New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 1223 3. 0001 Local Law Filing WWW dos.ny:gov Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. oCounty ° City Town oVillage tseeaj o„ e•.} of Montgomery Local Law No. 1 of the year 2014 A LOCAL LAW AMENDING THE ZONING LAW OF THE TOWN OF MONTGOMERY, ORANGE COUNTY, NEW YORK, TO CREATE A GAMING FACILITY OVERLAY ZONING DISTRICT AND TO ENACT REGULATIONS PERTAINING THERETO Be it enacted by the Town Board of the Town of Montgomery as follows: See attached. If additional space is needed, attach pages the same size as this sheet, and number each.) SECTION 1. AUTHORITY This Local Law is enacted pursuant to the authority of Municipal Home Rule Law Section 10, the Town Law, and in accordance with the Zoning Law of the Town of Montgomery, New York —Section 150 entitled " Procedure for Amendment:" SECTION 2. PURPOSE AND FINDINGS It is the intent of the Town Board of the Town of Montgomery, as part of its general power to protect the public health, safety and welfare of the citizens of the Town, to develop a local zoning and regulatory system for the location and, to the extent permitted by New York law, the operation ofgaming facilities in the Town. A gaming facility is a facility awarded a gaming license by the State of New York, which includes a gaming area and which also may generally include hotels, restaurants, and other indoor and/ or outdoor recreational facilities. The Town Board acknowledges that pursuant to amendment of the New York State Constitution, the Upstate New York Gaming and Economic Development Act was adopted (see Article 13 of the New York Racing, Pari- Mutuel Wagering and Breeding Law). The State of New York has evidenced its intent to allow and promote gaming facilities in the State of New York, including the Catskill/Hudson Valley Region. The Town of Montgomery is located in the Catskill/Hudson Valley Region. The Town Board further acknowledges the potential economic benefits generated by the operation of a gaming facility in the Town, including increased real property tax benefits to municipal, county, and school district budgets, the sharing of taxes imposed by the State of New York upon such gaming facilities, plus additional opportunities through specific host community benefits. There is also potential job creation, tourism, and secondary economic benefits for the community and its businesses. However, the Town Board finds that the potential economic benefits, both primary and secondary, potential job creation, and tourism generated by such a gaming facility must be balanced with, and considered in light of, the appropriate location and regulation of such a facility to promote and protect the general health, safety and welfare of the citizens of the Town of Montgomery. This Local Law also assures that a complete environmental impact review will be undertaken on any proposed gaming facility that is fully protective of the environment. The existing zoning law of the Town of Montgomery does not pettttit the location and operation of resort destination facilities within the Town. In order to permit resort destination facilities, it is necessary to amend the Town Zoning law. It is the intent of the Town Board by this legislation to create a gaming facility overlay zoning district that allows for the consideration of the subject overlay district area as a gaming facility location, consistent with applicable and necessary environmental impact review and standards set forth herein. The district overlay creates an additional use allowed in the overlay district area subject to special exception use permit and site plan review, and does not otherwise amend or alter the existing uses allowable in the current underlying zoning districts. SECTION 3. The Zoning Law of the Town of Montgomery is hereby amended as follows: 1. Section 30-20 is amended to include the following definition: GAMING FACILITY: A facility defined pursuant to Section 1301( 23) of the New York Racing, Pari-Mutuel Wagering and Breeding Law. GAMING FACILITY INDOOR COMMERCIAL RECREATIONAL USE: Recreational activities related to the gaming area and located on the gaming facility premises, and conducted entirely within a building, including tourism facilities operated on a commercial or fee basis. An indoor recreation use may include food service facilities, hotels and resort lodges, health spas, conference centers, meeting rooms, theaters, retail sales and other accessory uses clearly incidental to recreational activity. Indoor commercial recreational use may include the premises approved under a gaming license issued by the New York State Gaming Commission which includes a gaming area and any other nongaming structure related to the gaming area and may include, but shall not be limited to, hotels, restaurants, or other amenities. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an indoor commercial recreational use. GAMING FACILITY OUTDOOR COMMERCIAL RECREATIONAL USE: Recreational activities related to the gaming area and located on the gaming facility premises, and conducted outside of a building, operated on a commercial or fee basis. An outdoor recreational use may include accessory uses and buildings, such as a clubhouse, food stands, offices, and other accessory structures incidental to the outdoor recreational activity. Golf courses are regulated as a separate use. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an outdoor commercial recreational use. GAMING FACILITY CULTURAL AND PERFORMING ARTS CENTER: An indoor or outdoor facility related to the gaming area and located on the gaming facility premises, and used for the live performance of dance, drama, music, or similar artistic performances, including but not limited to pavilions, concert halls and other musical and performing arts performance areas together with administrative, food service, interpretive and learning centers and museums, seating facilities together with various other accessory uses to accommodate performing arts patrons. Instructional courses in the performing arts are allowed accessory to an arts center. This definition does not include facilities principally used to display movies or other non -live performances. Nothing herein shall be construed to permit adult entertainment uses in conjunction with a cultural and performing arts center. GAMING FACILITY RESORT DEVELOPMENT: A facility which includes a gaming facility, and which may also include gaming facility indoor commercial recreational uses, gaming facility outdoor commercial recreational uses, and/ or a gaming facility cultural and performing arts center. 2. Section 50- 10- 40 is amended to include the Gaming Facility Overlay ( GO) zoning district. 2 3. Section 70 is amended to include the following district for gaming facility resort development: Gaming Facility Overlay ( GO). The Gaming Facility Overlay zoning district encompasses properties primarily adjacent to Interstate 84, with access to New York State Route 17K and New York State Route 747, located within the Interchange Business ( 1B) and the Industrial Park —Major Access ( 1- 2) Zoning Districts in the Town of Montgomery. 4. The Zoning Map of the Town of Montgomery, made part of the Zoning Law of the Code of the Town of Montgomery pursuant to Section 50-20- 10 is hereby amended to create a Gaming Facility Overlay ( GO) Zoning District situated generally within the area bounded by Interstate 84, New York State Route 17K, New York State Route 747, and Maple Avenue, and specifically including the following properties: Tax Map Section 31 Block 1 Lot 75. 2 Tax Map Section 31 Block 1 Lot 74.2 Tax Map Section 31 Block 1 Lot 54.211 Tax Map Section 31 Block 1 Lot 94 Tax Map Section 31 Block 1 Lot 95 Tax Map Section 31 Block 1 Lot 58 Tax Map Section 31 Block 1 Lot 65.22 Tax Map Section 31 Block 1 Lot 64 Tax Map Section 31 Block 1 Lot 89 Tax Map Section 31 Block 1 Lot 70.2 5. The Business and Industrial Districts — Table of Use Regulations, made part of the Zoning Law of the Town of Montgomery pursuant to Section 70- 10 is hereby amended to include the following table for the Gaming Facility Overlay (GO) district: SEE FOLLOWING PAGE] 3 KEY: P= Permitted Use, SE= Special Exception Use, SP= Permitted t'se Requiring Site Plan Approval. Al) other uses are prohibited. GO — Gaming Facility Overlay Use Classifications 30, Gaming Facility SE - TB) Resort SP Development' PB) 6. The Business and Industrial Districts -- Table of Dimensional Regulations, made part of the Zoning Law of the Town of Montgomery pursuant to Section 70-20 is hereby amended to include the following table for the Gaming Facility Overlay ( GO) district: SEE FOLLOWING PAGE] GO - Gaming Facility Overlay 1. Lot area. minimum sq,, ft. 200 acres 2. Lotarea, minimum per dwelling sq. ft. 3. Lot coverage - ^, 1u of total lot area occupied by main and accessory buildings 4 Lot width, minimum at bldg. lite - feet 5. Height, maximum - ft. 6, Yards, minimum -- ft. Front (see also §+'90- 40- 70) Side - any one Side - total for both on interior lot Side - abutting side street on corner lot. Rear To be determined by Town Board during special exception use permit review in accordance with 5 70. 100 -SO 4 7.7. AA newnew SectionSection 70-70-