This local law shall be known and may be cited
as local law amending Local Law No. 2 of 1973 of the Town of Halfmoon
entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
providing for the creation of a planned development district to be
known as "Twin Lakes Planned Development District."
Local Law No. 2 of 1973 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 therein and made
a part thereof, be and the same hereby are amended by changing from
Residence District R-1 and Residence District R-3, a portion thereof
as hereinafter described, and creating within the boundaries of said
newly described area a planned development district to be known and
described as "Twin Lakes Planned Development District."
The area of said Twin Lakes Planned Development
District is bounded and described as set forth in Exhibit A attached
hereto and made a part hereof.
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. All
construction shall be performed subject to the direction and control
of a duly licensed architect and a site development consultant and,
when completed, shall be certified by both as having been constructed
in full compliance with the New York State Building Code. The plans
and specifications shall be approved by the Planning Board of the
Town of Halfmoon and, on approval by such Planning Board, shall be
filed in the office of the Town Clerk of the Town of Halfmoon. The
Planning Board may not give final approval for construction unless
and until the project shall have been approved by the Water Resources
Bureau of the State of New York and such approval is on file with
the Town Board and the Planning Board of the Town of Halfmoon. The
architect and consultant performing the work herein described shall
be employed by and at the sole expense of the developer. All construction
during performance thereof and upon completion shall be subject to
the inspection and approval of the Building Inspector of the Town
of Halfmoon. All roads and/or streets to be constructed 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. All sewage and water shall be supplied from a source
or sources approved by the New York State Department of Public Health.
Any private sewage or water system must and shall be connected to
public or municipal facilities when available.
This amendment shall be deemed automatically
revoked and void, and the previous regulations shall obtain, if within
four months from the approval by the Planning Board of the Town of
Halfmoon for construction of the project commencement of the construction
of Twin Lakes Planned Development District has not begun or if, after
construction has begun, unless substantial progress continues without
undue interruption thereafter or if the development is not completed
within eight years of such approval. As to the area within which a
building or buildings have been constructed pursuant to this local
law, there shall be no voiding of this amendment and as to said area
and building or buildings, this amendment local law shall continue
in full force and effect and the area zoned by this local law shall
be the area within which said building or buildings was or were constructed
pursuant to this amending local law. For proper cause shown, the Town
Board of the Town of Halfmoon may, under such terms and conditions
as it deems proper, extend either the four-month period or the eight-year
period, or both, and/or may waive the requirement that substantial
progress shall continue without undue interruption.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that said Twin Lakes Planned
Development District be set forth on supplementary map numbered 1,
which is hereby made a part of this local law.
[Added 12-3-1991 by L.L. No. 4-1991]
A. Title. This local law shall be known and may be cited
as Local Law No. 4 of 1991, a local law amending Local Law No. 1 of
1974, amending Local Law 2 of 1973 of the Town of Halfmoon, entitled
"Local Law Relating to Zoning for the Town of Halfmoon Providing for
the Extension of a planned development district known as Twin Lakes
Planned Development District."
B. Establishment of district. Local Law No. 1 of 1969
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. 1 of 1974, amending Local
Law No. 2 of 1973, be and the same are hereby amended as hereinafter
described, creating within the boundaries of said Town an extension
to the planned development district known as Twin Lakes Planned Development
District.
C. Boundaries. The area of said extended Twin Lakes Planned
Development District is bounded and described as set forth in Exhibit
A attached hereto and made a part hereof and as shown on a certain
site plan map thereof, prepared by Clough, Harbour & Associates,
dated June 23, 1991.
D. Development. There shall be developed within the area
of said "Extended Twin Lakes Planned Development District" a total
of 32 apartment units within either four- or eight-unit buildings,
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) A privately owned and maintained access road, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Sitterly Road.
(3) Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 6. Approval
of the water distribution system shall be obtained 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.
(6) Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, Sitterly Road and New York State and U.S. Route 9.
E. Construction regulations.
(1) Before construction of the extended Twin Lakes Planned
Development District is started or any building permit is issued relative
thereto, final site plans and specifications, sufficient for site
plan review and engineering analysis, shall be submitted to the Planning
Board of the Town of Halfmoon and filed with the Town Clerk of the
Town of Halfmoon.
(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 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.
(4) During construction of the extended Twin Lakes 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 and the Town of Halfmoon Water
District No. 6 well site.
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 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.
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.
H. Sewage facilities; dedication. 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, 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.
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.
K. Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review.
L. 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 roads 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.
M. Zoning Map. Section 402 of the said Local Law No.
1 of 1968, Zoning Map, as revised, amended and supplemented by the
local law relating to zoning of the Town of Halfmoon adopted October
7, 1986, revised November 8, 1990, is hereby amended by providing
that the extended Twin Lakes Planned Development District be set forth
on a supplementary map which is hereby made a part of this local law
as Exhibit B, dated July 23, 1991; the property set forth on such
map is the same real property described in the description annexed
hereto and marked Exhibit A made by Clough, Harbour & Associates,
dated July 23, 1991.
N. 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 extended
Twin Lakes has not begun within 12 months from the effective date
of this local law; or
(b)
Substantial progress is not being made without
undue interruption after construction has commenced.
(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 9-20-2005 by L.L. No. 6-2005]
A. Title. This local law shall be known and may be cited
as Local Law No. 6 of 2005, 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,
and amending Local Law No. 1 of 1974, providing for the creation of
a planned development district known as "Twin Lakes Planned Development
District," as further amended by Local Law No. 1 of 1991.
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 previously amended, be and the same hereby are amended and supplemented
and are hereby further amended and supplemented by the creation of
the Twin Lakes Planned Development District.
C. Boundaries. A portion of the said Twin Lakes Planned
Development District, as bounded and described as shown on a certain
site plan map prepared by Environmental Design Partnership dated June
16, 2005, is hereby modified to remove a 1.87 acre parcel from the
planned development district. The new district shall be as shown on
the annexed Schedule A.
D. The said Local Law No. 5 of 1995, Zoning Map, is hereby
amended by providing that the Twin Lakes PDD, as amended herein, be
set forth on a supplementary map which is hereby made a part of this
local law as Exhibit B. The property set forth on such map is the
real property described in the description annexed hereto made by
Environmental Design Partnership, which is hereby made a part of this
local law as Exhibit A.
E. The original planned development district legislation
and the site plan made by Environmental Design Partnership, dated
June 16, 2005, will provide that the planned development district
will be amended to delete the 1.87 acre parcel from the planned development
district and amending the boundaries.