[Adopted 4-22-1971 by L.L. No. 3-1971]
The local law of the Town of Halfmoon entitled
"Local Law Relating to Zoning for the Town of Halfmoon"[1] be and hereby is amended as follows: The Zoning Map is
amended so as to create and define the boundaries of a large-scale
planned district which shall be designated R-P (Residential Development)
and C-P (Commercial Development), all as is shown on the map which
accompanies and with all explanatory matter thereon is hereby made
a part of this local law.
Such large-scale planned district shall be known
and described as "Large-Scale Planned District No. 1," Town of Halfmoon.
There shall be constructed within the area of
said Large-Scale Planned District No. 1 the improvements set forth
on a sketch plan heretofore approved by and on file with the Planning
Board of the Town of Halfmoon and labeled "Interstate Plaza Apartment
and Shopping Complex, Town of Halfmoon, Saratoga County, New York,"
dated February 8, 1971, and made by G. Alan Cruickshank, Professional
Land Surveyor, and setting forth, in general, a proposed land use
of shopping center, professional building and apartment units.
A.
Before any construction of Large-Scale Planned District
No. 1 is commenced (excepting grading) or any building permit is issued
therefor, final plans and specifications shall be submitted to and
approved by the Planning Board of the Town of Halfmoon and filed with
the Town Clerk. The Planning Board may provide for and require such
performance bond or bonds as it may deem desirable.
B.
Private sewage and water systems must and shall be
connected to public or municipal facilities when available. The developer
may not proceed prior to approval by the New York State Department
of Health and the New York State Department on Environmental Conservation
relating to water supply and sewage treatment facilities.
If construction work on the proposed development
is not begun within 24 months of approval by the Planning Board of
the Town of Halfmoon of any plans and specifications for any of the
work or if all of the construction work for the entire Large-Scale
Planned District No. 1 is not completed within five years of such
approval by such Planning Board, approval of the application shall
become null and void and all rights thereunder shall lapse and the
land shall be deemed subject to the same regulations and restrictions
as were effective before such approval, unless the Town Board for
good cause authorizes an extension of either period. Such extension
may be authorized without a public hearing.
[Added 4-2-1991 by L.L. No. 1-1991]
A.
The local law of the Town of Halfmoon entitled "Local
Law Relating to Zoning of the Town of Halfmoon" and the previously
adopted local law numbered 3 of 1971, entitled "Large Scale Plan District
No. 1," referring to the Mohawk Planned Development District, shall
be and hereby are amended to add 48 new units, two buildings, all
as shown on the map therefor and the description of lands of Gene
Hoffman, made by Charles Hartnett, dated February 9, 1991, a copy
of which is annexed hereto.[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
B.
There shall be constructed within the amended Large
Scale Plan District No. 1, Mohawk Terrace, the improvements set forth
on the application, being two buildings containing 48 new apartment
units.
C.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and in strict compliance with the New York State Building Code. The
Planning Board shall not give approval as referred to in said local
law relating to zoning, Section 1002, paragraph 8,[2] unless and until all approvals required by each and every
other government or governmental entity have been obtained. The architect
performing the work herein described shall be employed by and at the
expense of the developer. All construction during performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer of the Town of Halfmoon. All roads and/or
streets to be constructed within the project limits pursuant to this
local law shall be constructed pursuant to specifications at the time
in effect for the construction of Town highways in the Town of Halfmoon.
Any private water system must and shall be connected to public or
municipal facilities when available.
D.
Upon satisfactory completion in accordance with the
requirements of the appropriate state agencies, all water distribution
facilities, including mains, valves, fittings, hydrants and that portion
of the service connection which lies within the limits of the dedicated
roadways, shall be offered to the Town of Halfmoon with delivery to
the Town of Halfmoon of duly executed deeds, easements and bills of
sale as appropriate at no cost to the Town of Halfmoon.
E.
For those portions of the water distribution system,
including mains, valves, fittings, hydrants, which lie outside the
limits of dedicated highways, easements for the maintenance, repair
and replacement of the system shall be conveyed to the Town of Halfmoon
at no cost to the Town of Halfmoon.
F.
Upon satisfactory completion and connection in accordance
with the requirements of the appropriate state agencies, all sewage
facilities, including mains, manholes and pumping stations, shall
be offered to Saratoga County Sewer District No. 1 at no cost to said
district with delivery to said Saratoga County Sewer District No.
1 of duly executed deeds, easements and bills of sale as appropriate,
together with easements for the maintenance, repair and replacement
of all those portions of the system which lie outside the limits of
the dedicated streets. Parcels of land for pumping station and access
thereto shall be offered in fee to said district with delivery to
said district of a duly executed deed or deeds, at no cost to said
district.
G.
Upon satisfactory completion in accordance with the
approved drawings, all stormwater management facilities within the
limits of dedicated streets shall be offered to the Town of Halfmoon
with duly executed deeds, easements and bills of sale as appropriate
at no cost to the Town of Halfmoon.
H.
For all those portions of the stormwater management
facilities, including pipes, catch basins, manholes and retention
areas, which lie outside the limits of dedicated streets easements
for the maintenance, repair and replacement of the system shall be
conveyed to the Town of Halfmoon at no cost to the Town of Halfmoon.
I.
This amendment shall be deemed automatically revoked
and void and the previous regulations and laws shall obtain, if within
one year from the approval of the Planning Board of the Town of Halfmoon
for the construction of the project commencement of the construction
of the planned development district has not begun or if after construction
has begun unless substantial progress continues without undue interruption
thereafter. As to the development within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of the amendment and, as to said area and building or buildings,
this amending local law shall continue in full force and effect and
the area zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law. For proper cause shown, the Town Board of the Town of Halfmoon
may, upon such terms and conditions as it deems proper, extend either
the six-month period or the eight-year period, or both, and/or may
waive the interruption. Any such extension of time or waiver may be
made by the Town Board without a public hearing.
[Added 9-3-1996 by L.L. No. 5-1996]
A.
This local law shall be known and may be cited as
Local Law No. 5 of 1996, a local law amending Local Law No. 5 of 1995
of the Town of Halfmoon entitled "Local Law Relating to Zoning for
the Town of Halfmoon," as previously amended and supplemented by the
local laws and an ordinance relating to zoning of the Town of Halfmoon,
and further amending Local Law No. 3 of 1971, providing for the creating
of a planned development district known as Mohawk Terrace Planned
Development District, and Local Law No. 1 of 1991 amending same.
B.
Establishment of district. Local Law No. 5 of 1995
of the Town of Halfmoon, entitled "Local Law Relating to Zoning for
the Town of Halfmoon," and the Zoning Map of the Town of Halfmoon,
as set forth and enacted in Local Law No. 5 of 1995 and Local Law
No. 3 of 1971 and Local Law No. 1 of 1991, be and the same hereby
are amended by modifying the provisions applicable to the residential
planned development district known and described as "Mohawk Terrace
Planned Development District," which was created by said Local Law
No. 1 of 1991.
C.
Boundaries.[1] The area of said Mohawk Terrace Planned Development District
is bounded and described as set forth in Exhibit A attached hereto
and made a part hereof and as shown on a certain amended site plan
map thereof, prepared by Ivan Zdrahal Associates, P.E., dated July
16, 1996, entitled "Preliminary Development Plan Proposed Mohawk Terrace
PDD Amendment."
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
Development. There shall be developed within the area
of said amended Mohawk Terrace Planned Development District a total
of an addition of 30 units to the existing 230 for a total of 260,
within an addition of 3.7+/- acres for a total PDD of 24.3 acres,
with ancillary structures, facilities, roads or streets as follows:
(1)
Off-street parking will be provided with a minimum
of two spaces per unit.
(2)
Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed.
(3)
Potable water for the district shall be provided by
the existing connection with the Town of Halfmoon Water Supply Area
at the applicant's sole cost. Approval of the water distribution system
shall be obtained by the applicant from the Town of Halfmoon and the
New York State Department of Health.
(4)
Wastewater disposal will be provided by connection
to the Saratoga County Sewer District No. 1. Plans for the collection
system must be approved by Saratoga County Sewer District No. 1 and
the New York State Department of Health. The cost of such connection
shall be borne by the applicant.
(5)
A stormwater management system will be installed to
minimize the impact of the project on adjacent and downstream properties
and shall meet applicable New York State Department of Environmental
Conservation and Town of Halfmoon standards and shall be, at the sole
option of the Town of Halfmoon, dedicated to the Town, with appropriate
title insurance, as-built maps, etc., as acceptable to the Town Attorney.
(6)
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
land uses.
E.
Construction regulations.
(1)
Before construction of the amended Mohawk Terrace
Planned Development District is started or any building permit is
issued relative thereto, final side plans and specifications, sufficient
for the site plan review and engineering analysis, shall be submitted
to and approved by the Planning Board of the Town of Halfmoon and
filed with the Town Clerk of the Town of Halfmoon, and said approval
is a condition precedent to any construction.
(2)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3)
The exact location, number and size of buildings,
parking areas, green space, sidewalks, interim roads and other related
matters may be changed, altered or amended during the Town of Halfmoon
Planning Board site plan review process in a manner generally consistent
with the preliminary plan and this local law.
(4)
During construction of the Mohawk Terrace Planned
Development District, there shall be constructed, as set forth in
general conformity with the preliminary plans, as a part of the plans
and specifications to be approved by the Planning Board of the Town
of Halfmoon, parking areas and access drives providing sufficient
parking and access for all buildings per Town specifications.
F.
Water distribution facilities; dedication. Upon satisfactory
completion in accordance with the requirements of the appropriate
state agencies, all water distribution facilities, including mains,
valves, fittings, hydrants and that portion of the service connection
which lie outside the limits of dedicated roadways, shall be offered
to the Town of Halfmoon with delivery to the Town of Halfmoon of duly
executed deeds, title insurance, easements and bills of sale as appropriate
at no cost to the Town of Halfmoon with title insurance and documents
as required by the Town Attorney.
G.
Water distribution facilities; easements. For those
portions of the water distribution system, including mains, valves,
fittings and hydrants which lie outside the limits of dedicated highways,
easements for the maintenance, repair and replacement of the system
shall be conveyed to the Town of Halfmoon at no cost to the Town of
Halfmoon with appropriate title insurance and documents satisfactory
to the Town Attorney together with title insurance and documents as
required by the Town Attorney.
H.
Sewage facilities; dedication. Upon satisfactory completion
and connection in accordance with the requirements of the appropriate
state agencies, Saratoga County Sewer District, all sewage facilities
including mains, manholes and pumping stations, shall be offered to
Saratoga County Sewer District No. 1 at no cost to said district with
delivery to said Saratoga County Sewer District No. 1 of duly executed
deeds, easements and bills of sale as appropriate, together with easements
for the maintenance, repair and replacement of all those portions
of the system which lie outside the limits of the dedicated streets.
Parcels of land for pumping station and access thereto shall be offered
in fee to said district with delivery to said district of a duly executed
deed or deeds, at no cost to said district, if necessary.
I.
Stormwater management facilities; dedication. Upon
satisfactory completion in accordance with the approved drawings,
all stormwater management facilities within the limits of dedicated
streets shall be offered to the Town of Halfmoon with duly executed
deeds, easements and bills of sale as appropriate at no cost to the
Town of Halfmoon, which the Town, in its sole discretion, may accept
for dedication at any time it determines, together with title insurance
and documents as required by the Town.
J.
Stormwater management facilities; easements. For all
those portions of the stormwater management facilities, including
pipes, catch basins, manholes and retention areas, which lie outside
the limits of dedicated streets, easements for the maintenance, repair
and replacement of the system shall be conveyed to the Town of Halfmoon
at no cost to the Town of Halfmoon, if requested by the Town of Halfmoon
at any time, together with title insurance and documents as required
by the Town.
K.
Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor by the development
serviced by said areas, for the development area.
L.
Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review and must be approved by said Planning Board.
M.
Letter of credit.
(1)
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
the following:
(a)
Return of the site to its original condition
after clearing and grading should this be deemed necessary by the
Planning Board;
(b)
The satisfactory completion of the utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping on the project site.
(2)
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
N.
Zoning Map. Local Law No. 5 of 1995 and the Official
Zoning Map, as revised, amended and supplemented, is hereby amended
by providing that Mohawk Terrace Planned Development District be set
forth on a supplementary map which is hereby made a part of this local
law as Exhibit B, dated August 29, 1996; the property set forth on
such map is the same real property, described in the description annexed
hereto and marked Exhibit A, made by Ivan Zdrahal, dated July 16,
1996.[2]
[2]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
O.
Revocation; regulations for construction completed
at time of revocation; waiver.
(1)
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(a)
Commencement of the construction of amended
Mohawk Terrace Planned Development District has not begun within 12
months from the effective date of this local law;
(b)
Substantial progress is not being made without
undue interruption after construction has commenced;
(c)
Completion of the proposed planned development
is not completed within three years from the start of construction.
(2)
As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment and as to said area and buildings, this
amending local law shall continue in full force and effect and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
(3)
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolutions, without first conducting a public
hearing thereon.
[Added 8-20-2002 by L.L. No. 5-2002]
A.
Title. This local law shall be known and may be cited
as Local Law No. 5 of 2002, amending Local Law No. 5 of 1995 and Local
Law No. 5 of 1996 of the Town of Halfmoon entitled "Local Law Relating
to Zoning for the Town of Halfmoon," as previously amended and supplemented
by the local laws and an ordinance relating to zoning of the Town
of Halfmoon, and further amending Local Law No. 3 of the year 1971
providing for the creating of a planned development district known
as Mohawk Terrace Planned Development District and Local Law No. 1
of 1991 and Local Law No. 5 of 1996 amending same.
B.
Establishment of district. Local Law No. 5 of 1995
of the Town of Halfmoon, entitled "Local Law Relating to Zoning for
the Town of Halfmoon," and the Zoning Map of the Town of Halfmoon,
as set forth and enacted in Local Law No. 5 of 1995, and Local Law
No. 3 of 1971, Local Law No. 1 of 1991 and Local Law No. 5 of 1996
be and the same hereby are amended by modifying the provisions applicable
to the residential planned development district known and described
as "Mohawk Terrace Planned Development District," which was created
by said Local Law No. 3 of 1971, as amended by Local Law No. 1 of
1991.
C.
Boundaries.[1] The area of said Mohawk Terrace Planned Development District
is bounded and described as set forth in Exhibit A attached hereto
and made a part hereof and as shown on a certain amended site plan
map thereof, prepared by Ivan Zdrahal Associates, P.E., dated February
22, 2002, entitled "Proposed Mohawk Terrace PDD Amendment, prepared
for Jean M. Hoffman."
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
Development. There shall be developed within the area
of said amended Mohawk Terrace Planned Development District a total
of an addition of eight units to the existing 260 for a total of 268,
within an addition of 2.7+/- acres, with ancillary structures,
facilities, roads or streets. Of the 2.7 additional acres. 1.9 acres
of land is presently vacant land and is shown as Parcel A on the said
map. Parcel B on said map consists of 0.92 acres of land. A single-family
residence is located on this parcel. Parcel C on said map consists
of 0.59 acres of land. This parcel contains a single-family house
and garage. The proposed additional eight unit apartment building
will be constructed on the general area of Parcel C and the existing
buildings on Parcel C will be removed. No additional construction
is permitted or proposed on Parcels A and B. Sanitary waste will discharge
to the existing Mohawk Terrace Complex waste disposal system, which
system as represented by the applicant has ample capacity and sewer
mains and wastewater treatment plant to accept the additional flow.
E.
Construction regulations.
(1)
Before construction of the amended Mohawk Terrace
Planned Development District is started or any building permit is
issued relative thereto, final site plans and specifications, sufficient
for the site plan review and engineering analysis, shall be submitted
to and approved by the Planning Board of the Town of Halfmoon and
filed with the Town Clerk of the Town of Halfmoon, and said approval
is a condition precedent to any construction.
(2)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3)
The exact location, number and size of buildings,
parking areas, green space, sidewalks, interim roads and other related
matters may be changed, altered or amended during the Town of Halfmoon
Planning Board site plan review process in a manner generally consistent
with the preliminary plan and this local law.
(4)
During construction of the Mohawk Terrace Planned
Development District, there shall be constructed, as set forth in
general conformity with the preliminary plans, as a part of the plans
and specifications to be approved by the Planning Board of the Town
of Halfmoon, parking areas and access drives providing sufficient
parking and access for all buildings per Town specifications.
F.
Water distribution facilities; dedication. Upon satisfactory
completion in accordance with the requirements of the appropriate
state agencies, all water distribution facilities, including mains,
valves, fittings, hydrants and that portion of the service connection
which lie outside the limits of dedicated roadways, shall be offered
to the Town of Halfmoon with delivery to the Town of Halfmoon of duly
executed deeds, title insurance, easements and bills of sale as appropriate
at no cost to the Town of Halfmoon with title insurance and documents
as required by the Town Attorney.
G.
Water distribution facilities; easements. For those
portions of the water distribution system, including mains, valves,
fittings and hydrants which lie outside the limits of dedicated highways,
easements for the maintenance, repair and replacement of the system
shall be conveyed to the Town of Halfmoon at no cost to the Town of
Halfmoon with appropriate title insurance and documents satisfactory
to the Town Attorney together with title insurance and documents as
required by the Town Attorney.
H.
Sewage facilities; dedication. Upon satisfactory completion
and connection in accordance with the requirements of the appropriate
state agencies, Saratoga County Sewer District, all sewage facilities
including mains, manholes and pumping stations shall be offered to
Saratoga County Sewer District No. 1 at no cost to said district with
delivery to said Saratoga County Sewer District No. 1 of duly executed
deeds, easements and bills of sale as appropriate, together with easements
for the maintenance, repair and replacement of all those portions
of the system which lie outside the limits of the dedicated streets.
Parcels of land for pumping station and access thereto shall be offered
in fee to said district with delivery to said district of a duly executed
deed or deeds, at no cost to said district, if necessary. In the alternative,
the on-site septic will continue to treat the effluent at the applicant's
sole cost and expense and will be so operated and manufactured so
as to meet all requirements of the New York State Department of Environmental
Conservation and the New York State Department of Health.
I.
Stormwater management facilities; dedication. Upon
satisfactory completion in accordance with the approved drawings,
all stormwater management facilities within the limits of dedicated
streets shall be offered to the Town of Halfmoon with duly executed
deeds, easements and bills of sale as appropriate at no cost to the
Town of Halfmoon, which the Town in its sole discretion may accept
for dedication at any time it determines, together with title insurance
and documents as required by the Town.
J.
Stormwater management facilities; easements. For all
those portions of the stormwater management facilities, including
pipes, catch basins, manholes and retention areas which lie outside
the limits of dedicated streets, easements for the maintenance, repair
and replacement of the system shall be conveyed to the Town of Halfmoon
at no cost to the Town of Halfmoon, if requested by the Town of Halfmoon
at any time, together with title insurance and documents as required
by the Town.
K.
Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor by the development
serviced by said areas, for the development area.
L.
Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review and must be approved by said Planning Board.
M.
Letter of credit.
(1)
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
the following:
(a)
Return of the site to its original condition
after clearing and grading should this be deemed necessary by the
Planning Board;
(b)
The satisfactory completion of the utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping on the project site.
(2)
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
N.
Zoning Map. Local Law No. 5 of 1995 and the Official
Zoning Map, as revised, amended and supplemented, are hereby amended
by providing that Mohawk Terrace Planned Development District be set
forth on a supplementary map which is hereby made a part of this local
law as Exhibit B, dated February 22, 2002; the property set forth
on such map is the same real property described in the description
annexed hereto and marked Exhibit A, made by Ivan Zdraltal, dated
February 22, 2002.
O.
Revocation; regulations for construction completed
at time of revocation; waiver.
(1)
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(a)
Commencement of the construction of amended
Mohawk Terrace Planned Development District has not begun within 12
months from the effective date of this local law;
(b)
Substantial progress is not being made without
undue interruption after construction has commenced;
(c)
Completion of the proposed planned development
is not completed within three years from the start of construction.
(2)
As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment, and as to said area and buildings, this
amending local law shall continue in full force and effect and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
(3)
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolutions, without first conducting a public
hearing thereon.
