further Town Board action shall be required.
O.
Financial responsibility. No building permit shall be issued for construction of a resort development until the required improvements are installed or performance bonds or other financial guarantees and/or sureties as required by the Town Board are posted in a form acceptable to the Town Attorney in accordance with the procedures specified in § 274-a of the Town Law for site plans and § 277 of the Town Law relating to subdivisions.